S N T G N Transgaz S A : Joint Binding Phase Notice of BULGARTRANSGAZ and TRANSGAZ for the offer of Incremental Capacity at IP Negru Voda 1/Kardam – 01.05.2024

Joint Binding Phase Notice

of BULGARTRANSGAZ and TRANSGAZ

for the offer of Incremental Capacity

at IP Negru Voda 1/Kardam

01 May 2024

This document is jointly published at the websites BULGARTRANSGAZ and TRANSGAZ in accordance with Article 28 (3) of Regulation (EU) No 2017/459 of 16 March 2017 (CAM NC) concerning the Incremental Capacity Process 2023.

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This notice is jointly elaborated and published by:

BULGARTRANSGAZ EAD	SNTGN TRANSGAZ S.A.
Blvd. Pancho Vladigerov 66	Piata C. I. Motas, Nr. 1
Lyulin 2, CP 3, 1336 Sofia	551130, Medias Jud. Sibiu
Bulgaria	Romania
Phone: + 359/2/939 63 00	Phone: + 4/0269/80 33 33
Fax: + 359/2/925 00 63	Fax: + 4/0269/83 90 29
Email: [e-mail]	Email: [e-mail]

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Table of content
Disclaimer	4
Introduction	5
Terms and Conditions for the incremental auction to be accepted by the network user	6
Milestones	9
Milestones Timeline	10
Duration of project realization	10
BULGARTRANSGAZ*	10
TRANSGAZ	11
Economic Test Parameters	11
BULGARTRANSGAZ	11
TRANSGAZ	11
Annexes	12
Contact information	13

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Disclaimer

Each TSO has acted in good faith to ensure that the information in this Joint Notice is correct as of the date of this Joint Notice, however, no representation or warranty is made by any TSO as to the accuracy or completeness of such information and the TSOs will not accept any liability, of any kind, to each other or to any third party, for any inaccuracies or incompleteness in such information.

Furthermore, whilst each of the TSOs will endeavor to co-ordinate the processes and steps anticipated under the Project Proposal for the Incremental Capacity Process 2023, no TSO will have any liability to any third party for any acts, omissions, breaches or decisions of the other TSOs or any other third party.

Each TSO will be responsible for its own infrastructure upgrades and the other TSO shall not have any liability to any party for the undertaking, or failing to undertake, such infrastructure upgrades.

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Introduction

This Joint Notice, prepared by BULGARTRANSGAZ and TRANSGAZ in accordance with Article 28 (3) of Regulation (EU) No 2017/459 of 16 March 2017 (CAM NC), marks the start of the Binding Phase for the Incremental Capacity Process 2023 at the Interconnection Point (IP) "Negru Voda 1/Kardam" (EIC Code: 21Z000000000159I).

This Incremental Capacity Project is primarily driven by the potential increase of the technical capacity at IP Negru Voda 1/Kardam in the direction Bulgaria → Romania and is conducted in close coordination by BULGARTRANSGAZ and TRANSGAZ.

The purpose of this Joint Notice is to provide information about the procedure for registration and participation in the Binding Phase of the Incremental Capacity Process 2023 and to inform on the Binding Phase process.

The Incremental Capacity Process 2023 is structured as follows: (i) a Non-Binding Phase (which started in July 2023 and lasting until the opening of the Binding Phase), and (ii) the Binding Phase initiated by the publication of this Joint Notice by the TSOs and publication of further details and supporting documentation on the websites of each of the TSОs1.

During the non-binding phase, interested parties submitted non-binding demand indications for incremental capacity to BULGARTRANSGAZ and TRANSGAZ. All non-binding demand indications received have been published in an aggregated manner jointly by BULGARTRANSGAZ and TRANSGAZ in their Demand Assessment Report (DAR).

__________________________

1 For BULGARTRANSGAZ -https://bulgartransgaz.bg/pages/2023-236.html

1 For TRANSGAZ -https://www.transgaz.ro/en/incremental-capacity-process-bg-ro

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This Binding Phase process is subject to the terms and conditions of the Project Proposal for the Incremental Capacity Process 2023 developed jointly by BULGARTRANSGAZ and TRANSGAZ and approved by the National Regulatory Authorities (NRAs) of Bulgaria (EWRC) and Romania (ANRE) with decisions ПДК-3/26.04.20204 of the Bulgarian regulator EWRC and Decision no. 798/22.04.2024 of the Romanian ANRE for the approval of the incremental capacity project proposal between the natural gas transmission systems of Romania and Bulgaria at the joint interconnection point Negru Voda 1/Kardam respectively (the Project Proposal).

During the binding capacity allocation phase, BULGARTRANSGAZ and TRANSGAZ will offer incremental capacity in the annual yearly auction on the Regional Booking Platform (RBP) as approved in the Project Proposal.

The Binding Phase of the Incremental Capacity Process 2023 is open to all interested parties,

irrespective of their participation in the Non-Binding Phase.

Terms and Conditions for the incremental auction to be accepted by the network user

The parties wishing to participate in the Binding Phase shall do so under and in accordance with the terms and conditions of the Project Proposal, as approved by the NRAs, the General Terms & Conditions of each TSO (see annexes), and the rules for auction conduction on RBP, and are also required to follow the procedural rules as laid out in respective documentation.

BULGARTRANSGAZ and TRANSGAZ have developed terms and conditions for the incremental capacity auction that need to be accepted by the network users before the auction starts.

BULGARTRANSGAZ

In order to be able to participate in the annual yearly auction capacity auction on RBP, every interested party must be registered as on RBP by signing a Membership agreement.

After successful registration on RBP, all parties interested in participating in the Binding Phase should be registered as Network Users of BULGARTRANSGAZ gas transmission.

The Participants who do not have registration as BULGARTRANSGAZ Users should fill out a registration form, duly signed by a person/persons authorized to sign legally binding documents for the company, and submit it to BULGARTRANSGAZ.

Along with the registration form, the following documents are to be submitted:

• a document attesting the current legal status of the Applicant - an extract from the commercial register. The document shall be issued no earlier than one month prior to the date of registration form submission and it should make clear the persons authorized to sign legally binding documents on behalf of the Applicant;
• original documents certifying that the Applicant is not in bankruptcy, liquidation proceedings and has not been declared bankrupt.

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In the event that the national legislation of the country in which the Applicant is established does not provide for issuance of such documents by state authorities, the Applicant shall submit a written declaration, signed by a duly authorized person, confirming that such a document cannot be issued under the relevant national legislation and that the Applicant is not in bankruptcy, liquidation proceedings and has not been declared bankrupt;

• an explicit notarized power of attorney if the registration form shall be signed by a person not entered in the Commercial Register as having the right to represent the company and to sign legally binding documents on behalf of the company;

All above-mentioned documents shall be submitted in original in the language in which they were issued and, if necessary, accompanied by a translation in Bulgarian or English. The documents shall be certified by an apostille in accordance with the 1961 Hague Convention and the translation must be notarized (made by a sworn translator).

BULGARTRANSGAZ must confirm the successful registration and give access to the Auction at RBP Platform.

TRANSGAZ

Network User registration process

There is no separate registration process associated with this incremental capacity booking procedure, only the standard Network User/Capacity Applicant registration process on the RBP (see RBP Operating Rules on the rbp.eu website). As capacities are offered in a bundled incremental capacity allocation process, Network Users are eligible to book annual capacity products in accordance with the applicable rules and regulations and in line with the provisions of ANRE Order No. 130/2020, as amended. In addition to the registration on the RBP, the prerequisite for participation in the auctions is to have the natural gas transmission framework contract for capacity booking at interconnection points concluded, as stipulated in Annex No. 1 to ANRE Order No. 130/2020, as amended, or, if no such contract was concluded, to have the affidavit, drawn up in accordance with the template provided for in Annex No. 2 to ANRE Order No. 130/2020, submitted and to establish the auction participation guarantee by the date and time indicated in the timeline presented below (i.e. 25.06.2024, 4:00 p.m.).

Capacity applicants participating in the auctions on the basis of the affidavit drawn up in accordance with the template indicated in Annex No. 2 to ANRE Order No. 130/2020 shall take all the steps provided for in the Network Code for the NTS (approved by ANRE Order No. 16/2013 as amended) in order to be able to use the allocated capacity in the incremental capacity process (obtaining access to the information platform operated by Transgaz, concluding the balancing and VTP access contract).

Capacity Allocation

Additional information for further clarification on the capacity allocation, in full consistency with CAM NC and Operational Rules of the Regional Booking Platform, will be published on BULGARTRANSGAZ and TRANSGAZ web sites.

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Offer Levels

In the tables below, is a comprehensive breakdown of the harmonized offer that the two TSOs will make available to the market within the annual auctions scheduled for July 1 2024. The Offer Levels take into account the provisions of Article 8 of the NC CAM on the capacity to be set aside for short-term products, i.e. 10% of the existing technical capacity in the first 5 gas years and 20% in the following years and 10% of the incremental capacity starting with 2026/2027.

Level offer 0 (available existing capacity)

							Available existing
	No. of						capacity offer at IP
			Gas year			Negru Vodă
	years
						1/Kardam
							(kWh/day/year)
1		2024/2025		140.993.764
2		2025/2026		140.993.764
3		2026/2027		141.993.764
4		2027/2028		141.993.764
5		2028/2029		141.993.764
6		2029/2030		126.216.679
7		2030/2031		126.216.679
8		2031/2032		126.216.679
9		2032/2033		126.216.679
10		2033/2034		126.216.679
11		2034/2035		126.216.679
12		2035/2036		126.216.679
13		2036/2037		126.216.679
14		2037/2038		126.216.679
15		2038/2039		126.216.679
16		2039/2040		126.216.679
17		2040/2041		126.216.679

Offer level 1 (available existing capacity + incremental capacity)

Available existing

Harmonised offer level in the

No.

capacity offer at

Incremental

BG→RO direction for existing

of

Gas year

IP Negru Voda

capacity offer

and incremental capacity

years

1/Kardam

(kWh/day/year)

(kWh/day/year)

(kWh/day/year)

1

2024/2025

140.993.764

140.993.764

2

2025/2026

140.993.764

140.993.764

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							Available existing						Harmonised offer level in the
	No.						capacity offer at			Incremental
										BG→RO direction for existing
	of			Gas year			IP Negru Voda			capacity offer
									and incremental capacity
	years						1/Kardam			(kWh/day/year)
										(kWh/day/year)
							(kWh/day/year)
3		2026/2027		141.993.764		123.480.000		265.473.764
4		2027/2028		141.993.764		123.480.000		265.473.764
5		2028/2029		141.993.764		123.480.000		265.473.764
6		2029/2030		126.216.679		123. 480.000		249. 696.679
7		2030/2031		126.216.679		123. 480.000		249. 696.679
8		2031/2032		126.216.679		123. 480.000		249. 696.679
9		2032/2033		126.216.679		123. 480.000		249. 696.679
10		2033/2034		126.216.679		123. 480.000		249. 696.679
11		2034/2035		126.216.679		123. 480.000		249. 696.679
12		2035/2036		126.216.679		123. 480.000		249. 696.679
13		2036/2037		126.216.679		123. 480.000		249. 696.679
14		2037/2038		126.216.679		123. 480.000		249. 696.679
15		2038/2039		126.216.679		123. 480.000		249. 696.679
16		2039/2040		126.216.679		123. 480.000		249. 696.679

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2040/2041

126.216.679

123. 480.000

249. 696.679

Milestones

The Binding Phase starts with the publication of the Project Proposal for the Incremental Capacity Process 2023 together with this Joint Notice of BULGARTRANSGAZ and TRANSGAZ.

BULGARTRANSGAZ and TRANSGAZ will offer the incremental capacity together with the respective available capacity in the annual yearly capacity auction as standard bundled products in ascending clock auctions according to the provisions of Article 8. paragraphs (8) and (9), Article 17 and Article 19 of Commission Regulation (EU) No 2017/459.

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The yearly capacity auction will be conducted on 1 July 2024, according to the Auction calendar 2024.

Following the closure of the auction, BULGARTRANSGAZ and TRANSGAZ will proceed with the publication of the final results of the Economic Test (ET), and if ET is positive (only applicable to BULGARTRANSGAZ), entering into Gas Transportation Agreements (GTAs) with the successful parties.

Milestones Timeline

			Milestone			Deadline* (dd/mm/yyyy)
Announcement of the Binding incremental capacity procedure		1.05.2024
Network User registration for BULGARTRANSGAZ on RBP Platform	24.06.2024
Network User registration for TRANSGAZ on RBP platform		24.06.2024
Submission	of the	auction	participation security	to		By 24.06.2024
BULGARTRANSGAZ
Provision of the auction security to TRANSGAZ			25.06.2024 (16.00 EET)
Bid submission starting date: Submission of Bids in RBP according		01.07.2024 (10:00 EET)
to the Auction calendar 2024
							within 2 working days from
Publication of the final results of the economic test			the
							closure of the auction
In case of	a positive	economic	test BULGARTRANSGAZ	and		within 1 working day from
	the
TRANSGAZ accept successful bids and send confirmation of the
	publication of the results of
allocation result(s) to the successful Network User(s)
		the Economic Test
The Gas Transportation Agreement(s) to be concluded within the		Within 10 working days from
Incremental	Capacity Procedure shall be concluded in written		the closure of the auction
form.
In case of	a negative	economic	test BULGARTRANSGAZ	and		Within 1 working day from
	the
TRANSGAZ to inform Network Users about terminated Incremental
	publication of the results of
Capacity Procedure
				the Economic Test
Return of the auction security that did not result in an incremental		within 10 working days from
	the
capacity contract.
				closure of the auction
Duration of project realization
BULGARTRANSGAZ*
Timeline		Stage
01/07/2024		Annual capacity auction in July 2024 followed by an economic test
Q III 2024		Final Investment decision
Q III 2026		Commissioning of the project
Q IV 2026		Expected start of commercial operation
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