TRANSPORT CONTRACT no. FOR NATURAL GAS ... Contract for Natural Gas Transport through Bulgartransgaz...
Transcript of TRANSPORT CONTRACT no. FOR NATURAL GAS ... Contract for Natural Gas Transport through Bulgartransgaz...
Harmonised Contract for Natural Gas Transport through Bulgartransgaz EAD Gas Transmission Networks, approved by Bulgartransgaz EAD Management Board with Protocol Decision No.30/20.12.2013, amended with Protocol Decision No.67/19.12.2014, amended with Protocol Decision No.115/14.12.2015., amended with Protocol Decision No.155/23.08.2016.
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TRANSPORT CONTRACT no.
FOR NATURAL GAS TRANSMISSION
THROUGH BULGARTRANSGAZ EAD GAS TRANSMISSION NETWORK
Today, ................ in Sofia
BETWEEN:
..............................................., having its seat and registered address at:
........................................, with Uniform ID Code ................................, represented
by................................ – ....................... Manager/ Executive Director, hereinafter referred
to as Customer
and
BULGARTRANSGAZ EAD, having its seat and registered address at: 1336 Sofia, Blvd.
Pancho Vladigerov 66, registered with company file. No. 16439/2006 by Sofia City Court,
with Uniform ID Code 175203478 and Identification No. under the Value Added Tax Act
BG175203478, represented by Georgi Gegov – Executive Director, hereinafter referred to as
"Transmission operator" or „Operator”,
hereinafter referred together as "the Parties",
DECLARATIONS:
The Transmission operator is an owner and operator of the gas transmission network on the
territory of the Republic of Bulgaria and performs natural gas transmission services on the
basis of a license issued by the Energy and Water Regulatory Commission (EWRC) and in
accordance with the requirements of the Energy Act, the regulations and other rules adopted
thereunder;
The Customer being ........................ /Public supplier of natural gas, natural gas
trader, non-household customer, production company, operator of a storage
facility or a liquefied natural gas facility, distribution system operator, end
supplier of natural gas/ has certain natural gas quantities for the term of validity of this
contract, with agreed quantities for supply for ...................... (year) /period corresponding
to the transportation period under the contract/ on the grounds of a concluded valid contract
for supply and would like to enter into a transport contract for natural gas transmission
through the gas transmission network of the Transmission operator in accordance with the
Harmonised Contract for Natural Gas Transport through Bulgartransgaz EAD Gas Transmission Networks, approved by Bulgartransgaz EAD Management Board with Protocol Decision No.30/20.12.2013, amended with Protocol Decision No.67/19.12.2014, amended with Protocol Decision No.115/14.12.2015., amended with Protocol Decision No.155/23.08.2016.
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terms and conditions of this Transport contract and in line with the transmission capacity
allocated to them ……………………… /type of allocated capacity - firm, interruptible; monthly,
quarterly, annual/ in line with Annexes no.3А, 3B, 3C and ЗD based on the submitted
Application for Access to Gas Transmission Network incoming ref.no. ………………… of
…………………;
The Customer has ensured the natural gas quantities transportation to the declared entry
point of the gas transmission network ................................... (GMS Negru Voda 1/Kardam,
GMS Negru Voda 2,3/Kardam/ GMS Galata ot GMS Dolni Dabnik) having concluded a
contract for capacity ensured through the transmission system of the neighbouring operator
or has natural gas quantities ensured under concluded valid contract for supply up to the
entry point…………………………………… (GMS Negru Voda 1/Kardam, GMS Negru Voda 2,3
/Kardam, GMS Galata or GMS Dolni Dabnik) for the duration of this contract.
Having regard to the above, the Parties agreed as follows:
1. DEFINITIONS
1.1 The terms below shall have the following meaning under this Contract:
Natural Gas Transmission shall mean natural gas transportation through the gas
transmission network owned by the Transmission operator;
Gas transmission operator, Operator shall mean Bulgartransgaz EAD, an owner of the
gas transmission network through which the service, subject-matter of the Transport
Contract, is carried out, holder of licenses for natural gas transmission and storage;
Gas customer shall mean any physical or legal person who has concluded a Contract for
natural gas supply for non-household needs with a place of delivery being an acceptance
point of the gas transmission network;
Customer/Network customer/User – any physical or legal entity who has concluded
Transport Contract through Bulgartransgaz EAD gas transmission network;
Connected customer – shall mean natural gas customer who has a connection in place
with the gas transmission network through a direct gas pipeline, their property;
Balancing user – a customer of the gas transmission network to whom for a particular
gas hand-over point the difference between the sum of the nominated quantities and the
actually transported quantity shall be allocated, provided that other customers at the point
receive allocated quantity equal to the nominated one;
Natural Gas Transport Contract/Harmonised Contract/the Contract – a Contract
entered into between Bulgartransgaz EAD and the Customer, entered into in line with the
generally acceptable terms and conditions whose subject-matter includes capacity booking
Harmonised Contract for Natural Gas Transport through Bulgartransgaz EAD Gas Transmission Networks, approved by Bulgartransgaz EAD Management Board with Protocol Decision No.30/20.12.2013, amended with Protocol Decision No.67/19.12.2014, amended with Protocol Decision No.115/14.12.2015., amended with Protocol Decision No.155/23.08.2016.
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in the gas transmission network and natural gas transport through the gas transmission
network.
Contract term of validity shall mean the period from the date of signing of this Contract
until the date specified in Art. 3.1a;
Gas year shall mean a period of time starting at 08.00 am on 1 January of a given
calendar year and ending at 08.00 am on 1 January the next calendar year.
Cubic meter or m³ with reference to natural gas shall mean natural gas quantity at 20° C
(293.15 degrees Kelvin), absolute pressure 101.325 kPa containing water vapours within
the admissible concentration occupies a volume of one cubic meter;
Nomination shall mean a prior reporting by the Customer to the gas transmission
operator of the natural gas quantities the Customer intends to inject into or withdraw from
the system;
Re-nomination shall mean a subsequent reporting correcting the initial nomination;
Capacity product – shall mean natural gas transmission capacity for a given time period
at a given hand-over point or network acceptance point; depending on the period of their
duration capacity products are annual, quarterly and monthly;
Annual capacity product – natural gas transmission capacity per day with a duration of
one gas year.
Quarterly capacity product – natural gas transmission capacity per day with a duration
of one gas quarter.
Monthly capacity product – natural gas transmission capacity per day with a duration of
one gas month.
Uninterruptible/Firm capacity – natural gas transmission capacity (firm capacity
product) contractually guaranteed by the Operator as uninterruptible in line with the terms
and conditions hereof;
Interruptible capacity – natural gas transmission capacity (interruptible capacity
product) that may be interrupted by the transmission operator at any time in accordance
with the conditions stipulated in article 14.4 and article 14.5 of the Contract;
Entry capacity – the sum of Customer’s transmission capacity in capacity products under
the concluded Transport Contracts (the portfolio) in with which the User has the right to
inject natural gas to the system at a given hand-over point up to the size of the totally
booked capacity of the portfolio;
Harmonised Contract for Natural Gas Transport through Bulgartransgaz EAD Gas Transmission Networks, approved by Bulgartransgaz EAD Management Board with Protocol Decision No.30/20.12.2013, amended with Protocol Decision No.67/19.12.2014, amended with Protocol Decision No.115/14.12.2015., amended with Protocol Decision No.155/23.08.2016.
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Exit capacity – the sum of Customer’s transmission capacity in capacity products under
the concluded Transport Contracts (the portfolio) in with which the User has the right to
withdraw natural gas from the system at a given acceptance point up to the size of the
totally booked capacity of the portfolio;
Contracted capacity – the maximum transmission capacity on daily basis that the
Operator has booked for the Customer at the relevant entry and exit point/points for the
term of the Transport Contract;
Supplier – in this Contract is a physical or legal entity who supplies natural gas to
customers connected to the gas transmission network where the supply is carried out at
the exit point of the gas transmission network;
Natural Gas Transport Services – include capacity offering at the entry and exit points
of the gas transmission network and natural gas transmission through the gas transmission
network;
Balancing period – the time period within which the withdraw of a given amount of
natural gas must be offset by the Customer by means of injection of the same amount of
natural gas into each of Operator’s transmission networks;
Daily balancing period – a period equal to the gas day within which the Customer is
liable to keep a balance between the natural gas quantities handed over for transmission at
hand-over points and natural gas quantities withdrawn at acceptance points.
Imbalance - the difference between the amount of natural gas delivered for transmission
by the Customer at hand-over points, metered in energy units or in volume units, and the
amount of natural gas withdrawn by the Customer at acceptance points throughout the
respective day, metered in energy units or in volume units for each of Operator’s gas
transmission networks;
Cumulative balance – the amount of imbalance having occurred on a certain gas day
shall be added to the imbalance accumulated so far for each of the gas transmission
networks;
Day – a 24-hour period beginning at 8.00 am regardless of the day and ending at 8.00 am
on the next day;
Handed-over, hand-over and all derivatives shall mean the hand-over of natural gas for
transmission by the Customer to the Transmission operator at the hand-over point;
Acceptance, take-over and all derivatives shall mean the acceptance of the natural gas
by the Customer, transported by the Transmission operator at the acceptance point;
Harmonised Contract for Natural Gas Transport through Bulgartransgaz EAD Gas Transmission Networks, approved by Bulgartransgaz EAD Management Board with Protocol Decision No.30/20.12.2013, amended with Protocol Decision No.67/19.12.2014, amended with Protocol Decision No.115/14.12.2015., amended with Protocol Decision No.155/23.08.2016.
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Hand-over point, Hand-over points shall mean entry points of the gas transmission
network where the Customer hands over the natural gas to the Transmission operator,
indicated in Annex no.2;
Acceptance point shall mean exit points (metering lines) of the gas transmission network
where gas metering is performed upon its hand-over by the Transmission operator to the
Customer, indicated in Annex no.3D;
Technical specification shall mean a specification approved by SEWRC as part of Rules
for management and technical rules of the gas transmission network, published on the
website of the Operator, determining the natural gas quality parameters and inseparable
part of this Contract – Annex no.1;
Date of the first quantity handed-over for transmission shall be the day as defined
in article 4.1;
Force majeure shall mean events of extraordinary nature as defined in art. 306 of the
Commercial Act and Art. 13 hereof;
Gas month shall mean the period beginning at 08:00 am on the first day of the calendar
month and ending at 08:00 on the first day of the next month;
Gas quarter shall mean a period of time beginning from 08.00 am on the first day of
January, April, July and October and ending at 08:00 am on the first day of each
subsequent April, July, October and January respectively;
Natural gas or Gas shall mean any type of hydrocarbons or a mixture of hydrocarbons, or
the associated gas or other gases, consisting mainly of methane, which at 0° C and
atmospheric pressure are predominantly in the gaseous state;
Gross Calorific Value shall mean the quantity of heat released at the complete
combustion at constant temperature 298.15 К (25°C) of one cubic meter of natural gas
under standard conditions 293.15 К (20°C), whereas all of the water formed during the
combustion condensates at reference temperature. It shall be metered in MWh (25°С
/20°С)/m3 or MWh/m3.
Gas of deteriorated quality characteristics shall mean natural gas which quality
characteristics fail to comply with the Technical Specification (Annex no.1);
Party shall mean Customer or the Transmission operator, referred to together as Parties;
Price of natural gas transmission shall mean the price as defined in art. 8.1;
Water dew point shall mean the temperature at which water vapours in the natural gas
begin to condense;
Harmonised Contract for Natural Gas Transport through Bulgartransgaz EAD Gas Transmission Networks, approved by Bulgartransgaz EAD Management Board with Protocol Decision No.30/20.12.2013, amended with Protocol Decision No.67/19.12.2014, amended with Protocol Decision No.115/14.12.2015., amended with Protocol Decision No.155/23.08.2016.
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Linepack (gas accumulation in the pipe) shall mean natural gas quantity, expressed in
cubic meters or energy units, located in the gas transmission network at a given moment;
General Terms and Conditions of the Natural Gas Transport Contracts and
Natural Gas Transport Contract shall mean the approved by EWRC General Terms and
Conditions of the Natural Gas Transport Contracts through Bulgartransgaz EAD gas
transmission networks and Natural Gas Transport Contract.
1.2 Unless explicitly otherwise stated in this Contract natural gas transmission,
transportation or transport shall mean the same.
2. SUBJECT OF THE CONTRACT
2.1 The Transmission operator shall ensure entry/exit transmission capacity at
acceptance/hand-over points in line with the capacity products allocated to the
Customer for the relevant day of the gas year (Annexes nos.3А, 3B, 3D and 3E).
2.2 The Customer shall undertake to ensure the hand over at hand-over points and to
accept the nominated natural gas quantities at acceptance points according to the
nominations under art.6 of this Contract within the transmission capacity on daily
basis allocated to them ………………… /type of the allocated capacity - firm, interruptible; monthly, quarterly, annual/ – (Annexes nos.3А, 3B, 3C and 3D) at a
pressure set out in Annex no.2 and no.3D hereto.
2.3 The Transmission operator is bound to accept at hand-over points and hand-over at
acceptance points the natural gas quantities handed over according to the
nominations under art.6 of this Contract at hand-over points and at a pressure set
out in Annex no.2 and no.3D hereto.
2.4 If the Customer requests other acceptance or hand-over points than those specified in
Annex no.2 and Annex no.3D, the procedure under the Rules on the access to the
gas transmission and/or gas distribution networks shall apply for the new points.
2.5 The responsibility and the risk of natural gas accidental loss according to the terms
and conditions of this Contract shall be transferred from the Customer to the
Transmission operator and vice versa, respectively at hand-over points and
acceptance points.
3. CONTRACT TERM OF VALIDITY AND TERMINATION
3.1 This Contract shall enter into force upon its signing and shall remain in force until:
a) ................ or the complete acceptance of the natural gas quantities contracted
under this Contract, when the hand-over of such quantities has not been performed
by ................
b) Termination of this Contract in accordance with art. 9.5.
c) Termination of this Contract in accordance with art. 13.
d) Termination of this Contract by signing a Transport Contract under item 19.10.
Harmonised Contract for Natural Gas Transport through Bulgartransgaz EAD Gas Transmission Networks, approved by Bulgartransgaz EAD Management Board with Protocol Decision No.30/20.12.2013, amended with Protocol Decision No.67/19.12.2014, amended with Protocol Decision No.115/14.12.2015., amended with Protocol Decision No.155/23.08.2016.
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e) Termination of this Contract by the non-defaulting party in the event of default of
any of the Parties by a 30 day written notice submitted to the defaulting party.
f) Termination of this Contract by either Party by a 30 days written notice to the other
party in the event of launched bankruptcy proceedings or liquidation of the other
party.
g) Termination by mutual consent between the Parties.
h) Unilateral termination of this Contract by the Transmission operator in the event that
as of the date of the efficient implementation of the nominations for transmission
hereunder, the Customer:
- has not ensured natural gas quantities under concluded valid contract for supply at
entry point ...................... (GMS Negru Voda 1/Kardam; GMS Negru Voda
2,3/Kardam) or a contract for purchase and sale at entry point ................... (GMS
Galata, GMS Dolni Gabnik) for the duration of this contract or has no agreed
quantities under the contract for supply and under the contract for purchase and sale
for the period nominated for transmission, or
- has not ensured the supply and transmission of the natural gas quantities to the
entry point of the gas transmission system ...................... (GMS Negru Voda
1/Kardam; GMS Negru Voda 2,3/Kardam) for the duration of this contract, on the
basis of a valid contract for ensured capacity or an agreement for ensuring
transmission through the transmission system of the neighbouring operator or a
contract for supply concluded with a trader who has ensured capacity through the
transmission network of the neighbouring operator or has no natural gas quantities
under a contract for purchase and sale at entry point .................. (GMS Galata, GMS
Dolni Dabnik).
3.2 No termination hereof for whatever reasons shall relieve the Parties hereto of their
obligations or responsibilities with respect to the natural gas quantities handed over
before such termination, having had arisen or entered into force on or before the
effective date of termination.
4. DATE OF THE FIRST NATURAL GAS QUANTITY HANDED OVER FOR
TRANSMISSION
4.1 The date of the first quantity handed over for transmission under this Contract shall
be ....................... .
5. NATURAL GAS QUALITY CHARACTERISTICS
5.1 The natural gas handed over for transmission at hand-over points shall meet the
quality characteristics specified in the Annex no.1, an integral part hereof.
The natural gas accepted at acceptance points shall meet the quality characteristics
specified in the Technical Specification- Annex no.1, an integral part hereof.
Harmonised Contract for Natural Gas Transport through Bulgartransgaz EAD Gas Transmission Networks, approved by Bulgartransgaz EAD Management Board with Protocol Decision No.30/20.12.2013, amended with Protocol Decision No.67/19.12.2014, amended with Protocol Decision No.115/14.12.2015., amended with Protocol Decision No.155/23.08.2016.
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5.2 In the event that the natural gas quantity meant for transmission hereunder fails to
meet the quality characteristics according to the Technical Specification, the
Customer shall, within one hour of becoming aware of such inconsistency, inform the
Transmission operator about the reasons thereof, the expected duration of the
problem and taken necessary measures to terminate further hand over of gas with
deteriorated quality characteristics.
5.3 If the natural gas quantity handed over for transmission does not meet the quality
characteristics (gas with deteriorated quality characteristics), the Transmission
operator can:
а) refuse to transport all of the gas quantity with deteriorated quality or part thereof.
b) transport all of the nominated gas quantity with deteriorated quality or part thereof.
5.4 In the event that the Transmission operator has accepted gas with deteriorated
quality characteristics, the Customer shall owe compensation to the amount of all
proven costs covered by the Transmission operator as a result of the acceptance or
rejection of that gas.
5.5 If all of the natural gas quantity meant for acceptance by the Customer or any part
thereof is of deteriorated quality characteristics, the Transmission operator shall,
within one hour of becoming aware of such inconsistency, inform the Customer about
the reasons thereof, the expected duration of the problem and taken necessary
measures to terminate further hand over of such gas.
5.6 If the natural gas meant for acceptance does not conform to the parameters of the
quality characteristics of the handed over gas (gas of deteriorated quality
characteristics by no fault of the Customer), the Customer can:
a) Refuse to accept all of the gas quantity of deteriorated quality or part thereof.
b) Accept all of the natural gas quantity of deteriorated quality or part thereof.
5.7 In the event that the Customer has accepted gas of deteriorated quality
characteristics, the Transmission operator shall owe compensation to the amount of
all proven costs incurred by the Customer as a result of the acceptance or rejection of
such gas.
5.8 Rejected quantity:
а) According to art. 5.3а in full, the part rejected under art. 5.3а will be considered not
handed over.
Harmonised Contract for Natural Gas Transport through Bulgartransgaz EAD Gas Transmission Networks, approved by Bulgartransgaz EAD Management Board with Protocol Decision No.30/20.12.2013, amended with Protocol Decision No.67/19.12.2014, amended with Protocol Decision No.115/14.12.2015., amended with Protocol Decision No.155/23.08.2016.
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b) According to art. 5.6a in full, the part rejected under art. 5.6b shall be considered
unaccepted.
6. QUANTITIES, NOMINATIONS AND BALANCING
6.1 When signing the Contract the Parties shall agree upon an Annual Natural Gas
Transmission Programme – Annex no.3D, which should include the quantities for
transmission for the Contract duration including by quarters and months, and
maximum daily quantity by months for the period within the daily capacity allocated
to the Customer in total for all capacity products at the acceptance points and the
hand-over points as an integral part hereof.
6.2 The total natural gas quantity for transmission hereunder shall be to the amount
of...................... (....................................................................................) cubic
meters.
6.3 The Customer shall notify the Transmission operator every Friday (or respectively the
last working day of the week) no later than 12.00 pm of the daily nominations for
natural gas hand-over and acceptance for each day of the forthcoming week,
respectively at hand-over points and at acceptance points (Annex no.4A and Annex
4B). By 2.00 pm the Transmission operator has the right to reject a nomination
(Annex no.4C) if there are no technical conditions for its implementation and/or the
nomination exceeds the allocated daily capacity.
6.4. The Customer can amend the daily nomination for each day no later than 1.00 pm on
the previous day, notifying the Transmission operator thereof by submitting a re-
nomination (Annex no.5А and Annex no.5B). By 2.00 pm on the previous day the
Transmission operator has the right to reject the re-nomination (Annex No. 5C) if
there are no technical conditions for its implementation and/or the nomination
exceeds the allocated daily capacity.
6.4.1 If the Customer exceeds their contracted capacity by nominating natural gas
quantities for transmission at a given acceptance point beyond the capacity allocated
to them at this point, the Operator shall reduce the nomination to the contracted
capacity. The Operator may ensure the transmission of such additional quantities only
in case technical or technological possibilities to its implementation exist. In case of
allocation of the transported quantities under item 7.10, the allocation shall be made
pro rata the contracted capacity (the reduced nomination).
6.5 In the event that on any day of the Contract term the Customer fails to make their
nomination under art. 6.3 and art. 6.4 for the natural gas quantity he intends to
inject and withdraw from the gas transmission network for the respective day of the
period, the quantity nominated for the respective day of the period according to
Annexes nos. 3A, 3B, 3C and 3E shall be considered the quantity nominated for
transmission.
Harmonised Contract for Natural Gas Transport through Bulgartransgaz EAD Gas Transmission Networks, approved by Bulgartransgaz EAD Management Board with Protocol Decision No.30/20.12.2013, amended with Protocol Decision No.67/19.12.2014, amended with Protocol Decision No.115/14.12.2015., amended with Protocol Decision No.155/23.08.2016.
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6.6 In case of a cut off or decrease in gas supply at hand-over points the Customer shall
immediately notify the Transmission Operator of the reasons and the expected
duration.
6.7 The Customer shall be liable to maintain daily balance between the natural gas
quantities handed over for transmission at entry points and the natural gas quantities
withdrawn of the network at exit points with daily balancing period and monthly
settlement period. In case of detecting daily imbalance on day D for D-1, the Customer
shall prepare and submit a re-nomination for day D+1 under Annex no.6A to
compensate the imbalance by 1.00 pm on day D and the Operator shall confirm or
correct under Annex no.6B by 2.00 pm on day D. The last nomination shall have
priority against the corrected daily nomination under Annex no.5A. The sum of the
quantities nominated for transmission under Annexes no.5A and 6A shall not exceed
the contracted daily capacity.
6.8 In order to support the Customer in taking timely corrective actions to compensate
differences between the injected and withdrawn natural gas from each of the
networks, the Transmission Operator shall provide access to operating information on
the quantities of natural gas, handed over and accepted by the Customer respectively
at the hand-over points and at the acceptance points, by metering lines.
In cases where the Customer has the status of a balancing user at a certain entry
point and actions are needed to be undertaken to fill in or reduce the linepack in the
respective gas transmission network, the Operator shall send to the Customer a
Notification on linepack recovery/reduction (Annex no.6B) by 1:00 pm on day D for
day D+1 and the Customer shall provide and confirm the request for correction of
natural gas quantities at entry point (Annex no.6D) until 2.00 pm on day D for day
D+1. The resulting quantity stated for D+1 in excess of the received by the Customer
at exit points shall be determined as received quantity for transmission in day D+2.
6.9 In case that the Customer fails to remove the imbalance within day D+1 for day D-1,
the Transmission Operator is enabled to undertake actions to restore the balance in
the relevant network and is not liable to advise the Customer thereof. In case of
negative non-restored imbalance, the Customer shall pay the Operator the amount of
gas that is in imbalance at the prices the Operator has purchased gas for the needs
of the system during this period in line with the requirements of article 186,
paragraph 2 of Energy Act. Reporting and payment is performed under Section 7 and
Section 9 hereof.
6.10 In case that the daily or the cumulative imbalance exceed certain limit set by the
Operator (positive or negative), thus resulting in the impossibility to physically
balance the relevant transmission network and/or threatens its integrity and safe
operation, the Transmission operator shall take measures according to the provisions
of Section VI of Rules for management and technical rules of the gas transmission
networks, adopted by SEWRC Decision /promulgated SG 77/3.09.2013/.
Harmonised Contract for Natural Gas Transport through Bulgartransgaz EAD Gas Transmission Networks, approved by Bulgartransgaz EAD Management Board with Protocol Decision No.30/20.12.2013, amended with Protocol Decision No.67/19.12.2014, amended with Protocol Decision No.115/14.12.2015., amended with Protocol Decision No.155/23.08.2016.
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6.11 The Customer shall authorize its representatives according to an enclosed list upon
signing up the monthly protocols for the natural gas quantities at hand-over and
acceptance points.
6.12 The balancing regime hereunder is applicable by the enforcement of the Natural Gas
Market Balancing Rules and the Imbalance Charge Methodology.
7. REPORTING AND ALLOCATION OF THE NATURAL GAS QUANTITIES
7.1 The natural gas quantities under this Contract shall be reported in a Monthly protocol
(Annex no.7 at hand-over and acceptance points).
7.2. By 5.00 pm on the first working day of the month following the reporting one, the
Operator shall submit to the Customer a monthly natural gas quality certificate and
data on the metered quantities. By the fifth day of the month following the
reporting one, the Parties shall sign a Monthly protocol under Annex no.7. The
protocols shall be signed at Bulgartransgaz EAD main office. In case the Customer
refuses to sign the Monthly protocol or fails to sign it by 3.00 pm on the fifth day of
the month following the reporting one, the Operator shall sign the Protocol under
Annex no.7 unilaterally with no need of Customer’s signature.
The signing of the Monthly protocol within the above-mentioned term may also be
made by the Parties in line with the procedure laid down in the Electronic Signature
and Electronic Document Act.
7.3. The monthly protocol under Annex no.7 shall mandatory contain the following
information on monthly natural gas quantities:
a) natural gas quantities accepted by the Transmission operator at hand-over points,
in cubic meters;
b) natural gas quantities accepted by the Transmission operator at hand-over points,
in MWh;
c) energy value per cubic meter based on the average weighted monthly certificate;
d) natural gas quantities handed-over by the Transmission operator at acceptance
points, in cubic meters;
e) natural gas quantities handed-over by the Transmission operator at acceptance
points, in MWh.
f). capacity booked for each of the days at hand over and acceptance points.
g) daily excess in capacity at acceptance/hand over points as size and percentage.
7.4. The Monthly protocol under Annex no.7 for handed-over quantities at acceptance
points shall be used for invoicing between the Parties hereto.
Harmonised Contract for Natural Gas Transport through Bulgartransgaz EAD Gas Transmission Networks, approved by Bulgartransgaz EAD Management Board with Protocol Decision No.30/20.12.2013, amended with Protocol Decision No.67/19.12.2014, amended with Protocol Decision No.115/14.12.2015., amended with Protocol Decision No.155/23.08.2016.
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7.5 In case of more than one Customer (non-household customer, trader, public supplier)
at the hand-over point ................. (GMS Negru Voda 1/Kardam; GMS Negru Voda
2/Kardam) the Monthly protocol under Annex no.7 will be based on the allocation
pursuant to Interconnection Agreement with the neighbouring operator signed in line
with the requirements of Commission Regulation (EU) 2015/703 of 30 April 2015
establishing a network code on interoperability and data exchange rules.
7.6 In case of more than one Customer (non-household customer, trader, public supplier)
at the hand-over point ................. (GMS Negru Voda 1/Kardam; GMS Negru Voda
2,3/Kardam) where there is no concluded Interconnection Agreement under item
7.5., the allocation may be performed on the bases of an Allocation protocol for the
metered quantities by users drawn-up by the Upstream operator. If there is no
protocol from the Upstream operator, the allocation shall be made on the basis of an
Allocation Protocol drawn-up and signed by all users at the point.
7.7 In case of more than one Customer (user, trader, public supplier) at the hand-over
point GMS Galata/GMS Dolni Dabnik the Monthly protocol under Annex no.7 will be
based on the protocols signed between the supplier (the production company) and
each Customer at the hand-over point.
7.8 In case of more than one Customer (non-household customer, trader, public supplier)
at the acceptance point, the allocation shall be made on the basis of an Allocation
Protocol drawn-up and signed by all users at the point. In cases where there is only
one connected Customer at this point, the allocation shall be in line with the protocols
of each user at the point with the connected customer.
7.9 Users submit the protocols under items 7.6, 7.7. and 7.8. no later than 12:00 pm on
the current gas day on the allocation of gas quantities from the previous day. The
aggregate quantities under the protocols must be equal to the reading of the
commercial metering device.
7.10 In case the protocols under 7.6, 7.7. and 7.8. are not submitted within the term
under item 7.9. or they do not meet the requirements, the Operator of the gas
transmission network shall allocate pro rata the nominations.
7. 11 Based on the protocols under items 7.6, 7.7. and 7.8. or the allocation under item 7.10 the Operator shall draw-up preliminary daily protocols on the allocation of quantities at all entry and exit points by users, showing the sum of the quantities by users by acceptance points and the sum of his quantities by hand-over points until 1:00 pm of the current gas day for the previous gas day.
7.12 Operator shall draw-up final monthly protocols by 5:00 pm on the 4th day of the
month, following the reporting month. Data corrections from the preliminary daily protocols can be made by that term that serve as a base for the monthly protocols under Annex no.7.
Harmonised Contract for Natural Gas Transport through Bulgartransgaz EAD Gas Transmission Networks, approved by Bulgartransgaz EAD Management Board with Protocol Decision No.30/20.12.2013, amended with Protocol Decision No.67/19.12.2014, amended with Protocol Decision No.115/14.12.2015., amended with Protocol Decision No.155/23.08.2016.
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7.13 Each Network user at a given natural gas hand-over point may at any time declare to
the Operator, in writing, a status of balancing user at this point. In this case the allocation shall be made by the Operator and quantities shall be allocated to the remaining users equal to the confirmed nominations and the differences shall be allocated to the balancing user.
8. PRICES
8.1. The transport price shall be subject to regulation and approval in compliance with
the Energy Act and EWRC decisions or shall be determined according to the
effective legal rules specified for that type of activity, valid for this Contract
duration.
8.2. The Customer shall pay to the Transmission operator the value of the services of
natural gas transmission through the gas transmission network at the current price
for that period.
8.3. Until introduction of an entry-exit tariff model according to which the price of access
and transmission shall be set separately for the entry and exit points/areas, the
Customer shall pay to the Transmission operator the value of natural gas
transmission based on the transported quantities at the current and determined by
EWRC price for natural gas transmission.
8.4. After setting the price of access and transmission under the Methodology for setting
the prices of access and transmission through Bulgartransgaz EAD gas transmission
networks /approved by SEWRC Decision No 109 of 11.08.2014/, the Customer shall
pay to the Transmission operator the value of the transmission services at the
respective price of access and transmission of the capacity product at the contracted
entry/exit points. The prices set, applicable for the respective regulatory period, shall
be published on the Transmission operator's website according to the terms and
conditions laid down in the above Methodology.
8.5. If no price of access and transmission is set and implemented under item 8.4 within
this Contract duration and the Customer hand over to the Transmission operator
natural gas quantities for transportation amounting to less than 60% of the total
nomination under Art 6.1 for the period of the Contract (year, quarter, month), the
Customer shall pay 15% of the cost of transportation of the total nomination under
Art 6.1 for that period (year, quarter, month), no later than the end of the first
quarter after the expiry of the Contract. This payment shall in no way serve as an
exemption of the Customer's obligation to pay the cost for transportation of the
transported quantity.
8.6. In the event that the monthly amount of the transported gas exceed the duly made
nomination under Art. 6.1, the transport cost of these additional amounts will be
Harmonised Contract for Natural Gas Transport through Bulgartransgaz EAD Gas Transmission Networks, approved by Bulgartransgaz EAD Management Board with Protocol Decision No.30/20.12.2013, amended with Protocol Decision No.67/19.12.2014, amended with Protocol Decision No.115/14.12.2015., amended with Protocol Decision No.155/23.08.2016.
14
extra paid by the Customer at the current transmission price for the respective
month.
9. INVOICING AND PAYMENT
9.1. By the fourth day after the end of the calendar month, the Transmission operator
shall submit to the Customer the Monthly protocol under Annex no. 7 signed by the
Operator and invoices shall be issued based on them. Should the Customer refuse to
sign the Monthly protocol or if extra time is needed to prepare documents he does
not sign it until 3.00 p.m. on the fifth day of the month following the reporting one,
the Transmission operator shall issue an invoice based on the Monthly protocol
submitted to the Customer and signed by the Operator. The Customer shall be
entitled to contest the full invoiced amount or part of it, or provide further evidence
that impose change of the invoice, approved by the Operator, and shall be obliged to
pay the full amount of the invoice amount valid on the date of maturity of its
payment, regardless of contestation.
9.2. The Customer shall pay:
а) 30% of the cost of transportation of the nominated under Appendix 3D natural gas
monthly quantities within 5 working days of the beginning of the current month (the
transportation calendar month) by bank transfer, in BGN and after presenting an
invoice issued by the Transmission operator.
b) The balance of the amount due for the preceding month by the 15th day of the
month following the reporting month by bank transfer, in BGN and after presenting
an invoice issued by the Transmission operator.
9.3. If within the term specified in Art. 9.2b the Customer does not pay the amounts due,
the same shall owe to the Transmission operator penalty to the amount of the
statutory interest for the amount outstanding at the specified term, for the entire
period of delay, including the date of final payment.
9.4. If within 15 days of the date of payment, the Customer does not pay the amount(s)
due under this Contract, the Transmission operator can limit or suspend the
acceptance of natural gas for transportation.
9.5. In the event of Customer's failure to pay the amount due hereunder, the
Transmission operator has the right, after 30-day notice, to terminate this Contract
(unless the amount has not been paid in the meantime).
10. PRESSURE
10.1. The Customer shall hand over natural gas for transportation at the hand-over points
under pressure not exceeding the maximum pressure and not lower than the
Harmonised Contract for Natural Gas Transport through Bulgartransgaz EAD Gas Transmission Networks, approved by Bulgartransgaz EAD Management Board with Protocol Decision No.30/20.12.2013, amended with Protocol Decision No.67/19.12.2014, amended with Protocol Decision No.115/14.12.2015., amended with Protocol Decision No.155/23.08.2016.
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minimum, as specified in Annex No 2 for the hand-over points, an integral part of the
Contract.
10.2. The Transmission operator shall be entitled to fully or partially reject acceptance of
the natural gas quantity, nominated by the Customer at the hand-over points, if it
does not meet the requirements of Annex No 2.
10.3. The natural gas accepted by the Customer at the acceptance points will be under
pressure as specified in Annex No 3A, an integral part of the Contract, provided that
the Customer has handed over natural gas for transportation at the hand-over points
under pressure pursuant to the provisions of item 10.1.
10.4. The Customer shall be entitled to fully or partially reject acceptance of the natural gas
quantity nominated at the acceptance points if it does not meet the requirements
specified in Annex No 3D and the Customer has handed over the natural gas for
transmission at the hand-over points under pressure pursuant to the provisions of
item 10.1.
11. SCHEDULED MAINTENANCE WORKS
11.1. The Transmission operator shall publish on its website the periods for scheduled
maintenance of its facilities and notify the Customer in writing no later than 30 days
before the beginning of each period.
11.2. The technical regimes for natural gas transportation and acceptance during these
periods shall be determined by the Transmission operator.
11.3. During any period or periods for scheduled maintenance works the Parties shall
observe to the procedures for nominating quantities, as specified in Art. 6.
Nevertheless, the Parties shall be entitled to reduce the nominated natural gas
quantity below the minimum, including up to 0 cubic meters.
11.4. Except for emergencies, the scheduled maintenance works will be carried out mostly
during the summer period.
12. METERING
12.1. The natural gas quantities at the hand-over points and at the acceptance points shall
be metered by means of the existing metering devices.
12.2. The transported natural gas quantities, reported by the commercial metering devices
at the hand-over and acceptance points are considered to be the only reliable and
binding on the parties under the Contract in preparation and calculation of the
Monthly protocol.
Harmonised Contract for Natural Gas Transport through Bulgartransgaz EAD Gas Transmission Networks, approved by Bulgartransgaz EAD Management Board with Protocol Decision No.30/20.12.2013, amended with Protocol Decision No.67/19.12.2014, amended with Protocol Decision No.115/14.12.2015., amended with Protocol Decision No.155/23.08.2016.
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12.3. In the case of faulty or otherwise inoperative commercial metering devices at the
acceptance points the transported natural gas quantities shall be determined by the
Operator in the following sequence:
а) according to the control devices owned by the Transmission operator;
b) according to the control metering devices - owned by the Customer or Customer's
users provided they meet the requirements of the Measurements Act and have been
verified by an accredited laboratory;
c) on the basis of the previous reporting period for which metering data is available;
A Protocol shall be issued for such correction by the relevant employee of the
Operator which shall include: reason for the correction, period covered by the
correction, mode of recalculation of the transported quantities, transported
(corrected) quantities, protocol date of preparation, full names, position and
signature of the employee.
13. SUSPENSION OF GAS SUPPLY AT EXIT POINT OF THE GAS TRANSMISSION
NETWORK AT CUSTOMER'S REQUEST
13.1. In the event the validity of a supply contract at given gas acceptance point of the
transmission network is terminated or supply at given gas acceptance point of the
transmission network is suspended in line with the provisions of an existing supply
contract, the Customer may:
а) notify the Operator on the suspension of natural gas transmission by indicating the
specific gas acceptance point where suspension of gas transmission is requested, as
well as the exact date as of which suspension of gas transmission at this point until
the end of the contract is requested. In this case the Parties shall agree on a new
Annual Program to the Transport Contract (Annex No 3D) excluding the gas
acceptance point and the capacity at this point shall be announced available, except
in the cases involving change in the supplier.
b) notify the Operator on the temporary suspension of natural gas transmission by
indicating the specific gas acceptance point where suspension of gas transmission is
requested, as well as the exact date as of which suspension of gas transmission is
requested.
c) the notice under а) and b) should be received by the Operator at least 48 hours prior
to the date for which such suspension or temporary suspension of transmission is
requested.
d) request from the Operator suspension of gas supply at the natural gas acceptance
points /metering lines/ of the gas transmission network, when at this point, by
directly connected facility, gas is accepted only by gas customers having concluded
Harmonised Contract for Natural Gas Transport through Bulgartransgaz EAD Gas Transmission Networks, approved by Bulgartransgaz EAD Management Board with Protocol Decision No.30/20.12.2013, amended with Protocol Decision No.67/19.12.2014, amended with Protocol Decision No.115/14.12.2015., amended with Protocol Decision No.155/23.08.2016.
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contracts only with the user under this contract and when at these points there is no
other Customer/User with a valid Transport contract for natural gas.
13.2. Upon receipt of a notice under Art. 13.1, the Operator of the gas transmission
network:
1. shall order the owner of any facility directly connected to the gas transmission
network to suspend accepting natural gas as of the relevant date indicated in the
notice.
2. in the event of failure to comply with the provisions of item 1, the Operator, after
consultation with the Customers' representatives, shall undertake actions of
transmission suspension to the gas pipeline of the directly connected facility at
the indicated gas acceptance point and shall carry out the actions provided for to
that end in the Rules for Management and Technical Rules of the Gas
Transmission Networks.
3. actions under the previous item 2 shall be undertaken by the Operator only within
the established working hours and only at the natural gas acceptance points
/metering lines/ of the gas transmission network, where by directly connected
facility gas is accepted only by gas customer(s) for whom transmission is
suspended and/or cut, and when at these points there is no other Customer with
a valid Transport contract for natural gas.
13.3. All risks, damages and claims of the persons concerned that may arise while
implementing the provisions of Art. 13.2 shall be borne by the Customer who has
requested suspension of natural gas transmission at the respective gas acceptance
point, except where non-compliance by the Operator with the regulatory
requirements, including the Rules for Management and Technical Rules of the Gas
Transmission Networks, which have resulted in such damages.
13.4. Restoration of transmission at given gas acceptance point, except for the cases under
Art. 13.1а shall take place only within the established working hours and after
Customer's notice received by the Operator holding existing Transport contract to the
respective gas acceptance point of the gas transmission network no less than 48
hours prior to the date for which restoration of transmission has been requested.
14. SUSPENSION AND LIMITATION OF NATURAL GAS TRANSMISSION BY THE
OPERATOR. INTERRUPTION OF INTERRUPTIBLE CAPACITY.
14.1. The operator shall be entitled to suspend or limit natural gas transmission in the
following cases:
а) In case of immediate threat to life, health or property of people and in
order to avoid such circumstances;
b) In case of force majeure;
Harmonised Contract for Natural Gas Transport through Bulgartransgaz EAD Gas Transmission Networks, approved by Bulgartransgaz EAD Management Board with Protocol Decision No.30/20.12.2013, amended with Protocol Decision No.67/19.12.2014, amended with Protocol Decision No.115/14.12.2015., amended with Protocol Decision No.155/23.08.2016.
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c) During scheduled reconstructions and repair works on the gas transmission
system facilities.
d) In case of emergency or any other technological reasons beyond the
control of the Operator;
e) In case of emergency repair on the gas transmission system facilities;
f) In case of introduced limitation regime;
g) In cases threatening the gas transmission network integrity;
h) In case the Customer does not meet the natural gas quality and/or
pressure requirements at the acceptance points of the gas for transmission, set out
in Annex No 1 and Annex No 2.
i) In case of compliance with the obligations of the Operator under the
Emergency Action Plan in line with Regulation (ЕU) No 994/2010 of the European
Parliament and of the Council approved by an Order of the Minister of Economy,
Energy and Tourism.
14.2. The Operator shall bear no responsibility to the Customer for any damages suffered
and/or lost profits as a result of suspension or limitation of natural gas transport in
the cases listed in item 14.1.
14.3. In case of introducing limitation regime or temporary limitation of natural gas supply,
according to Ordinance No 10 of 9 June 2004 on the procedure for introducing
limitation regime, suspension or restriction of production or supply of electricity, heat
and natural gas, the terms, conditions and obligations set out in the Emergency
Action Plan and Ordinance No 10 shall apply.
In this case natural gas transmission to the exit points shall be limited under the
conditions and schemes for introducing limitation regime prepared by the Operator
pursuant to Art. 19 (3) of Ordinance No 10 of 9 June, 2004. The Customer shall be
obliged to take all possible measures to limit consumption by gas customers with
supply contracts to the announced daily limit for each of them;
14.4. In order to ensure implementation of the contracted firm capacity for transmission,
the Transmission operator shall be entitled to interrupt (partially or fully) the
contracted interruptible capacity for transmission.
14.5. The Transmission operator shall immediately notify the Customer on the likelihood of
interruption under item 14.4., as well as capacity interruptions occurred and their
duration.
Harmonised Contract for Natural Gas Transport through Bulgartransgaz EAD Gas Transmission Networks, approved by Bulgartransgaz EAD Management Board with Protocol Decision No.30/20.12.2013, amended with Protocol Decision No.67/19.12.2014, amended with Protocol Decision No.115/14.12.2015., amended with Protocol Decision No.155/23.08.2016.
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15. CHANGE OF THE SUPPLIER
15.1. If regarding the Customer hereunder the right to change the supplier is fully or
partially exercised by his Customer under natural gas supply contract the following
procedure shall apply:
15.2. In case of partial change of the supplier the transfer of part of the capacity required for
the implementation of daily quantities with a new supplier at a given acceptance point
shall be made where the annual products shall have priority over the quarterly products
and the quarterly shall have priority over the monthly products. Partial transfer is
possible for every product.
15.3 In case of full change of the supplier at a given acceptance point the entire contracted
capacity hereunder at this point shall be transferred to the new supplier.
15.4 The transfer of capacity products shall come into force as of the date of efficient
change of supplier by the product end date.
15.5. An Annex hereto shall be signed for the transferred capacity showing the changes in
the capacity products (Annexes no. 3А, 3B, 3C and 3E) and showing the change in the
quantity under item 6.2. hereof. The Annex shall be signed no later than 3 days prior to
the efficient change of supplier.
16. FORCE MAJEURE
16.1. Force majeure is an unforeseen or unavoidable event of extraordinary nature occurred
after Contract conclusion, beyond the will of the Parties, which is in causal relationship
with the failure or delay in performance.
16.2. Failure to comply with any term or condition of this Contract by either Party hereunder
shall not be considered default under this Contract as far as it results from force
majeure circumstance and provided that this Party has not been in delay at the time of
force majeure occurrence. As a result of such circumstances, if either Party is in default
in respect to implementation of any of the terms and conditions of this Contract, the
time when the Party has been in default only due to force majeure circumstances will
be added to the corresponding period provided for in the Contract, as well as to the
term of this Contract.
16.3. Each Party claiming force majeure shall promptly notify in writing the other Party and
shall be obliged to undertake the following actions:
а) Within 10 days submit documents proving the existence of force majeure and
thus justify its inability to fulfil the respective terms and conditions.
b) Within 30 days provide written information about the circumstances, the
underlying causes and the possible consequences for Contract implementation,
Harmonised Contract for Natural Gas Transport through Bulgartransgaz EAD Gas Transmission Networks, approved by Bulgartransgaz EAD Management Board with Protocol Decision No.30/20.12.2013, amended with Protocol Decision No.67/19.12.2014, amended with Protocol Decision No.115/14.12.2015., amended with Protocol Decision No.155/23.08.2016.
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and the expected time when it would be able to resume the full performance of
its obligations under the Contract.
c) Provide, on request, access to the other Party to inspect the location of the
facility, which failure has resulted in claiming force majeure circumstances.
d) In the shortest possible time take all necessary measures to repair the facilities
and resume the full performance of its obligations under this Contract.
16.4. In the event the Parties are not able to fulfil their obligations under this Contract due
to force majeure for a period of 90 consecutive days, so that neither Party is
interested in its implementation, it shall be entitled to terminate the contract by
submitting a 30-days written notification to the other party, except in the case where
within the period of the notification for termination, the natural gas hand-over and
the transportation have been resumed.
17. DISPUTE RESOLUTION
17.1 Any disputes that may arise with regard to this Contract shall be settled by
agreement.
17.2 In the event no agreement has been reached within 30 days after one of the Parties
has been informed by the other on the subject of the dispute, the same shall be
referred to the respective competent court.
18. CONFIDENTIALITY
18.1 The terms and conditions of this Contract and any information relating thereto
received by each of the Parties is confidential and neither of them shall disclose it to
third parties without the prior knowledge and consent of the other Party, except
where such information:
а) Has already been made available to the public at the time of the Contract conclusion
or may be received from other sources without limitations or breach of the present
confidentiality clause;
b) Must be accessible to third parties according to the requirements of the Bulgarian or
the European legislation, judgement or a decision issued by a competent public
authority.
19. CORRESPONDENCE
19.1 Any notice by one Party to the other under this Contract shall be delivered in person
or by registered mail, or fax to the address or fax number regularly provided by
each Party by written messages. Until receipt of such a message from one of the
Parties, the addresses and fax numbers of the Parties shall be the following:
Harmonised Contract for Natural Gas Transport through Bulgartransgaz EAD Gas Transmission Networks, approved by Bulgartransgaz EAD Management Board with Protocol Decision No.30/20.12.2013, amended with Protocol Decision No.67/19.12.2014, amended with Protocol Decision No.115/14.12.2015., amended with Protocol Decision No.155/23.08.2016.
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Transmission operator: Bulgartransgaz EAD
Attn: Chief Dispatching Division
Phone: 02/ 939 63 05
Fax: 02/ 925 03 51
Phone: 02/925 04 00; 0885 00 28 08
Customer: ..................
Attn:
Phone:
Fax:
19.2 Notices shall be considered received under the following conditions:
а) If delivered in person to an authorized representative or by registered mail with
advice of delivery at the time and date when the delivery was made; or
b) If sent by fax at the time and date of receiving a legible copy and verbal
confirmation, by return fax from an authorized representative of the addressee or
standard fax Ok confirmation message for successful dispatch.
19.3 The nominations under Art. 6, as well as the re-nominations and confirmations of the
Operator in connection with received nominations or re-nominations can be sent by
e-mail to authorized Customer's and Operator's representatives or by using other
electronic communication means agreed upon between the Parties.
20. FINAL PROVISIONS
20.1. This Contract will be governed by and construed in accordance with the Bulgarian
legislation.
20.2. The technical parameters and conditions for access of ”.............................” to
Bulgartransgaz EAD gas transmission network are integral part of this Contract.
20.3. This Contract shall not be amended or supplemented in any other way except in
writing by the Parties.
20.4. Any failure to perform or delay in the full or partial fulfilment of the terms and
conditions of this Contract by either Party shall not be deemed as a waiver of that
Party.
20.5. In case that either Party has accepted the failure to perform some of the provisions
under this Contract by the other Party without consequences, shall not be considered
as a precedent and assumed that in a similar or different situation the first Party
would accept again the default without any consequences.
20.6. If either Parties under this Contract has not properly performed its obligations, the
non-default party shall be entitled to claim damages for default unless the failure to
perform is due to a reason that could not be imputed to it.
Harmonised Contract for Natural Gas Transport through Bulgartransgaz EAD Gas Transmission Networks, approved by Bulgartransgaz EAD Management Board with Protocol Decision No.30/20.12.2013, amended with Protocol Decision No.67/19.12.2014, amended with Protocol Decision No.115/14.12.2015., amended with Protocol Decision No.155/23.08.2016.
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20.7. Indemnity shall cover the losses and damages suffered as far as these are directly
resulting from the default and could have been foreseen by the Party.
20.8. Within the Contract duration, the Parties will provide each other any information
relating to the performance of their obligations under this Contract. Upon request,
the Transmission operator shall submit to the Customer written information on the
accepted and handed over natural gas quantities under this Contract.
20.9. Within the Contract duration each Party shall act, sign documents, execute orders
and deliver anything required for implementation of its terms and conditions.
20.10. If within the term of validity this Contract, the General terms and conditions of the
Transport contracts for natural gas transmission through Bulgartransgaz EAD gas
transmission networks and the Transport contract for natural gas transmission are
approved, the Parties shall be bound to conclude a Transport contract for the
respective network under the approved by EWRC General terms and conditions.
20.11. If within the term of validity this Contract amendments in the legal and regulatory
framework occur, including introduction of prices of access and transmission under
the Methodology for setting the prices of access and transmission through
Bulgartransgaz EAD gas transmission networks /approved by SEWRC Decision No 109
of 11.08.2014/, requiring amendment of what has already been agreed upon, the
Parties shall be bound to sign a new Contract in accordance with the effective rules
and procedures.
20.12. This Contract and its appendices were signed in two copies - one for each Party.
20.13. The Customer shall be obliged to immediately notify the Transmission operator of any
change in the circumstances declared in the preamble of this Contract:
Annexes:
Annex No 1 –Technical specification of natural gas;
Annex No 2 – Contracted pressure and temperature levels at the hand-over points
(entry points);
Annex No 3A - Capacity by months within the daily capacity by annual products
allocated to the Customer; Acceptance points (exit points) and contracted pressure at
the acceptance points;
Annex No 3B - Capacity by months within the daily capacity by quarterly products
allocated to the Customer; Acceptance points (exit points) and contracted pressure at
the acceptance points; each subsequent quarter has a new number (Example 3B-
001);
Annex No 3C - Capacity by months within the daily capacity by monthly products
allocated to the Customer; Acceptance points (exit points) and contracted pressure at
Harmonised Contract for Natural Gas Transport through Bulgartransgaz EAD Gas Transmission Networks, approved by Bulgartransgaz EAD Management Board with Protocol Decision No.30/20.12.2013, amended with Protocol Decision No.67/19.12.2014, amended with Protocol Decision No.115/14.12.2015., amended with Protocol Decision No.155/23.08.2016.
23
the acceptance points; each subsequent quarter has a new number (Example 3C-
001);
Annex No 3D – Program for the natural gas quantities for transmission by quarters
and months; Acceptance points (exit points) and contracted pressure at the
acceptance points.
Annex No 3E - Capacity by months within the daily capacity allocated to the
Customer, in total for all products; Acceptance points (exit points) and contracted
pressure at the acceptance points; After each change of Annex 3B and/or No 3C, the
annex with a new number shall be annexed (Example 3D-001, 3D-002, No D-00n).
Standard forms of nominations and protocols:
Annex No 4А – Weekly nomination by days
Annex No 4B – Weekly nomination by days and in total by acceptance points
Annex No 4C – Approved weekly re-nomination
Annex No 5A – Daily re-nomination
Annex No 5B – Daily re-nomination in total by acceptance points
Annex No 5C – Approved daily re-nomination
Annex No 6А – Daily nomination to compensate the imbalance
Annex No 6B – Approved daily nomination to compensate the imbalance
Annex No 6C – Daily nomination for filling the linepack
Annex No 6D – Approved daily nomination for filling the linepack
Annex No 7 – Monthly protocol by acceptance points and hand-over points
For the Customer: For the Transmission operator:
Georgi Gegov
Executive Director
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Annex No 2
to Contract No ......................../................. for natural gas transmission
Hand-over point of natural gas transportation
from the Customer to the Transmission operator
Contracted pressure and temperature at the hand-over points
1. GMS Negru Voda 1/Kardam:
No Hand-over point
Minimum pressure
Maximum pressure
Minimum temperature
Maximum temperature
bar bar °C °C
GMS Negru Voda 1
/Kardam:
1-6
mcm/day:
45 - 44 barg
6.1-9
mcm/day
44 - 43 bаrg
9.1-13
mcm/day:
42 – 39
bаrg
13.1-16
mcm/day:
38-36 bаrg
16.1-18
mcm/day:
З6 -33 bаrg
18.1-20
mcm/day:
32-30 bаrg
54 barg 5 20
25
2. GMS Negru Voda 2,3/Kardam:
No Hand-over point
Minimum pressure
Maximum pressure
Minimum temperatur
e
Maximum temperature
bar bar °C °C
GMS Negru voda 2,3
38 bar 54 bar 5 20
3. GMS Galata:
No Hand-over point
Minimum pressure
Maximum pressure
Minimum temperature
Maximum temperature
bar bar °C °C
1.
GMS Galata
No lower than
3 bar above the 54 bar
current pressure at the
gas transmission system
5 20
4. GMS Dolni Dabnik:
No Hand-over point
Minimum pressure
Maximum pressure
Minimum temperature
Maximum temperature
bar bar °C °C
1.
GMS Dolni Dabnik 6.1 bar 54 bar 5 20
For THE CUSTOMER: For THE TRANSMISSION OPERATOR:
NATURAL GAS
QUALITY INDICATORS
Symbol Description Units No less than No more than Remarks
GCV Gross calorific value kWh/m3 10,0 12,7 At reference conditions
(25оС,20оС).
WI Wobbe index MJ/m3 45,0 55,0 At reference conditions
(25оС,20оС).
Dr Relative density - 0,50 0,72
CH4 Methane % mole 70,0
CO2 Carbon dioxyde % mole 5,0
N2 Nitrogen % mole 10,0
O2 Oxygen % mole 0,2
H2S Hydrogen sulfide mg/m3 6,5
S + XnSm Total sulfide mg/m3 30,0
Up to 100 mg/m3 allowed in exceptional cases allowed for a time period no more than 48 hours.
H20 DP Water due point оС -8,0 At a pressue of 39,2 barg.
CnHm DP Hydrocarbon dew point оС 0,0 At a pressure of 54 barg.
Remarks:
1. The conditions for metering natural gas quantities are pressure 1,01325 bara and temperature 20оС.
2. The terms for determining the Gross calorific value and the Wobbe index are 25оС and the conditions under item 1.
22
Annex No 2
to Contract No ......................../................. for natural gas transmission
Hand-over point of natural gas transportation
from the Customer to the Transmission operator
Contracted pressure and temperature at the hand-over points
1. GMS Negru Voda 1/Kardam:
No Hand-over point
Minimum pressure
Maximum pressure
Minimum temperature
Maximum temperature
bar bar °C °C
GMS Negru Voda 1
/Kardam:
1-6
mcm/day:
45 - 44 barg
6.1-9
mcm/day
44 - 43 bаrg
9.1-13
mcm/day:
42 – 39
bаrg
13.1-16
mcm/day:
38-36 bаrg
16.1-18
mcm/day:
З6 -33 bаrg
18.1-20
mcm/day:
32-30 bаrg
54 barg 5 20
23
2. GMS Negru Voda 2,3/Kardam:
No Hand-over point
Minimum pressure
Maximum pressure
Minimum temperatur
e
Maximum temperature
bar bar °C °C
GMS Negru voda 2,3
38 bar 54 bar 5 20
3. GMS Galata:
No Hand-over point
Minimum pressure
Maximum pressure
Minimum temperature
Maximum temperature
bar bar °C °C
1.
GMS Galata
No lower than
3 bar above the 54 bar
current pressure at the
gas transmission system
5 20
4. GMS Dolni Dabnik:
No Hand-over point
Minimum pressure
Maximum pressure
Minimum temperature
Maximum temperature
bar bar °C °C
1.
GMS Dolni Dabnik 6.1 bar 54 bar 5 20
For THE CUSTOMER: For THE TRANSMISSION OPERATOR:
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm
capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
C001
C001P01 6
C002
C002P01 6
C002P02 16
C00N
C00NP01 6
C00NP0N 25-54
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm
capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
C001
C001P01 6
C002
C002P01 6
C002P02 16
C00N
C00NP01 6
C00NP0N 25-54
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm
capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
C001
C001P01 6
C002
C002P01 6
C002P02 16
C00N
C00NP01 6
C00NP0N 25-54
JulyMay June
June July
November December
point No
Operating
pressure,
bar
Exit points -
GRS, AGRS, GMS
and names of
the points
January February March April
DecemberNovember
August September October
Appendix 3C - Monthly products
August September October
July
February March April May
February March April May June
point No
Operating
pressure,
bar
Exit points -
GRS, AGRS, GMS
and names of
the points
August September OctoberJanuary
Appendix 3А - Annual product
Appendix 3B - Quarterly products
point No
Operating
pressure,
bar
Exit points -
GRS, AGRS, GMS
and names of
the points
January
November December
Page 1 of 1
C001
C001P01 6
C002
C002P01 6
C002P02 16
C00N
C00NP01 6
C00NP0N 25-54
Appendix 3D - Transport Program
Total: April IV-th quarterpoint No
Operating
pressure,
bar
Exit/entry points
- GRS, AGRS,
GMS and names
of the points
I-st quarter January February March II-nd quarter October November DecemberMay June III-rd quarter July August September
Page 1 of 1
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm
capacity,
MWh/day
Nominated
firm capacity,
thousand cubic
meters/day
Nominated
firm capacity,
MWh/day
C001
C001P01 6
C002
C002P01 6
C002P02 16
C00N
C00NP01 6
C00NP0N 25-54
Exit points -
GRS, AGRS, GMS
and names of
the points
January November DecemberSeptember
Appendix 3E - In total for all products
October
point No
May June July AugustFebruary March April
Operating
pressure,
bar
Page 1 of 1
Appendix 4А
Date……….. Date……….. Date……….. Date……….. Date……….. Date……….. Date………..
point NoExit points - GRS, AGRS, GMS and names of the
pointsQuantity (m3) Quantity (m3) Quantity (m3) Quantity (m3) Quantity (m3) Quantity (m3) Quantity (m3)
Operating
pressure, barg
1 С 00… Exit point AGRS ………………
С 00… Exit point 1
………………………….
2 С 00… Exit point AGRS ………………
С 00… Exit point 1
.С 00… Exit point 2
.3 С 00… Exit point AGRS ……………… 0
С 00… Exit point 1
.С 00… Exit point 2
.
Total:
Prepared by: (..name..), (…job position/company...), (…contacts...)
/To be filled in by the Customer/ Signature:....
Date:........
Weekly nomination by days for the natural gas quantities for transportation and pressure by exit points (in cubic meters)
to Transport Contract No .................. 20….. for natural gas transmission
1. Hand-over points (entry point of the gas transmission system)
Hand-over point - code and name: …………………... GMS …
2. Exit points of the national gas transmission network and natural gas acceptance points - cubic meters
1
Appendix 4B to Transport Contract No .................. 20…. for natural gas transmission
WEEKLY NOMINATION
OF THE NATURAL GAS QUANTITIES FOR TRANSMISSION [mcm/day]
Date
Entry Exit
GMS Negru Voda 1 GMS
Galata GMS Dolny
Dybnik UGS Chiren Withdrawal
Total consumption GRS / AGRS
/ GMS
UGS Chiren Injection
Р,bar Q
Appendix No 4B shall be filled in for each entry and exit point in total under the Transport contract. Prepared by: (.....name...), (...job position/company...), (...contacts...) /To be filled in by the Customer/
Date:........ Signature:....
Appendix 4C to Transport Contract No .................. 20…. for natural gas transmission
APPROVED WEEKLY RE-NOMINATION
OF THE NATURAL GAS QUANTITIES FOR TRANSMISSION [mcm/day]
Date
Entry Exit
GMS Negru Voda 1 GMS
Galata GMS Dolny
Dybnik UGS Chiren Withdrawal
Total consumption GRS / AGRS
/ GMS
UGS Chiren Injection
Р,bar Q
Appendix No 4C shall be filled in for each entry and exit point in total under the Transport contract. Approved by: (.....name...), (...job position/company...), (...contacts...) /To be filled in by the Combined Operator/
Date:........ Signature:....
Appendix 5А
1. Hand-over points (entry point of the gas transmission system)
Hand-over point - code and name: …………………... GMS …
2.
point NoExit points - GRS, AGRS, GMS and names of the
pointsQuantity (m3)
Operating
pressure, barg
1 С 00… Exit point AGRS ………………
С 00… Exit point 1
………………………….
2 С 00… Exit point AGRS ………………
С 00… Exit point 1
.С 00… Exit point 2
.3 С 00… Exit point AGRS ……………… 0
С 00… Exit point 1
.С 00… Exit point 2
.
Total:
Prepared by: (..name..), (…job position/company...), (…contacts...)
/To be filled in by the Customer/ Signature:....
Date:........
Daily re-nomination for the natural gas quantities for transmission and
pressure for …………(date) for exit points (in cubic meters)
to Transport Contract No .................. 20….. for natural gas transmission
Exit points of the national gas transmission network and natural gas acceptance points - cubic
meters
1
Appendix 5B to Transport Contract No .................. 20…. for natural gas transmission
DAILY RE-NOMINATION
OF THE NATURAL GAS QUANTITIES FOR TRANSMISSION [mcm/day]
Date
Entry Exit
GMS Negru Voda 1 GMS
Galata GMS Dolny
Dybnik UGS Chiren Withdrawal
Total consumption GRS / AGRS
/ GMS
UGS Chiren Injection
Р,bar Q
Appendix No 5B shall be filled in for each entry and exit point in total under the Transport contract. Prepared by: (.....name...), (...job position/company...), (...contacts...)
/To be filled in by the Customer/
Date:........ Signature:....
Appendix 5C to Transport Contract No .................. 20…. for natural gas transmission
APPROVED DAILY RE-NOMINATION
OF THE NATURAL GAS QUANTITIES FOR TRANSMISSION [mcm/day]
Date
Entry Exit
GMS Negru Voda 1 GMS
Galata GMS Dolny
Dybnik UGS Chiren Withdrawal
Total consumption GRS / AGRS
/ GMS
UGS Chiren Injection
Р,bar Q
Appendix No 5C shall be filled in for each entry and exit point in total under the Transport contract. Prepared by: (.....name...), (...job position/company...), (...contacts...)
/To be filled in by the Combined Operator/
Date:........ Signature:....
Appendix No 6A to Transport Contract No.................20… for natural gas transmission Daily nomination for imbalance compensation for D-1 20… *
Date**
D
For date
*** D+1
Negru Voda
1, mcm/day
GMS Galata,
mcm/day
GMS
Dolny Dybnik,
mcm/day
UGS Chiren,
mcm/day
Sum,
mcm/day
* Date for which imbalance compensation is required ** Date of submitting the nomination for imbalance compensation *** Day to which the imbalance compensation refers Prepared by: (.....name...), (...job position/company...), (...contacts...) /to be filled in by the Customer/
Date:........ Signature:....
Appendix No 6B to Transport Contract No.................20… for natural gas transmission Approved daily nomination for imbalance compensation for D-1 20… *
Date**
D
For date
*** D+1
Negru Voda
1, mcm/day
GMS Galata,
mcm/day
GMS
Dolny Dybnik,
mcm/day
UGS Chiren,
mcm/day
Sum,
mcm/day
* Date for which imbalance compensation is required ** Date of submitting the nomination for imbalance compensation *** Day to which the imbalance compensation refers Prepared by: (.....name...), (...job position/company...), (...contacts...) /to be filled in by the Combined Operator/
Date:........ Signature:....
Appendix No 6C to Transport Contract No.................20… for natural gas transmission Daily nomination for linepack recovery for D-1 20… *
Date
D
For date
D+1
Q
mcm/day
D-1 Date for which linepack compensation is required D Date of submitting the nomination for linepack compensation D+1 Day to which the linepack compensation refers Prepared by: (.....name...), (...job position/company...), (...contacts...)
/to be filled in by the Combined Operator/
Date:........ Signature:....
Appendix No 6D to Transport Contract No.................20… for natural gas transmission Approved daily nomination for linepack recovery for D-1 20… *
Date**
D
For date
*** D+1
Negru Voda
1, mcm/day
GMS Galata,
mcm/day
GMS
Dolny Dybnik,
mcm/day
UGS Chiren,
mcm/day
Sum,
mcm/day
D-1 Date for which linepack compensation is required D Date of submitting the nomination for linepack compensation D+1 Day to which the linepack compensation refers Approved by: (.....name...), (...job position/company...), (...contacts...) /to be filled in by the Customer/
Date:........ Signature:....
to Transport Contract No .............../.........2014 for natural gas transmission
Monthly protocol in line with Art. 7.1 for the month of ......................................... 2014 by entry and exit points
GMS - 1,2,3
Negru voda GMS Galata GMS Dolny Dybnik point No
Exit points - GRS,
AGRS, GMS and names
of the points
Transported
quantitiesEnergy value
Transported
quantities
m³ m³ name m³ kcal/m³ MWhС… Exit point
С… Exit point
С… Exit point
С… Exit point
С… Exit point
С… Exit point
С… Exit point
С… Exit point
Total:
Prepared by: ............name............. , […job position/company.......] , [……….contacts..............]
Date: .................... Signature: ...................
Acceptance pointsHand-over points
Appendix No 7