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Regulation (EC) No 715/2009 of the European Parliament and of the CouncilShow full title
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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- Revised 24/12/20180.34 MB
- Revised 25/05/20150.33 MB
- Revised 01/06/20130.33 MB
- Revised 17/09/20120.32 MB
- Revised 03/03/20110.26 MB
- Revised 03/09/20090.13 MB
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Changes over time for: Article 16
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Article 16U.K.Principles of capacity-allocation mechanisms and congestion-management procedures concerning transmission system operators
1.The maximum capacity at all relevant points referred to in Article 18(3) shall be made available to market participants, taking into account system integrity and efficient network operation.
2.The transmission system operator shall implement and publish non-discriminatory and transparent capacity-allocation mechanisms, which shall:
(a)provide appropriate economic signals for the efficient and maximum use of technical capacity, facilitate investment in new infrastructure and facilitate cross-border exchanges in natural gas;
(b)be compatible with the market mechanisms including spot markets and trading hubs, while being flexible and capable of adapting to evolving market circumstances; and
(c)be compatible with the network access systems of the Member States.
3.The transmission system operator shall implement and publish non-discriminatory and transparent congestion-management procedures which facilitate cross-border exchanges in natural gas on a non-discriminatory basis and which shall be based on the following principles:
(a)in the event of contractual congestion, the transmission system operator shall offer unused capacity on the primary market at least on a day-ahead and interruptible basis; and
(b)network users who wish to re-sell or sublet their unused contracted capacity on the secondary market shall be entitled to do so.
In regard to point (b) of the first subparagraph, a Member State may require notification or information of the transmission system operator by network users.
4.In the event that physical congestion exists, non-discriminatory, transparent capacity-allocation mechanisms shall be applied by the transmission system operator or, as appropriate, by the regulatory authorities.
5.Transmission system operators shall regularly assess market demand for new investment. When planning new investments, transmission system operators shall assess market demand and take into account security of supply.
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