II.4.53.
A gas production facility with a production capacity higher than 20 MW is owned by different shareholders. Each of the shareholders holds a net capacity of less than 20 MW, based on their individual share interests. Each partner in the facility has individual gas sale agreements with third parties. Are these contracts reportable at the request of the Agency pursuant to Article 4(1)(c) of Commission Implementing Regulation (EU) No 1348/2014?
Answer: Please note that Article 4(1)(c) of Commission Implementing Regulation (EU) No 1348/2014 applies to contracts for the physical delivery of natural gas produced by a single natural gas production facility with a production capacity equal to or less than 20 MW, unless concluded on organised market places. In case of a power plant, the threshold set out in Article 4(1)(b) of Commission Implementing Regulation (EU) No 1348/2014 applies. Therefore, if the production capacity of a single natural gas production facility is above 20 MW, the contracts for the physical delivery of natural gas produced by this single production unit have to be reported on a continuous basis, as specified in Article 3 of Commission Implementing Regulation (EU) No 1348/2014. It follows that for compliance with the data reporting obligation, the total production capacity of a facility/unit is relevant, regardless of whether or not the share of each shareholder, individually seen, is below the threshold set out in Article 4(1) of Commission Implementing Regulation (EU) No 1348/2014.
However, if the production capacity of a single natural gas production facility is equal to or below 20MW, unless concluded on organised market places, the contracts for the physical delivery of natural gas produced by this single production facility are reportable only upon reasoned request of ACER and on an ad hoc basis.
In addition, please be informed that ACER provided a time-limited no-action relief from the requirement to report contracts and details of transactions in relation to the contracts listed in Article 4(1) of Commission Implementing Regulation (EU) No 1348/2014 upon reasoned request of ACER in the ACER Annual Work programme. The document is available at Work programme (europa eu).