Key Benefits:
(State 1 Er March 2009)
Original text
The Head of the Federal Department of the Environment, Transport, Energy and Communication DETEC |
Bern, 26 February 2009 |
North Federal Palace |
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3003 Berne |
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A Mr Jean-Louis Borloo |
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Minister of State, Minister of Ecology, Energy, Sustainable Development and Spatial Planning (MEEDDAT) |
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French Government |
Minister of State,
I acknowledge receipt of your letter dated 27 January 2009, which reads as follows:
I have the honour to inform you of my Government's agreement on the above provisions and on the Appendix which is mentioned in this letter. In these circumstances, this Agreement shall enter into force on 1 Er March 2009.
I would ask you, Minister of State, to accept the assurance of my high regard.
1. Beneficiaries
As agreed in the above-mentioned exchange of letters, consumers of natural gas located in western Switzerland are recognized as priorities within the meaning of Art. 3 of Decree No. O 2006-1034 for access to French underground storage capacity and will be treated in the event of a shortage, following a principle of equality with French consumers of public distributions located in the east of France.
It is through operators who supply them that the above Swiss consumers benefit from access to storage capacity and security of supply in accordance with pre-existing commitments to the implementation of the The opening of the European energy markets.
2. Storage Capacities for Swiss Consumer Food
The storage capacity required for the supply of Swiss consumers is defined in terms of volume (TWh) and flow rate (GWh/d). They are the subject of a declaration by the Swiss operators concerned with the French Minister and the Swiss Federal Councillor for Energy before 1 Er December each year.
These storage capacities cover the commitments of Gaz de France with its Swiss counterparts GAZNAT S.A. (Gaznat) and Gasverbund Mittelland AG (GVM). They include, on the one hand, the storage capacity contracted by the company Gaznat to Gaz de France, 1.51 TWh and 37.44 GWh/d and the storage capacity necessary to honour the supply contracts between Gaznat and Gaz de France. France and GVM and Gaz de France, with a flexibility of supply of Gaz de France of 114 %, respectively 0.609 TWh and 4.03 GWh/d and 0.898 TWh and 5.94 GWh/d, respectively.
The storage capacities likely to be covered by this Annex shall therefore not be greater than 3.017 TWh in volume and 47.41 GWh/d in circulation rate available on 1 Er February after 55 % of the useful volume was fired.
3. Storage Capacity Subscription Method
The storage capacity that is defined can be purchased from the storage manager concerned alternately:
The Swiss operators shall inform the French Minister and the Swiss Federal Councillor responsible for the energy of the modality they hold and of the agent (s) concerned, as well as of the volumes and debits that they wish to subscribe to.
In order to have access to these capacities, operators supplying Swiss consumers or their agents shall apply to the storage manager concerned in accordance with the provisions of Art. 6 of Decree No. O 2006-1034 above. A copy of the request is also addressed to the French Minister and the Swiss Federal Councillor for Energy.
The demand for storage capacity in the coming year must be sent to the aforementioned manager for 1 Er December in accordance with its Rules of Allocation.
4. Monitoring and Annual Report
In case of development, the Swiss Federal Councillor for Energy shall inform his French counterpart before 1 Er February of each year the storage capacity necessary for the security of supply of the Swiss consumers benefiting within the limit of the amount indicated in point 2. Of this Annex.
The operators supplying the relevant Swiss consumers or their representatives shall be liable for a report on the use made of the storage capacity they have subscribed, transmitted before 1 Er December of each year to the French Minister for Energy.
5. Shortage Management
The storage capacity available today in France allows to satisfy all the needs listed in art. 3 of Decree No. O 2006-1034 above for the next three years.
The storage needs of final consumers located on French territory are estimated annually by the Minister for Energy. Storage capabilities are distributed among providers through their access rights to storage capabilities. These capacities are geographically allocated to the various underground storage sites of French operators through their allocation regulations.
Several cases must be distinguished.
In these situations, Swiss consumers will be treated as French consumers. The Swiss authorities and the Swiss operators concerned shall be informed by the Minister responsible for energy of the application of these measures as soon as possible.
6. Forecasting investment in storage and cooperation between France and Switzerland
The development of storage capacity by operators is the subject of a multi-annual indicative plan for investment in the gas sector in France.
On the occasion of the preparation of future plans, the Swiss Authorities will be invited by the French authorities to take part in this work, in particular to express the demand for underground gas storage capacity for Swiss needs. The Swiss authorities will be able to involve the Swiss operators concerned.