III.4.7.

In some Member States, there are no nominations required for gas deliveries to national exit points. This means allocation is based on metering data. In this case: 1) Does the TSO have the obligation to report to ACER primary allocation? If so, which data should be reported? 2) Does the TSO have the obligation to report to ACER day-ahead nominations and final re-nominations of booked capacities? If so, which data should be reported?

Answer: According to Article 3(1)(b)(i) of the Commission Implementing Regulation (EU) No 1348/2014, contracts relating to the transportation of electricity or natural gas in the Union between two or more locations or bidding zones concluded as a result of a primary explicit capacity allocation by or on behalf of the TSO, specifying physical or financial capacity rights or obligation, have to be reported to ACER on a continuous basis. It is ACER’s understanding that in Member States where there are no nominations for gas deliveries to national exit points, the capacity is allocated implicitly via the conclusion of supply contracts. In such a case, given the absence of an explicit allocation, the obligation to report the primary allocation does not apply.

With regard to the obligation to report day-ahead nominations and final re-nominations of booked capacities as set out in the fundamental data reporting, ACER considers that the gas TSO can fulfil the obligation set in Article 9(2) of the Commission Implementing Regulation (EU) No 1348/2014 by reporting day-ahead nomination and final re-nomination based on metering data.