TRANS ADRIATIC PIPELINE AG Non-Binding Phase Notice for ...

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1 TRANS ADRIATIC PIPELINE AG Non-Binding Phase Notice for the TAP AG 2021 Market Test In accordance with the Guidelines for the 2021 Market Test of Trans Adriatic Pipeline

Transcript of TRANS ADRIATIC PIPELINE AG Non-Binding Phase Notice for ...

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TRANS ADRIATIC PIPELINE AG

Non-Binding Phase Notice for the TAP AG 2021 Market Test

In accordance with the Guidelines for the 2021 Market Test of Trans Adriatic Pipeline

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TABLE OF CONTENTS

1. INTRODUCTION .................................................................................................................. 3

2. MARKET TEST PHASES AND INDICATIVE TIMELINE ....................................................... 3

3. PARTICIPATION FEE .......................................................................................................... 4

4. HOW TO PARTICIPATE IN THE NON-BINDING PHASE .................................................... 5

5. EXCLUSION FROM THE NON-BINDING PHASE ................................................................ 6

6. DISCLAIMER ....................................................................................................................... 7

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1. INTRODUCTION

Trans Adriatic Pipeline AG (TAP AG) owns and operates the Trans Adriatic Pipeline (TAP).

TAP is a pipeline that transports gas via Greece and Albania and across the Adriatic Sea to Italy’s southern

Puglia region, which then allows further transportation to Western Europe. TAP enhances security of supply

as well as diversification of gas supplies for the European markets. TAP opened a new route – the Southern

Gas Corridor, from Azerbaijan to Europe and provides a market outlet for natural gas from non-traditional

sources including, but not exclusively, from the Shah Deniz gas field (SD). Only non-sanctioned gas is

eligible for transportation.

TAP AG’s business model foresees two phases of capacity development. The first phase entails the

construction of capacity of up to 10 bcm/y (Initial Capacity) to facilitate the transportation of gas produced

from SD. This has already been completed and TAP started commercial operations on 15 November 2020.

The technical attributes of the pipeline design provide for the possibility of increasing capacity by up to an

additional 10 bcm/y (Expansion Capacity), if economically feasible to do so. The Expansion Capacity can

be implemented in one or more phases depending on market demand. It is intended that TAP AG will also

accommodate requests for additional entry and/or exit points along the TAP route if such requests are

technically possible and do not impose additional costs on TAP AG.

TAP AG obtained an exemption from the core provisions of Directive 2009/73/EC (GD) through the

European Commission’s decision of 16.05.2013 on the exemption of the Trans Adriatic Pipeline from the

requirements on third party access, tariff regulation and ownership unbundling laid down in Articles 9, 32,

41(6), 41(8) and 41(10) of Directive 2009/73/EC and the Final Joint Opinion of the Energy Regulators1 on

TAP AG’s exemption application of 6.06.2013 (FJO) subject to certain conditions. More specifically, TAP

AG is exempted from ownership unbundling (but subject to the ITO unbundling model), from regulated

tariffs for both its forward Initial Capacity and Expansion Capacity and from third party access provisions

(TPA) for its forward Initial Capacity for a period of 25 years.

Pursuant to the FJO, TAP AG is required to perform a Market Test at least every two years, starting no later

than its commercial operations date.2 The manner in which TAP AG will conduct its 2021 Market Test is set

out in the Guidelines for the 2021 Market Test of Trans Adriatic Pipeline (Guidelines), which reflect TAP’s

specific regulatory regime. The Guidelines seek to align the application to TAP of the FJO provisions and

TAP’s Tariff Code with EU Regulation 2017/459 establishing a network code on Capacity Allocation

Mechanisms in gas transmission systems (CAM NC) to the extent those do not conflict with the FJO and

TAP’s specific regulatory regime.

2. MARKET TEST PHASES AND INDICATIVE TIMELINE

This Non-Binding Phase Notice invites Interested Parties to submit non-binding Capacity Requests and/or

non-binding Connection Requests to TAP AG. Building on the Guidelines, it is intended to inform Interested

Parties on the steps to be followed for valid registration and participation in the Non-Binding Phase.

Submission of non-binding Capacity Requests or non-binding Connection Requests does not bind Interested

Parties to make any binding Capacity Requests or binding Connection Requests during the Binding Phase of

the 2021 Market Test.

1 The Italian ARERA, Greek RAE and Albanian ERE (Authorities). 2 FJO, section 4.1.7.

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Importantly, participation in the Non-Binding Phase is not a prerequisite for Interested Parties to participate

in the Binding Phase of TAP AG’s 2021 Market Test.

TAP AG’s 2021 Market Test is structured in two main phases:

1. Non-Binding Phase, which includes the Demand Assessment Phase and Coordinated Design Phase;

2. Binding Phase, which includes the Information Phase and the Binding Bidding Phase.3

The Market Test will be performed according to the following indicative timetable:

TAP AG launches Non-Binding Phase. 12 July 2021

TAP AG to have received the Registration and Non-Binding

Demand Indication Form with any further information required

by that form and proof of payment of participation fee, as well

as Confidentiality Agreement, in the form annexed to the

Guidelines, from the Interested Parties.

6 September 2021 – 23:59 CET

TAP AG to have received the Declaration of No Objection from

the Authorities in the form annexed to the Guidelines, from the

Interested Parties.

11 October 2021 – 23:59 CET

TAP AG and Adjacent TSOs publish demand assessment

reports (DAR) within 16 weeks after the start of the Annual

Yearly Capacity Auction

25 October 2021

TAP AG and Adjacent TSOs publish draft Expansion Project(s)

for public consultation.

18 January 2022

Following public consultation, TAP AG coordinates with

Adjacent TSOs to submit draft Expansion Project(s) for the

approval of the Authorities.

TBD

Authorities evaluate the draft Expansion Project(s) and publish

coordinated decisions.

TBD

3. PARTICIPATION FEE

As a condition to participate in TAP AG’s Market Test, a Participation Fee of 10 000 EURO (ex VAT) must

be transferred to the following account, stating the reference ‘Participation Fee for TAP’s 2021 Market Test

– [insert Company Name]’.

Bank Account Holder: Trans Adriatic Pipeline AG

Bank Name: MUFG Bank, Ltd.

Branch Name: London Branch

3 Please note that definitions used in this document are defined in the Guidelines (Section 2).

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Bank Address: MUFG Bank, Ltd.

Ropemaker Place

25 Ropemaker Street

London, EC2Y 9AN

UK

IBAN: GB12BOTK60010900119834

SWIFT: BOTKGB2L

Account Number: 119834

Currency: EUR

Sort Code: 60-01-09

The Participation Fee shall be paid by 6 September 2021.

The Participation Fee shall be reimbursed to each Interested Party if the Market Test results in the installation

of at least one additional compressor unit in TAP, following a successful Economic Viability Test and

execution of at least one Gas Transportation Agreement for Forward Firm Long-Term Capacity with any

user, whether or not the GTA is entered into with the Interested Party who made the request. Failure to pay

the Participation Fee by the Interested Party may result in TAP disregarding any non-binding Capacity

Requests or non-binding Connection Requests made by that Interested Party.

4. HOW TO PARTICIPATE IN THE NON-BINDING PHASE

All Interested Parties are requested to fill out the Registration and Non-Binding Demand Indication Form

(Appendix A to the Guidelines) and return it to TAP AG, by sending an email to [email protected],

no later than 6 September 2021, along with any other information mentioned therein and the following

mandatory documentation:

a) Two signed copies of the Confidentiality Agreement (Appendix B to the Guidelines);

b) Proof of Participation Fee payment;

c) Proof of power to sign on behalf of the Interested Party, including any relevant documentation of

such proof or any relevant documentation, such as the Interested Party’s most recent Articles of

Association or a certified copy from the relevant company register (where applicable) and power

of attorney signed by legal representative.

The Declaration of No Objection from the Authorities (Appendix D to the Guidelines) will need to be

submitted to TAP AG by the Interested Parties at the latest 2 (two) weeks prior to the end of the Demand

Assessment Phase, by 11 October 2021.4

In the Declaration of No Objection from the Authorities, each Interested Party will sign and indicate whether

(i) the relevant Authority has taken a decision that the Interested Party’s non-binding Capacity Request is

compatible with the Capacity Caps set out in the FJO or (ii) has given a tacit approval by not raising any

concerns related to the compliance of the Interested Party with the Capacity Caps set out in the FJO following

submission of relevant information by the Interested Party.

TAP AG will, within 5 business days of the receipt of the Registration and Non-Binding Demand Indication

Form, in writing via email, either:

4 Please note that a separate capacity cap form may also be required to be submitted to the Authorities by the Interested

Parties in the Binding Phase of TAP’s 2019 Market Test process.

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• confirm the completeness of the documentation received and the registration of the Interested Party

in the Non-Binding Phase, or

• if the documentation is incorrect or incomplete, will notify the Interested Party of the incorrect or

incomplete mandatory documentation. It is in TAP AG’s sole discretion to accept the (re)submission

of relevant documentation mentioned herein, other than the Registration and Non-Binding Demand

Indication Form, later than 06 September 2021. TAP AG reserves the right to exclude an Interested

Party from any further participation in the Market Test if it does not submit duly completed

documentation by the time required or a later deadline agreed by TAP AG at its sole discretion. In

this situation, TAP AG will inform the Interested Party that it has not been admitted as an Interested

Party in the Non-Binding Phase.

All submitted documentation must be in English and duly signed by an authorized person of the Interested

Party. TAP AG will evaluate all valid responses to this Non-Binding Phase Notice and will coordinate with

the Adjacent TSOs to publish a Demand Assessment Report(s) within 16 weeks of the start of the Annual

Yearly Capacity Auction.

This Non-Binding Phase Notice for the Non-Binding Phase of TAP AG’s 2021 Market Test and any non-

contractual obligations arising out of or in connection with it are governed by English law. The English courts

shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this Non-Binding

Phase Notice.

Any clarification questions in relation to this document and TAP AG’s 2021 Market Test should be addressed

via email to:

Marija Savova

Head of Commercial

Trans Adriatic Pipeline AG

Lindenstrasse 2

6340 Baar, Switzerland

www.trans-adriatic-pipeline.com

[email protected]

5. EXCLUSION FROM THE NON-BINDING PHASE

TAP AG reserves its right to exclude an Interested Party from registration and/or participation in the Non-

Binding Phase if:

a) Documentation as mentioned in Section 4 above is missing or incomplete and relevant deadlines set

herein, in the Guidelines (including appendices), in the applicable legislation or established between

TAP AG and the Interested Party in accordance with the Guidelines, this document or applicable law

have not been respected by the Interested Party, or

b) The authorized signatory of the documents: has been convicted for being a member of a criminal

organisation or has been convicted for offences of fraud, bribery, corruption, or money laundering, or

c) The Interested Party has been declared bankrupt or is currently subject to any form of insolvency

proceeding, or

d. The Interested Party or any of its affiliates is listed on any applicable list of sanctioned entities or is

otherwise a target of applicable sanctions (and is not exempted) or TAP AG would be subject to

criminal or civil liability under, or for non-compliance with, sanctions applicable to TAP AG as a

result of its relationship with the Interested Party.

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6. DISCLAIMER

Any costs incurred by an Interested Party in connection with the Non-Binding Phase shall be borne solely by

the Interested Party. The publication of this document or the acceptance by TAP AG of a completed

Registration and Non-Binding Demand Indication Form do not constitute an offer by TAP AG to conclude

any form of contract with the Interested Party, nor does it constitute an invitation to conclude any such

contract.

Nothing in this Non-Binding Phase Notice is intended to create or give rise to any cause of action or right of

claim between TAP AG and the Interested Party. No rights may be derived from the contents of this

publication. The terms of this Non-Binding Phase Notice do not constitute an offer capable of becoming a

contract by acceptance.

TAP has acted in good faith to ensure that the information in this Non-Binding Phase Notice is correct as at

the date of this Non-Binding Phase Notice, however no representation or warranty is made by TAP AG as to

the accuracy or completeness of such information and TAP AG will not accept any liability, of any kind, for

any inaccuracies or incompleteness in such information. Furthermore, TAP shall have no obligation to update

this Non-Binding Phase Notice for any changes arising after the date of issue of this Non-Binding Phase

Notice. Nonetheless, if new or revised information is provided in this Non-Binding Phase Notice, TAP AG

shall have no liability to any third party. TAP AG assumes no liability in contract or in tort or breach of

statutory duty or otherwise for or in respect of any loss or damage howsoever arising in respect of or in

connection with the information contained in, referred to in or supplied with this Non-Binding Phase Notice.

Information labelled ‘Confidential’ by the Interested Party in the documentation submitted will be treated as

such by TAP AG.

TAP AG will be entitled, if TAP AG has informed the Authorities and has received no written objection from

the Authorities, to disclose (a) the aggregated data received from the Interested Parties to the public and (b)

the names of the Interested Parties and the individual data received from Interested Parties to the

Authorities. In addition, TAP AG will disclose to the Authorities all information required to be disclosed

under the Guidelines and any applicable law or governmental order, decree, regulation or rule irrespective of

whether the information was labelled ‘Confidential’ or not. By filling out the documentation required for

the Non-Binding Phase, each Interested Party agrees that all the documents submitted by it, including all

information from the application, including information labelled as ‘Confidential’ can be shared by TAP AG

with the Authorities and Adjacent TSOs for assessing the demand for Expansion Capacity at the

interconnection points with Adjacent TSOs.

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Appendix A

Registration and Non-Binding Demand Indication form

for the 2021 Market Test

1. REGISTRATION FORM

Send to:

Marija Savova

Head of Commercial

Trans Adriatic Pipeline AG

Lindenstrasse 2

6340 Baar, Switzerland

Phone: +41 41 747 3400

Fax: +41 41 747 3401

www.trans-adriatic-pipeline.com

[email protected]

General information

Name of Interested Party: ___________________________________________________

Registered address: ________________________________________

__________________________________________

Register number (if applicable):_______________________________________

Contact person (name): ________________________

Position: ____________________

Telephone: _____________

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Fax: ______________

E-mail: _____________________________

Contact address of the Interested Party:

___________________________________________

___________________________________________

The Interested Party confirms by ticking the boxes below that:

□ An authorized representative has signed the Confidentiality Agreement and this is enclosed.

□ The Participation Fee has been paid.

□ The relevant Authority (please specify here: ……………………………………….) has received the information required (as described in the Capacity Caps Form) from the Interested Party.

□ Audited accounts for the last 3 completed financial years are enclosed.

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□ Proof of the authorized representative’s power to sign on behalf of the Interested Party is enclosed, containing a certified copy from the relevant company register (where applicable) and valid power of attorney in favour of such authorized representative (if necessary).

□ Sanctioned gas1 will not be introduced into or transported through any part of the TAP pipeline, as further detailed in the Gas Transportation Agreement template.

□ No person employed at senior management level in the company of the Interested Party or representing that company has been convicted for being a member of a criminal organization or has been convicted for offences of fraud, anti-bribery, corruption or money laundering.

□ It has not been declared bankrupt and is not currently subject to any form of insolvency proceeding.

□ The Non-Binding Demand Indication Form, as set out below, has been duly filled out by the Interested Party.

□ It acknowledges the need to submit the Declaration of No Objection from the Authorities to TAP.

□ It acknowledges the provisions of the „Data Protection Information" document uploaded on TAP’s Market Test webpage.

The documentation set out above represents mandatory supporting documentation and information and, to the extent such document is required to be submitted, must be submitted along with this Registration and Non-Binding Demand Indication Form.

1 The definition of “Sanctions” can be found in Section 3.2 of the Appendix “General Terms and Conditions for the Transportation of Gas” available on TAP’s corporate website.

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2. NON-BINDING DEMAND INDICATIONS FORM

Please specify your interest in:

1. Capacity Requests

From

Entry-Exit point

To

Entry-Exit point

Capacity Type

(Forward Firm Long-Term)

Gas Years Amount

kWh/d

Please specify whether the above non-binding Capacity Requests are subject to any conditions:

________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________

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________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________

Please specify whether the above non-binding Capacity Requests are linked to other non-binding demand indications submitted/to be submitted to other TSOs.

If YES, please specify name of TSO___________________________________________________________________________________________

If NO, please elaborate

________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________

_______________________________________________________________________________________________________________________

Please indicate whether the capacity requested above is intended to be used for gas not matching the current natural gas specification of the TAP

Network Code. Please include any relevant details. In case of hydrogen, please indicate the percentage of hydrogen and when the requirement is

expected to start.

________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________

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2. Connection Requests

Entry and/or Exit Country

Greece/Albania

Purpose Amount of capacity envisaged

Please specify whether you are also interested in submitting non-binding Capacity Request(s) corresponding to the Connection Request.

If YES, please fill it out in Table 1.

If NO, please elaborate here

________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________

Please attach separately further information on the exact geographic location and any other specifications for the Connection Request.

Please note that, according to Section 4.7.5 and 4.7.8 of the Final Joint Opinion of the Energy Regulators on TAP AG’s Exemption Application, dated 6 June 2013, granted by the Authorities pursuant to Directive 2009/73/EC, all costs related to the construction and operation of such new entry and exit points will be borne by the third party who made the request, according to the national legislation in place at the time of the request.

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By signing this Registration and Non-Binding Demand Indication Form, any Interested Party agrees to and accepts:

1. The 2021 Market Test process as set out in the Guidelines for the TAP AG 2021 Market Test and supporting documentation.

2. That this document, including all data from the Interested Party can be shared by TAP with other TSOs for the assessment of the demand for incremental capacity at their joint Interconnection Points.

3. That the submission of this Registration and Non-Binding Demand Indication Form neither binds the Interested Party to submit a binding offer, nor does it bind TAP to proceed to any investment or realisation of Expansion Capacity.

This Form is hereby submitted:

By: _____________________________________

Position: ____________________________________

Company: ________________________________

Telephone Number: ________________________

Fax: _____________________________________

E-mail: ____________________________________

Date: ____________________________________

Signature: ____________________________________

This Registration and Non-Binding Demand Indication Form and the documentation referred to herein is to be submitted to the email address [email protected] by 6 September 2021. It is in TAP’s sole discretion to accept the submission of relevant documentation mentioned herein, other than this Registration and Non-Binding Demand Indication Form and the confirmation regarding the submission of the information in the

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Capacity Caps Form (Appendix to the relevant Authority (such confirmation to be made by ticking the relevant box above*), beyond the aforementioned deadline.

*The Declaration of No Objection from the Authorities (Appendix D) shall be submitted to TAP at the latest 2 (two) weeks prior to the end of the Demand Assessment Phase, i.e. by 11 October 2021.2

2 The Demand Assessment Phase lasts for a period of 16 weeks, in line with the provisions of Article 26 CAM NC.

VASSLOWI
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Appendix B. Confidentiality Agreement

THIS AGREEMENT is made on the [●] day of [●] [year] (hereinafter the "Effective Date") by and between

• Trans Adriatic Pipeline AG, a company duly organized and existing under the laws of Switzerland ("TAP AG"), with an office in Lindenstrasse 2, 6340 Baar, Switzerland, and

• [●], a company duly organized and existing under the laws of [●] with its registered office located at [●] (the "Interested Party").

TAP AG and the Interested Party are hereinafter together referred to as "Parties" or individually as a "Party".

1. TAP AG is developing the potential expansion of the Trans Adriatic Pipeline (TAP) Project, involving potential increases of the technical capacity at interconnection points along the TAP route from Greece through Albania to Italy. TAP AG is obliged to conduct a market test in accordance with the Guidelines for the TAP AG 2021 Market Test, as jointly approved by the Authorities, and pursuant to the FJO. Capitalised terms not otherwise defined herein shall have the meanings given to them in the Guidelines for the 2021 Market Test.

2. The Interested Party wishes to participate in a market test to be performed by TAP AG for the purpose of assessing the interest of potential shippers in contracting expansion of the entry and/or exit capacity in the TAP AG’s transportation system, as well as in the construction of new interconnection points along TAP AG’s transportation system (the “Purpose”). TAP AG is willing to disclose to the Interested Party information relating to TAP AG’s business which is strictly required for the Purpose, said information to include but not be limited to technical, commercial and operating data ("Confidential Information"). Such disclosure shall be in accordance with and subject to the terms and conditions of this confidentiality agreement (this “Agreement”).

3. In consideration of the disclosure referred to in item 2 above, the Interested Party receiving Confidential Information agrees that the Confidential Information is the property of TAP AG, and, subject to items 4, 5, 6 and 7 below, shall be kept strictly confidential and shall not be sold, traded, published or otherwise disclosed to any third party. The Interested Party further agrees that in the handling and storage of Confidential Information it will employ controls, protection and safeguards at least as stringent as the Interested Party would employ in the handling and storage of its own proprietary data and information.

4. The Interested Party may disclose the Confidential Information without TAP AG’s prior written consent to an Affiliated Company provided that the Interested Party guarantees the adherence of such Affiliated Company to the terms of this Agreement. "Affiliated Company" shall mean any legal entity which directly or indirectly (through one or more intermediates) controls or is controlled by or is under common control with such entity. For the purpose of this Agreement the term “control” is the possession, directly or indirectly, of the power to direct or cause the direction of the management or operating

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policies of the entity through the exercise of voting rights exceeding 50 % (fifty percent), contract, trust or otherwise or a right to appoint the majority of the directors of the entity.

5. In addition to those persons and companies to whom Confidential Information is allowed to be disclosed according to paragraphs 4, 6 and 7, the Interested Party may disclose the Confidential Information without TAP AG’s prior written consent only to the extent such information:

a) was at the time of entering into this Agreement lawfully in the possession of the Interested Party under no obligation of confidentiality; or

b) is already in possession of the public or becomes available to the public other than through the act or omission of the Interested Party in breach of this Agreement; or

c) is lawfully acquired independently under no obligation of confidentiality from a third party that has the right to disclose such information at the time it is acquired by the Interested Party; or

d) is required to be disclosed under applicable law or by governmental order, decree, regulation or rule (provided that the Interested Party shall give prompt written notice to TAP AG prior to such disclosure so that TAP AG may seek to obtain an appropriate protective order and the Interested Party shall cooperate to obtain such appropriate protective order) or in connection with required reports to governmental agencies or stock exchanges.

6. The Interested Party shall be entitled to disclose the Confidential Information without TAP AG’s prior written consent to such employees, officers and directors of the Interested Party or its Affiliated Companies who have a clear need to know strictly for the Purpose.

7. The Interested Party shall also be entitled to disclose Confidential Information to its consultants and outside advisors who need to have access to the same strictly for the Purpose, provided that a written undertaking to keep such information strictly confidential in substantially the same form as this Agreement is obtained from such person.

8. The Interested Party shall not use or permit the use of the Confidential Information except to the extent strictly necessary for the Purpose. The Interested Party shall be responsible for ensuring that all persons to whom the Confidential Information is disclosed under this Agreement shall keep such information confidential and shall not disclose or divulge the same to any unauthorised person, and the Interested Party agrees that it is responsible for any breach of any of the terms and conditions set out in this Agreement by its advisers and the employees, officers and directors of it and its Affiliated Companies.

9. The Interested Party agrees that monetary damages are an insufficient remedy for any actual or anticipatory breach of this Agreement, and that injunctive relief is an appropriate remedy to prevent the unwarranted disclosure of any Confidential Information. Such remedy shall not be deemed the exclusive remedy for any breach of this Agreement but shall be in addition to all other rights and remedies legally available to the Party claiming injunctive relief including the right for TAP AG to claim damages from the Interested Party.

10. The Confidential Information shall remain the property of TAP AG, and unless this Agreement terminates pursuant to paragraph 13 below, TAP AG may demand the return of original documents containing Confidential Information as well as the deletion

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of copies thereof upon giving written notice to the Interested Party. Upon receipt of such notice, the Interested Party shall promptly return to TAP AG all original Confidential Information and shall ensure that all copies and reproductions thereof (including without limitation information stored in an electronic format) in its possession are destroyed. Notwithstanding the previous two sentences, the Parties acknowledge and agree that:

a) the Interested Party has no obligation to destroy any decision-making documents submitted to its management that incidentally reflect or refer to Confidential Information,

b) the computer systems of the Interested Party may automatically back-up Confidential Information disclosed under this Agreement, and

c) to the extent the computer back-up procedures of the Interested Party creates copies of the Confidential Information, the Interested Party may retain those copies for the period it normally archives backed-up computer records, which copies are subject to the confidentiality obligations of this Agreement until they are destroyed.

11. The disclosure of Confidential Information pursuant to this Agreement, and any prior or future discussions or other communications between the Parties shall not confer any right nor impose or create any legally binding obligations on the Parties other than those agreed herein or as otherwise expressly agreed subsequently to the date hereof in writing. Neither Party shall rely upon any representation nor expectation that the other Party will enter into any relationship or transaction unless based upon another agreement in writing signed by the Parties. Nothing contained in this Agreement is intended to imply or create an exclusive relationship between the Parties, or to prevent either Party from having discussion with third parties. Nothing in this Agreement implies any partnership or joint venture between the Parties or is to be construed as making one party the agent or fiduciary of the other with respect to the Purpose.

12. Whilst TAP AG discloses the Confidential Information in good faith it makes no representation or warranties, express or implied, as to the quality, accuracy and completeness of the Confidential Information disclosed hereunder. Any use or reliance upon the Confidential Information shall be at the sole risk of the Interested Party.

13. The confidentiality obligations set forth in this Agreement shall take effect on the Effective Date and shall remain in force until five (5) years from the Effective Date, unless otherwise set forth.

14. This Agreement and any non-contractual obligations arising out of or in connection with it shall be governed by and interpreted in accordance with English law.

15. Subject to paragraph 10 above, any controversy or dispute that may arise in connection with or as a result of this Agreement and that cannot be resolved by mutual agreement by the Parties shall be exclusively and finally settled by arbitration in Vienna in accordance under the Rules of Arbitration of the International Chamber of Commerce in effect at the time of submitting the request. The language of arbitration shall be English and the seat of the arbitration shall be London.

16. No amendments, changes or modifications to this Agreement shall be valid unless the same are in writing and signed by a duly authorised representative of each of the Parties hereto.

17. The Parties acknowledge and agree that, without prejudice to the provisions of paragraph 5(a) above, any Confidential Information received prior to the Effective Date

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of this Agreement shall be treated as Confidential Information in accordance with the terms of this Agreement.

IN WITNESS WHEREOF, the duly authorised representatives of the Parties have caused this Agreement to be executed on the date first written above. Trans Adriatic Pipeline AG By: _________________________ and by _________________________ [name of Interested Party] By: ___________________________ and by _________________________

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APPENDIX C

FORM RELATING TO THE ASSESSMENT ON THE COMPATIBILITY OF THE NON-BINDING CAPACITY REQUESTS WITH THE CAPACITY CAPS PROVIDED BY PARAGRAPH 4.7 OF THE

FINAL JOINT OPINION (“FJO”) 1. INTRODUCTION 1.1 The purpose of this Form This form specifies the information that must be provided by the Interested Parties to the Italian Regulatory Authority for Energy, Networks and Environment (ARERA) in Trans Adriatic Pipeline’s (TAP) Market Test process, pursuant to the Guidelines for the TAP AG 2021 Market Test (Guidelines), in order to obtain a non-objection from ARERA on the compatibility of their non-binding Capacity Requests with the capacity caps set by paragraph 4.7.3 of the FJO.1 Capitalized terms not otherwise defined here shall have the meanings given to them in the Guidelines. Pursuant to the Guidelines, in order for ARERA to be able to evaluate the compliance of the non-binding Capacity Requests with the capacity caps, Interested Parties shall provide to ARERA the information set out below, as well as any other information that ARERA may deem to be relevant for this purpose. The submission of the information below to ARERA needs to be confirmed by the Interested Party to TAP by ticking the relevant box in the Registration and Non-Binding Demand Indication Form (Appendix A), which means that the deadline for having ticked this relevant box (and, thus having confirmed the submission of information to ARERA) is the same as for submitting Appendix A to TAP, i.e. within 8 weeks from the start of the Demand Assessment Phase – by 6 September 2021. The Declaration of No Objection (Appendix D) shall be submitted to TAP at the latest 2 (two) weeks prior to the end of the Demand Assessment Phase, i.e. by 11 October 2021. In order to ensure a smooth process, it is, therefore essential that ARERA is provided, in a timely fashion, with all the information required to carry out its assessment. 1.2 Requests for waivers You may request in writing to ARERA dispensation (waivers) to provide some of the requested information, in the following cases:

1) if such information is not reasonably available to you in part or in whole, 2) if you consider that any particular information required, may not be necessary for ARERA’s

assessment. Any request must be duly reasoned. 2. INFORMATION ABOUT THE INTERESTED PARTIES Please provide: 2.1. name of the undertaking concerned; 2.2. name of the group the undertaking concerned belongs to; 2.3. name, address, telephone number and e-mail address of, and position held by, the contact person; 2.4. if one or more authorized external representatives of the undertaking are appointed, the contact details of the representative(s) to which communications from ARERA can be addressed. 3. INFORMATION ON MARKET SHARES 3.1 Gas imports (including both pipeline and LNG imports) to Italy

1 Please note that a separate capacity cap form may also be required to be submitted to ARERA in the Binding Phase of TAP’s 2019 Market Test process.

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For each of the last two consecutive years, please provide: 3.1.1. your gas imports to Italy in value (in euros) and volume (Mm3), an estimate of your undertaking’s market shares and an estimate of the aggregate market shares for all the entities belonging to the same group your company is part thereof. The aggregate market shares shall be calculated by adding together the respective market shares of the following: (a) the undertaking concerned; (b) those undertakings in which the undertaking concerned directly or indirectly:

1) owns more than half the capital or business assets, or 2) has the power to exercise more than half the voting rights, or 3) has the power to appoint more than half the members of the supervisory board, the administrative

board or bodies legally representing the undertakings, or 4) has the right to manage the undertaking's affairs;

(c) those undertakings which have in the undertaking concerned the rights or powers listed in (b); (d) those undertakings in which an undertaking as referred to in (c) has the rights or powers listed in (b); (e) those undertakings in which two or more undertakings as referred to in (a) to (d) jointly have the rights or powers listed in (b); 3.1.2. an estimate of the total amount of gas imports to Italy in value (in euros) and volume (Mm3) based on which you have calculated the above market shares. In providing this information, please also indicate the basis and sources for the calculations and provide documents where available to confirm these calculations. 3.2 Sales on the Italian market for wholesale supply of gas In order to reply to the below questions, please take into account all gas sales (including LNG) made to resellers and traders in Italy with the exclusion of gas supplies made to end-customers in Italy (volumes to eligible customers that subsequently sell these volumes, e.g., LNG, to other eligible customers should be included in this section) With respect to the afore-mentioned market and for each of the last two consecutive years, please provide: 3.2.1. your sales in value (in euros) and volume (Mm3), an estimate of your undertaking’s market shares and an estimate of the aggregate market shares for all the entities belonging to the same group your company is part thereof. The aggregate market shares shall be calculated according to point 3.1.1 above. 3.2.2 an estimate of the total amount of gas wholesale sales to Italy in value (in euros) and volume (Mm3) based on which you have calculated the above market shares. In providing this information, please also indicate the basis and sources for the calculations and provide documents where available to confirm these calculations. 3.3 Retail supply of gas (including supplies to individual households and industries) In order to reply to the below questions, please take into account all gas sales made only to end-customers in Italy. With respect to the aforementioned market and for each of the last two consecutive years, please provide: 3.3.1. your sales in value (in euros) and volume (Mm3), an estimate of your undertaking’s market shares and an estimate of the aggregate market shares for all the entities belonging to the same group your company is part thereof. The aggregate market shares shall be calculated according to point 3.1.1 above. 3.3.2 an estimate of the total amount of gas retail sales to Italy in value (in euros) and volume (Mm3) based on which you have calculated the above market shares. In providing this information, please also indicate the basis and sources for the calculations and provide documents where available to confirm these calculations. 4. FINAL DECLARATION The information provided to ARERA in accordance with this form must conclude with the following declaration which is to be signed by or on behalf the undertaking submitting the information: "The submitting party or parties declare that, to the best of their knowledge and belief, the information given in this from is true, correct, and complete, that all estimates are identified as such and are their best estimates of the underlying facts, and that all the opinions expressed are sincere."

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5. CONFIDENTIALITY If you believe that your interests would be harmed if any of the information you are asked to supply were to be published or otherwise divulged to other parties, submit this information with each page clearly marked "Business Secrets". The information provided to ARERA in accordance with this form must be submitted to the

following email address: [email protected]

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APPENDIX C

FORM RELATING TO THE ASSESSMENT ON THE COMPATIBILITY OF THE NON-BINDING CAPACITY REQUESTS WITH THE CAPACITY CAPS PROVIDED BY PARAGRAPH 4.7 OF THE

FINAL JOINT OPINION (“FJO”) 1. INTRODUCTION 1.1 The purpose of this Form This form specifies the information that must be provided to the Albanian Energy Regulatory Authority (ERE) by the Interested Parties in Trans Adriatic Pipeline’s (TAP) Non-Binding phase of the Market Test process, pursuant to the Guidelines for the TAP AG 2021 Market Test (Guidelines) in order to obtain a non-objection from ERE on the compatibility of their non-binding Capacity Requests with the Capacity Caps set by paragraph 4.7.9 of the FJO.1 Capitalised terms not otherwise defined here shall have the meanings given to them in the Guidelines. Pursuant to the Guidelines, in order for ERE to be able to evaluate the compliance of the non-binding Capacity Requests with the capacity caps, Interested Parties shall provide to ERE the information set out below, as well as any other information that ERE may deem to be relevant for this purpose. The submission of the information below to ERE needs to be confirmed by the Interested Party to TAP by ticking the relevant box in the Registration and Non-Binding Demand Indication Form (Appendix A), which means that the deadline for having ticked this relevant box (and thus having confirmed the submission of information to ERE) is the same as for submitting Appendix A to TAP, i.e. within 8 weeks from the start of the Demand Assessment Phase – by 6 September 2021. The Declaration of No Objection (Appendix D) shall be submitted to TAP at the latest 2 (two) weeks prior to the end of the Demand Assessment Phase, i.e. by 11 October 2021. In order to ensure a smooth process, it is therefore essential that ERE is provided, in a timely fashion, with all the information required to carry out its assessment. 1.2 Requests for waivers You may request in writing to ERE dispensation (waivers) to provide some of the requested information, in the following cases:

1) If such information is not reasonably available to you in part or in whole, 2) If you consider that any particular information required, may not be necessary for the ERE

assessment. Any request must be duly reasoned. 2. INFORMATION ABOUT THE INTERESTED PARTIES Please provide: 2.1 Name of the undertaking concerned; 2.2 Name of the group the undertaking concerned belongs to; 2.3 Name, address, telephone number and e-mail address of, and position held by, the contact person; 2.4 If one or more authorized external representatives of the undertaking are appointed, the contact details of the representative(s) to which communications from ERE can be addressed. 3. INFORMATION ON MARKET SHARES 3.1 Gas imports to Albania

1 Please note that a separate capacity cap form may also be required to be submitted to ERE in the Binding Phase of TAP’s 2019 Market Test process.

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For each of the last two consecutive years, please provide: 3.1.1. Your gas imports to Albania in value (in Euros) and volume (Mm3), an estimate of your undertaking’s market shares and an estimate of the aggregate market shares for all the entities belonging to the same group your company is part thereof. The aggregate market shares shall be calculated by adding together the respective market shares of the following: (a) the undertaking concerned; (b) those undertakings in which the undertaking concerned directly or indirectly:

1) owns more than half of the capital or business assets, or 2) has the power to exercise more than half the voting rights, or 3) has the power to appoint more than half the members of the supervisory board, the administrative

board or bodies legally representing the undertakings, or 4) has the right to manage the undertaking's affairs;

(c) those undertakings which have in the undertaking concerned the rights or powers listed in (b); (d) those undertakings in which an undertaking as referred to in (c) has the rights or powers listed in (b); (e) those undertakings in which two or more undertakings as referred to in (a) to (d) jointly have the rights or powers listed in (b); 3.1.2. An estimate of the total amount of gas imports to Albania in value (in euros) and volume (Mm3) based on which you have calculated the above market shares. In providing this information, please also indicate the basis and sources for the calculations and provide documents where available to confirm these calculations. 3.2 Sales on the Albanian market for wholesale supply of gas In order to reply to the below questions, please take into account all gas sales made to resellers and traders in Albania with the exclusion of gas supplies made to end-customers in Albania With respect to the afore-mentioned market and for each of the last two consecutive years, please provide: 3.2.1 Your sales in value (in Euros) and volume (Mm3), an estimate of your undertaking’s market shares and an estimate of the aggregate market shares for all the entities belonging to the same group your company is part thereof. The aggregate market shares shall be calculated according to point 3.1.1 above. 3.2.2 An estimate of the total amount of gas wholesale sales to Albania in value (in Euros) and volume (Mm3) based on which you have calculated the above market shares. In providing this information, please also indicate the basis and sources for the calculations and provide documents where available to confirm these calculations. 3.3 Retail supply of gas (including supplies to individual households and industries) In order to reply to the below questions, please take into account all gas sales made only to end-customers in Albania. With respect to the aforementioned market and for each of the last two consecutive years, please provide: 3.3.1 Your sales in value (in Euros) and volume (Mm3), an estimate of your undertaking’s market shares and an estimate of the aggregate market shares for all the entities belonging to the same group your company is part thereof. The aggregate market shares shall be calculated according to point 3.1.1 above. 3.3.2 An estimate of the total amount of gas retail sales to Albania in value (in Euros) and volume (Mm3) based on which you have calculated the above market shares. In providing this information, please also indicate the basis and sources for the calculations and provide documents where available to confirm these calculations. 4. FINAL DECLARATION

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The information provided to ERE in accordance with this form must conclude with the following declaration which is to be signed by or on behalf of the undertaking submitting the above information: "The submitting party or parties declare that, to the best of their knowledge and belief, the information given in this from is true, correct, and complete, that all estimates are identified as such and are their best estimates of the underlying facts, and that all the opinions expressed are sincere." 5. CONFIDENTIALITY If you believe that your interests would be harmed if any of the information you are asked to supply were to be published or otherwise divulged to other parties, submit this information with each page clearly marked "Business Secrets". The information provided to ERE in accordance with this form must be submitted to the following

email address: [email protected]

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APPENDIX C FORM RELATING TO THE ASSESSMENT ON THE COMPATIBILITY OF THE NON-BINDING

CAPACITY REQUESTS WITH THE CAPACITY CAPS PROVIDED BY PARAGRAPH 4.7 OF THE FINAL JOINT OPINION (“FJO”)

1. INTRODUCTION 1.1 The purpose of this Form This form specifies the information that must be provided to the Regulatory Authority for Energy (RAE) by the Interested Parties in Trans Adriatic Pipeline’s (TAP) Market Test process, pursuant to the Guidelines for the TAP AG 2021 Market Test (Guidelines), in order to obtain a non-objection from RAE on the compatibility of their non-binding Capacity Requests with the capacity caps set by paragraph 4.7.6 of the FJO.1 Capitalized terms not otherwise defined here shall have the meanings given to them in the Guidelines. Pursuant to the Guidelines, in order for RAE to be able to evaluate the compliance of the non-binding Capacity Requests with the capacity caps, Interested Parties shall provide to RAE the information set out below, as well as any other information that RAE may deem to be relevant for this purpose. The submission of the information below to RAE needs to be confirmed by the Interested Party to TAP by ticking the relevant box in the Registration and Non-Binding Demand Indication Form (Appendix A), which means that the deadline for having ticked this relevant box (and thus having confirmed the submission of information to RAE) is the same as for submitting Appendix A to TAP, i.e. within 8 weeks from the start of the Demand Assessment Phase – by 6 September 2021. The Declaration of No Objection (Appendix D) shall be submitted to TAP at the latest 2 (two) weeks prior to the end of the Demand Assessment Phase, i.e. by 11 October 2021. In order to ensure a smooth process, it is, therefore essential that RAE is provided, in a timely fashion, with all the information required to carry out its assessment. 1.2 Requests for waivers You may request in writing to RAE dispensation (waivers) to provide some of the requested information, in the following cases:

1) if such information is not reasonably available to you in part or in whole, 2) if you consider that any particular information required, may not be necessary for RAE’s

assessment. Any request must be duly reasoned. 2. INFORMATION ABOUT THE INTERESTED PARTIES Please provide: 2.1. name of the undertaking concerned; 2.2. name of the group the undertaking concerned belongs to; 2.3. name, address, telephone number and e-mail address of, and position held by, the contact person; 2.4. if one or more authorized external representatives of the undertaking are appointed, the contact details of the representative(s) to which communication from RAE can be addressed. 3. INFORMATION ON MARKET SHARES 3.1 Gas imports (including both pipeline and LNG imports) to Greece

1 Please note that a separate capacity cap form may also be required to be submitted to RAE in the Binding Phase of TAP’s 2019 Market Test process.

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For each of the last two consecutive years, please provide: 3.1.1. your gas imports to Greece in value (in Euros) and volume (Mm3), an estimate of your undertaking’s market shares and an estimate of the aggregate market shares for all the entities belonging to the same group your company is part thereof. The aggregated market shares shall be calculated by adding together the respective market shares of the following: (a) the undertaking concerned; (b) those undertakings in which the undertaking concerned directly or indirectly:

1) owns more than half the capital or business assets, or 2) has the power to exercise more than half the voting rights, or 3) has the power to appoint more than half the members of the supervisory board, the

administrative board or bodies legally representing the undertakings, or 4) has the right to manage the undertaking's affairs;

(c) those undertakings which have in the undertaking concerned the rights or powers listed in (b); (d) those undertakings in which an undertaking as referred to in (c) has the rights or powers listed in (b); (e) those undertakings in which two or more undertakings as referred to in (a) to (d) jointly have the rights or powers listed in (b); 3.1.2. an estimate of the total amount of gas imports to Greece in value (in Euros) and volume (Mm3) based on which you have calculated the above market shares. In providing this information, please also indicate the basis and sources for the calculations and provide documents where available to confirm these calculations. 3.2 Sales on the Greek market for wholesale supply of gas In order to reply to the below questions, please take into account all gas sales (including LNG) made to resellers and traders in Greece with the exclusion of gas supplies made to end-customers in Greece (volumes to eligible customers that subsequently sell these volumes, e.g., LNG, to other eligible customers should be included in this section) With respect to the afore-mentioned market and for each of the last two consecutive years, please provide: 3.2.1. your sales in value (in Euros) and volume (Mm3), an estimate of your undertaking’s market shares and an estimate of the aggregate market shares for all the entities belonging to the same group your company is part thereof. The aggregate market shares shall be calculated according to point 3.1.1 above. 3.2.2 an estimate of the total amount of gas wholesale sales to Greece in value (in euros) and volume (Mm3) based on which you have calculated the above market shares. In providing this information, please also indicate the basis and sources for the calculations and provide documents where available to confirm these calculations. 3.3 Retail supply of gas (including supplies to individual households and industries) In order to reply to the below questions, please take into account all gas sales made only to end-customers in Greece With respect to the afore-mentioned market and for each of the last two consecutive years, please provide: 3.3.1. your sales in value (in Euros) and volume (Mm3), an estimate of your undertaking’s market shares and an estimate of the aggregate market shares for all the entities belonging to the same group your company is part thereof. The aggregate market shares shall be calculated according to point 3.1.1 above. 3.3.2 an estimate of the total amount of gas retail sales to Greece in value (in euros) and volume (Mm3) based on which you have calculated the above market shares. In providing this information, please also indicate the basis and sources for the calculations and provide documents where available to confirm these calculations. 4. FINAL DECLARATION The information provided to RAE in accordance with this form must conclude with the following declaration which is to be signed by or on behalf the undertaking submitting the information: "The submitting party or parties declare that, to the best of their knowledge and belief, the information given in this from is true, correct, complete, that all estimates are identified as such and are their best estimates of the underlying facts, and that all the opinions expressed are sincere."

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5. CONFIDENTIALITY If you believe that your interests would be harmed if any of the information you are asked to supply were to be published or otherwise divulged to other parties, submit this information with each page clearly marked as “Business Secret”. The information provided to RAE in accordance with this form must be submitted to the following email address: [email protected]

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APPENDIX D

Declaration of No Objection by Authorities

In accordance with the Guidelines for the TAP AG 2021 Market Test , the Authorities will need to

evaluate the compliance of the non-binding Capacity Requests with the Capacity Caps set out in

points 3, 6 and 9 of section 4.7 of the Final Joint Opinion (FJO). Capitalized terms not otherwise

defined hereunder shall have the meanings given to them in the Guidelines.

The Interested Party is responsible for obtaining the relevant Authority’s (ARERA, RAE, ERE) non-

objection regarding the compliance of their non-binding Capacity Requests with the Capacity Caps

and must provide TAP AG with confirmation that the relevant Authority has not objected to the In-

terested Party’s information submitted in the Capacity Cap Form (Appendix C). The submission of

this Declaration of No Objection by Authorities (signed and dated) to TAP AG amounts to this con-

firmation. Interested Parties should submit this Appendix D to TAP AG at the latest 2 (two) weeks

prior to the end of the Demand Assessment Phase (i.e. by 11 October 2021).

The Interested Party acknowledges that failure to provide such confirmation will result in the non-

binding Capacity Requests being deemed invalid.

Therefore:

The Interested Party declares that the relevant Authority (please specify Authority:

………………………): [please tick the applicable box below]

has taken a decision that the Interested Party’s non-binding Capacity Requests is compatible

with the Capacity Cap as set out in point [3]/[6]/[9] of section 4.7 of the FJO [delete as appro-

priate and specify relevant section for market concerned].

Or:

has given a tacit approval by not raising any concerns related to the compliance of the infor-

mation submitted by the Interested Party (as required under the Capacity Cap Form) with the

relevant Capacity Caps by at the latest 2 (two) weeks prior to the end of the Demand Assess-

ment Phase (i.e. by 11 October 2021).

I hereby declare that the information herein is true.

Interested Party

_____________________________________________________________________

By: ______________________________

Date: ______________________________

Signature:

___________________________________

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Trans Adriatic Pipeline AG Lindenstrasse 2, 6340 Baar, Switzerland

www.tap-ag.com

Copyright Reserved: This document may not be copied, shown to or placed at the disposal of third parties

without prior consent of TAP AG. The latest version of the document is registered in the TAP Project’s Database

Data Protection Information for TAP AG’s Market Test

Trans Adriatic Pipeline AG (TAP AG) is a company with registered seat at Lindenstrasse 2,

6340 Baar, Switzerland, registered at Commercial Register in Zug no. CHE-113.500.620.

As a data controller, TAP AG is responsible for determining the purpose, content and procedure

of processing personal data in the course of TAP AG’s Market Test process in accordance with

EU Regulation 2016/679 on the protection of natural persons with regard to the processing of

personal data and on the free movement of such data, the General Data Protection Regulation

(GDPR) and national legislation in force regarding data protection.

This document (the Data Protection Information) relates to TAP AG’s processing of the

personal data of Interested Parties and Participants in the TAP AG’s Market Test process. This

Data Protection Information should be read alongside TAP AG’s fair processing information

to data subjects, available online at https://www.tap-ag.com/privacy-notice (the Privacy

Notice). Where there is any inconsistency between the Privacy Notice and this Data Protection

Information, this Data Protection Information takes precedence.

The Market Test is a “commercial activity” for the purposes of the Privacy Notice.

Capitalised terms used but not defined in this Data Protection Information shall have the

meanings given to them in the Guidelines for the TAP AG Market Test, the Project Proposal,

the Non-Binding Phase Notice and other supporting market test documentation (in each case,

once published by TAP AG, hereinafter referred to as the Relevant Market Test

Documentation)1.

A) Purpose and legal basis for processing

Purpose for processing: Personal data will be processed for the purposes of TAP AG’s 2021

Market Test (the Market Test), which was initiated on 12 July 2021.

As part of the Market Test, the Interested Parties/Participants submit information, including

certain personal data, to ensure the valid registration and participation of any

Participant/Interested Party in TAP AG’s Market Test, as further described in the Relevant

Market Test Documentation. Interested Parties/Participants may also disclose and submit

personal data during other written and oral interactions which take place between TAP and the

Interested Parties/Participants for the purpose of performing and completing the Market Test.

Legal basis for processing: Personal data is processed on the basis of TAP's legitimate

interests as the data controller.

1 All documents are publicly available on TAP AG’s Market Test webpage.

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More specifically, this enables TAP to comply with (i) the relevant regulatory framework (on

the basis of which the TAP Network Code and registration process were developed), as well as

(ii) TAP’s Network Code 22(7) and the registration form annexed to TAP’s Network Code,

which enables an Interested Party/Participant to become a registered party on the TAP

transportation system and forms a part of the template Gas Transportation Agreement).

B) Source of personal data

TAP AG collects the personal data included in the Relevant Market Test Documentation and

in any other documents which individuals provide to TAP AG, as well as any other data which

individuals have themselves made known to or which they will make known to TAP AG in the

future, either orally or via any other means, written or electronically.

C) Recipients of personal data

In addition to the recipients identified in the Privacy Notice, personal data may be transferred

to and received by:

a) the National Regulatory Authorities of Italy, Greece and Albania;

b) TSOs; and

c) TAP AG’s external advisors including lawyers, experts, consultants and ICT service

providers.

D) Duration of processing

TAP AG will collect, store, and process personal data for as long as it is necessary to carry out

the Market Test and resolve any potential relevant legal disputes.

TAP AG may continue to store and process personal data after the completion of the Market

Test, for the period permissible under applicable legislation, or where Interested Party or

Participant has entered into a Gas Transportation Agreement with TAP AG following a positive

outcome within the Market Test.