Question 4.2.7

Reference to Article 7(5) of the Implementing Acts in case of transformations of the contract

Examples for transformations of the contract:

• The contractual nature of a capacity contract can change. For instance, it is possible to convert interruptible capacity into firm capacity.
• Transformation of capacity from interruptible to firm.

According to Article 7(5) of the Implementing Acts, details of contracts referred to in Article 3(1)(b)(i) of the Implementing Acts shall be reported as soon as possible but no later than on the working day following the availability of the allocation results. Any modification or the termination of the concluded contracts shall be reported as soon as possible but no later than on the working day following the modification or termination.

How to understand the provisions of Article 7(5) of the Implementing Acts in case of transformation of the contract – as a new or as a modified contract?

Should the case of capacity conversion from interruptible to firm be reported as contract modification?

Answer

It is the Agency’s current understanding that the TSOs will have to report the transformation of a contract as modification of contracts to the Agency since there is a change of the main contractual aspect (product quality). The transformation of a contract shall be reported with 66G 66G = Changed (please refer to TRUM field (14) Action type for details)

Other fields have to be updated accordingly.