Decree No. 673 / 2004 Coll.
Order laying down rules for the organisation of the gas market
Valid
Effective from 01.01.2005
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673
DECLARATION
of 21 December 2004
laying down rules for the organisation of the gas market
According to Article 98 (7) of Act No. 458 / 2000 Coll., on terms and conditions of business and on the exercise of government administration in the energy sector and amending certain laws (Energy Act), as amended by Act No. 670 / 2004 Coll., ("the Act '), the Energy Regulatory Authority provides for the implementation of § 17 (7) (e) of the Act:
Subject matter
This Decree lays down rules for the organisation of the gas market. The rules for the organisation of the gas market include the organisation of gas transport, gas distribution and storage, balancing, evaluation and settlement of derogations and the procedure for changing the gas supplier. Furthermore, the Decree regulates the rules for the production, assignment and use of gas supply diagrams and the procedure for changing the gas supplier.
Basic concepts
For the purposes of this decree:
(a) user - authorised customer or gas trader,
(b) balance sheet entity - user for whom the transmission system operator carries out an evaluation, clearing and settlement of derogations under the contract;
(c) actual quantity of gas - the quantity of gas determined on the basis of commercial measurement values; for balance sheet purposes, the values determined on the basis of allocation rules and on the basis of the supply type diagrams shall be considered as the actual amount of gas;
(d) assessment of derogations - determination of the size of the variation of individual balance sheet entities in MWh on the gas day concerned;
(e) settlement of derogations - making payments and payments between the balance sheet entity and the transmission system operator for the monthly balance sheet entity's assessed and cleared derogations;
(f) gas day - period from 06: 00: 00 on the calendar day to 06: 00 on the following calendar day,
(g) gas year - period beginning on the first gas day of October and ending on the last gas day of September of the following calendar year,
(h) storage year - period beginning on the first gas day of April and ending on the last gas day of March of the following calendar year,
(i) storage capacity - production and input capacity of the underground gas storage tank m3 / day and its operational volume in m3;
(j) transfer point - the place of transmission of gas between two gas market participants, enabling the quantity and, where applicable, the pressure of the gas transmitted and received, the regulation of gas flow, the measurement of gas quality for the purpose of calculating its supply in kWh or MWh and the transfer of data to dispatches;
(k) running-through measurements - commercial measurements which record hourly volume units of the transmitted gas at the transfer point, converted into reference conditions1),
(l) measurement of the type A - running measurement with remote data transmission,
(m) Type B measurement - other run-through measurements;
(n) type C measurement - non-continuous measurement,
(o) regional distribution system - distribution system which is directly connected to the transport system and to which at least 90 000 final customers are connected;
(p) a local distribution system - a distribution system which is not directly connected to the transport system or a distribution system to which less than 90 000 final customers are connected;
(r) border point - instead of connecting the transmission system to a foreign transmission or distribution system in which the quantity of gas between those systems is measured;
s) virtual gas storage tank - a set of all underground gas storage tanks of one gas operator characterised by one storage capacity;
(t) nomination - a notice by which the user gives prior notification to the transmission system operator of the amount of gas he wishes to supply or withdraw from the system;
(u) renomination - subsequent notification of the corrected nomination,
(v) compensatory point - the place where the balance sheet deviation from the relevant gas day or gas month is subsequently settled;
(w) standardised type diagram - the sequence of relative shares of each daily gas consumption of the relevant end-customer group defined by the supply type diagram class at planned annual consumption,
x) recalculated type diagram - standardized type diagram converted into actual climatic conditions on gas day,
(y) the supply type diagram class - a summary of the characteristics of the sampling points to which the same delivery type diagram is assigned.
Gas market
(1) The subject of the gas market is the purchase and sale of gas and other activities related to the supply of gas for consumption by final customers in the Czech Republic and the export of gas produced in the Czech Republic.
(2) Within the gas market, all time data are given in valid time in the Czech Republic.
(3) The gas market takes place within the gas system, which is divided into balance-sheet zones for capacity reservation and balance-sheet requirements. The balancing zones shall be defined on a territorial basis and their managers shall be the local competent regional distribution system operators. Each demand point of the final customer or transmission point of the gas and local distribution system shall always be assigned to only one balance sheet zone according to the connection point.
(4) The assignment of individual local distribution systems, gas production sites and final customer demand points directly connected to the transmission system to balance zones on the basis of the defined areas of regional distribution systems shall be published by the Authority in the Energy Regulatory Journal and in a way that allows remote access.
(5) The amount of gas at the exit from the balance sheet zone for each gas day shall be equal to the amount of gas at the entry into the balance sheet zone which is the point of exit from the transmission system at this virtual point and the amount of gas at the next entry points at that balance sheet zone.
(6) The virtual gas storage device constitutes a separate virtual point of entry into the transmission system and a separate virtual point of exit from the transmission system.
(7) In addition to the entry and exit points into the transmission system and the exit points from the transmission system, the entry and exit points of the gas system also constitute cross-border interconnection pipelines at the point where the gas quantity is measured.
Gas transport
(1) Gas transport takes place from the point of entry of the transmission system, which is the point of entry of the gas into the transmission system, to the point of exit of the transmission system. The transmission system input points are border points, virtual output points of virtual gas storage units, balancing point and transmission points where the gas manufacturer transfers gas directly to the transmission system. The transmission system output points shall consist of the sum of the transmission points between the transmission system and the individual distribution systems directly connected to the transmission system and the final customer demand points directly connected to the transmission system. In addition, separate transmission system output points constitute virtual entry points of virtual gas storage units and a balancing point.
(2) The entry and exit points of the transmission system are characterised in particular by the name and capacity other than the balancing point. These data, together with other data on individual entry and exit points, which are in particular measurement methods, minimum pressures and evaluation of quality gas parameters, are set out in the Order of the transmission system operator.
(3) The transmission system operator shall purchase gas to cover losses in the transmission system and for its own consumption.
(4) The contract for the transport of gas to final customers in the territory of the Czech Republic (hereinafter referred to as "the contract for the transport of gas') lists the agreed transport capacities.
(5) Gas manufacturers supplying gas directly to eligible customers and users enter into a separate contract with the transmission system operator including provisions relating to the settlement of derogations, unless otherwise assessed.
(6) Access to the transmission system shall take place under a gas contract concluded as:
(a) an annual gas contract with fixed capacity; the contract is concluded for at least 12 consecutive months, respecting the annual period except for newly connected final customers,
(b) an annual gas contract with interruptible capacity; the contract is concluded for at least 12 consecutive months, respecting the annual period except for newly connected final customers; when concluding a contract, the transmission system operator shall identify the balance sheet entity with the size of the uninterruptible part of the capacity, for the interruptible part of the capacity with the manner, time and conditions of limitation or interruption of the gas transport, the means and conditions of notification of restrictions or interruptions and the maximum frequency of restrictions or interruptions within 12 months;
(c) a monthly contract for the transport of gas with fixed capacity; the contract is concluded for 1 to 12 months; the contract is always concluded with effect from the first gas day of the following calendar month,
(d) a monthly gas contract with interruptible capacity; the contract is concluded for 1 to 12 months; the contract shall be concluded with effect from the first gas day of the following calendar month; when entering into a contract, the transmission system operator shall identify the balance sheet entity with the size of the uninterruptible part of the capacity, for the interruptible part of the capacity with the manner, time and conditions of limitation or interruption of the gas transport, the manner and conditions of notification of restrictions or interruptions and the maximum frequency of restrictions or interruptions for the duration of the contract.
(7) Gas transport contracts with interruptible capacity referred to in points (b) and (d) of paragraph 6 may be concluded by the transmission system operator only in cases where a gas transport contract with fixed capacity referred to in points (a) and (c) of paragraph 6 cannot be concluded on the grounds that free fixed capacity is no longer available.
Procedure for the reservation of capacity in the transmission system
(1) The reservation of capacity in the transmission system (hereinafter referred to as "transmission capacity") for annual and multiannual gas transport contracts pursuant to Article 4 (6) (a) and (b) shall be made for the period from the first gas day of each calendar month, except for newly connected final customers.
(2) Applications for reservation of transmission capacities shall be submitted for one pair of transmission system entry and exit points.
(3) A request for a reservation of transmission capacity for 1 year or more shall be submitted by the user to the transmission system operator no later than 30 calendar days before the start of the first gas day of the calendar month when the gas transport is to start under the gas contract. The transmission system operator shall evaluate the requests received and report the results of the reservation of annual and multiannual transmission capacities to all applicants no later than 20 calendar days before the start of the first gas day of the calendar month when the gas shipment is to start under the gas contract.
(4) In the event that the transmission system operator is notified of the allocation of transmission capacity to the user throughout the required range, the transmission system operator shall conclude a fixed-capacity gas contract with that user.
(5) In the event that the transmission system operator is notified of a lack of required transmission capacity to its request for a reservation, the transmission system operator shall conclude a gas transport contract with that user with interruptible capacity where the extent of the possible limitation or interruption of gas transport corresponds to the lack of demand capacity, the transmission system operator shall conclude a gas transport contract with an interruptible capacity not earlier than the eleventh calendar day following the date of notification of the lack of required transmission capacity, unless otherwise agreed by the transmission system operator with the relevant user.
(6) The termination of the notification of the transmission capacity allocation by the transmission system operator referred to in paragraph 4 shall take place on the 10th calendar day following the date of receipt of the notification in the event of the non-conclusion of the gas contract. The termination of the notification of the results of the transmission capacity allocation by the transmission system operator referred to in paragraph 5 shall take place on the 20th calendar day following the date of receipt of the notification in the event of the non-conclusion of the gas contract.
(7) When concluding gas transport contracts with interruptible capacity, the transmission system operator shall take into account changes in the fixed capacity shortages due to the failure to conclude fixed capacity gas transport contracts with the user to whom the fixed capacity has been confirmed.
(8) In the case of a monthly gas transport contract, an application shall be submitted for a reservation of transport capacity no later than 15 calendar days before the beginning of the month from which the gas is to be transported. The transmission system operator shall notify all applicants of the results of the monthly capacity reservation no later than 10 calendar days before the start of each month. The reservation of transmission capacities for monthly gas transport contracts shall be made each month for a period beginning on the first day of the following month. Paragraphs 2 to 7 shall apply mutatis mutandis to the procedure for the reservation of monthly capacity and the conclusion of monthly gas transport contracts, all periods being halved, except for paragraph 5, where the deadline is the sixth calendar day.
(9) The request for the reservation of transmission capacity shall be submitted on a form available to the transmission system operator in a way that allows remote access. The gas trader shall provide sufficient evidence of the supply of gas to final customers or its export to the extent of the required transport capacity. The details of the request shall be determined by the Order of the transmission system operator.
(10) The deadline and the order of receipt of requests for the reservation of transport capacity by the deadline referred to in paragraph 3 are not decisive for the examination of requests for the reservation of transport capacity, except for the examination of requests for the reservation of transport capacity by newly connecting final customers requesting the reservation of transport capacity outside the deadlines referred to in paragraph 1, where the criterion of the deadline and the order of receipt of applications shall be preferred to the criteria for dealing with the shortage of capacity referred to in § 6.
(11) The transfer of reserved transmission capacities shall be determined by the transmission system operator's order. The transfer may take place only on the first day of the calendar month.
(12) The demonstration of the amount of gas supply to final customers shall be carried out at any change in the gas supplier. In particular, they shall be considered sufficient for that purpose:
(a) contractual obligations which exist between the gas trader and the final customer on the basis of which the final customer will withdraw gas or undertake to conclude such contracts in the future;
(b) a written confirmation by the final customer confirming that he has concluded or concluded a contract with the relevant gas trader on the basis of which the final customer will withdraw the gas;
(c) proof of the sale of gas between gas traders for the purpose of selling gas to final customers.
Dealing with transport capacity shortages
(1) In the event of a shortage, transport capacity shall be allocated to applicants for the reservation of transport capacity, subject to Article 5 (10), preferably according to the following criteria, listed in descending order of priority:
(a) transport capacity used for supplies to protected customers;
(b) transport capacity resulting from requests to extend existing gas transport obligations without increasing the contracted capacity or which have been used for the supply of eligible customers in the last year in which they were protected;
(c) the transport capacity resulting from applications for the conclusion of a multi-annual contract for the transport of gas by duration; all contracts over five years are considered equivalent; the criterion may be applied at the earliest to the date of full opening of the gas market pursuant to § 55 of the Act.
(2) In the event that all applicants for a reservation of transport capacity cannot be satisfied with the same priority, the remaining spare capacity shall be distributed on a non-discriminatory basis in the ratio of the size of each requirement.
Gas prices
(1) The prices for the transport of gas are determined by the Authority in accordance with the procedure laid down in the specific legislation2).
(2) The price for interruptible capacity is the same as the price for fixed capacity. In the event that the restriction or interruption of the transmission system operator's gas transport is activated, the transmission system operator shall grant the balance sheet entity a discount. Range of discount Order of the transmission system operator.
(3) If the balance sheet entity exceeds the agreed transmission capacity at an exit point from the transmission system by more than the allowed tolerance by the Authority, it shall be charged by the transmission system operator for exceeding the agreed transmission capacity.
(4) The transmission system operator shall keep payments for exceeding the agreed capacity in a separate account. The full amount, in addition to the payment of verifiable additional costs related to exceeding the agreed values of last year, is reflected in the decrease in the price of gas transport.
Information on transport capacities and related services
In order to ensure non-discriminatory conditions for access to the transmission system in accordance with Section 58 (9) (f) of the Act, the transmission system operator shall publish the following information in a way that allows remote access and shall update at least once a month:
(a) an annual outage plan for each part of the transmission system and a maintenance plan which may have an impact on the size of the transmission capacity and the quality of the services provided;
(b) a long-term distribution plan for the transmission system, which means increasing transport capacity or improving the quality of the services provided;
(c) the numerically indicative size of the technical, overall negotiated and free transmission capacity for all pairs of points of entry into and out of the transmission system; the total contracted and free transport capacity shall be published under the conditions of at least three transporters who have a gas transport contract drawn to a given pair of entry and exit points.
Gas distribution
(1) Gas distribution takes place from the point of entry of the distribution system to the point of exit of the distribution system, which is the point of collection or transfer point or the sum of the transfer points. The entry point of the regional distribution system shall consist of the sum of the transmission points between the transmission system and the distribution system, the sum of the transmission points between the regional distribution system operators, the sum of the transmission points of gas production and the transmission points of cross-border pipelines.
(2) The distribution system operator shall purchase gas to cover losses in the distribution system and for its own consumption.
(3) In the case of sampling points equipped with measurements of type A and B of the category of wholesale and medium customers (3), the gas distribution contract shall specify the maximum daily quantity directly agreed.
(4) A regulated approach to the distribution system is carried out under a gas distribution contract concluded by:
(a) the annual fixed capacity gas distribution contract; the contract is concluded for at least 12 consecutive months, respecting the annual period, except for newly connected final customers,
(b) an annual gas distribution contract with interruptible capacity; the contract shall be concluded for at least 12 consecutive months, respecting the annual period, except for newly connected final customers; when entering into a contract, the distribution system operator shall inform users of the size of the uninterruptible part of the capacity, for the interruptible part of the capacity with the manner, time and conditions of limitation or interruption of gas distribution, the manner and conditions of notification of restrictions or interruptions and the maximum frequency of restrictions or interruptions per month;
(c) a monthly fixed capacity gas distribution contract; the contract is concluded for a minimum of 1 month and a maximum of 12 months; the contract is concluded with effect from the first gas day of the following calendar month and ends on the last gas day of the last month of the contract,
(d) a monthly gas distribution contract with interruptible capacity; the contract is concluded for a minimum of 1 month and a maximum of 12 months; the contract is concluded with effect from the first gas day of the following calendar month and ends on the last gas day of the last month of the contract; when entering into a contract, the distribution system operator shall inform users of the size of the uninterruptible part of the capacity, of the interruptible part of the capacity in the manner, time and conditions for the restriction or interruption of the gas distribution, of the notification of restrictions or interruptions and of the maximum frequency of restrictions or interruptions per month.
(5) Gas distribution contracts with interruptible capacity referred to in paragraph 4 (b) and (d) may be concluded by the distribution system operator only in cases where a fixed-capacity gas distribution contract referred to in paragraph 4 (a) and (c) cannot be concluded on the grounds that free fixed capacity is no longer available.
Procedure for the allocation of distribution system capacity
(1) The allocation of distribution capacity ("distribution capacity") for gas distribution contracts pursuant to Article 9 (4) (a) and (b) is carried out for the period from the first gas day of each calendar month, except for newly connected final customers.
(2) The request for the allocation of distribution capacity referred to in paragraph 1, for each payment point of the authorised customer, shall be submitted by the authorised customer or gas trader himself, who has his consent, no later than 1 month before the date on which the distribution of gas is to begin under the gas distribution contract. The distribution system operator shall evaluate the requests for distribution capacity received and report the results of distribution capacity allocation to all applicants no later than 20 calendar days before the start of each month.
(3) In the case of a monthly gas distribution contract, an application for allocation of distribution capacity shall be submitted no later than 15 calendar days before the beginning of the month in which the gas distribution is to take place. The distribution system operator shall notify the results of the allocation of monthly distribution capacities to all applicants no later than 10 calendar days before the start of each month.
(4) The request for allocation of distribution capacity shall be submitted on a form available in a way that allows remote access to the distribution system operator. The gas trader shall provide sufficient evidence to demonstrate the expected amount of gas supply to final customers in the range of the required distribution capacity. The details of the request shall be determined by the Order of the distribution system operator.
(5) Where the distribution system operator is notified of a lack of the required distribution capacity to be allocated to users, the distribution system operator shall conclude a gas distribution contract with that user with interruptible capacity.
(6) The termination of the notification of distribution capacity results by the distribution system operator shall take place on the 10th calendar day following the date of receipt of the notification by the user, unless the user agrees otherwise with the distribution system operator.
(7) In particular, the following shall be considered sufficient proof of the amount of gas supply to final customers:
(a) contractual obligations which exist between the gas trader and the final customer and on the basis of which the final customer will withdraw gas or undertake to conclude such contracts in the future;
(b) a written confirmation by the final customer confirming that he has concluded or concluded a contract with the relevant gas trader on the basis of which the final customer will withdraw the gas.
Procedure for transferring allocated distribution capacity
(1) The transfer of allocated distribution capacity at the receiving point of the authorised customer or at the transfer point with the measurement type A or B is generally only possible between the existing gas supplier and the new gas supplier. The transfer may only take place on the first day of the following calendar month.
(2) For eligible customers with type C measurements changing their gas supplier, the existing distribution capacity is assumed by a new gas supplier.
Addressing the lack of distribution capacity
(1) Individual cases of shortage of distribution capacities that may arise when assessing requests for allocation of distribution capacity as a result of an increase in the requirement of existing final customers or the connection of new final customers shall be assessed on the basis of local conditions in that part of the distribution network and on the basis of the date of receipt of the request for an increase of existing or allocation of new distribution capacity. The conditions shall be laid down by the Order of the distribution system operator.
(2) An application for an increase in the allocation or allocation of new distribution capacity may be made at any time during the gas year but no later than 20 calendar days before the date from which the increase in the existing or allocation of new distribution capacity should be effective. The distribution system operator shall notify the result of the allocation no later than 10 calendar days before the date from which the change should be effective.
(3) In the event of a shortage of distribution capacity, the applicant for the reservation of distribution capacity is given priority for distribution capacities used for the supply to protected customers. The remaining spare distribution capacity shall be distributed to eligible customers on a non-discriminatory basis in proportion to the size of their requirements.
(4) The termination of the notification of the results of the increase or allocation of new distribution capacity by the distribution system operator shall take place in the event of non-conclusion of the distribution contract within 10 calendar days of the date of receipt of the notification to the user, unless the user agrees otherwise with the distribution system operator.
Prices for gas distribution
(1) The prices for the distribution of gas are determined by the Authority in accordance with the procedure laid down in the Specific Legislation (4).
(2) The price for interruptible capacity is the same as the price for fixed capacity. In the event that the gas distribution restriction or interruption by the distribution system operator is activated, the distribution system operator shall provide a discount to the user. The scope of the discount shall be determined by the Order of the distribution system operator.
(3) If the authorised customer at whose sampling point the measurement type A or B is installed exceeds the distribution capacity at the sampling point by more than the allowed tolerance by the Authority, the distribution system operator shall charge the payment for the demand point for excess distribution capacity.
Gas storage
(1) The organisation of gas storage for users takes place on the basis of virtual gas storage. Individual operators of underground gas storage tanks provide storage capacities in virtual gas storage tanks at virtual points where, in terms of user balance, the transmission and take-over of gas into the underground gas storage tank and the extraction of gas from the underground gas storage tank, regardless of actual transfer points.
(2) For the purpose of transporting gas to the underground gas storage tank when importing gas into the Czech Republic through the transmission system, the virtual entry point of the relevant underground gas storage tank is located at the point of entry of the imported gas into the transmission system.
(3) The transport or distribution of gas for gas storage and the extraction of gas from the underground gas storage tank is carried out by the transmission system operator or the relevant distribution system operator as part of the transport or distribution of gas to final customers in the Czech Republic. The provision of storage capacities by the operator of the underground gas storage tank at a virtual point for these purposes does not mean the transfer of the risk of damage to gas, which is virtually assumed and transferred for insertion into the underground gas storage tank and extraction from the underground gas storage tank.
(4) Each operator of an underground gas storage tank shall offer all spare capacity collectively for all its underground gas storage tanks at the relevant virtual point.
(5) Virtual points of the underground gas storage tank are characterised in particular by the name of the gas storage tank operator and storage capacity.
(6) Information on the real points of the underground gas storage tank, which are the actual transfer points, and their interdependence with virtual points, is given in the Order of the operator of the underground gas storage tank.
(7) The gas storage contract shall specify the operating volume, hourly input power and extractive power, depending on the quantity of gas stored in the virtual gas storage tank.
(8) Access to the underground gas storage tank shall take place under a gas storage contract concluded as:
(a) a contract for the storage of solid gas; the minimum duration of the contract is one storage year, the contract is concluded with effect from the first day of the storage year and ends on the last day of the storage year,
(b) an intermittent gas storage contract; the contract shall be concluded for at least 1 month with effect from the first day of the gas day of a particular month.
Procedure for reservation of storage capacity
(1) Reservation of storage capacity under gas storage contracts pursuant to Article 14 (8) is carried out annually from the beginning of the storage year except for the dates for opening up the gas market pursuant to Article 55 of the Act and the newly connected final customers.
(2) Gas storage contracts concluded for eligible customers with effect from 1 January 2005, 2006 and 2007 and for newly connecting final customers and booking of storage capacities for eligible customers with effect from 1 January 2005, 2006 and 2007 and for newly connecting final customers are considered as contracts concluded and capacities reserved on the first day of the storage year, while the period of booking of storage capacity and the duration of the gas storage contract will end in such cases at the end of the last gas day of the relevant or one of the following storage years.
(3) The request for reservation of storage capacity shall be submitted by the user no later than 40 calendar days before the start of the storage year from which the reservation is requested by the gas storage operator. The gas storage tank operator shall evaluate the requests received and report the results of the storage capacity reservation to all applicants no later than 30 calendar days before the start of the storage year.
(4) The termination of the notification of the results of the reservation of storage capacities in relation to the applicant for the reservation of storage capacity by the operator of the underground gas storage tank referred to in paragraph 3 shall take place on the 10th calendar day following the date of notification of the results of the reservation of storage capacities in the event of non-conclusion of the gas storage contract.
(5) When concluding fixed-power gas storage contracts, the operator of the underground gas storage tank shall take into account changes in the firm-power shortfall due to the failure to conclude fixed-power storage contracts to the user to whom the required performance has been confirmed.
(6) In the event of non-compliance with users' requirements, the required maximum input and mining performance will be reduced in accordance with the Order of the gas operator.
(7) The request for a reservation of storage capacity shall be made on a form available to the gas storage tank operator in a way that allows remote access. The user shall document the request with sufficient evidence of the expected sale of gas to final customers in the range of the required storage capacity. The requirements of the application shall be laid down by the Order of the gas operator.
(8) The date and order of receipt of applications by the deadline referred to in paragraph 3 shall not affect the examination of requests for reservation of storage capacity, except for the examination of requests for reservation of storage capacity of newly connected final customers requesting a reservation of storage capacity outside the dates referred to in paragraphs 1 and 2, where the criterion of the deadline and order of receipt of applications shall be preferred to the criteria for dealing with the shortage of capacity specified in the Order of the gas operator.
(9) The transfer of the reserved storage capacity shall be carried out under the conditions and in accordance with the procedure laid down by the Order of the gas operator. The transfer may take place only on the first day of the calendar month.
(10) The demonstration of the sale of gas to eligible customers shall only be carried out when the gas supplier has changed after 1 January 2005. In particular, they shall be considered sufficient for that purpose:
(a) any contractual obligations which exist between a gas trader and an authorised customer on the basis of which it will withdraw gas or undertake to conclude such a contract in the future; or
(b) a written confirmation by an authorised customer to which that customer certifies that he has concluded or concluded a contract with the relevant gas dealer on the basis of which he will withdraw the gas.
Information on storage capacities
In order to ensure non-discriminatory conditions for access to underground gas storage facilities, the operator of the underground gas storage facility shall publish the following information in a manner that allows remote access and shall update at least once a month:
(a) an annual outage plan for its underground gas storage tanks and a maintenance plan which may have an impact on storage capacity and quality of the services provided;
(b) a long-term storage capacity adjustment plan which may affect the quality of the services provided;
(c) the size of the technical, total and free storage capacity of the relevant virtual gas storage tank; the total negotiated and free storage capacity will be published on the basis of at least three users who have a gas storage contract in the relevant virtual gas storage tank.
Nomination of daily gas supply diagrams
(1) The nomination of daily gas supply diagrams takes place up to the agreed transport capacity. If the nominal value exceeds the maximum agreed transport capacity, the nomination shall be rejected.
(2) Balance-sheet entities shall always nominate a given pair of transmission system input and output points in the form of entering the total daily quantity of gas which they undertake to supply and withdraw from the system. The nominations shall be submitted electronically in a standardised protocol as defined in the Order of the transmission system operator.
(3) The nominations shall be submitted by the balance sheet entity to the transmission system operator for registration no later than 14.00 on the day preceding the gas day on which the delivery is to take place.
(4) The transmission system operator shall carry out a nominal verification and, no later than 15.00 on the day preceding the gas day on which the delivery is to be made, notify the balance-sheet bodies, after confirming compliance of their nominations with the relevant nominations submitted to individual gas storage operators and interconnected transmission systems, whether they have been accepted and registered.
(5) The balance sheet entity may submit a corrective nomination to the transmission system operator no later than 16.00 on the day preceding the gas day on which the delivery is to take place.
(6) No later than 18.00 on the day preceding the gas day on which the delivery is to be made, the transmission system operator shall, after confirmation of compliance of the corrective nominations with the relevant nominations submitted to individual gas storage operators and interconnected transmission systems, notify the final nominations for the following gas day.
Renomination of daily gas supply diagrams
(1) Balance sheet entities may submit to the transmission system operator the renewal of daily gas supply diagrams confirmed by the transmission system operator in accordance with Paragraph 17 (6), not later than 20.00 on the day preceding the gas day on which the delivery is to take place.
(2) The transmission system operator shall carry out a verification of the renminated values and, no later than 22: 00 on the day preceding the gas day on which the delivery is to be made, shall notify the balance-sheet bodies, after confirming compliance of their nominations with the relevant nominations submitted to the individual gas storage operators and interconnected transmission systems, whether they have accepted and registered the nomination.
(3) An additional re-nomination may be submitted by 24.00 on the day preceding the gas day on which the delivery is to be made.
(4) The transmission system operator shall carry out the verification of the retrospectively renminated values referred to in paragraph 3 and no later than 02: 00 on the date on which the gas day on which the delivery is to be made begins, shall notify the balance-sheet bodies, after confirming compliance of their nominations with the relevant nominations submitted to the individual gas storage operators and interconnected transmission systems, whether they have been accepted and registered.
(5) Balance sheet entities may submit to the transmission system operator the requirements for re-nomination beyond the deadline referred to in paragraph 3, including during the relevant gas day, at least two hours before the hour from which they require that the remaining part of the daily quantity be redeemed. The transmission system operator shall respond to these re-nominations within one hour of receipt.
(6) Administration of the nomination after 9.00 hours on a given gas day shall be subject to the cost of the nomination set by the Office if the nomination is accepted.
Commercial balancing of derogations
(1) Balance sheet entities are responsible for balancing their purchases from and deliveries to the gas system on one gas day. Failure to balance the amount of gas at the entry into and exit from the transmission system creates a balance sheet deviation.
(2) The transmission system operator shall be granted balance-sheet tolerance within the agreed transmission capacity to all balance-sheet entities within which the balance-sheet entity is not charged for non-compliance with the balance between the actual amount of gas at the entry into and exit from the transmission system.
(3) Where the size of the balance sheet deviation for the gas day is higher than the permitted balance sheet tolerance provided for in the Authority's pricing decision, the excess balance sheet deviation shall be incurred which shall be subject to a charge for the price for the non-balance sheet deviation established by the Authority.
(4) The balance sheet entity's balance sheet balance sheet deviation shall be determined cumulatively for the whole gas system as the difference between the sum of the actual gas quantities of each balance sheet entity at all gas system inputs and all gas system outputs.
(5) At the entry into virtual gas storage facilities, the value of the amount of gas allocated by the transmission system operator at the border entry point of the nomination relating to the transport of gas to the virtual gas storage tank shall be considered as the amount of gas to the virtual storage tank delivered. At outputs from virtual gas storage tanks, the nominal value is considered as actually delivered quantities. The differences are addressed between the transmission system operator and the underground gas container operators on the basis of separate operating contracts.
(6) Balance sheet entities are also responsible for complying with their collection from the transmission system at each transmission system exit point in the quantity nominated for each of these exit points. Failure to nominate gas output from the transmission system shall result in a nomination deviation.
(7) The transmission system operator shall be granted a nomination tolerance to all balance sheet entities within which the balance sheet entity is not penalised for non-compliance with the nomination at the exit from the transmission system.
(8) Where the nomination derogation is greater than the permitted nomination tolerance set out in the Authority's pricing decision, a non-motorised nomination tolerance shall be established which shall be subject to the charge for the non-motorised nomination tolerance set by the Authority.
Physical compensation of derogations
(1) The transmission system operator ensures balancing the gas system in the event of a difference between the amount of gas entering the gas system and the amount of gas coming out of the gas system. For balancing, it uses free system accumulation or its own gas, followed by a trade settlement with users who have induced the need for balancing.
(2) Distribution system operators shall ensure that fixed pressures are maintained at transmission station outlet points between the transmission system and distribution systems, provided that the transmission system operator supplies gas to those transmission stations within the agreed pressure band. In the case of technical or operational restrictions and subsequent changes in pressure on the part of the distribution system operator associated with the change in the accumulation of the distribution system, the allocation of measured values pursuant to Section 21 shall be adjusted accordingly.
Measurement and processing of measured values
(1) Each working day no later than 11.00 hours, the balance sheet manager shall transmit to the transmission system operator for the preceding working gas day and for all immediately preceding non-working gas days:
(a) the pre-value of the gas supply from the transfer points or the sum of the transfer points of the gas production sites by individual balance sheet entities;
(b) the pre-value of gas supplies and withdrawals at transmission points between distribution systems;
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Regulation Information
| Citation | Decree No. 673 / 2004 Coll., laying down rules for the organisation of the gas market |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.2004 |
|---|---|
| Effective from | 01.01.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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