Publication: Magyar Közlöny
Issue: MK-2009-155 (Year: 2009, Number: 155)
Era: 2004-2010
Section: 2009. évi CV. törvény
Paragraph Index: 121

c) avoiding undue barriers to entry and impediments to market participants, including new entrants and small players. Without prejudice to the capacity expansion requirements of Article 3.3.3 of the Nabucco Agreement, the States Parties shall permit that transportation capacity will be offered through an Open Season under which qualifying Shippers will be able to bid to book capacity. Shipperswillhavethe right to bookReserved Capacity from entry pointsto defined exit pointsonthe NabuccoProject. Nabucco International Company’s determination of entry and/or exit points shall, among other things, take into account economic, financial and technical feasibility. Open Season The States Parties shall permit that the Open Season is performed pursuant to procedures published by Nabucco International Company on its website ahead of the start of the Open Season, and such Open Season shall ensure that objective, transparent and non-discriminatory conditions apply to all Shippers (including third party entities and Shareholders, their affiliated companies and/or their assignees) that qualify to take part in the Open Season. The invitation to tender would stipulate the available technical total capacity to be allocated, the number and size of lots, as well as the allocation procedure in case of an excess of demand over supply. Both firm and interruptible transportation capacity would be offered on an annual and monthly basis. The invitation to tender would be published, at the cost of Nabucco International Company, in the Official Gazette of each State Party and the Official Journal of the European Union and the allocation process would be fair and non-discriminatory. The Open Season shall be carried out in two steps. In a first step, only the Shareholders, their affiliated companies and their assignees can apply. In the second step, all market participants, including the Shareholders, their affiliated companies and their assignees can apply. If after the second step not all capacity has been allocated, there will be a third Open Season to allocate the remaining capacity. After each step of the Open Season Nabucco International Company shall provide to all relevant State Party Authorities a list of the companies which have reserved capacities of the Nabucco Project. Release of unutilised capacity (expanding the principle set out in Article 3.3.2 of the Nabucco Agreement) Each State Party shall permit that in its Territory Nabucco International Company re-utilises unused Reserved Capacity by allowing Shippers who wish to re-sell or sublet their unused Reserved Capacity on the secondary market to do so in accordance with their contracts. Where Reserved Capacity remains unused and Contractual Congestion occurs, this unused Reserved Capacity shall be made availableto the primarymarketin accordancewith „Use-it-or-lose-itprinciples”(„UIOLI”). Detailed proceduresto be applied for re-utilisation of unused Reserved Capacities shall be included in the Transportation Contracts that Nabucco International Company offers to Shippers. These shall be devised in co-operation with and submitted for prior approval to the relevant State Party Authority. Starting from the completion of the first full calendar year of operation of the Nabucco Project onwards, each State Party shall permit that in its Territory Nabucco International Company sells a portion of the Technical Capacity as interruptible capacity, via a bulletin board on the internet, pursuant to the historical flow and nomination data, provided that: There is Contractual Congestion of Reserved Capacity which has been sold on a firm basis but which is not being used; and The probability of non-interruption of capacity sold on an interruptible basis for the upcoming calendar year is at least ninety (90) percent. The sale of Reserved Capacity on the bulletin board shall not affect the original Reserved Capacity holder’s obligation under the Transportation Contracts, to pay Nabucco International Company for that Reserved Capacity. The original Reserved Capacity holder shall not lose his Reserved Capacity rights and shall still be entitled to use his Reserved Capacity contracted for in full, via the Nomination process. The revenues generated by any marketing of the UIOLI-capacity on an interruptible basis shall be entirely for Nabucco International Company. The States Parties shallpermit that Nabucco InternationalCompany, whichshallestimate expected flowsbased on the Nomination process, to make available the difference between the firm capacity committed and the nominated capacity to the market as interruptible capacity, on a short-term day-ahead basis. If the original Reserved Capacity holder nominates capacity which Nabucco International Company has remarketed, Shippers who have purchased such UIOLI-interruptible capacity shall be interrupted. Any Shipper, which has contracted for capacity on an interruptible basis, shall be informed in advance by Nabucco International Company if it is to be subject to interruption because the original Reserved Capacity holder has nominated some or all of its contractually committed capacity. An interruptible Shipper shall have no right to reject this interruption. Tariff methodology (expanding the Permission set out in Article 3.3 of the Nabucco Agreement) Principles for tariffs Each State Party shall permit that for the capacity sold Nabucco International Company will enter into Transportation Contracts with Shippers under which Shippers pay monthly Capacity Payments (in Euro) which are determined according to the following methodology. Each Transportation Contract will apply that methodology to the volume, distance, time, duration, seasonality involved and to the firm, interruptible and other characteristics of the services provided. The Transportation Contract will also specify other adjustments to the charges payable by Shippers in case of late payment, early termination, change in law etc. The following tariff methodology shall be applied: 1) Capacity Payments: shall be calculated as the relevant tariff stipulated for the relevant year, multiplied by the volume of Reserved Capacity that such Shipper has contracted (expressed as (Nm3(0°C)/h)), multiplied by the distance of such capacity booking (distance is calculated as the distance (in km) between the entry point on the pipeline that the Shipper has committed to deliver gas to, and the exit point on the pipeline that the Shipper has requested Nabucco International Company to deliver the gas to). For clarification, the following formula defines the monthly Capacity Payment: P fr * T * d m n  , where: fr = Shipper contracted capacity volume (expressed as hourly flow rate of gas) d = distance expressed in km (between Shipper contracted entry and exit point) Pm = Payment for Transportation Services in Euro/Month Tn = the adjusted transportation tariff for year „n”, in EURO/((Nm3/h)*km)/y. Further details of the current version of the tariff formula are set out below and Nabucco International Company and the National Nabucco Companies shall apply these for use in the Open Season, other capacity allocation procedures and in the definitive Transportation Contracts: 2) Tariff:The tariff shallbe distance-relatedand (expressedin EUR / ((Nm3(0°C)/h)*km)/y.), whichmeansthat the tariff shall be uniform and apply for all sections of the pipeline. Once the tariff is defined, it shall be escalated on 1st October of every year against a defined tariff escalation formula to be set out in the long-term Transportation Contracts between Nabucco International Company and Shippers. The tariff shall exclude any Taxes, duties or levies of a similar nature. These shall be levied by Nabucco International Company on the Shipper if the same are levied on Nabucco International Company for the provision of the Transportation Services. 3) Tariff calculation: The final tariff paid by the individual Shippers shall be derived from a tariff methodology. In formulating the tariff methodology, and therefore the final tariff, the following factors and objectives shall be observed:

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