Commission Regulation (EU) 2015/703 of 30 April 2015 establishing a network code on interoperability and data exchange rules (Text with EEA relevance)
Commission Regulation (EU) 2015/703of 30 April 2015establishing a network code on interoperability and data exchange rules(Text with EEA relevance)THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to 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 1775/2005OJ L 211, 14.8.2009, p. 36. and in particular Article 6(11) thereof;Whereas:(1)Regulation (EC) No 715/2009 defines several tasks for the European network of transmission system operators for gas ("Entsog") and for the Agency for the Cooperation of Energy Regulators established by Regulation (EC) No 713/2009 of the European Parliament and of the CouncilRegulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators (OJ L 211, 14.8.2009, p. 1). (the "Agency"). Amongst these is the development of European-wide network codes in the areas referred to in Article 8(6) of Regulation (EC) No 715/2009 to be applied by all transmission system operators for gas.(2)In order to encourage and facilitate efficient gas trading and transmission across gas transmission systems within the Union, and thereby to move towards greater internal market integration, a network code on interoperability and data exchange rules as referred to in Article 8(6)(e) and (d) of Regulation (EC) No 715/2009 should be established, on the basis of a draft developed by Entsog and recommended by the Agency and in accordance with the procedure set out in Article 6 of Regulation (EC) No 715/2009.(3)The lack of harmonisation in technical, operational and communication areas could create barriers to the free flow of gas in the Union, thus hampering market integration. Union interoperability and data exchange rules should allow the necessary harmonisation in those areas, therefore leading to effective market integration. For that purpose and for facilitating commercial and operational cooperation between adjacent transmission system operators, this Regulation should address interconnection agreements, units, gas quality, odourisation and data exchange. It should provide rules and procedures to reach an appropriate level of harmonisation towards efficient gas trading and transport across gas transmission systems in the Union.(4)Adjacent transmission system operators should reinforce transparency as well as cooperation between them where differences in gas quality and odourisation practices at either side of an interconnection point might create an obstacle to gas market integration. The obligations provided for in this Regulation with particular regard to gas quality and odourisation are without prejudice to the competences of Member States.(5)The provisions of this Regulation relating to gas quality should provide effective solutions without prejudice to the adoption of a European-wide standard for high-calorific gas as is being developed by CEN pursuant to the standardisation process under mandate M/400.(6)The interoperability rules fixed in Articles 13, 17 and 18 aim at ensuring market integration as prescribed by Article 8(7) of the Regulation (EC) No 715/2009 and have a broader scope of application than solely interconnection points.(7)Article 13 of this Regulation does not affect the units or reference conditions used by Member States for the purposes of Article 1(2) of Directive 2009/142/EC of the European Parliament and of the CouncilDirective 2009/142/EC of the European Parliament and of the Council of 30 November 2009 relating to appliances burning gaseous fuels (OJ L 330, 16.12.2009, p. 10).. The concerned parties may use the conversion table in the Annex in line with EN ISO 13443 "Natural Gas — Standard reference conditions".(8)Chapter V of this Regulation should ensure the appropriate degree of harmonisation of data exchange for supporting the completion and functioning of the European internal gas market, security of supply and appropriate and secure access to information, facilitating cross-border transmission activities.(9)The measures provided for in this Regulation are in accordance with the opinion of the Committee established pursuant to Article 51 of Directive 2009/73/EC of the European Parliament and of the CouncilDirective 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas (OJ L 211, 14.8.2009, p. 94)..(10)In accordance with Article 8(8) and (9) of Regulation (EC) No 715/2009 Entsog should monitor and analyse the implementation of this Regulation and report its findings to the Agency in order to allow the Agency to fulfil its tasks under Article 9(1) of Regulation (EC) No 715/2009,HAS ADOPTED THIS REGULATION: