Regasification Code
Amendment of the Regasification Code
AMENDMENT OF THE REGASIFICATION CODE
1)
GENERAL PRINCIPLES ............................................................................................................................ 1
2)
REGASIFICATION CODE CHANGE REQUESTS ................................................................................ 1
2.1)
AUTHORISED PARTIES ............................................................................................................................. 1
2.2)
SUBMITTING A CHANGE REQUEST ........................................................................................................... 2
2.2.1) Admissibility requirements ................................................................................................................. 2
2.2.2) Declaration of admissibility ................................................................................................................ 2
2.3) EVALUATION OF THE CHANGE REQUEST........................................................................................................ 2
3)
PROPOSED AMENDMENTS TO THE REGASIFICATION CODE .................................................... 4
3.1)
PREPARATION OF THE PROPOSED AMENDMENT ....................................................................................... 4
3.1.1) Content of the proposed amendment................................................................................................... 4
3.2)
CONSULTATION ON THE PROPOSED AMENDMENT .................................................................................... 4
3.3)
TRANSMISSION OF THE PROPOSED AMENDMENT TO THE REGULATORY AUTHORITY ............................... 5
4)
1)
COMMUNICATION .................................................................................................................................... 5
GENERAL PRINCIPLES
The procedure for amending the Regasification Code, defined in accordance with the
provisions of the Authority's Resolution ARG/gas No 55/09, aims to prepare and
manage proposals to amend the document due to:
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changes to the regulatory framework;
changing technical and market conditions;
material errors in the text of the document;
with a view to optimising the efficiency of operations at the Panigaglia Terminal in
light of experience acquired through the services offered.
The proposed amendments are prepared by GNL Italia, published for consultation
with interested parties and are then forwarded to the Regulatory Authority together
with the opinion of the Consultation Committee, in order to verify compliance with the
criteria for drafting the Regasification Code and with general objectives relating to the
access and use of LNG regasification plants.
Proposed amendments may also be prepared by GNL Italia as the result of change
requests received from authorised parties according to the procedure described below.
2)
REGASIFICATION CODE CHANGE REQUESTS
2.1) Authorised parties
Parties authorised to submit Regasification Code change requests are as follows:
a) Users, either individually or collectively;
b) storage and transport enterprises and associations of distribution companies,
limited to the areas of the Code which impact them directly.
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Amendment of the Regasification Code
2.2) Submitting a change request
Pursuant to Resolution ARG/gas No. 55/09, change requests may be submitted to
GNL Italia at any time during the Thermal Year.
The change request must include a description of the main elements of the required
change on the basis of which GNL Italia, if the proposed change is accepted, shall
develop a proposed amendment to the Regasification Code.
2.2.1) Admissibility requirements
In order to be declared admissible by GNL Italia, each change request must:
a)
b)
be submitted by an authorised party in accordance with paragraph 2.1 above;
be accompanied by information regarding the applicant (company, registered
office, etc.) and at least one contact person (name, telephone number, fax number,
e-mail, etc.) who can be contacted in relation to the change request in question;
c) indicate the reasons why the requesting party believes that the change should be
accepted, providing, if the request is submitted by the parties referred to in
paragraph 2.1 b) above, elements demonstrating their direct involvement in the
subject area of the change request;
d) include any relevant documentation (analysis, reporting, etc.) to support the
request.
2.2.2) Declaration of admissibility
GNL Italia shall verify that the change request complies with the requirements of
paragraph 2.2.1. In the event that one or more of these requirements have not been met,
GNL Italia shall inform the applicant of the inadmissibility of the request, indicating
which elements are not compliant, by the third business day following receipt of the
change request. The applicant is entitled to submit a new change request including the
additional elements required.
The change request is considered admissible if the Operator does not comment on it
within 3 working days of receipt.
2.3)
Evaluation of the change request
GNL Italia shall analyse and evaluate the change request based on the following
criteria:
a)
b)
c)
consistency of the changes with the regulatory framework and the principles of the
Regasification Code;
ways in which the changes will improve the functionality of the Regasification
Code;
operational implications for the LNG regasification activity in terms of technical
complexity, adjustment timelines and estimated cost.
During the evaluation phase, GNL Italia may request additional information and/or
clarification from the requesting party.
If the evaluation is successful, by the end of the 20th day following receipt of the
change request referred to in paragraph 2.2, GNL Italia shall publish the change
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Amendment of the Regasification Code
request on its web portal and shall draft a proposed amendment to the Regasification
Code in accordance with paragraph 3 below.
By the same deadline, GNL Italia, where it considers that the change request should
not be submitted for consultation, shall make it available to the Regulatory Authority,
along with an explanation as to why the Operator decided not to submit it for
consultation and informing the requesting party of same.
Similarly, if within 20 days of receipt of a change request further change requests are
received by GNL Italia, the Operator reserves the right to make such requests available
to the Regulatory Authority and to request the Authority to define an appropriate
timeline for commencing the respective consultation periods.
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Regasification Code
3)
Amendment of the Regasification Code
PROPOSED AMENDMENTS TO THE REGASIFICATION CODE
3.1) Preparation of the proposed amendment
With regard to proposals developed in response to change requests, pursuant to
Resolution ARG/gas No 55/09, GNL Italia may prepare proposed amendments to the
Regasification Code at any time during the Thermal Year or within the terms described
in paragraph 2 above.
In case of compliance with decrees, resolutions or other measures issued by the
competent authorities, GNL Italia shall prepare the relevant proposed amendment
within 15 days of the date of enactment of the measure or within the timeframe
specifically indicated by the competent authority.
3.1.1) Content of the proposed amendment
The proposed amendment shall consist of one or more modifications to the text of one
or more chapters of the Regasification Code. Each proposed amendment should be
accompanied by:
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a brief description of the nature of the proposed amendment, stating the reasons
why GNL Italia believes that this amendment should be adopted;
any supporting documentation (analysis, reports, etc.);
the change request, where the proposed amendment is in response to a request
submitted in accordance with paragraph 2 above.
3.2) Consultation on the proposed amendment
In order to consult with interested parties, GNL Italia shall publish the proposed
amendment on its web portal.
Pursuant to Resolution ARG/gas 55/09, the duration of the consultation phase is equal
to:
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45 days from the date of publication, or
30 days from the date of publication or, where the proposed amendment is
prepared in compliance with decrees, resolutions or other measures issued by the
competent authorities, a different specific timeline.
In conjunction with the publication of the proposed amendment, the Operator shall
indicate the closing date of the consultation period in accordance with the terms
described above.
For the purpose of transmission to the Regulatory Authority in accordance with
paragraph 3.3 below, the Consultation Committee and any other interested parties that
are not part of the Committee, may make their views and observations known to GNL
Italia by the closing date of the consultation period.
In the light of the observations and/or additional findings that may emerge during the
consultation phase or as a result of its own evaluations, GNL Italia may make changes
to the proposed amendment.
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Amendment of the Regasification Code
3.3) Transmission of the proposed amendment to the Regulatory Authority
For the purposes of verifying compliance, GNL Italia shall submit the proposed
amendment to the Regulatory Authority together with:
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the supporting documentation described in paragraph 3.1 above;
the opinion of the Consultation Committee, received at the end of the consultation
phase;
observations by interested parties that are not part of the Consultation Committee,
received before the end of the consultation period;
changes made to the proposed amendment as a result of the consultation process
and the reasons thereof;
additional findings from the consultation that GNL Italia decided not to adopt and
the reasons thereof.
Pursuant to the Resolution ARG/gas 55/09, GNL Italia shall send the proposed
amendment to the Authority by:
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4)
the 20th day following the close of the consultation period;
the 10th day following the close of the consultation period or a different deadline,
specifically indicated by the Regulatory Authority where the proposed
amendment is prepared in compliance with decrees, resolutions or other measures
issued by the competent authorities.
COMMUNICATION
The references and procedures for communication with GNL Italia are detailed on the
GNL Italia website.
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