Key Benefits:
Publics involved: gas chain actors, natural gas suppliers and their customers, infrastructure managers (transport and distribution networks, methane terminals, storages), administrations and representatives of the gas industry.
Subject: prevention and crisis management in the country's natural gas supply, or a Member State of the European Union in the event of the implementation of European solidarity within the meaning of Regulation (EU) No 994/2010 of 20 October 2010 concerning measures to guarantee the security of the supply of natural gas.
Entry into force: the text comes into force on the day after its publication.
Notice: the gas emergency plan pursuant to Regulation (EU) No. 994/2010 of 20 October 2010 concerning measures to ensure the security of the supply of natural gas contains the measures to be taken to eliminate or mitigate the impact of gas shortages. The emergency plan includes emergency measures, specifies the legal framework within which they apply and sets out the principles of their implementation. It also specifies the organization and operation of the crisis cell in the event of an emergency plan was initiated.
References: This Order is available on the website Légifrance (http://www.legifrance.gouv.fr).
Minister of Ecology, Sustainable Development and Energy,
Having regard to Regulation (EU) No. 994/2010 of the European Parliament and Council of 20 October 2010 on measures to ensure the security of the supply of natural gas and repealing Council Directive 2004/67/EC;
Considering the energy code, including Article L. 143-6;
In light of the opinion of the Higher Energy Council of 22 October 2013,
Stop it!
The provisions of this Order and of the emergency plan elaborated in the framework of the implementation of Regulation (EU) No 994/2010 on the security of supply annexed to it are the purpose of preventing and managing a crisis in the country's natural gas supply, or of a Member State of the European Union in the event of the implementation of European solidarity within the meaning of the regulation.
The emergency plan includes emergency measures, specifies the legal framework within which they apply and sets out the principles of their implementation.
It also specifies the organization and operation of the Crisis Cell defined in Article 4 of this Order.
Customers connected to transport and distribution networks comply with the removal orders issued by the transport network managers and distribution network managers, even if they are launched before the emergency plan is started.
In order to ensure the effectiveness of removals, industrial customers connected directly to transport and distribution networks are required to respond to questionnaires sent by transport network managers and distribution network managers within 30 days of the date of receipt of these questionnaires. The answers provided by these customers are engaging.
The national emergency plan is triggered by the Minister for Energy.
The national emergency plan is implemented in the following cases:
- failure or lack of gas supplies, which originated in economic, social or political tension in a foreign country, or a technical incident on a storage, production or transport facility outside the national territory;
- failure of a supplier that would no longer allow, if any, to ensure a transitional or sustainable balance between supply and demand in the national territory;
– dysfunction and, more generally, any event having a national impact on gas networks and facilities located in the national territory;
– dysfunction and, more generally, any event that has a local impact on gas networks and facilities located in the national territory;
― exceptional climatic episode, such as the balance between supply and demand of the French market is no longer guaranteed by the obligations made to companies;
― France's participation in the implementation of decided emergency measures in collaboration with one or more EU Member States or EU Member States, in particular under Regulation (EU) No 994/2010.
Gas operators who are aware of a situation likely to lead to an event such as those listed above shall forthwith transmit their information to the Director General of Energy and Climate, who is the competent authority within the meaning of the Regulation, so that the latter may assess the situation and, as necessary, propose to the Minister responsible for Energy the initiation of the emergency plan.
A crisis cell, under the direction of the Director General of Energy and Climate, is convened without delay in the event of an emergency plan was launched.
The Crisis Unit consists of the following members:
– the Director of Energy or his representative and the services of the sub-director responsible for the security of supply of the Ministry of Ecology, Sustainable Development and Energy;
– the senior defence official of the Ministry of Ecology, Sustainable Development and Energy, or his representative;
- Crisis correspondents designated by gas operators (transport and distribution networks managers, storage facilities and methane terminal operators) and suppliers;
national representatives of the gas industry (AFG, UNIDEN, MEDEF-comité énergie, UPRIGAZ, ANODE, FEDENE)
a representative of the REC if necessary;
– a representative of RTE and the French Electricity Union (UFE).
Infrastructure managers (underground storage of gas, methane terminals, transportation and distribution networks), suppliers and concerned gas professional organizations are required to propose to the Minister responsible for energy, within one month of the publication of this Order, the name and contact information of the representative(s) of their company or organization, designated as a Crisis Correspondent(s). This list of crisis correspondents is maintained by the competent authority.
Crisis correspondents, as necessary, participate in the crisis cell. They are convened by the Director General of Energy and Climate based on the nature of the crisis.
The decision of 27 October 2006 on national emergency measures to ensure the security of natural gas supply in the event of a crisis is repealed.
The Director General of Energy and Climate is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
A N N E X E
PLAN OF USE IN THE FRAMEWORK OF THE IMPLEMENTATION OF THE REGULATION (EU) No. 994/2010 OF THE EUROPEAN PARLEMENT AND OF THE COUNCIL OF OCTOBER 20, 2010 CONCERNING MEASURES TO RELIEVE THE SAFETY IN NATURAL GAS AND ADVERTILING THE
Introduction
The measures proposed in this plan, developed as part of the implementation of Regulation (EU) No 994/2010, are intended to meet the requirement to strengthen solidarity among Member States in the case of an emergency situation at the European Union level, with a view to supporting Member States as a priority neighbouring.
The regulation defines a specific content for the emergency plan (UMP), which requires to adapt the national gas emergency plan based on the order of October 27, 2006, pursuant to Directive 2006/67/EC, which responds to all emergencies, including those that do not fall within the scope of the Community Regulation. This plan, which must replace the current plan, reflects in particular the three levels of crisis defined by the regulation (early alert, alert and emergency) and specifies the measures of temporary easing of French public service obligations in order to comply with the European solidarity requirement in the event of a gas crisis (1).
Unlike the preventive action plan (PAP), the emergency plan has a legally binding nature as the emergency response must follow "as close as possible the actions listed in the emergency plan" (2). To come into force after validation by the European Commission, this plan will be subject to an order by the Minister responsible for energy.
1. Contents of the contingency plan
The emergency plan is intended to prevent and, if necessary, organize the supply of France in natural gas in accordance with the double requirement of the continuity of supply of French protected customers and the implementation of European solidarity.
1.1. Objectives
The main purpose of the emergency plan is to address any interruption in the supply of natural gas from France or another Member State. For this reason, it provides for the management of the insufficient supply of gas in the French market, in particular to ensure the provision of protected customers in France or another Member State. It also determines how a strengthened supply standard in relation to the requirements of Regulation (EU) No 994/2010 or an additional obligation in relation to the regulation imposed on natural gas companies in France can be temporarily reduced in the event of an emergency declared at the European Union or at the regional level. Finally, it aims to restore consumer food continuity, and to ensure as soon as possible a level of supply compatible with the continuity of the country's economic life and the satisfaction of the needs of the population.
1.2. Principles and organization of the emergency system
The Minister for Energy (by delegation, the Director General of Energy and Climate in conjunction with the senior defence official of the Ministry of Ecology, Sustainable Development and Energy [3]) is responsible for the development, updating and dissemination of the emergency plan, in conjunction with the Ministers responsible for the interior and transport, as well as the gas industry.
1.2.1. Objectives and principles
of the national emergency system
The emergency plan aims to put in place a device that can be implemented quickly to prevent or delay a supply crisis.
If the crisis is therefore unable to meet all the needs in France, the provision of customers will be carried out according to a priority order, according to large pre-established categories and to the extent of operator operating constraints (4). As long as the operation of the national market is normal, suppliers guarantee the provision of natural gas to all customers who have not accepted a contractual switching clause (5).
In accordance with the Treaty on the European Union (art. 5) and the inter-ministerial directive of 5 January 2001 on resources, the contingency plan is guided by two principles:
Subsidiarity: security of supply is a subject that is primarily the responsibility of the Member States. It is at the national level that the measures to be taken in the event of a crisis, decomposed, according to its magnitude, in three levels of involvement: first of all, market operators, who are by nature close to the crisis, then the States themselves, and finally, if the emergency measures taken at the national level seem insufficient or inoperative, the coordination group for the gas (GCG) can be consulted
Modularity: the principle of modularity implies that emergency measures can be implemented in a graduated manner without necessarily setting up the crisis cell and without implementing all the measures planned.
1.2.2. Scope
(a) Object.
The emergency plan applies to natural gas as well as to gases that may be safely routed to the networks (e.g. biomethane), whether transported by pipelines or stored in the gaseous state or liquid state, in the form of liquefied natural gas (LNG).
(b) Infrastructure.
The emergency plan applies to all facilities in the French territory that contribute to the natural gas supply:
- natural gas transmission and distribution networks, including compression stations and other auxiliary installations;
- methane terminals, including storage tanks and auxiliary installations;
- underground storage of natural gas;
- production facilities that inject gas into the transportation or distribution network (whether natural gas or biomethane);
and any work necessary for their operation.
(c) Responsibilities.
The actors involved in this plan are the public authorities (Department for Energy, Ministry of Interior, Ministry of Transport and their territorial levels) and the actors of the gas chain, that is, the following companies:
– facility managers (stockings, methane terminals);
– network managers (transport - GRT, distribution - GRD);
- producers;
– all authorized suppliers, regardless of the categories of customers they supply (6);
- consumers (7).
It is anticipated that the emergency plan defines the role and responsibilities of natural gas companies and industrial customers who consume gas, including the relevant electricity producers, taking into account how they are affected in the event of a gas shortage, as well as their interaction with the relevant authorities (8).
(d) Emergency cases.
The emergency plan is intended to be implemented in the event of a crisis or eventuality of crisis and can be implemented in order to anticipate a potential shortage of supply and prevent its consequences. The emergency plan measures are implemented after it has found that the use of only market measures is insufficient and have priority over any other measure.
Depending on the severity or imminence of the crisis, it is distinguished two levels of alert and one level of emergency:
– Early warning or alert levels are reached when a significant risk of imbalance between supply and gas demand is identified for the coming days. In this situation, however, the domestic market at the national level continues to operate according to its usual rules and gas companies ensure continuity of supply to end consumers;
― the level of emergency is reached when market-based measures no longer allow all needs to be met in France. Non-market-based measures must be taken to preserve or restore the balance and safety of the gas system.2. The crises justifying the implementation of the emergency plan
2.1. Typology of crises
"crisis" means, within the meaning of this plan, any event that translates or is likely to result in a gas disruption of end-users in all or part of French territory, including:
- failure or lack of gas supplies, which originated in economic, social or political tension in a foreign country, or a technical incident on a storage, production or transport facility outside the national territory;
― failure of a supplier that would no longer allow, if any, to ensure a transitional or sustainable balance between supply and demand in the French market;
– dysfunction and, more generally, any event having a national impact on gas networks and facilities located in the national territory;
– dysfunction and, more generally, any event that has a local impact on gas networks and facilities located in the national territory;
― exceptional climatic episode, such as the balance between supply and demand of the French market is no longer guaranteed by the obligations made to companies;
― France's participation in the implementation of decided emergency measures in collaboration with one or more EU Member States or EU Member States, in particular under Regulation (EU) No 994/2010.
The failure of a supplier that would no longer allow, if any, to ensure, in a transitional or sustainable manner, the balance between supply and demand in the French market enters the scope of application of the last resort supplier device Decree No. 2004-251 of 19 March 2004 relating to public service obligations in the gas sector.
Gas operators and the Ministry of Energy are responsible for detecting the risks of supply disruption and strengthening response capacity in the event of such a risk. This alert mechanism is based in particular on the regular analysis of gas stocks and supply forecasts provided by shippers, as compared to the forecast of consumption in cold times.
In particular, as soon as the industry is preparing to implement exceptional means to deal with an imbalance between supply and demand (or a risk of rupture) of supply, the Minister responsible for energy (general direction of energy and climate) is alerted and may decide to trigger the PU.
The Minister for Energy determines the appropriate level of alert and gathers a crisis cell whose composition is adapted to the nature of the event (local crisis, exceptional climate episode affecting France or EU emergency) in order to direct action to the relevant and proportionate measures, in particular in the case of non-market-based measures. Exceptional measures shall not have the effect of excessively obstructing the functioning of the domestic market or the supply of a neighbouring Member State.
2.2. Three main levels of crisis (9)
When reliable information indicates that a situation outside the EU threatens the security of supply of one or more of the Member States and may trigger an early warning mechanism between the EU and a third country, the European Commission shall inform the GCG without delay and the Union shall take appropriate measures.
When the competent authority triggers the PU, it promptly informs the European Commission of the level of the crisis (and subsequently of the cessation of the crisis). A press release is issued at the beginning and end of the crisis situation.
2.2.1. Early warning
The French authorities designated the Minister for Energy, and by delegation the Director General of Energy and Climate, as the competent authority within the meaning of the regulation. The decision to trigger the early warning is based on the existence of tangible and reliable information, according to which the probability of occurrence of an event as listed in 2.1 and likely to result in a gas failure of final consumers in French territory potentially justifies the outbreak of the alert or emergency.
Thus, this decision is subject to the finding by the competent authority that at least one of the following events may occur and that it weakens or is likely to weaken the country's supply status (for the application of the above criteria, transport network managers (GRTgaz and TIGF [10] are based either on digital thresholds or on an estimate of risks)
― sustainable absence of gas streams on at least one of the main points of the network (existing digital threshold defined by the GRT);
– sustainable loss of at least one source of supply in a producer country (existing digital threshold defined by the GRT);
― failure of a supplier representing more than 5% of the consumption of the affected balancing area;
- dysfunction and, more generally, any event resulting in a lack of availability of major segments of the transport network or major underground storages or methane terminals, excluding planned maintenance operations (acknowledge based on climate conditions and fluxes);
― exceptional weather conditions, especially in the case of a high demand situation corresponding to the situation of a cold winter as it occurs statistically one every fifty years;
― any event likely to affect the operation of the gas system and to cause a gas outage of final consumers in French territory;
- combination of previous events.
The situations for the normal operation of the infrastructure are to be ruled out (e.g. scheduled work or shippers making appointments equal to zero on a French network entry point). On the other hand, a situation during which there would be a combination of planned and non-deferral work on a major axis in France with a risk of supply rupture upstream is likely to lead to the initiation of an early warning.
At this point, however, no procurement failures have yet been proven. The market continues to operate according to its usual rules and gas companies ensure continuity of supply from market-based measures.
Gas GRTs, underground storage operators and methane terminals and gas suppliers shall transmit daily to the competent authority an analysis of the situation for their respective areas of activity.
2.2.2. Alert
The alert is triggered by the Minister responsible for energy when the gas demand is exceptionally high, or a supply shortage is found, significantly harming the supply of the country as a whole. However, the normal operation of the market still allows to deal with this rupture or demand without the need to resort to non-market-based measures.
The decision to trigger the alert is subject to the finding by the competent authority that at least one of the following events occurred and weakens the supply of the country:
― finding a breakdown of supply;
― sustainable absence of gas streams on one of the main points of the network;
– sustainable loss of a source of supply (in a producer country);
- failure of a supplier (depending on its size and market share)
– dysfunction and, more generally, any event resulting in a lack of availability of main segments of the transport network or major underground storages or methane terminals, excluding planned maintenance operations;
• exceptional weather conditions, especially in the case of a high demand situation;
– risk of a prolonged shortage that could have a negative impact on the functioning of the national gas system;
- combination of previous events.
The domestic market continues to operate according to its usual rules and gas companies ensure continuity of supply from market-based measures.
Gas GRTs, underground storage operators and methane terminals, distribution network managers (GRD) and gas suppliers transmit daily to the crisis cell (see infra 3) an analysis of the situation for their respective areas of activity.
2.2.3. Emergency
The emergency is declared and the emergency plan (11) is implemented in the event of an exceptionally high gas demand or a significant disruption of the supply and in the event that market-based measures have not met the gas demand, so that additional measures, not market-based, must be put in place to ensure the PSOs and, in particular, to protect the gas supply to the customers in accordance with the regulation 8
The decision to declare the emergency is subject to the finding by the competent authority that all possible market-based measures were followed by effect but did not achieve the intended purpose.
The emergency declaration decision is also subject to the finding by the competent authority of at least one of the following:
– the existence of a technical incident on a network or a gas facility (agricultural) without an emergency solution available in the near future;
– limitations on the implementation of market-based measures that allow for the food of at least protected clients (households, organizations responsible for a mission of general interest – MIG ― and public distributions);
― deteriorating supply or exceptional climatic episode with risk of interruption of the supply of customers who have not signed a switchable supply contract;
― relaxation of public service obligations (OSP) as part of a call to European solidarity (12).
Non-market-based measures are decided to preserve the balance and safety of the gas system and to ensure that the OSPs are at best respected and, in particular, to ensure the continuity of supply of protected customers. These measures should not result in excessive interference with the functioning of the domestic market or the supply of a neighbouring Member State.
Gas GRTs, underground storage operators and methane terminals, GRDs and gas suppliers transmit daily to the crisis cell (see infra 3) an analysis of the situation for their respective areas of activity.
As part of an emergency situation at the local level, removal measures may be taken, for example in the event of a serious network-affected incident, in close connection with the GRT, GRD and the suppliers concerned. The emergency declaration is necessary in these circumstances of recourse to the removals without necessarily implying an appeal to European solidarity by the French authorities to the European Commission.
Potentially disposable industrial customers are informed on a priority basis of the emergency trigger so that they can ensure their preparation in the best possible conditions.
2.3. Interactions between gas and electrical systems
If the event is likely to have a repercussion on the electrical system, close coordination between the gas system and the electrical system is put in place according to the level of crisis: as such, the gas and electrical GRT transmit daily to the competent authority an analysis of the situation, in coordination with energy suppliers and other gas infrastructure managers, with the exception of local distribution companies (ELD) (13).
Particular attention is paid to the maximum transmission time and to the update frequency of the information transmission. These measures must be consistent with the constraints of gas and electricity flexibility mechanisms, including appointments and interconnections.
3. The emergency device
The governance of the emergency system is based on the establishment of a gas crisis cell under the aegis of the competent authority (14).
The decision to implement, announce and close the emergency plan was echoed by the Minister for Energy.
In the event of the launch of the plan, the gas crisis unit meets without delay under the direction of the Director General of Energy and Climate in the Ministry of Ecology, Sustainable Development and Energy (MEDDE). Depending on the nature of the event, the crisis correspondents designated by the gas operators and the organizations concerned participate in this crisis cell.
The cell is the recipient of all information that will allow it to assess the situation and which in particular concern the following elements (15):
– forecast for the next three days of demand and daily supply of gas;
- daily flow of gas at all cross-border entry and exit points and at all points that connect a production facility, storage facility or a LNG terminal to the network, in millions of cubic meters per day (Mm3/j);
―where it is anticipated that the gas supply of protected customers can be assured.
The crisis communication is the responsibility of the Minister for Energy. The Crisis Cell is responsible for providing the necessary summary elements to the Minister responsible for energy. It ensures all internal communication tasks, including through the development of a daily report. Outside, it connects with the GCG.
The crisis unit decides appropriate measures to respond to the situation, and ensures that they are properly implemented. It ensures consistency and complementarity between the various measures implemented by the actors concerned. Before deciding on possible non-market-based measures, the competent authority shall verify that market-based measures have reached their limits.
At each level, the person in charge may implement progressively or simultaneously, depending on the extent and progress of the crisis, the measures of the emergency plan, until the consequences of the crisis are eliminated, or at least, to the satisfaction of the needs of protected clients.
After the lifting of the emergency, in the context of the return of experience, the Crisis Cell transmits to the European Commission, the GCG and the market actors requested in the framework of measures taken by the French authorities within six weeks a detailed assessment of the urgency and effectiveness of the measures implemented, which includes an assessment of the economic impact of the emergency for all the actors (in terms of direct costs and impact of the electricity sector)
4. Measures implemented
The triggering of the emergency plan is based on the implementation of graduated measures that can range from incentive to application moderation to removal, as a measure of last resort. The measures can be implemented successively or in parallel.
The measures implemented and the efforts they represent for each supplier must be proportioned, particularly with regard to the size and structure of each supplier's client portfolio, to ensure a fair and equitable distribution of the load.
4.1. Application measures
The initiation of the emergency plan requires first and foremost demand-driven measures, complementing all other measures taken by the competent authority, which can be implemented concurrently.
Where appropriate, in the event of an emergency, the Minister's order must specify that natural gas suppliers authorized in the French market (17), managers of storage infrastructure and methane terminals as well as industrial customers connected to a gas transport or distribution network, are required to comply with requests from the administration to ensure the proper implementation of the measures decided in the context of the implementation of the PU. When these measures are implemented, operators of these facilities and suppliers are required to inform their customers by any appropriate means.
Measures to be implemented:
- recommendation to moderate energy consumption (18). For this purpose, advertisements are broadcast at the national and/or local level in the media by the competent authority (television, radio, newspapers) (19); strict application of temperature limitation in premises of certain institutions receiving the public (20);
- termination of the provision of switchable customers;
― switching industrial customers in a position to resort to an alternative energy source and not having signed a switchable contract;
- reduction or cessation of consumption in public facilities that do not receive public during an emergency period;
― limitation of the duration of heating in the premises of institutions receiving the public (21).
4.2. Measures to eliminate public service obligations
The easing decision of the OPS is taken exclusively in the context of the implementation of the emergency plan. The French OSPs are heard as the "reinforced procurement standard" permanently within the meaning of the regulation (arts. 8-2). In the event of an emergency declaration in another Member State, at the regional or local level, the PSOs may be temporarily reduced in the implementation by France of the European solidarity community requirement.
The level of requirement of these obligations may be temporarily lowered after the emergency plan is initiated and a crisis cell is established. Thus, a portion of the gas reserved to cover the consumption of a cold tip at risk 2% could be made available in markets for solidarity, provided that this measure does not prejudice the safety, environment and industrial tool in France or leads to the removal of protected customers.
The applicable conditions for SOP easing measures are:
– lack of risk on safety, the environment, the industrial tool;
– a decision of easing made daily by the French authorities for the next day and for a limited period of 24 hours;
― easing is accompanied by the determination of a trajectory to regain the level of OPS (how is reconstituted the necessary level of storage);
― setting limits to easing, which can be defined according to the conditions and period;
― in the event of a reduction in the level of requirement of OSPs, a specific monitoring of the situation in France (network balance, resources, consumption) is in place to anticipate the possibility of a crisis situation occurring also in France, as long as the usual level of OSPs has not been restored;
– the determination of a gas price made available to suppliers, under the control of the Energy Control Board (22).
The exceptional nature of the measures to be implemented is that it is the maintenance or restoration of gas supplies for the benefit of protected customers from other Member States. The competent authority must therefore estimate the available share of the resource under the requirements applicable to French suppliers in respect of PSOs.
4.3. Conservative measures taken by the French authorities
The Government may Decree No. 92-1466 of 31 December 1992 under Article L. 143-1 of the Energy Code, for a specified period, subject to control and distribution, in whole or in part, of energy resources. These measures concern the production, import, export, traffic, transport, distribution, storage, disstocking, acquisition, disposal, use and recovery of products.
In the event of a threat to the security of the country's supply of natural gas, the Minister for Energy may order the strictly necessary and proportionate precautionary measures, including the granting or suspension of supply or transport authorizations and underground storage concessions of natural gas.
Section L. 121-32 of the Energy Code provides public service obligations, including the continuity of supply and security of supplies. These provisions are the legal basis for the pronunciation of sanctions against suppliers who would not obey the precautionary measures ordered by the Minister. Sanctions are providedArticle 6 of Decree No. 2004-250 of 19 March 2004 relating to the authorization to supply gas.
4.4. Measures and actions on urban heating
Member States are required to take measures to mitigate the potential impact of a gas shortage on urban heating as long as it is "appropriate" (23). The 436 heat networks identified in the 2010 branch survey delivered 31,073 GWh of which 7,597 GWh were produced from natural gas out of cogeneration and 6,094 GWh from natural gas in cogeneration. Natural gas thus represents 44% of the thermal production of heat networks.
If two-thirds of the heat networks have an energy mix composed of at least two energies, a breakdown of the supply of the networks would lead to a significant drop in the production capacity, which justifies the implementation of measures on the demand for gas from these networks to mitigate the consequences of the removals that could be decided last resort.
4.5. Last spring measures: removals
As part of the emergency plan, it may be considered, as a last resort, to use removal measures. The removal measures have a local or national character depending on the case and create a certain form of risk pooling among all gas consumers: household customers, essential social services, companies.
The removal is a non-market-based measure, based on demand for force majeure, and is not a temporary reduction measure of a strengthened supply standard (as defined in section 8-2 of the Regulations) or an additional obligation imposed on natural gas companies. If the removals are not enough to restore the functioning of the market, a call for European solidarity must be launched.
In the area of removal, a distinction should be made between the procedures applicable by the GRTs and those applicable by the GRDs, since they are not technically and humanly able to conduct simultaneous large-scale simultaneous removals (24).
However, a priori should not be excluded from distribution network removals as some industrial operators with similar activity can be connected either to the transport network or to the distribution network. This is the reason why the implementation of a removal plan requires close coordination between GRT, GRD and the crisis cell (especially in the case of higher constraints for some customers connected to the transport network than for some customers connected to the distribution network).
As a result, disassembly on the distribution network is reserved for critical situations of force majeure for which the removal of customers directly connected to the transportation network is not sufficient to ensure the maintenance of the supply of public distributions.
The removal process (comparable in its effects to an unscheduled maintenance operation) will need to be defined in a regulatory framework that can be supplemented with future network codes.
In particular, the responsibility of a supplier in a balance situation (i.e., who has gas in sufficient quantities to supply its end customers) must not be legally questioned by one of its customers who would have suffered damage as a result of an inherent cut in a network imbalance created by other suppliers.
4.6. Implementation of European solidarity
The French competent authority considers that it is necessary to consider as protected within the meaning of the regulation all consumers connected to distribution networks (25). A broad definition of protected clients should not conflict with European solidarity mechanisms (26). The French PSOs, prior to the completion of the risk assessment, are heard as the "reinforced procurement standard" permanently within the meaning of the regulation (27).
The regulation provides that, in a spirit of solidarity, the competent authority determines how a strengthened supply standard or an additional obligation imposed on natural gas companies may be temporarily reduced in the event of an emergency at the EU level or at the regional level (28).
It is anticipated that the Minister for Energy will be able to ease supply standards by order, for a limited duration and purpose, as a derogatory in the event of early warning or alert, particularly in the case of European solidarity implementation (29). The implementation of this measure is preceded by the verification of the lack of risk on safety, the environment and the industrial tool. The day-to-day follow-up would be provided by the services of the General Directorate of Energy and Climate (DGEC), from which it would be proposed, if any, to the Minister to decide the easing on the basis of three successive alert levels (30).
Natural gas companies are encouraged to enter into trade agreements, including an increase in gas exports or increased use of stocks (31).
5. Modalities for cross-border cooperation
5.1. Agreements between adjacent GRT
The agreements signed between adjacent GRT provide specific provisions on emergency measures and crisis management.
GRTgaz and TIGF have signed several "interconnection agreements" with the carriers of the Member States or neighbouring countries:
― Fluxys, for the interface with Belgium in Taisnières H;
– Open Grid Europe and GRTgaz Deutschland for the interface with Germany in Obergailbach;
– Transitgas and FluxSwiss for the interface with Switzerland in Oltingue;
Gassco for the interface with Norway in Dunkerque;
Enagas, for the interface with Spain in Larrau and Biriatou;
― Gaznat for the interface with Switzerland in La Cure (32).
These agreements address operational issues related to day-to-day interconnection management and address the following:
- management of gas flows at the border;
― management of balancing (non-systematic) (33);
― terms for exchanges of information and data messages;
• quality control of the gas, and recall of specifications;
― measuring the amount of gas in energy;
– Operational management of the delivery contracts at the interface: matching and allocation processes;
- managing the balance accounts between carriers;
– management of operational hazards and coordination of operators in such situations;
- consultation for maintenance operations.
Other operational agreements of this type are also in project, especially with Fluxys, for interconnection with Belgium in Taisnières B. All of these agreements will be updated to take into account the new obligations resulting from European network codes on balancing and interoperability.
5.2. Constraints that can affect transit flows to Spain, Switzerland and Italy in the event of a supply crisis in France
France has a transit country role for gas from northern Europe and to the Iberian Peninsula, on the one hand, Switzerland and Italy, on the other. This translates into flows out of French territory, which are on average annual from 45 to 50 TWh to Oltingue and from 34 TWh to Larrau/Biriatou, with daily winter averages of 94 GWh/j and 96 GWh/j respectively (34).
In the event of a crisis, the continuity of transit will depend on several factors: volumes of gas that will be available to shippers upstream of the border point concerned, but also possible constraints on the French network that could limit the ability to transit the gas, even in degraded situations.
In this regard, the interruption of delivery from Germany to Obergailbach could create, under certain special circumstances, a western-eastern constraint on the French network, which would weaken transit through France to Switzerland and Italy. Volumes may need to be adapted according to the interruptions in Germany, with a view to the fair distribution of efforts between member states.
In the event of a reduction in the transit flow required to Switzerland or Spain, the GRTs first inform the French authorities (the Minister of Energy, DGEC and the Energy Regulatory Commission) and, with the agreement of the competent authority, make the necessary adjustments. They are also required to inform adjacent operators (35).
5.3. Constraints that can influence flows in France
in the event of a supply crisis in a third country
The crisis cell, which has information that could have an impact on the supply of France, broadcasts it to the relevant actors of the gas chain, in particular:
- intra-zone congestion that could reduce incoming flows in France (36);
– the regulatory measures taken, or to be taken (such as the establishment of conditional capacity options), which may reduce or modify incoming or outgoing flows in France (37);
― the conformity of these measures to the regulation: in particular its articles 10-7-a and b, which provide that "no action is taken at any time that unduly restricts the flow of gas within the domestic market" and "that may seriously compromise the state of the supply of gas in another Member State";
– the planned exchange of information between the European Commission and the gas coordination group.
6. Monitoring the implementation of the contingency plan
When the competent authority determines an emergency situation pursuant to Article 10-6 of the Regulation, it initiates predefined actions as provided for in its contingency plan and immediately informs the European Commission, inter alia, of the actions it intends to undertake.
In exceptional circumstances, the competent authority may take steps away from the emergency plan. It immediately informs the Commission of these measures and justifies them.
The European Commission and the competent authority check upstream that "[...] the actions listed in the emergency plan [...] shall not impose excessive burden on natural gas companies [...]" (38).
Annexes
1. Composition of the crisis cell
List of Crisis Staff members:
– the Director of Energy or his representative and the services of the sub-director responsible for the security of supply of the Ministry of Ecology, Sustainable Development and Energy;
– the senior defence official of the Ministry of Ecology, Sustainable Development and Energy, or his representative;
- Crisis correspondents designated by gas operators (transport and distribution networks managers, storage facilities and methane terminal operators) and suppliers;
national representatives of the gas industry (including AFG, UNIDEN, MEDEF-comité énergie, UPRIGAZ, ANODE, FEDENE)
a representative of the REC if necessary;
a representative of RTE, as well as the French Electricity Union (UFE).
2. The removal process
2.1. Procedural framework
2.1.1. Establishment of customer lists
ensuring a mission of general interest (MIG)
The development and updating of MIG customers, which must be carried out with the help of prefectures and GRD, is as follows:
suppliers list MIG customers per department by distinguishing those connected to the transport network where applicable;
– they address it to the relevant network manager who consolidates the lists of the different suppliers and, after modifying or supplementing them, address them to the prefect of the consumer place department;
― prefects consult with the organizing authorities of the public distribution of the territorially competent gas and may amend/complete the lists before taking the order that sets the final list.
2.1.2. Complementary device to ensure
effectiveness of removals
In order for the removal orders defined by the GRT and GRD to be followed by effect and because the speed of implementation of the measures is essential, the Minister of Energy's decision on the adoption of the emergency plan requires the obligation to comply with the removal orders issued by the GRT and by the GRD even if they are launched before triggering the emergency plan, in the case of deletion.
The Order also imposes on industrial customers connected directly to the transport and distribution networks an obligation to respond to the TG and GRD questionnaires (see infra 2.2.1) and specifies that the responses provided are binding. GRD questionnaires may be limited to customers at the T4 or TP distribution rate.
2.1.3. Last resort suppliers in natural gas
TGs have an obligation to provide last resort to feed MIG customers for five days in the event of a supplier's failure. It is therefore appropriate that TRMs be able to estimate the volume and flow of gas that must be contracted with suppliers/stockers to comply with this obligation from an updated list of all MIG customers for each department.
The Order of May 19, 2008 on the provision of last resort of natural gas to non-domestic customers providing general interest missions related to the satisfaction of the essential needs of the nation provides that, when their supplier is failing, they may appeal to a last resort provider on a list prepared by the Minister for Energy.
Act No. 2003-8 of 4 January 2003 and Decree No. 2004-251 of 19 March 2004 relating to public service obligations in the gas sector provided for the provision of a final natural gas remedy for "IM" customers in the event of failure of their original supplier. Following a call for applications launched on 14 May 2012, an order for last resort suppliers was issued in August 2012.
Last-time suppliers of natural gas, designated for a period of three years by order of 7 August 2012, are:
- Gas of Bordeaux (Bordeaux), for its geographic area of service;
― Enerest (Strasbourg), for its geographic area of service;
― GEG Source of energy (Grenoble), for the department of Isère;
Vialis (Colmar), for its geographic area of service;
― ENI (Levallois-Perret), for service areas of Distribution France (GrDF) network gas located on the GRTgaz Nord (gaz H) balancing area;
― GDF Suez (Paris La Défense), for the entire national territory.
2.2. Priority order of removals (39)
The regulations distinguish two types of removals:
- voluntary removal that is considered a market-based measure (40);
– mandatory removal that is not a market-based measure (41).
In the event that the crisis leads to an impossibility of satisfying the entire demand for gas in France, customers will be fed according to a priority order, depending on the pre-established major categories and within the limits of the operating constraints of the operators.
The French competent authority considers that it is necessary to consider as protected all consumers connected to distribution networks, GRTs and GRDs must coordinate in order to maintain the supply of the largest number of customers in the event of a need for removals.
Given the current functioning of the gas market in France, the establishment of a priority order must be carried out through a process of market consultation. It should then be formalized (42) to ensure the legal security of GRT and GRD (43).
The proposed indicative order of priority is as follows:
- switchable customers (for a supply contract or for a delivery capacity);
– industrial customers connected to the transport network, excluding customers combined gas cycles;
- combined cycles of gas and power plants;
― distribution network, with by order of priority industrial customers at the T4 or TP distribution rate, other industrial customers, non-domestic customers not providing a general interest mission, MIG customers, and then household customers.
To date the distinction between voluntary and compulsory removal is not made formally in France. The removal is assimilated to a market-based measure as long as it is not made mandatory either because of a technical problem or in the event of a complete cut-off of an artery, or by a decision of the Minister for Energy in the context of the implementation of the national gas emergency plan (PNUG). The Minister therefore reserves the opportunity to give instructions to the carrier or distributor to delerate the sites concerned.
| Disposition of the switchable share of switchable customers | Founded on the market | Switchability supplier | 1 |
| Recommendation to moderate gas consumption | Founded on the market | Replaces on a voluntary reduction in consumption | 2 |
| Voluntary transfer of industrial customers able to use an alternative energy source | Founded on the market | Corresponds to a voluntary removal | 3 |
| Strict application of temperature limitation in facilities receiving public access | Not market-based | Forced demand reduction | 4 |
| Limitation of heating time in facilities receiving public access | Not market-based | Forced demand reduction | 5 |
| Compulsory switching of industrial customers able to use an alternative energy source | Not market-based | Compulsory removal | 6 |
| Compulsory removal of industrial customers who do not provide MIGs and whose removal of this risk to health, safety, the environment, or immediate risk of degradation of the industrial production tool | Not market-based | Compulsory removal | 7 |
| Compulsory removal of CCGCs | Not market-based | Compulsory removal after consultation with RTE | 7 (if RTE agreement) |
| Compulsory removal of industrial customers who do not provide MIG (as per established priority order) | Not market-based | Compulsory removal | 8 |
| Maximization of emissions on the network (LNG and storage) in compliance with PSOs | Founded on the market | | 1 | |
| Duty to collect gas in storage | Not market-based | As part of the common provisions of Decree No. 2004-251 "OSP" | 2 | |
| Obligation to collect gas in storage (45) | Not market-based | Temporary easing of OPS | 3 | |
| (44) Effective control of these measures may be complex in the absence of means of coercion. (45) Unless this measure does not prejudice safety, the environment and the industrial tool. | ||||
2.2.1. GRTgaz area
To date, there is no formalized priority order for industrial customers connected directly to the transport network. GRTgaz pays particular attention to combined gas (CCGC) power plants as, prior to removal, an audit is planned with RTE to avoid jeopardizing the electricity transmission network. A specific coordination between the gas and electric GRTs must be put in place with, in parallel, a coherent communication towards the electricity producers from gas to avoid any conflicting instruction (46).
For the rest, the supply of MIG customers and household customers connected to public distributions is a priority compared to industrial customers connected to the transport network and distribution network.
GRTgaz has established lists of industrial customers that may be disassembled on the basis of their responses to a questionnaire and the degree of sensitivity of their activity to a gas cut.
2.2.2. TIGF area
If applicable, the removal, which shall take into account the particular power supply constraints of the network (including high delivery pressure, the technical limitations of the position...), will be carried out according to the following order:
1. Switchable share of industrial consumers.
2. Switchable share of their industrial consumers (application to GRD).
3. Firm share of industrial consumers up to their technical minimum (if available).
4. A firm share of their industrial consumers (until possible technical minimums), outside the sites concerned by the decree of March 19, 2004 on public service obligations in the gas sector ("PS").
5. Technical minimums of industrial consumers.
6. All sites entering the scope of the decree concerned by the decree "OSP".
Done on 28 November 2013.
For the Minister and by delegation:
The Energy Director,
P.-M. Abadie
