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Common Regulations for the Natural Gas Balancing of Transmission System

1. General provisions ..................................................................................... 2

2. Definitions .................................................................................................. 3

3. Conditions for the conclusion of the balancing agreement ......................... 4

4. Rules for securing the fulfilment of contractual obligations ......................... 5

5. Balance responsibility and transfer of balance responsibility ...................... 6

6. Activities within the virtual trading point ...................................................... 7

7. The information provision regarding the balance status of the network user

.................................................................................................................................. 9

8. Settlement of imbalance and neutrality charges ....................................... 10

9. Reporting and settlement of daily imbalance charges .............................. 12

10. Operational balancing ............................................................................ 13

11. Invoicing and payments ......................................................................... 14

12. Rights and obligations of the TSO .......................................................... 16

13. Rights and obligations of the network user ............................................. 16

14. Liability and compensation for damage .................................................. 17

15. Amendment and termination of the balancing agreement ...................... 17

16. Declarations of intent ............................................................................. 18

17. Force majeure........................................................................................ 19

18. Confidentiality ........................................................................................ 19

19. Processing of personal data ................................................................... 20

20. Applicable law and Dispute settlement ................................................... 20

21. Closing provisions .................................................................................. 20

Annex ........................................................................................................... 22

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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 each separately referred to as the TSO or jointly - TSOs) and the network user

(hereinafter - the network user) in relation:

1.1.1. the terms and procedure for providing information and general data exchange between

TSO and the network user regarding their balance status;

1.1.2. the order and procedure for operations in the virtual trading point to trade in gas and to

submit trade notifications;

1.1.3. allocation of initial and final imbalance quantity by network users, settlement and

invoicing of imbalance charges;

1.1.4. the terms and procedure governing the operational balancing of the gas transmission

networks by the TSO;

1.1.5. requirements for securing the fulfilment of network user's contractual obligations.

1.2. The Regulation shall apply:

1.2.1. to both gas transmission systems and the distribution system connected to the

transmission system (hereinafter - transmission system) in the territory of the Republic of

Estonia and the Republic of Latvia;

1.2.2. to all network users that have concluded the balancing agreement with one of the TSOs

in the common balancing zone.

1.3. The network user shall, when contacting the TSO in the cases provided for in the

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 the Regulation and sent electronically shall be signed with a secure

electronic signature, unless the TSO and the network user agree otherwise.

1.4. All regular communications between the TSO and the network user shall be carried out in

a reasonable manner by providing network user sufficient time prior to any change in

information technology solutions used for data exchange. Details about data exchange will be

in the user guide published by the TSOs.

1.5. The balancing agreement and any amendments contained therein shall be consistent with

the Regulation.

1.6. The terms other than defined in sub-paragraph 2.1. of the Regulation and used in the

Regulation shall have same meaning as set in Common Regulations for the Use of Natural Gas

Transmission System and applicable European Union legislation.

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2. Definitions

2.1. The Regulation use the terms as defined below:

2.1.1. Applicant means a person who submits an application to the TSO to acquire the rights

to balance its inputs against its offtakes in the common balancing zone.

2.1.2. Balancing agreement means the standardized agreement, which is concluded by a

market participant with any TSO in the common balancing zone, in order to become a network

user within the meaning of the Regulation.

2.1.3. Balancing portfolio means the information gathered by the TSO on the network user's

inputs and off-takes in transmission systems of the common balancing zone at the relevant

entry and exit points.

2.1.4. Balancing service agreement means the standardized agreement, which may be

concluded by a network user with any TSO in the common balancing zone, in order to provide

balancing services.

2.1.5. Balance responsibility means the responsibility of the network user for the portfolio

imbalance and the settlement of imbalances.

2.1.6. Balancing service provider means the network user that has signed a balancing service

agreement with any TSO of the common balancing zone and is a provider of balancing services.

2.1.7. 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.

2.1.8 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.

2.1.9. Clearing transactions: means a transaction between a CCP and a counterparty as a

result of a matching at a trading platform

2.1.10. Daily imbalance quantity means the gas quantity (expressed in kWh) for which a

network user shall pay or receive daily imbalance charges on each gas day.

2.1.11. Energy Identification Code (hereinafter - the EIC) means the identification code

assigned to market participant active within the common balancing zone based on the Energy

Identification Coding scheme.

2.1.12. Entry flow is the input into the transmission system at an entry point of the common

balancing zone.

2.1.13. Exit flow is the offtake from the transmission system at an exit point of the common

balancing zone.

2.1.14. Forecasting party means an entity that has been assigned by the respective national

regulatory authority to be responsible for forecasting the offtakes of non-daily metered

customers in a given area of the common balancing zone.

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2.1.15. MBP incentive factor is the incentive factor applied to the marginal buy price.

2.1.16. MSP incentive factor is the incentive factor applied to the marginal sell price.

2.1.17. Network user within the scope of the Regulation means a market participant who has

entered into a balancing agreement with the TSO of the common balancing zone in order to

balance its inputs against its offtakes in the common balancing zone.

2.1.18. Short term standardized product means either a title product or a locational product

that is traded for delivery on a within day or day ahead basis.

2.1.19. Title product means any product for the sale and purchase of gas that involves an

exchange of gas at the virtual trading point of the common balancing zone.

2.1.20. Trade notification means the notice submitted by network user to the TSO specifying

the requested exchange of gas with another network user at the virtual trading point.

2.1.21. Virtual trading point means a place which is not physically specified between the entry

and exit points of the common balancing zone and at which gas injected into the common

balancing zone is exchanged between the network users.

3. Conditions for the conclusion of the balancing agreement

3.1. To conclude the balancing agreement an applicant shall submit an application to any TSO

operating in the common balancing zone electronically to the contact address specified by the

TSO on its website no later than four weeks before the date, by which the applicant wants to

start acting as a network user. 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 authorized 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. at the request of the TSO 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.

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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 the sub-paragraph 3.1. of the

Regulation and 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 them within 10 business days from the day of sending the request by the

TSO. If the applicant fails to submit the requested additional information or documents within

the time period specified in this paragraph, it shall be deemed that the applicant has withdrawn

its application.

3.5. If the applicant has submitted all the documents and additional information referred to in

sub-paragraph 3.1. and 3.2. of the Regulation, the TSO shall, within five business days from

the date of receipt of documents and additional information, prepare the balancing agreement

and send electronically to the applicant for signing.

3.6. The applicant shall return to the TSO a signed balancing agreement electronically or in two

copies in case of the balancing agreement signed in a written form within 10 business days

from the day of dispatch of the balancing agreement. If the applicant does not return to the TSO

a signed balancing agreement within 10 business days from the day of dispatch of the balancing

agreement, the applicant shall be deemed to have withdrawn its application.

3.7. The TSO shall, within three working days from the day of receipt of the balancing

agreement, signed by the applicant, sign the balancing agreement and send one copy thereof

to the applicant.

3.8. The TSO shall, within one business day after evaluating the application, inform the

applicant of the refusal to conclude the balancing agreement by sending a notification to the

electronic mail address indicated in the application. The TSO shall send a motivated written

refusal to conclude the balancing 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. By signing the balancing agreement, the network user agrees to follow the terms of use of

the common balancing zone IT platform, as published on the TSO website.

4. Rules for securing the fulfilment of contractual obligations

4.1. In case of conclusion of the balancing agreement with the Estonian TSO the network user

shall present appropriate collateral for the fulfilment of the network user's obligations under the

balancing agreement. The collateral shall be in accordance with the criteria defined in the

Estonian national laws or regulations. In case the permanent or variable collateral is not in

accordance with the criteria defined in Estonian national laws or regulations:

4.1.1. the TSO shall submit a notification informing the network user of the amount of the

collateral the network user has to provide and the deadline for the submission of the collateral.

The deadline for submitting the collateral shall not be less than three business days;

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4.1.2. in case the network user does not submit the permanent or variable collateral by the

deadline specified in TSO's notification, the TSO shall have the right to completely discontinue

or partly interrupt the balancing provision.

4.2. In case the balancing agreement is concluded with the Latvian TSO the network user shall

secure the fulfilment of contractual obligations in accordance with the Annex of the Regulation.

5. Balance responsibility and transfer of balance responsibility

5.1. Network user shall be responsible for:

5.1.1. ensuring that all its inputs, off-takes and virtual trading point transactions are in balance

within gas day;

5.1.2. the payments and issuing of invoices for daily imbalance charges of its balancing portfolio

in accordance with section 8 of the Regulation.

5.2. The network user (the transferring network user), with a prior mutual agreement with

another network user, may transfer its balance responsibility to another network user.

5.3. The transfer of balance responsibility shall be notified to the TSO of the transferring network

user by submitting a balance responsibility transfer statement in accordance with a statement

form published on the TSO website, which shall be duly completed and signed by both the

transferring network user and the network user accepting balance responsibility, and which

shall be submitted by e-mail or letter until the 20th date of the calendar month.

5.4. Upon receipt of a balance responsibility transfer statement, the TSO of the transferring

network user shall verify that:

5.4.1. the balance responsibility transfer statement has been duly completed and signed by the

network user transferring balance responsibility and the network user accepting balance

responsibility;

5.4.2. the network user accepting responsibility has not transferred its balance responsibility to

another network user.

5.5. In case the verification is negative, the TSO of the transferring network user shall

electronically provide the transferring network user with a justified rejection of the transfer of

balance responsibility within five business days after receipt of the balance responsibility

transfer statement.

5.6. In case the verification is successful, the TSO of the transferring network user shall

electronically confirm the transfer of balance responsibility to the transferring network user and

the network user receiving the balance responsibility within five business days from the date of

receipt of the complete balance responsibility transfer statement.

5.7. The transfer of balance responsibility shall come into effect by the first gas day of the next

calendar month after receiving the complete transfer statement in the current calendar month.

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5.8. The network user receiving the balance responsibility assumes the responsibility of

imbalance of the transferring network user, which arises only after the completion of transfer of

the balance responsibility.

5.9. In case a network user has accepted the balance responsibility for other network user in

accordance with this Section, the balancing portfolio of the transferring network user shall be

deemed to be part of the receiving network user's balancing portfolio for the purposes of:

5.9.1. determining the balance position of the network user as per section 8 of the Regulation;

5.9.2. imbalance settlement.

5.10. The network user shall have a right to notify the TSO it has a balancing agreement with

of the discontinuation of the transfer or receipt of the balancing responsibility by submitting a

statement in accordance with a statement form published on the TSO website until the 20th

date of the calendar month. The respective TSO shall electronically confirm the discontinuation

of the transferred balancing responsibility to the transferring network user and the receiving

network user within five business days from the date of receipt of notification from the

transferring network user or the receiving network user. The balancing portfolios shall be

deemed unlinked on the first gas day of the following calendar month after the notification,

provided that the notification is sent by the network user no later than the twentieth date of the

current calendar month.

6. Activities within the virtual trading point

6.1. Virtual trading point enables the exchange of gas between different network users within

the common balancing zone;

6.2. Any exchange of gas between two network users shall be based on two matching trade

notifications that are submitted, verified and allocated in accordance with the provisions of this

Section.

6.3. Exchanges of gas at the virtual trading point shall not have capacity limitations.

6.4. All network users that have valid balancing agreement are entitled to exchange gas at the

virtual trading point.

6.5. Network user wishing to exchange gas with another network user shall both submit a trade

notification to the TSO;

6.6. Trade notifications for the exchange of gas on future gas days:

6.6.1. may specify an exchange of gas on one or more consecutive gas days;

6.6.2. shall be submitted to the TSO:

6.6.2.1. no earlier than 40 calendar days before the last gas day on which gas shall be

exchanged,

6.6.2.2. no later than at 13:00 h UTC winter time and 12:00 h UTC daylight saving time, on gas

day D-1, where gas day D is the first gas day on which gas shall be exchanged.

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6.7. Trade notifications for within-day trading shall be submitted to the TSO:

6.7.1. no earlier than two hours after the deadline specified in sub-paragraph 6.6.2.2. of the

Regulation;

6.7.2. no later than 30 minutes before the end of the gas day on which gas shall be exchanged.

6.8. All trade notifications shall specify:

6.8.1. the gas day(s) on which the exchange shall take place;

6.8.2. the EICs of the submitting network user and the counterparty involved in the exchange;

6.8.3. whether it is a disposing or acquiring trade notification;

6.8.4. the gas quantity, expressed in kWh/d, which the network user wishes to exchange.

6.9. Within the timelines specified in sub-paragraph 6.6.2. and 6.7. of the Regulation, the

network user may modify trade notifications, for which the matching process has not yet started,

at any time.

6.10. Every trade notification received and not confirmed or adjust is valid for the gas day if not

modified by network user up to the time specified in sub-paragraph 6.7.2. of the Regulation.

6.11. For trading at trading platform, the trading platform operator may be authorized by network

users to submit trade notifications on their behalf.

6.12. The TSO shall be entitled to submit trade notifications on behalf of a balancing service

provider, if so agreed with the balancing service provider in writing.

6.13. Upon receipt of a trade notification, the TSO shall validate that the trade notification is

formally correct, contains all necessary information and has been submitted within the allowed

timelines as specified in sub-paragraph 6.6. and 6.7. of the Regulation.

6.14. If the TSO has validated a trade notification based on conditions set out in sub-paragraph

6.8. of the Regulation, then the value nominated is confirmed, if the TSO has validated a pair

of a disposing and an acquiring trade notification for the same gas day(s).

6.15. TSO shall match the two trade notifications as follows:

6.15.1. in case both trade notifications specify equal gas quantity, both trade notifications shall

be allocated with the notified quantity;

6.15.2. in case the two trade notifications specify different gas quantity, both trade notifications

shall be allocated at the lower of the notified quantities ('lesser rule');

6.16. The TSO shall send a confirmation of the gas quantity allocated to the system users in

conformity with the standard communication protocol within 30 minutes after the time when the

pair of a disposing and an acquiring trade notification have been received by the TSO.

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6.17. All nominations sent by a CCP based on the matching result at a trading platform shall be

handled as Clearing Transactions and are valid even if the Network user has reported different

amounts themselves or has not reported any trades on the trading platform.

6.18. As regards all trades on a trading platform, the counterparty shall be the CCP that,

consequently, shall act as the counterparty to the transferring as well as the receiving Network

user.

6.19. Trade notifications submitted by the gas CCP to the Virtual trading point shall always be

identical to trade transactions concluded on a trading platform. After concluding a trade on the

trading platform, the CCP sends unilateral trade notifications about the trade to the Virtual

trading point.

6.20. A Trade notification received by a Virtual trading point from a CCP is valid even if the

Network user has reported different amounts themselves or has not reported any trades on the

trading platform to the Virtual trading point.

6.21. All Clearing transactions prior and 1 hour after the notification to the trading platform

operator or the CCP shall be valid.

6.22. A CCP shall have – after the information to the TSO and in case of issues with the CCPs

IT system - the right to report changes to allocations latest at D+1 12am. The TSO shall take

this final allocation into consideration.

7. The information provision regarding the balance status of the network user

7.1. The forecasting party of each country in the common balancing zone shall be responsible

for providing the TSO of the national transmission system with off-take forecasts of all non-daily

metered sites in that country. The information model for non-daily metered data allocation shall

be the base case according to the Commission regulation (EU) No 312/2014 of 26 March 2014

establishing a Network Code on Gas Balancing of Transmission Networks.

7.2. The forecasts of non-daily metered off-takes shall be provided in a form agreed between

the forecasting party and the TSO.

7.3. TSO shall provide the network user with a forecast of the non-daily metered inputs and off-

takes on gas day D, whereby each update shall apply to gas flows from the beginning of gas

day D:

7.3.1. an initial forecast by 11:00 h UTC (winter time) or 10:00 h UTC (daylight saving) on day

D-1,

7.3.2. a first update by 08:00 h UTC (winter time) or 07:00 h UTC (daylight saving), on day D,

and

7.3.3. a second update 13:00 h UTC (winter time) or 12:00 h UTC (daylight saving), on day D.

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7.3.4. no later than 13:00 h UTC (winter time) or 12:00 h UTC (daylight saving) of gas day D+1,

the initial allocation for its inputs and off-takes on gas day D and its initial daily imbalance

quantity.

8. Settlement of imbalance and neutrality charges

8.1. All daily imbalance charges shall be subject to a financial clearing to the financial account

of the TSO.

8.2. The imbalance charges accumulated to the financial account shall be cleared to or by the

network user on a monthly basis.

8.3. The daily imbalance quantity for network user's balancing portfolio for each gas day is

calculated by TSO in accordance with the following formula:

daily imbalance quantity = inputs - off-takes

8.4. The daily imbalance quantity for network user's balancing portfolio for each gas day D shall

be allocated by TSO as follows:

8.4.1. the virtual trading point transfer inputs and off-takes in the common balancing zone in

accordance with requirements laid down in Section 6 of the Regulation;

8.4.2. inputs and off-takes at entry and exit points of the common balancing zone based on

principles laid down in section 8 of the Regulation of the network rules of the common balancing

zone.

8.5. The daily imbalance quantity shall be rounded to kWh.

8.6. For each gas day D, the TSO shall determine the daily imbalance prices on gas day (D+1)

as follows:

8.6.1. the marginal sell price (MSP) for gas day D shall be equal to the lower of:

8.6.1.1. the lowest price of any sales of title products in which the TSO is involved in respect of

the gas day D (at the relevant trading platform or by using the balancing service agreement);

8.6.1.2. the weighted average price of all trades in title products at relevant trading platforms in

respect of gas day D, multiplied by the MSP incentive factor;

8.6.2. the marginal buy price (MBP) for gas day D shall be equal to the greater of:

8.6.2.1. the highest price of any purchases of title products in which the TSO is involved in

respect of the gas day D (at the relevant trading platform or by using the balancing service

agreement);

8.6.2.2. the weighted average price of all trades in title products at relevant trading platforms in

respect of gas day D, multiplied by the MBP incentive factor;

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8.7. The marginal sell price and marginal buy price shall be expressed in euro/MWh and be

rounded to two decimals.

8.8. When determining the daily imbalance prices, the TSO shall consider only title products

that were traded as within-day and day-ahead products for delivery during gas day D.

8.9. In case it is not possible to determine either the marginal sell price as per sub-paragraph

8.6.1.2 or the marginal buy price as per sub-paragraph 8.6.2.2. of the Regulation due to the

lack of liquidity at the relevant trading platform or any other objective and substantiated reason,

the Dutch Title Transfer Facility (TTF) gas price index published on the platform indicated on

TSOs webpage in respect of gas day D multiplied by the respective incentive factor shall be

used. If the Dutch Title Transfer Facility (TTF) gas price index for the gas day D is not available,

then the latest gas price index available for the gas day before gas day D multiplied by the

respective incentive factor shall be used.

8.10. The MBP incentive factor and the MSP incentive factor shall be set as follows:

8.10.1. the MSP incentive factor may range between a value of 0.9 and 0.95;

8.10.2. the MBP incentive factor may range between a value of 1.05 and 1.1;

8.11. The TSO shall publish on its website the marginal sell price and the marginal buy price of

gas day D no later than the end of gas day D+1. If the gas day D+1 falls within non-business

day, the marginal sell price and the marginal buy price of gas day D shall be published the next

business day.

8.12. The TSO shall publish on its website the MBP and MSP incentive factors no later than by

1th November each year for the following year. Both factors may be re-adjusted by the TSO

during the year, with a minimum notice time of three calendar days before the first gas day, for

which the adjusted MBP and MSP incentive factors shall come into effect.

8.13. Based on the daily imbalance quantity and the daily imbalance prices as determined in

accordance with the Regulation, the daily imbalance charge of the network user for a gas day

shall be calculated as follows:

8.13.1. in case of a positive daily imbalance quantity, the daily imbalance charge shall be equal

to the product of the daily imbalance quantity of the network user's balancing portfolio and the

marginal sell price of the gas day, and shall be payable by the TSO to the network user;

8.13.2. in case of a negative daily imbalance quantity, the daily imbalance charge shall be equal

to the product of the daily imbalance quantity and the marginal buy price of the gas day, and

shall be payable by the network user to the TSO;

8.13.3. the daily imbalance charge shall be expressed in euro and be rounded to two decimals.

8.14. With the purpose to ensure financial neutrality TSO no later than 12 calendar days after

the beginning of each month shall determine the neutrality charges per each gas day of the

previous month for each network user that is not deemed balanced in any of the gas days of

the previous month.

8.15. Neutrality charge shall be set taking into account any such costs and revenues:

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8.15.1. costs and revenues of TSO arising from daily imbalance charges;

8.15.2. costs and revenues of TSO arising from the balancing actions;

8.15.3. administrative costs of TSO arising from the balancing actions;

8.15.4. other costs and revenues of TSO related to the balancing activities undertaken by the

TSO. This includes TSO costs arising from network user non-payment default provided the

measures and requirements for securing fulfilment of contractual obligations, as foreseen in

section 4 of the Regulation, were duly implemented.

8.16. For each gas day, the daily neutrality charge shall be equal to the net sum of all costs and

revenues recorded to the balancing neutrality account for the previous month in accordance

with sub-paragraph 8.15. of the Regulation divided by the sum of all network users that are not

deemed balanced in any of the gas days of the previous month allocated off-takes in the

common balancing zone for the previous month. The daily neutrality charge shall be expressed

in euro/MWh and be rounded to two decimals.

8.17. The daily neutrality charge shall have the same value for each gas day of the previous

month.

8.18. TSO shall publish on its website daily neutrality charge for the previous month no later

than 12 business days after the beginning of each month.

8.19. The neutrality charge attributed to each network user that is not deemed balanced in any

of the gas days of the previous month shall be equal to the product of daily neutrality charge as

determined in accordance with sub-paragraph 8.16. of the Regulation and the sum of all

network user's offtakes (including domestic exit, cross-border exit and VTP), for gas day D. The

neutrality charge shall be expressed in euro, rounded to two decimals and shall be identified

as a separate charge in the monthly imbalance settlement report and on the invoice.

8.20. When calculating the neutrality charge the TSO shall take into account such costs and

revenues arising from the balancing actions, pursuant to sub-paragraph 8.15.2. of the

Regulation, which are undertaken by the TSO in the current calendar month (M), but are

attributable to the previous calendar month (M-1) for which the monthly settlement as foreseen

in sub-paragraph 9.2. of the Regulation, is carried out.

9. Reporting and settlement of daily imbalance charges

9.1. One business day after the end of each gas day D, the TSO shall carry out the daily

settlement for gas day D. Based on the preliminary allocation of inputs and off-takes and the

final allocation of virtual trading point transfers for gas day D the TSO shall determine and

communicate to the network user the network user's daily imbalance quantity for gas day D.

9.2. No later than 12 calendar days after the beginning of each month, the TSO shall carry out

the provisional monthly settlement for the previous month (the 'delivery month'). The TSO shall

determine and notify network user of the following, based on the final allocation of inputs and

off-takes and the virtual trading point transfers for the delivery month:

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9.2.1. the network user's daily imbalance quantity for each gas day of the delivery month;

9.2.2. the network user's daily imbalance charge for each gas day of the delivery month;

9.2.3. the sum of the network user's daily imbalance charges for all gas days of the delivery

month, which shall be paid by the network user;

9.2.4. the sum of the network user's daily imbalance charges for all gas days of the delivery

month, which shall be paid to the network user;

9.2.5. the total amounts payable for the delivery month by and to the network user.

9.3. The TSO shall set out the exact forms and data exchange formats for balance settlement

giving reasonable prior notice to the network user to any changes.

9.4. In case a network user detects any discrepancies in the information provided under daily

or monthly settlement, it shall inform the TSO and specify the discrepancy without delay.

9.5. In case the TSO is informed by a network user of any discrepancies the TSO shall within

five business days verify the corresponding calculations and:

9.5.1. either provide corrected monthly settlement values to the network user; or

9.5.2. provide the network user with a reasoned rejection of the network user's request.

9.6. No later than 12 calendar days after the beginning of the third month after delivery, the

TSO shall carry out the final monthly settlement. During final monthly settlement, the network

user shall receive an update of the information provided under provisional monthly settlement,

based on any corrections in the data used in the provisional monthly settlement and based on

the final allocation of inputs and off-takes, which have been made available to the TSO no later

than two calendar days before the deadline for final monthly settlement.

10. Operational balancing

10.1. The TSOs buy and sell gas for the transmission system balancing either on a trading

platform or by using balancing services.

10.2. The TSOs shall undertake balancing actions in order to:

10.2.1. maintain the transmission network within its operational limits;

10.2.2. achieve at the end of gas day linepack position in the transmission network different

from the one anticipated on the basis of expected inputs and off-takes for that gas day,

consistent with economic and efficient operation of the transmission network.

10.3. When deciding upon the appropriate balancing actions, the TSOs shall follow this merit

order:

10.3.1. use of title products on a trading platform, where and to the extent deemed appropriate;

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10.3.2. if the trading platform does not provide sufficient need for balancing the transmission

system, products described under the balancing service agreement are used.

10.3.3. Within each level of the merit order set out in sub‑paragraphs 10.3.1–10.3.2, the TSO

shall apply the principle of cost‑efficiency, assessing cost‑effectiveness separately at each

respective level.

10.4. The use of trading platforms and the balancing services shall be agreed between the

TSOs of the common balancing zone.

10.5. In order to provide the balancing services for TSOs the network user shall conclude a

balancing service agreement with any of the TSO's of the common balancing zone.

10.6. After conclusion of the balancing service agreement the network user has the right to

provide standardized product based on the conditions set out in the balancing service

agreement.

10.7. TSO shall seek to purchase gas when the total estimated quantity of planned inputs by

network users to the transmission system during the gas day is lower than the quantity of

planned off-takes from the transmission system. TSOs shall seek to sell gas when the total

estimated quantity of planned inputs by network users to the transmission system during the

gas day is higher than the quantity of planned off-takes from the transmission system, also

taking into account the flexibility of the transmission systems in the common balancing zone.

10.8. Where the TSOs fail to purchase or sell all the gas needed during trading session on the

trading platform of the current day, missing quantity may be acquired through the use of

balancing services.

10.9. The TSOs shall be entitled to not to follow the merit order and use locational products,

when, in order to keep the transmission system within its operational limits, gas flow changes

are needed at specific entry and/or exit points and/or to start from a specific period of time

within the gas day.

10.10. In case the responsibility of keeping the transmission network(s) within the common

balancing zone in balance has been transferred to an entity, the Regulation shall apply to that

entity.

11. Invoicing and payments

11.1. If during a reporting period (month) the imbalance of the balancing portfolio of the network

user is registered in at least one balancing period (gas day D) and the imbalance quantity is

negative, the TSO shall issue an invoice to the network user for all negative imbalance

quantities registered in the reporting period (month), and upload it to the common IT platform

of the common balancing zone or provide the invoice by any other means, which the TSO and

the network user have agreed upon, by the 12th day of the month following the reporting period.

The invoice shall be deemed received on the day of uploading or sending thereof.

11.2. If during a reporting period (month) the imbalance of the balancing portfolio of network

user is registered in at least one balancing period (gas day D) and the imbalance quantity is

15

positive, the TSO shall prepare a self-billed invoice on behalf of the network user for all positive

imbalance quantities registered in the reporting period (month).

11.3. The invoice for the positive neutrality charge allocated to the network user shall be issued

together with the invoice for the negative imbalance charge for the reporting period. In the case

of a negative neutrality charge, the TSO shall include it in the self-billing invoice for the positive

imbalance charge of the reporting period.

11.4. The invoice shall include payments to be made by the network user to the TSO, while the

self-billed invoice shall include payments to be made by the TSO to the network user. The date

of receipt of the invoice shall be considered the date on which the invoice is sent or uploaded

to the user profile on the Common Zone platform. The self-billing invoice shall be uploaded to

the user profile on the Common Zone platform or sent to the network user’s email address

specified in the balancing agreement, if requested by the user, no later than the 12th day of the

month following the reporting period The day of sending or uploading the invoice is deemed to

be the day of receipt of the invoice.

11.5. If there is a distinct possibility that an invoice contains an obvious error, the recipient of

an invoice shall have the right to reject the invoice:

11.5.1. within three business days from the receipt of the invoice, the recipient of the invoice

shall notify in writing the party issuing the invoice, stating the reasons for its disagreement;

11.5.2. within five business days from the receipt of a corresponding notification, the party

issuing the invoice shall review the invoice statement, inform the recipient of the invoice of the

results of its review and, if the review concludes that the original invoice was incorrect, issue a

corrected invoice.

11.6. All payments shall be made in euros to the account indicated by party that has issued the

invoice. The day, when the funds is transferred into the current account of the TSO or of the

network user respectively, shall be deemed the payment date.

11.7. All payments of an invoice shall become due within 10 calendar days after the issue date

of the invoice. If the due date falls on a non-business day, the due date shall be the next

business day.

11.8. Irrespective of what is indicated in the payment order, any payments received shall be

deemed to cover payments obligations in the following order: (1) interest on late payment, (2)

outstanding payments for previous periods, (3) current payments.

11.9. In the event of late payment of all or part of an invoice, the TSO or network user issuing

the invoice is entitled to charge interest on any outstanding payments. All outstanding payments

shall bear interest in the amount of 0.05% for each day of delay of the amount not timely paid.

Interest on late payments shall be calculated once after the end of each month and shall be

invoiced with the next monthly invoice.

11.10. The principles on the maximum amount of contractual penalties and default interest in

the country where the TSO has its registered office shall apply.

16

12. Rights and obligations of the TSO

12.1. The TSO shall perform balancing calculations in a transparent and equal manner and

enable the network user to access the virtual trading point.

12.2. TSO shall plan, manage, and settle balance in the transmission system of the common

balancing zone, based on the Regulation and the balancing agreement.

12.3. TSO shall maintain confidentiality of any information connected to the network user or

related to the conclusion of the balancing agreement and its execution in case the publication

of such information could damage the interests of the network user or the maintenance of which

secrecy the network user has or may have an interest in for the duration of the balancing

agreement and after the expiry of the balancing agreement.

12.4. The TSO shall be entitled to:

12.4.1. to change the information technology solutions for the exchange of information set out

in the balancing agreement in a reasonable manner and to require that the network user be

prepared to make said changes issued by the TSO by a reasonable deadline, giving the

network user prior reasonable notice to such effect;

12.4.2. acquire and process data of the network user and the applicant;

12.4.3. receive payments for the balancing provided in the amount and in accordance with the

procedure set out in the Regulation.

12.5. In addition to the data, reports and information specifically mentioned in the Regulation,

the TSO shall publish on its website, the European Network of Transmission System Operators

for Gas (ENTSOG) Transparency platform and the common IT platform of the common

balancing zone any other relevant information on balancing, which has to be published under

applicable legislation and regulation.

13. Rights and obligations of the network user

13.1. The network user shall at all times use reasonable endeavors to minimize its imbalance

position in the common balancing zone and not to abuse the balancing system for its

commercial interests or benefit. The network user shall be responsible for matching the gas

input quantity with the gas off-take during the gas day. The network user shall take all necessary

steps to prevent daily imbalance.

13.2. The network user has rights to receive information and obligation to submit information

as stipulated by the Regulation.

13.3. The network user has rights to receive invoices of balancing and obligation to pay for

balancing as stipulated by the Regulation.

17

14. Liability and compensation for damage

14.1. The rights and obligations of the parties are laid down in the Regulation, the balancing

agreement and the prevailing legal acts.

14.2. The parties are liable for appropriate performance of the requirements established for

them in the Regulation and obligations undertaken within the scope of the balancing agreement.

Liability of the parties may be limited or inapplicable only on the grounds established in the

Regulation and legal acts of the country where TSO has its registered office.

14.3. The TSO shall be only liable for fulfilment of obligations provided for in legal acts, the

Regulation and in the balancing agreement, in accordance with the procedure specified in the

legal acts, the Regulation and the balancing agreement.

14.4. The parties shall be liable for the proper performance of the balancing agreement. Either

party shall compensate losses, subject to limitations laid down in sub-paragraph 14.6. of the

Regulation, incurred by the other party if the guilty party improperly performs or does not

perform the balancing agreement.

14.5. The party shall not be held liable for losses caused by the other party to any third parties.

Neither party is liable for actions or inaction of third parties.

14.6. The party failing to perform in accordance with the balancing agreement and (or) the

Regulation shall be liable to compensation only for direct material loss and/or loss of direct

nature caused to the other party, provided there is a causal link between the fault(s) and

amounts in dispute.

14.7. Either party shall be released from liability from non-performance of the balancing

agreement if able to prove that non-performance was due to force majeure circumstances i.e.

circumstances the party could not control or reasonably anticipate at the time of execution of

the balancing agreement, and could not prevent the occurrence of these circumstances or

consequences thereof.

14.8. TSO shall not be liable for any damage caused by malfunctioning of common IT platform

of the common balancing zone.

15. Amendment and termination of the balancing agreement

15.1. The balancing agreement may be amended upon the written consent of both parties,

insofar the balancing agreement does not contradict the Regulation, or on another basis set

out in the legislation.

15.2. The TSO shall have the right to amend the terms and conditions set out in the balancing

agreement, provided that such amendments are also coordinated between both TSOs

operating in the common balancing zone. The TSO shall notify network user in writing and post

amendments to the Regulation on its website no later than 30 calendar days before the

amendments become effective.

18

15.3. The TSO shall furthermore have the unilateral right to amend the balancing agreement in

situations stipulated by law, with immediate effect where necessary to comply with applicable

laws or regulations and/or legally binding orders made by national or international courts or

authorities, including but not limited to administrative rulings and related notifications issued by

the national regulatory authorities, provided that the amended form of the balancing agreement

does not violate any applicable legal acts in force. TSO shall notify network user of any

amendments to the balancing agreement in writing without undue delay before the

amendments become effective.

15.4. Either party has the right to terminate the balancing agreement if the other party

improperly performs or does not perform its obligations under the balancing agreement. In such

case the party wishing to terminate the balancing agreement on such grounds shall at least 30

calendar days before the termination of the balancing agreement inform the other party of its

intention to terminate the balancing agreement in writing, specifying the reason of termination

of the balancing agreement at least 30 calendar days in advance and provided that the party

wishing to terminate the balancing agreement has demanded in writing that the material breach

be remedied and the other party has not remedied the material breach within 10 business days

of receiving such demand. The balancing agreement shall be deemed terminated as of the day

specified in the notice.

15.5. The network user may unilaterally terminate the balancing agreement with a written notice

to the TSO at least 30 days before terminating the balancing agreement, if the network user

intends no longer to use the commercial balancing in the common balancing zone under the

balancing agreement.

15.6. The party is entitled to terminate the balancing agreement without notice if the other party

is declared bankrupt or becomes insolvent, suspends its payments or is subject to compulsory

or voluntary liquidation.

15.7. Termination of the balancing agreement shall not relieve the parties from the performance

of all obligations emerged during the validity period of the balancing agreement.

16. Declarations of intent

16.1. All notifications, consents, approvals and other declarations of intent related to the

performance of the balancing agreement or disputes arising from the balancing agreement, as

well as other notifications (hereinafter - declarations of intent) shall be submitted to the other

party in written, reproducible form, except in those instances where these notifications are

informational in nature where transmission to the other party does not incur legal

consequences.

16.2. A declaration of intent shall be deemed to have been received if it is signed for by the

other party, or the other party is informed in writing via e-mail to the email address noted in the

balancing agreement or another e-mail communicated in writing to the other party, or forwarded

via registered letter through a post office. All declarations of intent relating to performance of

the balancing agreement which do not deviate from the terms of the balancing agreement shall

be deemed valid and binding on the parties once they have been given to the persons named

in the balancing agreement or to duly appointed and authorized persons.

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17. Force majeure

17.1. TSO and network user shall not be held liable for a full or partial non-performance of the

balancing agreement obligations if caused by force majeure circumstances. For the purposes

of this section, force majeure circumstances shall be an obstacle that has occurred beyond the

control of the TSO and network user, prevents it from performing its obligations under the

balancing agreement, and cannot be eliminated by the TSO or network user. Primarily such

circumstances are catastrophes, fire, earthquakes and other natural phenomena, warfare,

economic sanctions, embargoes or any other circumstances which the TSO and network user

could not foresee at the time of entering in the balancing agreement.

17.2. Individual obstacles to the performance of the balancing agreement obligations having

occurred at the time when the defaulted TSO or network user delayed the performance of its

balancing agreement obligations shall not be considered force majeure circumstances. For

instance, lack of funds shall be an individual obstacle.

17.3. The TSO or network user invoking force majeure should strive to continue fulfilling their

obligations as soon as may reasonably be required, provided that this is possible without

incurring unreasonable charges.

17.4. If force majeure circumstances persist for more than 30 calendar days, the TSO or

network user shall enter into negotiations over a suitable solution for the performance of the

balancing agreement obligations. In such case the termination of the balancing agreement shall

only be possible by mutual agreement of the TSO and the network user.

17.5. The TSO and network user shall immediately, but not later than 24 hours, notify each

other of force majeure circumstances. If the parties do not notify of force majeure

circumstances, the TSO or network user may not invoke them as grounds of non-performance

of the balancing agreement.

17.6. When the force majeure circumstances are no longer in place, the TSO and network user

shall immediately resume the performance of the obligations which they performed up to the

day of emergence of the force majeure circumstances, unless agreed otherwise by the TSO

and network user.

17.7. The parties shall make all reasonable efforts to mitigate the effects of the force majeure

event or circumstance and endeavor to ensure as soon as possible that normal performance

of the balancing agreement is re-established.

18. Confidentiality

18.1. Information about the balance status of the network user, its operations on the common

IT platform of the common balancing zone and imbalance settlement between the TSO and the

network user, as well as other information, which parties have designated as commercial

secret, regardless of how this information was created or processed, including regardless of

the format of information (for example, written, text, audio, vocal or pictorial), shall be

considered limited access information. Information set out in this sub-paragraph is protected

and may not be disclosed to a third party without ensuring prior written consent by the other

party, except information, which is being disclosed pursuant to the Regulation or other legal

acts.

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18.2. The parties use limited access information foreseen in Sub-paragraph 18.1. of the

Regulation solely for performance of the balancing agreement and market monitoring. The TSO

is also entitled to use information received from the network user pursuant to the balancing

agreement for the purpose of fulfilling its functions set out in applicable legal acts for the

duration of the balancing agreement and also after termination of the balancing agreement.

18.3. The TSO shall be entitled to provide information pertaining to the performance of the

balancing agreement obligations to other system operators insofar as necessary for a proper

compliance with the Regulation and the balancing agreement.

18.4. The duty of the parties regarding the non-disclosure of limited access information set out

in Sub-paragraph 18.1. of the Regulation, shall survive the termination of the balancing

agreement for a period of 10 years.

19. Processing of personal data

19.1. The parties are entitled to process personal data of natural persons received from the

other party solely for the purpose of enabling performance of the balancing agreement, subject

to requirements of applicable laws and regulations, including Regulation (EU) 2016/679 on the

protection of natural persons with regard to the processing of personal data and on the free

movement of such data, and repealing Directive 95/46/EC.

20. Applicable law and Dispute settlement

20.1. All disputes and disagreements (hereinafter - a Dispute) arising in relation to the

implementation and application of the Regulation shall be settled by means of mutual

negotiations in accordance with the Regulation and the applicable legal acts. In the event of a

Dispute, the party invoking it shall submit to the other party a written notice containing a

description of the Dispute, the suggested solution, and the persons authorized to hold

negotiations related to the Dispute on behalf of the party.

20.2. In case a TSO and the network user are unable to resolve a Dispute through negotiations

within 30 business days from its emergence (unless the authorized representatives of the

parties have agreed upon a different deadline), in accordance with the procedure and cases

described under the national law of the TSO the Dispute shall be referred to the relevant

national regulatory authority for the out-of-court examination of the Dispute or directly to the

court of the country where the TSO has its registered office.

21. Closing provisions

21.1. The Regulation and the balancing agreement exist in both national language (according

to the place where the TSO has its registered office) and the English versions. The official

language of business shall be national and English. In case of discrepancies or inconsistencies

between different language versions of the balancing agreement, the English language version

shall prevail.

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21.2. Procedures, document forms, and other requirements specified in the Regulation are

published on the internet website of the TSO.

21.3. The TSO shall, in accordance with the Regulation, evaluate applications of applicants to

acquire the rights to use the commercial balancing in the common balancing zone submitted to

the TSO by the day of coming into force of the Regulation.

21.4. If the competent state government authority declares any of the crisis levels in the natural

gas sector, including energy crisis, as foreseen in Regulation (EU) 2017/1938 of the European

Parliament and of the Council of 25 October 2017 concerning measures to safeguard the

security of gas supply and repealing Regulation (EU) No 994/2010:

21.4.1. the Regulation is applicable insofar it does not conflict with the regulation established

by the relevant competent state authorities in the event of the relevant crisis level;

21.4.2. the network user shall comply with the procedure and requirements for preventing

negative imbalances, which is coordinated between the TSOs and published on the website of

the TSO.

21.5. The Regulation shall come into force on 1 August 2026.

22

Annex

Rules for securing fulfilment of contractual obligations

1. During the term of the balancing agreement the network user shall secure the fulfilment of

contractual obligations by means of appropriate credit rating of the network user or collateral.

The network user may simultaneously choose one or more types of collateral (security deposit

or guarantee of a financial services provider or the affiliate entity.

2. The credit rating of the network user shall be deemed appropriate if it complies with at least

one of the following criteria:

2.1. a long-term rating of BBB- or higher under Standard & Poor's;

2.2. a long-term rating of BBB- or higher under Fitch;

2.3. a long-term rating of Baa3 or higher under Moody's.

3. In case the network user has chosen to secure the fulfilment of contractual obligations by

credit rating, the network user has an obligation to immediately inform the TSO of any changes

in the credit rating of the network user and the TSO shall have a right to require the network

user to submit an actual information on the credit rating of the network user.

4. In case the network user has chosen to secure the fulfilment of contractual obligations by

credit rating, the TSO shall be entitled to request the network user to submit collateral to cover

the payment claims arising from the balancing agreement if:

4.1. the credit rating of the network user, no longer meets the criteria set in Paragraph 2 of this

Annex;

4.2. the TSO identifies an increased risk due to the changes in daily imbalance quantity of the

network user;

4.3. the TSO has identified that the network user is wholly or partly unable to cover the liabilities,

including changed and increased risk due to the solvency of the network user, arising from the

balancing agreement;

4.4. an insolvency procedure or liquidation proceedings have been initiated for the network

user;

4.5. the network user breaches the conditions stipulated in the balancing agreement or the

Regulation;

4.6. the network user delays payments arising from the balancing agreement, which have

become due, twice over 12 months.

5. If the network user or the affiliate entity does not agree with the findings of the TSO according

to the paragraph 4 of this Annex or of the non-compliance of the network user or the affiliate

entity with the credit rating, the network user or the affiliate entity, as appropriate, may, within

five business days, submit appropriate evidence for the TSO to objectively evaluate

creditworthiness of the network user.

23

6. The network user shall submit collateral to the TSO within seven business days from the day

of receipt of the relevant request.

7. The TSO shall recognize and deem appropriate the guarantee of a financial services provider

or the affiliate entity as a proper security for duly performance of obligations if it complies with

the following provisions:

7.1. the guarantee has been issued by a financial services provider who or whose group has at

least the following rating for long-term foreign currency loans:

7.1.1. Baa1 in accordance with Moody's agency or

7.1.2. BBB+ in accordance with Standard & Poor's agency, or

7.1.3. BBB+ in accordance with Fitch Ratings agency;

7.2. the guarantee has been issued by an affiliate entity, which credit rating corresponds to

Paragraph 2 of this Annex;

7.3. the guarantee shall be first demand and irrevocable.

8. The TSO shall set the collateral amount in the sum of two highest monthly payments by the

network user for negative imbalance over the last 12 months. If the period of use of the

balancing is shorter than 12 months, this period shall be used as the grounds for the

determination of the amount of the collateral, but the amount of the collateral shall not be less

than EUR 30 000.

9. In case the network user secures the fulfilment of contractual obligations by collateral, the

TSO shall have the right to completely discontinue the balancing provision as set in the

Regulation, provided that all the following conditions are met:

9.1. the sum of network user's outstanding liabilities and the estimated amount of aggregated

daily imbalance charges for the previous gas days of current month exceed the amount of

network user's submitted collateral by 10 percent;

9.2. the TSO has sent a notification to the network user requesting to increase the amount of

collateral to an amount equal to the estimated aggregated daily imbalance charges for the

previous gas days of the current month;

9.3. the network user has not increased the collateral within the term specified in the TSO

notification as foreseen in sub-paragraph 9.2. of this Annex and which shall not be less than

three business days.

10. If liabilities of the network user within the framework of the balancing agreement for the

previous month exceed the sum for which the collateral has been issued in accordance with

paragraph 8 of this Annex, the TSO has the right to request the network user to increase the

amount of the collateral and submit a new collateral to the TSO within seven business days

which complies with the provisions of this Annex.

11. The TSO shall be entitled to use collateral to cover liabilities of network user towards TSO

if network user has failed to pay the invoice for balancing services provided. After using the

24

collateral, the TSO shall request the network user to restore the amount of the collateral within

seven business days.

12. The TSO shall have the right to discontinue provision of balancing as set in the Regulation

until the moment the network user submits a new collateral or increases, or restores the amount

of the existing collateral so that it complies with the provisions of this Annex, if network user

fails:

12.1. to submit the collateral within the deadline specified in paragraph 6 of this Annex;

12.2. to increase the amount of the collateral and submit a new collateral within the deadline

specified in paragraph 10 of this Annex;

12.3. to restore the collateral within the deadline specified in paragraph 11 of this Annex.

13. After the TSO has issued an invoice to the network user according to the sub-paragraph

11.1. of the Regulation, the network user has the right to request return of the security deposit

at the amount that exceeds the amount of collateral set by the TSO according to the paragraph

8 of this Annex.

14. Upon termination of the balancing agreement, the TSO shall, within five business days,

refund to the network user the sum of collateral which is not used to extinguish the unfulfilled

liabilities of the network user or return the original of the guarantee of the financial service

provider or the affiliate entity.

Tatari 39 / 10134 Tallinn / 667 2400 / [email protected] / Registrikood 70000303

OTSUS

13.07.2026 nr 7-29/2026-001

Eesti ja Läti ühiste maagaasi ülekandesüsteemi tasakaalustamise eeskirjade

kooskõlastamise kohta

Resolutsioon

Kooskõlastada Elering AS-i poolt 04.06.2026 Konkurentsiametile esitatud ühiste

maagaasi ülekandesüsteemi tasakaalustamise eeskirjade muudatused vastavalt käesoleva

otsuse lisale 1.

Otsuse vaidlustamise võimalused

Käesoleva otsusega mittenõustumisel on õigus otsuse või selle osa tühistamiseks esitada 30

päeva jooksul alates käesoleva otsuse teatavaks tegemisest vaie Konkurentsiametile või kaebus

Tallinna Halduskohtule.

Otsuse õiguslikud alused

Maagaasiseaduse (MGS) § 12 lõige 4

(allkirjastatud digitaalselt)

Evelin Pärn-Lee

peadirektor

Lisa:

Lisa 1. Common Regulations for the Natural Gas Balancing of Transmission System

Armin Ilisson

[email protected]

2 (5)

1. Haldusmenetluse alustamine

MGS § 12 lõike 4 alusel süsteemihaldur töötab välja ja kooskõlastab Konkurentsiametiga

bilansilepingu tüüptingimused.

MGS § 231 lõike 2 järgi võib võrguettevõtja erinevate võrguteenuste osutamiseks sõlmida

turuosalisega eraldi võrgulepingud.

Võlaõigusseaduse (VÕS) § 42 lõike 1 järgi on tüüptingimus tühine, kui see lepingu olemust,

sisu, sõlmimise viisi, lepingupoolte huvisid ja teisi olulisi asjaolusid arvestades kahjustab teist

lepingupoolt ebamõistlikult, eelkõige siis, kui tüüptingimusega on lepingust tulenevate õiguste

ja kohustuste tasakaalu teise lepingupoole kahjuks oluliselt rikutud. Ebamõistlikku

kahjustamist eeldatakse, kui tüüptingimusega kaldutakse kõrvale seaduse olulisest põhimõttest

või kui tüüptingimus piirab teise lepingupoole lepingu olemusest tulenevaid õiguseid ja

kohustusi selliselt, et lepingu eesmärgi saavutamine muutub küsitavaks. Tüüptingimuse

tühisust ja sellega seotud asjaolusid hinnatakse lepingu sõlmimise aja seisuga.

VÕS § 42 lõike 2 alusel ei loeta tüüptingimust ebamõistlikult kahjustavaks, kui see puudutab

lepingu põhilist eset või hinna ja üleantu väärtuse suhet või kui tingimuse sisu tugineb

õigusaktil, millest ei saa lepingupoolte kokkuleppel kõrvale kalduda.

Haldusmenetluse seaduse (HMS) § 14 lõike 1 kohaselt esitatakse haldusmenetluse algatamiseks

haldusorganile vabas vormis avaldus.

2. Menetlusosaline

Elering AS, aadress Kadaka tee 42, 12915 Tallinn; äriregistri kood 11022625; e-post:

[email protected].

3. Asjaolud ja menetluse käik

04.06.2026 esitas Elering AS (Elering) Konkurentsiametile taotluse Eesti ja Läti gaasi

süsteemihaldurite1 (edaspidi ka süsteemihaldurid) poolt välja töötatud ühiste maagaasi

ülekandesüsteemi tasakaalustamise eeskirjade muudatuste kooskõlastamiseks (ingl Common

Regulations for the Natural Gas Balancing of Transmission System, edaspidi ka eeskirjad).

Koos eeskirjade muudatuste kooskõlastamise taotlusega esitati ka avaliku konsultatsiooni

raames laekunud tagasiside koos Eleringi vastustega ning muudatusettepanekuid selgitava

dokumendiga. Eeskirjade muudatusettepanekute kohta viis Elering perioodil 23.04.2026 kuni

23.05.2026 läbi avaliku konsultatsiooni2.

07.07.2026 toimus Konkurentsiameti ja Läti riikliku reguleeriva asutuse vaheline

virtuaalkohtumine.

4. Konkurentsiameti hinnang kooskõlastamiseks esitatud eeskirjade muudatuste kohta

Alljärgnevalt on toodud peamised eeskirjade muudatusettepanekud ning Konkurentsiameti

seisukohad vastavate muudatusettepanekute kohta:

1 Eestis Elering AS ja Lätis “Conexus Baltic Grid” AS 2 Kättesaadav: https://elering.ee/node/3996

3 (5)

4.1. Operatiivtasakaalustamine

Elering tegi ettepaneku asendada eeskirjade punktid 10.3.1 kuni 10.3.3 järgmises sõnastuses:

„10.3.1. use of title products on a trading platform, where and to the extent deemed appropriate;

10.3.2. if the trading platform does not provide sufficient need for balancing the transmission

system, products described under the balancing service agreement are used.

10.3.3. Within each level of the merit order set out in sub‑paragraphs 10.3.1–10.3.2, the TSO

shall apply the principle of cost‑efficiency, assessing cost‑effectiveness separately at each

respective level.”

Konkurentsiamet on seisukohal, et eeskirjade punktides 10.3.1 kuni 10.3.3 tehtud muudatused

on põhjendatud ning viivad dokumendi kooskõlla Euroopa Komisjoni määrusega (EL)

nr 312/20143 (edaspidi ka määrus), täpsemalt artikli 9 lõikega 1, mis sätestab

tasakaalutoimingute eelisjärjekorra.

Varasemas redaktsioonis lubas eeskirja punkt 10.3.2 süsteemihalduritel jätta

kauplemisplatvormil pakutavad tooted kasutamata ning eelistada tasakaalustamisteenuseid

juhul, kui kauplemisplatvormi toodete kasutamine oli majanduslikult vähem tõhus. Lauseosa

"või on see majanduslikult vähem tõhus" (ingl „or it is economically less efficient“)

väljajätmine antud muudatusettepanekuga on olulise tähtsusega, et tagada kooskõla määruse

artikli 9 lõikega 1. Vastav säte seab tasakaalutoimingute tegemiseks kohustusliku järjekorra, st

hierarhia tasakaalutoimingute tegemiseks, mille järgi peab süsteemihaldur

tasakaalustamistoimingute tegemisel esimese eelistusena kasutama üldtooteid, seejärel

lühiajalisi standardtooteid ning tasakaalustamisteenuseid alles viimase abinõuna.

Lisaks tugineb see muudatus määruse artikli 8 lõikele 1, mis sätestab olukorrad, millal

tasakaalustamisteenuste kasutamine on lubatud. Nendeks on olukorrad, kus lühiajalised

standardtooted ei taga või ei taga tõenäoliselt ülekandesüsteemi kasutuspiirides hoidmiseks

vajalikku mõjumisvõimet või puudub lühiajaliste standardtoodetega kauplemise likviidsus.

Süsteemihalduril puudub alus kasutada süsteemi tasakaalustamiseks madalama prioriteediga

tasakaalustamistoimingut (ehk eelistada tasakaalustamisteenust) ainult üldise kulude

kokkuhoiu eesmärgil, kuna süsteemihaldurite eesmärk peaks olema lühiajaliste

standardiseeritud toodetena gaasi lühiajalisel hulgiturul oma gaasivaru tasakaalustamiseks

ostetud ja müüdud gaasi koguste maksimeerimine (määruse preambuli punkt 5). Punkti 10.3.2

muudatus kõrvaldab selle vastuolu.

Lisaks, muudetud sõnastus punktis 10.3.3 täpsustab, et süsteemihaldur rakendab kulutõhususe

põhimõtet, hinnates kulutõhusust eraldi igal vastaval tasakaalutoimingu tasandil, mitte

vastavate tasandite vahel. See muudatus viib eeskirja kooskõlla määruse artikli 9 lõike 1

punktiga c ning vastava lõike viimase lausega, mille kohaselt kasutab süsteemihaldur

tasakaalustamisteenuseid ainult juhul, kui lühiajalised standardtooted ei taga või tõenäoliselt ei

taga asjaomase ülekandesüsteemi halduri hinnangul ülekandesüsteemi kasutuspiirides

hoidmiseks vajalikku mõju ning võtab arvesse kulutõhusust üksnes prioriteetide järjestuse

vastavatel tasanditel (ingl „The transmission system operator shall take into account

cost-efficiency within the respective levels of the merit order referred to under (a)-(c).“)

Seega on kulutõhususe hindamine edaspidi lubatud ainult sama hierarhia tasandi toodete

omavahelisel võrdlemisel (näiteks valides kauplemisplatvormil mitme üldtoote vahel kõige

soodsama). Kulutõhusust ei tohi ei määruse ega eeskirja järgi kasutada argumendina erinevate

3 Kättesaadav: https://eur-lex.europa.eu/legal-content/ET/TXT/HTML/?uri=CELEX:32014R0312

4 (5)

tasandite vahel valimiseks. See tähendab, et süsteemihaldur ei saa valida majanduslikult

soodsamat tasakaalustamisteenust juhul, kui kauplemisplatvormil on süsteemi vajaduste

rahuldamiseks saadaval piisavas koguses tooteid ja need tagavad ülekandesüsteemi

kasutuspiirides hoidmiseks vajaliku mõju.

Lähtuvalt eeltoodust on Konkurentsiamet seisukohal, et muudatused on kooskõlas määruses

sätestatuga.

4.2 Arveldamine ja maksed

Elering tegi ettepaneku eemaldada eeskirjade punkt 11.11 ja asendada punktid 11.2 kuni 11.4

järgmises sõnastuses:

„11.2. If during a reporting period (month) the imbalance of the balancing portfolio of network

user is registered in at least one balancing period (gas day D) and the imbalance quantity is

positive, the TSO shall prepare a self-billed invoice on behalf of the network user for all

positive imbalance quantities registered in the reporting period (month).

11.3. The invoice for the positive neutrality charge allocated to the network user shall be issued

together with the invoice for the negative imbalance charge for the reporting period. In the case

of a negative neutrality charge, the TSO shall include it in the self-billing invoice for the positive

imbalance charge of the reporting period.

11.4. The invoice shall include payments to be made by the network user to the TSO, while the

self-billed invoice shall include payments to be made by the TSO to the network user. The date

of receipt of the invoice shall be considered the date on which the invoice is sent or uploaded

to the user profile on the Common Zone platform. The self-billing invoice shall be uploaded to

the user profile on the Common Zone platform or sent to the network user’s email address

specified in the balancing agreement, if requested by the user, no later than the 12th day of the

month following the reporting period The day of sending or uploading the invoice is deemed to

be the day of receipt of the invoice.“

Konkurentsiamet on seisukohal, et eeskirjade punktides 11.2, 11.3, 11.4 ja 11.11 tehtud

muudatused on põhjendatud ning kooskõlas määruses sätestatuga.

Muudatustega nähakse ette vaikimisi isekoostatud arvete (ingl self-billed invoice) lahenduse

kasutuselevõtt. Kui varasemalt pidi positiivse tasakaalustamatuse korral arve esitama

võrgukasutaja või tuli selleks sõlmida süsteemihalduriga eraldiseisev kokkulepe, siis eeskirja

punkti 11.11 väljajätmine ning punktide 11.2 ja 11.4 muutmine muudab isekoostatud arvete

süsteemi standardseks kõigile võrgukasutajatele. Arveldusprotsessi standardiseerimine ja

kahepoolsete erikokkulepete vajaduse kaotamine tagab kõigile võrgukasutajatele ühesugused

arveldustingimused, vähendades ühtlasi mõjutatud turuosaliste halduskoormust.

Punktis 11.3 tehtud muudatus, mis seob neutraalsustasude (ingl neutrality charge) arveldamise

tasakaalustamatuse arvetega, on kooskõlas määruse artikliga 30. Tasude koondamine ühisele

dokumendile (näiteks negatiivse neutraalsustasu lisamine positiivse tasakaalustamatuse

isekoostatud arvele) optimeerib arveldusprotsessi. Seejuures on protsess vastavuses määruse

artikli 30 lõikega 4, mis nõuab, et tasakaalustamise hüvitised eristatakse arvel (st on arvel eraldi

välja toodud). See nõue on täidetud, kuna neutraalsustasu ja tasakaalustamatuse arve esitatakse

küll ühisel dokumendil, kuid need jäävad teineteisest selgelt eristatavaks.

Lähtudes eeltoodust on Konkurentsiamet seisukohal, et arveldamist ja makseid puudutavad

muudatused tõhustavad süsteemihalduri ja võrgukasutajate vahelist infovahetust, vähendavad

halduskoormust ja tagavad võrdse kohtlemise ning on kooskõlas määruses sätestatuga.

5 (5)

5. Kokkuvõte

Konkurentsiamet on üle vaadanud Eleringi poolt 04.06.2026 kooskõlastamiseks esitatud

eeskirjade muudatusettepanekud ning on seisukohal, et muudatused arvestavad kehtivast

seadusandlusest tulenevate alustega ja ei ole vastuolus Euroopa Komisjoni määrusest (EL)

nr 312/2014 tulenevaga ning aitavad luua täiendavaid konkurentsi soodustavaid võimalusi.