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Energy Community Secretariat's CESEC Report, 09/2017 The State of Gas Market Integration in the Energy Community Special report for the CESEC High Level Group Meeting Bucharest 28 September 2017 Energy Community Secretariat Layout: Medium d.o.o. Images: www.istockphoto.com, www.fotolia.com, Energy Community Secretariat and Contracting Parties inand Energy Community oray Memers Sweden Euroean Union Estonia serers Contracting arties Latia enmark Caniate ithuania Ireland reat Britain etherans Poand ermany Begium uemourg Cech euic Soakia Ukraine ustria Moldoa ungary rance Sloenia omania Croatia osnia & erzegoina Serbia taly Montenegro Kosoo* ugaria Georgia FYR of ortugal Maceonia Albania Spain Armenia Greece Turkey Malta Cyrus Introduction In March 2017, the Energy Community of reform measures to be undertaken Secretariat (hereinafter ‘the Secretari- by the Energy Community Contracting at’) adopted its strategy for establishing Parties (hereinafter ‘Contracting Par- functioning gas markets in the Energy ties’) and on their interfaces with EU Community and fostering pan-Europe- Member States in order to reach the ob- an gas market integration. The Energy ligations of the CESEC 2.0 Action Plan. Community Gas Action 20201 outlines legal, market and infrastructure meas- The present report provides an over- ures needed to help overcome short- view of the current status of implemen- comings of the present gas infrastruc- tation of the 3rd Internal Energy Market ture connectivity and market structures Package (hereinafter ‘3rd Package’), as and attain more liquidity, competition, incorporated in the Energy Communi- diversification and security of supply ty acquis communautaire (‘acquis’) by in the Energy Community region as Decision 2011/02/MC-EnC of the En- defined by Title III of the Energy Com- ergy Community Ministerial Council, munity Treaty. It provides a concerted as well as of the actual market devel- effort towards infrastructure and mar- opment in the Contracting Parties. The ket development as well as security of analysis covers the Contracting Parties supply, recognizing the link between with operational gas markets that are them. While gas market integration re- interconnected with other countries in lies on interconnecting infrastructure, the Energy Community region2, name- the latter requires functioning market ly: Albania3, Bosnia and Herzegovina, structures as a precondition for effi- former Yugoslav Republic of Macedo- cient and cost recovering usage. nia, Moldova, Serbia and Ukraine. In addition to national developments, the The Energy Community Gas Action report also deals with activities directed 2020 also aims at providing a close-up towards regional market integration, 1 https://www.energy-community.org/dam/jcr:7ea2720c-7b65-4d12-9c61-56f59444b147/WS_Gas_032017_background.pdf 2 Not being integrated with other countries of the Energy Community region, Georgia is not included in this report. Nevertheless, retail gas prices are shown also for this Con- tracting Party for illustrative reasons. 3 Due to TAP project development, Albania is considered in this report as a Contracting Party with an operational gas market. Energy Community Secretariat, State of gas market integration in the Energy Community, 09/2017 1 Introduction namely implementation of EU gas network codes and guide- by the network code on capacity allocation4 in the region. lines in the Contracting Parties in general, progress related to interconnection agreements between the transmission On the infrastructure side, the present report informs about system operators of the Contracting Parties and neighboring the development of the gas interconnector between Bulgaria EU Member States as well as the latest discussions around and Serbia, a Project of Energy Community Interest and the implementation of capacity allocation platforms as foreseen only Contracting Party Priority Project under CESEC. Current status of 3rd Package implementation and market development The present report assesses the level of gas market de- of market liquidity and the implementation of adequate velopment in the Energy Community Contracting Parties security of supply rules. The current level of gas market both from the perspective of de iure compliance with En- development is further illustrated by the market prices ergy Community law as well as actual implementation. supply ratio5 and retail gas prices for households and in- On the legal side, the analysis is made against the set of dustry in 2016. requirements stemming from the 3rd Package, namely: unbundling of gas transmission system operators (TSOs), Each of the presented indicators considers both the level of third party access, entry-exit transmission tariffs, capacity transposition and implementation in practice6. Detailed ex- allocation and balancing as a facilitator of market liquid- planations of the performance per indicator and Contracting ity. Beyond that, the assessment also reflects on the level Party can be found on next page. 4 Commission Regulation (EU) 2017/459 of 16 March 2017 on establishing a network code on capacity allocation mechanisms in gas transmission systems and repealing Regu- lation (EU) 984/2013, OJ L72/1, 17.03.2017. 5 i.e. the percentage of gas consumption in 2016 supplied at non- regulated prices. 6 The level of transposition can build up to a maximum of 50% per indicator. 2 Figure 1 Overview of implementation of selected gas market development preconditions per Energy Community Contracting Party 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% ania Bosnia and of Moldova Serbia Ukraine Herzegovina aceonia TSO unbundling Entry- exit transmission tariffs Capacity allocation and congestion management Balancing and liquidity Market prices supply ratio SoS secondary acts Transparency source: Energy Community Secretariat’s materials for Annual Implementation Report and CESEC Monitoring Reports Note: For Albania, only performance related to TSO certification, adoption of security of supply acts and the level of transposition of other secondary acts can be assessed. TSO unbundling for Moldova is assessed against the 2nd Energy Package, because the deadline for 3rd Package compliant TSO unbundling and certification for Moldova was set for 1 January 2020. Energy Community Secretariat, State of gas market integration in the Energy Community, 09/2017 3 Albania 3rd Package transposition Capacity allocation and congestion Albania transposed the 3rd Package into national legislation management by the 2015 Law on Natural Gas Sector, which is widely com- Development of secondary legislation covering rules for ca- pliant with the acquis. pacity allocation and congestion management in the gas transmission network started in December 2015 and should TSO unbundling be finalized by the end of 2017. Implementation of such The operator of TAP, TAP AG, was unbundled and certi- rules is subject to gas market development. fied as an independent transmission operator by the coun- try’s national regulatory authority ERE on 31 March 2016. Balancing and liquidity In December 2016, the Council of Ministers established a A governmental decision On Approval of the Natural Gas new company, Albgaz, designed as a combined operator Market Model, including balancing related provisions of Reg- performing transmission and distribution of gas. Following ulation (EC) 715/2009, is under preparation. the company’s application, ERE adopted a preliminary certifi- cation decision on 26 May 2017, which was submitted to the Security of supply Secretariat for its opinion. Albgaz is planned to be certified The primary legislation transposes the general provisions of by the end of 2017 at the latest. Directive 2004/67/EC concerning measures to safeguard se- curity of natural gas supply as well as the 3rd Package related Transmission tariffs security of gas supply provisions. The Government adopted Albania’s primary legislation envisages the establishment of the Natural Gas Emergency Plan, developed with the Secre- a separate tariff for each entry and exit point to/from the tariat’s assistance. However, Albania did not submit nor pub- transmission grid. However, the tariff methodology is still lish the annual Security of Supply Statement for natural gas. under preparation. Eligibility and switching Practical implementation of the transmission tariff methodol- All (future) gas customers in Albania are allowed to freely ogy is subject to gas market development. choose their supplier. Household customers and small enter- prises are entitled to regulated gas supplies under public ser- vice obligations for which the rules are still to be developed. Supply of last resort is foreseen for all customers. 4 Bosnia and Herzegovina 3rd Package transposition In Bosnia and Herzegovina, country-wide gas market legisla- The gas market of Bosnia and Herzegovina is illiquid. The tion and related regulatory competences do not exist. Only domestic incumbents BH Gas and Energoinvest are parties the gas market in Republika Srpska is regulated by a Gas to an import contract with Gazprom, which is renewed Law, which is still, however, not compliant. In Federation of annually, and a transit contract via Hungary in force until Bosnia and Herzegovina, a 2007 government decree fails to 2018. Transit via Serbia is subject to a contract between transpose any key principle of the gas acquis. The country BH Gas and Srbijagas that is in force until the end of 2017. is subject to infringement cases in this context, as well as Neither an organized exchange nor any other trading plat- penalizing measures by the Ministerial Council.
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