Obsah (9)
Art. 36Article 16Article 9Article 4Article 18Article 14Article 13Article 22Article 23Έγκριση τροποποίησης του Κώδικα Διαχείρισης του αγωγού Interconnector Greece-Bulgaria Pipeline (IGB) σύμφωνα με την κοινή Απόφαση των Ρυθμιστικών Αρχών Ελλάδας και Βουλγαρίας signed by Ministry Minist
Art. 36
of the Directive 2009/73/EC of the European parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC (Directive 2009/73/EC) for the Interconnector Greece-Bulgaria”, as foreseen by Article 36 of the Gas Directive 2009/73/EC. Consequently, two supplementary documents have been submitted to the Authorities: “Integration of the assessment of the criteria for grant of exemption after performance of the Market Test (art. 36.6)” in October 2017, following request for additional information by the National Regulatory Authorities, and “2nd Integration of the assessment of the criteria for grant of exemption after performance of the Market Test (art. 36.6)” in April
- On May 29th 2018, EWRC and RAE (hereinafter, the “Authorities”) decided on the exemption of the IGB pipeline from the requirements regarding third party access, tariff regulation and ownership unbundling for a period of 25 years, adopting the common document “Joint Opinion of the Energy Regulators on the Exemption Application of ICGB AD”, with their decisions Nº R-VO-1 of 29.05.2018 and 483/2018, respectively. Both decisions were notified to the European Commission.
- On July 25th 2018, the Commission adopted its decision [C
(2018)5058 (final)] on the exemption (hereinafter the “Commission Decision”) . 4. On August 8th 2018, the Authorities took the final decision on the exemption, adopting the «Final Joint Decision of the Energy Regulators on the Exemption Application of ICGB AD Energy and Water Regulatory Commission (Bulgaria) and Regulatory Authority for Energy (Greece)» (hereinafter, the “Final Joint Decision”), a document jointly drafted by the Authorities, which amended the Joint Opinion to comply with the Commission Decision (Decisions Nº P-BO-2 of 08.08.2018 г. of EWRC and 768/2018 of RAE). 5. The Final Joint Decision has been amended three times: i. Decision No. P-BO-1 of 20.03.2020 of EWRC and Decision No. 568 of 12.03.2020 of RAE, which extended the Commercial Operation Date (COD) from 1 July 2020 to 31 December 2020 (target COD) and no later than 1 July 2021. ii. Decision No. P-BO-1 of 20.05.2021 of EWRC and Decision No. 424 of 13.05.2021 of RAE, which extended the COD to 1 July 2022. iii. Decision No. P-BO-3 of 30 09.2022 of EWRC and Decision No. 742 of 29.09.2022 of RAE, which extended the COD to 1 October 2022. 6. With the Final Joint Decision, an exemption from the provisions of Articles: (
- i)9 (Unbundling), (
- ii)32 (Third-Party Access) for the part of the Minimum Capacity that has been booked through the Market Test and for which Advanced Reservation Capacity Agreements -2- ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 have been signed, and (iii) 41.6, 41.8, 41.10 (Regulated Tariffs) of Directive 2009/73/EC has been granted to ICGB AD for a period of 25 years starting from the Commercial Operation Date (COD), under the conditions imposed in Part 4 of the Final Joint Decision. 7. Pursuant to article 4.4 point 1 of the Final Joint Decision, ICGB AD is obliged, not later than 12 months before the Commercial Operation Date, to submit for approval to the Authorities an IGB Network Code which shall comply with all the provisions of Regulation (EC) No 715/2009 of the European parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005 (Regulation (EC) No 715/2009) and the European Network Codes pursuant to its Article 8
(6)that are not in conflict with the Final Joint Decision and which shall include, at least, the following: • Detailed procedures of normal operation, including nomination of capacity at IGB entry and exit points for forward and reverse flow; • All necessary procedures for the secondary trading, which will be available to all shippers; • Congestion management procedures and the use-it-or-lose-it arrangements; • Data publication procedures on the functionality and availability of capacity for all pipeline users. Also. pursuant to article 4.3 point 1 of the Final Joint Decision, ICGB AD is obliged, not later than 3 months from the adoption of the decision, to submit for approval to the Authorities the final methodology (IGB Tariff Code) for the implementation of the IGB Tariff.
- On 5.11.2018, ICGB AD submitted to the Authorities for approval a proposal for the IGB Tariff Code (ICGB letter with ref. no XI-01/05.11.2018).
- On 19.02.2019, ICGB AD submitted to the Authorities for approval a proposal for the IGB Network Code, with the letter entitled “Submission of IGB Network Code, pursuant to the Final Joint Decision on the Exemption Application of ICGB AD issued on 8th of August 2018” (ref. no II-09/19.02.2019), with the final submission taking place on 03.10.
- By Decision No. K-1 of 08.10.2019 by EWRC and 918 of 09.10.2019 of RAE, the Authorities approved the IGB Network Code (INC). INC contained the IGB Tariff Code and the Gas Transportation Agreement as annexes. In their common Decision, the Authorities urged ICGB to “review and simplify the procedure for capacity booking, avoiding unnecessary paperwork by adopting a framework contract in which distinct capacity bookings may be incorporated”.
- By letter Outgoing No. VI-01 of 01.06.2022 (Entry No. Е-15-59-1002 of 03.06.2022 of EWRC and I-329244 of 03.06.2022 of RAE) and then VIII-27/24.08.2022 (Е-15-59-1005 of 25.08.2022 of EWRC and I-334443/25.08.2022 of RAE) submitted for approval the INC, along with it Annexes. More specifically, the following documents were submitted: a. IGB Network Code b. IGB Tariff Code c. Gas Transportation Agreement for Exempted Users -3- ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 d. Amendment to the Gas Transportation Agreement for Exempted Users e. Gas Transportation Agreement for Non-Exempted Users f. Virtual Trading Point (VTP) Agreement.
- The INC was set under public consultation by both Regulators during the period September 12th to September 28th,
- Comments were received from five companies (DEPA, PPC, Bulgartransgaz, Bulkan Gas Hub, GASTRADE and Bulgargaz, which were carefully considered by the Authorities and sent to ICGB S.A. for their response. Several of these comments have been accepted and the relevant changes were incorporated in the final proposal submitted by ICGB AD (Outgoing No. IX-103 of 27.09.2022).
- The main changes introduced are the following: - The procedure for capacity booking has been simplified. - According to the initial version of the INC, Network User is the person that had signed a GTA with ICGB. With this amendment, the definition has been extended to any Registered Party, for the purpose either to sign a GTA or to access the Virtual Trading Point (VTP). Therefore, access to the VTP is now free also to “paper traders”, i.e. those that have not booked capacity at IGB. To regulate the access of a Registered Party to the VTP, a new VTP Agreement has been introduced as Annex D of the INC. Moreover, a VTP Minimum Credit Limit is introduced, which is the minimum amount of the Network User Credit Support applicable for the purpose of the Network User´s trading volumes of Gas (buy and sell) at the VTP (described in Article 29.3.6 of INC). - Within-day capacity products are not offered. The Authorities recognize that, at least in the first years of operation, entry capacity can only be allocated at the Interconnection Point with Trans Adriatic pipeline (TAP), which is also temporarily waived from the obligation to offer within-day capacity products. - Provisions for allowing Distribution and/and Other System(s) to be connected as Exit Points with the ICGB´s Facilities. To this end, several provisions throughout the INC have been amended. Moreover, provisions regarding Capacity Overrun, in case Network User's total Allocated Quantities at these points exceed its total Reserved Capacity or total Booked Capacity for a given Gas Day, have been included. - The provisions regarding the Termination of the Gas Transportation Agreement (GTA) have been elaborated. - The Guarantee scheme for the non-exempted users has been elaborated to take into consideration the different and rolling capacity booking that may take place, the access to the VTP as well as Capacity Overrun. - The GTA prototype included as Annex C in the original INC contained provisional clauses for exempted and non-exempted users. In the submitted proposal, different GTAs for each category are provided. According to the Authorities’ careful assessment, the GTAs do not differ in principle and do not introduce any discrimination between the exempted and non-4- ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 exempted users, but have been adjusted according to the specific needs. Indicatively, the exempted users a) base their GTA on the capacity booked through the signed ARCAs, b) have booked only annual capacity, c) do not incur overrun charges since exempted capacity is only relevant at the Exit Point of Stara Zagora, while the non-exempted users book capacity of various durations through the auction platforms. Moreover, a Supplementary GTA for exempted users has been added to align amendments in terminology and definitions of the amended INC, since several non-exempted users have already signed GTAs.
- The Authorities conclude that the above-mentioned amendments improve the regulatory framework of the IGB pipeline and that the IGB Network Code and IGB Tariff Code are: a.
the Final Joint Decision, especially the terms and conditions set forth in sections 4.2, 4.3 and 4.4 thereof. b.
Regulation (EC) 715/2009, applying the principles of capacity allocation and congestion management foreseen. More specifically, surrender, Long-Term Day-Ahead Use-It-Or-Lose-It (LT-UIOLI) and Firm Day-Ahead Use-It-Or-Lose-It (FDA-UIOLI) procedures are in place, as well as rules for secondary trading. c.
Commission Regulation (EU) 2017/459 of 16 March 2017 establishing a network code on capacity allocation mechanisms in gas transmission systems and repealing Regulation (EU) No 984/2013 for the non-exempted capacity. That is, at the Interconnection Points with the systems operated by DESFA, TAP and Bulgartransgaz, the non-exempted part of the capacity will be auctioned according to the ENTSOG calendar with the foreseen auction algorithms, with all products offered and 10% of the capacity reserved for short-term products. d.
Commission Regulation (EU) No 312/2014 of 26 March 2014 establishing a Network Code on Gas Balancing of Transmission Networks, a VTP is foreseen to which all users have access. The balancing and information rules and neutrality arrangements are in place. e.
Commission Regulation (EU) 2015/703 of 30 April 2015 establishing a network code on interoperability and data exchange rules, the required provisions for maintenance planning, cooperation and coordination with the adjacent TSOs are included. 15. Furthermore, the Authorities believe that the IGB Network and Tariff Codes introduces no discrimination between Users and foresee the provision of services on an equal treatment basis, without prejudice to the exemption as decided in the Final Joint Decision. Based on the above, the Authorities jointly 1. Approve, to the extent of their capacity, the “IGB Network Code”, including the “IGB Tariff Code”, the “Gas Transportation Agreement” and the “Virtua; Trading Point Agreement” as annexes, as proposed by ICGB AD and attached hereto as APPENDIX. -5- ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 2. The Authorities strongly encourage ICGB AD to: i.review the congestion management procedures after one year of operation, when enough operational data will be available for their evaluation. ii.review the offer of within-day capacity products, when they become available upstream. iii.review the balancing procedures. APPENDIX -6- ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 September 2022 IGB NETWORK CODE ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 TABLE OF CONTENTS 1. IGB NETWORK CODE ............................................................................................................ 1 1.1 Scope and Background ................................................................................................. 1 1.2 Governing Law ............................................................................................................. 1 2. DEFINITIONS ........................................................................................................................... 2 3. REGULATORY FRAMEWORK ........................................................................................... 18 4. 5. 6. 7. 8. 9. 3.1 The European regulatory framework .......................................................................... 18 3.2 Cross-border and exempted context............................................................................ 18 INFORMATION PUBLICATION AND DATA EXCHANGE ............................................. 20 4.1 Publication by the ICGB ............................................................................................. 20 4.2 IGB Digital Support .................................................................................................... 20 IGB PIPELINE DESCRIPTION ............................................................................................. 22 5.1 Interconnections with TSOs........................................................................................ 22 5.2 Interconnection Points, Entry Points and Exit Points ................................................. 22 5.3 Technical characteristics ............................................................................................. 23 EXEMPTED CAPACITY, RESERVED CAPACITY, BOOKED CAPACITY .................... 24 6.1 Exempted Capacity ..................................................................................................... 24 6.2 INC obligations in relation to the Exempted Capacity ............................................... 24 6.3 Exempted Capacity from COD for a period of 25 years............................................. 24 6.4 Reserved Capacity ...................................................................................................... 24 6.5 Booked Capacity ......................................................................................................... 25 CAPACITY PRODUCTS OFFERED AND RELATED SERVICE ....................................... 26 7.1 Firm Forward Flow ..................................................................................................... 26 7.2 Firm Reverse Flow...................................................................................................... 26 7.3 Interruptible Forward Flow ......................................................................................... 27 7.4 Interruptible Reverse Flow ......................................................................................... 27 7.5 Entry Point Specification ............................................................................................ 27 7.6 Services provided by the ICGB .................................................................................. 27 INTERRUPTIONS ................................................................................................................. 30 8.1 Interruptions in provision of the Transmission Services ............................................ 30 8.2 Interruption procedure ................................................................................................ 31 REGISTERED PARTIES ........................................................................................................ 32 9.1 Access to the services by the ICGB ............................................................................ 32 9.2 Minimum requirements .............................................................................................. 32 9.3 Acceptance of a Registered Party ............................................................................... 33 9.4 Material Change in Registered Party`s Circumstances ............................................... 33 1 ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 September 2022 9.5 10. 11. 12. IGB BOOKING PROCEDURE .............................................................................................. 35 10.1 Dominant players’ booking limitations according to the Exemption Decision .......... 35 10.2 Available Capacity to be booked ................................................................................ 35 10.3 Booking Procedure ..................................................................................................... 36 10.4 Virtual Trading Point .................................................................................................. 38 10.5 Change of Natural Gas supplier .................................................................................. 39 NETWORK USER’S AWARD ............................................................................................... 41 11.1 Types of algorithms .................................................................................................... 41 11.2 Ascending clock auction algorithm (ACAA).............................................................. 41 11.3 Uniform-price auction algorithm (UPAA).................................................................. 41 CONTRACTUAL ARRANGEMENTS .................................................................................. 42 12.1 13. 14. 15. 16. Cancellation of Registration ....................................................................................... 34 Types of contractual arrangements ............................................................................. 42 NOMINATION AND MATCHING PROCESS ..................................................................... 43 13.1 Network User’s obligations ........................................................................................ 43 13.2 Daily Nomination ....................................................................................................... 43 13.3 Matching Process ........................................................................................................ 44 13.4 Re-nomination ............................................................................................................ 45 13.5 Content of the Network User’s Daily Nomination and Re-nomination...................... 45 13.6 Rejection of the Network User’s Daily Nomination and Re-nominations ................. 45 CONGESTION MANAGEMENT PROCEDURES ............................................................... 47 14.1 General ........................................................................................................................ 47 14.2 Capacity surrender ...................................................................................................... 47 14.3 Secondary market – capacity trading .......................................................................... 48 14.4 Long Term Use-It-Or-Lose-It (LT-UIOLI) provisions ............................................... 52 14.5 Firm Day-Ahead Use-It-Or-Lose-It (FDA-UIOLI) mechanism ................................. 56 VARIABLE COSTS ................................................................................................................ 58 15.1 General ........................................................................................................................ 58 15.2 Compressor Station characteristics and cost charge ................................................... 58 15.3 ICGB’s notice for Fuel Gas ........................................................................................ 58 15.4 ICGB’s notice for Electrical Consumption ................................................................. 58 15.5 ICGB’s compensation for Line-pack Gas, Unaccounted Gas and Gas Losses make-up .................................................................................................................................... 58 BALANCING .......................................................................................................................... 60 16.1 Balancing according to NC BAL ................................................................................ 60 16.2 Operational balancing according to NC BAL ............................................................. 60 16.3 IGB Pipeline balance .................................................................................................. 60 2 ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 September 2022 17. 18. 19. 20. 21. 22. 23. 16.4 Network User balance and imbalance equation .......................................................... 60 16.5 Neutrality Arrangements............................................................................................. 62 16.6 Provisional Network User allocation and Final Allocation ........................................ 63 16.7 Measurement unavailability ........................................................................................ 64 16.8 Final Allocation .......................................................................................................... 65 ALLOCATION ........................................................................................................................ 67 17.1 Commingling .............................................................................................................. 67 17.2 Allocation Principles................................................................................................... 67 17.3 Allocation at Virtual Trading Point ............................................................................ 67 17.4 Allocation at the Exit Point(
- s)to the Distribution and/or Other System(
- s)................ 67 TAXES AND DUTIES ............................................................................................................ 69 18.1 Network User's liability for Taxes .............................................................................. 69 18.2 Custom duties ............................................................................................................. 69 MONTHLY FEE .................................................................................................................... 69 19.1 General ........................................................................................................................ 69 19.2 Network User's obligations ......................................................................................... 69 19.3 Failure by the ICGB .................................................................................................... 70 TRANSMISSION TARIFFS ................................................................................................... 71 20.1 Transmission Tariff formulae ..................................................................................... 71 20.2 Exempted Transmission Tariff and Reserve Price ...................................................... 71 20.3 Transmission Tariff revision conditions ..................................................................... 71 INVOICING AND PAYMENT .............................................................................................. 72 21.1 Invoicing ..................................................................................................................... 72 21.2 Payment ...................................................................................................................... 72 21.3 Disputed Amounts ...................................................................................................... 73 21.4 Deductions .................................................................................................................. 73 QUALITY AND OFF-SPECIFICATION GAS ...................................................................... 76 22.1 General ........................................................................................................................ 76 22.2 Gas Pressure at the Entry Point(
- s)and the Exit Point(s)............................................. 76 22.3 Reference Conditions for Gas quality parameters and specifications ......................... 77 22.4 Gas quality parameters................................................................................................ 77 22.5 Entry Point Specification ............................................................................................ 78 22.6 Off-Specification Entry Gas ....................................................................................... 78 22.7 Off-Specification Exit Gas.......................................................................................... 79 METERING AND MEASUREMENT .................................................................................... 80 23.1 General ........................................................................................................................ 80 3 ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 September 2022 24. 25. 26. 27. 28. 29. 23.2 Metering Stations ........................................................................................................ 80 23.3 General Measurement Provisions ............................................................................... 81 23.4 Defining Parameters and Measurement Data.............................................................. 82 LIMITATION OF LIABILITY ............................................................................................... 85 24.1 Limitation of Liability ................................................................................................ 85 24.2 Limitation of liability exclusions ................................................................................ 85 24.3 Network User’s liabilities ........................................................................................... 86 24.4 The ICGB’s liabilities ................................................................................................. 86 24.5 Amount of damages .................................................................................................... 87 24.6 Mitigation measures .................................................................................................... 87 24.7 Sole remedy ................................................................................................................ 87 TERMINATION ...................................................................................................................... 88 25.1 The ICGB’s Termination ............................................................................................ 88 25.2 Network User’s Termination ...................................................................................... 88 25.3 Failure to Transfer the Contract Quantity to the ICGB .............................................. 89 25.4 Proposed termination date notice ................................................................................ 89 25.5 Right of suspension ..................................................................................................... 90 25.6 Amounts Due .............................................................................................................. 90 25.7 Effect of Termination.................................................................................................. 90 TITLE, RISK AND INSURANCE .......................................................................................... 92 26.1 Title, Risk and Insurance ............................................................................................ 92 26.2 Network User’s warranties in relation to Gas ............................................................. 92 26.3 Network User’s insurance and ICGB´s insurance ...................................................... 92 WARRANTIES AND COVENANTS .................................................................................... 93 27.1 The ICGB’s warranties ............................................................................................... 93 27.2 ICGB´s covenants ....................................................................................................... 94 27.3 Network User’s warranties ......................................................................................... 95 27.4 Network User’s covenants .......................................................................................... 95 27.5 Mutual warranties ....................................................................................................... 96 27.6 Mutual covenants ........................................................................................................ 96 SANCTIONS ........................................................................................................................... 98 28.1 Sanctions ..................................................................................................................... 98 28.2 Obligations .................................................................................................................. 98 NETWORK USER CREDIT SUPPORT ................................................................................ 99 29.1 Network User Credit Support – Exempted Network Users ........................................ 99 29.2 Bank Guarantee – Exempted Network Users ............................................................. 99 4 ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 September 2022 29.3 30. 31. 32. Network User Credit Support – Non-Exempted Network Users .............................. 100 FORCE MAJEURE EVENT ................................................................................................. 106 30.1 Force Majeure Event definition ................................................................................ 106 30.2 Limitation of Force Majeure Event........................................................................... 106 30.3 Limitation on obligation relief .................................................................................. 106 30.4 Notification and Force Majeure Event estimation .................................................... 107 30.5 GTA Termination due to a Force Majeure Event ..................................................... 107 30.6 Ancillary Contract Termination due to a Force Majeure Event ................................ 108 30.7 Amounts Due ............................................................................................................ 108 EMERGENCY ...................................................................................................................... 109 31.1 Emergency Procedure ............................................................................................... 109 31.2 Suspension of the Transmission Services in case of Emergency .............................. 109 31.3 Suspension of the VTP access and use in case of Emergency .................................. 109 CHANGE IN LAW................................................................................................................ 110 32.1 Change in Law Notice .............................................................................................. 110 32.2 Adjustments to this INC, the GTA or the Ancillary Contract .................................. 110 ANNEX A - TRANSMISSION TARIFF CODE ............................................................................... 111 ANNEX B - BOOKING LIMITATION ACCORDING TO EXEMPTION DECISION .................. 112 ANNEX C – GAS TRANSPORTATION AGREEMENT ................................................................. 114 ANNEX D - VTP AGREEMENT………………………………………………………………...….115 5 ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 1. IGB NETWORK CODE 1.1 Scope and Background This document and its Annexes constitute the IGB Network Code (INC) of the Natural Gas transportation facilities of the IGB Pipeline and is the “IGB Network Code” referred to in section 4.4.1 of the Exemption Decision. The relevant definitions thereto are contained in Article 2. These INC provisions include the set of rights and obligations of the ICGB, the Network Users and the Registered Parties in relation to the Transmission Services on the IGB Pipeline and the access to and use of the VTP. This INC forms an integral part of a Gas Transportation Agreement and a VTP Agreement. Without limiting generality of Article 1.1.2, each Registered Party as well as each Network User is subject to the provisions of the INC applicable to it. This INC has been assessed against the provisions of (
- i)the Exemption Decision and (
- ii)any existing co-operation agreements related to interconnection and interoperability executed between the ICGB and Adjacent TSOs. This INC has been approved by the National Regulatory Authorities.
the Exemption Decision, this INC shall continue in force, as amended from time to time, for twenty-five
(25)Years from the Commercial Operation Date. This INC may be further revised from time to time when: (
- a)there is a change in the Applicable Law which affects the procedures in this INC or requires a modification of this INC for ICGB to comply with its obligations under this INC; (
- b)an update is requested by the National Regulatory Authorities of Bulgaria and Greece; (
- c)ICGB determines, acting as a Reasonable and Prudent Operator, it being necessary or desirable to update or modify this INC in order to facilitate and/or optimize the provision of the Transmission Services and/or the access to and use of the VTP. 1.2 Governing Law Governing Law This INC (including the arbitration agreement contained herein) and any noncontractual obligations arising out of or in connection with it shall be exclusively governed by and construed
the laws of England and Wales, excluding any rules or principles (such as rules on conflicts of laws), that would require application of the laws of another jurisdiction to this INC or any matter arising under it. For the avoidance of doubt, mandatory provisions of the relevant Applicable Law shall prevail. Disputes If a Dispute arises, the Parties agree that management from each Party (with due regard to conflicts of interest impacting individual members of such management) shall meet and negotiate in good faith to seek a resolution to such Dispute. If negotiations do not resolve the Dispute: 1 ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 September 2022 (a) with respect to matters to be determined by the Expert, within two
(2)Months of the date of submission of a notice of a Disputed Amount; or (b) with respect to any other Dispute, within thirty
(30)Days of the date that a Party gave written notice to the other Party of such Dispute, then either Party may submit such Dispute to arbitration pursuant to Article 1.2.3. Arbitration Any Dispute which is not resolved by good faith negotiations pursuant to Article 1.2.2 shall be referred to and finally settled under the Rules of Arbitration of the International Chamber of Commerce, by three
(3)arbitrators appointed in accordance therewith. Dispute Language The language to be used in any arbitral proceedings shall be English. Judicial seat for Disputes The juridical seat of any arbitration shall be Vienna, Austria. Provisions of the arbitration duration The provisions of this INC relating to arbitration shall continue in force three
(3)Years after its termination or, as it may be, the termination of the GTA this INC is an integral part of. 2. DEFINITIONS Unless the context suggests otherwise, the defined terms set out below shall have the corresponding meaning in this INC: ACAA Clearing Price means,
article 11.2 of NC CAM (Ascending clock auction algorithm), the price announced for the last bidding round in which an auction closes, except where the aggregate demand across all Users is greater than the Available Capacity offered in a bidding round with a price equal to that which led to the first-time undersell, in which case it shall be the price that led to the first-time undersell. ACER Yearly Monitoring Report means the report described in Article 14.1.2. Adjacent TSOs means, TAP, DESFA and Bulgartransgaz EAD. Affiliate means, with respect to a Party, any Entity Controlled, directly or indirectly, by that Party, any Entity that Controls, directly or indirectly that Party or any Entity directly or indirectly under the common Control of a Party. Agreed Interest Rate means interest (compounded monthly), at a rate equal to the arithmetic mean of the daily quotation of the three
(3)Months EURIBOR rate plus two hundred
(200)basis points. 2 ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 September 2022 Allocated Quantities means the quantity of Gas expressed in kWh/D, allocated, daily, to the Network Users pursuant to Article 17. Ancillary Contracts means the VTP Agreement and any other agreement with the ICGB relating to the GTA, this INC and/or the VTP Agreement. Applicable Law means any legislation, regulation, rule, decision or established practice of the Republic of Bulgaria, Republic of Greece, the European Union or of international nature applicable from time to time. Approval(
- s)means, regarding a Party, any approval, authorisation, certificate, consent, decision, decree, judgment, licence, order, permit, or other endorsement of any kind (regardless of the formal nomenclature given to any of the foregoing) necessary or proper to be granted, delivered, issued, or promulgated by any Person in relation to this INC, the GTA (if any) or the Ancillary Contract(
- s)(if any), including in relation to (
- i)the performance of a Party’s obligations, (
- ii)the exercise of a Party’s rights, (iii) a Party’s financial obligations, or (
- iv)the conduct of a Party’s business. ARCA means an “Advance Reservation Capacity Agreement” executed by an Exempted Network User at completion of the procedure of the IGB Market Test. Available Capacity means the capacity of the IGB Pipeline made available by the ICGB for booking purposes under Article 10. Average Use means the average use described in Article 14.4.5. Balancing Minimum Credit Limit means the minimum amount of the Network User Credit Support applicable for the purpose of the Network User´s balancing obligations, as described in Article 29.3.5 of this INC. Bank Guarantee means (
- a)in relation to Exempted Network Users, the bank guarantee described in Article 29.2, and (
- b)in relation to Non-Exempted Network Users, the bank guarantee described in Article 29.3.2. Battery Limits means the geographical boundaries, as defined pursuant to Article 5.2, within which the commercial transactions between the Interconnected Systems take place. Booked Capacity means the portion of the Available Capacity contracted by a Network User in kWh/D and booked pursuant to Article 10: (
- a)for a period of up to one
(1)Gas Day (Daily Booked Capacity); (b) for a period of one
(1)Gas Month (Monthly Booked Capacity); (c) for a period of one
(1)Gas Quarter (Quarterly Booked Capacity); (d) for a period of one
(1)Gas Year (Annual Booked Capacity); Booking Account Code means a code provided by the ICGB to a Registered Party pursuant to Article 9.3.2, for the purpose of booking and Nomination procedures. Bulgartransgaz EAD means the entity of that name which is the TSO of the Bulgarian Natural Gas Transmission System incorporated under Bulgarian law with whom the ICGB has entered 3 ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 September 2022 into an Interconnection Agreement and whose network will be physically interconnected with the IGB Pipeline pursuant to Article 5.2.3. Buying Party means the purchasing entity referred to under the secondary market procedures set out in Article 14.3. Cash Deposit has the meaning given to it in Article 29.3.3. Capacity Booking Minimum Credit Limit means the minimum amount of the Network User Credit Support that the Non-Exempted Network User needs to hold in relation to the Capacity Product(
- s)auctioned for, as further described in the GTA. Capacity Overrun means the situation where the Network User's total Allocated Quantities at the relevant Exit Point to the Distribution and/or Other System(
- s)exceed its total Reserved Capacity or total Booked Capacity for a given Gas Day. Capacity Overrun Charge means a charge payable by the Network User in case of occurrence of Capacity Overrun. Capacity Product means the product put on the market pursuant to Article 7 and Article 10, collectively, Capacity Products. Change in Law means the occurrence of any of the following after the COD: (
- a)the enactment of any new Applicable Laws; (
- b)the modification or repeal of any Applicable Laws; (
- c)the commencement of any Applicable Laws that were not effective on the Signing Date; (
- d)a change in the interpretation, application or enforcement of any Applicable Laws; (
- e)the imposition of a requirement for Approval of a Governmental Authority not required on the Signing Date; (
- f)any Approval of a Governmental Authority not being granted on a timely basis where application for that Approval has been duly made; and (
- g)after the grant of an Approval of a Governmental Authority, a revocation or termination of that Approval, a change in the terms or conditions of that Approval, an imposition of additional terms or conditions to that Approval or, if granted for a limited period, a failure to extend or renew that Approval on a timely basis after the timely submittal of an application for extension or renewal, or being renewed on terms or subject to conditions that are materially less favourable to the affected Party, other than those terms and conditions attached to the original Approval. Change in Law Notice means a notice containing the details set out in Article 32.1.2. 4 ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 September 2022 Commercial Operation Date or COD means the date on which it is confirmed by ICGB and by the competent authorities in Bulgaria and Greece that IGB Pipeline is ready for commercial operation and is able to provide the Transmission Services to the Network User. Compensation Fee means the sum of Daily Imbalance Charges for the relevant Month to be paid by Network User or deducted by the ICGB in accordance to the monthly Energy Imbalance. Compressor Station mean a facility that forms part of the IGB Pipeline that has the purpose of compressing the Natural Gas in the IGB Pipeline to assist the flow of Natural Gas. Confirmed Quantities means the quantity of Gas to be transported for each Network User based of the Matching Process according to Article 13.3. Contract Quantity means the annual quantity of Gas to be transported based on a GTA longer than one
(1)Year or the total quantity of Gas to be transported on the basis of a GTA shorter than one
(1)Year. Such Contract Quantity is the reference quantity for applying Article 25.3 in case of early termination of a GTA. Control means the ownership directly or indirectly of fifty per cent. (50%) or more of the voting rights in a legal entity. Controls, controlled by and other derivatives shall be construed accordingly. Conversion Factor means the conversion factor of 10,24 kWh/Nm3, calculated on the GCV. The conversion factor shall be used only for converting the values of the ARCAs’ capacity from Ncm/h/y into kWh/D/y. Credit Support Amount means the amount of Network User Credit Support of an Exempted Network User, being the one hundred per cent (100%) of the multiply of the Annual Reserved Capacity and the Transmission Tariffs for such Annual Reserved Capacity, as further set out in a GTA between such Exempted Network User and the ICGB. Daily Imbalance Charge means an amount of money (calculated by the ICGB
Article 16
.4.3) that a Network User needs to pay (or, as it may be, is entitled to receive), in respect of Daily Imbalance Quantity, which amount is always different than zero. Daily Imbalance Quantity has the meaning given to it in Article 16.4.
- Daily Quantity means for each Network User, the sum of all Confirmed Quantities for each Network User as a result of the Matching Process set under Article 13.
- Day means a period of twenty-four
(24)hours commencing at 00:00 hours on each calendar day and ending at 24:00 hours on the same calendar day. DESFA means the TSO of the Greek Natural Gas transmission system incorporated under Greek law and with whom the ICGB has entered into an Interconnection Agreement and whose network will be physically interconnected with the IGB Pipeline pursuant to Article 5.2.1. Dispute means any dispute, controversy, or claim of any kind or type, whether based on contract, tort, statute, regulation or otherwise, arising out of, relating to, or connected with this INC or the GTA, or the operations carried out under this INC or the GTA, including any dispute concerning the existence, validity, interpretation, performance, breach or termination of this INC or the GTA. 5 ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 September 2022 Disputed Amount means all or a portion of any amount that is invoiced under this INC or the GTA and disputed by a Party or subject to manifest error. Distribution and/and Other System(
- s)means the gas distribution network(
- s)and/or other system(
- s)connected with the ICGB´s Facilities, as such are operated, as applicable, by the DSO or the operator of the Industrial Customer. DSO means a gas distribution system operator. Electrical Consumption means any consumption of electricity for compression purposes, if any, as elaborated under Article 15.4. Emergency Action Plan means the emergency (action) plan required under Regulation (EU) No 2017/1938 and approved by an order of the Minister of Economy of the Republic of Bulgaria. Energy means the quantity of energy that may be produced by burning the Gas expressed in kWh, MWh, MJ or other units that express always the same concept. Energy Imbalance means the Energy imbalance calculated in accordance to the formula set in Article 16. Entity means an individual, government or state or division thereof, government or state agency, corporation, partnership or such other entity as the context may require. Entry Point means the location where Natural Gas passes from the Gas delivery facilities to the ICGB’s Facilities and where custody to Gas transfers from the Network User to the ICGB under Article 26. The Entry Points are specified in the Network User’s GTA. Entry Point Specification means the Natural Gas composition values for Gas delivered or to be delivered by the Network User at the Entry Point for transportation through the IGB Pipeline by the ICGB, as set out in Article 22.5. Entry Pressure means the pressure at which the Network User makes available, and the ICGB takes custody of, Natural Gas at the Entry Point, as set out in Article 22.2. EWRC means the Energy and Water Regulatory Commission of Bulgaria. Exempted Capacity means capacity subject to the third-party access exemption
the Exemption Decision, corresponding to the values set out in Article 6.3. Exempted Network User means a Network User which has executed an ARCA with ICGB after having been awarded capacity on the IGB Pipeline during the IGB Market Test. An Exempted Network User and the Network User have the same obligations under this INC unless explicitly stated otherwise herein. Exemption Decision means the Joint Decision of May 2018 as amended by the Final Joint Decision PB-O-2 on 8th August 2018 jointly issued by RAE and EWRC, upon the Decision n. C
(2018)5058 on 25th July 2018 of the European Commission. Exit Point means the location where Gas passes from the ICGB’s Facilities to facilities of the Adjacent TSOs or to the facilities of the Distribution and/or Other System(
- s)and where custody to Gas transfers from the ICGB to the Network User. 6 ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 September 2022 Exit Point Specification means the Gas composition values for Gas delivered or to be delivered by the ICGB to the Network User at the Exit Point from time to time, as set out in Article 22.7. Expert means the natural person selected pursuant to schedule 2 of the GTA to determine certain Disputes. Expiry Date means the date set out in the GTA on which the Transmission Period ends. Facilities means the Network User’s Facilities or the ICGB’s Facilities, as the context requires. FF Capacity means the capacity used for the Available Capacity calculation for the booking process pursuant to Article 10, for transporting Gas from the Entry Point(
- s)of Komotini to the Exit Point of Stara Zagora or the Distribution and/or Other System(s). It corresponds, from the COD, to the difference between the IGB Minimum Capacity and the Exempted Capacity (by the COD, it is approximately 91.019.666 kWh/D). This capacity can take form of: (
- a)Firm Forward Flow (FFF) capacity (FFF Capacity) (
- b)Interruptible Forward Flow (IFF) capacity (IFF Capacity). Final Allocation has the meaning given to it in Article 16.8. Firm Forward Flow (FFF) means a flow from the Entry Points of Komotini to the Exit Point of Stara Zagora (south to north direction) or to the Distribution and/or Other System(s), which flow may not be interrupted by the ICGB during normal commercial operations of the IGB Pipeline. Firm Reverse Flow (FRF) means a flow from the Exit Point of Stara Zagora to the Entry Point(
- s)of Komotini (north to south direction) or to the Distribution and/or Other System(s), which flow may not be interrupted by the ICGB during normal commercial operations of the IGB Pipeline. Force Majeure Event means any event or circumstance occurring under Article 30. Fuel Gas means any quantity of Gas, if any, under Article 15.3 that is required by ICGB and used as a fuel for a Compressor station, in the provision of the Transmission Services. Gas Characteristics means the characteristics of Natural Gas required under this INC and set out in Article 22. Gas Day means the period from 05:00 UTC on one
(1)Day to 05:00 UTC on the following Day for winter time and from 04:00 UTC on one
(1)Day to 04:00 UTC on the following Day when daylight saving is in force. Gas Directive means Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC. Gas Losses means the quantity of Gas that is lost due to technical leakages. Gas Month means the period commencing at the start of the first Gas Day in each calendar month and ending at the end of the last Gas Day in the same calendar month. 7 ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 September 2022 Gas Quantities means the quantity of Gas delivered at each Entry Point to be assured by the relevant Nominations by the Network User. Gas Quarter means the period commencing on: (
- a)the first (1st) Gas Day of January of a Gas Year and ending at the end of the last Gas Day in March of the Gas Year; (
- b)the first (1st) Gas Day of April of a Gas Year and ending at the end of the last Gas Day in June of the Gas Year; (
- c)the first (1st) Gas Day of July of a Gas Year and ending at the end of the last Gas Day in September of the Gas Year; and (
- d)the first (1st) Gas Day of October of a Gas Year and ending at the end of the last Gas Day of December of the Gas Year. Gas Transportation Agreement or GTA means an agreement for the provision of Transmission Services from an Entry Point to an Exit Point entered into between the ICGB and the applicant wishing to become a Registered Party (
Article 9
) in order to use some or all of the Transmission Services, as amended and/or restated from time to time (see ANNEX C). Gas Year means a period beginning at the start of the first Gas Day in October of each calendar year and ending at the end of the last Gas Day in September of the following calendar year, except that the first Gas Year will start at the start of the first Gas Day on which the ICGB provides the Transmission Services to a Network User
a Gas Transportation Agreement. Governmental Authority means any national or local government, any regulatory or administrative agency, commission, body or other authority, and any court or governmental tribunal lawfully exercising jurisdiction over this INC, the GTA (if any), the Ancillary Contract(s) (if any), the Network User’s Facilities and/or the ICGB’s Facilities. GCV means the amount of heat that would be released by the complete combustion of one Nm3 of Natural Gas in air and all products of the combustion are returned to the same specified temperature (25°C) as that of the reactants, all of these products being in the gaseous state except for water formed by combustion, which is condensed to the liquid state at 25°C. ICGB means ICGB AD, a company incorporated under Bulgarian law, registered in the Commercial Register at the Registry Agency under the number UIC 201383265. ICGB Approvals means all Approvals required from any Governmental Authority of Greece or Bulgaria concerning the design, construction, installation, commissioning, maintenance, repair, and operation of ICGB's Facilities. ICGB’s Annual Plan means the programme prepared and issued by ICGB on an annual basis,
Article 4.1.1.
ICGB's Facilities means the Gas reception, transportation, and delivery facilities of the IGB Pipeline that are located between the Entry Point and the Exit Point and are necessary to transport Gas to the Exit Point under this INC and the relevant GTA. IGB Digital Support means the system described in Articles 4.2 and 7.6.5. 8 ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 September 2022 IGB Intergovernmental Agreement means the intergovernmental agreement relating to the IGB Pipeline (to
- be)entered into between the Government of the Republic of Bulgaria and the Government of the Republic of Greece. IGB Market Test means the market test conducted between October 2015 and March 2017 by the ICGB within the procedure for obtaining the Exemption Decision and which allowed Exempted Network Users to book Reserved Capacity in advance without participating in the procedure pursuant to Article 10. IGB Minimum Capacity means the specific hourly volumes of Gas transportable by the IGB Pipeline on an annual basis. It is nominally set in forward mode at approximately 380,517 Nm3/h/y. ICGB shall use a load factor = 0.9 at COD. IGB Pipeline means the gas interconnector and the related facilities connecting the Greek and Bulgarian Natural Gas transportation systems from Komotini (Greece) to Stara Zagora (Bulgaria), developed, designed, financed, built, owned and operated by ICGB AD (the ICGB). It shall be connected initially with the Bulgartransgaz EAD, DESFA and TAP systems, as well as the Distribution and/or Other System(
- s)and thereafter with such further other systems as may be determined
any applicable NRA frameworks. IGB Technical Description means the technical description as it will be published on the ICGB website and whose content is described in Article 5.3 set here forth. Industrial Client means a Person who uses Natural Gas in technological or production processes or for non-household purposes. Insolvency Event means in respect of a Party: (
- a)dissolution (other than pursuant to a consolidation, amalgamation or merger); (
- b)becoming insolvent or unable to pay its debts or fails or admits in writing its inability generally to pay its debts as they become due; (
- c)an arrangement or composition with or for the benefit of creditors (including any voluntary arrangement) being entered into by or in relation to the Party; (
- d)a receiver, administrator, administrative receiver or other encumbrance taking possession of or being appointed over, or any distress, execution or other process being levied or enforced (and not being discharged within ten
(10)Working Days) upon, the whole or any material part of the assets of the Party; (
- e)the Party ceasing to carry on its business; (
- f)a petition being presented (and not being discharged within twenty
(20)Working Days or resolution being passed, or an order being made for the administration or the winding up, bankruptcy, insolvency or liquidation (other than pursuant to consolidation, amalgamation or merger) of the Party; or 9 ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 September 2022 (
- g)the Party suffering any event analogous to the events set out in paragraphs (a)-(
- f)of this definition in any jurisdiction in which it is incorporated or resident or takes any action in furtherance of, or indicating its consent to, approval of, or acquiescence in, any of the acts referred in paragraphs (a)-(
- f)above. Interconnected Systems means, initially, TAP, DESFA and Bulgartransgaz EAD Gas transmission systems, as well as the Distribution and/or Other System(s). Interconnection Agreement means the agreement concluded between ICGB and Adjacent TSOs which regulates all necessary operational, technical and commercial provisions following Regulation 703/2015. Interconnection Point(
- s)means the interconnection point(
- s)in Komotini and/or in Stara Zagora, as defined in Article 5.2. Interruptible Forward Flow (IFF) means a flow from the Entry Point(
- s)of Komotini to the Exit Point of Stara Zagora (south to north direction) or the Distribution and/or Other System(s), which flow may be interrupted by the ICGB during normal commercial operations. The IFF may be physical or virtual. Interruptible Reverse Flow (IRF) means a flow from the Entry Point of Stara Zagora to the Exit Point(
- s)of Komotini (north to south direction), which flow may be interrupted by the ICGB during normal commercial operations. The IRF may be physical or virtual and, in case of no Compressor Station having been installed, it may be offered by the ICGB and Nominated by the Network User only when the corresponding quantity of Firm Forward Flow is booked and Nominated. Lesser Rule means that, in case of different Processed Quantities at either side of an Interconnection Point, the Confirmed Quantity will be equal to the lower of the two Processed Quantities. Limitation Regime means the special regime set by the Ordinance No. 10. Line-pack Gas means the quantity of Gas present in the pipeline, at any time. Maintenance Day means a Day on which Scheduled Maintenance is being or is to be performed under this INC. Marginal Buy Price means, for a Gas Day, the higher of: (
- a)the highest Gas price of any purchases of title products in which the ICGB is involved in respect of such Gas Day; and (
- b)the weighted average price of gas in respect of that gas day, plus a small adjustment both expressed in €/kWh. Marginal Sell Price means for a Gas Day, the lower of: (
- a)the lowest Gas price of any sales of title products in which the ICGB is involved in respect of such Gas Day; or 10 ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 September 2022 (
- b)the weighted average price of gas in respect of that gas day, minus a small adjustment both expressed in €/kWh. Matching Process has the meaning given to such term in Article 13.3. Maximum Allowable Stock means a maximum stock of Line-pack Gas, as determined by the ICGB and timely notified to the Network Users. Maximum Period has the meaning given to it in Article 8.1.2. Measurement Equipment means that portion of the ICGB’s Facilities used to measure the quantity and quality of Gas, including a meter, gas chromatograph, temperature probe and other equipment necessary and incidental to accurate measurement under the standards, methods, and procedures referred to in this INC. Metering Stations means those stations for the metering of Gas as described in IGB Technical Description Minimum Allowable Stock means a minimum stock Line-pack Gas, as determined by the ICGB timely notified to the Network Users. Minimum Credit Rating means a rating equivalent of at least Ba1 (per Moody’s Investor Services rating rank) or BB+ (per Standard & Poor’s Corporation rating rank or Fitch Ratings rank) or if such credit rating agencies have ceased to exist and have not been replaced, then a reasonably equivalent credit rating agency in which event the credit ratings referred to above shall be revised to an appropriate equivalent standard. MNCn means the total Monthly Reserved Capacity and/or the total Monthly Booked Capacity of all type of Capacity Products in the “nth” Month (expressed in kWh/D/T) according to Final Allocation set pursuant to Article 16.8 of the INC. Month means a period commencing on the first (1st) Day of a calendar month and ending on the first (1st) Day of the next calendar month. Monthly Fee means, in respect of any Month, the aggregate of the Reserved Capacity and/or the Booked Capacity (including annual, quarterly, monthly, daily, within day) during that Month multiplied by the Transmission Tariff, together with all Taxes payable
Article 18.1 and article 6.1 of 0.
Monthly Statement has the meaning given to it in Article 21.1.1. National Regulatory Authority(
- s)or NRA(
- s)means the Regulatory Authority for Energy of Greece (RAE) and the Energy and Water Regulatory Committee of Bulgaria (EWRC). Natural Gas or Gas means gaseous hydrocarbons or a mixture of gaseous hydrocarbons corresponding with the Gas Characteristics as set out in Article 22 and being transported by the IGB Pipeline. Gas Characteristics may vary
the allowable ranges set out in the Entry Point Specification. Natural Gas Customer means a DSO or an Industrial Client that has entered into a Natural Gas Supply Contract. 11 ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 September 2022 Natural Gas Supply Contract means an agreement on supply of Natural Gas between the Natural Gas Customer and the Network User that envisages the Exit Point to the Distribution and/or Other System(s) as the delivery point. NC BAL means Commission Regulation (EU) No 312/2014 of 26 March 2014 establishing a Network Code on Gas Balancing of Transmission Networks, as such may be amended, supplemented or replaced from time to time. NC CAM means Commission Regulation No (EU) 2017/459 of 16 March 2017 establishing a network code on capacity allocation mechanisms in gas transmission systems and repealing Regulation (EU) No 984/2013, as such may be amended, supplemented or replaced from time to time. NC TAR means Commission Regulation (EU) 2017/460 of 16 March 2017 establishing a network code on harmonised transmission tariff structures for gas, as such may be amended, supplemented or replaced from time to time. Net Measured Quantities means the quantity of Natural Gas in kWh measured over a specified period at an Interconnection Point, as determined by the Measurement Equipment, adjusted at that Interconnection Point. Network User means a natural person or a legal entity who has become a Registered Party
Article 9
, for the purpose of: (
- a)using some or all of the Transmission Services and/or (
- b)accessing the VTP and trading Natural Gas at the VTP. Network User Approvals means all Approvals, if required or applicable, from any relevant governmental authority or institution concerning the Network User's obligations under its GTA (if any). this INC and Ancillary Contract(
- s)(if any) and the transactions contemplated thereunder and hereunder. Network User Credit Support means the types of guarantees referred to in Article 29. Network User Credit Support Period means: (
- a)in relation to the Exempted Network Users, the period commencing on the Signing Date, continuing for the duration of the GTA and being in effect until all claims under this INC and the GTA have been settled or discharged in full (e.g. including any termination payment); or (
- b)in relation to the Network Users (other than the Exempted Network Users), the period commencing on the date the applicant provided the Network User Credit Support as part of its application to become a Registered Party and continuing until the earlier of: − the date when the applicant´s registration to become a Registered Party has been withdrawn by the applicant; or − the later of: (
- i)the duration of the GTA (if any) and each Ancillary Contract (if any), and (
- ii)all claims under this INC, the GTA (if any) and each Ancillary Contract (if any) have been settled or discharged in full (e.g. including any termination payment). Network User Credit Support Requirement means the requirement to provide Network User Credit Support in respect of the Network User's obligation to make payments under this INC, 12 ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 September 2022 the GTA (if any) and each Ancillary Contract (if any) as and when such obligation arises under the terms of this INC, the GTA (if any) and each Ancillary Contract (if any). Network User's Facilities means the Gas delivery and reception facilities upstream of the Entry Point which are necessary for the delivery of Gas at the Entry Point; and downstream of the Exit Point which are necessary to take delivery of Gas at the Exit Point under this INC and the relevant GTA. Neutrality Account means a notional account through which the ICGB shall ensure that it remains financially neutral in respect of its balancing activities. Neutrality Payment Amount has the meaning given to it in Article 16.5.2(a). Nominated Quantity means, in respect of a Nomination Period, the quantity of Gas that has been Nominated or deemed Nominated by the Network User under Article 13.2 (
- a)for delivery by that Network User to the ICGB at an Entry Point; and (
- b)for redelivery by the ICGB to that Network User at an Exit Point, and Nominated Quantities shall be construed accordingly. Nomination means the prior notification by a Network User to ICGB of its Nominated Quantities and Nominate or Nominated shall be construed accordingly. Nomination Period means, in respect of each Day, a period during which Network Users can submit nominations. Non-Exempted Capacity means the Available Capacity referred to in Article 3.2.2 and Article 3.2.3. Non-Exempted Network User means a Network User who is not an Exempted Network User. Normal Cubic Meter (Nm3) means the amount of Natural Gas that fills 1m3 of space at a temperature of 0°C with an absolute pressure of 1.01325 bar. Off-Specification Entry Gas means Gas made available for delivery at the Entry Point which does not conform with the Entry Point Specification. Off-Specification Exit Gas means Gas made available for delivery at the Exit Point which does not conform with the Exit Point Specification. Operational Balancing Agreements means agreements executed between the Adjacent TSO and the ICGB that set out the terms and conditions for allocating of the quantities of Gas at each Interconnection Point. Ordinance No. 10 means the ordinance no. 10 of 9 June 2004 on the procedure for introducing limitation regime, suspension or restriction of production or supply of electricity, heat and natural gas issued by the Ministry of Energy of the Republic of Bulgaria and published in the State Gazette of the Republic of Bulgaria. Other Network User means any Person other than the Network User named in a particular gas transportation agreement (or ARCA, in respect of an Exempted Network User) who, at the 13 ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 September 2022 relevant time, is delivering Gas into the IGB Pipeline and/or, as the context requires, is offtaking Gas from the IGB Pipeline. Pair of Network Users means a pair of Network Users (who, for the avoidance of doubt, may be the same Network User) who transfer Natural Gas at the Virtual Trading Point or an Interconnection Point. Partial Change of Supplier has the meaning given to it in Article 10.5.3. Partial Interruption has the meaning given to it in Article 8.1.2. Party means any party bound by this INC, including the Network User, the Registered Party and the ICGB individually; collectively, Parties. Person means any individual, partnership, corporation, association, trust, Governmental Authority, or other entity. Platform means either PRISMA or RBP; jointly, Platforms. Platform Agreement means an agreement on the membership to and/or the use of the relevant Platform (to
- be)entered into between the Network User (or, as it may be, the Buying Party) and the relevant Platform, as such may be amended and/or restated from time to time. Price Bid means the unit price in €/kWh offered by the Network User at auctions conducted pursuant to Article 10. PRISMA means a capacity booking and trading platform, established and operated by Prisma European Capacity Platform GmbH, including all universal legal successors thereof. Processed Quantity means, in relation to a particular period of time, the quantity of Gas Nominated, or, if applicable, Re-nominated, by a Network User, as may be adjusted by the relevant Party
the provisions of this INC on Nominations and Renominations. Provisional Network User Allocation means the allocation provided to each Network Users on a daily basis by the ICGB pursuant to Article 16.6.
- RAE means the Regulatory Authority for Energy of Greece. RBP or Regional Booking Platform means a capacity booking and trading platform, established and operated by the Hungarian Gas Transmission System Operator (FGSZ), including all universal legal successors thereof. Reasonable and Prudent Party means a Person (including the Parties) seeking in good faith to perform its covenants or obligations under this INC, the relevant GTA (if any) and all Ancillary Contracts (if any) and in so doing and in the general conduct of its undertaking exercising that degree of skill, care and ability that would reasonably and ordinarily be expected from a skilled and experienced operator and/or network user of a pipeline system similar to the IGB Pipeline complying with all Applicable Laws and engaged in the same type of undertaking under the same or similar circumstances and conditions. Reasonable Efforts means, for any action required to be made, tried, or taken by a Party under this INC, the relevant GTA (if any) and all Ancillary Contracts (if any), the efforts that a prudent Person would undertake to protect its own interests, including commercial interests, taking into 14 ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 September 2022 account the conditions affecting the action, including the amount of notice to act, recognition of the need to act, the duration and type of action, the competitive environment in which the action happens, and the projected benefit, cost and risk to the Party required to take the action. Reference Gas Year means the Gas Year used for congestion management procedure calculation according to Article
- Registered Party means a natural person or a legal entity who has been registered
Article 9
. Registration Fee means the fee to be paid by the Registered Party pursuant to Article 9. The Registration Fee shall be revised from time to time and published at www.icgb.eu. Re-nomination means a Nomination submitted by a Network User for a particular Gas Day after the deadline for the confirmation of the initial Nomination for that Gas Day, and Renominate shall be construed accordingly. Representative means as regards each Party, and/or its Affiliates if applicable, the person(s) designated by the Party and/or its Affiliates to give and receive notices under this INC, the relevant GTA (if any) and all Ancillary Contracts (if any) and to exercise the rights of the Party under this INC, the relevant GTA (if any) and all Ancillary Contracts (if any). Reserved Capacity means the capacity (expressed in kWh/D) reserved by an Exempted Network User
its ARCA and the Exemption Decision, which may be: (
- a)the upper limit that an Exempted Network User may Nominate in a Gas Day (Daily Reserved Capacity); (
- b)the upper limit that an Exempted Network User may Nominate in any Gas Month (Monthly Reserved Capacity); (
- c)the upper limit that an Exempted Network User may Nominate in any Gas Quarter (Quarterly Reserved Capacity); (
- d)the upper limit that an Exempted Network User may Nominate in any Gas Year (Annual Reserved Capacity), which, in each case, may be modified
Article 14
. Reserve Price means the unit price used during the first (1st) round of auctions pursuant to this INC in respect of each Capacity Product, conducted
article 7 of 0. RF Capacity means the reverse flow capacity from the Interconnection Point of Stara Zagora to the Interconnection Point(
- s)of Komotini. This capacity can take a form of: (
- a)Firm Reverse Flow (FRF) capacity (FRF Capacity); or (
- b)Interruptible Reverse Flow (IRF) capacity (IRF Capacity). Sanctioned Country means any country or state that is at the relevant time subject to Sanctions. A country or state shall not be deemed to be a Sanctioned Country by virtue of Sanctioned Person(
- s)being, in the case of individuals, citizens of or residents in such state or country and, in the case of entities and organisations, domiciled or resident in such country or state unless expressly stipulated in the relevant Sanctions. 15 ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 September 2022 Sanctioned Person means any individual, entity, or organisation that is at the relevant time subject to Sanctions and does not benefit from an exemption to the extent that such exemption would remove the effect of the applicable Sanctions for the purposes of the transactions carried out under this INC, the relevant GTA (if any) and all Ancillary Contracts (if any). Sanctions means the economic or trade sanctions, embargoes or restrictive measures of the United Nations, United States of America, European Union or European Union Member States (as amended, modified or replaced from time to time), as applicable in the Republic of Bulgaria and the Republic of Greece. Scheduled Maintenance means, in relation to any of the ICGB's Facilities, the inspection, maintenance, repair, modification or replacement of it. Signing Date means the date on which a GTA is signed by the ICGB and the applicant that, in the ICGB opinion, fulfils all requirements (set out in Article 9) to become a Registered Party (including provision of the Network User Credit Support) and becomes effective
the terms of the GTA. Standard Cubic Meter (Sm3) means a Natural Gas quantity that fills 1m3 at a pressure of 1.01325 bar (standard atmospheric pressure) and at a temperature of 15°C. TAP means an independent Natural Gas TSO of the Greek Natural Gas transmission system incorporated under Swiss law and with whom the ICGB has entered into an Interconnection Agreement and whose network will be physically interconnected with the IGB Pipeline pursuant to Article 5.2.
- Transmission Tariff means the Exit Point transmission tariff and the Entry Point transmission tariff applicable as determined under articles 4 and 5 of 0 and payable by the Network User to the ICGB under Article 19 of this INC. Tax or Taxes means any tax, charge, fee, levy or other assessment imposed by any Governmental Authority, whether federal, state, local or otherwise; including all income, withholding, windfall profits, gross receipts, business, environmental, value added, capital gain, duties, capital stock, registration, excise, ad valorem, real property, personal property, land, local development, licence, sales, production, occupation, use, service, service use, transfer, payroll, employment, social security (or similar), unemployment, travel, franchise, severance, bonus or other tax of any kind, as well as any charges and assessments (including any interest, penalties or additions to tax due to or imposed on or regarding any assessment, whether disputed or not, but excluding any royalties, over-riding royalties and like charges), and all stamp or documentary taxes and fees. Third Party means any Person other than a Party. Trade Notification means the prior notification by a Network User to the ICGB of its Traded Quantities at the Virtual Trading Point pursuant to Article 10.
- Traded Quantities means the aggregate quantity of Natural Gas (in kWh per Gas Day) that has been Nominated by a Network User either: (a) for transfer from it to another Network User at the Virtual Trading Point; or (b) for transfer to it from another Network User at the Virtual Trading Point. 16 ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 September 2022 Transmission Period has the meaning given to it in the relevant GTA. The Transmission Period cannot be longer than the exemption period granted by the Exemption Decision (i.e. 25 Years from COD). Transmission Services means the services to be provided by the ICGB under the GTA (including relevant clause(s) of the GTA and clauses of this INC and, in particular, its Article 7.6), which include the transportation of Gas from/to any Entry Point and to/from any Exit Point and any other service as specified in the GTA and this INC. TSO means a transmission system operator. Unaccounted Gas means the quantity of Gas (in Energy units) resulting from make-up necessary for the purpose of compensating measurement tolerance. Unused Capacity means that portion of the Network User’s capacity which is unused by the Network User, as determined
Article 14.5.
UPAA Clearing Price means,
article 18 (Uniform-price auction algorithm) of NC CAM, the price of the lowest successful bid (pursuant to the auction procedure set out in this INC) if the demand exceeds the offer at the Reserve Price. In all other cases, the UPAA Clearing Price shall be equal to the Reserve Price. User means the Network User and/or Other Network Users. UTC means Coordinated Universal Time. Virtual Trading Point or VTP means a virtual point at which Network Users may register Gas trades. Volume Bid means the hourly Gas quantity Nm/h requested by the Network User at auctions conducted pursuant to Article 10. VTP Agreement means an agreement (to be) entered into between ICGB and an applicant as a condition to such applicant becoming a Registered Party, which agreement regulates the access of such Registered Party, as a Network User, to the VTP and may be amended and/or restated from time to time. VTP Minimum Credit Limit means the minimum amount of the Network User Credit Support applicable for the purpose of the Network User´s trading volumes of Gas (buy and sell) at the VTP, as described in Article 29.3.6 of this INC. Week means a period of seven
(7)consecutive Days commencing on a Monday. Wilful Misconduct and/or Gross Negligence has the meaning given to it in Article 24.1.
- Working Day means any Day other than a Saturday, a Sunday, or a public holiday in Bulgaria and Greece. Year means a calendar year of 365 or 366 Days. 17 ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 September 2022
- REGULATORY FRAMEWORK 3.1 The European regulatory framework The IGB Pipeline was developed within the framework of the Gas Directive, as implemented respectively by the Greek and the Bulgarian regulatory frameworks. In the context of this INC, particular importance is placed on the Exemption Decision and the current capacity allocation mechanism set out in NC CAM. The Exemption Decision defines the terms and conditions for the IGB Pipeline’s exemption from third party access, transmission tariff and ownership unbundling obligations and NC CAM defines the framework for operating the IGB Pipeline in a complementary manner. To the extent that NC CAM does not contradict the provisions of the Exemption Decision, NC CAM shall apply as set out herein. 3.2 Cross-border and exempted context The IGB Pipeline will operate in a cross-border context between Greece and Bulgaria under an exempted and regulated regime
the Exemption Decision. To this extent, the ICGB is bound by the respective regulatory frameworks of Greece and Bulgaria and by the Exemption Decision. The Exemption Decision prevails over these regulatory frameworks and includes, inter alia, the following provisions: Exemption Period The exemption period shall last twenty-five
(25)years from the Commercial Operation Date (COD),
the Exemption Decision. Third party access exemption A third-party access exemption is granted in respect of a certain amount of the IGB Minimum Capacity which is allocated to the Exempted Network Users. The following table shows the Exempted Capacity compared to the Non-Exempted Capacity and the IGB Minimum Capacity at COD: Period from Period to Exempted Capacity (Nm3/h/
- y)Non-exempted Capacity (Nm3/h/
- y)IGB Minimum Capacity (Nm3/h/
- y)COD up to 5 years 179.673,55 200.843,45 380.517,00 1st Day of the 6th year up to years 10 173.966.55 206.550,45 380.517,00 1st Day of the 11th year up to years 20 162.551,05 217.965,95 380.517,00 1st Day of the 21st year up to years 25 131.044,05 249.472,95 380.517,00 18 ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 September 2022 Non-Exempted Capacity (
- a)The ICGB shall make Non-Exempted Capacity available
the regulation of NC CAM. (b) To the extent permitted by the Exemption Decision nothing in this INC precludes an Exempted Network User to book the Booked Capacity
the INC terms and conditions applicable to Non-Exempted Network Users and the Booked Capacity. In such case, subject to fulfilment of all applicable conditions, the Exempted Network User shall enter, as Non-Exempted User, into a separate GTA with the ICGB that regulates the terms and conditions applicable to the Booked Capacity. Transmission Tariff regime FF Capacity and RF Capacity are exempted from the provisions of Gas Directive (as implemented in Bulgaria and Greece), as set out in 0 of this INC and is applicable to all Network Users. 19 ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 September 2022 4. INFORMATION PUBLICATION AND DATA EXCHANGE 4.1 Publication by the ICGB Every six
(6)Months ICGB shall publish on its website (www.icgb.eu) the all the relevant information regarding the technical and operational features and the overall status of the IGB Pipeline as required by point 3.1 and 3.2 of Annex I to Regulation (EC) No 715/2009 and updates it continuously. The ICGB’s Annual Plan Three
(3)Months before COD and by each subsequent 1 July (or in case of a non-Working Day, by the first (1st) Working Day after 1 July for each successive Year after the COD), the ICGB shall publish, via its website and email to the Network User, the ICGB’s Annual Plan containing: 4.2 (
- a)the estimated Available Capacity at the Entry Point(
- s)and Exit Point(s); (
- b)its intended interventions and the proposed resultant availability for the next Gas Year of the IGB Pipeline, which shall include the Scheduled Maintenance and also possible reduction of the Transmission Service as a result of planned activities of the Interconnected System(
- s)that affect the operation of the IGB Pipeline; and (
- c)maximum permitted yearly interruption related to Scheduled Maintenance and planned interruptions as a result of planned activities of the Interconnected System(
- s)that affect the operation of the IGB Pipeline . IGB Digital Support The IGB Digital Support shall be developed and made available to support the information and data exchange between the Platform, the ICGB and the Network Users. The IGB Digital Support shall have the following features available: (
- a)IGB Digital Support User’s guide; (
- b)Network Users’ registration pursuant to Article 9; (
- c)Portal for Network Users contract management and accessing the forms and data exchange facilities related; (
- d)Portal for accessing forms and data exchange facilities related to submission/receipt of Nominations, Re-nominations, Trade Notifications, Confirmations etc. Any Network User shall use the IGB Digital Support for exchanging data and information necessary for accessing the IGB Pipeline services and the implementation of the relevant GTA provisions (if any) and/or the implementation of the relevant VTP Agreement provisions (if any). 20 ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 September 2022 ICGB will publish on its website the terms and conditions of access to IGB Digital Support. ICGB will provide all Registered Parties that request access to the IGB Digital Support with unique user identifications and passwords in order to facilitate the access of such Registered Parties to the IGB Digital Support. In case of unavailability of any of IGB Digital Support, communications under and in connection with this INC must be made in the following: (
- a)by email using the templates and email addresses published on the ICGB website at the time of that unavailability and (
- b)by fax using any templates and fax numbers published on ICGB website at the time of that unavailability arising, followed, in the case of each such fax, by a telephone call to the ICGB at the telephone number published on the ICGB's website at the time of that unavailability arising, notifying the ICGB that the fax has been sent to it. In case of unavailability of any of IGB Digital Support, ICGB will inform all affected Network Users for the duration of that period of unavailability, the ICGB will only accept communications made using the means of communication specified above. 21 ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 September 2022 5. IGB PIPELINE DESCRIPTION 5.1 Interconnections with TSOs The IGB Pipeline is a high-pressure Gas pipeline interconnecting the Natural Gas transportation systems of Greece and Bulgaria and for interconnection with TAP. The IGB Pipeline is physically interconnected with the DESFA and TAP systems in Komotini (Greece) and with the Bulgartransgaz EAD system in Stara Zagora (Bulgaria). The IGB Pipeline may be interconnected with other systems (including, without limitation, the Distribution and/or Other System(s)) (a)
the regulatory frameworks of Greece and Bulgaria, or (
- b)following any explicit requests to do so by any TSO (other than the ICGB). 5.2 Interconnection Points, Entry Points and Exit Points In case of the Firm Forward Flow (FFF) and the Interruptible Forward Flow (IFF), the Entry Points and the Interconnection Points in Komotini are the following: Entry Point and Interconnection Point with DESFA The Interconnection Point (D-IP) with DESFA shall be at the location determined by the ICGB and DESFA and the Battery Limits are defined in IGB Technical Description and the Exit Points of the IGB Pipeline are the Exit Points set forth in Article 5.2.3 and Article 5.2.4. Entry Point and Interconnection Point with TAP The Interconnection Point (T-IP) with TAP shall be at the location determined by the ICGB and TAP and the Battery Limits are defined in IGB Technical Description and the Exit Points of the IGB Pipeline are the Exit Points set forth in Article 5.2.3 and Article 5.2.4. Exit Point and Interconnection Point with Bulgartransgaz EAD The Interconnection Point with Bulgartransgaz EAD (B-IP) shall be at the location determined by the ICGB and Bulgartransgaz EAD and the Battery Limits are defined in IGB Technical Description. Exit Point to the Distribution and/or Other System(
- s)The Exit Points with the Distribution and/or Other System(
- s)shall be at the location determined by the ICGB and the Battery Limits are defined in IGB Technical Description. Subject to Article 7.2, in case of the Firm Reverse Flow (FRF) or the Interruptible Reverse Flow (IRF), the only Entry Point of the IGB Pipeline is: The Entry Point in Stara Zagora and the Interconnection Point with Bulgartransgaz EAD 22 ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 September 2022 The Interconnection Point with Bulgartransgaz EAD shall be at the location determined by the ICGB and Bulgartransgaz EAD and the Battery Limits are defined in IGB Technical Description and the Exit Points of the IGB Pipeline are the Exit Points set out in Article 5.2.6 to Article 5.2.7. Exit Point in Komotini and the Interconnection Point with DESFA The Interconnection Point with DESFA shall be at the location determined by the ICGB and DESFA and the Battery Limits are defined in IGB Technical Description. Exit Point in Komotini (Greece) at the Interconnection Point with TAP The Interconnection Point with TAP shall be at the location determined by the ICGB and TAP and the Battery Limits are defined in IGB Technical Description. 5.3 Technical characteristics IGB Technical Description is published on ICGB website and contains the following information: (
- a)Pipeline Geographical Extension; (
- b)Technical Characteristics; (
- c)Pressures and Transportation Capacity at Entry and Exit point(s); (
- d)Control Equipment; (
- e)Metering Stations and Measurement Procedure; (
- f)Dispatching Centre; (
- g)Interconnection Point Battery Limits or Exit Point to the Distribution and/or Other System(
- s)Battery Limit; (
- h)Technical and Conditions. Operational Constraints and Boundary 23 ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 September 2022 6. EXEMPTED CAPACITY, RESERVED CAPACITY, BOOKED CAPACITY 6.1 Exempted Capacity The Exempted Capacity shall be contracted by the Exempted Network Users, for the relevant capacity and duration. A Gas Transportation Agreement shall be executed in relation to such Exempted Capacity, provided that the Network User fulfils the requirements set out in Article 9. 6.2 INC obligations in relation to the Exempted Capacity The Exempted Network Users shall comply with this INC to the extent that this INC does not contradict the Exemption Decision. 6.3 Exempted Capacity from COD for a period of 25 years Period from Period to Exempted Capacity (Nm3/h/
- y)Nonexempted Capacity (Nm3/h/
- y)COD up to 5 years 179.673,55 200.843,45 1st Day of the 6th year up to 10 years 173.966.55 206.550,45 1st Day of the 11th year up to 20 years 162.551,05 217.965,95 1st Day of the 21st year up to 25 years 131.044,05 249.472,95 The above table shows the amount of Exempted Capacity
the Exemption Decision in different time periods. The profiles of Exempted Capacity vary depending on the expiration of the GTA executed with the Exempted Network Users. 6.4 Reserved Capacity The table set out in Article 6.3 shows the total amount of the Annual Reserved Capacity for the Exempted Network Users. Each Annual Reserved Capacity shall be allocated on a firm basis to the Exempted Network Users
their respective ARCA´s terms and conditions and represents, when used for Nomination purposes (
Article 13), the Daily Reserved Capacity.
The Daily Reserved Capacity shall be used, inter alia, for netting the Available Capacity pursuant to Article 10. Conversion Factors for ARCAs are 10,24 kWh/Nm3 and 24 h/Day. Exempted network users which have reserved capacity in the IGB gas pipeline and have signed a Gas Transportation Agreement, in which they have specified an entry point, have the right to change the entry point in the Republic of Greece, if there is a second entry point in the Republic of Greece. Exempted network users are entitled to one change every ten years, but no 24 ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 September 2022 more than two changes for the duration of the Gas Transportation Agreement. The first ten-year period begins with the date of commercial operation of IGB gas pipeline. Each subsequent period starts from the expiration of the previous one. ICGB, if it is technically feasible and there is free capacity at the given point, may allow a change of the entry point. 6.5 Booked Capacity The Booked Capacity, expressed in kWh/D/y, is the part of Available Capacity allocated to a Network User pursuant to Article 10 and represents, when used for Nomination purposes (
Article 13), the Daily Booked Capacity.
The Exempted Network Users are allowed to participate at the booking procedure to the extent permitted by the Exemption Decision and within the limits set in 0. In case of allocation of capacity to an Exempted Network User, the Exempted Network User and the ICGB shall enter into a separate GTA concerning such capacity. 25 ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 September 2022 7. CAPACITY PRODUCTS OFFERED AND RELATED SERVICE 7.1 Firm Forward Flow The ICGB shall confirm for the Exempted Network Users and offer to the Network Users, from COD, FFF Capacity at the Exit Point of Stara Zagora (i.e. at B-T) as per Article 5.2.3 above. All Network Users may book, from COD, FFF Capacity at the Entry Point(
- s)of Komotini (i.e. at D-IP and/or T-IP, as the case may be), to be transported up to the Exit Point of Stara Zagora (i.e. at B-IP) or other Exit Point to the Distribution and/or Other System(s). FFF Capacity, is subject to Entry Point Transmission Tariff and Exit Point Transmission Tariff (ENTFFF and EXTFFF, respectively) as defined in articles 4.1 and 5.1 of 0. Booking procedures for FFF Capacity shall comply with the provisions of Article 10.3 and NC CAM. 7.2 Firm Reverse Flow The ICGB may offer, at any time from COD, Firm Reverse Flow (FRF) capacity (FRF Capacity at the Exit Point(
- s)of Komotini (i.e. at D-IP and/or T-IP, as the case may be). If offered, FRF Capacity shall be initially treated at COD as “incremental capacity” and shall follow the relevant procedure set out in NC CAM for investing in the necessary Facilities and ensuring the relevant Transmission Service by the ICGB. Following the successful completion of such procedure, the ICGB having made relevant commitments to invest in necessary Facilities and the registration conditions set out in Article 9 having been fulfilled, the execution of a GTA between the ICGB and a Network User for FRF Capacity shall take place. Subject to the preceding sentences, from the commercial operations date of the relevant Facilities, the Network Users may book FRF Capacity at the Entry Point of Stara Zagora (i.e. at B-IP), to be transported up to the Exit Point(
- s)of Komotini (i.e. at D-IP and/or T-IP, as the case may be). FRF Capacity, is subject to Entry Point Transmission Tariff and Exit Point Transmission Tariff (ENTFRF and EXTFRF, respectively) as defined pursuant to articles 4.4 and 5.4 of 0. The booking procedure for FRF Capacity shall comply with the provisions of Article 10.3 and NC CAM. 26 ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 September 2022 7.3 Interruptible Forward Flow From COD, the Network Users may book Interruptible Forward Flow (IFF) capacity (IFF Capacity at the Entry Point(
- s)of Komotini (i.e. at D-IP and/or T-IP as the case may be), but only if no FFF Capacity is available. Notwithstanding the interruptible nature of IFF Capacity, the following provisions shall apply to the Network User who has been allocated IFF Capacity. IFF Capacity is subject to Entry Point Transmission Tariff and Exit Point Transmission Tariff (ENTIFF and EXTIFF, respectively) as defined pursuant to article 4.2 and article 5.2 of 0. The booking procedure for IFF Capacity shall comply with the provisions of Article 10.3 and NC CAM. 7.4 Interruptible Reverse Flow From COD, the Network Users may book Interruptible Reverse Flow (IRF) capacity (IRF Capacity at the Exit Points of Komotini (i.e. at D-IP and/or TIP, as the case may be). From COD, the Network Users may book IRF Capacity at the Entry Point of Stara Zagora (i.e. at B-IP). Subject to the preceding sentences of this Article 7.4, all Network User who booked IRF Capacity may deliver Gas at the Entry Point of Stara Zagora and off-take gas at the Exit Point of Komotini. IRF Capacity, is subject to Entry Point Transmission Tariff and Exit Point Transmission Tariff (ENTIRF and EXTIRF, respectively) as defined pursuant to article 4.3 and article 5.3 of 0. The booking procedure for IRF Capacity shall comply with the provisions of Article 10.3 and NC CAM. 7.5 Entry Point Specification The compliance of the delivered gas with the Entry Point Gas Specification shall be continuously monitored by the ICGB at each Interconnection Point. For any deviation from the Entry Point Gas Specification, Network Users shall be notified by the ICGB and shall give to ICGB the right to reduce or to interrupt the Transmission Service in case such deviations may affect, in the reasonable opinion of the ICGB, integrity or safety of operation of the IGB Pipeline. 7.6 Services provided by the ICGB Without prejudice to any other provision of this INC, the relevant GTA (if any) and/or the VTP Agreement, this Article 7.6 summarises the services provided by the ICGB: Uninterruptible service 27 ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 September 2022 The Reserved Capacity or the Booked Capacity, in each case when relating to FFF Capacity or FRF Capacity, shall not be interrupted if the following requirements are satisfied: (
- a)the Gas at any Entry Point(
- s)is compliant with the Entry Point Specification
Article 22
.5; (
- b)the Gas Quantities are confirmed through the relevant confirmation at each Interconnection Point and each Exit Point to the Distribution and/or Other System(s), pursuant to Article 13; (
- c)the Gas Days are outside the maximum permitted yearly interruption foreseen in the ICGB’s Annual Plan (as such is set and updated
Article 4.1.1); and (d) reduction or interruption is not caused by a Force Majeure Event.
Capacity booking (a) The process of capacity booking shall be implemented through the Platform. The ICGB shall calculate and publish the Available Capacity at the Interconnection Points and Exit Points to the Distribution and/or Other System(s), define and administer the procedure with which the Network User requests capacity, allocate capacity (
the Exemption Decision and/or NC CAM provisions, as the case may
- be)and execute the relevant GTA(s). (
- b)The ICGB shall manage the allocation of Gas between the Network Users, where the Network Users share ownership of the Gas flowing through the same Metering Station. VTP access Subject to having entered into the VTP Agreement with the ICGB
Article 9
.3 and provision of the Network User Credit Support
the Article 29, the ICGB shall offer to a Network User access to the VTP (via the IGB Digital Support). For the avoidance of doubt, it is not required for the Network User to enter into a GTA in order to obtain an access to the VTP. Provisional Network User Allocation and Final Allocation The ICGB shall determine and transmit to the Network User the Provisional Network User Allocation and provide the Final Allocation
Article 16. Any Capacity Overruns shall be determined by the Final Allocation.
In case of two or more Non-Exempted Network Users incurring Capacity Overrun in relation to the same Exit Point to the Distribution and/or Other System(s), the total Capacity Overrun of all Non-Exempted Network Users for such Exit Point will be pro-rated between those Non-Exempted Network Users. 28 ΑΔΑ: ΨΔΘΤΙΔΞ-8Γ4 September 2022 Information data The ICGB shall administer the data relating to the transportation activities on the IGB Pipeline, including those related to the Network User’s Nominations, through the IGB Digital Support described in Article 4.
- Data that are to be exchanged via IGB Digital Support are described in Article
- Balancing The ICGB shall calculate and apply Daily Imbalance Charges, as described in Articles 16 and 17 and further elaborated in the relevant GTA. Gas metering The ICGB shall be responsible for measurement data acquisition and validation and for forwarding of such data to the Network User
Article 23.3.
Gas quality The ICGB shall measure the Gas Characteristics and verify compliance with the Entry Point Specification and Exit Point Specification (
Article 22
), such as those necessary to calculate energy (Gross Calorific Value GCV) and those related to the control of chemical and physical characteristics of Natural Gas. IGB Pipeline interventions The ICGB shall perform periodic inspections, control and maintenance, which may cause interruption or reduction of the transportation capacity of the IGB Pipeline. These activities can be either planned or may become necessary without planning if anomalous or unforeseen situations or emergencies occur. The planning of interven