Consultation on modification of legislation and licences to comply with the EU legislative definition of gas day

Consultation
  • Upcoming
  • Open
  • Closed (awaiting decision)
  • Closed (with decision)

One of the most important pieces of recent legislation on European gas and electricity markets is referred to as the Third Package. The Third Package of European energy reforms created a new legal framework to promote cross-border trade. Part of this, the Gas Regulation, sets out procedures for the establishment of a number of legally binding network codes. These network codes are designed to promote the creation of liquid markets, the efficient use of cross-border transmission capacity and the integration between Member States’ gas markets.

One part of facilitating these objectives is to define a common start time and end time for the gas day across Member States. The relevant EU legislation is contained in the following two European network codes:

  1. Capacity Allocation Mechanisms in Gas Transmission Systems (CAM) was published in the Official Journal of the European Union (OJEU) on 15 October 2013 and applies from 1 November 2015. This EU legislation applies to interconnection points and defines the ‘gas day’ as “the period from 5:00 to 5:00 UTC the following day for winter time and from 4:00 to 4:00 UTC the following day when daylight saving is applied”.
  2. The Gas Balancing of Transmission Networks Network Code (BAL) was published in the OJEU on 27 March 2014 and applies from 1 October 2015. BAL also defines the gas day as from 5:00 to 5:00 UTC in winter and 4:00 to 4:00 UTC during daylight saving time by applying the definitions contained in Article 3 of CAM.  BAL applies to balancing zones, which includes the downstream sector.

These EU legislative requirements take priority over existing GB domestic legislation and associated regulations and codes. Therefore, in order to comply with CAM and BAL, GB’s gas day at interconnection points and downstream must change to that defined in CAM. Implementing this change requires GB’s legal and regulatory framework and industry processes to be modified.

This open letter consults on consequential changes to relevant UK law and licence conditions to comply with EU requirements. We consider that modifications to the following documents are necessary to implement the change to the time of the GB gas day:

  • Gas (Calculation of Thermal Energy) Regulations 1996 (as amended)
  • Letters of Direction issued under the Gas (Calculation of Thermal Energy) Regulations 1996 (as amended)
  • Gas shipper licence Standard Licence Conditions (SLCs)
  • Gas transporter licence SLCs, Standard Special Conditions and Special Conditions

We set out a summary of the proposed changes and provide a set of questions for respondents to consider. Illustrative drafting is attached in the annexes to this letter. We welcome stakeholder views on the drafting and questions outlined in this letter. Please email your responses to gasday@ofgem.gov.uk and vanessa.sturman@ofgem.gov.uk by 29 September 2014.

Respond name

Vanessa Sturman

Respond telephone