Par Vienoto dabasgāzes pārvades sistēmas lietošanas noteikumu saskaņošanu

Par Vienoto dabasgāzes pārvades sistēmas lietošanas noteikumu saskaņošanu Uzmanību! Jūs lietojat neatbilstošu interneta pārlūkprogrammu. Lai varētu lietot visas Likumi.lv piedāvātās iespējas, piedāvājam BEZ MAKSAS ielādēt jaunāku pārlūkprogrammas versiju. Iesakām izmēģināt arī vietnes MOBILO VERSIJU - m.likumi.lv (piemērota arī mazāk jaudīgiem datoriem). nerādīt turpmāk šo paziņojumu Apstiprināt Paldies par viedokli!   Rādīt vēlāk LATVIJAS REPUBLIKAS TIESĪBU AKTI veidi tēmas visvairāk skatītie jaunākie LV  EN uz sākumu meklēt Izvērstā meklēšana Noklusējuma vērtības Izvērstā meklēšana Kā meklēt? Meklēt nosaukumā meklēt locījumos meklēt frāzi Meklēt tekstā meklēt locījumos meklēt frāzi Izdevējs Veids nemeklēt grozījumos Pieņemts Stājas spēkā Dokumenta Nr. līdz līdz Publicēts LV Zaudējis spēku Redakcija uz līdz līdz Statuss: spēkā esošs vēl nav spēkā zaudējis spēku meklēt notīrīt Sabiedrisko pakalpojumu regulēšanas komisijas padomes lēmums Nr. 41 Rīgā 2025. gada 29. maijā (prot. Nr. 20, 3. p.) Par Vienoto dabasgāzes pārvades sistēmas lietošanas noteikumu saskaņošanu Sabiedrisko pakalpojumu regulēšanas komisija (turpmāk - Regulators) 2025.gada 13.februārī saņēma Latvijas vienotā dabasgāzes pārvades un uzglabāšanas sistēmas operatora akciju sabiedrības "Conexus Baltic Grid", vienotais reģistrācijas numurs: 40203041605, juridiskā adrese: Stigu iela 14, Rīga, LV-1021 (turpmāk - AS "Conexus Baltic Grid"), 2025.gada 13.februāra iesniegumu Nr.COR-N-2025/0362, kas iesniegts Igaunijas dabasgāzes pārvades sistēmas operatora "Elering AS", vienotais reģistrācijas numurs: 11022625, juridiskā adrese: Kadaka tee 42, 12915, Tallina, Igaunija (turpmāk - "Elering AS"), un AS "Conexus Baltic Grid" vārdā, ar lūgumu saskaņot AS "Conexus Baltic Grid" un "Elering AS" kopīgi izstrādāto vienotās dabasgāzes pārvades ieejas-izejas sistēmas lietošanas noteikumu (turpmāk - Vienotie dabasgāzes pārvades sistēmas lietošanas noteikumi) jauno redakciju. AS "Conexus Baltic Grid" ar 2025.gada 27.marta iesniegumu Nr.COR-N-2025/0625 iesniedza precizēto Vienoto dabasgāzes pārvades sistēmas lietošanas noteikumu redakciju ar uzskatāmām izmaiņām un Vienoto dabasgāzes pārvades sistēmas lietošanas noteikumu jaunās redakcijas tulkojumu latviešu valodā. Regulators 2025.gada 16.maijā saņēma "Elering AS" 2025.gada 16.maija iesniegumu Nr.1.1-11/2025/118-2, kas iesniegts "Elering AS" un AS "Conexus Baltic Grid" vārdā, ar lūgumu saskaņot AS "Conexus Baltic Grid" un "Elering AS" kopīgi izstrādāto precizēto Vienoto dabasgāzes pārvades sistēmas lietošanas noteikumu jauno redakciju. Regulators konstatē un secina 1. Enerģētikas likuma 117.panta trešās daļas 1.punkts noteic, ja saskaņā ar šā panta pirmo daļu dabasgāzes pārvades sistēmas operatori ir vienojušies par vienotās dabasgāzes pārvades ieejas-izejas sistēmas izveidi, vienotais dabasgāzes pārvades un uzglabāšanas sistēmas operators un dabasgāzes pārvades sistēmas operators sadarbībā ar vienotajā dabasgāzes pārvades ieejas-izejas sistēmā iesaistītajiem dabasgāzes pārvades sistēmas operatoriem izstrādā un iesniedz Regulatoram un Regulators, vienojoties ar attiecīgo Eiropas Savienības dalībvalstu regulatīvajām iestādēm, saskaņo vienotās dabasgāzes pārvades ieejas-izejas sistēmas lietošanas noteikumus visiem dabasgāzes pārvades sistēmas lietotājiem un pretendentiem, kas pieprasa pieeju sistēmai, un kuri dabasgāzes pārvades sistēmas lietotājiem jāievēro, organizējot dabasgāzes piegādi. 2. Atbilstoši Enerģētikas likumā noteiktajam Regulators ar 2024.gada 20.jūnija lēmumu Nr.37 "Par Vienoto dabasgāzes pārvades sistēmas lietošanas noteikumu saskaņošanu"1 saskaņoja Vienotos dabasgāzes pārvades sistēmas lietošanas noteikumus šobrīd spēkā esošajā redakcijā. 3. Ievērojot, ka vienotajā dabasgāzes pārvades ieejas-izejas sistēmā iesaistītie dabasgāzes pārvades sistēmas operatori un regulatīvās iestādes ir vienojušās, ka sadarbība tiek īstenota angļu valodā, Vienoto dabasgāzes pārvades sistēmas lietošanas noteikumu jaunā redakcija izstrādāta un Igaunijas un Latvijas regulatīvajām iestādēm saskaņošanai iesniegta angļu valodā. 4. Vienoto dabasgāzes pārvades sistēmas lietošanas noteikumu jaunajā redakcijā ir mainīts dabasgāzes pārvades sistēmas jaudas piešķiršanas mehānisms ieejas un izejas punktā Kiemenai, nosakot, ka no 2025.gada 1.oktobra jauda tiks piešķirta izsoles veidā. Tiek noteikts, ka ieejas punkts aptvers arī punktu, kurā gāze tiek fiziski piegādāta vai komerciāli ievadīta sadales sistēmā, kas savienota ar pārvades sistēmu. Ir precizēts regulējums attiecībā uz dabasgāzes pārvades sistēmas jaudas piešķiršanu ieejas punktā no Pakrineeme sašķidrinātās dabasgāzes objekta, svītrots ieejas un izejas punkts Narva un Värska. Tiek precizēti pienākumi saistībā ar Eiropas Parlamenta un Padomes 2011.gada 25.oktobra regulu Nr. 1227/2011 par enerģijas vairumtirgus integritāti un pārredzamību. Vienlaikus ir veikti redakcionāli labojumi un precizējumi. 5. Vienoto dabasgāzes pārvades sistēmas lietošanas noteikumu jaunās redakcijas publisko apspriešanu AS "Conexus Baltic Grid" sadarbībā ar "Elering AS" organizēja no 2024.gada 22.novembra līdz 2024.gada 20.decembrim. Publiskās apspriešanas laikā saņemtos ieinteresēto personu priekšlikumus un komentārus "Elering AS" un AS "Conexus Baltic Grid" apkopoja priekšlikumu un komentāru apkopojumā (iesniegts Regulatorā). Ieinteresēto personu priekšlikumi daļēji ir ņemti vērā un attiecīgi precizēta Vienoto dabasgāzes pārvades sistēmas lietošanas noteikumu jaunā redakcija. 6. No Enerģētikas likuma 117.panta trešās daļas izriet Regulatora pienākums vienoties ar Igaunijas regulatīvo iestādi par dabasgāzes pārvades sistēmas operatoru izstrādāto noteikumu saskaņošanu. Latvijas un Igaunijas regulatīvās iestādes 2025.gada 19.maijā vienojās par Vienoto dabasgāzes pārvades sistēmas lietošanas noteikumu jaunās redakcijas virzīšanu saskaņošanai. 7. Ņemot vērā iepriekš minēto un Enerģētikas likuma 117.panta trešās daļas 1.punktā noteikto, Regulatoram ir jāsaskaņo Vienoto dabasgāzes pārvades sistēmas lietošanas noteikumu jaunā redakcija. Saskaņā ar likuma "Par sabiedrisko pakalpojumu regulatoriem" 9.panta pirmās daļas 1. un 9.punktu un otro daļu un Enerģētikas likuma 117.panta trešās daļas 1.punktu padome nolemj: 1. saskaņot vienotajā dabasgāzes pārvades ieejas-izejas sistēmā iesaistīto dabasgāzes pārvades sistēmas operatoru "Elering AS" un AS "Conexus Baltic Grid" izstrādātos Vienotos dabasgāzes pārvades sistēmas lietošanas noteikumus (pielikumā); 2. atcelt no 2025.gada 1.jūnija Sabiedrisko pakalpojumu regulēšanas komisijas 2024.gada 20.jūnija lēmumu Nr.37 "Par Vienoto dabasgāzes pārvades sistēmas lietošanas noteikumu saskaņošanu". Lēmums stājas spēkā ar tā parakstīšanas dienu. 1 https://likumi.lv/ta/id/353010-par-vienoto-dabasgazes-parvades-sistemas-lietosanas-noteikumu-saskanosanu Sabiedrisko pakalpojumu regulēšanas komisijas padomes priekšsēdētāja A. Ozola Pielikums Sabiedrisko pakalpojumu regulēšanas komisijas 2025. gada 29. maija lēmumam Nr. 41 Common Regulations for the Use of Natural Gas Transmission System 1. General provisions 2. Definitions 3. Conditions for the conclusion of the transmission service agreement 4. General conditions for access to the transmission services 5. Capacity allocation 6. Management of contractual congestion 7. Secondary capacity trading 8. Nomination and re-nomination 9. Allocation 10. Reconciliation 11. Operations and gas entry provisions 12. Suspension or interruption of the transmission system services 13. Invoicing and payments 14. Creditworthiness, credit management and collaterals 15. Dispute settlement and applicable law 16. Amendment and termination of the transmission service agreement 17. Liability and compensation for damage 18. Force majeure 19. Confidentiality 20. Processing of personal data 21. Closing provisions Annex 1. General provisions 1.1. This Regulation establishes the rights, obligations and information exchange procedure between the natural gas (hereinafter gas) transmission system operators of Estonia (Elering AS) and Latvia (AS Conexus Baltic Grid) (hereinafter referred to as TSO or jointly as TSOs) and the network users (hereinafter referred to as the network user) in relation to the use of the gas transmission systems (referred to as the transmission system), capacity booking, nominations and allocation within the common balancing zone comprising Estonia and Latvia. 1.2. This Regulation applies: 1.2.1. to both transmission systems within the territories of Estonia and Latvia; 1.2.2. to all network users who have entered into a legally binding balancing agreement and transmission service agreement with any TSO within the common balancing zone; 1.2.3. in a non-discriminatory manner to any type of gas that can be technically and safely injected into and transported through the transmission systems of the common balancing zone in accordance with the relevant national technical rules and safety standards applicable, provided that such gas meets the applicable gas quality requirements. 1.3. The entry points and exit points regulated under this Regulation, where the gas can be injected into or off-taken from the common balancing zone, are as follows: 1.3.1. entry/exit point Luhamaa (Russia-Estonia); 1.3.2. entry/exit point Balticconnector (Estonia-Finland); 1.3.3. entry/exit point Kiemenai (Lithuania-Latvia); 1.3.4. entry/exit point Inčukalns underground gas storage facility (Latvia); 1.3.5. exit point to Estonian domestic consumption; 1.3.6. exit point to Latvian domestic consumption; 1.3.7. entry point from Estonian production; 1.3.8. entry point from Latvian production; 1.3.9. entry point from Pakrineeme liquefied natural gas (hereinafter LNG) facility only during the validity of the LNG facility connection agreement or TSO-LNG facility cooperation agreement as LNG terminal or one-time cargo. 1.4. The applicant and the network user shall, when contacting the TSO in the situations outlined in this Regulation, provide information and documents to the TSO in either English or the national language of the country where the TSO has its registered office. The information and documents specified in this Regulation, when transmitted electronically, shall be signed with a secure electronic signature, unless otherwise agreed between the TSO and the applicant and the network user. 1.5. The transmission service agreement and any modifications therein shall align with the provision of this Regulation. 1.6. The terminology used in this Regulation holds the same meaning as set in European Union legislation unless otherwise specified in paragraph 2 of this Regulation. 2. Definitions 2.1. Additional capacity means the firm capacity of the entry or exit point made available in the event of congestion management or the submission of nomination capacity in excess of the network user's booked capacity. 2.2. Applicant means a legal person who submits an application to the TSO to acquire the rights to use the transmission system of the common balancing zone. 2.3. Capacity booking platform means an online platform for the auctioning of capacity. 2.4. Bundled capacity means a firm capacity product offered on a firm basis, which consists of the corresponding entry and exit capacity at both sides of an interconnection point. 2.5. Business day means any day from Monday to Friday that is not a public holiday in any of the countries in the common balancing zone as well as a working day transferred in accordance with the law of the respective country in the common balancing zone. 2.6. Capacity booking application means a request that a network user submits to the TSO regarding the booking of capacity using the standard communication protocol. 2.7. Central counterparty (hereinafter the CCP) means a legal person that (a) interposes itself between the counterparties of the contracts traded on a trading platform, becoming the buyer to every seller and the seller to every buyer; and (b) organizes the transfer of net positions resulting from capacity allocation. 2.8. Clearing transactions means a transaction between a CCP and a counterparty as a result of matching at a trading platform. 2.9. Common balancing zone means the common Estonian and Latvian balancing zone in which an imbalance position for each network user is determined and where this Regulation applies. 2.10. Common IT Platform means the IT platform for operational planning and information exchange with contracted parties within the Estonian-Latvian common balancing zone accessible at https://platform.conexus.lv/. 2.11. Connection agreement means the agreement between the connected party and the TSO concerning the connected party's connection to the transmission system. 2.12. Counterparty within the meaning of this Regulation means a natural or legal person making use of an adjacent gas transmission entry-exit system, gas storage facility or LNG facility, supplying gas to the network user at the entry or exit points of the transmission system, or the network user delivering gas to said person. 2.13. Capacity booking means the procedure of booking transmission capacity online using the standard communication protocol. 2.14. Domestic consumption is calculated by summing the gas off-taken from the exit point to the distribution system and the gas off-taken from the exit point to the consumer directly connected to the transmission system. 2.15. Energy identification code (hereinafter the EIC) means the identification code assigned to market participants in accordance with the Energy Identification Coding scheme. 2.16. Entry capacity means the available transmission system capacity at a given entry point. 2.17. Entry point means a physical location or virtual point where gas is physically delivered or commercially injected into the transmission system, or the distribution system connected to the transmission system. 2.18. Exit capacity means the available transmission system capacity at a given exit point. 2.19. Exit point means a physical location where the gas transmission ends and gas is injected into the adjacent transmission system, into the distribution system or directly into the consumption site that is connected to the transmission system or any other infrastructure. If the distribution system is connected to the transmission system at multiple physical points, all these points are considered a single exit point. 2.20. First-Come-First-Served principle (hereinafter FCFS principle) means the capacity allocation method when capacity is allocated primarily to the network users who have applied for capacity booking at the earliest. 2.21. Fixed delivery agreement means the type of gas sale-purchase agreement, where gas is supplied in accordance with a delivery schedule arranged in advance. 2.22. Flexible delivery agreement means the type of gas sale-purchase agreement that allows gas to be supplied in accordance with the network user's demand, with the flexibility to adjust the delivery schedule. 2.23. Gas day means a period from 05:00 to 05:00 UTC the following day in winter time and from 04:00 to 04:00 UTC the following day when daylight saving is applied. 2.24. Gas month means a period beginning on the first day, at 05:00 UTC, of each calendar month and ending on the first day, at 05:00 UTC, of the next calendar month (from 04:00 to 04:00 UTC when daylight saving is applied). 2.25. Gas quarter means the period from 05:00 UTC on 1 January to 05:00 UTC on 1 April (Q2); the period from 05:00 UTC on 1 April to 05:00 UTC on 1 July (Q3); the period from 05:00 UTC on 1 July to 05:00 UTC on 1 October (Q4); and the period from 05:00 UTC on 1 October to 05:00 UTC on 1 January (Q1) in the winter time (from 04:00 to 04:00 UTC when daylight saving is applied). 2.26. Gas year means a period beginning on 1 October at 05:00 UTC of each year and ending on 1 October at 05:00 UTC of the following year in the winter time (from 04:00 to 04:00 UTC when daylight saving is applied). 2.27. Imbalance means a situation where allocations to the transmission system by a network user differ from off-takes from the transmission system by that network user during the gas day. 2.28. Interruption means the limitation of the network user's rights to use the transmission system, i.e. the limitation of the right to transmit gas using booked firm or interruptible capacity. 2.29. LNG facility means a terminal that is used for the liquefaction of natural gas or the importation, offloading and re-gasification of LNG, including ancillary services and temporary storage necessary for the re-gasification process and subsequent delivery to the transmission system, excluding any part of LNG terminals used for storage. 2.30. LNG terminal is an LNG facility operated by an LNG system operator offering services to third parties. 2.31. Network user, as defined in this Regulation, means a person who has concluded a transmission service agreement and uses the transmission system service in the common balancing zone. 2.32. Production, as defined in this Regulation, refers to the gas that is injected into a transmission system or a distribution system connected to the transmission system from a production facility, directly connected or delivered to a physical entry point from a production facility by means of road transport. 2.33. Pro-rata means the principle of allocation of capacity when the available transmission capacity is allocated in proportion to the capacity booked by the network users. 2.34. Re-nomination means the subsequent reporting of a corrected nomination. 2.35. Reporting period means the time period of one month. 2.36. Third country, as defined in this Regulation, means the Russian Federation. 2.37. Transit, as defined in this Regulation, means the transmission of gas originating in a third country and designated for a third country through the territory of the common balancing zone and other adjacent balancing zones. 2.38. Transmission service agreement means the agreement concluded between the TSO and the network user, which entitles the network user to use the transmission systems of the common balancing zone and ensures the performance of the transmission service to the network user within the common balancing zone. 2.39. Long-Term Use It Or Lose It (hereinafter UIOLI) means the procedure for the reallocation of transmission system capacity systematically booked but not used in the case of the request of other network users for the firm capacity. 2.40. Virtual reverse flow means the virtual, commercial flow netted off from the physical forward flow, meaning the former can be allocated in the opposite direction when forward flow capacity has been nominated. 3. Conditions for the conclusion of the transmission service agreement 3.1. To obtain the right to use the transmission systems of the common balancing zone, the applicant must submit an electronic application for the conclusion of a transmission service agreement to the TSO with whom the balancing agreement has been concluded. The application shall be submitted in accordance with the provided application form, which can be found on the TSO's website. In addition to the application, the applicant is required to provide the following data and documents: 3.1.1. contact details of the representative(s) authorized to assume obligations on behalf of the applicant (including full name, title, phone number, e-mail address) and documents proving the right of the representative(s) to act on behalf of the applicant; 3.1.2. if the application is submitted by an authorised representative of the applicant, proof of representation shall be provided; 3.1.3. a document demonstrating that the applicant has registered its commercial activity in accordance with the laws and regulations of the relevant country; 3.1.4. a document certifying that no insolvency procedure has been announced for the applicant, that the economic activity of the applicant is not suspended and that the applicant is not undergoing liquidation. This document must be issued not later than one month prior to the day of submitting the application. 3.2. After the submission of the application, if there are any changes in the data or documents provided in the application, the applicant shall notify the TSO of such changes within three business days. 3.3. The TSO shall evaluate the application and documents provided within ten business days from the date of receipt thereof. The TSO may request that the applicant submit the missing documents and additional information, if necessary. 3.4. If the TSO requests additional information or documents, the applicant shall submit them within ten business days from the date of the request. If the applicant fails to submit the requested additional information or documents within the deadline, the application shall be considered withdrawn. 3.5. Once the applicant has submitted all the requested documents and additional information mentioned in sub-paragraphs 3.1 and 3.2 of the Regulation, the TSO shall, within five business days of receiving the documents and additional information, prepare the transmission service agreement. The TSO will then send the agreement to the applicant electronically or in written form by post for signing. 3.6. The applicant is required to return the signed transmission service agreement to the TSO electronically, or in two copies if the agreement is signed in written form, within ten business days from the date of dispatch of the transmission service agreement. Failure to return the signed transmission service agreement to the TSO within 15 business days from the date of dispatch will result in the applicant being considered to have withdrawn their application. 3.7. Upon receiving the signed transmission service agreement, the TSO shall sign the agreement within three business days and send one copy of the agreement back to the applicant. 3.8. The TSO shall send a motivated written refusal to conclude the transmission service agreement electronically or by post to the address indicated in the application within the time period established under the laws of the country where the TSO has its registered office. 3.9. Upon signing the transmission service agreement, the network user agrees to adhere to the terms of use of the Common IT platform as published on the TSO's website. 3.10. Upon the conclusion and throughout the validity of the transmission service agreement, in order to access transmission services, the network user is requested to provide appropriate collateral to ensure the fulfilment of their obligations under the agreement in accordance with the Annex of this Regulation. 4. General conditions for access to the transmission services 4.1. A network user, who injects gas into or off-takes from the transmission system of the common balancing zone, must book the corresponding entry or exit capacity at the entry points or exit points for using transmission services. 4.2. Transmission services are accessible to the network user: 4.2.1. via the website of the Common IT Platform; or 4.2.2. through direct connection to the Common IT Platform via the AS4 data exchange protocol in accordance with the conditions for access. 4.3. The details and principles of information exchange between the network user and the TSO on the Common IT Platform are set out in the information exchange guidelines, which are published on the TSO's website and the Common IT Platform. 4.4. The format of information exchange between the TSO and the network user follows the EDIG@S standard. 4.5. In order to access the Common IT Platform, the network user shall have concluded a transmission service agreement with the TSO and secured the fulfilment of contractual obligations in accordance with the Annex to the Regulation. 4.6. The capacity products are expressed and allocated in units of energy per unit of time (kWh/hour). 4.7. In order to access transmission services at an entry point where bundled capacity is offered, the network user shall also have a valid agreement for the use of transmission services with the adjacent transmission system operator. 4.8. In order to access transmission services at an entry point from Estonian or Latvian production or at an exit point to Estonian or Latvian domestic consumption, the network user shall have a respective producer entry point or a consumer exit point attributed to the network user's portfolio. 4.9. An entry point from Estonian or Latvian production or an exit point to Estonian or Latvian domestic consumption of a consumer directly connected to the transmission system can be assigned to a network user's portfolio at the beginning of a calendar month. 4.10. In order to assign an exit point to Latvian domestic consumption of a consumer directly connected to the transmission system or entry point from Latvian production to the network user's portfolio, the network user shall confirm the delivery request from the directly connected consumer to the transmission system of the exit point to Latvian domestic consumption or producer of an entry point from Latvian production at least ten business days before the start of the month in which the network user intends to begin the injection of the gas from an entry point from Latvian production or to off-take the gas at the exit point to Latvian domestic consumption of a consumer directly connected to the transmission system. 4.11. The removal of an assignation of an entry point from Latvian production or from an exit point to Latvian domestic consumption of a consumer directly connected to the transmission system to the network user portfolio can be done by submitting a cancellation statement by the network user, consumer or producer, as applicable, at least ten business days before the start of the month starting from which the network user shall stop the injection at an entry point from Latvian production or off-take at an exit point to Latvian domestic consumption of a consumer directly connected to the transmission system. 5. Capacity allocation 5.1. The capacity allocation mechanism specified in this Regulation applies to all entry points and all exit points with the exception of: 5.1.1. the entry/exit point of Inčukalns underground gas storage facility, as governed by the legal acts of Latvia applicable to the provision of third-party access services concerning storage facilities; 5.1.2. the exit point to Estonian domestic consumption; 5.1.3. the exit point to Latvian domestic consumption. 5.2. At the entry/exit point of Balticconnector, the capacity is allocated by implicit capacity allocation rules in accordance with sub-paragraph 5.7 and using virtual reverse flow in accordance with sub-paragraph 6.55 of this Regulation. 5.3. At Luhamaa entry exit point, the capacity shall be allocated as transit in accordance with sub-paragraph 5.10 of this Regulation. 5.4. At the entry/exit point Kiemenai: 5.4.1. capacity is offered as bundled capacity; 5.4.2. for daily and within-day capacity products, the capacity is allocated based on implicit capacity allocation rules in accordance with sub-paragraph 5.7.2 of this Regulation, and from October 1st, 2025, the capacity is allocated also on the capacity booking platform operated by a third party in accordance with sub-paragraph 5.11 of this Regulation. 5.4.3. for yearly, quarterly, monthly products starting from October 1st, 2025, the capacity is allocated on the capacity booking platform operated by a third party in accordance with sub-paragraph 5.11 of this Regulation. 5.4.4. for quarterly, monthly products ending before 1st of October 2025, the capacity is allocated by pro rata principle in accordance with sub-paragraph 5.9. of this Regulation; 5.4.5. for daily and within day products ending before 1st of October 2025, capacity is allocated by FCFS principle in accordance with sub-paragraph 5.8. of this Regulation; 5.4.6. for within-day interruptible capacity products, the capacity is allocated by over-nomination procedure; 5.4.7. the congestion management rules in accordance with paragraph 6 of this Regulation apply; 5.4.8. if there is more available firm capacity on the Latvian side of the Kiemenai entry/exit point than on the Lithuanian side, the Lithuanian TSO can offer a relevant interruptible capacity product in accordance with the contract between the two TSOs. In such cases, the TSO may offer the extra capacity as an unbundled product to network users, using the FCFS principle for capacity allocation; 5.4.9. if all available capacity, excluding capacity intended for implicit capacity allocation, is already booked at the Kiemenai entry/exit point, the TSOs must offer interruptible capacity to network users. The amount of interruptible capacity offered should be at least equal to the booked capacity that is not nominated, and this offering should be done on a daily and within-day basis. 5.5. At entry points from Pakrineeme LNG facility: 5.5.1. the capacity is allocated exclusively to the LNG facility operator after the verification of the connection agreement application by the Estonian TSO, or during the validity period of the connection contract, or the validity period of the TSO-LNG facility cooperation agreement. The Pakrineeme connection agreement can be concluded with Estonian TSO based on the FCFS principle as outlined in Estonian TSO terms and conditions for connecting to the gas transmission network at Elering AS; 5.5.2. when offering and allocating capacity at an entry point from Pakrineeme, the impact of flows arising from announced annual services schedules of regional LNG terminals (including Inkoo LNG, Hamina LNG, Pakrineeme LNG, and Klaipeda LNG entry points) shall be considered in the order that the annual service schedules were published; 5.5.3. if the LNG facility operates as an LNG terminal, the terminal operator provides third-party access services in accordance with EU Regulation 2024/1789 and the rules for capacity allocation to third-parties shall be defined in the LNG terminal rules as approved by the national regulator; 5.5.4. if the LNG facility has a verified connection agreement application or, a connection agreement for a one-time cargo injection into the transmission system with Estonian TSO: 5.5.4.1. the network user shall submit capacity booking applications for the standard capacity products listed in sub-paragraph 5.8.1. These applications must cover the period required for the cargo injection into the transmission system, not exceeding the duration of the connection agreement, in accordance with sub-paragraph 4.2 of this Regulation; 5.5.4.2. upon receiving the capacity booking request, the TSO shall notify the network user of the receipt of the request and provide the status of the received capacity booking request within one hour, in accordance with sub-paragraph 4.2 of this Regulation; 5.5.4.3. if the firm capacity requested by the network user exceeds the available capacity and the network user has not indicated a minimum acceptable quantity, the TSO shall reject the capacity booking application and immediately notify the network user in accordance with sub-paragraph 4.2 of this Regulation. If the minimum acceptable quantity indicated by the network user is higher than the available capacity, the TSO shall reject the capacity booking application and immediately notify the network user in accordance with sub-paragraph 4.2 of this Regulation. If the minimum acceptable quantity indicated by the network user is less than or equal to the available capacity, the TSO shall allocate the available capacity; 5.5.4.4. the TSO shall make the capacity allocated available to the network user not later than the next calendar day. 5.6. At the entry points from Estonia and Latvia, production capacity is allocated in the measured amount. 5.7. Implicit capacity allocation 5.7.1. Implicit capacity allocation at the entry/exit point Balticconnector 5.7.1.1. The capacity for network users shall be allocated by implicit capacity allocation based on the confirmed quantity that has undergone the TSO's processing of nominations and the matching process in accordance with paragraph 8 of this Regulation. 5.7.1.2. The capacity for network users shall be allocated by implicit capacity allocation based on the trading activities conducted at the trading platform(s) using a daily quota. The capacity allocation will be determined according to the trades concluded, as described in sub-paragraph 5.7.2 of this Regulation. 5.7.2. Implicit capacity allocation rules via trading platform at the entry/exit points Kiemenai and Balticconnector 5.7.2.1. The TSOs shall offer a part of the capacity via the trading platform(s) that have entered into an implicit capacity allocation service agreement with the TSOs. 5.7.2.2. The implicit capacity allocation method shall be applicable to at least the daily standard capacity product. If the TSO receives a request from a network user to provide other capacity products, the TSO shall offer such capacity products in cooperation with the relevant service provider and within a reasonable implementation timeframe. 5.7.2.3. The TSO shall publish on its website the information regarding the trading platform(s) that offers implicit capacity allocation and the amount of capacity available for trading on the trading platform(s). 5.7.2.4. The amount of capacity given for implicit capacity allocation via the trading platform(s) is determined based on historical data and the principle of minimizing capacity shortage, whether for implicit capacity allocation via a trading platform or for implicit capacity allocation via confirmed quantity. If, on the previous day, all capacity given to trading platform(s) was fully allocated, the trading platform(s) may request a five per cent increase in the given capacity. Conversely, if on the previous day, all capacity available for allocation via confirmed quantity and all capacity given to trading platform(s) was not fully allocated, the amount of capacity given to the trading platform(s) is reduced by five per cent. 5.7.2.5. The TSO shall treat all trading platforms offering implicit capacity allocation equally. 5.7.2.6. The amount of capacity given to each trading platform for implicit capacity allocation is determined through an agreement between the TSO and the trading platform operator. Any change in the amount of capacity given is communicated through the TSO's respective website at least three days prior to the change. 5.7.2.7. The trading platform is required to return the residual amount of capacity given for allocation by the deadline agreed between the trading platform and the TSO. For capacity at the Kiemenai entry/exit point given for implicit capacity allocation for gas day D, no part shall be returned until the end of gas day D. 5.7.2.8. The TSO is responsible for coordinating all the offered capacity values given to the trading platform for implicit capacity allocation, ensuring maximum utilization of the capacity amount, by the deadline agreed between the trading platform and the TSO. 5.8. Capacity allocation using the FCFS principle 5.8.1. Standard long term and short-term capacity products for firm capacity and interruptible capacity (except bundled capacity) at entry/exit points where capacity allocation using the FCFS principle is applied: 5.8.1.1. the long-term capacity product: the yearly standard capacity product, which is offered in the same amount for all gas days of one gas year starting on 1 October, except Kiemenai entry/exit point; 5.8.2. the short-term capacity products: 5.8.2.1. quarterly standard capacity product: this capacity product is offered in the same amount for all gas days within a specific quarter. Quarter starts on 1 October, 1 January, 1 April or 1 July, respectively, except Kiemenai entry/exit point; 5.8.2.2. monthly standard capacity product: this capacity product is offered in the same amount for all gas days within a calendar month, starting from the first day of each month, except Kiemenai entry/exit point; 5.8.2.3. the daily standard capacity product: this capacity product is offered on a daily basis in the same amount for the entire gas day; 5.8.2.4. the within-day standard capacity product: this capacity product is offered in the same amount from a specific start time within a particular gas day until the end of the same gas day. 5.8.3. Long-term capacity product allocation using FCFS principle: 5.8.3.1. The network user shall submit the capacity booking application for a long-term standard capacity product three months before the beginning of the gas year. The application must be submitted by 13:00 UTC (or 12:00 UTC if daylight saving is applicable) on the day before respective gas year, in accordance with sub-paragraph 4.2 of this Regulation. 5.8.3.2. The TSO shall inform the network user of the allocated firm capacity no later than the next working day after the deadline for submission of the capacity booking application. This notification should be sent by 12:30 UTC (or 11:30 UTC if daylight saving is applicable) to the network user in accordance with sub-paragraph 4.2 of this Regulation. 5.8.4. On short-term capacity product allocation using the FCFS principle, the network user shall submit short-term capacity booking applications within the following periods: 5.8.4.1. for the daily standard capacity product, starting 14 gas days before the gas month, including the respective gas day, until 13:00 UTC on gas day D-1; 5.8.4.2. for the within-day standard capacity product, not earlier than the confirmation deadline of nomination at 15:00 UTC (or 14:00 UTC if daylight saving is applicable) on gas day D-1 and not later than three hours before the end of the gas day; 5.8.4.3. for the daily interruptible capacity product, starting from 07:00 UTC (or 08:00 UTC if daylight saving is applicable) on gas day D-1 until 13:00 UTC on gas day D-1; 5.8.4.4. for the within-day interruptible capacity product, starting from 15:00 UTC (or 14:00 UTC if daylight saving is applicable) on gas day D-1 until three hours before the end of the gas day. 5.8.5. Upon receiving the capacity booking request, the TSO shall notify the network user of the receipt of the request and provide the status of the received capacity booking request within one hour in accordance with sub-paragraph 4.2 of this Regulation. 5.8.6. If the firm capacity requested by the network user exceeds the available capacity and the network user has not indicated a minimum acceptable quantity, the TSO shall reject the capacity booking application and immediately notify the network user in accordance with sub-paragraph 4.2 of this Regulation. If the minimum acceptable quantity indicated by the network user is higher than the available capacity, the TSO shall reject the capacity booking application and immediately notify the network user in accordance with sub-paragraph 4.2 of this Regulation. If the minimum acceptable quantity indicated by the network user is less than or equal to the available capacity, the TSO shall allocate the available capacity. 5.8.7. The TSO shall make the capacity allocated available to the network user not later than the next calendar day. 5.8.8. When notifying the network user of the allocated short-term capacity at a specific entry point and exit point, the TSOs shall publish the total capacity allocated in a transparent and effective manner. 5.8.9. Special conditions for interruptible capacity 5.8.9.1. The TSO shall be entitled to offer interruptible capacity at the entry points and the exit points of the common balancing zone with a duration of more than one day if the corresponding firm monthly, quarterly or yearly capacity products have been sold out or have not been offered. The TSO shall be entitled to offer interruptible daily capacity at the entry or exit points if the firm capacity for the following gas day has been sold out or has not been offered. 5.8.9.2. The TSO shall publish information about interruptible capacity in accordance with sub-paragraph 4.2 of this Regulation. 5.8.9.3. If the TSO deems it necessary to interrupt the provision of interruptible capacity to the network users in order to accommodate the provision of firm capacity, the interruption will be implemented by first interrupting the capacity for the network users who were the last to book interruptible capacity. 5.8.9.4. The TSO shall notify network users of the capacity interruption for the allocated interruptible capacity at least 90 minutes in advance in the matching timeframe. This notification is done by providing an interruption notice to the network user in accordance with sub-paragraph 4.2 of this Regulation. 5.8.9.5. The TSO has the right to modify the gas quantity requested under a nomination or re-nomination for interruptible capacity in order to manage contractual congestion. 5.8.9.6. In the case of the unavailability of the booked capacity due to the planned or unplanned unavailability of technical capacity at the Kiemenai entry/exit point, capacity shall be restricted proportionally among network users in the following order: first, interruptible capacity of the shortest period; followed by interruptible capacity of a longer period. If the capacity demand still exceeds the supply, firm capacity of a shorter period will be restricted, and if necessary, firm capacity of a longer period. 5.9. Capacity allocation using pro-rata principle at Kiemenai entry and exit point for capacity products till October 1st, 2025 5.9.1. The network user shall submit capacity booking applications in accordance with sub-paragraph 4.2 of this Regulation within the following periods: 5.9.1.1. for the quarterly bundled capacity standard products: 5.9.1.1.1. starting 45 gas days before the third gas quarter until 35 gas days before the third gas quarter for the remaining gas quarters in the respective gas year; 5.9.1.1.2. starting 45 gas days before the fourth gas quarter until 35 gas days before the fourth gas quarter for the fourth gas quarter in the respective gas year. 5.9.1.2. for the monthly bundled capacity standard product: 5.9.1.2.1. starting 30 gas days before the gas quarter including the gas month until 20 gas days before the beginning of the respective gas quarter for the gas months in the second, third and fourth gas quarter of the respective gas year; 5.9.1.2.2. starting 30 gas days before the second gas month of the gas quarter including the gas month until 20 gas days before the second gas month of the respective gas quarter; 5.9.1.2.3. starting 30 gas days before the third gas month of the gas quarter including the gas month until 20 gas days before the third gas month of the respective gas quarter. 5.9.2. After receiving the capacity booking application, the TSO shall notify the network user of receiving the capacity booking request within one hour of received request in accordance with sub-paragraph 4.2 of this Regulation. 5.9.3. TSO shall notify the network user of receiving the capacity booking request not later than by the next working day which follows the deadline of the submission of the capacity booking application at 12:30 UTC (or 11:30 UTC if daylight saving is applicable), and provide the status of the received request in accordance with sub-paragraph 4.2 of this Regulation. 5.9.4. The capacity allocation using the pro-rata principle shall be carried out by assessing the last capacity booking application submitted by the network user before the deadline for the submission of the capacity booking application for the relevant capacity product. 5.9.5. A network user can submit capacity booking application for the available capacity of the respective capacity product. If the capacity requested by the network user exceeds the available capacity of the respective capacity product, the capacity requested by the network user is considered equal to the available capacity. 5.9.6. If the capacity requested by network users' capacity booking applications for the respective capacity product does not exceed the available capacity, all requested capacity is allocated to network users according to their capacity booking applications. 5.9.7. If the capacity requested by network users' capacity booking applications for the respective capacity product exceeds the available capacity, capacity for each network user is allocated using the pro-rata principle. 5.10. Capacity allocation for the transit at entry/exit point Luhamaa 5.10.1. The TSO shall allocate entry capacity for the transit as a daily capacity product in accordance with the transit notification submitted by the third country TSO, provided that the corresponding exit capacity of the common balancing zone is booked by the network user requesting transit. 5.10.2. The third country TSO shall submit a transit notification to the TSO in writing, confirmed by the network user requesting transit, at least two weeks before the actual commencement of the transit. The transit notification shall include the following information: 5.10.2.1. the transit entry point; 5.10.2.2. the transit exit point; 5.10.2.3. the time period during which the transit must be provided; 5.10.2.4. the required transit capacity per day within the time period when transit must be provided (kWh/day); 5.10.2.5. the EIC code of the network user requesting transit. 5.10.3. The TSO shall, not later than three working days after the submission of the transit notification, inform the network user of the allocated firm capacity and make the capacity available for the network user in accordance with sub-paragraph 4.2 of this Regulation. 5.10.4. Transit exit allocations can be modified by the TSO in the case of a mismatch between transit entry allocations and exit nominations. 5.10.5. The capacity allocation request for transit can be rejected in order to minimize the impact on other network users and ensure the security of supply. 5.11. Capacity allocation procedure at Kiemenai entry/exit point using the third-party capacity booking platform: 5.11.1. Eligibility to participate in a capacity allocation auction shall be granted to a network user who has entered into a contract with the party operating the capacity booking platform. 5.11.2. Prior to the capacity allocation auction, the following information shall be published on the capacity booking platform website: 5.11.2.1. the capacity available at Kiemenai entry/exit point to be allocated on the capacity booking platform; 5.11.2.2. the amount of capacity to be allocated on the capacity booking platform by capacity products; 5.11.2.3. the date of the capacity allocation auction; 5.11.2.4. the value of small or large price step - ascending clock auctions; 5.11.2.5. the lowest price - uniform-price auction. 5.11.3. The TSO shall publish the information referred to in paragraph 5.11.2 of the Regulation not later than: 5.11.3.1. 30 calendar days before the start of the auction for the allocation of products for the year; 5.11.3.2. 14 calendar days before the start of the quarterly product allocation auction; 5.11.3.3. 7 calendar days before the start of the monthly product allocation auction; 5.11.3.4. at the start of the daily product allocation auction; 5.11.3.5. at the end of the daily product allocation auction and each time before the start of the auctions for the allocation of the within-day capacity products. 5.11.4. For interruptible capacity products, the TSO shall publish on its website the proposed interruptible capacity products before the start of the capacity allocation auction. 5.11.5. Capacity allocation as auction shall take place on the dates specified in the auction calendar and in accordance with the regulation of the capacity booking platform. 5.11.6. The auctioning of annual, quarterly and monthly products shall be carried out using ascending clock auctions. Daily and within-day allocation shall be auctioned using a uniform-price auction. 6. Management of contractual congestion 6.1. In order to optimize the utilization of firm capacity and enable network users to book only the necessary capacity, the TSO shall implement the following congestion management measures at Kiemenai entry and exit points: 6.1.1. surrender of contracted capacity; 6.1.2. long-term UIOLI mechanism; 6.1.3. over-subscription and buy-back scheme. 6.2. Surrender of contracted capacity 6.2.1. The network user may submit a capacity surrender application for the firm capacity: 6.2.1.1. that has been booked at common IT platform. This application must be submitted to the TSO after the capacity allocation is confirmed but not later than 08:00 UTC (or 07:00 UTC if daylight saving is applicable) on gas day D-1 in accordance with sub-paragraph 4.2 of this Regulation. 6.2.1.2. That has been booked at capacity booking platform by surrendering at capacity booking platform in accordance with capacity booking regulations. 6.2.2. The interruptible capacity cannot be surrendered. 6.2.3. A capacity surrender request is considered a surrender for either part of or the entire duration of the booked capacity. This means that partial surrender of a capacity product period is also possible. The capacity surrender request shall be in full gas days. 6.2.4. The TSO shall accept the surrender of firm capacity that has been booked by the network user. This acceptance applies to all firm capacity products, except within-day capacity products. The surrendered capacity from the network user portfolio is then re-allocated in order of capacity product length, starting with shorter capacity products and progressing to longer capacity products. 6.2.5. The TSO shall re-allocate a part or all of the capacity offered only if there is a contractual congestion on the relevant entry or exit point. 6.2.6. The TSO, having received the network user's capacity surrender application, shall publish information on the quantity of available capacity in the relevant entry or exit point on the Common IT Platform. 6.2.7. The TSO shall re-allocate the surrendered capacity if another network user wishes to book the firm capacity at the specific entry or exit point. The surrendered capacity shall be re-allocated after the available capacity determined before the surrender of capacity has been allocated. 6.2.8. If the TSO receives a surrender application from several network users, the TSO should re-allocate the surrendered capacity to the extent that there is demand for it in the order of receipt of capacity surrender applications. 6.2.9. The TSO shall notify the network user who surrendered the capacity on the reallocation of the surrendered capacity in accordance with sub-paragraph 4.2 of this Regulation. 6.2.10. The rights and obligations arising from the transmission service agreement shall be retained by the network user until such time and extent that any part of the capacity surrendered is reallocated by TSO. 6.2.11. If the TSO re-allocates the surrendered capacity in part or in full, the network user receiving the surrendered capacity shall be liable to pay for the re-allocated surrendered capacity based on the applicable capacity product tariff at the time of capacity product booking by the network user surrendering the capacity. The payment obligation shall only apply to the extent of the surrendered capacity, starting from the shortest period capacity product. 6.2.12. Upon re-allocation of the surrendered capacity, the network user surrendering the capacity shall be released from the payment obligation for the amount of the reallocated surrendered capacity, starting from the shortest period capacity product. 6.2.13. The TSO shall re-allocate the surrendered capacity as available capacity following the capacity allocation principles outlined in paragraph 5 of this Regulation. The network user shall refrain from taking any action that may hinder the remarketing of the capacity. 6.3. Long-Term UIOLI mechanism 6.3.1. The TSO reserves the right to enforce the transfer of yearly booked capacity on a UIOLI basis if at least one of the following circumstances applies: 6.3.1.1. The network user consistently uses less than 80% of its contracted capacity, on average, during both the periods from 1 April until 30 September and from 1 October until 31 March, provided that the effective agreement duration is more than one year. Furthermore, if the network user fails to provide proper justification to the TSO for this underutilization; 6.3.1.2. The network user at a given entry or exit point systematically nominates more than 80% of the booked capacity product and re-nominates it downwards below 80%. 6.3.2. If the TSO determines that the circumstances specified in sub-paragraph 6.33.1 of this Regulation are applicable, the TSO shall notify the respective network user about the underutilised capacity in accordance with sub-paragraph 4.2 of this Regulation. 6.3.3. Upon receiving the notification from the TSO regarding the underutilisation, the relevant network user shall, within ten calendar days, either sell the underutilised capacity on the secondary market or surrender the capacity back to the TSO. 6.3.4. The network user shall retain its rights and obligations under the transmission service agreement until the capacity is re-allocated by the TSO. Furthermore, these rights and obligations shall apply to the extent that the capacity has not been re-allocated by the TSO. 6.3.5. If the network user fails to comply with the provisions stated in sub-paragraph 6.33.3 of this Regulation, the network user loses the right to use the unused part of the booked capacity. 6.4. Oversubscription and buy-back scheme 6.4.1. Upon receiving a network user's capacity booking application, and in cases of contractual congestion, the TSO shall assess the statistical data of the booked and used capacity at a specific entry or exit point during the previous period. If it is determined that not all technical capacity at that point has been historically utilized, taking into account various possible scenarios of the unused capacity during the specific period, the TSO shall offer additional capacity to the market, i.e. capacity exceeding technical capacity. 6.4.2. When offering additional capacity, the TSO shall take into account the associated potential risks and the likelihood of repurchase of capacity in the market. 6.4.3. The network user shall submit an additional capacity booking application for gas day D not later than 08:00 UTC (or 07:00 UTC if daylight saving is applicable) on gas day D-1. The TSO shall calculate the additional capacity not later than 10:00 UTC (or 09:00 UTC if daylight saving is applicable) on gas day D-1. The TSO shall inform network users about the availability of additional capacity via the Common IT Platform. If gas day D-1 falls on an official holiday or a weekend day, the network user shall submit the additional capacity booking application on the last working day preceding gas day D-1. The TSO shall calculate the additional capacity and inform network users accordingly. 6.4.4. If all network users intend to use 100% of the capacity booked and the TSO is unable to accommodate the demands of the network users, the TSO shall initiate the capacity buy-back procedure, aiming to repurchase the excess capacity booked that has been booked beyond the available technical capacity from the network users in the secondary market. 6.4.5. The TSO is obliged to notify the network users about the quantity and price of buy-back capacity that will be redeemed for a capacity product. This notification must be provided not later than 10:00 UTC (or 09:00 UTC if daylight saving is applicable) on gas day D in accordance with sub-paragraph 4.2 of this Regulation. 6.4.6. The price of the buy-back capacity must not exceed the price set for the within-day capacity on the gas day when the buy-back procedure is applied, multiplied by coefficient 3. 6.4.7. Network users who have booked firm capacity products for the gas day for which the buy-back procedure is applied may offer capacity to TSO for the capacity buy-back procedure. 6.4.8. A network user participating in the capacity buy-back procedure shall submit an offer to sell back capacity to the TSO not later than 12:00 UTC (or 11:00 UTC if daylight saving is applicable) on gas day D in accordance with sub-paragraph 4.2 of this Regulation. When submitting the offer, the network user is requested to specify the quantity and price of the capacity being offered for buy-back. 6.4.9. The TSO shall have the right to uphold the offer for capacity buy-back submitted by the network user either in full or in part. 6.4.10. The TSO shall buy-back capacity based on the principle of the lowest price, i.e. the TSO will first repurchase the capacity with the lowest price offered by the network users. 6.4.11. The TSO is requested to notify the network user of its decision to consent to the buy-back of capacity and provide information about the buy-back amount not later than 14:00 UTC (or 13:00 UTC if daylight saving is applicable) of gas day D in accordance with sub-paragraph 4.2 of this Regulation. 6.4.12. Upon receiving the information from the TSO regarding the capacity to be bought back, the network user is required to submit a (re)nomination. This (re)nomination shall reflect a reduction in the gas volume to be transported by the amount equivalent to the capacity that has been sold back. 6.4.13. If, after the capacity buy-back procedure, the TSO in unable to fulfil all the approved nominations for gas day D, the TSO shall restrict the application of firm standard capacity products. The restriction will be applied in the following order: first, the application of the shortest standard capacity products, starting with within-day capacity, will be restricted; then, for firm standard capacity products of the same duration, the restriction will be proportionate to the amount of nomination submitted for gas day D. 6.5. Virtual reverse flow at entry/exit point Balticconnector 6.5.1. In order to increase available capacity, the TSO at entry/exit point Balticconnector, in addition to technical capacity, offers virtual capacity based on virtual reverse flow. 6.5.2. The amount of virtual capacity offered in nomination and re-nomination cycles in each direction is equal to the total amount of confirmed nominations in the opposite direction (excluding confirmed nominations by the trading platform). 7. Secondary capacity trading 7.1. A network user who has booked firm capacity products may bilaterally agree with another network user to transfer the right to use the firm capacity either in its entirety or a portion thereof. Secondary capacity trading is limited to the transfer of rights to use capacity at a specific entry/exit point for a specific time period. The transfer of the capacity product does not include the transfer of an …