National Legal Framework
General
The natural gas market of Greece is governed by Law 4001/2011 “For the operation of the energy markets of Electricity and Natural Gas, for research, production and transmission networks of hydrocarbons and other arrangements” (Official Gazette A’176/22.08.2011), which replaced the Law 3428/2005 “Liberization of the Natural Gas Market” (Official Gazette A '313/17.12.2005) (codified version). By Law 4001/2011 (hereafter the "Law"), the Directive 2009/73/EC of the European Parliament and of the Council of the 13th July 2009 “On the common rules for the internal market in natural gas and repealing of Directive 2003/55/EC” (EE L 211 of 14.08.2009) has been incorporated into national law.
The activities of production, supply, transportation and distribution of natural gas and of storage and liquidation of natural gas and of regasification of liquefied natural gas within the Greek territory are exercised in accordance to the provisions of the Law.
Under
Law’s 3428/2005 Authorization and with the Presidential Decrees n.33
and 34/2007
(Official Gazette A’ 31/20.02.2007), the Operator of the National
Natural Gas
System (NNGS or ESFA), under the name "National Natural Gas System
Operator S.A." (DESFA S.A.), was established and the procedures
of staff-moving from DEPA S.A. to the Operator were determined.
Access to the National Natural Gas System (NNGS or ESFA)
The operation, maintenance, exploitation and development of the NNGS is realized by the Operator under the provisions of the “National Natural Gas Operation Code” (Official Gazette B’379/01.04.2010), as amended by RAE’s Decision No. 1096/2011 (Official Gazette B'2227 / 11.04.2011). (Codified version)
In order to access the NNGS, a Natural Gas Transmission Contract (for the booking of capacity to the National Natural Gas Transmission System) and a LNG Terminal Use Contract (for the booking of capacity in the LNG Terminal) is required. By RAE’s Decision No. 126/2012, RAE approved the Contracts for the Transmission of Natural Gas and Usage of the LNG Terminal which were submitted by DESFA (Official Gazette B’ 907/23.03.2012).
A Right to conduct a Natural Gas Transmission Contract or a LNG Terminal Use Contract with DESFA S.A. have companies that are registered in the National Natural Gas System Users’ Registry.
The National Natural Gas System Users’ Registry Regulation (Official Gazette B’ 451/16.04.2010) governs the guarantees of financial solvency and technical competence to be provided for the registration of interested parties to the NNGS Users’ Registry, the deregistration from the Registry, the access to it, and any relevant detail as well as any technical matter about the structure of the registry.
Finally, the rules, the minimum accuracy specifications of measuring devices, the procedures, the processes and any other detail about the measurement of natural gas and NNGS users’ access to measuring devices are specified in the ESFA Measurement Regulation, enacted by the Minister of Environment, Energy and Climate Change Decision no. D1/A/7754 (Government Gazette B 584/6.5.2010).
NNGS access Tariffs
Up to 31st January 2013, the NNGS access tariffs will be determined in accordance with the provisions of no. 4955/2006 Minister of Development Decision (“Definition of Natural Gas Transmission and LNG regasification tariffs” (FEK B 360/27.03.2010) as well as its amendments by Ministerial Decisions No. D/23344/2006 (FEK B’ 464/19.04.2006) and D1/5037/2007 (FEK B’ 379/20.03.2010) and D1/A/1110/9860/18.10.2010. (Codified version)
From
1st February 2013, the entry-exit tariff system
enters into force which was established by the Tariff Regulation of
core
activities of the National Natural Gas System (FEK B 2093/05.07.2012).
The entry-exit
tariffs are specified in RAE’s Decision No. 722/2012 (FEK B' 2385/27.08.2012).
Natural
Gas Licenses
The scope of the Licensing Regulation (ΦΕΚ Β’464/19.04.2010)
covers the type and content of applications for the granting, amendment
and revocation
of the following licenses required for the conduct of the relevant
activity in
natural gas market:
- Natural Gas Supply License;
- Independent Natural Gas System License;
- Independent Natural Gas System Operation License;
- Natural Gas Distribution License;
The Licensing Regulation also covers all the necessary documentation and data submitted along with the application.
Gas
Distribution Companies (DSOs or EPAs)
In Greece there are three
Gas Distribution Companies (DSOs), EPA Attikis SA, EPA Thessaloniki SA
and EPA
Thessaly SA. The EPAs were established in 2000-2001 under the
provisions of Law
2364/1995 (codified version), and are operating under a concession
agreement and
have exclusive right for the distribution and supply of natural gas to
non-eligible customers in the administrative boundaries of their
competence, in
accordance to the derogation granted to Greece under Article 49.8 of
Directive
2009/73/EC. The EPAs shall exercise their activities in accordance with
the
terms of their respective licenses (License EPA Attikis, Amendment,
License EPA
Thessaly, License EPA Thessaloniki). Monitoring compliance with the
terms of
the relevant EPA license is exercised by the RAE.
More information on each of these issues is provided in the respective chapter.