The gas transmission system operators (“TSOs”) bayernets GmbH, Fluxys Deutschland GmbH, Fluxys TENP GmbH, GASCADE Gastransport GmbH, Gastransport Nord GmbH, Gasunie Deutschland Transport Services GmbH, GRTgaz Deutschland GmbH, jordgas Transport GmbH, Lubmin-Brandov Gastransport GmbH, NEL Gastransport GmbH, Nowega GmbH, ONTRAS Gastransport GmbH, OPAL Gastransport GmbH & Co. KG, Open Grid Europe GmbH, terranets bw GmbH and Thyssengas GmbH (below referred to as the “Network Operators”) carry out market demand assessments in accordance with Article 26 of Regulation (EU) 2017/459 (Network Code on Capacity Allocation Mechanisms) (below referred to as the “CAM NC”) in order to determine whether and to what extent incremental transmission capacity needs to be created on the borders of the market areas GASPOOL and NCG.
The aim of each market demand assessment cycle is to evaluate the prospective demand for incremental capacity of all market participants participating in the process (each a “Participant”) for an entry/exit-system border and to determine whether an incremental capacity project is initiated, with the results to be presented in a report.
Neither the submission of a non-binding demand indication nor a response to such non-binding demand indication by the Network Operators shall give rise to any obligation to subsequently carry out any network development project or to purchase new capacity.
A new market demand assessment cycle will be initiated in each odd-numbered year, in each case starting immediately after the start of the annual yearly capacity auction held on the European capacity platform PRISMA (below referred to as “PRISMA”) and ending eight weeks after the start of that annual yearly capacity auction on PRISMA (“8-Week Deadline”).
In view of the fact that the CAM NC comes into force on 6 April 2017, the first market demand assessment cycle takes place in 2017 and starts on this date instead of starting after the annual yearly capacity auction as required under the CAM NC for subsequent process cycles. The deadline for the submission of demand indications therefore is 24:00 hours on 1 June 2017. Demand indications submitted after this deadline – as determined by the date of the postmark – will not be considered in the ongoing process cycle. Each Participant will receive an acknowledgement of receipt.
Within 8 weeks from the submission deadline, i.e. no later than by the end of 27 July 2017, each Participant will receive a response from the TSOs concerned in accordance with the requirements set out in Article 26(10)(a) to (c) of the CAM NC.
The Network Operators will base their market demand assessment reports for each ongoing market demand assessment cycle on all non-binding demand indications that were received by the 8-Week Deadline applicable in relation to that market demand assessment cycle. Demand indications submitted by Participants which are received after the 8-Week Deadline applicable in each case will be considered in the report for the next market demand assessment cycle. Whether a demand indication was received by the 8-Week Deadline will be determined with reference to the date on which the original version of the completed and signed standard request form was received by post.
For the purposes of these Terms and conditions of Participation and the standard request form to be completed by Participants the following definitions apply:
- “GY” (Gas Year) means the period commencing at 06:00 hours Central European Summer Time (CEST) on 1 October of each calendar year and ending at 06:00 hours (CEST) on 1 October of the following calendar year.
- “Freely Allocable Firm Entry Capacity” or “Freely Allocable Firm Exit Capacity” means capacity that allows a shipper to use the relevant network for gas transports from the entry point booked by the shipper to the virtual trading point of the entry/exit-systems where the booking was made or from the virtual trading point of the entry/exit-systems where the booking was made to the exit point booked by the shipper, respectively (see section 3(3) of the German Gas Third-Party Access Regulations (GasNZV)).
- “Restrictedly Allocable Firm Capacity” is a capacity that ensures firm network access from one booked entry point to one or several defined exit points of an entry/exit system or firm network access to one booked exit point from one or several defined entry points of an entry/exit system. Where this type of capacity is selected as “Entry Capacity” and/or “Exit Capacity”, a corresponding entry/exit system or entry/exit point must also be specified.
Non-binding demand indications must be submitted using the standard request form provided in German and English on the website FNB Gas Capacity of the TSO association Vereinigung der Fernleitungsnetzbetreiber Gas e. V. (“FNB Gas”).
All non-binding demand indications must specify at least the information set out in Article 26(8)(a) to (c) of the CAM NC. Where a non-binding demand indication has also been submitted to a TSO in an adjacent country pursuant to Article 26(8)(d) of the CAM NC, this must be indicated in the section “Details of corresponding requests submitted to other entry/exit systems or TSOs affected pursuant to Article 26(8)(d) of the CAM NC”.
The TSOs shall have the right to treat requests for Restrictedly Allocable Firm Capacity as an expression of demand for Freely Allocable Firm Capacity. Requests for Restrictedly Allocable Firm Capacity will therefore be considered as the minimum requirement for the type of capacity requested.
When filling in the standard request form Participants will be required to accept these Terms of Participation. Once the standard request form has been completed, it must be printed and signed, and the original signed version must be sent by post to:
Vereinigung der Fernleitungsnetzbetreiber Gas e. V., Georgenstr. 23, 10117 Berlin, Germany.
The Network Operators shall only be liable for loss or damage caused by wilful act or gross negligence, whether arising in contract or by statute. This shall also apply where and to the extent that acts are carried out on behalf of the Network Operators by their legal representatives or vicarious agents. The foregoing shall not apply where the loss or damage in question was incurred or suffered as a result of a breach of a material contractual obligation. For the purposes of these Terms of Participation, material contractual obligation means any contractual obligation performance of which is an essential element of the relevant contract and compliance with which the other Party may reasonably rely on. In any such case the Network Operators’ liability shall, however, be limited to such foreseeable loss or damage as is typical for the relevant type of contract. Where and to the extent that Vereinigung der Fernleitungsnetzbetreiber Gas e. V. is involved in the assessment of the market demand for incremental capacity, it shall only be liable for loss or damage which was caused by wilful act or gross negligence.
The foregoing shall not affect the liability of the Parties for injury to life, body or health.
Participants hereby give their consent for the information they provide via the standard request form to be used in connection with the market demand assessment process. In particular, without limitation, they hereby give permission to the Network Operators to disclose this information to third parties (for example other TSOs, authorities etc.) and to publish it in aggregated and anonymised form (per entry/exit-systems border) as part of the market demand assessment process, in the context of technical studies or public consultations, for coordination purposes when liaising with the German national regulatory authority Bundesnetzagentur (the “Federal Network Agency”) or in order to carry out any other step that may be required during the process.
Except as otherwise provided above, the Network Operators shall keep confidential all information they obtain in the course of the market demand assessment process and shall not publish this information or disclose it to any third party in any other way or pass it on to any third party without the express prior written consent of the Participant affected.
The above confidentiality requirement shall not apply where and to the extent that the Network Operators have a statutory obligation to any national or international authority or other state entity to disclose, pass on or publish the information in question or where they have received a request from the Federal Network Agency. The Network Operators shall further have the right to disclose the above information to any third party who are themselves under an obligation to keep such information confidential, such as public accountants, tax advisers or lawyers, in the context of their respective engagements.
The provisions set out in section 6a of the German Energy Industry Act (EnWG) shall remain unaffected.
Demand indications that fail to comply with these Terms and conditions of Participation will be excluded from the market demand assessment process and no longer be taken into account by the Network Operators. In any such case the Network Operators will notify the Participant affected thereof without undue delay in a written form in accordance with section 126b of the German Civil Code (BGB; “Text Form”).
The provisions set out in paragraph 4 of section 2 above governing the treatment of demand indications which are submitted after the applicable deadline shall remain unaffected.
Our service to you will only comprise the passing on of your expression of market demand to our member companies. Once you have returned your declaration and the printout of the PDF standard request form to us, we will pass on your demand indication to the member company locally responsible.
The Network Operators are the ultimate recipients of all data and information provided by a Participant. The data Participants enter online in the standard request form will neither be stored nor processed electronically or automatically in any other way. The Network Operators will store Participant data for such time as is necessary for the purpose of carrying out the market demand assessment process and allocating new capacity. Participants hereby give their consent for this information to be analysed and processed as well as for it to be published in the corresponding market demand assessment report in accordance with Article 26(13) of the CAM NC. Section 6 above shall remain unaffected.
Where personal data is collected, it will only be used for the purpose of carrying out the steps outlined in the “Our Project” section of this website. No personal data will be sold or marketed in any other way. Participants hereby agree to their personal data being collected, processed and used.
The Terms and conditions of Participation set out herein are published in German as well as in English. If there is any conflict in meaning between the German and English language versions, the German language version shall prevail. The English language version shall not be authoritative in any way when it comes to interpreting the German language version.