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He Real Decree 949 / 2001, of 3 of August, by which is regulates the access of third to them facilities gas and is sets a system economic integrated of the sector of gas natural, develops them lines Basic that should contain the rules of management technical of the system of gas natural, establishing in its article 13.1 that the Manager technical of the system in collaboration with the rest of the subjects involved, prepare a proposal of standards of management technology system, which will elevate to the Minister for approval or modification.
In compliance of it earlier, the Minister of industry, tourism and trade issued the order ITC / 3126 / 2005, of 5 of October, by which is approve the rules of management technical of the system gas. Such an order, in its first final provision empowers the Directorate-General for energy and mines to adopt the measures necessary for the implementation and enforcement of the order, in particular to approve and modify protocols detail the rules of technical management and other requirements, rules, documents and established operating procedures to allow the proper functioning of the system.
It cited order ITC / 3126 / 2005, of 5 of October, in the standard of management technical NGTS-12, paragraph 12.2, sets the creation of a group of work for it update, review and modification of them standards responsible of the presentation for its approval by it address General of political energy and mines, of proposed of update, review and modification of them standards and protocols of management of the system gas.
It cited order, in its disposal end second, authorizes to the address General of political energy and mines for modify them standards of management technical of the system of gas natural prior report of the Commission national of them markets and the competition.
Based on the above, has been received by the Group of work of the Committee's monitoring of the gas system for updating, Revision and modification of the rules and protocols of the gas system, a proposal for a new version of the standard of management technique of system NGTS-12 in order to proceed with a change in the composition of the Group and form of election of its members.
International provisions in article 5.2. to) law 3/2013, this resolution has been the subject of report of the National Commission of markets and competition and, for the elaboration of his report, has taken into account the allegations made in the hearing process.
According to the transitional provision of third order EIT/2446/2013, December 27, by which establish tolls and fees associated with third party facilities to access gas and remuneration of regulated activities, the renewal of members of the Working Group of the follow-up Committee of the gas system for updating, revision and modification of technical of the gas system management protocols and standards , is postponed until thirty days after the entry in force of the publication of the modification of the cited standard of management technical NGTS-12.
By virtue of, this General Directorate resolves: first.
Gas NGTS-12 «proposals update, revision and modification of rules or protocols for management of the system", published in the annex of the order ITC/3126/2005, 5 October, which approve the norms of technical management of the system replaced the standard of technical management of the system gas for the content contained in the annex to the present resolution.
In the year 2015 it renewal of them components of the Group of work of the Committee of follow-up of the system gas for the update, review and modification of them rules and protocols of management technical of the system gas must make is in the term of two months from the day following to the publication of the present resolution.
The Directorate-General of energy and mines will be approved every two years, and before January 1, the program of performance biennial, which will collect the priority areas of work of the group, the standards and protocols that should be checked, and general guidelines to be followed amendments to propose. To carry out the General Directorate will take into account proposals which appear before the month of October the group, the National Commission of markets and competition, and any trader, supplier or carrier at the individual level.
With character exceptional is expands the term to develop the first Plan until the 1 of October of 2015 and the term of presentation of proposals until the 1 of June of 2015.
The present resolution shall take effect the day following to the of your publication in the «Bulletin official of the State».
Madrid, 4 de mayo of 2015.-the Director General of political energy and mines, Maria Teresa Baquedano Martin.
ANNEX NGTS-12 12 proposals for updating, revision and modification of the rules or protocols for management of the system. Update, review and modification of the rules or protocols for management of the system 12.1 object. Define the procedure for preparation of proposals for updating, revision and modification of the rules of technical management of the system and its protocols in detail, which are required for optimal operation of the gas system, at the request of subjects acting in the same.
12.2 group of work of the Committee of follow-up of the system gas for the update, review and modification of the standards and protocols of management technical of the system gas. For the purposes of updating, revision and modification of rules and protocols of technical management of the gas system, the technical manager of the system will coordinate a group of specific work of the follow-up Committee of the gas system.
This working group shall be responsible to receive, study and develop proposals for updating, revision and modification of rules and protocols of technical management of the system gas for its referral to the Directorate-General for energy and mines for approval, at the initiative of the technical manager of the system or on a proposal from the rest of the subjects of the gas system , under cover of the provisions of article 13(1) of the Royal Decree 949/2001 of 3 August.
Also, to request both by most simple of them members of the group, as of the address of political energy and mines or of the Commission national of them markets and the competition, the Group may develop studies on issues related with them materials of your competition, and especially on the operation and management of them facilities of the system gas.
12.2.1. composition of the group. The composition of the Working Group will be the following: A Chairman appointed by the technical manager of the system, with the right to vote.
A Vice-President appointed by the technical manager of the system, without the right to vote and who will exercise the functions of the President in the absence of this.
A member appointed by each transport (TSO) Network Manager, with the right to vote.
A member elected by and among the rest of holders of transport facilities, with the right to vote. Such holders not may belong to the Group of companies of the managers of network of transportation.
A member elected by and among the holders of regasification plants, excluding transport network managers, with the right to vote.
Four members elected by and between registered distributors, with the right to vote.
Five members elected by and among marketers reported, with the right to vote.
A member elected by and between direct consumer market, with the right to vote.
A member elected by and among industrial consumers connected to networks of pressure exceeding 16 bar, with the right to vote.
A member appointed by the National Commission of markets and competition, without the right to vote.
A member appointed by the Ministry of industry, energy and tourism, without the right to vote.
A member appointed by the Corporation's strategic reserves, without the right to vote.
When is called, a member appointed by the technical manager of the electrical system, without the right to vote.
It Secretary, that not will have right to vote and that will be appointed among the personal of the Commission national of them markets and the competition.
With it compliance prior of the President and the Secretary, and to proposed of them themselves or of three or more members of the group is may invite to subject not members of the group to report on materials concrete, without right to vote in any case. These invitations must be individual for each meeting.
12.2.2 choice of those members. For vote or be voted in the election of them vocal to which is refers the paragraph previous must have is shown activity effective in it category corresponding during them twelve months previous to the of choice: for marketers, the activity effective is will show through them sales to consumers late or to others marketers.
In the case of direct consumer market will demonstrate effective activity by contracting with the ability to access the installation of transport or distribution to which they are connected, and excluded those who simultaneously carried out gas sales, which have signed a contract of regular supply with a marketer or have not made effective consumption of gas in the period.
In the case of distributors and carriers effective activity will be credited through the ownership of facilities gas that are operational.
In the case of industrial consumer, effective activity will demonstrate through connection to mains and gas consumption.
The places deserted in a category not may add is to any other.
For the election of members will follow the following rules: for the election of the representatives of marketers a square will be reserved for agents with a less than 5% market share. In no case may participate in this category more than one company that belongs to the same group business.
For the election of the representatives of the dealers a seat will be reserved for holders of distribution facilities with a recognized annual fixed remuneration less than 10% of the total. In no event may participate in this category more than one company belonging to the same group of companies.
For the election of the representative of the industrial consumers, the Secretary of the Group urge presented applicants to reach an agreement.
Each Member will be appointed by a period of two years and shall designate for the same period a representative substitute for them sometimes in that the holder not can attend.
The composition of the group will be changed every two years on April 1. For this the Secretary of the Group's work will send a communication to them agents concerned with at least one month of advance to the date of renewal, that rise a proposed of representation chosen fulfilling it willing in this paragraph.
In the process of selection of them vocal, each group business, in every category in which to participate, may issue a vote. All the votes of all the business groups will have the same weight.
The results of the process of election of members shall be communicated to the National Commission of markets and competition, detailing companies that have participated, has developed the process and the results.
12.2.3 operation of the working group. The Group's work is meet monthly to the object of facilitate the assistance, the calendar of meetings regular is set annually. The Secretary shall convene meetings with extraordinary by decision of the President or at the request of more than five members of the group, the National Commission of markets and competition or the Directorate-General for energy and mines.
Any meeting of the working group who attend more than seven members with voting rights, shall be deemed valid. Any decision is adopted by most simple and, in case of tie, is will settle by the vote of quality of the President.
To be able to carry out any replacement of a member of the group, this is obliged to inform the Secretary prior to the meeting. If not attend nor vocal holder nor the alternate, members may delegate their vote in another Member of the group, but always with an explicit indication of the meaning of their vote and notice to the Secretary.
Any subject of the system gas may present proposals of modification, review or update of the standards of management technical of the system and of its protocols of detail.
Them proposed must send is by written to the Secretary of the Group of work for its inclusion in the order of the day of the next meeting and may be presented directly or through them vocal elected. Indicate clearly the part of them standards or protocols to which is refer and its purpose, including, at least, title, summary, proponent, date, character urgent or not, the text full of the proposed and any information of support required.
The Secretary shall forward the agenda of each meeting seven calendar days prior to the date scheduled for the celebration of it, indicating the proposals to be debated or subject to vote at the meeting, along with proposals for amendment, revision or update of the standards or protocols to discuss as well as any additional information that it deems necessary.
The Working Group will decide on each proposal: to) If you must obtain urgent or not, to whose consideration we will analyze if any of the following circumstances occur: the security or the economic sustainability of the system may be affected.
The proposal is associated with an event of imminent occurrence.
b) if deemed urgent, shall constitute a subgroup of study for the immediate preparation of the proposal to amend either the preparation of the proposal was entrusted to the technical manager of the system. This proposed, should be sent to them members of this group of work for its debate and vote, and to the Commission national of them markets and the competition, and to the Ministry of industry, energy and tourism in a term maximum of two weeks from the Constitution of the subgroup of study or since is entrusted this task to the Manager technical of the system.
(c) if not is considered urgent, is will decide if can begin to develop is the proposal of modification or update of them standards and protocols, or if the proposed requires a greater study; in the latter case, the President will propose the creation of a subgroup of study.
If is considered that not is necessary a greater study, or a time made this, is will constitute a subgroup of drafting charge of develop the proposal of update or modification. The Chairman of the Working Group will propose the composition of the subgroup, comprising members of the gas system and which will be part the subject which has proposed the revision of the standard, whether or not a member of the working group.
Sub-groups study or drafting, as appropriate, shall draw up, in addition to the proposal of modification or update, a report on the proposal, which must be indicated, at least: the implications of changes to the management of the system.
The economic implications for the affected agents.
The legal and regulatory implications.
The costs associated with its implementation.
The impact on the risk of the guarantee of supply of the system.
The alternative options exist, and possible discrepancies in the bosom of the subgroup.
A plan for its implementation, if necessary.
The proposals adopted by the Working Group will be forwarded by the Chairman of the group within a maximum period of one month to the Directorate-General of energy policy of the Ministry of industry, energy and tourism and the National Commission of markets and competition, stating whether the proposal has the consensus of all members, and including the following support information : Report that includes the claims of all parties, including the possible individual votes in the group, impact of them on the operation of the system and its economic impact, the request for comments, as well as the comments received.
The conformity of the CNMC on if the proposal adheres to required by the Action Plan.
Once held the meeting of the Working Group, the Secretary shall draw up minutes of it and send it to members for compliance or comments.
The minutes of each meeting shall be definitely approved at the following meeting.
The agreed minutes, along with the documentation presented at the meetings, will be published by the technical manager of the system, so that they are accessible for individuals with activity in the Spanish gas sector.
12.2.4. operation of subgroups of study and writing. The sub-groups will be directed by a Director and a Secretary elected among the members of the Working Group, and may not belong both to the same group or the same category of those described in paragraph 12.2.1, unless it has the agreement of the rest of the members of the group voting. Once this choice has been made, the Chairman of the Working Group will hold an invitation to take part in the Sub-Group on the other participants within a period of fifteen calendar days.
May participate in the subgroup any member of the Group's work, as well as any other person that belong to any society that can be represented in the Group's work. With character exceptional and with functions of support technical, and prior authorization of the Group's work, is may invite to participate to people different to them earlier, whenever your experience related with the matter entrusted so it advise.
Not there initially limitation to the number of members, however, if to criterion unanimous of the Director and Secretary is considered that the number of registered would do to the Group little operating, these propose to the Group of work that is set a limitation to the number of members. The limitation, in any case, will ensure a representation equitable of them companies and the participation of the best experts in the matter.
The National Commission of markets and competition and the technical System Manager can always participate in all subgroups.
He subgroup shall draw up its report and proposal of modification or update, of conformity with it willing in the paragraph 12.2.3, in a term not superior to six months. Said report is include in the order of the day of the Group's work for its debate and decision with it proposed to is refer.
It proposed of standard or of Protocol of detail must be sent to third that could verse affected by its content to make comments that consider timely in a term of twenty days natural.
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