The following cases result from the application of Congestion Management Procedures (CMP) according to No. 2.2. of Annex I of Regulation (EC) No 715/2009.
- Surrender of capacity;
- Re-surrender of capacity;
- Withdrawal of capacity rights (LT UIOLI);
- Transactions relating to overbooking and/or buyback of capacities;
- Day-ahead UIOLI (renomination restrictions).
Which of the following transactions need to be reported as primary transactions and should the following cases be considered as contractual modifications to be reported acc. to Art. 7 Para 5 sentence 2 of the REMIT Implementing Acts:
a) Surrender of capacity (Application of No 2.2.4 Annex I Regulation (EC) No 715/2009)?
b) Re-surrender of capacity (Surrendered capacity handed back to the shipper, because the TSO was not able to reallocate it to a new customer)?
c) Withdrawal of capacity rights (Application of Long Term Use-it-or-loose-it mechanism acc. to No. 2.2.5 Annex I Regulation (EC) No 715/2009)?
d) Transactions relating to overbooking and/or buyback of capacities (According to No. 2.2.3. Annex I Regulation (EC) No 715/2009):
Shall the TSOs report transactions for Buyback of capacity (In case of over-demand the TSO buys back the primary capacity itself)?
Shall the TSOs report transactions for Buyback of rights to nominate (In case of overdemand the TSO buys back the right to nominate (in main or reverse flow direction) but the capacity contract in this case still remains with the shipper)?
e) Day-ahead UIOLI – renomination restrictions – Shall the TSOs report the renomination restrictions?
According to the Agency’s current understanding, the following applies:
a) Successful surrender of capacity shall be reported as contract modification, insofar as capacity is reallocated to a new customer and therefore remains with the new customer and the original contract is adjusted accordingly.
The relevant information shall be reported only in case of successful surrender.
b) Transactions in case of re-surrender of capacity shall not be reported, because in this case the capacity could not be reallocated and remains with the original customer.
c) Withdrawal of capacity rights shall not be reported as contract modification, since the information on the reallocation of capacity is provided to ACER through the reporting of nominations via fundamental data reporting.
The relevant information shall be reported only in case of successful application of LT UIOLI procedure.
d) The Agency understands that since the TSO is buying back primary capacity this transaction will be reported by the TSO as modification of the primary transportation capacity allocation. In case the buy-back procedure is handled via the OMP according to Article 6(1) of the REMIT Implementing Regulation
e) The Day-ahead UIOLI transactions shall not be reported because the renomination restrictions are initially included in the contracts, which means that if applied, this cannot be considered as contract modification.