# Commission Regulation (EU) 2015/703 of 30 April 2015 establishing a network code on interoperability and data exchange rules (Text with EEA relevance), Article 19: Managing cross-border trade restrictions due to differences in odourisation practices

Extent: E+W+S+N.I.

1. Where a restriction to cross-border trade due to differences in odourisation practices cannot be avoided by the concerned transmission system operators and is recognised by the national regulatory authority, the national regulatory authority may require the concerned transmission system operators to endeavour to reach an agreement within six months, which may include swapping and flow commitments, to solve any restriction recognised. The concerned adjacent TSOs shall provide the national regulatory authority with the agreement for approval.
2. Where no agreement can be reached between the concerned transmission system operators after the six-month period referred to in paragraph 1 or where the national regulatory authority considers that the proposed agreement by the concerned adjacent TSOs is not sufficiently effective to remove the restriction, the concerned transmission system operators, in cooperation with the national regulatory authority, shall, within the following 12 months, define a detailed plan setting out the most cost effective method to remove a recognised restriction at the specific cross-border interconnection point.
3. For the purpose of fulfilling the obligations under paragraph 2, the concerned transmission system operators shall in sequence:
(a) develop options to remove the restriction by identifying and assessing:
(i)a conversion towards cross-border physical flow of non-odourised gas;
(ii)the potential physical flow of odourised gas into the non-odourised transmission network or part thereof and interconnected downstream systems;
(iii)an acceptable level of odourant for cross-border physical gas flow.
(b) jointly carry out a cost-benefit analysis on the technically feasible options to define economically efficient solutions. That analysis shall:
(i)take into account the level of safety;
(ii)include information on projected volumes of gas to be transported and details of costs of necessary infrastructure investments;
(iii)specify the breakdown of costs and benefits between the categories of affected parties;
(c) produce an estimate of the implementation time for each potential option;
(d) conduct a public consultation and take into consideration the results of such consultation;
(e) submit any feasible solutions including the cost recovery mechanism and implementation timing to the national regulatory authority for approval.
If a solution is approved by the national regulatory authority, that solution shall be implemented in accordance with the timeframe provided for in point (e).
4. If the national regulatory authority does not approve any solution submitted under point (e) of paragraph 3 within six months from its submission or if the concerned transmission system operators fail to propose a solution within the 12 months' framework of paragraph 2, the concerned transmission system operators shall endeavour to implement a shift towards the cross-border physical flow of non-odourised gas ... within a time-frame approved by the national regulatory authority, but not exceeding four years. After a full technical shift towards non-odourised gas, transmission system operators shall accept technically unavoidable levels of successively reducing residual amounts of odourants in cross-border flows.
(5.) In performing their functions set out in this Article, the concerned transmission system operators must endeavour to cooperate with the concerned non-UK TSOs.
(6.) Before determining whether to grant approval under paragraphs (1), (3) or (4) of this Article, the national regulatory authority must endeavour to cooperate with the concerned non-UK regulatory authorities with a view to reaching a joint decision.
(7.) If both national regulatory authorities are concerned, they must cooperate with each other, and references in paragraphs 1, 2, 3, 4 and 6 to “the national regulatory authority” are to be read as references to “the national regulatory authorities”.

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Source: https://www.legislation.gov.uk/eur/2015/703/article/19 (the official version)
Page: https://openlegislation.uk/eu-regulation-2015-703/article-19
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.