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Establishing a network code on harmonised transmission tariff structures for gas (Text with EEA relevance)
Article 27

Article 27 — Periodic national regulatory authority decision-making

  1. Upon launching the final consultation pursuant to Article 26 prior to the decision referred to in Article 27(4), the national regulatory authority or the transmission system operator(s), as decided by the national regulatory authority, shall forward the consultation documents to the Agency.
  2. The Agency shall analyse the following aspects of the consultation document:
    1. whether all the information referred to in Article 26(1) has been published;
    2. whether the elements consulted on in accordance with Article 26 comply with the following requirements:
      1. whether the proposed reference price methodology complies with the requirements set out in Article 7;
      2. whether the criteria for setting commodity-based transmission tariffs as set out in Article 4(3) are met;
      3. whether the criteria for setting non-transmission tariffs as set out in Article 4(4) are met.
  3. Within two months following the end of the consultation referred to in paragraph 1, the Agency shall publish and send to the national regulatory authority or transmission system operator, depending on which entity published the consultation document, and the Commission the conclusion of its analysis in accordance with paragraph 2 in English.

    The Agency shall preserve the confidentiality of any commercially sensitive information.

  4. Within five months following the end of the final consultation, the national regulatory authority, acting in accordance with Article 41(6)(a) of Directive 2009/73/EC, shall take and publish a motivated decision on all items set out in Article 26(1). Upon publication, the national regulatory authority shall send to the Agency and the Commission its decision.
  5. The procedure consisting of the final consultation on the reference price methodology in accordance with Article 26, the decision by the national regulatory authority in accordance with paragraph 4, the calculation of tariffs on the basis of this decision, and the publication of the tariffs in accordance with Chapter VIII may be initiated as from the entry into force of this Regulation and shall be concluded no later than 31 May 2019. The requirements set out in Chapters II, III and IV shall be taken into account in this procedure. The tariffs applicable for the prevailing tariff period at 31 May 2019 will be applicable until the end thereof. This procedure shall be repeated at least every five years starting from 31 May 2019.