On the secondary capacity market it is according with the Rules on the procedure for the allocation of capacity on the transmission system for the entry and exit points in the Republic of Slovenia, the congestion management procedure and capacity trading on the secondary market (Official Gazette of RS, No. 80/14, 81/14 and 62/16), possible to conclude a subleasing agreements for the transmission capacities of natural gas booked on primary market, but the Network Users do not use or do not need these transmission capacities and therefore offer them for under lease or fully re-sale on the secondary market.
The Transmission System Operator (TSO) enables supply and demand to meet via billboard published on the website. The billboard is regularly maintained and updated with the received data for offered and demanded transmission capacities. Form for publication of supply and / or demand is accessible on the TSOs website. Received supply and demand forms are published on the billboard promptly after receipt.
The offer or demand must contain at least the following information:
- the name and address of the provider or demander;
- the id number of the provider or demander;
- a period defined by the start date and the end of the intended sublease;
- scope of leased transmission capacity;
- to conclude an agreement on the re-sale of transmission capacity, a period and the scope of capacity in the offer must be defined in the whole extent and for the full period, as set out by the transmission agreement;
- the relevant point;
- the period of validity of tender or the period of validity of the demand.
With regular website publishment on offered transmission capacities at the relevant points and information on demand, Transmission system operator enables to meet supply and demand.
Transmission system operator shall publish on the website the binding pattern of sublease agreement and the agreement on the resale of capacity. Both parties may supplement the pattern, which must not be inconsistent with the content of the binding pattern.
Before the conclusion, system user who enters a legal transaction on the secondary market must notify the transmission system operator in writing, defining the relevant point, estimated amount of the reserved capacity and scheduled date of the start and end of the transfer. If the transaction is concluded in contravention with the rules governing the function of the secondary market, Transmission system operator may, after receipt of the notice, reject the transaction on the secondary market, for the intended relevant point and for a predicted start and end of the transaction duration, in writing, within 3 working days.
Sublease agreement
The Network User and the Sublessee bilaterally (independent from the TSO) agree on the amount of capacity, value of leased transmission entry / exit capacity, the period of its use and its price. The Network User (who booked capacities on the primary market from the TSO) remains the contractual counterparty of the TSO in the contractual commitment for the entire booked capacity.
Agreement on the transfer of the Transmission Agreement
In case of resale of the booked entry and/or exit capacity the Network User entirely transfers the contracted entry and/or exit capacity so that the transferee becomes the holder of all of its rights and obligations under the Transmission Agreement for the entry and/or exit capacity.
The process of subleasing transmission capacities on the secondary market
- Publication of the demand / supply form on the TSOs website (optional).
- The Network User and the Sublessee conclude an Agreement. TSO is not part of this Agreement. Binding sample of the Agreement (published on the TSOs website could be amended with additional articles, which should not be contradictory to the existing ones in the sample.
- The Network User which concluded a Sublease agreement has to report this to the TSO at latest in 15 days after concluding, but no later than 3 days before the beginning of use by sending a copy of the concluded Sublease agreement (the price can be deleted).
The process of resale of the transmission capacities on the secondary market
- At the resale of all the transmission capacity the Network User has to inform the TSO in written form.
- The Network User is allowed to conclude the Agreement on the transfer of the Transmission Agreement when the TSO confirms the conclusion in 8 days.
- The Network User which concluded an Agreement on the transfer of the Transmission Agreement has to report this to the TSO at latest in 15 days after concluding, but no later than 3 days before the beginning of use by sending a copy of the concluded Sublease agreement (the price can be deleted)
Number of concluded transactions on the secondary market in 2015, according to the TSO data: 47
Documents
- Form for publication of capacity offer on secondary capacity market (pdf or doc)
- Form for publication of demand on secondary capacity market (pdf or doc)
- Sublease agreement for border point (pdf or doc)
- Sample Agreement on the transfer of the Transmission Agreement (pdf or doc)