Par Vienoto dabasgāzes pārvades sistēmas lietošanas noteikumu saskaņošanu

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Nr. 54, 2. p.) Par Vienoto dabasgāzes pārvades sistēmas lietošanas noteikumu saskaņošanu Sabiedrisko pakalpojumu regulēšanas komisija (turpmāk - Regulators) 2022.gada 28.novembrī 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"), 2022.gada 25.novembra iesniegumu Nr.COR-N-2022/2670 ar lūgumu saskaņot AS "Conexus Baltic Grid" un Igaunijas dabasgāzes pārvades sistēmas operatora "Elering", AS, vienotais reģistrācijas numurs: 11022625, juridiskā adrese: Kadaku tee 42, 12915, Tallina (turpmāk - Elering, AS), kopīgi izstrādāto vienotās dabasgāzes pārvades ieejas-izejas sistēmas lietošanas noteikumu (turpmāk - Vienotie dabasgāzes pārvades sistēmas lietošanas noteikumi) jauno redakciju. Regulators konstatē un secina 1. Enerģētikas likuma 117.panta trešā daļa 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, kuriem jābūt objektīvi pamatotiem, ekonomiski attaisnotiem, taisnīgiem, vienlīdzīgiem, atklātiem un pieejamiem 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 2022.gada 4.augusta lēmumu Nr.120 "Par vienotās dabasgāzes pārvades ieejas-izejas sistēmas lietošanas noteikumu saskaņošanu"1 saskaņoja Vienotos dabasgāzes pārvades sistēmas lietošanas noteikumus. 3. Ievērojot, ka vienotās dabasgāzes pārvades ieejas-izejas sistēmas dabasgāzes pārvades sistēmas operatori un regulatīvās iestādes ir vienojušās, ka sadarbība tiek īstenota angļu valodā, Vienoto dabasgāzes pārvades sistēmas lietošanas noteikumu projekts izstrādāts un attiecīgajām regulatīvajām iestādēm saskaņošanai iesniegts angļu valodā. 4. Vienoto dabasgāzes pārvades sistēmas lietošanas noteikumu grozījumu projekta publisko apspriešanu AS "Conexus Baltic Grid" sadarbībā ar Elering, AS organizēja no 2022.gada 10.novembra līdz 2022.gada 18.novembrim2. Regulators ar 2022.gada 17.novembra elektronisko sūtījumu Nr.2-2.43/3431 Regulatora un Igaunijas regulatīvās iestādes vārdā sniedza atzinumu par Vienoto dabasgāzes pārvades sistēmas lietošanas noteikumu grozījumu projektu. Atzinumā izteiktie komentāri būtiskākajos jautājumos ņemti vērā. 5. 2022.gada 14.jūlija grozījumi Enerģētikas likuma 106.panta ceturtajā daļā, kuri stāsies spēkā 2023.gada 1.janvārī, noteic, ka dabasgāzes piegāde no Krievijas Federācijas (turpmāk - trešā valsts) ir aizliegta. Ja saskaņā ar Enerģētika likuma 117.panta pirmo daļu dabasgāzes pārvades sistēmas operatori ir vienojušies par vienotās dabasgāzes pārvades ieejas-izejas sistēmas izveidi, vienotais dabasgāzes pārvades un uzglabāšanas sistēmas operators vai 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 kārtību, kādā nodrošina aizliegumu piegādāt dabasgāzi no Krievijas Federācijas. Igaunijas Republikā arī veiktas izmaiņas normatīvajā regulējumā, nosakot dabasgāzes importa aizliegumu no trešās valsts. Pamatojoties uz minētajiem regulējuma grozījumiem, Vienotie dabasgāzes pārvades sistēmas lietošanas noteikumi izteikti jaunā redakcijā, nosakot, ka: 5.1. attiecībā uz trešās valsts izcelsmes dabasgāzi sistēmas lietotājiem ir iespējams tikai tranzīts, tas ir, trešās valsts izcelsmes dabasgāzes transportēšana uz trešo valsti caur kopējo balansēšanas zonu un citām tai blakus esošām balansēšanas zonām; 5.2. ieejas jaudu tranzītam piešķir saskaņā ar trešās valsts pārvades sistēmas operatora iesniegto tranzīta paziņojumu, ja sistēmas lietotājs, kurš pieprasa tranzītu, ir rezervējis atbilstošu kopējās balansēšanas zonas izejas jaudu; 5.3. pārvades sistēmas operators tranzīta paziņojumā noteikto tranzīta jaudas piešķiršanas pieprasījumu var noraidīt, lai samazinātu ietekmi uz citiem sistēmas lietotājiem un veicinātu piegādes drošību. 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 2022.gada 28.novembrī vienojās par Vienoto dabasgāzes pārvades sistēmas lietošanas noteikumu jaunās redakcijas virzīšanu saskaņošanai. 7. Igaunijas regulatīvā iestāde 2022.gada 30.novembrī pieņēma lēmumu Nr.7-10/2022-011 par Vienoto dabasgāzes pārvades sistēmas lietošanas noteikumu apstiprināšanu. 8. 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, Enerģētikas likuma 117.panta trešās daļas 1.punktu padome nolemj: 1. saskaņot vienotās dabasgāzes pārvades ieejas-izejas sistēmas dabasgāzes pārvades sistēmas operatoru Elering, AS un AS "Conexus Baltic Grid" izstrādātos Vienotos dabasgāzes pārvades sistēmas lietošanas noteikumus, nosakot to spēkā stāšanās dienu 2022.gada 30.decembris; 2. no 2022.gada 30.decembra atcelt Sabiedrisko pakalpojumu regulēšanas komisijas 2022.gada 4.augusta lēmumu Nr.120 "Par vienotās dabasgāzes pārvades ieejas-izejas sistēmas lietošanas noteikumu saskaņošanu". Lēmums stājas spēkā ar tā parakstīšanas dienu. 1 https://likumi.lv/ta/id/334646-par-vienoto-dabasgazes-parvades-sistemas-lietosanas-noteikumu-saskanosanu 2 https://www.conexus.lv/aktualitates-sistemas-lietotajiem/publiska-apspriesana-par-aizlieguma-dabasgazes-piegadei-no-krievijas-federacijas-nodrosinasanu un https://elering.ee/en/current-consultations#tab1 Sabiedrisko pakalpojumu regulēšanas komisijas padomes priekšsēdētāja A. Ozola Pielikums Sabiedrisko pakalpojumu regulēšanas komisijas 2022. gada 8. decembra lēmumam Nr. 267 Common Regulations for the Use of Natural Gas Transmission System 1. General provisions 2. Definitions 3. Procedure for the conclusion of transmission service agreement 4. Capacity allocation 5. Management of contractual congestion 6. Secondary capacity trading 7. Nomination and re-nomination 8. Allocation 9. Reconciliation 10. Operations and gas entry provisions 11. Suspension or restriction of the transmission system service 12. Invoicing and settlement 13. Creditworthiness, credit management and collaterals 14. Dispute settlement and applicable law 15. Amendment and termination of the transmission service agreement 16. Liability 17. Force majeure 18. Confidentiality 19. Closing Provisions Annexes 1 General provisions 1.1 This Regulation sets out the rights and obligations and the information exchange procedure between the natural gas (hereinafter - gas) transmission system operators of Estonia and Latvia (hereinafter - the TSO and, where appropriate, jointly TSOs) and the gas transmission network users (hereinafter - network user) in relation to the use of the gas transmission systems (hereinafter - transmission system), capacity booking, nominations and allocation in the common balancing zone consisting of Estonia and Latvia. 1.2 This Regulation shall apply: 1.2.1 to both transmission systems in the territory of Estonia and Latvia; 1.2.2 to all network users that have concluded a legally binding balancing agreement and the transmission service agreement with any TSO in the common balancing zone; 1.2.3 in a non-discriminatory way to any type of gas in so far as such gas can technically and safely be injected into, and transported through the transmission systems of the common balancing zone in accordance with the applicable relevant national technical rules and safety standards, provided that such gas complies with the applicable gas quality requirements. 1.3 The entry/exit points regulated under this Regulation, where the gas can be input or off-taken from the common balancing zone are: 1.3.1 entry/exit Värska (Russia-Estonia); 1.3.2 entry/exit Luhamaa (Russia-Estonia); 1.3.3 entry/exit Narva (Russia-Estonia). 1.3.4 entry/exit Balticconnector (Estonia-Finland); 1.3.5 entry/exit Kiemenai (Lithuania-Latvia); 1.3.6 entry/exit Inčukalns underground gas storage facility (Latvia); 1.3.7 exit to Estonian domestic consumption; 1.3.8 exit to Latvian domestic consumption; 1.3.9 entry from Estonian production; 1.3.10 entry from Latvian production; 1.3.11 entry/exit liquefied natural gas (hereinafter - LNG) facility. 1.4 The network user shall, when contacting the TSO in the cases provided for in this Regulation, submit information and documents to the TSO either in English or the national language of the country where the TSO has its registered office. The information and documents laid down in this Regulation and sent electronically shall be signed with a secure electronic signature, unless the TSO and the network user agree otherwise. 1.5 The transmission service agreement and any amendments contained therein shall be consistent with this Regulation. 1.6. The terms used in this Regulation shall have same meaning as in European Union legislation. 2 Definitions 2.1 Additional capacity means capacity of entry or exit point made available in the event of congestion management, or in the event of submission of nominations capacity in excess of the network user's booked capacity. 2.2 Applicant means a person who submits an application to the TSO to acquire the rights to use the transmission system of the common balancing zone. 2.3 Biomethane means the biogas which has been upgraded with a view to meeting the quality specifications for gas injected to the transmission system. 2.4 Bundled capacity means a firm capacity product which consists of 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, and 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 which a network user submits to the TSO regarding the booking of capacity using the standard communication protocol. 2.7 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 apply. 2.8 Connection agreement means the agreement between the connected party and the TSO concerning the connected party's connection to the transmission system. 2.9 Counterparty within the meaning of this Regulation means a natural or legal person making use of an adjacent gas transmission entry-exit system or of LNG terminal facilities, supplying gas to the network user at the entry and exit points of the transmission system, or the network user delivers gas to him. 2.10 Capacity booking means the procedure of online booking of transmission capacity using the standard communication protocol. 2.11 Energy identification code (hereinafter - the EIC) means the identification code assigned to market participants in accordance of the Energy Identification Coding scheme. 2.12 Entry capacity means the available transmission system capacity at a given entry point. 2.13 Entry point means a physical or virtual point where gas is delivered to the transmission system, and where the transmission of gas through the transmission system begin. 2.14 Exit capacity means the available transmission system capacity at a given exit point. 2.15 Exit point means a physical point where the gas transmission ends and gas is supplied to the adjacent transmission system, distribution system or to the consumption site directly connected to the transmission system. If the distribution system is connected to the transmission system in several points of the transmission system, then all connection points shall be considered as a single exit point. 2.16 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. 2.17 Fixed delivery agreement means type of gas sale - purchase agreement where gas is supplied in accordance to in advance arranged delivery schedule. 2.18 Flexible delivery agreement means type of gas sale - purchase agreement that allows gas to be supplied in accordance with network user's demand with flexibility to adjust delivery schedule. 2.19 Gas month means a period beginning on the first day, at 5:00 UTC of each calendar month and ending on the first day, at 5:00 UTC of the next calendar month from 4:00 to 4:00 UTC when daylight saving is applied. 2.20 Gas quarter - the period from 5:00 UTC on 1 January to 5:00 UTC on 1 April (Q2); the period from 5:00 UTC on 1 April to 5:00 UTC on 1 July (Q3); the period from 5:00 UTC on 1 July to 5:00 UTC on 1 October (Q4); the period from 5:00 UTC on 1 October to 5:00 UTC on 1 January (Q1) in the winter time, from 4:00 to 4:00 UTC when daylight saving is applied. 2.21 Gas year means a period beginning on 1 October at 5:00 UTC of each year and ending on 1 October at 5:00 UTC of the following year in the winter time, from 4:00 to 4:00 UTC when daylight saving is applied. 2.22 Imbalance means a situation where allocations into the transmission system by a network user differs from off-takes from the transmission system by that network user during the gas day. 2.23 Interruption means limitation of network user's rights to use the transmission system, i.e. the limitation of the right to transmit gas by using booked firm or interruptible capacity. 2.24 Network user within the meaning of this Regulation means a person who has concluded a transmission service agreement and uses the transmission system service in the common balancing zone. 2.25 Production within the meaning of this Regulation means gas injected into a transmission system by the gas producer from the production installation that uses renewable energy sources or fossil energy sources. 2.26 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 user. 2.27 Re-nomination means the subsequent reporting of a changed nomination. 2.28 Reporting period means the time period of one month. 2.29 Standard communication protocol means the format of information exchange between the TSO and the network user according to EDIG@S standard. 2.30 Standard information exchange user guide means a document regarding details and principles of information exchange between network user and TSO available on the TSO website. 2.31 Third country within the meaning of this Regulation means Russian Federation. 2.32 Transit within the meaning of this Regulation means the transportation (or transmission) of natural gas originating in a third country to a third country through the territory of the common balancing zone and other adjacent balancing zones. 2.33 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. 2.34 Long Term Use It Or Lose It (hereinafter - UIOLI) means a procedure of reallocation of transmission system capacity systematically booked but not used in case of the request of other network users for the firm capacity. 3 Procedure for the conclusion of transmission service agreement 3.1 In order to receive a right to use the transmission systems in the common balancing zone the applicant shall submit to the TSO, with whom the balancing agreement has been concluded, application for the conclusion of transmission service agreement electronically and in accordance with the application form provided on the website of TSO. Along with the application applicant shall provide the following data and documents: 3.1.1 contact details of the representative(s) having the right 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 a proof of representation, if the application is submitted by an authorised representative of the applicant; 3.1.3 a document attesting that the applicant has registered its commercial activity according to the laws and regulations of the relevant country; 3.1.4 a document attesting that an insolvency procedure of the applicant has not been announced, the economic activity of the applicant is not suspended, or the applicant is not liquidated, and issued not later than one month prior to the day of submitting the application; 3.1.5 information about the applicant's credit rating granted by a commonly known credit or rating agency (not required if it is planned to provide a collateral pursuant to section 13 of this Regulation); 3.1.6 at the TSO's request the annual report for the previous three years (or the actual operation period, taking into account the time of founding or beginning of operation of the applicant on which the annual report is to be submitted) or an equivalent document proving the economic and financial situation of the applicant according to the laws and regulations of the relevant country. 3.2 After the submission of the application in case of changes in the data or documents of the applicant, the applicant no longer than within three business days, shall notify the TSO thereof. 3.3 The TSO shall evaluate the application referred to in sub-paragraph 3.1 of this Regulation, the documents appended thereto within 10 business days from the date of receipt thereof. The TSO may request the applicant to submit the missing documents and additional information. 3.4 If the TSO has requested the applicant to submit additional information or documents, the applicant shall submit such within ten 10 business days from the date of dispatch of the request. If the applicant does not submit the requested additional information or documents within deadline specified in this section, the applicant shall be deemed to have withdrawn its application. 3.5 If the applicant has submitted to the TSO all documents and additional information referred to in sub-paragraph 3.1 of this Regulation, the TSO shall within five business days from the receipt of the documents and additional information prepare the transmission service agreement and shall send it to the applicant electronically. 3.6 The applicant shall return to the TSO a signed transmission service agreement electronically, or in two copies in case of the transmission service agreement signed in a written form, within 10 business days from the day of dispatch of the transmission service agreement. If the applicant does not return to the TSO a signed transmission service agreement within 15 business days from the day of dispatch of the transmission service agreement, the applicant shall be deemed to have withdrawn its application. 3.7 The TSO shall, within three business days from the day of receipt of the transmission service agreement, signed by the applicant, sign the transmission service agreement and send one copy thereof to the applicant. 3.8 The TSO shall notify the applicant of refusal to conclude the transmission service agreement within one business day after the review of the application by sending a notice to the electronic mail address indicated in the application. 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. 4 Capacity allocation 4.1 Capacity allocation mechanism laid down in this Regulation shall apply at all entry and exit points with exception on: 4.1.1 entry/exit point to Inčukalns underground gas storage facility, as governed by legal acts of Latvia applicable to the provision of third-party access services concerning storage facilities; 4.1.2 exit to Estonian Domestic consumption; 4.1.3 exit to Latvian Domestic consumption. 4.2 At entry/exit point Balticconnector: 4.2.1 capacity is allocated: 4.2.1.1 by implicit capacity allocation rules in accordance with sub-paragraph 4.6.2 of this Regulation; 4.2.1.2 by implicit capacity allocation rules by the TSO in accordance with under sub-paragraph 4.6.1 of this Regulation. 4.3 At entry/exit points with third country: 4.3.1 entry capacity shall be allocated in accordance with sub-paragraph 4.9 of this Regulation; 4.3.2 exit capacity shall be allocated by FCFS principle in accordance with sub-paragraph 4.7 of this Regulation; 4.3.3 congestion management rules in accordance with section 5 of this Regulation apply; 4.3.4 if the capacity to be allocated exceeds the capacity booked by the network user it shall be deemed that network user has booked day-ahead capacity product at the respective entry/exit point for capacity exceeding the booked capacity for the respective gas day. 4.4 At entry/exit point Kiemenai (Lithuania-Latvia): 4.4.1 capacity is offered as bundled capacity and allocated: 4.4.1.1 by implicit capacity allocation rules in accordance with sub-paragraph 4.6.2 of this Regulation for daily and within day capacity products; 4.4.1.2 by FCFS principle in accordance with sub-paragraph 4.7 of this Regulation; 4.4.1.3 by pro-rata principle in accordance with sub-paragraph 4.8 of this Regulation; 4.4.2 congestion management rules in accordance with paragraph 5 of this Regulation apply. 4.4.3 if there is more available firm capacity on Latvian side of an Kiemenai entry/exit point than on Lithuanian side and in accordance with the contract between the two TSOs, the Lithuanian TSO can offer a relevant interruptible capacity product, the TSO may offer such extra capacity to the network users as an unbundled product, using FCFS principle in capacity allocation. 4.5 At entry points from Estonian and Latvian production and at entry/exit to LNG facility 4.5.1 capacity is allocated by FCFS principle in accordance with sub-paragraph 4.7 of this Regulation. 4.6 Implicit capacity allocation rules 4.6.1 Network user shall implicitly be allocated with the capacity on the basis of confirmed quantity which has gone through the TSO's processing of nominations and the matching process in accordance with section 7 of this Regulation. 4.6.2 Network user shall implicitly be allocated with the capacity on the basis of trading at the trading platform(s) using daily quota to implicitly allocate the capacity according to the concluded trades, as described in sub-paragraph 4.6.3 of this Regulation. 4.6.3 Implicit capacity allocation rules via trading platform 4.6.3.1 TSOs shall offered part of the capacity via trading platform(s) that have signed the respective implicit capacity allocation service agreement with the TSOs; 4.6.3.2 The implicit capacity allocation method shall be applicable to at least daily standard capacity product. The TSO shall offer other capacity products if the TSO has received a request of the network user to provide such capacity products. Such capacity products shall be offered in cooperation with the relevant service provider and within reasonable implementation time. 4.6.3.3 The following information shall be published on TSO's respective website: 4.6.3.4 trading platform(s) offering implicit capacity allocation; 4.6.3.5 the amount of capacity given for trading at trading platform(s). 4.6.3.6 The amount of capacity given for implicit capacity allocation via trading platform(s) is determined based on historical data and on the principle of minimizing capacity shortage either for implicit capacity allocation via trading platform or for implicit capacity allocation via confirmed quantity. In case on previous day all capacity given to trading platform(s) was allocated, the trading platform(s) may request amount of capacity to be increased by five per cent. In case on previous day all capacity available for allocation by confirmed quantity was allocated and all capacity given to trading platform(s) was allocated, the amount of capacity given for trading platform(s) is reduced by five per cent. 4.6.3.7 TSO shall treat all trading platforms offering implicit capacity allocation equally. 4.6.3.8 Amount of capacity given to each respective trading platform for implicit capacity allocation is agreed between TSO and trading platform operator and any change in the amount of capacity given is communicated via TSO respective website at least three days prior to the change. 4.6.3.9 The residual amount of capacity given for allocation shall be surrendered by trading platform by the deadline agreed between trading platform and TSO. 4.6.3.10 TSO shall coordinate all of the offered capacity values given to trading platform for implicit capacity allocation by the deadline agreed between trading platform and TSO in order to maximize the capacity amount. 4.7 Capacity allocation using FCFS principle 4.7.1 Following standard capacity products for firm capacity and interruptible capacity (except for bundled capacity) can be offered by TSO at entry/exit points where capacity allocation using the FCFS principle is applied in accordance with this section: 4.7.1.1 the long-term capacity product - yearly standard capacity product is the capacity offered in the same amount for all gas days of one gas year starting on 1 October, except Kiemenai entry/exit point; 4.7.1.2 the short-term capacity products: 4.7.1.3 quarterly standard capacity product is the capacity offered in the same amount for all gas days in a particular quarter starting from 1 October, from 1 January, from 1 April or from 1 July, respectively, except Kiemenai entry/exit point; 4.7.1.4 monthly standard capacity product is the capacity offered in the same amount for all gas days in a calendar month starting on the first day of each month, except Kiemenai entry/exit point; 4.7.1.5 daily standard capacity product is the capacity offered on day ahead basis in the same amount for a whole gas day; 4.7.1.6 within-day standard capacity product is the capacity offered in the same amount from a start time within a particular gas day until the end of the same gas day. 4.7.2 The capacity products shall be expressed and allocated in units of energy per unit of time - kWh/day. 4.7.3 Network users, which deliver gas to or from the transmission system of the common balancing zone, must book corresponding entry or exit capacity at the entry or exit points. 4.7.4 Long-term capacity product allocation using FCFS principle 4.7.4.1 The network user shall submit the capacity booking application for a long-term standard capacity product three months before beginning of the gas year until 13:00 UTC (or 12:00 UTC if daylight saving is applicable) on a day before respective gas year in conformity with the standard information exchange user guide. 4.7.4.2 After receiving the capacity booking application, the TSO shall notify the network user of receiving the capacity booking request in one hour and the status of received request in conformity with the standard communications protocol. 4.7.4.3 TSO shall, not later than by the next working day which follows the day of the submission of the capacity booking application at 12:30 UTC (or 11:30 UTC if daylight saving is applicable), inform the network user of the allocated firm capacity in conformity with the standard communications protocol. 4.7.4.4 If the firm capacity requested by network user exceeds the available capacity and the network user has not indicated the minimum acceptable quantity, the TSO shall reject the capacity booking application and immediately notify the network user in conformity with the standard communications protocol. If minimum acceptable quantity indicated by network user is higher than available capacity, TSO shall reject the capacity booking application and immediately notify the network user in conformity with the standard communications protocol. If minimum acceptable quantity indicated by the network user is less or equal to available capacity, TSO shall allocate the available capacity. 4.7.4.5 The TSO shall make the capacity allocated available for network user not later that on next calendar day. 4.7.4.6 When notifying the network user of the long-term capacity allocated at a given entry and exit point, the TSOs shall publish total capacity allocated in line with standard information exchange user guide provided to the network users in a transparent and effective manner. 4.7.5 Short-term capacity product allocation using FCFS principle 4.7.5.1 The network user shall submit short-term capacity booking applications within the following periods: a) for the quarterly standard capacity product starting two gas months before gas year including respective gas quarter until 13:00 UTC on a gas day before respective gas quarter; b) for the monthly standard capacity product starting 20 gas days before the gas quarter including the gas month until 13:00 UTC on a gas day before the beginning of the respective gas month; c) for the day-ahead standard capacity product staring 14 gas days before the gas month including respective gas day until 13:00 UTC on gas day D-1; d) for the within-day standard capacity product not earlier than conformation deadline of nomination 15:00 UTC (or 14:00 UTC if daylight saving is applicable) and not later than three hours before the end of gas day; e) within-day interruptible capacity product can also be booked by submitting re-nomination from 15:00 UTC (or 14:00 UTC if daylight is applicable on gas day D-1 until three hours before the end of gas day. 4.7.5.2 The TSO shall notify the network user of receiving the capacity booking request and the status of receiving the capacity booking request in one hour in conformity with the standard communications protocol. 4.7.5.3 If the firm capacity requested by network user exceeds the available capacity and the network user has not indicated the minimum acceptable quantity, the TSO shall reject the capacity booking application and immediately notify the network user in conformity with the standard communications protocol. If minimum acceptable quantity indicated by network user is higher than available capacity, TSO shall reject the capacity booking application and immediately notify the network user in conformity with the standard communications protocol. If minimum acceptable quantity indicated by the network user is less or equal to available capacity, TSO shall allocate the available capacity. 4.7.5.4 TSO shall make the capacity allocated available for network user not later that on next calendar day. 4.7.5.5 When notifying the network user of the short-term capacity allocated at a given entry and exit point, the TSOs shall publish total capacity allocated in line with standard information exchange user guide provided to the network users in a transparent and effective manner. 4.7.6 Special conditions for interruptible capacity 4.7.6.1 The TSO shall be entitled to offer interruptible capacity at the common balancing zone entry and exit points with a term of more than one day if the corresponding firm monthly, quarterly or yearly capacity products for firm capacity have been sold out or have not been offered. The TSO shall be entitled to offer interruptible day-ahead capacity at entry or exit points if the firm capacity for the following gas day has been sold out or has not been offered. 4.7.6.2 The TSO shall make interruptible capacity offered available for the booking in the timeframe of the firm capacity booking or given for over-nomination. The TSO shall publish information about interruptible capacity in line with standard information exchange user guide. 4.7.6.3 If the TSO finds necessary to interrupt the provision of interruptible capacity products to the network users to the extent required for the provision of firm capacity, it shall do so by first interrupting the capacity for the network users who were the last to book interruptible capacity. 4.7.6.4 TSO shall notify network user of the capacity interruption of the allocated interruptible capacity at least 90 minutes in advance in the matching timeframe by providing the interruption notice to the network user in conformity with the standard communications protocol. 4.7.6.5 TSO shall have a right to amend gas quantity requested under a nomination or re-nomination for interruptible capacity in order to manage contractual congestion. 4.7.6.6. In case of capacity restrictions at Kiemenai entry/exit point, capacity shall be restricted proportionally among network users in the following order: first, interruptible capacity of the shortest period; then interruptible capacity of a longer period; and finally, if demand still exceeds the supply, firm capacity of a shorter period, and if necessary, firm capacity of a longer period. 4.8 Capacity allocation using pro-rata principle 4.8.1 The TSO shall offer standard capacity products referred to sub-paragraph 4.7.1.1, 4.7.1.3 and 4.7.1.4 of this Regulation for firm capacity at entry/exit points where capacity allocation using the pro-rata principle is applied in accordance with this section. 4.8.2 The network user shall submit capacity booking applications in conformity with the standard information exchange user guide within the following periods: 4.8.2.1 for the yearly bundled capacity standard product starting 26 gas days before beginning of the gas year until 23 gas days before beginning of the gas year in conformity with the standard information exchange user guide; 4.8.2.2 for the quarterly bundled capacity standard products: 4.8.2.2.1 starting 19 gas days before gas year including respective gas quarter until 16 gas days before gas year for all gas quarters in the respective gas year; 4.8.2.2.2 starting 45 gas days before the second gas quarter until 35 gas days day before the second gas quarter for the remaining gas quarters in the respective gas year; 4.8.2.2.3 starting 45 gas days before the third gas quarter until 35 gas days day before the third gas quarter for the remaining gas quarters in the respective gas year; 4.8.2.2.4 starting 45 gas days before the fourth gas quarter until 35 gas days day before the fourth gas quarter for the fourth gas quarter in the respective gas year. 4.8.2.3 for the monthly bundled capacity standard product: 4.8.2.3.1 starting 12 gas days before the gas year until 5 gas days before the beginning of the first gas quarter for the gas months in the first gas quarter of the respective gas year; 4.8.2.3.2 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; 4.8.2.3.3 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; 4.8.2.3.4 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. 4.8.3 The capacity products shall be expressed and allocated in units of energy per unit of time - kWh/day. 4.8.4 Network users, which deliver gas to or from the transmission system of the common balancing zone, must book corresponding entry or exit capacity at the entry or exit points. 4.8.5 After receiving the capacity booking application, the TSO shall notify the network user of receiving the capacity booking request in one hour and the status of received request in conformity with the standard communications protocol. 4.8.6 TSO shall, 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), inform the network user of the allocated firm capacity and make the capacity available for network user in conformity with the standard communications protocol. 4.8.7 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 relevant capacity product. 4.8.8 Network user can submit capacity booking application in the amount of available capacity for respective capacity product. If capacity requested by network user in capacity booking application exceeds available capacity of the respective capacity product, the capacity requested by network user is considered equal to the available capacity. 4.8.9 If capacity requested by network users' capacity booking applications for respective capacity product does not exceed available capacity, all requested capacity is allocated to network users according to their capacity booking applications. 4.8.10 If capacity requested by network users' capacity booking applications for respective capacity product exceeds available capacity, capacity for each network user is allocated using pro-rata principle. 4.9 Entry capacity allocation for the transit 4.9.1 The TSO shall allocate entry capacity for the transit as a day-ahead capacity product in accordance with the transit notification submitted by the TSO of the third country provided that the corresponding exit capacity of the common balancing zone is booked by the network user requesting transit. 4.9.2 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: 4.9.2.1 transit entry point; 4.9.2.2 transit exit point; 4.9.2.3 time period when transit must be provided; 4.9.2.4 required transit capacity per day within time period when transit must be provided kWh/day; 4.9.2.5 the EIC code of the network user requesting transit. 4.9.3 TSO shall, not later than three working days after submission of the transit notification, inform the network user of the allocated firm capacity and make the capacity available for network user in conformity with the standard communications protocol. 4.9.4 Transit exit allocations can be altered by TSO in case of mismatch of transit entry allocations with exit nominations. 4.9.5 The capacity allocation request for transit can be rejected, in order to minimize impact to other network users and facilitate the security of supply. 5 Management of contractual congestion 5.1 TSO shall apply measures of contractual congestion management at all the relevant entry and exit points where capacity booking is applied under this Regulation. 5.2 In order to use firm capacity efficiently and to facilitate conditions for network users to book only necessary capacity, when the demand for capacity exceeds the offer, the TSO shall perform measures of congestion management. TSO shall perform congestion management using the following measures: 5.2.1 surrender of contracted capacity; 5.2.2 long-term UIOLI mechanism; 5.2.3 over-subscription and buy-back scheme. 5.3 Surrender of contracted capacity 5.3.1 The network user may submit capacity surrender application for the booked firm capacity 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. 5.3.2 Capacity surrender request is considered as a surrender for the part or the whole product period in the surrendered amount, meaning also partial product period surrendering is possible. 5.3.3 TSO shall accept surrender of firm capacity booked by the network user which is longer than day-ahead capacity products (monthly, quarterly, yearly). TSO shall accept the firm capacity surrender also for daily products, provided the capacity is contracted as bundled capacity. 5.3.4 The TSO shall reallocate a part or all of the capacity offered only in case there is a contractual congestion on relevant entry or exit point. 5.3.5 The TSO, having received the network user's capacity surrender application regarding the booked firm capacity in case there is a contractual congestion on entry or exit point, shall publish information on the quantity of capacity and the entry or exit point where capacity is surrendered in line with standard information exchange user guide. 5.3.6 The TSO shall allocate the surrendered capacity if other network user wishes to book the firm capacity at the specific entry or exit point. The surrendered capacity shall be allocated after the available capacity determined before the surrender of capacity has been allocated in conformity with the standard communications protocol. 5.3.7 In case TSO receive surrender application from several network users, the TSO should reallocate the surrendered capacity to the extent there is demand for it, in the order of receipt of capacity surrender applications. 5.3.8 The TSO shall notify the network user who surrendered capacity of the reallocation of the surrendered capacity to another network user pursuant to the allocation in conformity with the standard communications protocol. 5.3.9 The rights and obligations arising from the transmission service agreement shall be reserved by the network user until and to the extent any part of the capacity surrendered by it is reallocated again by TSO. 5.3.9.1.If the TSO reallocated the capacity surrendered in part or in full, the network user receiving the surrendered capacity shall pay the amount of reallocated surrendered capacity on the basis of capacity product tariff applicable at the time of capacity product booking by the network user surrendering the capacity and only to the extent of surrendered capacity starting from the shortest period capacity product. 5.3.9.2 In case surrendered capacity is reallocated, the network user surrendering the capacity shall be released from the payment obligation for the amount of reallocated surrendered capacity starting from the shortest period capacity product 5.3.10 The TSO shall allocate the surrendered capacity as the available capacity pursuant to the capacity allocation principles laid out in Section 4 of this Regulation. In addition, network user shall refrain from any action hindering capacity re-marketing. 5.4 Long-Term UIOLI mechanism 5.4.1 The TSO has the right to enforce the transfer of yearly booked capacity on a UIOLI basis, if at least one of the following circumstances applies: 5.4.1.1. the network user uses less than 80% on average of its contracted capacity both from 1 April until 30 September and from 1 October until 31 March with an effective agreement duration of more than one year and has failed to provide proper justification to TSO; 5.4.1.2. 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%. 5.4.2 If the TSO finds that the circumstances laid down in sub-paragraph 5.4.1 of this Regulation apply, the TSO shall notify the relevant network user about the underutilisation in conformity with the standard communications protocol. 5.4.3 Relevant network user after notification from TSO about the underutilisation shall within 10 calendar days sell the underutilised capacity on the secondary market or surrender the capacity to the TSO. 5.4.4 The network user shall retain its rights and obligations under the transmission service agreement until the capacity is reallocated by the TSO and to the extent the capacity is not reallocated by the TSO. 5.4.5 In the case of network user has not conformed with sub-paragraph 5.4.3 of this Regulation the network user loses the unused part of booked capacity. 5.5 Oversubscription and buy-back scheme 5.5.1 Having received a network user's capacity booking application and in cases of contractual congestion, the TSO having assessed statistical data of booked and used capacity at a certain entry or exit point during the previous period, and having established that not all technical capacity at that point are historically exploited, and having regard to the possible scenarios of the unused amount of capacity at a given point during the specific period, shall offer to the market additional capacity, i.e. capacity exceeding technical capacity. 5.5.2 By offering additional capacity, the TSO shall take into account the associated potential risks and the likelihood of repurchase of capacity in the market. 5.5.3 The network user shall submit to TSO additional capacity booking application for gas day D no later than by 08:00 UTC (or 07:00 UTC if daylight saving is applicable) on gas day D-1. The TSO shall calculate additional capacity no later than by 10:00 UTC (or 09:00 UTC if daylight saving is applicable) on gas day D-1 and inform network users about additional capacity in line with standard information exchange user guide. If gas day D-1 is an official holiday or a weekend day, the network user shall submit an additional capacity booking application, and the TSO shall calculate additional capacity and inform network users thereof on the last working day preceding gas day D-1. 5.5.4 In a situation where all network users wish to use 100% of the capacity booked; and the TSO is unable to meet the needs of network users, the TSO shall apply the capacity buy-back procedure aiming to repurchase the amount of capacity booked exceeding technical capacity from the network users in the secondary market. 5.5.5 The TSO shall inform the network users about the quantity and price of buy-back capacity to be redeemed for a capacity product no later than by 10:00 UTC (or 09:00 UTC if daylight saving is applicable) on gas day D in line with standard information exchange user guide. 5.5.6 The price of buy-back of capacity may not be higher than the price set for the within-day capacity for gas day when buy-back procedure is applied, multiplied by coefficient 3. 5.5.7 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. 5.5.8 Network user taking part in capacity buy-back procedure shall submit its offer to sell back capacity to TSO no later than by 12:00 UTC (or 11:00 UTC if daylight saving is applicable) on gas day D in conformity with the standard communications protocol. When submitting an offer to sell back capacity, the network user shall indicate the quantity and the price of capacity offered for buy-back. 5.5.9 The TSO shall have the right to uphold the offer for capacity buy-back submitted by the network user in full or in part. 5.5.10 The TSO shall buy back capacity pursuant to the principle of the lowest price, i.e. first buying back capacity with the lowest price offered. 5.5.11 The TSO shall inform the network user about its consent to buy-back capacity and the buy-back amount no later than by 14:00 UTC (or 13:00 UTC is daylight saving is applicable) of gas day D in conformity with the standard communications protocol. 5.5.12 Having received from the TSO information about capacity to be bought back, the network user shall submit the (re)nomination, reducing gas volume to be transported by the amount of the capacity sold. 5.5.13 If TSO after the capacity buy-back procedure cannot fulfil all nominations approved for gas day D, the TSO shall restrict application of firm standard capacity products. The application of the shortest standard capacity products (starting with within-day capacity) shall be restricted first. The application of firm standard capacity products of the same duration shall be restricted in proportion to the amount of nomination submitted for day D. 6 Secondary capacity trading 6.1 A network user who has booked the capacity products may agree with another network user and transfer right to use the capacity product or part of it. Secondary capacity trading shall be restricted to transfer of rights to use capacity of an entry/exit point for a specific time period. Obligations arising from the booked capacity product, including, but not limited to, obligation to pay the TSO for the booked capacity product, shall not be transferred and shall maintain with the network user intending to transfer the booked capacity product. 6.2 Network users are not allowed to create financial instruments in connection with capacity products sold on the secondary market. 6.3 The network users agree on a capacity transfer and its conditions in advance bilaterally. 6.4 The network user who transfers a booked capacity product and the network user who acquires such capacity product shall notify the TSO of the transferred capacity in accordance with the standard communications protocol no later than 09:00 UTC (or 08:00 UTC if daylight saving is applicable) on a gas day D-1 by submitting to the TSO the following information: 6.4.1 the entry or exit point; 6.4.2 type of capacity product in conformity with sub-paragraph 4.8.1 of this Regulation; 6.4.3 the quantity of the transferred capacity product (kWh/d); 6.4.4 the start and end date of the period of use of the transferred capacity product; 6.4.5 the identification of both parties. 6.5 The TSO shall confirm a transfer of a booked capacity product within one hour after receiving the information from both transaction parties in conformity with the standard communications protocol. 6.6 With the TSO's confirmation of the transfer, the network user has acquired the right to use the transferred capacity product. 6.7 The TSO may refuse to confirm a transfer of a booked capacity product if: 6.7.1 information about the transfer of the capacity product is received only from one network user (one transaction party); 6.7.2 the information submitted by the network users does not match or is incomplete; 6.7.3 the quantity of the capacity product to be transferred by the network user exceeds the unused capacity of the network user transferring the capacity product. 6.8 Network user shall have the right to change the concluded and confirmed secondary capacity trade in the secondary capacity market by providing update of the transfer advice document to TSO in conformity with the standard communications protocol. 6.9 In order to cancel the TSO-confirmed transactions the network user shall inform the TSO no later than 10:00 UTC (or 09:00 if daylight saving is applicable) on gas day D-1. 6.10 The transaction shall be deemed changed only if both network users who have previously reported on the conclusion of the transaction have informed the TSO about the update of transfer of the capacity rights. If information about the transaction change is received only from one network user, the transaction shall be deemed not changed, and the TSO shall immediately inform the counterparties thereof in conformity with the standard communications protocol. 6.11 The network user shall transfer bundled capacity to other network user only as bundled capacity. 7 Nomination and re-nomination 7.1 Network user wishing to input or off-take a specific quantity of gas from the transmission system at entry or exit points shall submit nomination or re-nomination to the TSO in conformity with the standard communications protocol under the following conditions: 7.1.1 for entry and exit points referred to in sub-paragraph 4.1 of this Regulation nomination submitted by network user for gas volume wished to input into the system are not required to match nominations for gas volume to be off-taken from the system, and vice versa, as gas can be purchased and sold inside the common balancing zone at the virtual trading point; 7.1.2 for entry from Inčukalns underground gas storage and exit to Inčukalns underground gas storage, nomination and renominations must also be in conformity with prevailing legal acts governing access to Inčukalns underground gas storage; 7.1.3 for entry and exit points were capacity booking using FCFS principle is applied, in accordance with sub-paragraph 4.3, 4.4 and 4.5 of this Regulation: 7.1.3.1 if quantity in nomination is bigger than capacity product booked by network user for relevant gas day in all entry and exit points where capacity booking is applied, the TSO shall reject the nomination and immediately notify the network user in conformity with the standard communication protocol; 7.1.3.2 in the re-nomination timeframe in accordance with sub-paragraph 7.9 of this Regulation, the over-nomination quantity for gas day D shall be considered as interruptible capacity booking application for additional interruptible within-day capacity product; 7.1.3.3 if there is no available within-day capacity for relevant gas day, TSO shall reject re-nomination and, shall not grant additional capacity to network user. Network user shall be informed about possibility to book interruptible capacity if available; 7.1.4 For entry and exit points referred to in sub-paragraph 4.2 of this Regulation nomination is considered as application for implicit capacity allocation and capacity is allocated based on confirmed quantity. 7.1.5 For entry points referred to in sub-paragraph 4.3 of this Regulation a nomination for gas day D is equal to quantity of gas per day specified in the transit notification in accordance with sub-paragraph 4.9.2 of this Regulation. 7.2 Network user shall submit nominations or re-nominations to TSO in accordance with sub-paragraph 7.9 of this Regulation for entry/exit points listed under sub-paragraph 1.3. 7.3 A network user may correct the nomination by submitting to the TSO a re-nomination in accordance with sub-paragraph 7.9 of this Regulation. 7.4 If a network user does not submit a nomination for gas day D, the TSO shall assume that the network user's nomination equals zero. 7.5 If nominated quantity is larger than capacity product booked by network user for relevant gas day, the TSO shall reject nomination and notify network user thereof, with exemption on the points were implicit capacity allocation is applicable. 7.6 If re-nominated quantity is larger than capacity booked by network user for relevant gas day, re-nomination is considered as capacity booking request for interruptible capacity if it is available in the amount that the re-nomination exceeds the capacity already booked. 7.7 The last (re)nominated and confirmed gas quantity by TSO is taken into account in all the matching processes for that specific gas day. 7.8 Content of nomination and re-nomination 7.8.1 Submitting nomination or re-nomination to the TSO, the network user shall provide at least the following information in standard communication protocol: 7.8.1.1 EIC of entry/exit point; 7.8.1.2 direction of gas flow; 7.8.1.3 EIC of the network user; 7.8.1.4 EIC of the counterparty related to network user; 7.8.1.5 start and end time of the gas flow for which the nomination or re-nomination is submitted; 7.8.1.6 the gas quantity in kWh/h requested to be transported during each hour of the gas day; 7.8.1.7 gas day D for which the nomination is applicable. 7.9 Conditions for submission and confirmation of nomination and re-nomination 7.9.1 A network user may submit the nomination for gas day D no later than 13.00 UTC winter time and 12.00 UTC daylight saving time on gas day D-1. 7.9.2 A network user may submit a re-nomination at any re-nomination period which shall begin immediately after the end of the nomination confirmation deadline and shall end three hours before the end of gas day D. The re-nomination cycle shall start at the start of every hour within the re-nomination period. 7.9.3 During the re-nomination period network user can only update nominations for the hours that have not entered the matching process in accordance to the matching timeline laid down in sub-paragraph 7.12 of this Regulation. 7.9.4 If a network user has submitted nomination for gas day D within the deadline laid down in sub-paragraph 7.9.1 of this Regulation, the TSO shall notify the network user of the gas quantity confirmed for gas day D no later than 15:00 UTC winter time and 14:00 UTC daylight saving time on gas day D-1 in conformity the standard information exchange user guide, stating: 7.9.4.1 whether the nomination is confirmed; 7.9.4.2 whether the gas quantity indicated in the nomination has been reduced or rejected in accordance with sub-paragraph 7.10 of this Regulation; 7.9.4.3 whether the gas quantity indicated in the nomination is reduced due to the procedure of gas quantity matching at the request of the TSO or the adjacent TSO. 7.9.5 During the re-nomination period, a network user shall be entitled to adjust the confirmed quantity for gas day D that have not entered matching procedure pursuant to the following: 7.9.5.1 the network user may adjust the confirmed quantity of gas day D from 15.00 UTC winter time and 14.00 UTC daylig …