Commission Regulation (EU) 2017/459Dangos y teitl llawn

Article 6 U.K. Capacity calculation and maximisation

1. The maximum technical capacity shall be made available to network users, taking into account system integrity, safety and efficient network operation.

(a) In order to maximise the offer of bundled capacity through the optimisation of the technical capacity transmission system operators shall take the following measures at interconnection points, giving priority to those interconnection points where there is contractual congestion pursuant to point 2.2.3(1) of Annex I to Regulation (EC) No 715/2009: the transmission system operators shall establish and apply a joint method, setting out the specific steps to be taken by the respective transmission system operators to achieve the required optimisation:

(1)

the joint method shall include an in-depth analysis of the technical capacities, including any discrepancies therein on both sides of an interconnection point, as well as the specific actions and detailed timetable — including possible implications and containing the regulatory approvals required to recover costs and adjust the regulatory regime — necessary to maximise the offer of bundled capacity. Such specific actions shall not be detrimental to the offer of capacity at other relevant points of the concerned systems and points to distribution networks relevant for security of supply to final customers, such as those to storage facilities, LNG terminals and protected customers as defined in [F1 Regulation (EU) No. 2017/1938] of the European Parliament and of the Council;

(2)

the calculation methodology and the rules of making available the capacity, adopted by the transmission system operators, shall address specific situations where competing capacities across systems involve interconnection points and exit points to storage facilities;

(3)

this in-depth analysis shall take into account assumptions made in F2 ... national investment plans, relevant obligations under the applicable national laws and any relevant contractual obligations;

(4)

the relevant transmission system operators shall apply a dynamic approach to re-calculating technical capacity, where appropriate in conjunction with the dynamic calculation applied for additional capacity on the basis of point 2.2.2.2 of Annex I to Regulation (EC) No 715/2009, jointly identifying the appropriate frequency for re-calculation per interconnection point and having regard to the particular specificities thereof;

(5)

in the joint method, F3 ... transmission system operators [F4 and non-UK TSOs] shall consult other transmission system operators specifically affected by the interconnection point;

(6)

transmission system operators shall have regard to information that network users [F5 or the holder of a licence under section 7AA of the Gas Act 1986] may provide with regard to expected future flows when re-calculating the technical capacity.

(7)

[F6 this in-depth analysis must also take into account any obligations of a non-UK TSO in relation to the Union-wide 10-year network development plan pursuant to Article 8 of Regulation (EC) No 715/2009 as it has effect in EU law.]

(b) the transmission system operators shall jointly assess at least the following parameters and where appropriate adjust them:

(1)

pressure commitments;

(2)

all relevant demand and supply scenarios [F7 having regard to any information provided by the holder of a licence under section 7AA of the Gas Act 1986], including details on reference climatic conditions and network configurations associated with extreme scenarios;

(3)

calorific value.

[F8 1A. In relation to interconnection points at which any adjacent TSO is a non-UK TSO, transmission system operators must comply with paragraph 1 in so far as they are able to do so and must endeavour to cooperate with the non-UK TSO to comply with paragraph 1.]

2. Where the optimisation of technical capacity causes costs to the transmission system operators, particularly costs that unevenly impact transmission system operators on either side of an interconnection point, transmission system operators shall be allowed to recover such efficiently incurred costs via the regulatory framework established by the relevant regulatory authorities in accordance with Article 13 of Regulation (EC) No 715/2009 F9 ....

3. Where appropriate, national regulatory authorities shall consult network users on the applied calculation method and joint approach.

F10 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in Art. 6(1)(a)(1) 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. 4 para. 6(2); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 6(1)(a)(3) 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. 4 para. 6(3); 2020 c. 1, Sch. 5 para. 1(1)

F3 Word in Art. 6(1)(a)(5) 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. 4 para. 6(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 6(1)(a)(5) 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. 4 para. 6(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 6(1)(a)(6) inserted (1.10.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(1), 43(a); S.I. 2024/957, reg. 2(a)

F6 Art. 6(1)(a)(7) 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. 4 para. 6(5); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 6(1)(b)(2) inserted (1.10.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(1), 43(b); S.I. 2024/957, reg. 2(a)

F8 Art. 6(1A) 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. 4 para. 6(6); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 6(2) 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. 4 para. 6(7) (as amended by S.I. 2020/1016, regs. 1(2), 4(4)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F10 Art. 6(4) 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. 4 para. 6(8); 2020 c. 1, Sch. 5 para. 1(1)