3.4. (2) Products and relevant registration, acceptation times on the secondary capacity market
“Transmission system operators shall publish harmonised conditions under which capacity transactions (e.g. transfers and assignments) will be accepted by them. These conditions must at least include:
- a) A description of standardised products which can be sold on the secondary
(b) Lead time for the implementation/acceptation/registration of secondary trades. In case of delays the reasons have to be published
(c) The notification to the transmission system operator by the seller or the third party as referred to under 3.4 (1) about name of seller and buyer and capacity specifications as outlined in 3.4 (1).
In so far such information is provided by a third party, transmission system operators shall be exempted from this provision.”
Secondary (bilateral) capacity trading outside the Balancing Platform (hereinafter as: EP):
The system user with booked capacity may resell its booked capacities – long-term, monthly, daily, annual, seasonal, firm, interruptible, backhaul - in whole or in part to another system user, maintaining the same rights and obligations.
The secondary sale of capacities is allowed during the contractual term of the primary capacity booking and natural gas transmission contracts.
In the event that the owner of the original gas capacity has already nominated the capacity to be delivered for the given gas day, the transmission system operator shall reject the bilateral capacity transaction.
The original system user shall continue to pay all capacity booking fees to the transmission system operator in accordance with the primary capacity-booking and natural gas transmission contract.
The system users with primary capacity booking may report their requests for secondary capacity sale and the key parameters thereof, through the Informatical platform of the transmission system operator, until 22:00 hours on the day preceding the gas day.
The key parameters of the request for capacity sale are the following:
- the system user client code of the seller;
ii. the system user client code of the capacity buyer;
iii. the amount of the sold capacity;
iv. the type of the sold capacity (interruptible/non-interruptible);
v. the term of the sold capacity;
vi. the date when the sale enters into force.
The capacities resold within the framework of secondary sale shall only be validated once they are confirmed by the other party participating in the secondary sale through the transmission system operator r’s Informatical Platform. The system user that booked the primary gas transmission capacity shall dispose of the entire primarily booked capacity – including the possibility to sell the capacity via the EP – until the resold capacity is confirmed through the Informatical Platform.
The transmission system operator shall monitor the exceeding of the gas transmission system capacity limit, taking into consideration the secondary capacity sales, as well. As such, with respect to the available capacities for the given network point and system user, the capacities received by the user from another system user within the framework of secondary capacity trade shall be considered as an increasing factor, while the capacities transferred by it to another system user shall be considered as a decreasing factor. The capacities received and transferred are to be considered based on the available database of the gas transmission Informatical Platform.
Secondary capacity trade via the EP:
On the daily market, the right to use the transmission capacity of the interconnected natural gas system can be contracted. In accordance with the rules of the Daily Gas and Capacity Trading Market („NFKP”), the right to use non-interruptible, interruptible and backhaul capacities may be offered for sale or be requested for purchase on the daily market.
The right of capacity use transferred under the concluded contract shall ensure the buyer an even amount of gas throughout the 24 hours of the given gas day (in case of spring clock adjustment: 23 hours, and in the case of autumn clock adjustment: 25 hours).
With respect to the transactions concluded for the right of capacity use, in the case of daily capacity the buyer shall be entitled to the right of use for the entire gas day, while in the case of hourly capacity it shall be entitled to the amount corresponding to the quotient (rounded upward) of the daily capacity and the hours of the gas day.
A transaction concluded on the daily market with respect to the right of capacity use shall not concern the payment obligation of the primary owner of the capacity regarding the fee of capacity usage; all other rights and obligations related to the use of the capacity involved in the transaction, especially the payment obligations arising toward the supplier, shall fall upon the buyer.
Firm capacity: in the event of sale of the right of capacity use, first the annual, then in order: the seasonal, monthly and daily booked capacities of the seller’s capacity portfolio shall be transferred, until the total amount sold is transferred.
Interruptible capacity: in the event of sale of the right of capacity use, first the daily, then in order: the monthly, seasonal and annual booked capacities of the seller’s capacity portfolio shall be transferred, until the total amount sold is transferred.
Backhaul capacity: in the event of sale of the right of capacity use, first the annual, then in order: the monthly and daily capacities of the seller’s capacity portfolio shall be transferred, until the total amount sold reaches the daily capacity amount specified in the transaction.