Advanced Search

Deliberation On March 5, 2014, On The Opinion On The Draft Decree Amending The Annex To Decree No. 2008-778 August 13, 2008 Relating To The Supply Of Natural Gas At Special Rate Of Solidarity

Original Language Title: Délibération du 5 mars 2014 portant avis sur le projet d'arrêté modifiant l'annexe au décret n° 2008-778 du 13 août 2008 relatif à la fourniture du gaz naturel au tarif spécial de solidarité

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Text information




JORF #0073 of March 27, 2014
text # 109




Deliberation of 5 March 2014 concerning the project d ' Order amending l ' annex to Decree No. 2008-778 of 13 August 2008 concerning the supply of natural gas to the special solidarity tariff

NOR: CRER1401302V ELI: Not available



Attended the session: Philippe de LADOUCETTE, Chairman, Olivier CHALLAN BELVAL, Jean-Pierre SOTURA and Michel THIOLLIÈRE, Commissioners.
The Energy Regulatory Commission (ERC) was seized on 12 February 2014 by the Minister for Economic Affairs and Finance And the Minister of Ecology, Sustainable Development and Energy of a draft order amending theannex to Decree No. 2008-778 of 13 August 2008 concerning the provision of the Natural gas at the special rate of solidarity (TSS), in accordance with Provisions of Article 2 of that decree.
This Annex defines the amount of the flat-rate reduction on the price of contractually established supply between the domestic customer eligible for the TSS and its natural gas supplier. For rights holders residing in a residential complex that is collectively heated with natural gas, the Annex also defines the amount of the lump sum payment to which they are entitled by suppliers.
The decree n ° 2013-1031 of 15 November 2013 extending to new beneficiaries of the social tariffs of electricity and natural gas opened, in addition, the benefit of the TSS Social housing managers. For the manager of a social residence whose residents do not have an individual contract for the supply of natural gas, the Annex defines the amount of the flat-rate reduction on the price of supply contractually established between the Manager and supplier of natural gas.


1. Purpose of the Draft Order


Lump sum deduction for individuals is defined in terms of the number of units of consumption (1) in the household and the range of consumption (2). The draft decree differentiates between the amounts of the flat-rate deductions (or payments), the increases being between 2.7 % and 38.9 %. The amount of the lump sum deduction for social residence managers is increased by 38.9 %.
The losses of revenue induced by the TSS and borne by natural gas suppliers are compensated by the Contribution to the special solidarity tariff (CTSS). In this context, the ERC is responsible for assessing the corresponding charges. Homes entitled to the TSS are those eligible for special pricing " First necessity product " (TPN) and consuming natural gas. The recent changes (3) of the eligibility criteria and the procedure for identifying beneficiaries of social tariffs (TPN and TSS) aim to reach 4 million households benefiting from these tariffs. However, the number of beneficiaries of a natural gas supply contract is much lower than that of the holders of a contract for the supply of electricity, as a result of the pooling of certain rights holders in the same dwelling and Non-consumption of natural gas by some households. Also, this number is very difficult to estimate accurately.
The estimated number of TSS beneficiaries at the end of 2014 is estimated at approximately 1,138,000. These beneficiaries include those housed in the 500 social residences for which EDF and GDF SUEZ foresee the application of the TSS in 2014.
The Government has decided to upgrade the amounts of deductions and payments Of the TSS, with a date of effect on April 1, 2014, to offset in full the introduction of the energy climate contribution expected at section 32 of Law n ° 2013-1278 of December 29, 2013 Finance for 2014. This contribution consists of an increase in the rates of internal taxation on consumption in a progressive and proportionate manner to the CO2 content of the various energy products. Articleof Law No. 2013-1278 repeals the 5.c. Of the Href=" /viewCodeArticle.do?cidTexte=LEGITEXT000006071570&idArticle=LEGIARTI000006615168&dateTexte= &categorieLink = cid"> section 266 quinquies of the Customs Code and subject households to the domestic tax on gas consumption Natural (TICGN). To take into account the carbon value of natural gas, the TICGN will rise to 1 April 2014 from 1.19 €/MWh to 1.41 €/MWh (with a price reference of 7 €/t for CO2).


2.
2.1 comments. Annual lump sum deduction (or entitlement)
applied to TSS recipients


The following table shows the evolution of the annual lump sum deduction (or entitlement) based on the consumption range and the number of units of Consumption (CPU) of the household.


Lump sum payment amounts envisaged in euro TTC per year
(increase in euros compared to amounts in effect since December 2011)




0-1 000 KWh/an
1000-6000 kWh/an
> 6000 kWh/yr

1 CPU

23 (+ 1; + 4.5 %)

72 (+ 5; + 7.5 %)

123 (+ 29; + 30.9 %)

1 < CPU < 2

30 (+ 1; + 3.4 %)

95 (+ 5; + 5.6 %)

153 (+ 29; + 23.4 %)

2 CPU or +

38 (+ 1; + 2.7 %)

117 (+ 5; + 4.5 %)

185 (+ 29; + 18.6 %)


Lump sum payments envisaged in euro TTC per year
(increase in euros relative to amounts in effect since December 2011)


1 CPU

100 (+ 28; + 38.9 %)

1 < CPU < 2

123 (+ 28; + 29.5 %)

2 CPU or +

147 (+ 28; + 23.5 %)



The amount of the annual lump sum deduction for Social residence managers increased by 28 € TTC/year (+ 38.9 %) compared to the amount in force since November 2013.


2.2. Impact on the Contribution Paid
by Natural Gas Consumers


The increase in the amount of deductions (remittances) will result in an increase in TSS charges. These charges are funded by a contribution that applies to all natural gas suppliers in proportion to the number of kilowatt hours they charge their final consumers. The providers then pass on to their customers the contribution paid in the price of the supply.
On the basis of a hypothesis of 1,138,000 beneficiaries of the TSS (914,000 individual customer households and 208 000 households heated in a way Collective, 15,650 social housing units), charges due to the TSS increase by approximately € 20 million, corresponding to an average increase in CTSS of 0.04 €/MWh.
The increase in the contribution paid by a typical customer heating up to the Gas (tariff B1-17 MWh) to finance solidarity with clients benefiting from TSS is Estimated at € 0.8 VAT included per year.


2.3. Case of the PEG suppliers


Pursuant toArticle 6 of Decree No. 2008-779 of 13 August 2008 relating to The compensation for public service charges relating to the supply of natural gas at the special rate of solidarity, the CRE determines each year for the following year the number of kilowatt hours submitted for contribution, namely kilowatt hours Billed to all final consumers, including producers Of electricity from gas, in accordance with the CRE's deliberation of 22 May 2012.
The provisions of Decree No. 2004-250 of 19 March 2004 on the authorisation of The supply of gas, as amended by Decree n ° 2011-1457 of 7 November 2011 concerning the authorisation to carry on the activity of purchasing electricity for resale and for the authorisation of Provision of gas, provide for the possibility for Industrial customers to supply gas exchange points (PEG) on an occasional basis. This activity which sees itself as ancillary does not withdraw the quality of the final gas consumer within the meaning of Directive No 2009 /73/EC of the European Parliament and of the Council of 13 July 2009 on common rules for the internal market of the Natural gas and repealing Directive 2003 /55/EC.
According to Decree No. 2008-779 of 13 August 2008 on compensation for public service charges relating to Supply of natural gas at the special rate of solidarity, CTSS is paid By the final consumer and paid by the natural gas suppliers in proportion to the quantities of gas they charge to the final consumers of gas.
As a result, the industrial customer who source the PEG for its own consumption remains A final consumer of natural gas and, as such, shall pay the SCTC in accordance with the provisions of 6 of Decree No. 2008-779.
The President of the ERC has, by letter of 8 March 2013, Questioned the Ministry of Economy and Finance on its analysis of the subjection of these clients to the SSSC as final consumers. If the analysis of the ERC were to be confirmed, the arrangements for the recovery of the contributions owed by these clients should be specified.
The CRE again draws the attention of the Ministry of Economy and Finance to the question of Subjection to the contribution to the special consumer solidarity tariff that supplies to the PEG.
Pending the definition of a CTSS-specific collection mechanism for customers purchasing the PEG, the CRE maintains The kWh purchased in the contribution base.


3. CRE Notice


The CRE gives a favourable opinion to the draft order submitted to it.
Done at Paris, March 5, 2014.


For the Energy Regulatory Commission:

The President,

P. Ladoucette

(1) A weighting system that assigns a coefficient to each household member and allows to compare the living standards of households of different sizes or compositions. With this weighting, the number of people is reduced to a number of consumption units (CPUs): 1 CPU for the first adult in the household, 0.5 CPUs for other persons 14 years of age or over and 0.3 CPUs for children under 14 years of age. (2) Three consumption ranges provided for in the Annex: from 0 to 1 000 kWh/year, from 1 000 to 6 000 kWh/year and over 6 000 kWh/year. (3) Law n ° 2013-312 of 15 April 2013 to prepare the transition to a sober energy system with various provisions on water pricing and on wind turbines extends the eligibility criteria for the beneficiaries of the tariffs Social by introducing a benchmark tax income per share. The file of the right holders is now based on information from disease organizations and the tax administration. The decree n ° 2013-1031 of 15 November 2013 under the law of 15 April 2013 opened the benefit of social rates to managers of social residences.
Downloading the document in RTF (weight < 1MB) Excerpt from the authenticated Official Electronic Journal (format: pdf, weight: 0.21 MB)