Article 15 Managing cross-border trade restrictions due to gas quality differences

United Kingdom

Transmission system operators shall cooperate F1with each other and must endeavour to cooperate with non-UK TSOs to avoid restrictions to cross-border trade due to gas quality differences. These actions, initiated and carried out by the transmission system operators in their standard operations, may include, among others, swapping and co-mingling.

Where a restriction to cross-border trade due to gas quality differences cannot be avoided by the concerned transmission system operators and is recognised by the F2national regulatory authority, it may require the F3concerned transmission system operators to perform, within 12 months, the actions referred to in points (a) to (e) in sequence:

(a)

cooperate and develop technically feasible options, without changing the gas quality specifications, which may include flow commitments and gas treatment, in order to remove the recognised restriction;

(b)

jointly carry out a cost benefit analysis on the technically feasible options to define economically efficient solutions which shall specify the breakdown of costs and benefits among the categories of affected parties;

(c)

produce an estimate of the implementation time for each potential option;

(d)

conduct a public consultation on identified feasible solutions and take into consideration the results of the consultation;

(e)

submit a joint proposal for removing the recognised restriction, including the timeframe for implementation, based on the cost benefit analysis and results of the public consultation to F4the national regulatory authority for approval and to the other competent national authorities F5... for information.

F6In performing the actions referred to in points (a) to (e), the concerned transmission system operators must endeavour to cooperate with the concerned non-UK TSOs.

Where the concerned transmission system operators F7and concerned non-UK TSOs do not reach an agreement on a solution, each transmission system operator shall promptly inform its national regulatory authority.

Before adopting a decision pursuant to point (e) of paragraph 2, F8the national regulatory authority shall consult the F9non-UK regulatory authorities of the concerned F10countries or territories. In adopting its decision, the national regulatory authority shall take account of the adjacent F11non-UK regulatory authorities' opinion with a view to have a coordinated decision based on mutual agreement.

F12(4.)

If both national regulatory authorities are concerned, they must cooperate with each other, and references in paragraphs 2 and 3 to “the national regulatory authority” are to be read as references to “the national regulatory authorities”.

Annotations

Textual amendments

F1: Words in Art. 15(1) inserted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 3 para. 16(2); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in Art. 15(2) substituted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 3 para. 16(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F3: Word in Art. 15(2) inserted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 3 para. 16(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F4: Words in Art. 15(2)(e) substituted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 3 para. 16(3)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F5: Words in Art. 15(2)(e) omitted (31.12.2020) by virtue of The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 3 para. 16(3)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F6: Words in Art. 15(2) inserted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 3 para. 16(3)(c); 2020 c. 1, Sch. 5 para. 1(1)
F7: Words in Art. 15(2) inserted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 3 para. 16(3)(d); 2020 c. 1, Sch. 5 para. 1(1)
F8: Words in Art. 15(3) substituted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 3 para. 16(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
F9: Word in Art. 15(3) substituted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 3 para. 16(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
F10: Words in Art. 15(3) substituted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 3 para. 16(4)(c); 2020 c. 1, Sch. 5 para. 1(1)
F11: Word in Art. 15(3) substituted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 3 para. 16(4)(d); 2020 c. 1, Sch. 5 para. 1(1)
F12: Art. 15(4) inserted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 3 para. 16(5); 2020 c. 1, Sch. 5 para. 1(1)