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Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005 (Text with EEA relevance)
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1.Tariffs, or the methodologies used to calculate them, applied by the transmission system operators and approved by [F1the national regulatory authority]F2..., shall be transparent, take into account the need for system integrity and its improvement and reflect the actual costs incurred, insofar as such costs correspond to those of an efficient and structurally comparable network operator and are transparent, whilst including an appropriate return on investments, and, where appropriate, taking account of the benchmarking of tariffs by [F1the national regulatory authority]. Tariffs, or the methodologies used to calculate them, shall be applied in a non-discriminatory manner.
[F3Tariffs] may also be determined through market-based arrangements, such as auctions, provided that such arrangements and the revenues arising therefrom are approved by the [F4national] regulatory authority.
Tariffs, or the methodologies used to calculate them, shall facilitate efficient gas trade and competition, while at the same time avoiding cross-subsidies between network users and providing incentives for investment and maintaining or creating interoperability for transmission networks.
Tariffs for network users shall be non-discriminatory and set separately for every entry point into or exit point out of the transmission system. Cost-allocation mechanisms and rate setting methodology regarding entry points and exit points shall be approved by the national regulatory [F5authority]. [F6The national regulatory authority must ensure that network charges are not] calculated on the basis of contract paths.
2.Tariffs for network access shall neither restrict market liquidity nor distort trade across borders of different transmission systems. F7...
Textual Amendments
F1Words in Art. 13(1) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), reg. 1(1), Sch. 2 para. 5(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 13(1) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), reg. 1(1), Sch. 2 para. 5(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F3Word in Art. 13(1) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), reg. 1(1), Sch. 2 para. 5(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F4Word in Art. 13(1) inserted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), reg. 1(1), Sch. 2 para. 5(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F5Word in Art. 13(1) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), reg. 1(1), Sch. 2 para. 5(2)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 13(1) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), reg. 1(1), Sch. 2 para. 5(2)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Art. 13(2) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), reg. 1(1), Sch. 2 para. 5(3); 2020 c. 1, Sch. 5 para. 1(1)
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