Contractual changes of the original capacity contract in case of application of CMP measures (e.g. ‘successful surrender’; ‘successful reallocation of capacity in case of withdraw’ (=LT UIOLI); ‘secondary sale’)
The TSOs shall submit the contractual changes of the original contract acc. to Art. 7 Para 5 Implementing Regulation (EU) No 1348/2014.
Example: Shipper A holds a capacity contract of 100 amount of capacity. Shipper A sells 40 to Shipper B on the secondary market (full sale, no sublet of use). OMP (in case of OTC TSO) will report: Shipper A sold 40 to shipper B, price XYZ. TSO reports to ACER: contractual change of the original contract: Shipper A contracted amount is now 60. ACER will not know the reason for the modification of the contract (why the quantity amount was changed), which could be due to:
- the shipper surrendered 40 to the TSO;
- the TSO withdrawn 40 from the Shipper because he systematically did not use the capacity (LT UIOLI);
- the Shipper sold the capacity at the secondary market?
Does ACER need to know the reason for the modification of contract (changed quantity amount) when the contractual change is reported?
In case that ACER needs to know the reason for a contractual change is it possible this reason to be specified and reported through the current Gas Capacity Allocation schema. If yes – which elements and codes shall be used for this purpose?
Which codes shall be used for reporting of capacity change due to surrender and LT UIOLI mechanisms, secondary market transactions etc?
In case that the current Gas Capacity Allocation schema does not allow to specify the reason for a contract modification, does ACER intend to request a change of EASEEgas Gas Capacity Allocation schema?
The Agency currently does not plan to add such an additional field to the schema.
The changes should be visible since the modifications need to be reported and the capacity right identification remains the same.