E.ON Földgáz Storage Private Corporation
Natural gas storage licensee
Code of Business Conduct
E.ON Földgáz Storage Zrt
Natural Gas Storage Licensee
CODE OF BUSINESS CONDUCT
This Code of Business Conduct was approved by
Resolution No. ……/2011 (…) of the Hungarian Energy Office.
Budapest, ………… 2011
P.H.
Péter Horváth
President
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Content
I GENERALITIES 4
I.1 DEFINITIONS ............................................................................................................................ 4
I.1.1 DEFINITIONS OF THE TERMS USED IN THE CODE OF BUSINESS CONDUCT: .................... 4
I.2 THE OBJECTIVE, SUBJECT MATTER, EFFECT AND STRUCTURE OF THE AZ
CODE OF BUSINESS CONDUCT ........................................................................................... 6
I.2.1 THE OBJECTIVE AND SUBJECT MATTER OF THE CODE OF BUSINESS CONDUCT .......... 6
I.2.2 THE EFFECT OF THE CODE OF BUSINESS CONDUCT ................................................................ 6
I.2.3 THE STRUCTURE OF THE CODE OF BUSINESS CONDUCT ....................................................... 7
I.3 EFS COMPANY PROFILE ....................................................................................................... 9
I.3.1 OFFICIAL DATA...................................................................................................................................... 9
I.3.2 ORGANISATIONAL STRUCTURE AND FIELDS OF ACTIVITY OF EFS .................................... 9
I.3.3 STAKEHOLDERS .................................................................................................................................. 10
II ACTIVITIES OF EFS AS NATURAL GAS STORAGE LICENSEE 12
II.1 NATURAL GAS STORAGE ACTIVITY .............................................................................. 12
II.2 GENERAL SAFETY REGULATIONS .................................................................................. 12
II.2.1 GUARANTEES TO THE SECURITY OF SUPPLY FOR SYSTEM USERS ................................... 12
II.2.2 REGULATIONS ENSURING NON-DISCRIMINATORY AND TRANSPARENT STORAGE
SERVICE ............................................................................................................................................ 13
II.2.3 DATA PROTECTION GUARANTEES AND SECURITIES ............................................................. 13
II.2.4 ENVIRONMENTAL ISSUES ................................................................................................................ 14
II.3 QUALITY REQUIREMENTS OF THE SERVICES PROVIDED BY EFS ...................... 15
II.3.1 QUALITY PARAMETERS OF THE LICENSED ACTIVITY .......................................................... 15
II.3.2 REQUIREMENTS FOR THE QUALITY OF STORED NATURAL GAS, PROCEDURE OF
VERIFICATION ................................................................................................................................ 15
II.4 TECHNICAL REQUIREMENTS OF THE SERVICES PROVIDED BY EFS ................. 16
II.4.1 OPERATIONAL CONTROL OF THE STORAGE SYSTEM ........................................................... 16
II.4.2 REQUIREMENTS ARISING FROM THE TECHNICAL CHARACTERISTICS OF THE
STORAGE FACILITIES (LIMIT CONDITIONS OF CAPACITY MANAGEMENT) ............ 16
III SERVICES PROVIDED BY EFS 19
III.1 DESCRIPTION OF THE SERVICES .................................................................................... 19
III.1.1 BASIC SERVICES AND THE RULES OF ACCESS .......................................................................... 20
III.1.2 OPTIONAL SERVICES AND THE RULES OF ACCESS ................................................................. 23
III.2 OPERATIVE RULES OF USING THE SERVICES ............................................................ 25
III.2.1 RULES FOR NOMINATING BASIC SERVICES .............................................................................. 26
III.2.2 OPERATIVE RULES OF OPTIONAL SERVICES ............................................................................ 29
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III.3 DELIVERY AND ACCEPTANCE OF STORED NATURAL GAS IN THE COURSE OF
THE NATURAL GAS STORAGE SERVICE ....................................................................... 29
III.3.1 DELIVERY POINTS .............................................................................................................................. 29
III.3.2 MEASUREMENT OF THE DELIVERED NATURAL GAS ............................................................. 30
III.4 SETTLEMENT, PRICES AND TERMS OF PAYMENT OF THE SERVICES
PROVIDED BY EFS ................................................................................................................ 30
III.5 HANDLING COMPLAINTS PERTAINING TO THE GAS STORAGE SERVICES ..... 30
III.6 SERVICE-RELATED MISCELLANEOUS TERMS OF THE CODE OF BUSINESS
CONDUCT ................................................................................................................................ 31
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I GENERAL
I.1 DEFINITIONS
I.1.1 DEFINITIONS OF THE TERMS USED IN THE CODE OF BUSINESS CONDUCT:
The terms used in the Code of Business Conduct must be construed as meaning the same as in
the governing documents.
Other terms used in the Code of Business Conduct:
Storage operative programme Storage programme prepared by EFS to ensure the
accumulation of the aggregate target stock planned by the
System Users for the storage period.
Prepared gas The gas extracted from underground storage facilities that
has been prepared for transmission via long-distance
transmission pipelines.
Arrival pressure The pressure of the gas arriving at the transmission
pipeline delivery point of the underground gas storage
facility (pipeline zero point) from the transmission
pipeline during the injection cycle.
Parties For the purposes of the Natural Gas Storage Agreement:
EFS and the System User.
Settlement of natural gas A complex activity, including keeping a balanced record
quantities of the gas traffic of System Operators and System Users,
and producing the protocols that serve as the basis of
payments and verification of the performance of trading
and service provision contracts.
Natural Gas Transmission The company that holds a natural gas transmission licence
Licensee issued by the Office under the Gas Act.
GGPSSO Guidelines for Good Third Party Access Practice for
Storage System Operators (2 February 2011) by the
European Commission.
Monthly contracted quantity The quantity of gas scheduled for delivery and acceptance
for a given month (gas month) under the contract for the
relevant gas year.
Withdrawal pressure The pressure of the gas arriving at the transmission
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pipeline delivery point of the underground gas storage
facility during the withdrawal cycle.
R&D The Research and Development Division of MOL Nyrt,
and the technical system of the same.
Operator A contributing organisation that operates an underground
gas storage facility under a cooperation agreement made
with EFS.
Cushion gas The gas required to maintain the pressure in and
continuous operation of the underground gas storage
facility.
Transmission System The company that holds a transmission system operation
Operator licence issued by the Office under the Gas Act.
Short-term storage service Storage service requested for a period shorter than a
storage year.
Storage Licensee The company that holds a natural gas storage licence issued
by the Office under the Gas Act.
Load change The maximum allowable change in capacity in a single
time unit during the withdrawal and injection cycles of the
storage facility.
Load level The ratio of the mobile gas stored in the storage facility
and the maximum mobile capacity of the storage capacity.
Abbreviations used in the Code of Business Conduct:
Gas Act Act No. XL of 2008 of the Supply of Natural Gas
Civil Code Act No. IV of 1959 and Act No. CXX of 2009 on
the Civil Code
Mining Act Act No. XLVIII of 1993 on Mining
MSZ Hungarian Standard
Grid Code The network code
Implementation Decree Government Decree No. 19/2009 (I.30.) on the
Execution of Act No. LX of 2008
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I.2 THE OBJECTIVE, SUBJECT MATTER, EFFECT AND STRUCTURE OF THE AZ
CODE OF BUSINESS CONDUCT
I.2.1 THE OBJECTIVE AND SUBJECT MATTER OF THE CODE OF BUSINESS
CONDUCT
Section 113 of Act No. XL of 2008 on the Supply of Natural Gas (the Gas Act) requires
licensees to produce codes of business that contain the general rules concerning safety, quality,
technical and commercial issues, settlement and payments associated with the services provided
by the licensees, as well as the quality of service and satisfying customer demand.
The objective of this Code of Business Conduct is to define the general rules governing safety,
technical and commercial issues, quantity settlement and payments applied by E.ON Földgáz
Storage Zrt (hereinafter: EFS) towards the market actors with which it contracts, as well as the
contracting conditions, the rules applicable in the case of breach of contract, and the detailed
rules of the quality of service and satisfying customer demand.
Additionally, it is intended to provide a clear description of the rights and obligations of the
system users, and to lay down the rules that ensure non-discriminatory access to the storage
system.
This Code of Business Conduct contains the contracting conditions for the basic, optional and
customised services offered by EFS.
This Code of Business Conduct was developed on the basis of the documents listed in Annex
No. 2 (hereinafter: the governing documents). EFS strictly adheres to the terms set forth in these
documents.
I.2.2 THE EFFECT OF THE CODE OF BUSINESS CONDUCT
As per Section 113 Subsection (4) of the Gas Act, the Code of Business Conduct will enter into
effect on approval by the Office (Hungarian Energy Office). The scope of this Code of Business
Conduct covers the natural gas storage operations of EFS, the System Users that use the service
provided by EFS, the contracts made for natural gas storage services, and the contracting
parties.
As per Section 119 Subsection (1) of the Gas Act, the Office may apply legal sanctions should
EFS conduct its operations in a manner that deviates from this Code of Business Conduct.
In compliance with Section 113 Subsection (4) of the Gas Act, EFS will make its approved
Code of Business Conduct accessible to its customers, both in hard copy and on its website.
Access to the Hungarian and English language versions of this document will be provided both
in the customer service office, and on the company website.
EFS may and, in compliance with Section 121 Subsection (1) of the Implementation Decree,
must revise this Code of Business Conduct on an annual basis. The revision of the Code of
Business Conduct will cover changes to the relevant legal and other regulations, changes arising
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from the operating practice of the licensee, and the contractual systems. EFS will make the
necessary amendments to the Code of Business Conduct, and submit them to the Office for
approval.
Amendments will enter into effect on the day specified in the resolution of approval issued by
the Office. EFS will notify its contractual partners of the amendments.
I.2.3 THE STRUCTURE OF THE CODE OF BUSINESS CONDUCT
The Code of Business Conduct
Annexes
1. Description and technical parameters of the storage system operated by EFS
2. Contact information of the customer service office
3. Description of the natural gas storage operative supporting system (description of the
IT Platform)
4. Financial conditions of storage and contract templates
5. General Terms and Conditions of natural gas storage services (hereinafter referred to
as GTC)
5.1 Template Contract on Using and Providing Seasonal Basic Natural Gas
Storage Service
5.2 Template Contract on Using and Providing Seasonal Basic Natural Gas
Storage Service (Bundle)
5.3 Natural Gas Storage Capacity Contract on Non-Interruptible Injection,
Withdrawal and Mobile Capacities within the Year
5.4 Natural Gas Storage Capacity Contract on 100% Available, Flat Curves
Injection Capacity and Withdrawal Capacity
5.5 Natural Gas Storage Capacity Contract on Interruptible Capacity
5.6 Template Contract on Using and Providing Long-Term Seasonal Basic
Natural Gas Storage Service
5.7 Commissioned Sale Contract Template
5.8 Natural Gas Storage Framework Contract on Commercial Virtual Storage
Service
5.9 Long-Term Contract Template on Using and Providing Bundled Natural Gas
Storage Service
5.10 Template Contract on Portfolio Management Service
6. Method of calculation and parameters applied to settlement
7. Contract Security Related Rules
7.1 Bank guarantee template (Letter of Guarantee)
7.2 Statement on offering injected gas
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8. Procedures for breach of contract
9. Storage Facility Capacity Auction Rules
10. Description of the Commercial Virtual Storage Product
Appendices
1. Organisational Chart of EFS
2. Legal Regulations, Standards and Internal Instructions
3. Advocacy groups
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I.3 EFS COMPANY PROFILE
I.3.1 OFFICIAL DATA
Licensee name: E.ON Földgáz Storage Natural Gas Storage
Private Corporation
Registered office: 1051 Budapest, Széchenyi István tér 7-8.
Mailing address: 1399 Budapest, Pf. 645.
Court registration number: Cg. 01-10-045043
Court of registration and legal Budapest Court of Registration
supervision:
Statistical index number: 12543317-6312-114-01
Tax number: 12543317-2-44
Bank account number: 16300000-04008363-90006405
Account-keeping bank: Deutsche Bank ZRt.
1054 Budapest, Hold u. 27.
I.3.2 ORGANISATIONAL STRUCTURE AND FIELDS OF ACTIVITY OF EFS
The fundamental rules of organisation pertaining to the operation of EFS are laid down in the
Rules of Organisation and Operation, the Rules of Signing Authorisations, and the Rules of
Decision-making and Scopes of Authority.
EFS performs its natural gas storage activities in the organisational structure outlined in Annex
1, using its own storage capacities and facilities, within the territory of the Republic of Hungary.
The operational area of EFS covers the underground gas storage facilities listed in Annex No. 2
of the natural gas storage licence issued by the Office:
Hajdúszoboszló UGS
Zsana UGS
Pusztaederics UGS
Kardoskút UGS
EFS provides natural gas storage services for the unified storage facility.
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I.3.3 STAKEHOLDERS
The operations of EFS affect the following stakeholders:
a. Supervisory authorities (Hungarian Energy Office, Hungarian Office for Mining and
Geology, the Mining Authorities, the Ministry of National Development, National
Inspectorate for Environment and Water, etc.)
b. System Users
c. System operator of the natural gas storage facilities
d. Natural gas producer
e. Organisations representing the interests of System Users (Annex 3)
f. Other organisations (police, fire service, disaster recovery, local authorities)
EFS maintains its external relations in the following manner:
a. Customer service office
The customer service office acts as a point of contact for potential customers who require
natural gas storage services and contracted System Users in connection with the storage
operations. In the customer service office, information is provided directly by EFS
experts who work in the relevant areas of EFS.
The operating parameters of the customer service office, and the list of EFS contact
persons are attached to this Code of Business Conduct in Annex No. 2.
b. 24-hour dispatcher service
EFS operated a 24-hour dispatcher service to control storage traffic. The purpose of the
service is to monitor storage traffic, perform nomination and settlement tasks, and
provide information, with special regard to the usage of daily capacities available to the
System Users. Additionally, the service receives and assesses load change requests from
the TSO, and if necessary instructs the storage facilities to take the relevant measures.
During its operation, the dispatcher centre maintains continuous contact with the System
Users, the relevant system operator, and the natural gas producers supplying the storage
facilities.
EFS records the telephone traffic of the dispatcher service, and logs all events.
The contact details of the dispatcher service are listed in Annex No. 2 to this Code of
Business Conduct.
c. Internet website
EFS provides System Users with regularly updated and detailed commercial and
technical information in both Hungarian and English on its website (www.eon-foldgaz-
storage.com). Information is published in compliance with the GPSSO requirements.
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d. IT Platform
The IT Platform supports the cooperation of the System Users and EFS on the level of
operations. The IT Platform is described in Annex No. 3 to this Code of Business
Conduct.
The System Users and EFS maintain contact via the IT Platform in the course of
requesting and using services. If the IT Platform is inoperable, rendering the System User
unable to comply with its contracted nomination and other data provision obligations,
then the System User must notify the dispatcher service of the unavailability of the IT
Platform both in writing and verbally. The dispatcher will notify the other System Users
of the system malfunction. Until the IT Platform is restored, the System Users and EFS
will communicate via telephone, e-mail or fax.
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II ACTIVITIES OF EFS AS NATURAL GAS STORAGE LICENSEE
II.1 NATURAL GAS STORAGE ACTIVITY
EFS performs its activities in compliance with the natural gas storage operational licence No.
237/2009 issued by the Office on 1st July, 2009.
The permit authorises EFS to perform natural gas storage activities and to operate the gas
storage facilities listed therein.
The activities of EFS are regulated by the current governing regulations as listed in Annex 2.
EFS operates, maintains and develops the natural gas storage facilities listed in the permit to the
degree required for the continuous and safe performance of its operations. The expected lifespan
and technical conditions of the natural gas storage facilities are revised biennially, and the
findings are reported to the Office.
II.2 GENERAL SAFETY REGULATIONS
II.2.1 GUARANTEES TO THE SECURITY OF SUPPLY FOR SYSTEM USERS
Prior to issuing the natural gas storage licence to EFS, the Office assessed the availability of
technical, economic and personnel prerequisites stipulated by legal regulations. The Office
issued the natural gas storage operational licence in a resolution on the basis of this assessment,
providing the exclusive right and obligation to operate the storage systems listed in the permit,
and to sell storage facility capacities.
The gas storage operations of EFS, as well as the relevant operating conditions and technical
standards are continuously monitored by the Hungarian Energy Office and the Hungarian Office
for Mining and Geology. EFS continuously develops, maintains and operates its storage
facilities in compliance with customer requirements and as approved by the authorities.
EFS continuously updates its maintenance and operational regulations, and analyses
malfunctions and the technical conditions of the system. The results of these analyses are
evaluated and fed back to the regulated operating procedures.
EFS operates an Integrated Management System certified under standards ISO 9001:2000 (MSZ
EN ISO 9001:2001) and BS OHSAS 18001:2007. The system is certified every 3 years, and
revised biannually by an independent accredited certification company.
As part of the Integrated Management System, EFS employs qualified internal assessors to
perform continuous system checks, covering all internal procedures regulating the natural gas
storage activities. The continuous monitoring of the natural gas storage activities is provided in
this manner.
In order to ensure the continuous secure supply of the System Users, EFS enters a cooperation
agreement with the relevant system operator.
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EFS employs external companies to perform certain tasks related to its natural gas storage
activities, strictly in the framework of a contractual relationship.
EFS regularly evaluates its contractual suppliers. EFS corrects the detected errors and potential
errors, and takes preventive action if required.
In its contractual relationships with System Users, EFS monitors, collects and assesses the
requests and comments of the System Users. The necessary steps are then taken in order to
improve customer satisfaction. EFS continuously measures and evaluates the quality of the
services it provides, and uses the findings to further improve service quality. EFS conducts
annual questionnaire surveys to gauge customer satisfaction. System Users are informed of the
findings of the survey.
II.2.2 REGULATIONS ENSURING NON-DISCRIMINATORY AND TRANSPARENT
STORAGE SERVICE
In the course of the storage services, EFS does not unlawfully discriminate between the
applications and applicants for its services. Additionally, it does not offer any additional
benefits to its affiliated companies or other companies in order to provide them with a business
advantage.
The principle of equal treatment applies both to the purchase and provision of services related to
capacities, and to pricing.
In compliance with Section 121 of the Gas Act and Section 138 of the Implementation Decree,
EFS prepares a compliance programme to govern non-discrimination and equal treatment
procedures. The compliance programme is approved by the Office. EFS strictly adheres to and
continuously reviews the terms of the compliance programme. EFS produces annual reports to
inform the Office of its adherence to the compliance programme.
EFS compiles a Code of Ethics containing the requirements towards its employees that help
employees handle problematic situations that arise during their work in an appropriate and
ethical manner.
II.2.3 DATA PROTECTION GUARANTEES AND SECURITIES
In respect of any data or facts EFS may learn in the course of its cooperation with the System
Users pertaining to the other party or to the operations of the other party, EFS obliges itself to
refrain from disclosing or making available the same to third parties, and from using the same
for other than contractual purposes, without the duly signed written consent of the other party.
During the contractual relationship and afterwards, for the period specified in legal regulations
and the internal regulations of EFS, EFS will keep in its offices all confidential data for a period
of 5 years. EFS stores electronic documents on a server computer. After the expiry of the
retaining period, paper documents are pulped, and electronic documents are deleted.
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Prevention of unauthorised access to the IT equipment used by EFS (including the IT Platform)
and the security of the data pertaining to the storage facilities are provided by protection
integrated into the operating system.
EFS complies with its data provision obligations specified in the Grid Code and the natural gas
storage contract via the IT Platform operated by the TSO, and the company website. The
technical and IT parameters of the IT Platform ensure the delivery and acceptance of all
fundamental data to be provided by EFS to the System Users and to the Hungarian Energy
Office under the Grid Code, in a standardised manner and via a secure platform, under
continuous supervision.
The confidentiality obligation of the parties to the cooperation agreements made with System
Users pertaining to the natural gas storage activities does not apply to the following:
information that is publicly available or that becomes publicly available other than
through the fault of the receiving party; and
information that was verifiably known to the receiving party before the effective
date of the agreement; and
information that was communicated to the receiving party by a third party that was
under no obligation of confidentiality towards the party to which the information
pertains; and
information whose publication or disclosure is required by a legal regulation, a
stock exchange rule or a resolution of an authority, to the extent and audience
specified; and
information to whose disclosure the affected party has consented in writing.
II.2.4 ENVIRONMENTAL ISSUES
In the framework of its Integrated Management System, EFS operates an Environmental
Management System that complies with standard ISO 14001:2004 (MSZ EN ISO 14001:2005)
and is certified by an independent certification organisation.
EFS conducts its storage operations in adherence to Act LIII (1995) on the General Rules of
Environment Protection. In its activities, EFS is committed to the protection of the environment,
human life and health. Therefore:
it produces a preliminary environmental impact study before commencing
operations that affect the environment, and also a detailed study later on;
it performs the required environmental assessments;
keeps its emissions within the relevant air pollution limit values;
manages waste and hazardous waste in compliance with the relevant regulations;
endeavours to protect surface and underground waters;
keeps noise levels and vibration pollution below the relevant limit values.
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All contracted cooperating partners and subcontractors of EFS accept a contractual obligation to
comply with the relevant environmental regulations. Should EFS receive verified information to
the effect that one of its partners failed to comply with its statutory environmental obligations,
EFS will be entitled to request a modification or termination of the contract.
II.3 QUALITY REQUIREMENTS OF THE SERVICES PROVIDED BY EFS
II.3.1 QUALITY PARAMETERS OF THE LICENSED ACTIVITY
The quality parameters of the natural gas storage operations of EFS are defined in terms of the
following:
compliance with statutory and contractual requirements;
quality of service, measurement and feedback to System Users;
accuracy of data and information provided in connection with the natural gas storage
operations.
II.3.2 REQUIREMENTS FOR THE QUALITY OF STORED NATURAL GAS,
PROCEDURE OF VERIFICATION
For the purposes of this Code of Business Conduct, EFS defines the quality parameters of
natural gas as the pressure and quality parameters of natural gas received (injected) into and
dispatched (withdrawn) from the gas storage facilities.
The required pressure values as quality parameters are specified in the cooperation agreement
made between EFS and the relevant system operator. These pressure values (broken down by
delivery points) are used in the natural gas storage contracts made between EFS and the System
Users.
The quality of natural gas handed over at the delivery points for storage or withdrawn from the
gas storage facilities, must comply with standard MSZ 1648:2000. In compliance with the Grid
Code, EFS provides the System Users with verification and settlement data pertaining to the
quality of natural gas.
The relevant system operator makes available to EFS on a daily basis all measurement data in
accordance with the gas quality measurement procedure of the Grid Code and the cooperation
agreement made between EFS and the system operator, to support the settlement procedure.
The daily verified data are included in the monthly delivery and acceptance protocol made
between EFS and the relevant system operator or the natural gas producer.
Where there is no connection to the transmission pipeline during injection or withdrawal, the
quality parameters of the delivered natural gas are measured by the relevant natural gas
producer, as per the relevant cooperation agreement.
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The System User may inspect the quality data of the withdrawn and injected natural gas and the
documents verifying the accuracy of the measurements at any time, after giving notice to this
effect to the relevant EFS contact person.
The detailed procedure of measuring natural gas quality is regulated by the Grid Code.
II.4 TECHNICAL REQUIREMENTS OF THE SERVICES PROVIDED BY EFS
II.4.1 OPERATIONAL CONTROL OF THE STORAGE SYSTEM
Annex No. 1 of this Code of Business Conduct details the main technical parameters of the
storage facilities owned by EFS (except for those that constitute business secrets). EFS performs
the business management, technical and economic control tasks related to the storage facilities
listed.
II.4.2 REQUIREMENTS ARISING FROM THE TECHNICAL CHARACTERISTICS OF
THE STORAGE FACILITIES (LIMIT CONDITIONS OF CAPACITY
MANAGEMENT)
The main technical parameters of the storage facilities are detailed in the addenda of the natural
gas storage operational licence issued by the Office. EFS continuously reviews and updates the
addenda. The review is based on the Technical Operational Plan (TOP), specifying the available
capacities (per storage facility), as well as developments planned for the storage capacities. As
per Section 27 of the Mining Act, TOP is the document EFS shall submit for approval to the
Hungarian Office for Mining and Geology, pursuant to which EFX shall be obliged to perform
its mining (natural gas storage) activity.
Annex No. 1 specifies the technical parameters of the each storage facility. EFS regulates the
unified storage facility in the following manner:
The capacities defined as per the TOP that must be offered for commercial purposes are offered
by EFS as per the Grid Code. The capacities available to the System Users during the storage
year and the information pertaining to capacity booking are continuously available on the EFS
website.
a. Announcing the duration of storage cycles
Injection period lasts from 1st April to 30th September, withdrawal period lasts from 1st
October to 31st March.
b. Rules for starting up storage facilities
After starting up, the storage facilities must be run on no load, for a duration that varies
between storage facilities. The storage activity is commenced gradually, as each storage
facility is started up. As a result, the available maximum and minimum capacities
change gradually, and at different rates.
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As a result of the above, EFS applies strict nomination rules pertaining to the starting of
injection and withdrawal, which are detailed in Section III.2.1 of this Code of Business
Conduct.
c. Rules for shutting down storage facilities during the storage cycle
During the storage year, EFS may shut down any of its storage facilities in response to
changes in demand, resulting in possible capacity limitations. This does not constitute a
failure on the part of EFS to comply with its obligations.
d. The withdrawal and injection capacity of the unified storage facility
System Users can check the current load level of the storage facilities on the EFS
website. This value changes constantly during injection and withdrawal. The
withdrawal and injection capacities of the storage facilities change according to the
current load level.
EFS determines the capacity available to the System Users on a given gas day on the
basis of the injection and withdrawal plans submitted by the System Users for the
unified storage facility. The System Users update the plan on a weekly basis, therefore
available capacities change as a function of the reported demand. Before each gas day,
System Users may check on the EFS IT Platform the minimum and maximum available
capacity from the unified storage facility on the given gas day.
System Users can also use the EFS IT Platform to monitor the maximum capacities that
they may nominate for. The rules of nomination are detailed in Section III.2.1 of this
Code of Business Conduct.
II.4.2.1 Rules for the maintenance of the storage facilities
EFS uses regular maintenance to ensure the availability of the storage system and its
components. These activities guarantee that all components of the storage system complies
with a constant level of availability requirements from commissioning to the end of their
lifespan.
EFS performs part of its maintenance activities through subcontractors. EFS will schedule
large-scale maintenance works between the injection and withdrawal cycles.
EFS will notify the natural gas transmission licensee of the scheduled maintenance periods
as per Section 94 of the Implementation Decree, and the latter will schedule planned
shutdowns on the transmission pipeline accordingly.
The transmission system operator will harmonise the submitted maintenance schedules, and
publish the same on its website by 15 February. At the same time, EFS informs the System
Users of the maintenance schedule affecting its own storage facilities through its website. If
necessary, EFS may deviate from the maintenance schedule, providing 15 days’ notice to the
System Users.
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II.4.2.2 Rules for malfunctions and fault clearance in the storage facilities
In order to ensure the secure supply of the System Users, EFS employs a staff of experts in
three shifts who are capable of clearing malfunctions, and managing capacity limitations and
emergencies.
EFS continuously updates the rules developed on the basis of the Mining Act and the related
regulations, and communicates and makes available the same to the employees who work
with the technological apparatus of the storage facilities. It complies and ensures compliance
with the same rules, and performs the required checks.
EFS operates an eruption prevention service at its storage facilities. A subcontractor that
complies with the requirements laid out in Section 21 Subsection (5) of the Implementation
Decree of the Mining Act is employed in the framework of a contractual relationship to
perform these activities.
EFS has a disaster recovery plan that covers eventualities caused by fire, explosions and
malfunctions that jeopardise human life, valuable property, the environment or the security
of supply.
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III SERVICES PROVIDED BY EFS
III.1 DESCRIPTION OF THE SERVICES
EFS is responsible for providing System Users with access to the storage capacities and the
other services needed for the storage of natural gas.
EFS performs its obligations applying the principle of least cost, in a transparent and non-
discriminatory manner, with utmost emphasis on the security of operations, the protection of the
environment and health and safety considerations.
The System Users may use the services of the EFS in compliance with the Code of Business
Conduct and the relevant legal regulations, exclusively in the framework of and under the terms
specified in a valid and effective contract.
Access to the mobile and peak storage capacities of EFS is offered in a regulated way, while if
exemption is granted pursuant to Section 74, Subsection (2) of the Gas Act, in a negotiated
(non-regulated) way. The resolution granting exemption shall be published on the EFS website.
The fees of services provided by negotiated access and the detailed rules of access shall be
determined by EFS and published on its website to ensure equal treatment.
EFS provides the following types of services:
1. Basic services
2. Optional services
3. Individual (neither basic, nor optional) services
For capacities supplied by EFS via regulated access, the services specified by Section 3.3.1.4 of
the Grid Code may be used by the System Users as basic services. The fee of basic services
provided in relation to capacities with regulated access shall be determined by the applicable
Tariff Decree.
The terms and fees relating to optional services are contained in this Code of Business Conduct.
EFS and the System User will agree on the terms and price of individual services on an
individual basis, following the principle of equal treatment, as per Section 76 Subsection (3) of
the Implementation Decree.
This chapter of the Code of Business Conduct describes these services, and details the general
conditions of using these services, following the above categorisation. Contracting conditions
are detailed in Annex No. 5 to this Code of Business Conduct (General Terms and Conditions
(GTC) for natural gas storage services).
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III.1.1 BASIC SERVICES AND THE RULES OF ACCESS
EFS provides basic services as per the contract templates attached to this Code of Business
Conduct as Annex No. 5 with the following conditions:
III.1.1.1 Non-interruptible seasonal storage service
a) Non-interruptible seasonal service – for a year
EFS provides the seasonal storage service to the System Users for the contracted storage
year(s) via the basic services specified by Section 3.3.1.4.1 of the Grid Code. This includes
the mobile capacity, withdrawal and injection capacities, and injection and withdrawal
services related to the quantity of gas to be stored.
The offering and booking of capacities is performed in compliance with Section 8.8.1 of the
Grid Code.
It is a prerequisite to entering the natural gas storage contract that the System User should
deliver to EFS all data and documents specified in the Grid Code and the Code of Business
Conduct.
EFS will only accept capacity nominations from and enter natural gas storage contracts with
System Users that have a sufficient financial security for the performance of their contractual
obligations. The terms pertaining to financial securities are detailed in Annexes No. 7, 7.2
and 8 to this Code of Business Conduct.
If the capacity requirements of the System Users, reported during the annual capacity
nomination, should exceed the available storage capacities, then in order to ensure non-
discriminatory access, and in compliance with the Grid Code, EFS will organise auctions for
the available capacities. The process of the auction is described in Annex No. 6 to this Code
of Business Conduct.
When submitting a capacity nomination, the System User makes an automatically binding
and duly signed declaration of intent for the purchase of the nominated capacity. The System
User must, by the deadline specified in the binding declaration of intent, conclude a natural
gas storage contract for the part of the nominated quantity that was confirmed by EFS.
Should the System User fail to comply with this obligation, they lose their capacity booking
right, and thus EFS shall be entitled to sell the then unbooked capacity to another System
User. EFS may seek legal remedy for the damage incurred by the delayed sale.
On signing the contract, the System User must submit an injection schedule, and must update
the same on a weekly basis during the injection cycle. EFS will produce the injection
programme on the basis of the submitted injection schedules, and will specify in the same
the extent to which it can satisfy the aggregate demand. This is then published on the EFS IT
Platform. The System Users will update their own injection schedules on a weekly basis –
accounting for any capacity and volume changes –, and EFS will in turn continuously update
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its injection programme accordingly. EFS will be entitled to reject nominations that deviate
from the injection schedule, and to request a new nomination.
The System User must produce a withdrawal schedule as of 15 September, and submit the
same to EFS. The System Users must update the withdrawal schedule on a weekly basis
during the withdrawal cycle. The System User must take into account changes to stocks and
capacities. In order to assist injection capacity nomination, EFS will always specify the
number of days scheduled for injection so that the System User can prepare its injection
schedule accordingly. The price of the service and the payment schedule are specified in the
current version of the Tariff Decree. The terms of payment are detailed in Annex No. 5 to
this Code of Business Conduct.
b) Non-interruptible seasonal service – long-term
This service concerns capacity bookings for a period longer than the gas year, and is
otherwise identical to the service described in Section III.1.1. Annex No. 5.6 specifies the
detailed contractual terms and conditions of non-interruptible long-term seasonal service.
III.1.1.2 Storage capacity transactions on switching traders
EFS will perform capacity transfer transactions necessitated by the switching of traders free
of charge, in compliance with Section 8.3 of the Grid Code.
As a prerequisite of this service, the traders delivering and accepting the capacity must notify
EFS of the capacity transfer. Both Parties must do so via the EFS IT Platform. The
transaction will only be accepted and recorded if both System Users enter the same quantity
on the IT Platform, by 4 pm on the working day prior to the effective date of the transaction.
The IT Platform operated by EFS ensures that the System Users can use the simplified
procedure and documentation specified in Section 51 Subsection (7) of the Implementation
Decree during the amendment of contract resulting from the transaction.
If the delivered and accepted quantities specified by the System Users are not equal, then the
contracts of the System Users remain unchanged.
Otherwise the contracted capacities of the System User transferring the capacity are reduced
by the same amount that is added to the contracted capacities of the System User accepting
the capacity. The summed storage capacities of the System Users involved in the switching
of traders must not decrease as a result of the transaction.
III.1.1.3 Optional offers of withdrawal and injection capacities
In compliance with Section 9.5.3 of the Grid Code, EFS provides the System Users with the
option to make offers during the nomination of natural gas storage capacities.
The offer option allows the System Users to contribute to establishing system balance. The
capacity option offered by the System User will be managed by the TSO.
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III.1.1.4 Completing secondary capacity trading deals
The relevant legal regulations authorise the System Users to sell and buy nominated
capacities among themselves. Nominated capacities may also be sold in part on the
secondary capacity market.
In the course of providing the relevant service, EFS performs the administrative tasks related
to the trading of capacities on the secondary market, as defined in Section 8.8.1.12 of the
Grid Code, namely it enters into its records the changes to the capacity nominations of the
individual System Users.
Capacity fees will remain payable to EFS by the System User that sells the capacity. Traffic
fees may be paid to EFS by the buyer of the capacities, depending on the terms of the
relevant agreement of the System Users (EFS must be notified by 5 days before the
execution of the agreement).
It is a prerequisite of completing this service that the System Users entering a secondary
capacity sale and purchase agreement notify EFS as per Section 8.8.1.12 of the Grid Code of
the making of the contract, and record the same on the EFS IT Platform.
The price of the service and the terms of payment are detailed in Annex No. 5 to this Code of
Business Conduct.
III.1.1.5 Providing technical background for the sale of stored mobile gas, and
registering transactions
In the course of this service, EFS handles the mobile gas transfer transaction made between
System Users, in the manner described below.
In the transaction, one System User sells stored mobile gas to another System User under a
sale and purchase agreement. Both Parties must record this fact on the EFS IT Platform.
Afterwards, both System Users must submit their injection or withdrawal schedules that are
applicable after the transaction. EFS may, on the basis of its own operative programme,
revise these schedules, and initiate negotiations.
The buyer System User informs EFS as to whether it has sufficient storage mobile capacities.
A buyer System User without mobile capacity may only obtain mobile gas if it also
verifiably purchases the required capacity.
On the basis of the report of the System Users, EFS will perform the required amendments of
contract, and update its records system.
EFS may refuse to record the sale and purchase of mobile gas in the following cases:
if the mobile gas of the seller System User would decrease after the transaction to such
an extent that the mobile gas quantity substituting a bank guarantee would no longer be
available. In this case, the seller System User must provide EFS with a bank guarantee.
the System User that purchases the mobile gas does not have a valid natural gas storage
contract with EFS.
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the System User that purchases the mobile gas does not have sufficient mobile
capacities for the storage of the purchased gas.
if the mobile gas transaction would prevent the buyer from reaching its target stock and
complying with the injection schedule.
The price of the service and the terms of payment are detailed in Annex No. 5 of this Code
of Business Conduct.
III.1.1.6 Bundled service
This service means the optional bundling of capacities (withdrawal, injection and mobile
capacities) sold as part of the Basic Services, under long-term contract. Fees and payment
conditions of the services are specified by Annex No. 5 of the Code of Business Conduct.
III.1.2 OPTIONAL SERVICES AND THE RULES OF ACCESS
EFS offers the services detailed below as options.
Contract templates for these services (per service types) are attached to this Code of Business
Conduct in Annex No. 5.
III.1.2.1 Sale of non-interruptible short-term injection, mobile and withdrawal
capacities
With the given product, EFS facilitates it for the System User to book capacity if within the year
non-interruptible capacity is required. The System User can book non-interruptible capacity for
a period shorter than a year pursuant to Section 8.8.1.6 of the Grid Code under the following
terms:
EFS can offer non-interruptible withdrawal, mobile and injection capacities for the System
Users as non-interruptible short-term products for an optional within the year period at an
optional time. Capacities can be announced as bundled and unbundled offers at the website of
EFS and on the IT Platform. EFS shall sell the announced short-term products pursuant to the
prevailing tariff decree.
Within the year non-interruptible capacities are available to the System Users unless all non-
interruptible withdrawal, mobile and injection capacities are sold.
The general terms of announcing non-interruptible capacities during the storage year are
identical with the general terms of announcing non-interruptible capacities for the year.
Therefore System Users booking non-interruptible capacities for the year, meeting the
conditions prescribed by the Grid Code and having submitted the required documents to EFS in
the annual capacity booking period are not required to resubmit the documents.
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Following EFS receives the signed contract and the payable short-term non-interruptible storage
fee, nominations for short-term non-interruptible capacities can be submitted.
III.1.2.2 Providing interruptible seasonal and short-term injection and withdrawal
capacities
In the course of this service, EFS allows the System User to nominate capacities even if it was
not allocated any non- interruptible capacity. The System User may request and nominate
interruptible capacities in compliance with the terms of Sections 8.8.1.8 and 8.8.1.9 of the Grid
Code.
The System User may request both interruptible withdrawal and injection capacities. Mobile
capacities cannot be requested on an interruptible basis.
Interruptible capacities are only available to the System Users if all non-interruptible
withdrawal and injection capacities have been sold. EFS will always offer available annual
interruptible capacities, as agreed upon with the natural gas transmission licensee.
The System Users may request interruptible capacities:
in advance, for a whole storage year;
at any time during the storage year, up to the remaining part of the storage year;
daily.
The terms of requesting interruptible capacities during the storage year are identical with the
terms of requesting non-interruptible capacities. Therefore System Users that also nominate
non-interruptible capacities, and have complied with the requirements specified in the Grid
Code, and submitted the required documents to EFS during the annual capacity nomination
period, will not have to submit the same documents again.
The System Users that apply for interruptible capacities after the start of the storage year must
notify EFS 5 days prior to the proposed day of usage. EFS will then send a contract to the
System User. Nominations for interruptible capacities may be submitted after returning the duly
signed contract and the receipt of the interruptible storage fee by EFS.
The price of the service and the terms of payment are detailed in Annex No. 5 of this Code of
Business Conduct.
III.1.2.3 Commissioned sale of capacities
In the course of this service, EFS agrees to resell a freed up capacity of the System User, for
a fee. EFS does not guarantee a sale. The service can be used for one or more sale occasions.
In the latter case, EFS will enter a framework agreement with the System User. The sale
order may apply to all the capacities provided by EFS.
In the course of performing this service, EFS does not purchase the freed up capacity of the
System User, but rather only agrees to seek out a buyer for the same capacities.
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The System User must request the commissioned sale of capacity service in writing. The
request must specify the type, quantity, price and availability of the capacity offered. After
the receipt of the request for commissioned sale, the relevant System User and EFS will
enter an agreement for the transaction.
If EFS succeeds in completing the transaction, then the deal is handled as a secondary
trading transaction, as described in Section III.1.1.4 above. Until the System Users enter an
agreement with each other concerning the sale and purchase of the capacities, the party that
nominated the capacities may use them in compliance with its current natural gas storage
contract made previously with EFS.
The commission payable for the service and the terms of payment are detailed in Annex No.
5 of this Code of Business Conduct.
III.1.2.4 Commercial virtual storage (Selling EFS+ Product)
This storage product was introduced to assist the System Users in their commercial activity
by providing flexibility at any time during the year in order to optimize resource-
consumption.
Via the commercial virtual storage service, the System User can use the natural gas storage
service in the opposite direction of the storage facility’s actual physical turnover and/or
announced seasonal storage direction, i.e.: can inject in the withdrawal season regardless of
the actual physical turnover of the storage facility, and similarly withdraw in the injection
period regardless of actual physical turnover of the storage facility.
Please note that anyone intending to use the EFS plus service shall make sure that for
transmission purposes all the conditions prescribed for the service are met with regard to the
Natural Gas Transmission system. EFS Zrt shall assume liability exclusively for providing
the storage service, while the transmission service shall be performed by the Natural Gas
Transmission Company (FGSZ Zrt). The detailed description of the commercial virtual
service is contained in Annex No. 10 of this Code of Business Conduct, while the contract
template is attached as Annex No. 5.8.
III.1.2.5 100% Available flat curves injection capacity and withdrawal capacity product
EFS aims at providing 100% available flat curves injection and withdrawal capacities to the
System Users. This way scheduling injection is easier, accessing storage stock is simpler and
withdrawal planning is easier for the System Users. EFS sells 100% available flat curves
injection and withdrawal capacities so that 100% available flat curves injection and withdrawal
capacities will be available for booking beyond the annual capacity booking. The amount of
offered capacities depend on the capacity booking requests submitted until 1st March each year
during the first round of the annual storage capacity booking. EFS will determine separately in
each year the quantity and price of 100% available injection and withdrawal capacities. EFS
shall offer 100% available injection and withdrawal capacities in bundles. The price of the
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bundle includes the capacity fee, but excludes the turnover fees. Capacity bidders may request
an optional number of bundles, but the number of bundles must be an integer. Capacity requests
must be submitted until the deadline determined by EFS. In case of capacity overbooking, EFS
holds an auction. The rules of auction are set forth in Annex No. 9 of the Code of Business
Conduct.
III.1.3. Individually requested – neither basic, nor optional – services
III.1.3.1. Portfolio Management Service
Portfolio Management service facilitates dividing a Buyer stock into portfolio parts and tracking
their development. This service is available for Buyers with Natural gas storage contract and
storage capacity booking for the storage year 2011/12. EFS facilitates it for the Buyer to divide
their booked capacities and stored stock into portfolio parts. Portfolio Management Service does
not affect the daily storage operation, it has no effect upon it whatsoever (nomination,
allocation, capacity), as this is a service beyond daily operation, facilitating the demonstration
of Buyer portfolios for its users. EFS undertakes to send a monthly report on the capacity and
volume data of portfolio parts. The Buyer undertakes to submit to EFS each month the storage
transactions within the portfolio parts (withdrawal, injection, stock transfer, capacity transfer).
The daily volume and stock transfer and capacity balance per portfolio service must equal to the
daily storage volume stock change and capacity balance of the service User.
III.2 OPERATIVE RULES OF USING THE SERVICES
III.2.1 RULES FOR NOMINATING BASIC SERVICES
III.2.1.1 Nominating non-interruptible storage capacities
The conditions of using the non-interruptible storage capacities specified in the natural gas
storage contract are detailed in the Grid Code.
In addition to the terms of Section 9.4 of the Grid Code, EFS defined the following nomination
rules:
Start-up of storage facilities
The unified storage facility can only be started gradually, and if a minimum demand exists.
Therefore the System Users must understand that EFS will only accept requests for starting
injection or withdrawal if the said request is sufficient for starting up the injection or withdrawal
programme.
In order to protect the apparatus of the storage facilities, when starting injection or withdrawal,
the storage activity shall be performed at an even pace on the first five days, and only then may
the volumes be modified. We can accept nominations only in accordance with this rule in the
storage facility start-up period.
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EFS performs the received injection and withdrawal start requests in the order of receipt and in
the manner described above. In all cases, EFS will be entitled to determine at its own discretion
the sequence of starting up the storage facilities, taking into account the physical characteristics
and level of preparedness of the storage facilities.
The starting up of the storage facilities becomes more predictable if the System Users comply
with the daily injection and withdrawal schedules submitted after the execution of the contract.
EFS will publish the first injection or withdrawal request on the notice-board of the IT Platform
so as to inform the other System Users.
Capacity breakdown
At the beginning and at the end of each storage period System Users shall count on using less
non-interruptible injection and withdrawal capacities than the contracted maximum capacity due
to the operational characteristics of storage facilities. System Users must consider this when
preparing or updating (weekly) the daily storage schedule for submission. EFS shall
continuously inform the System Users on its website about the available non-interruptible
capacities in the capacity breakdown period, as well.
In the period affected by capacity breakdown, available non-interruptible capacities shall be
determined in proportion to the contracted capacities of the System Users (including capacities
purchased on the secondary market). These non-interruptible capacities will then be published
by EFS on its IT Platform.
Miscellaneous nomination rules
a. System Users may submit basic and optional nominations that will be deducted
from the non-interruptible capacities
b. System Users that take natural gas from the natural gas production system for
injection through the delivery point of the gas production system (direct injection),
or that wish to deliver gads to the exit point of the natural gas production system,
must nominate these quantities. These delivery points are listed in the contracts
made between EFS and the natural gas producer.
c. During the nomination, EFS applies the “shipper-pair” transaction system used in
the system of the natural gas transmission licensee. In this case, the System User
must also use the “shipper codes” used in the Transmission System. Nominations
are in all cases checked on the IT Platform when the nomination between EFS and
the natural gas transmission licensee is verified as per Section 9.2.8 of the Grid
Code.
Nomination rules applicable in case of deviation from the schedule specified by the
System User:
The System User shall submit its weekly updated, daily injection schedule for the period until
the end of the cycle - 5 working days before the start of the storage cycle. System Users can
update the schedules electronically or on the EFS IT Platform.
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a. According to the storage schedule weekly updated by the System Users, EFS shall
compile its operative plan determining the performance of System User request
(specifying the storage facility to be used).
b. EFS will accept the System User’s nomination provided the System User does not
deviate more than +/- 10% from the weekly updated schedule approved by EFS. If
the total nomination of the System Users exceed the daily available capacity, yet
each nomination is still within the allowed range, EFS shall provide the available
capacity in proportion to the System Users’ nomination.
c. Should the System User deviate more than +/- 10% from the weekly updated
schedule approved by EFS, the nomination may be refused by EFS and a re-
nomination may be required from the System User.
III.2.1.2 Nominating storage capacity transfers in the case of switching traders
From the effective date of the transaction, the System Users may submit nominations according
to the new capacities. Nomination requirements are checked on the IT Platform of EFS on the
basis of the modified values.
III.2.1.3 Nomination rules for options offered for withdrawal and injection capacities
Prior to each gas day, the System Users must record on the EFS IT Platform the quantities
requested for the given gas day, by specifying the following:
the quantity of non-interruptible capacity;
the optional quantity (after the offer is made, the optional quantity will be at the
disposal of the natural gas transmission licensee.);
the quantity of interruptible capacity.
The IT Platform checks the received data against the following criteria:
The sum of the non-interruptible and optional quantities specified by the System User
must not exceed the non-interruptible capacity available to the System User.
The interruptible quantity specified by the System User must not exceed the contracted
interruptible capacity.
The IT Platform will only accept nominations that satisfy the above criteria.
EFS will only accept nominations for interruptible capacities if the System User has nominated
all of the available non-interruptible capacities.
III.2.1.4 Conducting and nominating secondary capacity trading transactions
Nominations for the transferred capacity are made by either the seller or the buyer of the
capacity, in accordance with the agreement made between the parties. If the contract stipulates
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that the buyer of the capacity shall make the nomination, then it may do so from the effective
date of the transaction. The System User that accepts the capacity may submit nominations for
the capacities obtained on the secondary market along with previously booked capacities.
Nomination requirements are checked on the EFS IT Platform on the basis of the modified
values.
III.2.2 OPERATIVE RULES OF OPTIONAL SERVICES
III.2.2.1 Rules for nominating non-interruptible storage capacity
Non-interruptible capacity is nominated as per Section 9.4.1 of the Grid Code.
III.2.2.2 Rules for nominating interruptible storage capacity
Interruptible capacity is nominated as per Section 9.4.4 of the Grid Code.
III.3 DELIVERY AND ACCEPTANCE OF STORED NATURAL GAS IN THE COURSE OF
THE NATURAL GAS STORAGE SERVICE
III.3.1 DELIVERY POINTS
In the course of capacity booking and nomination, EFS manages its storage facilities in a
unified manner, as per Section I.3.2 of the Code of Business Conduct.
III.3.1.1 Entry and exit points of the transmission system (zero points) for the purposes
of natural gas storage
The injection of natural gas from the transmission pipeline and the withdrawal of natural gas
into the transmission pipeline are performed at the delivery points. The quality and quantity of
gas is measured at all transmission pipeline zero points, using the measurement appliances
operated by the transmission system operator.
The natural gas withdrawn from storage facilities is delivered to the System Users at the
delivery points. The System User then has the transmission system operator deliver natural gas
from the delivery points under a relevant contract agreement.
Due to the technological characteristics of the Kardoskút UGS, the withdrawn gas and gas
produced in Hungary may be delivered simultaneously to the storage zero point during the
withdrawal period. Both the transmission system operator and EFS manage the impact of this
fact on allocation and traffic settlement in their respective systems.
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III.3.1.2 Delivery points for gas produced in Hungary
In the case of the Kardoskút UGS, it is possible to feed natural gas directly from the Hungarian
producers through the R&D system into the natural gas storage system. The quantity and quality
of natural gas are measured at this delivery point by R&D, in compliance with the cooperation
agreement made between EFS and R&D.
III.3.2 MEASUREMENT OF THE DELIVERED NATURAL GAS
EFS takes natural gas at the transmission pipeline zero points of the storage facilities from the
transmission system operator acting on behalf of the System User, and hands over the natural
gas owned by the System User to the transmission system operator at the zero points.
In the case of produced gas that are arriving to the storage facility not from the direction of the
transmission pipeline zero point, quantity and quality measurements are also performed at the
delivery points of the natural gas production system.
Measurement data collected at the delivery points are delivered to EFS on a daily basis by the
natural gas producer and the transmission system operator, in the manner specified in the Grid
Code and in an electronic format, along with the 24-hour aggregate quantity figures.
III.4 SETTLEMENT, PRICES AND TERMS OF PAYMENT OF THE SERVICES
PROVIDED BY EFS
The verification of the performance of the natural gas storage contract and the related monthly
settlement are based on the protocol signed jointly by the contracting parties. The protocol are
contains the gas balance data compiled using the certified measurement figures received on a
daily basis. The other regulations concerning the settlement, along with the prices of the
services, the pricing method and the terms of payment are detailed in Annex No. 5 of this Code
of Business Conduct.
III.5 HANDLING COMPLAINTS PERTAINING TO THE GAS STORAGE SERVICES
In order that the complaints and notices submitted by the System User in connection with the
operations of EFS are investigated promptly and following a standardised procedure, and so that
the causes of these complaints can be eliminated, EFS strictly regulates the procedure for
handling complaints within the Integrated Management System.
According to this procedure, all complaints and notices received from the System Users are
investigated and recorded by EFS. Records will be stored for 3 years after closing the
complaint. Considering the time demand of investigating complaints, EFS will, in all cases,
notify the System Users within 5 working days of the time required for the investigation and
elimination of the reported problem.
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After the investigation of a complaint, EFS notifies the System User of the results of the
investigation and the measures taken. If the complaint is found to be unfounded, the rejection
will be accompanied by a detailed and clear explanation.
III.6 SERVICE-RELATED MISCELLANEOUS TERMS OF THE CODE OF BUSINESS
CONDUCT
Following the receipt and confirmation of requests for natural gas storage services from the
System Users (or in the case of capacity overbooking, following the confirmation of quantities
won at the auction), EFS enters the natural gas storage contracts. The contractual relationship of
EFS and the System User, the prerequisites of calling capacities (nominations), as well as the
terms of allocation, settlement and payment, are detailed in Annex No. 5 of this Code of
Business Conduct and in the contract templates included therein.
The terms of the GTC and the contract templates regulate the contractual relationship in a
complementary fashion, and are binding to the contracting parties. The definitions given in the
Code of Business Conduct are automatically applicable to the GTC as well.
……………………………………. ………………………………….
Zoltán Jászberényi Dr. Axel Wietfeld
Chairman of the Board Member of the Board
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Code of Business Conduct Annex No. 1
Description and technical data of the
storage system operated by EFS
DESCRIPTION AND TECHNICAL DATA OF THE STORAGE SYSTEM
OPERATED BY EFS
The operational area of EFS covers the underground gas storage facilities listed in Annex No. 2 of the
Natural Gas Storage Operational Licence. EFS construes its storage services as applicable to the unified
storage facility pursuant to Section I.3.2 of the Code of Business Conduct.
This present annex contains the technical characteristics of the four storage facilities comprising the unified
storage facility for information purposes.
Major technical data of the storage facilities
The nominal (maximum) mobile, injection and withdrawal capacity related data – both
in relation to each storage facility and the unified storage facility – can be found in the
appendix to the Natural Gas Storage Operational Licence and on the website of EFS.
The maximum load change data, basic level service day numbers and the maximum
load change speeds in the injection period can be found in the following table and on the
website of EFS:
Basic Time +/- load
level required for change speed
Underground gas
service raising basic (thou. m3/h/h)
storage facilities
(day) level to
maximum (h)
Hajdúszoboszló UGS 5 7.6 30
Zsana UGS 2 11 60
Pusztaederics UGS 5 7 10
Kardoskút UGS 2 4.6 10
Total
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Description and technical data of the
storage system operated by EFS
The maximum load change data, basic level service day numbers and maximum load
change speeds in the withdrawal period can be found in the following table and on the
website of EFS:
Basic level Time +/- load change
service required for speed (thou.
Underground gas
(day) raising basic m3/h/h)
storage facilities
level to
maximum (h)
5 7.4; 45; 36*
Hajdúszoboszló UGS
Zsana UGS 1 8.1+4 130
Pusztaederics UGS 5 7 7
Kardoskút UGS 5 7.9 10
Total
* = the permitted speed of load change for Hajdúszoboszló UGS is
only 25 thou.m3/h/h within the load range exceeding 13 Mm3/d
The capacity data and the permitted load change data of the certain storage facilities are
subject to constant change in function of the saturation level of the given storage facility.
System Users can view this on the website of EFS.
Unified data of the underground gas storage facilities
Main data generally describing the underground gas storage facilities:
Mobile Injection Withdrawal Well system Installed
capacity capacity capacity [pcs] compressor
[Million m3] [Million [Million capacity
m3/d] m3/d] [MW]
Pusztaederics 340 2.5 2.9 33 9.2
Kardoskút 280 2.2 2.9 35 5.7
Hajdúszoboszló 1440 11.3 21.2 142 30.8
Zsana 2170 17.0 28.0 65 49.4
Total 4230 33.0 55 275 95.1
Pusztaederics Underground Gas Storage Facility
The Pusztaederics storage facility is the oldest gas storage site, and also the only underground gas storage
facility in Transdanubia. It operates in two geological formations (Lower and Upper Nova) with its 24
injection and production wells.
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Description and technical data of the
storage system operated by EFS
Kardoskút Underground Gas Storage Facility
The Kardoskút underground storage facility was also established in a depleted free gas field, in the A-1,-2
and B-2-6 reservoirs of the Pusztaszőlős field, at a depth of 1080-1250 m. It is a special storage feature
(similarly to Pusztaederics) that the reservoir pressure is relatively high (120-130 bar), therefore
compressor-use is not required during withdrawal.
Hajdúszoboszló Underground Gas Storage Facility
The Hajdúszoboszló underground storage facility operates in the Szoboszló-III level of the field, the
primary production of which was terminated as early as in 1976 (in order to save the required amount of
cushion gas). The storage layer is sandstone, at an average depth of 960-980m. Relating to the original
initial reservoir pressure, none of the storage facility parts exceed 100 bars.
Zsana Underground Gas Storage Facility
The Zsana underground storage facility is the youngest and most modern facility with the largest capacity
and highest load flexibility. The latter feature results from the fact that unlike other E.ON storage sites
(which perform their storage activity in sandstone layers), the storage layer of the Zsana-North natural gas
field is a Miocene limestone formation, which facilitates relatively higher well capacities. The average
storage layer depth is 1880-1920m.
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Code of Business Conduct Annex No. 2
Contact Data of Customer Service Centre
EFS CUSTOMER SERVICE CENTRE CONTACT DATA
The EFS Sales and Marketing Organisation provides the customer care centre services of EFS in conformity
with the following regulation.
EFS CUSTOMER CARE CENTRE REGISTERED OFFICE
Budapest (District V.)
Széchenyi István tér 7-8.
MAILING ADDRESS:
E.ON Földgáz Storage Zrt.
Customer Service Centre
1051 Budapest
Széchenyi István tér 7-8.
TELEPHONE/FACSIMILE/E-MAIL
Telephone: 1/354-7029
Facsimile: 1/354-7045
E-mail: storage@eon-foldgaz.com
EFS CUSTOMER CARE CENTRE OPENING HOURS
Weekdays 9:00 – 12:00
14:00 – 15:30
The System Users can turn to Dispatcher service colleagues on duty all 24 hours a day in issues concerning
daily operative matters.
DISPATCHER SERVICE ACCESSIBILITY
Telephone: 52/362-574, 20/411-3368
Facsimile: 52/558-048
e-mail: efs.dispatcher@eon-foldgaz.com
In the event the contact data or opening hours of the Customer Service Centre changes, EFS publishes the
changed data on its website.
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Code of Business Conduct Annex No. 3.
Description of the system supporting the
operative functioning of natural gas
storage activity
DESCRIPTION OF THE SYSTEM SUPPORTING THE OPERATIVE
FUNCTIONING OF THE NATURAL GAS STORAGE ACTIVITY
EFS has introduced an IT system for the support of the natural gas storage activity to facilitate the operative
functioning of the following fields concerning the system users.
General description
The Informational Platform of EFS is an interactive system ensuring the performance of the implemented
administrative and trading activities in real time. It helps users in entering the proper data in the course of
executing the certain functions in conformity with the integrated control mechanisms. The core objective of
the system is to replace the currently existing nomination method, to facilitate booking, selling and buying
capacity, trading mobile gas and auctioning in an electronic manner. Instead of the former solution based
on sending in Excel files it provides an integrated solution which supports the daily course of business by
means of authenticated and stamped transactions. While performing their former work with the system, the
system users may have access to a tool on which the data of the former transactions can be queried any time.
The content of the auditable system database can be considered governing since the introduction of the
system. The transactions are performed immediately, in real time, and the consequences and results thereof
are forthwith accessible on the system. Users can always view and poll the information they require.
The Informational Platform of EFS is a WEB based application facilitating the connection to the system
through an Internet Explorer or Mozilla Firefox browser program. The system users can connect to the
application through a Http secure data link. No other program has to be installed on the client side to access
the system. The functions of the application appear on a WEB interface, where navigation is by means of
menu items.
EFS sets a user with the so-called ‘admin’ rights for each contracted system user. Logging on the system is
by means of a user name and password, no chip card or any other infrastructure should be procured. The
‘admin’ of each client is entitled to add further users within his or her organisation, to assign a user ID and
the first password for logging on and authorisation.
The system is capable of managing messages, which can also be received by the users outside the system, in
the form of an e-mail or a text message sent on their mobile phone, after making the required message
settings in the application. The system ensures the use of the functions in Hungarian and English for all the
users.
The application has several interfaces by means of which an immediate data link can be provided for other
systems. One of these is the interface developed with the Natural gas transmission licensee, the result of
which is that we can constantly provide the information in relation to the available capacity of the storage
facilities in conformity with the actual situation on the basis of the measured data, maintenance information
and other data.
The servers are available in 7x24 hours, they are located together with all the other servers operated by
E.ON in the server farm in Pecs. Saving is performed every day, so both the data and the system are
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Description of the system supporting the
operative functioning of natural gas
storage activity
accessible through the backup site in the event of the breakdown of the server farm. The network
connections of the system farm and the backup site are provided by different service providers. A security
group provides for the supervision and protection for the applications and databases in 7x24 hours, also
supervising the firewalls and other settings. The operability of the new functions and error correction is
checked by means of two test systems prior to installation.
Major functions:
1. Natural gas storage capacity announcement and booking
EFS offers the available capacities in relation to the given storage year on its homepage and Informational
Platform. This is available for each system user. In the event a new party requires capacity EFS ensures
access to the Informational Platform. In the course of booking the annual capacity the system users are
entitled to determine their annual capacity demand within the time frame available in conformity with the
provisions of the OCR. In addition to this, the documents stipulated as the precondition for capacity booking
can also be uploaded to the Informational Platform in an electronic manner.
In the event the demanded capacities fail to amount to the extent of the offered capacity, the demanded
capacities can be considered as booked in conformity with the so-called click and store expectations.
In the event of overbooking it is also the Informational Platform that provides for the conditions of the
electronic auction. This facilitates managing as many rounds within the day as necessary.
2. Secondary Trade
In conformity with the legislative provisions the system users are entitled to trade the capacities they have
booked among one another. The system users are entitled to offer their surplus capacities on the Notice
board of the Informational Platform for the other system users - pursuant to the provisions of the Business
conduct rules. The fact of giving-over / taking-over capacity can be administrated under the ‘capacity
handing over’ menu item with the trade colleagues of EFS – as specified in the contract – in an electronic
manner.
3. Mobile gas trading
The system users are entitled to trade the mobile gas in the storage facility through the platform - in
conformity with the terms and conditions stipulated in the Business conduct rules.
4. Concluding a natural gas storage contract
The data of all the concluded contracts can be stored electronically. Each system user can view the data in
relation to his or her current contract/contracts under the Contracts menu item.
5. Nomination
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Description of the system supporting the
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The nominations can be submitted on a Web interface for one or several gas days, moreover, the system
also facilitates uploading from a fixed format Excel file.
6. Balance
The application automatically records and stores the most recent data required for the balance of the certain
system users’ mobile gas stock. These are the different stock movements, natural gas quality measurement
data, etc. As a result of this, each system user can view his or her balance in relation to the current natural
gas storage services in the system.
7. Planning
So that the contracted quantities can be served in the injection cycle in the planned manner the system users
will be able to make their plan in relation to the cycle. In the injection cycle, taking into consideration the
customers’ own injection plans as well as the injection plan determined by EFS for unified storage facility
the system ensures scheduled and timely access to the mobile gas target stock of system users.
8. Matching
After closing the nomination window EFS forwards the received, controlled and approved of nominations to
the Natural gas transmission licensee for data coordination - pursuant to the provisions of the OCR.
9. Gas quality
Pursuant to the provisions of the OCR and the Business conduct rules the system stores the data of the
natural gas quality measurement performed by the system operators, the quality related information as well
as the quality certificate and provides access to this for the system users on a daily level.
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Code of Business Conduct Annex No. 4:
Financial terms and conditions for storage
and document templates of the agreement
FINANCIAL CONDITION FOR STORAGE AND DOCUMENT TEMPLATES OF
THE AGREEMENT
For capacity requests EFS asks the System User to present
- a financial guarantee according to Section 131 of the Implementation Decree and
- a document verifying the financial conditions specified by EFS.
Annex No. 7 includes the terms and conditions to ensure documents verifying financial conditions and a
document template.
Section VI.2 of Annex No. 5 (ÁSZF) of the Code of Business Conduct includes payment terms for storage
fees and surcharges.
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General Contractual Terms and Conditions of Using Natural Gas
Storage Services (ÁSZF)
2011.11.25.
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Code of Business Conduct Annex No. 5: ÁSZF
DEFINITIONS
In addition to definitions described in the legal provisions being in effect, Section I.1.1 of the
Business Conduct Rules describes the definitions and the interpretation thereof used in the General
Contractual Terms and Conditions (hereinafter referred to as ÁSZF) and all contracts (hereinafter
referred to as Contract) concluded according to of ÁSZF.
I GENERAL PROVISIONS FOR THE CONTRACTUAL TERMS AND CONDITIONS
I.1 GENERAL CONTRACTUAL TERMS AND CONDITIONS
The general contractual terms and conditions specified in this Annex of the Business Conduct Rules
regulate the basic principles of the legal relationships between EFS and the system Users therefore
any contractual relationship concluded between the parties shall be governed by them. The general
contractual terms and conditions and the specific Contracts signed by the parties constitute a uniform
contract and are to be managed together at all times. The general contractual terms and conditions
are required content elements of each Contract. If there is a discrepancy between the general
contractual terms and conditions and any other condition of the Contract, the latter shall prevail
[Section 205/C of the Civil Code].
If EFS agrees with any System User on providing a service other than that described in ÁSZF or
offers conditions that are more beneficial than those described in the contract templates of the
relating annex to the Business Conduct Rules, then EFS shall offer the same option to all other
System Users.
The application of the general contractual terms and conditions specified in this document shall be
governed by the relevant provisions of the Civil Code.
I.1.1 MODIFICATION OF ÁSZF
ÁSZF may be amended according to the rules for modification of the Business Conduct Rules.
EFS shall submit any modifications of ÁSZF as an Annex of the Business Conduct Rules to the
Office for approval.
I.2 ENTERING INTO A CONTRACT, CAPACITY BOOKING AND REQUESTING
SERVICES
The System User may utilise services provided by EFS only if a Contract has been concluded, in line
with the provisions of the relevant laws and regulations.
Simultaneously with concluding the Contract, EFS authorizes the System User to gain access to its
IT Platform, and this authorization enables the Parties to accomplish administrative and trading
activities according to the Contract. The IT Platform User’s Manual available on EFS’s website
stipulates the rules for gaining access to the system.
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The System User may book capacities published on EFS’s website (www.eon-foldgaz-storage.com)
or IT Platform for the combined storage capacities determined according to Section I.3.2 of the
Business Conduct Rules.
The Parties conclude a Contract for capacity quantities defined as normal volume [at 101.325 Pa
pressure and 15ºC temperature] [m3/storage year, m3/day,]. The registration of the quantity of the
natural gas delivered and received from the storage site and the settlement between the Parties will
be based on heat quantity [MJ] and volume [m3]. Pursuant to Decree No. 31/2009 (VI.25.) KHEM
(hereinafter referred to as Tariff Decree), settlement between the Parties shall be based solely on heat
quantity [MJ]
When concluding the Contract on utilizing storage service, the System User shall submit its storage
schedule and update it during the storage cycle on a weekly basis.
II RULES FOR USING SEASONAL BASIC SERVICES WITH REGARD TO NATURAL GAS
STORAGE CAPACITIES SUPPLIED BY EFS VIA REGULATED ACCESS
Section III.2.1 of the Business Conduct Rules stipulates nomination rules. In addition to the
provisions described therein, EFS specifies the following rules:
The System User acknowledges that any injection or withdrawal may only be performed to the
user if the injection or withdrawal demands received reaches or exceeds the minimum quantity
that can be injected or withdrawn at the unified storage facility. If the injection or withdrawal
capacity of available on the EFS IT Platform is zero, the System User shall be obliged to
inform the EFS Dispatching Service in writing (via fax or e-mail) about the injection or
withdrawal demand until 21:00 hours of the day preceding the gas day. On its website EFS
will publish the demands for starting injection or withdrawal. If – in this situation -EFS is
unable to comply with System User’s withdrawal and injection nomination, EFS will not be
responsible for any relevant losses or cannot be obliged to reimburse the fee.
The System User understands that as the pressure of the storage facility increases in the
injection period, the maximum possible injection capacity decreases as part of normal
operation. The injection curve shall be published on the EFS website.
The System User understands that as the pressure of the storage facility decreases in the
withdrawal period, the maximum possible withdrawal capacity decreases as part of normal
operation. The withdrawal curve shall be published on the EFS website.
If EFS is unable to receive the System User’s withdrawal nomination in part or in full - with
the exception of the cases specified by previous paragraphs -, EFS shall refund a time and
capacity proportional part of the fee paid by the System User for booking peak capacity. The
amount of the fee to be paid back is one 360th part of the fee paid by the System User for
booking the withdrawal capacity involved in non-fulfilment for each day when EFS fails to
receive nomination. In addition to the obligation to refund the fee, EFS is not obliged to pay
any additional compensation.
If EFS fails to perform the System User’s confirmed withdrawal nomination, EFS shall refund
the withdrawal capacity related, time and decreased capacity proportional part of capacity fee
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paid by the System User. The amount of the fee to be paid back is one 365th part of the fee
paid by the System User for booking the withdrawal capacity involved in non-fulfilment for
each day when EFS fails to perform nomination. In addition to the obligation to refund the fee,
EFS is not obliged to pay any additional compensation.
If EFS is unable to receive the System User’s injection nomination, EFS shall refund a time
and capacity proportional part of the fee paid by the System User for injection capacity
involved in non-fulfilment. The amount of the fee to be paid back is one 365th part of the fee
paid by the System User for injection capacity involved in non-fulfilment for each day when
EFS fails to receive nomination. In addition to the obligation to refund the fee, EFS is not
obliged to pay any additional compensation.
If EFS fails to perform the System User’s confirmed injection nomination, EFS shall refund a
time and capacity proportional part of the fee paid by the System User for injection capacity
involved in non-fulfilment. The amount of the fee to be paid back is one 365th part of the fee
paid by the System User injection capacity involved in non-fulfilment for each day when EFS
fails to perform the nomination. In addition to the obligation to refund the fee, EFS is not
obliged to pay any additional compensation.
III DELIVERY OF NATURAL GAS
III.1 DELIVERY POINTS
When booking and nominating capacities, EFS will manage the storage sites in a unified manner as
described in Section I.3.2 of the Business Conduct Rules.
III.2 PRESSURE OF THE NATURAL GAS BEING DELIVERED AND RECEIVED
The cooperation agreement between EFS and the Natural Gas Transmission licensee specifies the
incoming pressures which facilitate the implementation of the injection program and are appropriate
for EFS, along with the delivery pressures which are expected by the Natural Gas Transmission
licensee and facilitate the transmission of the withdrawn gas.
The natural gas is regarded as suitable for storage if it reaches the required entry and exit pressures at
the delivery points specified by the Contract.
In the contract concluded with the Natural Gas Transmission licensee the System User shall specify
the pressure levels required at the delivery points of the storage site.
EFS will only perform System User’s nomination if the pressure of the incoming natural gas
complies with the level specified in the Contract. If, due to any reason, the Natural Gas Transmission
licensee is unable to transport natural gas to the storage sites at the required pressure level, and that is
the reason why System User’s nomination cannot be fulfilled, EFS will not be responsible for any
losses suffered by the System User.
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III.3 QUALITY OF THE DELIVERED-RECEIVED NATURAL GAS
EFS undertakes to store gas provided that its quality parameters meet the requirements specified in
standard MSZ 1648:2000.
If the quality of the gas withdrawn and prepared fails to meet the requirements specified in standard
MSZ 1648:2000 and, as a consequence, the Natural Gas Transmission licensee refuses to receive the
gas, EFS will be responsible for the consequences of the refusal.
The delivering party (the Natural Gas Transmission licensee acting on behalf of the System User for
injection, EFS for withdrawal) shall measure the gas quality, or have it measured, at the delivery
points by using methods specified in various standards applied in the industry and shall register and
document the gas quality in accordance with the provisions of the Grid Code.
IV ACCOUNTING NATURAL GAS STORAGE SERVICES
IV.1 MEASUREMENT OF NATURAL GAS DELIVERED AND RECEIVED
When injecting natural gas the volume of the natural gas received at the delivery point and the
volume of the delivered gas in case of withdrawal will be measured by the Natural Gas Transmission
licensee and the natural gas producer with the calibrated measuring equipment operated by them, in
accordance with the cooperation agreement concluded with EFS. The withdrawal and injection
turnover fees will be accounted on the basis of these quantity measurements.
The Natural Gas Transmission licensee shall enter daily zero point turnover data considered to be
final settlement data in a protocol for EFS after performing an on-the-spot reading once a month.
In the measuring systems the conversion of the gas volume to normal state (15C° temperature and
101325 Pa pressure) will be performed by calculating equipment.
IV.2 ALLOCATION RULES
Allocation takes place according to the rules specified by Chapter 14 of the Grid Code and the
following supplements shall be considered.
During the allocation process, System Users will get the quantities nominated for the gas day.
EFS assumes liability only for nominations submitted on the EFS IT Platform.
IV.3 SETTLEMENT OF THE NATURAL GAS DELIVERED
Annex No. 6 of the Business Conduct Rules includes a detailed regulation for settlements.
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IV.4 PROCEDURE FOR CALCULATING THE CUSHION GAS MIXED INTO MOBILE GAS
Due to the special characteristics of the Zsana UGS, it is inevitable in the natural gas storage activity
performed by EFS to produce cushion gas with the withdrawn mobile gas in the withdrawal cycle.
Due to this inevitable production, the quantity of cushion gas required for the safe operation of
storage facilities decreases. Therefore EFS must recover the extracted cushion gas. Recovering this
amount is continuously carried out by EFS from the mobile gas stored in the facility by purchasing
mobile gas from a System User. This System User is selected via tender, in a transparent way
pursuant to the specifications of Section 81 of the Implementation Decree.
The quantity of the cushion gas inevitably produced can be calculated according to the following:
At the end of injection, the average calorific value of the mobile stock is recorded.
Based on past production data, the post-preparation average calorific value of the original gas
(cushion gas) of the storage facility is available (net treated cushion gas).
The calorific value of the mixed gas delivered into the transmission pipeline is continuously
registered during withdrawal. (Registration is performed by the chromatographs measuring the
quantity at the transmission pipeline zero point.)
By using the equation system developed for the heat quantity and volume of the mixed gas, the
quantity of the components can be calculated (mobile gas and net treated cushion gas).
Steam capacity is calculated from the measured quantity of the gas condensate separated only
from the cushion gas during the preparation process – by using the steam capacity conversion
factor determined upon laboratory measurement.
The net treated cushion gas and the condensate’s steam capacity add up to the cushion gas
quantity produced on the well head.
The recovery of the extracted cushion gas is settled monthly between the natural gas storage
company and the System User.
IV.5 OTHER SETTLEMENTS RELATED TO NATURAL GAS
If the technical calculations of production and storage indicate that the available cushion gas quantity
exceeds the technologically required amount, and if its extraction does not endanger storage
operation – including the available storage capacities -, EFS re-qualifies the difference or part of the
difference as mobile gas and then sells it in commercial trade in its own way – while simultaneously
informing the Office thereof.
Should EFS decide to liquidate a natural gas storage facility for economic or technical reasons, then
after withdrawing the mobile gas and meeting the mining annuity payment obligations, EFS sells the
free gas used for cushion gas purposes in commercial trade in its own way – while simultaneously
informing the Office thereof.
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V FEES AND PAYMENT TERMS FOR SEASONAL BASIC SERVICES RELATED TO
NATURAL GAS STORAGE CAPACITIES SUPPLIED BY EFS VIA REGULATED ACCES
The applicable Tariff Decree on determining natural gas system usage fees specifies storage tariffs,
annual capacity fees, volume fees, surcharges and the frequency of fee payments.
The modifications of the fees specified in the Tariff Decree will become a part of the Contract
simultaneously with their coming into force; therefore the Parties shall apply the modifications as of
the Decree’s effective date.
EFS shall invoice each fee rounded to the nearest whole Forint to the System Operator. The fees and
surcharges determined according to this Chapter are net amounts, and EFS will charge VAT in the
invoices in accordance with the applicable regulations.
The Parties agree in a fixed term settlement pursuant to Section 58 of the VAT Act, thus fees shall be
invoiced monthly.
EFS shall issue invoices on the basis of the monthly protocols signed by the System User and EFS,
the performance certificate and the relating contractual agreement.
V.1 FEES
1. Storage capacity fee
It is an annual capacity fee to be paid by the System User pursuant to the prevailing Tariff Decree in
advance in each month based on the booked capacity of the storage site, the mobile capacity, the
booked injection and the booked withdrawal capacity. As for mobile capacities, injection capacities
and withdrawal capacities booked during the storage year, the System User shall pay the full annual
capacity fee for the remaining period of the storage year in equal monthly instalments.
2. Interruptible capacity fee
The fee of interruptible seasonal withdrawal and injection capacities equals to the withdrawal and
injection proportionate part of the capacity fee specified for non-interruptible capacities. EFS shall
refund a time and capacity proportional part of the booking fee to the System User for the days when
EFS interrupts the interruptible service.
3. Interruptible capacity requested on a daily basis
The System User shall pay the fee of the daily interruptible capacity for the day of demand
announcement. The capacity fee is calculated on the basis of the highest requested withdrawal
capacity with a multiplier of 1.25.
If during the month concerned System User’s capacity booking is modified (due to capacity sales,
secondary capacity trading, etc.) then the invoice submitted and paid beforehand will be
supplemented with a document to be treated as an invoice or with an invoice if the fee has been
increased.
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4. Withdrawal fee
It means the turnover fee to be paid by the System User for the heat quantity of the withdrawn
natural gas.
Te withdrawal fees to be paid by the System User every month shall be determined as the product of
the monthly heat quantity withdrawn for the System User and the withdrawal fee specified by the
Tariff Decree.
5. Injection fee
It means the turnover fee to be paid by the System User for the heat quantity of the injected natural
gas.
The fees to be paid by the System User for injection shall be determined as the product of the heat
quantity injected for the System User monthly and the injection fee as per the Tariff Decree.
6. Fee of commissioned capacity sale
As a compensation for the service, the System User shall pay to EFS 0.5% of the income gained
from selling capacities in cooperation with EFS.
7. Fee of bundled services
The fees of bundled services are contained in Annex No. 5.2 of the Code of Business Conduct.
V.2 TERMS OF PAYMENT
EFS is entitled to submit an invoice after fulfilling its obligations specified in this contract.
A document evidencing fulfilment (protocol, performance certificate or contract annex) shall
constitute an attachment of the invoice.
If the invoice fails to comply with the provisions of the Contract or any preconditions for payment
specified in the Contract are not met, the System User will request EFS in writing to provide
corrections. In this case the payment term specified in the Contract starts on the day of completion.
1. Payment terms for storage capacity fee
EFS will issue an invoice once a month on the capacity fees and on the instalment of the annual
capacity fee for the given month not later than the 5th working day of the month preceding the
subject month. The due date of any invoice is the first day of utilizing the services in the given
month. If the due date falls on a holiday or a Sunday, the next working day after the holiday or
Sunday is the due date. The System User shall remit the invoiced amount into EFS’s bank account so
that it is credited before the due date has expired.
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If during the month concerned System User’s capacity booking is modified (due to capacity sales,
secondary capacity trading, etc.) then the invoice submitted and paid beforehand will be
supplemented with a document to be treated as an invoice or with an invoice to be issued by EFS not
later than the 5th working day of the month after the subject month. In this case the tenth working day
is the due date.
2. Payment terms for injection and withdrawal fees to be paid to the storage site
EFS will issue the invoice on injection and withdrawal fees once a month to the System User on the
basis of data included in the protocols signed by EFS and the System User. The protocol shall always
include, in addition to injection and withdrawal fees, a given part of the withdrawn and injected
quantities cumulated for the given month, which are calculated in the balance sheet for the unified
storage facility on a daily basis and allocated to the System User in heat quantity [MJ].
The thirtieth calendar day after invoice issue date is the due date. If the due date falls on a holiday or
a Sunday, the next working day after the holiday or Sunday is the due date.
EFS will issue and send the invoice to the System User on the fifth day after the subject day at the
latest, enclosing the monthly preliminary protocol and the following data:
daily natural gas volume delivered or received in monthly total [MJ],
calculation of any possible surcharge and the documents constituting the basis for that
calculation,
monthly closing stock in heat quantity [MJ].
3. Payment terms for the fee of commissioned capacity sale
This fee is due to EFS provided that its commission has been fulfilled. To pay the fee of selling on
commission, EFS will issue an invoice to the System User. The invoice must include the capacities
sold (types and quantities). The due date of the invoice is the thirtieth calendar day after invoice
issue date. If the due date falls on a holiday or a Sunday, the next working day after the holiday or
Sunday is the due date.
4. Payment terms for bundled services
The payment terms for bundled services are contained in Annex No. 5.2 of the Code of Business
Conduct.
V.3 INVOICING PROCEDURE
The invoice sent by EFS shall be regarded as properly delivered
at the verified delivery date in case of personal delivery,
at the verified delivery date in case of employing a courier service,
on the third working day after mailing in case of letters sent by recorded delivery.
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Any legal debates regarding due date of invoices or invoice delivery and any default in payment
shall be governed by the provisions of the Civil Code.
EFS will issue the invoice in an amount, rounded to the nearest whole forint, determined on the basis
of the tariffs described in Chapter VI of this document.
The System User fulfils its payment obligations by remittance into EFS’s bank account specified in
the Contract. Any payments to EFS shall be made in Hungarian Forint.
V.4 PAYMENT, PAYMENT DEFAULT
In case of payment default, the Parties shall pay default interests pursuant to the Civil Code in a way
that the interests are charged for the period between the due date and the day when the payment is
made.
The Parties will issue the charge letters regarding default interests once a month on the basis of the
invoice payment delays occurred until the last day of the previous month. The due date for paying
default interests is the tenth day after delivery.
If EFS grants some allowance from the interests that can be charged for default in payment or
debated settlements, EFS shall publish this on its IT Platform and grant that allowance to each
System User.
If the System Users fails to pay an invoice despite EFS’s third warning then it commits a breach of
contract. In this case EFS will proceed in accordance with the provisions of Section VII.2 of ÁSZF.
V.5 SETTLING INVOICE COMPLAINTS
EFS shall follow the relevant regulations when issuing an invoice.
Any System User may make a complaint or observation in writing in connection with EFS’s
invoicing within 5 working days of receipt of the disapproved invoice. The complaint shall include
any disputed data, amount and the ground of the debate.
The System User shall pay the amount included in the invoice even if the invoice is disapproved.
Within 2 working days after the complaint has been made, the Parties shall negotiate the disapproved
item. If the complaint is approved, EFS shall send a correction settlement/data supply to the System
User within 5 working days of receipt of the complaint.
If the complaint is rejected, EFS shall send a written explanation of the refusal to the System
Operator within 5 working days.
After the invoice is investigated, the Parties will make a settlement on the basis of the modification
of the invoice:
- in case of overpayment the party that issued the invoice shall refund the difference plus a
default interest rate pursuant to the Civil Code for the period between the fulfilment date
and refund date to the party receiving the invoice,
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- in case of underpayment the party receiving the invoice shall remit the difference to the
party issuing the invoice without delay.
Any partial payment of an amount included in the invoice shall be considered a non-payment.
V.6 CONTRACTUAL GUARANTEE
The System User shall provide a bank guarantee or a natural gas quantity it possesses but stores with
EFS as a contractual collateral to EFS. The rules for the bank guarantee and for the offered quantity
of stored natural gas as contractual collaterals are specified by Annex No. 7 of the Business Conduct
Rules.
V.7 RIGHTS AND OBLIGATIONS
V.7.1 SYSTEM USER’S RIGHTS AND OBLIGATIONS
Rights
The System User is entitled to inject the natural gas owned by it into the Storage Site owned
by EFS, store it there and withdraw it in accordance with the capacities defined in the Contract
and other contractual terms and conditions.
to nominate injection and withdrawal capacities up to the capacities defined in the Contract.
to sell natural gas storage capacities to other System Users by observing any relevant terms
and conditions of the Contract.
to sell, partially or wholly, any stored mobile gas owned by the System User to other parties.
to issue on its own booked capacities commissioned capacity sale assignments to EFS.
The System User is entitled to receive information in relation to its storage stock, storage
turnover and its available storage capacities.
The System User is entitled to exercise its rights deriving from a breach of contract committed
by EFS, if EFS fails to fulfil any of its contractual obligations.
Obligations
The System User shall have the natural gas it intends to inject transmitted and delivered to the
Storage Site (zero point of the transmission line)- in the quality prescribed by the Contract –,
and shall also take over the natural gas withdrawn from the Storage Site and have it
transported from there.
The System User shall pay the fees specified in the Contract to EFS.
The System User shall provide a contractual guarantee for EFS.
The System User is obliged to use the IT Platform operated by EFS to fulfil its contractual
obligations. Should the System Users have any problems with using the IT Platform, they shall
inform the EFS in writing.
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The System User shall maintain contact with EFS via its contact persons described in the
Contract, cooperate with EFS and provide data or important pieces of information for EFS.
V.7.2 EFS’S RIGHTS AND OBLIGATIONS
Rights
In justified cases and in accordance with the provisions of the Contract, EFS is entitled to
refuse or restrict fulfilment toward the System User and shall inform the System User thereof
in writing in advance.
In case of force majeure or operating trouble EFS is entitled to interrupt provision of
uninterruptible service at a level and for a period that is required and sufficient.
EFS is entitled to refuse any injection that exceeds the storage capacity determined in the
Contract, or any withdrawal that exceeds withdrawal capacity, any natural gas storage that
exceeds mobile capacity or any withdrawal of natural gas volumes that exceeds the quantity
injected by the System User.
EFS is entitled to refuse System User’s nomination if the sum of the nominations does not
exceed the minimum level required by the Storage Site.
EFS is entitled to refuse System User’s demand for storage if the volume of the natural gas to
be injected does not meet the requirements specified in standard MSZ 1648:2000.
In case of a breach of contract by the System User, EFS is entitled to call in the financial
guarantee or sell the gas being stored.
EFS is entitled to request information from the System Users as required for the safe operation
of the storage facilities and for the contractual fulfilment of the demand.
In addition to the most important rights mentioned above, EFS is entitled to exercise its rights
deriving from a breach of contract committed by the System User, if the System User fails to
fulfil any of its contractual obligations.
Obligations:
EFS shall inject the natural gas owned by the System User into the Storage Site on the basis of
System User’s nomination, store it here then withdraw it in accordance with the capacities
defined in the Contract and with other contractual terms and conditions.
EFS shall receive the natural gas volume to be injected at the zero points of the transmission
line, from the TSO acting on behalf of the System User, in accordance with the provisions of
the Contract, then shall keep the gas in the Storage Site and shall deliver the requested
withdrawn gas to the TSO acting on behalf of the System User at the zero points of the
transmission line - in a quality meeting the requirements of the Contract and standard MSZ
1648:2000.
EFS shall operate the IT Platform and shall provide access to it for the System User.
EFS shall perform the contract amendments related to the secondary capacity sale transactions
and to the switching of traders.
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EFS shall keep contact and cooperate with the System Users, investigate their complaints,
provide data supply and shall share all significant information with them.
VI BREACH OF CONTRACT AND CONSEQUENCES
VI.1 INSTANCES OF CONTRACT VIOLATION
Except in cases of force majeure, a breach of Contract is committed whenever any of the Parties
violates any contractual terms and conditions or the relevant provisions of the Civil Code, with
special regard but not limited to the following:
On System User’s part:
The compensation for services is not paid
The quality of the injected natural gas does not meet the requirements specified in the
Contract
On EFS’s part:
Non-fulfilment of injection and withdrawal tasks required by the System User
The received natural gas is lost or perished
The quality of the withdrawn natural gas fails to meet the provisions of the Contract
VI.2 THE CONSEQUENCES OF BREACH OF CONTRACT, COMPENSATION
Annex No. 8 of the Business Conduct Rules includes the consequences of a breach of contract and
the procedure to be followed.
VII FORCE MAJEURE
It shall not be considered a breach of contract if any Party, due to any reason not attributable to any
contractual Party (force majeure), is unable fulfil its Contractual obligations. Force majeure
circumstances include any unpredictable and inevitable circumstances (e.g. war, national strike,
earthquake, flood, fire, terrorist acts, etc.) which are beyond the control of the Parties and directly
prevent the Party concerned from fulfilling its contractual obligations.
The Party reporting the force majeure event shall inform the other Party as soon as feasible if:
the force majeure event has ceased; or
the force majeure has no effect on the fulfilment of the obligations of the announcing Party
any longer.
Neither Party is exempted from fulfilling its contractual obligations until the Party concerned
announces the force majeure event.
The Party affected by a force majeure:
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shall, as can be expected of the Party under the circumstances, avoid, prevent, cease or
mitigate the effect of the force majeure event, including procurement of services, products,
equipment and materials from other sources and payment of reasonable amounts;
shall, as can be expected of the Party under the circumstances, continue the fulfilment of the
Contract right after the force majeure event has ceased; and
on reasonable request of the other Party, the Party affected shall inform the other Party about
the type and causes of the force majeure event, the actions taken to avoid, cease or mitigate a
force majeure event and probable duration thereof.
On request of the other Party, the Party affected shall present the certificate on the force majeure
issued by the Commercial Chamber competent in the region where the force majeure has occurred.
Unless otherwise agreed by the Parties in writing, deadlines stipulated in the contract will be
prolonged proportionally to the force majeure period.
If the force majeure period exceeds 180 days, each Party is entitled to cancel the contract in writing
without any disadvantageous legal consequences by giving a 30-day notice, even if under the
contract the Party is not entitled to cancel the Contract.
The contracting Parties shall immediately inform each other in writing on any impending force
majeure, the occurrence of the force majeure and the probable duration thereof. The Party
responsible for delay in providing information on an impending or occurring force majeure will be
accountable for any relevant losses.
VIII EMERGENCY, OPERATING TROUBLE
Emergency and operating trouble are such events or operating conditions that deviate from normal,
planned operation of the connected transmission system, the underground storage and gas production
facilities, and occur due to reasons beyond the control of the system operators, and may result in a
decrease in security of supply, serious pollution or public danger, the gas supply to the System User
becomes restricted, and operating parameters outside normal operation come into being at the
delivery points of the storage site.
If an emergency occurs, the Party that learns this event shall immediately inform the other Party in
writing if the emergency may have an effect on the fulfilment of the contract, and the Parties shall
negotiate on a continuation of the fulfilment of the Contract as soon as possible, and agree on issues
deemed important any of the Parties.
Under Act No. XL of 2008 on natural gas supply (Gas Act), in case of an operating trouble EFS
proceeds as follows:
Takes immediate measures to eliminate operating trouble,
Restores supply as soon as possible after eliminating the operating trouble.
The Gas Act and Government Decree No. 19/2009 on the implementation of the provisions define
detailed rules for managing serious crisis situations in the natural gas supply and in the integrated
natural gas system, for the restrictions to be implemented in case of a serious trouble, along with the
applicable principles and the system users’ rights and obligations.
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IX MODIFICATION OF THE CONTRACT
The Contracting Parties may modify the Contract in writing by mutual agreement, and the
modification shall be signed by representatives authorized to sign. The date when the modification
comes into force shall be specified.
During the term of the Contract any amendment to the relevant laws shall be applied when the
amendment in question comes into force. The necessary modifications shall also be implemented in
ÁSZF. If some conditions considerably change due to amendments, and the Contracting Parties
cannot be expected to maintain the Contract with altered contents, then each Contracting Party may
initiate modification of the Contract.
Any change in representatives of the Contracting Parties is considered a contract modification which
must not interfere with Parties’ interests, neither in providing services nor in paying compensation. If
it is in any Party’s interest to do so, some appropriate type of guarantee in a reasonable amount can
be requested.
Any changes in Parties’ data entered in the company register, including seats, representatives and
bank accounts first of all, or in data of the contact persons or the organization that proceeds to
conclude or fulfil the contract shall not be considered a contract modification. Any Party shall inform
the other Party in writing about the changes mentioned above preferably 10 days in advance but
within 10 days after any alteration occurs (or is registered) at the latest.
X TERMINATION OF THE CONTRACT
The Natural Gas Storage contract is terminated in the following cases:
the contract is terminated by mutual agreement of the Parties,
either of the Parties cancels the contract,
if the Office withdraws any Party’s licence in a legally binding manner,
the System User becomes insolvent,
any Party is wound up without a legal successor,
if a force majeure period exceeds 108 days,
any Party cancels the Contract with immediate effect when the other Partly commits any
serious and repeated breach of contract despite a written warning,
the term of the Contract has expired.
XI MISCELLANEOUS PROVISIONS
The System User is entitled to entrust another party (hereinafter “Agent”) with nomination. EFS
shall provide any opportunities (e.g. access to the nomination system) which are required by the
Agent to conduct nomination process instead of System User. The System User shall pay any costs
incurred in connection with this assignment.
If any Party is wound up with a legal successor or reorganized, the legal successor will be
responsible for obligations and entitled to rights deriving from the Contract for the Party concerned.
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Any Party may only transfer any right, obligation or claim, excepting claims on money, deriving
from the Natural Gas Storage Contract with prior written approval of the other Party.
During the term of the Contract each Party may propose a renegotiation of the Natural Gas Storage
Contract.
XI.1 CONFIDENTIALITY
Any data, facts, especially but not exclusively, the existence and content of the Contract that became
known to the Parties in any way in connection with the conclusion and fulfilment of the Contract,
regarding the other Party and the activities thereof shall be deemed to be a business secret. The
Parties must not disclose such information to third parties or make it available or use it for any
purpose other than the fulfilment of this Contract.
The Parties are entitled to disclose data, facts or information described in the previous paragraph to a
third party that provides financial, accountancy or legal services for the Parties under Contract, on
condition that each Party shall ensure that any partner which provides financial, accountancy or legal
services under a contract for work and services for the Party shall treat any data, facts or information
regarding the Natural Gas Storage Contract as confidential, in accordance with the Parties’ financial
interests, without publishing or disclosing them to third parties.
The following information shall not fall within the scope of confidentiality obligation:
any information which was already in the public domain or will become public soon in a way
other than the fault of the Contracting Party that obtained the information, or
any information that had become known in a provable manner to the Party that obtained the
information before the Contract came into force, or
any information that has become known to the Party informed through a third party which has
not concluded a confidentiality agreement with the contracting party to which the information
belongs, or
any information whose disclosure was ordered by law, stock exchange regulations or official
regulations, to a specified extent for a predetermined group of entities.
any information which has been disclosed with the consent of the other Party.
XI.2 RISK BEARING
EFS takes responsibility to keep the quantity of the natural gas handed over for storage and maintain
its quality that meets the requirements specified in standard MSZ 1648:2000 and to return it to the
system User.
XI.3 GOVERNING LAW, SETTLING DISPUTES
The Parties agree to settle their disputes arising out of or in connection with the Contract amicably.
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In case such settlements should fail, all disputes arising out of or in connection with the Contract and
the violation, termination, validity or interpretation thereof shall be submitted to the exclusive
jurisdiction of the Arbitration Court in the Energy (Budapest), and the Arbitration Court will follow
its own Procedural Regulations. The number of arbitrators shall be three. Hungarian shall be the
official language of the procedure.
XII ANNEXES
5.1 Template Contract on Using and Providing Seasonal Basic Natural Gas Storage
Service
5.2 Template Contract on Using and Providing Seasonal Basic Natural Gas Storage
Service (Bundle)
5.3 Natural Gas Storage Capacity Contract on Non-Interruptible Injection,
Withdrawal and Mobile Capacities within the Year
5.4 Natural Gas Storage Capacity Contract on 100% Available, Flat Curves Injection
Capacity and Withdrawal Capacity
5.5 Natural Gas Storage Capacity Contract on Interruptible Capacity
5.6 Template Contract on Using and Providing Long-Term Seasonal Basic Natural
Gas Storage Service
5.7 Commissioned Sale Contract Template
5.8 Natural Gas Storage Framework Contract on Commercial Virtual Storage Service
5.9 Long-Term Contract Template on Using and Providing Bundled Natural Gas
Storage Service
5.10 Template Contract on Portfolio Management Service
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Contract on using and providing seasonal
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CONTRACT ON USING AND PROVIDING SEASONAL BASIC NATURAL GAS
STORAGE SERVICE
concluded by and between
seat:
mailing address:
bank account No.:
invoicing address:
tax No.:
Court of Registration
and Reg. No.:
hereinafter referred to as System User
and E.ON Földgáz Storage Private Natural Gas Storage Company
Limited by Shares
seat: 1051 Budapest, Széchenyi István 7-8.
Mailing address: 1399 Budapest, Pf. 645.
account keeping bank: Deutsche Bank
bank account No.: 16300000-04008363-90006405
invoicing address: 1051 Budapest, Széchenyi István 7-8.
tax No.: 12543317-2-44
Court of Registration Budapest Court as Court of Registration,
and Reg. No.: Cg. 01-10-045043
hereinafter referred to as EFS
or jointly referred to as the Parties at the undersigned place and date with the following terms and
conditions:
2011.11.25.
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I SUBJECT AND DURATION OF CONTRACT
1. The subject matter of this Contract on Using and Providing Seasonal Basic Service in Natural Gas
Storage (hereinafter referred to as Contract)is the storage of natural gas owned by the System User,
along with its uninterruptible injection into and withdrawal from the Hungarian underground gas
storage facilities owned and operated by EFS according to the quantity parameters as per Chapter
III and quality parameters as per Chapter IV.
2. Pursuant to this Contract EFS shall – upon the contractual instruction of the System User – inject
the natural gas taken over for the purpose of natural gas storage during the period as per Section
I.4, shall keep it in its storage facilities and shall withdraw it in the period as per Section I.4.
3. This present Contract has been concluded for a definite period.
4. The Parties contract for using and providing a seasonal basic service. The contractual injection
cycle starts at 06:00 on 1st April 2011, and shall end at 06:00 1st October 2011. The contractual
withdrawal cycle shall start at 06:00 1st October 2011, and shall end at 06:00 on 1st April 2012.
II GENERAL TERMS
1. In issues not regulated by the Contract, the provisions of the General Terms and Conditions
(hereinafter referred to as ÁSZF), Annex No. 5 of the Code of Business Conduct shall apply.
2. By signing this Contract, the System User acknowledges to have fully read and understood the
content of the ÁSZF herein mentioned – available on the EFS web page (www.eon-foldgaz-
storage.com) – and considers it to be the part of this Contract, and so agrees to be bound by it. The
Parties shall deem the content of ÁSZF annexed to the Code of Business Conduct approved by the
Hungarian Energy Office to be the same as the usual contracting practice.
3. Special conditions not stipulated in the ÁSZF shall be specified in this Contract.
III PROVISION OF STORAGE CAPACITIES
1. Non-interruptible storage capacities available for the System User regarding the contractual storage
cycles as per Section I.4 (in case of selling in bundles, the capacities within the booked bundles):
storage mobile capacity: m3, MJ
injection (peak) capacity: m3/day, MJ/day
withdrawal (peak)capacity: m3/day MJ/day.
The System User explicitly consents to converting the above capacities from m3 to heat quantity at
the value of 1 m3 = 34.3 MJ as published by EFS.
2. The monthly schedule for injection and withdrawal is contained in Annex No. 1.
3. The System User understands that the actual injection and withdrawal capacity may vary according
to the mobile gas stocks and to other, inevitably changing parameters and boundary conditions. The
availability of capacities and the minimum and maximum injection and withdrawal capacity values
are published by EFS on its website for the System Users.
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4. In case of a positive closing stock for the System User, EFS shall be entitled to act according to
Section 3.12 of KHEM Decree No. 31/2009 (VI.25.) (Tariff Decree).
If required by the System User, EFS provides withdrawal opportunity in the injection cycle, and
injection opportunity in the withdrawal cycle via its virtual storage service for which the Parties
conclude a separate contract.
5. The System User may use interruptible capacities as well according to the prescriptions of Annex
No. 5, for which the Parties also conclude a separate contract. The System User shall weekly
submit the planned injection and withdrawal quantities for the following week in writing (via fax)
until 12:00 Friday of the previous week. This is required for planning the operation of the storage
facilities, yet this is not equal to the weekly nomination. However, if the System User’s nomination
submitted for the given day deviates more than 15% from the planned schedule, and thus endangers
the service provision to those System Users who use the storage services according to their
forecast, EFS reserves the right to refuse the nomination in full or in part.
6. EFS shall be financially responsible for preserving the heat quantity of the actually injected gas, for
its settlement and for the injection and withdrawal thereof according to Section III.1 herein.
7. EFS shall not be obliged to ensure injection and withdrawal capacities exceeding the capacity
values stipulated by Section III.1 of the Contract, nor to inject more mobile capacity, or to conduct
withdrawal activities exceeding the actually injected mobile volume quantities.
8. System Users shall submit also to EFS the storage demand forecasts with the date and content
prescribed by Section 8.1.4.1 of the Grid Code.
9. If during the term of the Contract System Users sell capacity on the secondary capacity trade
market or sell mobile gas to other System Users, they shall pay a transaction fee as per the ÁSZF
upon the invoice issued by EFS.
IV STORAGE GAS QUALITY
1. EFS undertakes to inject natural gas which meets the quality parameter specifications of MSZ 1648
V NATURAL GAS DELIVERY AND ACCEPTANCE, MEASUREMENT, SETTLEMENT
1. According to Section I.3.2 of the Code of Business Conduct, EFS manages the storage facilities as
a unified whole. Based on the daily nomination submitted by the System User for the unified
storage facility, EFS shall allocate the gas quantity to be injected or withdrawn to the relevant
underground gas storage facilities. EFS shall undertake to deliver the nominated quantities
allocated for the relevant storage facilities, and in case of non-performance, EFS shall cover the
surcharges and balancing costs incurred by the System User.
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VI OPERATIVE FLOW OF INFORMATION
1. In the course of its daily activities, EFS shall cooperate with the Transmission Company and the
Transmission Operator to fulfil its obligations towards the System User.
2. The Parties ensure that besides the regular contacts specified in this present Contract, they shall
notify each other of all incidents which may have an effect on their cooperation, and they facilitate
smooth communication via consultation opportunities and the proper dataflow.
3. Information and data flow between the Parties are governed by the Grid Code and the ÁSZF.
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VII STORAGE FEE
1. Capacity booking and turnover fees payable by the System User shall be determined by EFS
pursuant to the fee items set forth in the Tariff Decree. Capacity fees shall be invoiced according to
the Tariff Decree in equal monthly instalments, turnover fees shall be invoiced upon the actual
monthly turnover.
2. The capacity fees specified in the Tariff Decree shall be determined upon the costs generated in
connection with providing the seasonal basic service, while the specific fees are calculated on
assuming a one year contractual period. Therefore, if the contract period is less than one year, the
System User shall still pay the annual capacity fee in equal monthly instalments.
3. If the System User has a valid storage contract and purchases further capacities from EFS during
the storage year, a settlement shall be made on the period already passed. The annual capacity fee
shall be calculated for the new capacity portfolio, and the already invoiced capacity fees shall be
corrected. For the remaining duration of the contract, the capacity fees shall be paid in equal
monthly instalments based on the new portfolio.
4. The modifications of the fee items in the Tariff Decree shall become part of this Contract on the
date of their taking effect, and thus such modifications shall be applied by the Parties as of the date
the regulation enters into force.
5. As of the date the Tariff Decree introduces the heat quantity based storage fee calculation, the
calculation of the EFS storage fees shall exclusively be based on heat quantity [MJ].
VIII GOVERNING LAW, SETTLEMENT OF DISPUTES
The Parties agree to settle the disputes relating to the Natural Gas Storage Contract primarily via
amicable negotiation.
Failing such settlement in any disputes arising from or relating to the Natural Gas Storage Contract
or its breach, termination, validity or interpretation, both parties hereby agree to subject themselves
to the exclusive jurisdiction of the Permanent Court of Arbitration (Budapest) operating at the
Hungarian Chamber of Commerce and Industry, provided that the Court of Arbitration proceeds
according to its own Rules of Procedure. The number of arbitrators shall be three. The language of
procedure shall be Hungarian.
IX DATE OF TAKING EFFECT
1. This Contract shall be applied by the Parties to their existing legal relation in the same subject as of
2___.
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X MISCELLANEOUS PROVISIONS
1. Contact Persons
In issues related to the Contract:
On behalf of the System User:
On behalf of EFS: Balázs Lakatos
Phone: 1/354-7058, 30/269-0775
Fax: 1/354-7045
email: balazs.lakatos@eon-foldgaz.com
On behalf of the System User:
Phone:
Fax:
email:
In issues of daily operative contact:
On behalf of the System User: the System User’s person on duty
Phone:
Fax:
email:
On behalf of EFS: Dispatching service
Phone: 52/362-574
Fax: 52/558-044
email: storage.dispacher@eon-foldgaz.com
This present Contract is valid together with the attached Annexes, which form an inseparable part thereof.
Budapest,
E.ON Földgáz Storage Zrt. System User
...................................................................... ……………………………..……………
Annexes:
Annex No. 1: Planned injection and withdrawal turnover data per month
Annex No. 2: Storage fees
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Code of Business Conduct Annex No. 5.2:
Contract on using and providing seasonal
basic natural gas storage service (bundle)
CONTRACT ON USING AND PROVIDING SEASONAL BASIC NATURAL GAS
STORAGE SERVICE (BUNDLE)
concluded by and between
seat:
mailing address:
bank account No.:
invoicing address:
tax No.:
Court of Registration
and Reg. No.:
hereinafter referred to as System User
and E.ON Földgáz Storage Private Natural Gas Storage Company
Limited by Shares
seat: 1051 Budapest, Széchenyi tér 7-8.
Mailing address: 1399 Budapest, Pf. 645.
account keeping bank: Deutsche Bank
bank account No.: 16300000-04008363-90006405
invoicing address: 1051 Budapest, Széchenyi tér 7-8.
tax No.: 12543317-2-44
Court of Registration Budapest Court as Court of Registration,
and Reg. No.: Cg.01-10-045043
hereinafter referred to as EFS
or jointly referred to as the Parties at the undersigned place and date with the following terms and
conditions:
2011.11.25.
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Code of Business Conduct Annex No. 5.2:
Contract on using and providing seasonal
basic natural gas storage service
I SUBJECT AND DURATION OF CONTRACT
1. The subject matter of this Contract on Using and Providing Seasonal Basic Service in Natural Gas
Storage (hereinafter referred to as Contract)is the storage of natural gas owned by the System User,
along with its uninterruptible injection into and withdrawal from the Hungarian underground gas
storage facilities owned and operated by EFS according to the quantity parameters as per Chapter
III and quality parameters as per Chapter IV.
2. Pursuant to this Contract EFS shall – upon the contractual instruction of the System User – inject
the natural gas taken over for the purpose of natural gas storage during the period as per Section
I.4, shall keep it in its storage facilities and shall withdraw it in the period as per Section I.4.
3. This present Contract has been concluded for a definite period.
4. The Parties contract for using and providing a seasonal basic service. The contractual injection
cycle starts at 06:00 on 1st April 2011, and shall end at 06:00 1st October 2011. The contractual
withdrawal cycle shall start at 06:00 1st October 2011, and shall end at 06:00 on 1st April 2012.
II GENERAL TERMS
1. In issues not regulated by the Contract, the provisions of the General Terms and Conditions
(hereinafter referred to as ÁSZF), Annex No. 5 of the Code of Business Conduct shall apply.
2. By signing this Contract, the System User acknowledges to have fully read and understood the
content of the ÁSZF herein mentioned – available on the EFS web page (www.eon-foldgaz-
storage.com) – and considers it to be the part of this Contract, and so agrees to be bound by it. The
Parties shall deem the content of ÁSZF annexed to the Code of Business Conduct approved by the
Hungarian Energy Office to be the same as the usual contracting practice.
3. Special conditions not stipulated in the ÁSZF shall be specified in this Contract.
III PROVISION OF STORAGE CAPACITIES
1. Non-interruptible storage capacities of booked bundles available for the System User regarding the
contractual storage cycles as per Section I.4:
storage mobile capacity: m3, MJ
injection (peak) capacity: m3/day, MJ/day
withdrawal (peak) capacity: m3/day MJ/day.
The System User explicitly consents to converting the above capacities from m3 to heat quantity at
the value of 1 m3 = 34.3 MJ as published by EFS.
2. The monthly schedule for injection and withdrawal is contained in Annex No. 1.
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Contract on using and providing seasonal
basic natural gas storage service
3. The System User understands that the actual injection and withdrawal capacity may vary according
to the mobile gas stocks and to other, inevitably changing parameters and boundary conditions. The
availability of capacities and the minimum and maximum injection and withdrawal capacity values
are published by EFS on its website for the System Users.
4. In case of a positive closing stock for the System User, EFS shall be entitled to act according to
Section 3.12 of KHEM Decree No. 31/2009 (VI.25.) (Tariff Decree).
5. If required by the System User, EFS provides withdrawal opportunity in the injection cycle, and
injection opportunity in the withdrawal cycle via its virtual storage service for which the Parties
conclude a separate contract.
6. The System User may use interruptible capacities as well according to the prescriptions of Annex
No. 5, for which the Parties also conclude a separate contract.
7. The System User shall weekly submit the planned injection and withdrawal quantities for the
following week in writing (via fax) until 12:00 Friday of the previous week. This is required for
planning the operation of the storage facilities, yet this is not equal to the weekly nomination.
However, if the System User’s nomination submitted for the given day deviates more than 15%
from the planned schedule, and thus endangers the service provision to those System Users who
use the storage services according to their forecast, EFS reserves the right to refuse the nomination
in full or in part.
8. EFS shall be financially responsible for preserving the heat quantity of the actually injected gas, for
its settlement and for the injection and withdrawal thereof according to Section III.1 herein.
9. EFS shall not be obliged to ensure injection and withdrawal capacities exceeding the capacity
values stipulated by Section III.1 of the Contract, nor to inject more mobile capacity, or to conduct
withdrawal activities exceeding the actually injected mobile volume quantities.
10. System Users shall submit also to EFS the storage demand forecasts with the date and content
prescribed by Section 8.1.4.1 of the Grid Code.
11. If during the term of the Contract System Users sell capacity on the secondary capacity trade
market or sell mobile gas to other System Users, they shall pay a transaction fee as per the ÁSZF
upon the invoice issued by EFS.
IV STORAGE GAS QUALITY
1. EFS undertakes to inject natural gas which meets the quality parameter specifications of MSZ 1648
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E.ON Földgáz Storage Zrt.
Code of Business Conduct Annex No. 5.2:
Contract on using and providing seasonal
basic natural gas storage service
V NATURAL GAS DELIVERY AND ACCEPTANCE, MEASUREMENT, SETTLEMENT
1. According to Section I.3.2 of the Code of Business Conduct, EFS manages the storage facilities as
a unified whole. Based on the daily nomination submitted by the System User for the unified
storage facility, EFS shall allocate the gas quantity to be injected or withdrawn to the relevant
underground gas storage facilities. EFS shall undertake to deliver the nominated quantities
allocated for the relevant storage facilities, and in case of non-performance, EFS shall cover the
surcharges and balancing costs incurred by the System User.
VI OPERATIVE FLOW OF INFORMATION
1. In the course of its daily activities, EFS shall cooperate with the Transmission Company and the
Transmission Operator to fulfil its obligations towards the System User.
2. The Parties ensure that besides the regular contacts specified in this present Contract, they shall
notify each other of all incidents which may have an effect on their cooperation, and they facilitate
smooth communication via consultation opportunities and the proper dataflow.
3. Information and data flow between the Parties are governed by the Grid Code and the ÁSZF.
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E.ON Földgáz Storage Zrt.
Code of Business Conduct Annex No. 5.2:
Contract on using and providing seasonal
basic natural gas storage service
VII STORAGE FEE
1. The System User purchased the capacities booked in Section III.1 in bundles.
One bundle contains:
- mobile gas capacity: m3 (MJ),
- injection capacity: m3/day (MJ/day),
- withdrawal capacity: m3/day (MJ/day).
The System User purchased ________ bundles.
The total rice of the purchased bundles HUF _____.
2. The price of the bundle shall be determined pursuant to the Tariff Decree, the System User shall
pay the bundle price in equal monthly instalments as per the prevailing Tariff Decree (according to
which the price of 1 bundle is HUF ___). The bundle price contains the storage mobile fee and the
storage peak fee, excluding the injection fee and the withdrawal fee, which shall also be paid by the
System User according to the applicable Tariff Decree upon the actual monthly turnover.
3. Capacity booking and turnover fees payable by the System User shall be determined by EFS
pursuant to the fee items set forth in the Tariff Decree. Capacity fees shall be invoiced according to
the Tariff Decree in equal monthly instalments, turnover fees shall be invoiced upon the actual
monthly turnover.
4. The modifications of the fee items in the Tariff Decree shall become part of this Contract on the
date of their taking effect, and thus such modifications shall be applied by the Parties as of the date
the regulation enters into force.
5. As of the date the Tariff Decree introduces the heat quantity based storage fee calculation, the
calculation of the EFS storage fees shall exclusively be based on heat quantity [MJ].
VIII GOVERNING LAW, SETTLEMENT OF DISPUTES
The Parties agree to settle the disputes relating to the Natural Gas Storage Contract primarily via
amicable negotiation.
Failing such settlement in any disputes arising from or relating to the Natural Gas Storage Contract
or its breach, termination, validity or interpretation, both parties hereby agree to subject themselves
to the exclusive jurisdiction of the Permanent Court of Arbitration (Budapest) operating at the
Hungarian Chamber of Commerce and Industry, provided that the Court of Arbitration proceeds
according to its own Rules of Procedure. The number of arbitrators shall be three. The language of
procedure shall be Hungarian.
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E.ON Földgáz Storage Zrt.
Code of Business Conduct Annex No. 5.2:
Contract on using and providing seasonal
basic natural gas storage service
IX DATE OF TAKING EFFECT
1. This Contract shall be applied by the Parties to their existing legal relation in the same subject as of
1st April 2011.
X MISCELLANEOUS PROVISIONS
1. Contact Persons
In issues related to the Contract:
On behalf of the System User:
On behalf of EFS: Balázs Lakatos
Phone: 1/354-7058, 30/269-0775
Fax: 1/354-7045
email: balazs.lakatos@eon-foldgaz.com
On behalf of the System User:
Phone:
Fax:
email:
In issues of daily operative contact:
On behalf of the System User: the System User’s person on duty
Phone:
Fax:
email:
On behalf of EFS: Dispatching service
Phone: 52/362-574
Fax: 52/558-044
email: storage.dispacher@eon-foldgaz.com
This present Contract is valid together with the attached Annexes, which form an inseparable part thereof.
Budapest, 31st March 2010
E.ON Földgáz Storage Zrt. System User
68/150
E.ON Földgáz Storage Zrt.
Code of Business Conduct Annex No. 5.2:
Contract on using and providing seasonal
basic natural gas storage service
................................................................... ......................................................................
Annexes:
Annex No. 1: Planned injection and withdrawal turnover data per month
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E.ON Földgáz Storage Zrt.
Code of Business Conduct Annex No. 5.3:
Natural Gas Storage Capacity Contract on Non-
Interruptible Injection, Withdrawal and
Mobile Capacities Within the Year
NATURAL GAS STORAGE CAPACITY CONTRACT ON NON-INTERRUPTIBLE
INJECTION, WITHDRAWAL AND MOBILE CAPACITIES WITHIN THE YEAR
concluded by and between
seat:
mailing address:
bank account No.:
invoicing address:
tax No.:
Court of Registration
and Reg. No.:
hereinafter referred to as System User
and E.ON Földgáz Storage Private Natural Gas Storage Company
Limited by Shares
seat: 1051 Budapest, Széchenyi tér 7-8.
Mailing address: 1399 Budapest, Pf. 645.
account keeping bank: Deutsche Bank
bank account No.: 16300000-04008363-90006405
invoicing address: 1051 Budapest, Széchenyi tér 7-8.
tax No.: 12543317-2-44
Court of Registration Budapest Court as Court of Registration,
and Reg. No.: Cg. 01-10-045043
hereinafter referred to as EFS
or jointly referred to as the Parties at the undersigned place and date with the following terms and
conditions:
2011.11.25.
70/150
E.ON Földgáz Storage Zrt.
Code of Business Conduct Annex No. 5.3:
Natural Gas Storage Capacity Contract on Non-
Interruptible Injection, Withdrawal and
Mobile Capacities Within the Year
I SUBJECT AND DURATION OF CONTRACT
1. The subject matter of this Natural Gas Storage Capacity Contract (hereinafter referred to as
Contract) is the capacity contract regarding the System User’s booking of non-interruptible storage
capacities for a period within the year in the Hungarian underground gas storage facility owned and
operated by EFS pursuant to the terms and conditions described in the chapters below.
2. With the given product, EFS ensures it for the System User to book capacity if within the year non-
interruptible capacity is required.
3. This present Contract has been concluded for a definite period.
4. The contractual storage cycle shall start at and shall end at .
II GENERAL TERMS
1. In issues not regulated by the Contract, the provisions of the General Terms and Conditions
(hereinafter referred to as ÁSZF), Annex No. 5 of the Code of Business Conduct shall apply.
2. By signing this Contract, the System User shall acknowledge to have fully read and understood the
content of the ÁSZF herein mentioned – as available on the EFS web page (www.eon-foldgaz-
storage.com) – and considers it to be the part of this Contract, and so agrees to be bound by it. The
Parties shall deem the content of ÁSZF annexed to the Code of Business Conduct approved by the
Hungarian Energy Office to be the same as the usual contracting practice.
3. Special conditions not stipulated in the ÁSZF shall be specified in this Contract.
III CONDITIONS OF USING NON-INTERRUPTIBLE SHORT-TERM INJECTION, MOBILE
AND WITHDRAWAL CAPACITIES
1. EFS offers non-interruptible withdrawal, mobile and injection capacities for the System Users as
non-interruptible short-term products for an optional “within the year” period, at an optional time.
2. The System User can book non-interruptible capacity for a period shorter than a year pursuant to
Section 8.8.1.6 of the Grid Code under the following terms.
3. Capacities can be announced as bundled and unbundled offers at the website of EFS and on the IT
Platform.
4. EFS sells the announced short-term products pursuant to the prevailing tariff decree.
5. Within the year non-interruptible capacities are available to the System User provided there is any
non-interruptible withdrawal, mobile and injection capacity available.
6. The general terms of announcing non-interruptible capacities during the storage year are identical
with the general terms of announcing non-interruptible capacities for the year. Therefore System
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Code of Business Conduct Annex No. 5.3:
Natural Gas Storage Capacity Contract on Non-
Interruptible Injection, Withdrawal and
Mobile Capacities Within the Year
Users booking non-interruptible capacities for the year, meeting the conditions prescribed by the
Grid Code and having submitted the required documents to EFS in the annual capacity booking
period are not required to resubmit the documents.
7. Following EFS receives the signed contract and the payable short-term non-interruptible storage fee,
nominations for short-term non-interruptible capacities can be submitted.
8. EFS shall separately determine at the beginning of each storage year the extent of non-interruptible
short-term injection, mobile and withdrawal capacities, which shall be published on its website.
9. The System User understands that the actual injection and withdrawal capacity may vary according
to the mobile gas stocks and to other, inevitably changing parameters and boundary conditions. The
technical parameters are published by EFS on its website for the System Users.
IV STORAGE GAS QUALITY
1. EFS undertakes to inject natural gas which meets the quality parameter specifications of standard
MSZ 1648. The calorific value of the natural gas that can be taken over for injection at the
delivery points of the underground storage facilities is contained in Annex No. hereto.
V NOMINATION, ALLOCATION
1. According to Section I.3.2 of the Code of Business Conduct, EFS manages the storage facilities as
a unified whole. Based on the daily nomination submitted by the System User for the unified
storage facility, EFS shall distribute the gas quantity to be injected or withdrawn between the
underground gas storage facilities. EFS shall undertake to deliver the nominated quantities EFS
verified for the unified storage facility, and in case of non-performance, EFS shall cover the
surcharges and balancing costs incurred by the System User. The detailed rules and form of
nomination shall be determined on announcement.
VI OPERATIVE FLOW OF INFORMATION
1. In the course of its daily activities, EFS shall cooperate with the Transmission Company and the
Transmission Operator to fulfil its obligations towards the System User.
2. The Parties ensure that besides the regular contacts specified in this present Contract, they shall
notify each other of all incidents which may have an effect on their cooperation, and they facilitate
smooth communication via consultation opportunities and proper dataflow.
3. Information and data flow between the Parties are governed by the Grid Code and the ÁSZF.
VII SERVICE FEE
1. EFS shall separately determine at the beginning of each storage year the fee of non-interruptible
short-term injection, mobile and withdrawal capacities.
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Code of Business Conduct Annex No. 5.3:
Natural Gas Storage Capacity Contract on Non-
Interruptible Injection, Withdrawal and
Mobile Capacities Within the Year
2. EFS shall offer the non-interruptible short-term injection, mobile and withdrawal capacities either
bundled or unbundled.
3. The price of the bundle includes the annual capacity fee or the monthly capacity fee for a fixed
term, but excludes the turnover fees, which shall be invoiced posteriorly. The capacity fee must be
paid by the first working day of the base month.
4. Capacity bidders may request an optional number of bundles, but the number of bundles must be
an integer.
5. Capacity requests must be submitted until the deadline determined by EFS.
6. In case of capacity overbooking, EFS holds an auction.
VIII GOVERNING LAW, SETTLEMENT OF DISPUTES
1. The Parties shall agree to settle the disputes relating to the Natural Gas Storage Contract primarily
via amicable negotiation.
2. Failing such settlement in any disputes arising from or relating to the Natural Gas Storage
Contract or its breach, termination, validity or interpretation, both parties hereby agree to subject
themselves to the exclusive jurisdiction of the Permanent Court of Arbitration (Budapest)
operating at the Hungarian Chamber of Commerce and Industry, provided that the Court of
Arbitration proceeds according to its own Rules of Procedure. The number of arbitrators shall be
three. The language of procedure shall be Hungarian.
IX DATE OF TAKING EFFECT
1. This Contract shall be applied by the Parties to their existing legal relation in the same subject as of
...... .
X MISCELLANEOUS PROVISIONS
1. Contact Persons
In issues related to the Contract:
On behalf of the System User:
On behalf of EFS:
Phone:
Fax:
email:
In issues of daily operative contact:
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E.ON Földgáz Storage Zrt.
Code of Business Conduct Annex No. 5.3:
Natural Gas Storage Capacity Contract on Non-
Interruptible Injection, Withdrawal and
Mobile Capacities Within the Year
On behalf of the System User:
Phone:
Fax:
email:
On behalf of EFS: Dispatching service
Phone: 52/362-574
Fax: 52/558-044
email: storage.dispacher@eon-foldgaz.com
This present Contract is valid together with the attached Annexes, which form an inseparable part thereof.
Budapest,
E.ON Földgáz Storage Zrt. System User
...................................................................... ……..............................................................
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E.ON Földgáz Storage Zrt.
Code of Business Conduct Annex No. 5.4:
Natural Gas Storage Capacity Contract on 100%
Available, Flat Curves Injection Capacity and
Withdrawal Capacity
NATURAL GAS STORAGE CAPACITY CONTRACT ON 100% AVAILABLE, FLAT
CURVES INJECTION CAPACITY AND WITHDRAWAL CAPACITY
concluded by and between
seat:
mailing address:
bank account No.:
invoicing address:
tax No.:
Court of Registration
and Reg. No.:
hereinafter referred to as System User
and E.ON Földgáz Storage Private Natural Gas Storage Company
Limited by Shares
seat: 1051 Budapest, Széchenyi tér 7-8.
Mailing address: 1399 Budapest, Pf. 645.
account keeping bank: Deutsche Bank
bank account No.: 16300000-04008363-90006405
invoicing address: 1051 Budapest, Széchenyi tér 7-8.
tax No.: 12543317-2-44
Court of Registration Budapest Court as Court of Registration,
and Reg. No.: Cg. 01-10-045043
hereinafter referred to as EFS
or jointly referred to as the Parties at the undersigned place and date with the following terms and
conditions:
2011.11.25.
75/150
E.ON Földgáz Storage Zrt.
Code of Business Conduct Annex No. 5.4:
Natural Gas Storage Capacity Contract on
100% Available, Flat Curves Injection
Capacity and Withdrawal Capacity
I SUBJECT AND DURATION OF CONTRACT
1. The subject matter of this Natural Gas Storage Capacity Contract (hereinafter referred to as
Contract) is using the 100% available flat curves injection and withdrawal capacity by the
System User in the Hungarian underground gas storage facility owned and operated by EFS
pursuant to the terms and conditions described in the chapters below.
2. EFS aims at providing 100% available flat curves injection and withdrawal capacities to the
System Users within the range of the set minimum and maximum parameters.
3. This present Contract has been concluded for a definite period.
4. The contractual storage cycle shall start at 00:00 01.04.20XX and shall end at 00:00
01.04.20XX.
II GENERAL TERMS
1. In issues not regulated by the Contract, the provisions of the General Terms and Conditions
(hereinafter referred to as ÁSZF), Annex No. 5 of the Code of Business Conduct shall apply.
2. By signing this Contract, the System User shall acknowledge to have fully read and
understood the content of the ÁSZF herein mentioned – as available on the EFS web page
(www.eon-foldgaz-storage.com) – and considers it to be the part of this Contract, and so
agrees to be bound by it. The Parties shall deem the content of ÁSZF annexed to the Code of
Business Conduct approved by the Hungarian Energy Office to be the same as the usual
contracting practice.
3. Special conditions not stipulated in the ÁSZF shall be specified in this Contract.
4. The document of the announcement shall form part of this contract as an annex hereto.
III CONDITIONS OF USING 100% AVAILABLE FLAT CURVES INJECTION AND
WITHDRAWAL CAPACITIES
1. Each year, after the annual storage capacity booking, EFS decides whether to announce 100%
available flat curves injection and withdrawal capacities. The purchased capacity is available
at all times regardless of the storage parameters, yet in each case, it may be used within the
range of minimum and maximum values. Capacities shall be published for offer in the period
pursuant to the announcement, and EFS guarantees their availability within the range of
minimum and maximum values, and nomination exceeding the capacity maximum is not
possible. Below the minimum level EFS tries to accept the nomination, but acceptance cannot
be guaranteed.
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E.ON Földgáz Storage Zrt.
Code of Business Conduct Annex No. 5.4:
Natural Gas Storage Capacity Contract on
100% Available, Flat Curves Injection
Capacity and Withdrawal Capacity
2. The amount of offered capacities depend on the capacity booking requests submitted until 1st
March each year during the first round of the annual storage capacity booking. EFS shall
separately determine at the beginning of each storage year the extent of 100% available, flat
curves injection and withdrawal capacities, along with the related mobile capacity quantity.
3. It is a precondition for using the product that the System User must have storage booking at
the storage licensee for seasonal storage provided as a basic service.
4. EFS announces the maintenance period, and the availability of capacities are according to the
prevailing announcement.
5. Capacity requests must be submitted until the deadline determined by EFS.
6. In case of capacity overbooking, EFS holds an auction.
IV STORAGE GAS QUALITY
1. EFS undertakes to inject natural gas which meets the quality parameter specifications of
standard MSZ 1648. The calorific value of the natural gas that can be taken over for injection
at the delivery points of the underground storage facilities is contained in Annex No. hereto.
V NOMINATION, ALLOCATION
1. According to Section I.3.2 of the Code of Business Conduct, EFS manages the storage
facilities as a unified whole. Based on the daily nomination submitted by the System User for
the unified storage facility, EFS shall distribute the gas quantity to be injected or withdrawn
between the underground gas storage facilities. EFS shall undertake to deliver the nominated
quantities EFS verified for the unified storage facility, and in case of non-performance, EFS
shall cover the surcharges and balancing costs incurred by the System User. The detailed rules
and form of nomination shall be determined on announcement.
VI OPERATIVE FLOW OF INFORMATION
1. In the course of its daily activities, EFS shall cooperate with the Transmission Company and
the Transmission Operator to fulfil its obligations towards the System User.
2. The Parties ensure that besides the regular contacts specified in this present Contract, they
shall notify each other of all incidents which may have an effect on their cooperation, and they
facilitate smooth communication via consultation opportunities and proper dataflow.
3. Information and data flow between the Parties are governed by the Grid Code and the ÁSZF.
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E.ON Földgáz Storage Zrt.
Code of Business Conduct Annex No. 5.4:
Natural Gas Storage Capacity Contract on
100% Available, Flat Curves Injection
Capacity and Withdrawal Capacity
VII SERVICE FEE
1. EFS shall offer 100% available injection and withdrawal capacities either bundled or
unbundled.
2. The price of the bundle includes the capacity fee, but excludes the turnover fees.
3. Capacity bidders may request an integer number of bundles.
4. Bundled capacities have an annual fee and payment conditions shall be specified according to
the announced terms.
5. The Parties agree in a settlement for a fixed term.
6. The transmission fee shall be invoiced with the fees pursuant to the prevailing KHEM Decree
31/2009. (VI.25.) - excluding VAT - until the 5th working day following the base month.
7. The 30th calendar day after the invoice issue date is the due date for payment, and if it is a
holiday, the payment deadline shall be the following banking day.
VIII GOVERNING LAW, SETTLEMENT OF DISPUTES
1. The Parties shall agree to settle the disputes relating to the Natural Gas Storage Contract
primarily via amicable negotiation.
2. Failing such settlement in any disputes arising from or relating to the Natural Gas Storage
Contract or its breach, termination, validity or interpretation, both parties hereby agree to
subject themselves to the exclusive jurisdiction of the Permanent Court of Arbitration
(Budapest) operating at the Hungarian Chamber of Commerce and Industry, provided that the
Court of Arbitration proceeds according to its own Rules of Procedure. The number of
arbitrators shall be three. The language of procedure shall be Hungarian.
IX DATE OF TAKING EFFECT
1. This Contract shall be applied by the Parties to their existing legal relation in the same subject
as of ...... .
X MISCELLANEOUS PROVISIONS
1. Contact Persons
In issues related to the Contract:
On behalf of the System User:
On behalf of EFS:
Phone:
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E.ON Földgáz Storage Zrt.
Code of Business Conduct Annex No. 5.4:
Natural Gas Storage Capacity Contract on
100% Available, Flat Curves Injection
Capacity and Withdrawal Capacity
Fax:
email:
In issues of daily operative contact:
On behalf of the System User:
Phone:
Fax:
email:
On behalf of EFS: Dispatching service
Phone: 52/362-574
Fax: 52/558-044
email: storage.dispacher@eon-foldgaz.com
This present Contract is valid together with the attached Annexes, which form an inseparable part
thereof.
Budapest,
E.ON Földgáz Storage Zrt. System User
......................................................................... ……..............................................................
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E.ON Földgáz Storage Zrt.
Code of Business Conduct Annex No. 5.5:
Natural Gas Storage Capacity Contract on
Using and Providing Interruptible
Capacity
NATURAL GAS STORAGE CAPACITY CONTRACT ON USING AND PROVIDING
INTERRUPTIBLE CAPACITY
concluded by and between
seat:
mailing address:
bank account No.:
invoicing address:
tax No.:
Court of Registration
and Reg. No.:
hereinafter referred to as System User
and E.ON Földgáz Storage Private Natural Gas Storage
Company Limited by Shares
seat: 1051 Budapest, Széchenyi István tér 7-8.
Mailing address: 1399 Budapest, Pf. 645.
account keeping bank: Deutsche Bank
bank account No.: 16300000-04008363-90006405
invoicing address: 1051 Budapest, Széchenyi István tér 7-8.
tax No.: 12543317-2-44
Court of Registration Budapest Court as Court of Registration,
and Reg. No.: Cg. 01-10-045043
hereinafter referred to as EFS
or jointly referred to as the Parties at the undersigned place and date with the following terms and
conditions:
80/150
E.ON Földgáz Storage Zrt.
Code of Business Conduct Annex No. 5.5:
Natural Gas Storage Capacity Contract on
Using and Providing Interruptible
Capacity
I SUBJECT AND DURATION OF CONTRACT
1. The subject matter of this capacity Contract (hereinafter referred to as Contract)is the storage
of natural gas owned by the System User, along with its injection into and withdrawal from
the Hungarian underground gas storage facility owned and operated by EFS according to the
quantity parameters as per Chapter III and quality parameters as per Chapter IV.
2. Pursuant to this Contract EFS shall – upon the contractual instruction of the System User –
inject the natural gas taken over for the purpose of natural gas storage during the period as per
Chapter III, shall keep it in its storage facilities and shall withdraw it under the conditions and
in the period as per Chapter III.
3. This present Contract has been concluded for a definite period.
4. The Parties contract for one (1) full storage cycle. The contractual storage cycle starts at
___________ hours, and shall end ____________ hours.
II GENERAL TERMS
1. In issues not regulated by the Contract, the provisions of the General Terms and Conditions
(hereinafter referred to as ÁSZF), Annex No. 5 of the Code of Business Conduct shall apply.
2. By signing this Contract, the System User acknowledges to have fully read and understood the
content of the ÁSZF herein mentioned – available on the EFS web page (www.eon-foldgaz-
storage.com) – and considers it to be the part of this Contract, and so agrees to be bound by it.
The Parties shall deem the content of ÁSZF annexed to the Code of Business Conduct
approved by the Hungarian Energy Office to be the same as the usual contracting practice.
3. Special conditions not stipulated in the ÁSZF shall be specified in this Contract.
III PROVISION OF STORAGE CAPACITIES
1. Interruptible storage capacities available for the System User regarding the contractual storage
cycles as per Section I.4:
Interruptible injection (peak)capacity: m3/day, MJ/day
Interruptible withdrawal (peak)capacity: m3/day MJ/day.
EFS does not offer interruptible mobile capacity.
The System User has submitted its capacity request in heat quantity as well
or
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Code of Business Conduct Annex No. 5.5:
Natural Gas Storage Capacity Contract on
Using and Providing Interruptible
Capacity
the System User explicitly consents to converting the above capacities from m3 to heat
quantity at the value of 1 m3 = 34.3 MJ as published by EFS.
2. The System User understands that the interruptible injection and withdrawal capacities may
vary according to the mobile gas stocks and to other, inevitably changing parameters and
boundary conditions. The technical conditions are published by EFS on its website for the
System Users.
3. The System User shall monthly submit the injection and withdrawal quantities for the
following month in writing (via fax) not later than 2 working days before the end of the
previous month, which shall be confirmed by EFS in writing.
4. EFS shall be financially responsible for preserving the heat quantity of the actually injected
gas, for its settlement and for the injection and withdrawal thereof according to Section III.1
herein.
5. EFS shall not be obliged to ensure injection and withdrawal capacities exceeding the capacity
values stipulated by Section III.1 of the Contract, nor to inject more mobile capacity, or to
conduct withdrawal activities exceeding the actually injected mobile volume quantities.
6. System Users shall submit also to EFS the storage demand forecasts with the date and content
prescribed by Section 8.1.4.1 of the Grid Code.
The System User may use the interruptible capacities according to the prescriptions
of Annex No. 5. separate contract
7. If during the term of the Contract System Users sell capacity on the secondary capacity trade
market or sell mobile gas to other System Users, they shall pay a transaction fee as per the
ÁSZF upon the invoice issued by EFS.
IV STORAGE GAS QUALITY
1. EFS undertakes to inject natural gas which meets the quality parameter specifications of
standard MSZ 1648. The calorific value of the natural gas that can be taken over for injection
at the delivery points of the underground storage facility is contained in Annex No. 3 hereto.
V NATURAL GAS DELIVERY AND ACCEPTANCE, MEASUREMENT, SETTLEMENT
1. According to Section I.3.2 of the Code of Business Conduct, EFS manages the storage
facilities as a unified whole. Based on the daily nomination submitted by the System User for
the unified storage facility, EFS shall allocate the gas quantity to be injected or withdrawn to
the relevant underground gas storage facilities. EFS shall undertake to deliver the nominated
quantities allocated for the relevant storage facilities, and in case of non-performance, EFS
shall cover the surcharges and balancing costs incurred by the System User.
82/150
E.ON Földgáz Storage Zrt.
Code of Business Conduct Annex No. 5.5:
Natural Gas Storage Capacity Contract on
Using and Providing Interruptible
Capacity
VI OPERATIVE FLOW OF INFORMATION
1. In the course of its daily activities, EFS shall cooperate with the Transmission Company and
the Transmission Operator to fulfil its obligations towards the System User.
2. The Parties ensure that besides the regular contacts specified in this present Contract, they
shall notify each other of all incidents which may have an effect on their cooperation, and they
facilitate smooth communication via consultation opportunities and the proper dataflow.
3. Information and data flow between the Parties are governed by the Grid Code and the ÁSZF.
VII STORAGE FEE
1. Capacity booking fees payable by the System User shall be determined by EFS pursuant to the
fee items set forth in the Code of Business conduct and the ÁSZF.
As of the date the Tariff Decree introduces the heat quantity based storage fee calculation, the
calculation of the storage fees shall exclusively be based on heat quantity [MJ].
VIII GOVERNING LAW, SETTLEMENT OF DISPUTES
The Parties agree to settle the disputes relating to the Natural Gas Storage Contract primarily
via amicable negotiation.
Failing such settlement in any disputes arising from or relating to the Natural Gas Storage
Contract or its breach, termination, validity or interpretation, both parties hereby agree to
subject themselves to the exclusive jurisdiction of the Permanent Court of Arbitration
(Budapest) operating at the Hungarian Chamber of Commerce and Industry, provided that the
Court of Arbitration proceeds according to its own Rules of Procedure. The number of
arbitrators shall be three. The language of procedure shall be Hungarian.
IX DATE OF TAKING EFFECT
1. This Contract shall be applied by the Parties to their existing legal relation in the same subject
as of _______.
X MISCELLANEOUS PROVISIONS
1. Contact Persons
In issues related to the Contract:
On behalf of the System User:
On behalf of EFS:
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Code of Business Conduct Annex No. 5.5:
Natural Gas Storage Capacity Contract on
Using and Providing Interruptible
Capacity
Phone:
Fax:
email:
In issues of daily operative contact:
On behalf of the System User:
Phone:
Fax:
email:
On behalf of EFS: Dispatching service
Phone: 52/362-574
Fax: 52/558-044
email: storage.dispacher@eon-foldgaz.com
This present Contract is valid together with the attached Annexes, which form an inseparable part
thereof.
Budapest,
E.ON Földgáz Storage Zrt. System User
................................................................... ......................................................................
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Code of Business Conduct Annex No. 5.6:
Lon-Term Contract on Using and Providing
Seasonal Basic Natural Gas Storage
Service
LONG-TERM CONTRACT ON USING AND PROVIDING SEASONAL BASIC
NATURAL GAS STORAGE SERVICE
concluded by and between
seat:
mailing address:
bank account No.:
invoicing address:
tax No.:
Court of Registration
and Reg. No.:
hereinafter referred to as System User
and E.ON Földgáz Storage Private Natural Gas Storage
Company Limited by Shares
seat: 1051 Budapest, Széchenyi István tér 7-8.
Mailing address: 1399 Budapest, Pf. 645.
account keeping bank: Deutsche Bank
bank account No.: 16300000-04008363-90006405
invoicing address: 1051 Budapest, Széchenyi István tér 7-8.
tax No.: 12543317-2-44
Court of Registration Budapest Court as Court of Registration,
and Reg. No.: Cg. 01-10-045043
hereinafter referred to as EFS
or jointly referred to as the Parties at the undersigned place and date with the following terms and
conditions:
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Code of Business Conduct Annex No. 5.6:
Lon-Term Contract on Using and Providing
Seasonal Basic Natural Gas Storage
Service
I SUBJECT AND DURATION OF CONTRACT
1. The subject matter of this Contract on Using and Providing Seasonal Basic Service in Natural
Gas Storage (hereinafter referred to as Contract)is the storage of natural gas owned by the
System User, along with its uninterruptible injection into and withdrawal from the Hungarian
underground gas storage facilities owned and operated by EFS according to the quantity
parameters as per Chapter III and quality parameters as per Chapter IV.
2. Pursuant to this Contract EFS shall – upon the contractual instruction of the System User –
inject the natural gas taken over for the purpose of natural gas storage during the period as per
Section I.4, shall keep it in its storage facilities and shall withdraw it in the period as per
Section I.4.
3. This present Contract has been concluded for a definite period of years. The Contract shall
start at 06:00 on 1st April 20__ and shall expire at 06:00 on 1st April 20__.
4. The Parties contract for using and providing a seasonal basic service. The contractual injection
and withdrawal cycle starts at _, and shall end at _. The withdrawal cycle shall start at _, and
shall end at _.
II GENERAL TERMS
1. In issues not regulated by the Contract, the provisions of the General Terms and Conditions
(hereinafter referred to as ÁSZF), Annex No. 5 of the Code of Business Conduct shall apply.
2. By signing this Contract, the System User acknowledges to have fully read and understood the
content of the ÁSZF herein mentioned – available on the EFS web page (www.eon-foldgaz-
storage.com) –considers it to be the part of this Contract, and so agrees to be bound by it. The
Parties shall deem the content of ÁSZF annexed to the Code of Business Conduct approved by
the Hungarian Energy Office to be the same as the usual contracting practice.
3. Special conditions not stipulated in the ÁSZF shall be specified in this Contract.
III PROVISION OF STORAGE CAPACITIES
1. Non-interruptible storage capacities available for the System User are as follows:
mobile capacity: MJ
injection (peak) capacity: MJ/day
withdrawal (peak)capacity: MJ/day.
The System User explicitly consents to converting the above capacities from m3 to heat
quantity at the value of 1 m3 = 34.3 MJ as published by EFS.
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Code of Business Conduct Annex No. 5.6:
Lon-Term Contract on Using and Providing
Seasonal Basic Natural Gas Storage
Service
2. The monthly schedule for injection and withdrawal for the storage year is contained in Annex
No. 1. The System User shall submit the monthly schedule of the injection and withdrawal
quantities for the storage year not later than _. The System User shall submit the monthly
schedule of the injection and withdrawal quantities for the storage year not later than _.
3. The System User understands that the actual injection and withdrawal capacity may vary
according to the mobile gas stocks and to other, inevitably changing parameters and boundary
conditions. The availability of capacities and the minimum and maximum injection and
withdrawal capacity values are published by EFS on its website and on the EFS IT Platform
for the System Users.
4. In case of a positive closing stock for the System User, EFS shall be entitled to act according
to Section 3.12 of KHEM Decree No. 31/2009 (VI.25.) (Tariff Decree).
If required by the System User, EFS provides withdrawal opportunity in the injection cycle,
and injection opportunity in the withdrawal cycle via its virtual storage service for which the
Parties conclude a separate contract.
5. The System User may use interruptible capacities as well according to the prescriptions of
Annex No. 5, for which the Parties also conclude a separate contract.
6. The System User shall weekly submit the planned injection and withdrawal quantities for the
following week in writing (via fax) until 12:00 Friday of the previous week. This is required
for planning the operation of the storage facilities, yet this is not equal to the weekly
nomination. However, if the System User’s nomination submitted for the given day deviates
more than 15% from the planned schedule, and thus endangers the service provision to those
System Users who use the storage services according to their forecast, EFS reserves the right
to refuse the nomination in full or in part.
7. EFS shall be financially responsible for preserving the heat quantity of the actually injected
gas, for its settlement and for the injection and withdrawal thereof according to Section III.1
herein.
8. EFS shall not be obliged to ensure injection and withdrawal capacities exceeding the capacity
values stipulated by Section III.1 of the Contract, nor to inject more mobile capacity, or to
conduct withdrawal activities exceeding the actually injected mobile volume quantities.
9. System Users shall submit also to EFS the storage demand forecasts with the date and content
prescribed by Section 8.1.4.1 of the Grid Code.
10. If during the term of the Contract System Users sell capacity on the secondary capacity trade
market or sell mobile gas to other System Users, they shall pay a transaction fee as per the
ÁSZF upon the invoice issued by EFS.
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Code of Business Conduct Annex No. 5.6:
Lon-Term Contract on Using and Providing
Seasonal Basic Natural Gas Storage
Service
IV STORAGE GAS QUALITY
1. EFS undertakes to inject natural gas which meets the quality parameter specifications of
standard MSZ 1648
V NATURAL GAS DELIVERY AND ACCEPTANCE, MEASUREMENT, SETTLEMENT
1. According to Section I.3.2 of the Code of Business Conduct, EFS manages the storage
facilities as a unified whole. Based on the daily nomination submitted by the System User for
the unified storage facility, EFS shall allocate the gas quantity to be injected or withdrawn to
the relevant underground gas storage facilities. EFS shall undertake to deliver the nominated
quantities allocated for the relevant storage facilities, and in case of non-performance, EFS
shall cover the surcharges and balancing costs incurred by the System User.
VI OPERATIVE FLOW OF INFORMATION
1. In the course of its daily activities, EFS shall cooperate with the Transmission Company and
the Transmission Operator in order to fulfil its obligations towards the System User.
2. The Parties ensure that besides the regular contacts specified in this present Contract, they
shall notify each other of all incidents which may have an effect on their cooperation, and they
facilitate smooth communication via consultation opportunities and the proper dataflow.
3. Information and data flow between the Parties are governed by the Grid Code and the ÁSZF.
VII STORAGE FEE
1. Capacity booking and turnover fees payable by the System User shall be determined by EFS
pursuant to the fee items set forth in the Tariff Decree, to which fee EFS may apply a discount
in case of long-term bookings for several years. Capacity fees shall be invoiced according to
the Tariff Decree in equal monthly instalments, turnover fees shall be invoiced upon the actual
monthly turnover.
2. If the Tariff Decree is not valid for the storage services in the contractual period, EFS shall be
entitled to adjust the fees of the preceding storage year for the following year at the beginning
of the storage year of the contract (1st July) according to the average annual price index
forecast relevant for the given year as specified in the latest publication of the Hungarian
National Bank called “Report on inflation”.
3. The modifications of the fee items in the Tariff Decree shall become part of this Contract on
the date of their taking effect, and thus such modifications shall be applied by the Parties as of
the date the regulation enters into force.
4. As of the date the Tariff Decree introduces the heat quantity based storage fee calculation, the
calculation of the EFS storage fees shall exclusively be based on heat quantity [MJ].
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Code of Business Conduct Annex No. 5.6:
Lon-Term Contract on Using and Providing
Seasonal Basic Natural Gas Storage
Service
VIII GOVERNING LAW, SETTLEMENT OF DISPUTES
The Parties agree to settle the disputes relating to the contract primarily via amicable
negotiation.
Failing such settlement in any disputes arising from or relating to the contract or its breach,
termination, validity or interpretation, both parties hereby agree to subject themselves to the
exclusive jurisdiction of the Permanent Court of Arbitration (Budapest) operating at the
Hungarian Chamber of Commerce and Industry, provided that the Court of Arbitration
proceeds according to its own Rules of Procedure. The number of arbitrators shall be three.
The language of procedure shall be Hungarian.
IX DATE OF TAKING EFFECT
1. This Contract shall be applied by the Parties to their existing legal relation in the same subject
as of __.
X MISCELLANEOUS PROVISIONS
1. Contact Persons
In issues related to the Contract:
On behalf of the System User:
On behalf of EFS: Balázs Lakatos
Phone: 1/354-7058, 30/269-0775
Fax: 1/354-7045
email: balazs.lakatos@eon-foldgaz.com
On behalf of the System User:
Phone:
Fax:
email:
In issues of daily operative contact:
On behalf of the System User: the System User’s person on duty
Phone:
Fax:
email:
On behalf of EFS: Dispatching service
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Code of Business Conduct Annex No. 5.6:
Lon-Term Contract on Using and Providing
Seasonal Basic Natural Gas Storage
Service
Phone: 52/362-574
Fax: 52/558-044
email: storage.dispacher@eon-foldgaz.com
This present Contract is valid together with the attached Annexes, which form an inseparable part
thereof.
Budapest,
E.ON Földgáz Storage Zrt. System User
......................................................................
Annexes:
Annex No. 1: Planned injection and withdrawal turnover data
Annex No. 2: Storage fees
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Code of Business Conduct Annex No. 5.7:
Commission Sales Contract
COMMISSION SALES CONTRACT
Concluded by and between
………………………………………..
Seat: ………………..
Company registration number: ………………………….
Tax number: …………………………
Account keeping bank: ……………………….
Bank account number: …………………..
hereinafter referred to as Principal /company name/,
and
E.ON Földgáz Storage Private Natural Gas Storage Company Limited by Shares
Seat: 1051 Budapest, Széchenyi István tér 7-8.
Mailing address: 1399 Budapest, Pf. 645.
Accounting keeping bank: Deutsche Bank
Account number: 16300000-04008363-90006405
Mailing address of invoices: 1051 Budapest, Széchenyi István tér 7-8.
Tax number: 12543317-2-44
Court of Registration and Reg. No: Budapest Court as Court of Registration, Cg.
01-10-045043
hereinafter referred to as Agent
together as the ‘Parties’ on this day with the following terms and conditions:
I INTRODUCTION, ANTECEDENTS
1. The Parties record that a Natural gas storage capacity contract was concluded between them
on 1st April 200. in relation to the 200./200. storage year.
II OBJECTIVE OF CONTRACT
1. In relation to the use of the storage capacity within the framework of Principal's natural gas
storage capacity contract, Principal assigns Agent with the commission sales of the storage
capacities determined in section III of this present Contract.
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Code of Business Conduct Annex No. 5.7:
Commission Sales Contract
2. Agent accepts the assignment and assumes liability for the performance of the same, in return
for which Agent shall be entitled to an agency fee as determined in section VI of this present
Contract.
III SUBJECT OF CONTRACT
1. Pursuant to this present Contract in the 200. / 200. storage years Principal sells the part of the
storage facility capacities booked in the natural gas storage capacity contract as determined by
Principal through Agent.
Mobile Capacity: m3
Injection capacity: m3/day
Withdrawal capacity: m3/day
2. Agent is responsible for selling the storage facility capacities taken over in commission from
Principal.
3. In the course of performing this Contract the Parties consider the Natural gas storage contract
and Agent’s Code of Business Conduct as applicable.
IV GENERAL CONDITIONS
1. In issues not regulated by the Contract, the provisions of Annex 5 to the Code of Business
Conduct shall apply.
2. By signing this present Contract the System User acknowledges to have fully read and
understood the content of Annex 5 to the Code of Business Conduct (ÁSZF) herein mentioned
– available on the EFS website (www.eon-foldgaz-storage.com) -, and considers the same as
part of this Contract and so agrees to be bound by it. The Parties shall deem the content of
Annex no. 5 (ÁSZF) to the Code of Business Conduct approved by the Hungarian Energy
Office to be the same as the usual contracting practice.
3. This Contract stipulates the special terms and conditions not recorded in the ÁSZF in relation
to the commission sales.
V EFFECT AND DURATION OF CONTRACT
1. This present Contract come into effect by signature. The agency task of the Agent pursuant to
this present Contract commences on …. 200. and terminates on …… 200..
VI FEE DUE TO THE AGENT
1. The storage fee of the sold capacity for the period between ……. 200. and ………. 200. is
HUF ………. The agency fee is 0.5 % of the storage fee. The agency fee is due to the Agent
in the event the capacity sales contract is concluded between the Principal and the System
User purchasing the capacity. Agent is shall the Principal of the performance of the agency
task without delay, but not later than within 48 hours.
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Code of Business Conduct Annex No. 5.7:
Commission Sales Contract
VII SETTLEMENT AND INVOICING
1. The agency fee cannot be invoiced separately pursuant to the act on value added tax. In
conformity with the valid legal and accountancy related provisions, the Agent shall invoice the
agency fee not directly but as a decrease in the purchase price collected from the capacity
sales.
2. After the sales of the storage capacity Agent shall transfer the part of the fee collected from
the sales decreased with the agency fee to Principal’s designated bank account number within
30 days. The payment deadline of the invoice is the 30th calendar day after issuing the invoice.
If the payment deadline falls on a public holiday or a bank holiday, the term of payment shall
be the first working day following the public holiday or bank holiday.
VIII PAYMENT METHOD
1. The payment method regarding all and any payment obligation charged on either Party
pursuant to this present Contract is as follows: the transfer of the amount indicated on the
invoice or debit letter to the bank account number of the Parties designated in this present
Contract.
2. Payments shall be considered as effectuated on the day when the amount transferred by the
bank of the Party obligated to settle the payment is credited on the other Party’s bank account.
IX GOVERNING LAW AND SETTLEMENT OF DISPUTES
1. In issues not regulated by this present Contract, the Natural gas storage contract and the
prevailing Hungarian legal provisions, especially the Civil Code, the Gas Act, the decrees
issued for the implementation of the Gas Act as well as the stipulations of the Grid Code shall
apply.
2. The Parties agree to settle the disputes via amicable negotiation. Failing such settlement in any
disputes arising from or relating to the contract or its breach, termination, validity or
interpretation, both parties hereby agree to subject themselves to the exclusive jurisdiction of
the Permanent Court of Arbitration (Budapest) operating at the Hungarian Chamber of
Commerce and Industry: The Court of Arbitration shall proceed according to its own Rules of
Procedure, their decision shall be final and binding.
X KEEPING CONTACT, LIST OF PERSONS ENTITLED TO DECLARATION
On behalf of Principal:
name:
Address:
Telephone:
Facsimile:
e-mail:
On behalf of Agent:
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Code of Business Conduct Annex No. 5.7:
Commission Sales Contract
name:
Address:
Telephone:
Facsimile:
e-mail:
Budapest, ……………….
E.ON Földgáz Storage Zrt. Principal
............................................................................. ……..............................................................
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Code of Business Conduct Annex No. 5.8:
Natural Gas Storage Capacity Framework
Contract on Commercial Virtual Storage
Service (EFS+)
NATURAL GAS STORAGE CAPACITY FRAMEWORK CONTRACT ON
COMMERCIAL VIRTUAL STORAGE SERVICE (EFS+)
concluded by and between
seat:
mailing address:
bank account No.:
invoicing address:
tax No.:
Court of Registration
and Reg. No.:
hereinafter referred to as System User
and E.ON Földgáz Storage Private Natural Gas Storage
Company Limited by Shares
seat: 1051 Budapest, Széchenyi István tér 7-8.
Mailing address: 1399 Budapest, Pf. 645.
account keeping bank: Deutsche Bank
bank account No.: 16300000-04008363-90006405
invoicing address: 1051 Budapest, Széchenyi István tér 7-8.
tax No.: 12543317-2-44
Court of Registration Budapest Court as Court of Registration, Cg.
and Reg. No.: 01-10-045043
hereinafter referred to as EFS
or jointly referred to as the Parties at the undersigned place and date with the following terms and
conditions:
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E.ON Földgáz Storage Zrt.
Code of Business Conduct Annex No. 5.8:
Natural Gas Storage Capacity Framework
Contract on Commercial Virtual Storage
Service (EFS+)
I SUBJECT AND DURATION OF CONTRACT
1. The subject matter of this Natural Gas Storage Virtual Capacity Contract (hereinafter referred
to as Contract) is the System User’s gas turnover in the opposite direction of the physical
turnover and/or the announced seasonal storage direction, i.e.: injection in the withdrawal
season, and withdrawal in the injection period in the Hungarian underground storage facility
owned and operated by EFS, under the conditions specified in the sections below.
2. This present Contract has been concluded for a definite period.
3. The Parties contract for one (1) full storage cycle. The contractual storage cycle shall start at
06:00 on 1st ___and shall expire at 06:00 on _____.
II GENERAL TERMS
1. In issues not regulated by the Contract, the provisions of the General Terms and Conditions
(hereinafter referred to as ÁSZF), Annex No. 5 of the Code of Business Conduct shall apply.
2. By signing this Contract, the System User acknowledges to have fully read and understood the
content of the ÁSZF herein mentioned – available on the EFS web page (www.eon-foldgaz-
storage.com) – and considers it to be the part of this Contract, and so agrees to be bound by it.
The Parties shall deem the content of ÁSZF annexed to the Code of Business Conduct
approved by the Hungarian Energy Office to be the same as the usual contracting practice.
3. Special conditions not stipulated in the ÁSZF shall be specified in this Contract and in the
EFS plus product description document forming an inseparable part thereof.
III EFS PLUS STORAGE SERVICE CONDITIONS
1. The product may be used as interruptible capacity on any day of the year.
2. During the nomination of virtual quantities, using an option is not possible.
3. The System User shall submit the requested EFS Plus quantity during nomination before the
gas day.
4. The System User understands that currently available virtual injection and withdrawal
capacities vary according to the nominations submitted by the other system user.
IV NOMINATION, ALLOCATION
1. According to Section I.3.2 of the Code of Business Conduct, EFS manages the storage
facilities as a unified whole. Based on the daily nomination submitted by the System User for
the unified storage facility, EFS shall distribute the gas quantity to be injected or withdrawn
between the underground gas storage facilities. EFS shall undertake to deliver the nominated
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Code of Business Conduct Annex No. 5.8:
Natural Gas Storage Capacity Framework
Contract on Commercial Virtual Storage
Service (EFS+)
quantities EFS verified for the unified storage facility, and in case of non-performance, EFS
shall cover the surcharges and balancing costs incurred by the System User. The detailed rules
and form of nomination shall be determined on announcement.
V EFS PLUS SERVICE FEE
The capacity fee for the EFS Plus storage service is 0.1 HUF/MJ/day.
The EFS Plus capacity fee shall be paid for the virtually withdrawn and injected quantities if
virtual injection/ withdrawal service was used.
The financial settlement and invoicing of the EFS Plus storage service shall be carried out
subsequently upon the accepted daily nominated value, and not according to the actually
allocated quantity.
For those days when EFS interrupts the virtual service, the System User is not obliged to pay
the fee up to the amount of interruption.
The System User shall pay the injection and withdrawal turnover fees related to using the EFS
Plus according to the System User’s capacities booked via the annual storage contract and
pursuant to the fees set forth by the Tariff Decree.
VI GOVERNING LAW, SETTLEMENT OF DISPUTES
The Parties agree to settle the disputes relating to this present Contract primarily via amicable
negotiation.
Failing such settlement in any disputes arising from or relating to this present Contract or its
breach, termination, validity or interpretation, both parties hereby agree to subject themselves
to the exclusive jurisdiction of the Permanent Court of Arbitration (Budapest) operating at the
Hungarian Chamber of Commerce and Industry, provided that the Court of Arbitration
proceeds according to its own Rules of Procedure. The number of arbitrators shall be three.
The language of procedure shall be Hungarian.
VII DATE OF TAKING EFFECT
1. This Contract shall be applied by the Parties to their existing legal relation in the same subject
as of ___.
VIII MISCELLANEOUS PROVISIONS
1. Contact Persons
In issues related to the Contract:
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Code of Business Conduct Annex No. 5.8:
Natural Gas Storage Capacity Framework
Contract on Commercial Virtual Storage
Service (EFS+)
On behalf of the System User:
On behalf of EFS: Balázs Lakatos
Phone: +36 30 2690775
Fax: +36 1 354 7045
email: balazs.lakatos@eon-foldgaz.com
In issues of daily operative contact:
On behalf of the System User:
Phone:
Fax:
email:
On behalf of EFS: Dispatching service
Phone: 52/362-574
Fax: 52/558-044
email: storage.dispacher@eon-foldgaz.com
This present Contract is valid together with the attached Annexes, which form an inseparable part
thereof.
Annex:
EFS Plus Storage Product Description
Budapest,
E.ON Földgáz Storage Zrt. System User
.............................................................. ...................................................................
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Code of Business Conduct Annex No. 5. 9.: Long-Term Contract
on Using and Providing Bundled Natural Gas Storage Service
LONG-TERM CONTRACT ON USING AND PROVIDING BUNDLED NATURAL GAS
STORAGE SERVICE
concluded by and between
seat:
mailing address:
account keeping bank:
bank account No.:
invoicing address:
tax No.:
court of Reg. and Reg. No.:
hereinafter referred to as System User
and E.ON Földgáz Storage Private Natural Gas Storage Company
Limited by Shares
seat: 1051 Budapest, Széchenyi István tér 7-8.
mailing address: 1399 Budapest, Pf. 645.
account keeping bank: Deutsche Bank
bank account No.: 16300000-04008363-90006405
invoicing address: 1051 Budapest, Széchenyi István tér 7-8.
tax No.: 12543317-2-44
court of Reg. and Reg. No.: Budapest Court as Court of Registration, Cg. 01-10-045043
hereinafter referred to as EFS
or jointly referred to as the Parties at the undersigned place and date with the following terms and
conditions:
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Code of Business Conduct Annex No. 5. 9.: Long-Term Contract
on Using and Providing Bundled Natural Gas Storage Service
I SUBJECT AND DURATION OF CONTRACT
1. The subject of this Long-Term Contract on Using and Providing Bundled Natural Gas Storage
Service (hereinafter referred to as Contract) covers:
(i) the provision of additional capacity to the natural gas owned by the System User and
injected into the EFS storage facilities pursuant to the contract dated .... 20...., and
(ii) the uninterruptible injection into and withdrawal of the natural gas owned by the System
User, from the Hungarian underground gas storage facilities owned and operated by EFS
according to the quantity parameters as per Chapter III and quality parameters as per
Chapter IV.
2. For the purpose of this Contract:
(i) EFS shall provide further capacity as per Section III.1 with regard to the natural gas already
injected pursuant to the contract concluded on ... 201.., and
(ii) EFS shall – upon the contractual instruction of the System User – inject the natural gas
taken over for the purpose of natural gas storage during the period as per Section I.4, shall
keep it in its storage facilities and shall withdraw it in the period as per Section I.4, pursuant
to the provisions as per Section III.2.
3. This present Contract has been concluded for a definite period of .... years. The contract shall
commence at 06:00 on 1st April 201.., and shall end at 06:00 on 1st April 201..
4. The Parties contract for using and providing Bundled Service.
(i) The System User may use the capacity in the given gas year.
(ii) The contractual injection and withdrawal cycles shall be the periods announced by EFS in
each storage year. In the first year, the injection cycle shall commence at 06:00 1st April
201.. and shall end at 06:00 on 1st October 201.., while the withdrawal cycle shall
commence at 06:00 on1st October 201.. and shall end at 06:00 on 1st April 201...
II GENERAL TERMS
1. In issues not regulated by the Contract, the provisions of the General Terms and Conditions
(hereinafter referred to as ÁSZF), Annex No. 5 of the Code of Business Conduct shall apply.
2. By signing this Contract, the System User shall acknowledge to have fully read and understood the
content of the ÁSZF herein mentioned – as available on the EFS website (www.eon-foldgaz-
storage.com) – and considers it to be the part of this Contract, and so agrees to be bound by it. The
Parties shall deem the content of ÁSZF annexed to the Code of Business Conduct approved by the
Hungarian Energy Office to be the same as the usual contracting practice.
3. Special conditions not stipulated in the ÁSZF shall be specified in this Contract.
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Code of Business Conduct Annex No. 5. 9.: Long-Term Contract
on Using and Providing Bundled Natural Gas Storage Service
III PROVISION OF STORAGE CAPACITIES
1. Withdrawal capacity available to the System User: ………..m3 / day………MJ/day
2. Non-interruptible storage capacities available to the System User are as follows:
mobile capacity: m3 (MJ),
injection (peak) capacity: m3/nap (MJ/day),
withdrawal (peak) capacity: m3/nap (MJ/day)
The System User shall maintain the booked mobile capacities at the above level and the injection
and withdrawal peak capacities at least at the above specified technical ratio in the storage years of
201.. / 201.. and 201../201.., and shall make adjustments according to the price level pursuant to the
technical ratios set forth in the prevailing system usage tariff decree.
In case the legal provisions pertaining to the technical ratios are repealed, the System User shall
undertake to book a minimum .. day ratio for withdrawal capacity, and a minimum ... day ratio for
injection capacity. The above said minimum withdrawal and injection capacity ratios construe that
the system user shall books at least and not slower than this withdrawal and injection capacity day
ratio.
3. The System User undertakes to use maximum ...% of the capacities specified in Subsection 2 to
supply users eligible for universal service (USP) and at least ..% to supply users not eligible for
universal service (non-USP).
This obligation shall be fulfilled by the System User only at the beginning of the storage year
2011/... and 2012/....
4. If due to the changes of the relating rules of law or the sectoral regulations (e.g.: tariff decree, Grid
Code) the full annual storage booking of the capacities delivered by the System User - due to
consumer exits resulting from the switching of traders - is not guaranteed for EFS by the rule of law
or the sectoral regulations, the System User maintains the capacities booked pursuant to Section
III.2 for every month of the rest of the contractual period by returning the delivered capacities to the
System User.
5. The monthly schedule for injection and withdrawal relating to the storage year 201…/201… is
contained in Annex No. 1. The System User shall submit the monthly schedule of injection and
withdrawal quantities in the storage year 201…1/201… until 1st March 201... the latest. The
System User shall submit the monthly schedule of injection and withdrawal quantities in the storage
year 201…1/201… until 1st March 201... the latest.
6. The System User understands that the actual injection and withdrawal capacity may vary according
to the mobile gas stocks and to other, inevitably changing parameters and boundary conditions. The
availability of capacities and the minimum and maximum injection and withdrawal capacity values
are published by EFS on its website for the System Users.
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7. In case of a positive closing stock for the System User, EFS shall be entitled to act according to
Section 3.12 of KHEM Decree No. 31/2009. (VI. 25.) (Tariff Decree).
If required by the System User, EFS provides withdrawal opportunity in the injection cycle, and
injection opportunity in the withdrawal cycle via its virtual storage service for which the Parties
conclude a separate contract.
8. The System User may use interruptible capacities as well according to the prescriptions of Annex
No. 5, for which the Parties also conclude a separate contract.
9. The System User shall weekly submit the planned injection and withdrawal quantities for the
following week in writing (via fax) until 12:00 Friday of the previous week. This is required for
planning the operation of the storage facilities, yet this is not equal to the weekly nomination.
However, if the System User’s nomination submitted for the given day deviates more than 15%
from the planned schedule, and thus endangers service provision to those System Users who use the
storage services according to their forecast, EFS reserves the right to refuse the nomination in full or
in part.
10. EFS shall be financially responsible for preserving the actually injected gas, for its settlement and
for the injection and withdrawal thereof according to Section III.2 herein.
11. EFS shall not be obliged to ensure injection and withdrawal capacities exceeding the capacity
values stipulated by Section III.2 of the Contract, nor to inject more mobile capacity, or to conduct
withdrawal activities exceeding the actually injected mobile volume quantities.
12. System Users shall submit also to EFS the storage demand forecasts with the date and content
prescribed by Section 8.1.4.1 of the Grid Code.
13. If during the term of the Contract System Users sell capacity on the secondary capacity trade market
or sell mobile gas to other System Users, they shall pay a transaction fee as per the ÁSZF upon the
invoice issued by EFS.
14. The Parties explicitly agree that one of the primary bases of settlement between the Parties shall be
the USP/non-USP ratio specified by the System User. The Parties explicitly conclude this contract
on this ratio, therefore they shall not intend to modify this ratio. If the USP/non-USP booking
obligation is cancelled according to the relating rules of law, the System User shall use the service
of EFS in the relevant storage year(s) in a value equal to the fee difference generated by the
difference between the USP/non-USP ratio herein stipulated and the new ratio. The Parties shall
conclude the relating contract within 30 days.
IV STORAGE GAS QUALITY
1. EFS undertakes to inject natural gas which meets the quality parameter specifications of standard
MSZ 1648.
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Code of Business Conduct Annex No. 5. 9.: Long-Term Contract
on Using and Providing Bundled Natural Gas Storage Service
V NATURAL GAS DELIVERY AND ACCEPTANCE, MEASUREMENT, SETTLEMENT
1. According to Section I.3.2 of the Code of Business Conduct, EFS manages the storage facilities as a
unified whole. Based on the daily nomination submitted by the System User for the unified storage
facility, EFS shall allocate the gas quantity to be injected or withdrawn to the relevant underground
gas storage facilities. EFS shall undertake to deliver the nominated quantities allocated for the
relevant storage facilities, and in case of non-performance, EFS shall cover the surcharges and
balancing costs incurred by the System User.
VI OPERATIVE FLOW OF INFORMATION
1. In the course of its daily activities, EFS shall cooperate with the Transmission Company and the
Transmission Operator to fulfil its obligations towards the System User.
2. The Parties ensure that besides the regular contacts specified in this present Contract, they shall
notify each other of all incidents which may have an effect on their cooperation, and they facilitate
smooth communication via consultation opportunities and proper dataflow.
3. Information and data flow between the Parties are governed by the Grid Code and the ÁSZF.
VII STORAGE FEE
1. Fees payable by the System User shall be determined by EFS according to the fee items specified in
its Code of Business Conduct pursuant to the fee items set forth in the Tariff Decree. The extent of
fees and their payment schedule are contained in Annex No. 1.
2. If under the duration of this contract the Tariff Decree expires for storage services, EFS shall be
entitled to index the storage contract according to the following at the beginning of each gas year
(on 1st July):
a. capacity fee (mobile capacity, withdrawal capacity, injection capacity) to be adjusted with
the annual producer price index of the energy industry as published by the Central
Statistical Office for the preceding year (from 1st July to 1st July),
b. turnover fees (injection turnover fee and withdrawal turnover fee) to be adjusted with the
annual producer price index of the energy industry as published by the Central Statistical
Office for the preceding year (from 1st July to 1st July),
EFS shall undertake to apply the discount specified in Annex No. 1 to the indexed prices in the
event that the Tariff Decree terminates.
3. The modifications of the fees specified in the Tariff Decree will become a part of the Contract
simultaneously with their coming into force; therefore the Parties shall apply the modifications as of
the Decree’s effective date.
4. In line with the prevailing tariff decree and not later than the 5th working day following the base
month, the System User shall supply data on the primary USP capacity changes relating to the 1st
day of the base month.
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5. As of the date the Tariff Decree introduces the heat quantity based storage fee calculation, the
calculation of the EFS storage fees shall exclusively be based on heat quantity [MJ].
VIII GOVERNING LAW, SETTLEMENT OF DISPUTES
1. The Parties shall agree to settle the disputes relating to the Contract primarily via amicable
negotiation.
2. Failing such settlement in any disputes arising from or relating to the Contract or its breach,
termination, validity or interpretation, both parties hereby agree to subject themselves to the
exclusive jurisdiction of the Permanent Court of Arbitration (Budapest) operating at the Hungarian
Chamber of Commerce and Industry, provided that the Court of Arbitration proceeds according to
its own Rules of Procedure. The number of arbitrators shall be three. The language of procedure
shall be Hungarian.
IX DATE OF TAKING EFFECT
1. This Contract shall be applied by the Parties to their existing legal relation in the same subject as of
1st April 201.. .
X MISCELLANEOUS PROVISIONS
1. Contact Persons
In issues related to the Contract:
On behalf of the System User:
On behalf of EFS: Balázs Lakatos
Phone: 1/354-7058, 30/269-0775
Fax: 1/354-7045
email: balazs.lakatos@eon-foldgaz.com
On behalf of the System User:
Phone:
Fax:
email:
In issues of daily operative contact:
On behalf of the System User: the System User’s person on duty
Phone:
Fax:
email:
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On behalf of EFS: Dispatching service
Phone: 52/362-574
Fax: 52/558-044
email: storage.dispacher@eon-foldgaz.com
This present Contract is valid together with the attached Annexes, which shall form an inseparable part
thereof.
Budapest,
E.ON Földgáz Storage Zrt. System User
................................................................. ……..............................................................
Annexes:
Annex No. 1: Monthly schedule of planned injection and withdrawal turnover data for the storage year
201../201...
Annex No. 2.: Storage Fees
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Code of Business Conduct Annex No. 5. 10.: Contract on
Portfolio Management Service
5.10. CONTRACT ON PORTFOLIO MANAGEMENT SERVICE
concluded by and between
seat:
mailing address:
account keeping bank:
bank account No.:
invoicing address:
tax No.:
court of Reg. and Reg. No.:
hereinafter referred to as System User
and E.ON Földgáz Storage Private Natural Gas Storage
Company Limited by Shares
seat: 1051 Budapest, Széchenyi István tér 7-8.
mailing address: 1399 Budapest, Pf. 645.
account keeping bank: Deutsche Bank
bank account No.: 16300000-04008363-90006405
invoicing address: 1051 Budapest, Széchenyi István tér 7-8.
tax No.: 12543317-2-44
court of Reg. and Reg. No.: Budapest Court as Court of Registration, Cg. 01-10-045043
hereinafter referred to as EFS
or jointly referred to as the Parties at the undersigned place and date with the following terms and
conditions:
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Code of Business Conduct Annex No. 5. 10.: Contract on
Portfolio Management Service
I SUBJECT OF CONTRACT
1. The System User and EFS has concluded a capacity booking contract effective for the storage
year 2011/2012.
2. Pursuant to this “Template Contract on Portfolio Management Service” (hereinafter referred
to as Contract) EFS facilitates it for the System Users to divide their booked capacities into
portfolio parts under the conditions set forth herein.
II GENERAL TERMS
1. In issues not regulated by the Contract, the provisions of the General Terms and Conditions
(hereinafter referred to as ÁSZF), attached as Annex No. 5 to the Code of Business Conduct
shall apply.
2. By signing this Contract, the System User shall acknowledge to have fully read and
understood the content of the ÁSZF herein mentioned – as available on the EFS website
(www.eon-foldgaz-storage.com) – and considers it to be the part of this Contract, and so
agrees to be bound by it. The Parties shall deem the content of ÁSZF annexed to the Code of
Business Conduct approved by the Hungarian Energy Office to be the same as the usual
contracting practice.
3. Special conditions not stipulated in the ÁSZF shall be specified in the Contract and in the
“Portfolio Management Service” product description document attached inseparably as
Annex No. 1 to the Contract.
III FEATURES AND CONDITIONS OF PORTFOLIO MANAGEMENT SERVICE
1. This service is available to System Users with Natural gas storage contract and storage
capacity booking for the storage year 2011/12.
2. As part of the Portfolio Management Service, System Users are entitled to divide their booked
capacities into portfolio parts.
3. The capacity distribution within each portfolio part shall be reported by the System User to
EFS in writing on a monthly basis.
4. EFS shall keep record of the capacity distribution within each portfolio - based on the report
submitted by the System User.
5. The System User shall be obliged to send a nomination on the storage use of portfolio parts on
a daily basis in an email. EFS undertakes to send a monthly report to the System User on the
turnover data submitted by the System User.
6. Portfolio Management Service does not affect the daily storage operation and it has no effect
upon it whatsoever (thus has no effect on the issues of nomination, allocation or capacities).
This service is independent from daily operation and - based on the data submitted by the
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System User - it facilitates for the System User to demonstrate the portfolio parts of clients
belonging to the System User.
7. EFS does not consider the actual gas movement and capacity changes within the portfolios
belonging to the clients of the System User.
IV NOMINATION, ALLOCATION
1. The System User shall be obliged to send a nomination on the storage use of portfolio parts on
a daily basis in an email. Based on facts and nominations, EFS carries out the allocation for
the portfolio parts, and sends monthly report to the System User for each day.
2. The daily volume and stock transfer and capacity balance per portfolio service must equal to
the daily storage volume stock change and capacity balance of the service user.
V PORTFOLIO MANAGEMENT SERVICE FEE
The Buyer shall pay an annual fixed fee for the Portfolio Management Service. The annual
administrative fee per portfolio part shall be HUF 1 million + VAT each year, to be paid in
12-month instalments.
VI GOVERNING LAW, SETTLEMENT OF DISPUTES
The Parties shall agree to settle the disputes relating to this Contract primarily via amicable
negotiation.
Failing such settlement in any disputes arising from or relating to this Contract or its breach,
termination, validity or interpretation, both parties hereby agree to subject themselves to the
exclusive jurisdiction of the Permanent Court of Arbitration (Budapest) operating at the
Hungarian Chamber of Commerce and Industry, provided that the Court of Arbitration
proceeds according to its own Rules of Procedure. The number of arbitrators shall be three.
The language of procedure shall be Hungarian.
VII DURATION OF CONTRACT
1. The Contract shall take effect when signed by both parties, and shall be concluded for a
definite period until 06:00 .....
2. This Contract shall be applied by the Parties to their existing legal relation in the same subject
as of ___.
VIII MISCELLANEOUS PROVISIONS
1. Contact Persons
In issues related to the Contract:
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Code of Business Conduct Annex No. 5. 10.: Contract on
Portfolio Management Service
On behalf of the System User:
Phone:
e-mail:
On behalf of EFS: Balázs Lakatos
Phone: +36 30 2690775
Fax: +36 1 354 7045
email: balazs.lakatos@eon-foldgaz.com
In issues of daily operative contact:
On behalf of the System User:
Phone:
Fax:
email:
On behalf of EFS: Dispatching service
Phone: 52/362-574
Fax: 52/558-044
email: storage.dispacher@eon-foldgaz.com
This present Contract is valid together with the attached Annexes, which shall form an inseparable part
thereof.
2. Guarantee
The Parties shall agree that the bank guarantee or the gas the System User injects into the underground
natural gas storage facilities of EFS instead of the bank guarantee or as its financial extension - offered
by the System User as a guarantee for the natural gas storage fees - can also be used to settle the fee of
the service used under this Contract.
Budapest,
E.ON Földgáz Storage Zrt. System User
................................................................. ……..............................................................
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Code of Business Conduct Annex No. 5. 10.: Contract on
Portfolio Management Service
Annex No.: 1.
Portfolio Management Service
E.ON Földgáz Storage Zrt (EFS) issues a call for tenders for requesting Portfolio Management extra
service for the storage year 2011/2012.
Portfolio Management service facilitates the division of a buyer stock into portfolio parts and the
tracking of their development.
Rules of using the service:
1. This service is available to Buyers with Natural gas storage contract and storage capacity
booking for the storage year 2011/12.
2. EFS facilitates it for the Buyer to divide their booked capacities and stored stock into
portfolio parts.
3. Portfolio Management Service does not affect the daily storage operation, it has no effect
upon it whatsoever (nomination, allocation, capacities), as this is a service beyond daily
operation, facilitating the demonstration of buyer portfolios for its users.
4. EFS undertakes to send a monthly report on the capacity and volume data of portfolio parts.
5. The Buyer undertakes to submit to EFS each month the storage transactions within the
portfolio parts (withdrawal, injection, stock transfer, capacity transfer).
6. The daily volume and stock transfer and capacity balance per portfolio service must equal to
the daily storage volume stock change and capacity balance of the service User.
7. The Buyer shall pay an annual fixed fee for the Portfolio Management Service. The annual
administrative fee per portfolio part shall be HUF 1 million + VAT for each year.
The technical and commercial terms of using storage services are specified by the contract concluded
upon this offer and by the EFS Code of Business Conduct.
Payment and guarantee conditions, along with the financial guarantees shall be determined according
to the Tariff Decree, the Code of Business Conduct of EFS and the agreement between the parties.
Requesting the service
Requests shall be submitted to EFS in writing according to the following:
via e-mail:balazs.lakatos@eon-foldgaz.com or
via fax : +36 1 354 7045 or
via mail: E.ON Földgáz Storage Zrt. 1051 Budapest, Széchenyi István tér 7/8.
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Annex No. 2.
Protocol and Stock - Capacity Document
for Settling Underground Gas Storage Service
Subject: Day-based settlement of underground gas storage service
Reference period: 2011.
Service Provider: E.ON Földgáz Storage Zrt.
Service User:
Settlement Point: EFS Gas Storage
Mobile Stock Settlement
Heat quantity Volume Calorific Value
[MJ] [m3] [MJ/m3]
Opening stock: 0 0 0
Injection: 0 0 0
Stock purchase:
- from within EFT 0 0 0
- from outside EFT 0 0 0
EFS plus: 0 0 0
Withdrawal: 0 0 0
Stock sale:
- from within EFT 0 0 0
- from outside EFT 0 0 0
EFS plus: 0 0 0
Closing stock:
Capacity Settlement
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Mobile Capacity Withdrawal Capacity Injection Capacity
Annual booking [MJ] [MJ/day] [MJ/day]
Opening capacity 0 0 0
Within the year booking 0 0 0
Capacity purchase
- from within EFT 0 0 0
- from outside EFT 0 0 0
Capacity transfer
- from within EFT 0 0 0
- from outside EFT 0 0 0
Closing capacity 0 0 0
Mobile Capacity Withdrawal Capacity Injection Capacity
Interruptible booking [MJ] [MJ/day] [MJ/day]
Opening capacity n.a 0 0
Change n.a 0 0
Closing capacity n.a 0 0
On behalf of the Service
Provider: On behalf of the User:
Balázs Lakatos
E.ON Földgáz Storage Zrt.
Date: 2011.
Protocol issued by:
E.ON Földgáz Storage Zrt.
Budapest Széchenyi tér 7-8
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Code of Business Conduct Annex No. 6: Method of
calculation and parameters applied to settlement
SETTLEMENT PROCESS, PARAMETERS
1. Bases of settlement, description of settlement period
The settlement between the Parties for the unified storage facility is based on
(a) the injection, withdrawal and mobile capacities recorded in the contract for the
Buyer
(b) the regularly taken delivery-take over protocols in relation to the injected or
withdrawn quantities.
The settlement period is 1 calendar month.
The base of the settlement is the daily physical balance of the storage facilities and the
customer balances made in conformity with the same on the basis of the nominations from the
actual allocations. Both the daily balances and the customer balances comprise volume and
heat quantity related data.
The storage facility balances and customer balances are based on measured and calculated
data.
The Natural gas transmission licensee measures the quantities delivered and taken over at the
0 points of the transmission pipelines of the storage facility and the gas quality in conformity
with the provisions of the OCR and makes the measurement data available for EFS. The daily
heating value data handed over for EFS by the Natural gas transmission licensee is the
arithmetical average of the values measured during the day. These values are entered into the
balances.
The gas quantity originating from domestic natural gas production, the quantity and the
quality of the gas to be stored in the storage facilities directly (without the utilisation of the
transmission pipeline), as well as the quantity and the quality of the gas handed over for the
natural gas producer (E&P) from the storage facility shall be measured by either Party in
conformity with the provisions of the cooperation agreement concluded between the Parties
(EFS, E&P), and the results of the said measurements shall be made available for the other
Party. The gas quality related data are provided for by means of laboratory measurements at
these points.
The System User’s daily heat quantity turnover shall be determined out of the gas turnover
and the daily average heating value as follows:
After the gas day EFS allocates the gas quantity turned over on the given gas day to the
System Users on the basis of the quantity and quality measurement data received from the
Natural gas transmission licensee and E&P. The allocation is based on the nominations
submitted by the System Users for the given gas day.
EFS does not render the System Users’ stored stock to a concrete storage facility but records
the same only at the level of the ‘unified storage facility’ in aggregate. The turnover at the
delivery-take over 0-point for each System User is determined at the Informational Platform of
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the Natural gas transmission licensee. The dispatcher service of EFS performs the allocation.
The value determined in the allocation process will be the actual turnover at the 0-point of the
storage facility.
The monthly closing protocols are taken as follows:
On the basis of the monthly customer balances, EFS shall make a protocol for each
System User not later than the 5th business day of the month immediately following
the month in subject.
The measured or calculated data recorded in the protocol are as follows:
Monthly settled quantity, [MJ]: The cumulated value of the System User’s daily
settled quantities.
Opening stock [MJ]: The quantity of mobile gas available for the System
User at 6:00 hours on the first day of the given
settlement period.
Closing stock [MJ]: The quantity of mobile gas available for the System
User at 6:00 hours on the first day immediately
following the last day of the given settlement
period.
The protocols shall be signed by both Parties not later than the 10th business day of the
month.
The final Storage provider protocol is made after the final data provision for the EFS is
compiled by the Natural gas transmission licensee and the monthly reallocation is completed.
EFS examines which System User’s turnover data have changed and sends a final protocol for
each such System User. If there is a discrepancy between the data in the monthly previous
protocol and the final protocol, then on the basis of the final protocol, the Parties issue a
correcting invoice concerning the period in question.
If after the monthly reallocation there is no discrepancy between the data in the monthly
previous protocol and the final protocol, then EFS considers the monthly previous protocol as
the final protocol, and accordingly, the invoice is not corrected, either.
EFS shall notify the customers of any modifications in the settlement system, which concern
the customers minimum two weeks in advance.
2. Description of the settlement related data traffic and IT systems
EFS operates a system (Informational Platform) supporting the operative functioning of its
natural gas storage activity. Annex No. 3 comprises the description of the system.
The dispatcher service of EFS performs the data supply concerning the settlement. Each
storage facility has a comprehensive electronic monitoring and data processing (dispatcher)
system.
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EFS maintains a continuous and operative electronic connection with the Natural gas
transmission licensee, the E&P’s dispatcher, and if required EFS contacts the System User.
The dispatcher service of EFS archives all the electronic messages and the telephone
conversations which are suitable for recording.
The central organisation of EFS is in the possession of online operative data about the
technologies.
In the event of gas quality and technology related problems EFS notifies the Natural gas
transmission licensee and if required also the System User.
The Parties shall send one another the daily quality certificates in conformity with the
provisions of Section 13.1.3 of the OCR.
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Code of Business Conduct Annex No. 7: Contract Security
Related Rules
CONTRACT SECURITY RELATED RULES
Pursuant to the natural gas storage contract, EFS requires a financial security from the System
User to guarantee payment or mobile gas owned by the System User as per Section 27 of the
Gas Act as a payment guarantee to cover the countervalue of the storage facility capacities.
EFS requires a payment guarantee up to the amount of the contractual fees.
1. When is financial security not necessary?
a. In the event the System User or its parent company or its majority owner is in the
possession of minimum the Standard & Poor’s BBB+ or Moody’s Baa1 risk credit rating
classification and the claimant provides a duly signed statement to this effect, EFS will not
request the financial security from the System User.
b. If, from the previous storage year the System User still has the quantity of mobile gas in
the storage facility to provide financial coverage for the fees relevant to the new
contractual period until the Contract entering into force, then the System User is not
obligated to provide a bank guarantee or parent company guarantee for EFS.
2. When is financial security necessary?
In the event the system user’s credit risk classification is lower/weaker than the credit risk
classification level written in Section 1, EFS requests for the following financial security:
If the conditions written in section 1 are not met, then the System User is obligated to provide
EFS with a valid, irrevocable and unconditional bank guarantee for payment issued by a
qualified credit institute the exclusive beneficiary of which is EFS, and the relevant limit of
which is the difference between the annual contractual fees and the already settled contractual
fees on the date when the storage contract enters into force. The bank guarantee shall be valid
minimum until the date when the injected gas quantity reaches the percentage of the contracted
mobile capacity as determined by EFS.
Pursuant to Section 27 of the Gas Act and this Code of Business Conduct, the System User is
also entitled to offer the injected gas for the coverage of the contractual fees instead or as a
financial extension of the bank guarantee. The System User is obliged to offer the mobile gas
providing the financial security in a written form (with corporate signatures) for EFS. In the
event in the course of the storage year the value of the injected gas fails to provide coverage
for the still payable contractual fees, the System User shall provide a bank guarantee for the
fees not covered by the mobile gas.
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Code of Business Conduct Annex No. 7: Contract Security
Related Rules
EFS publishes the percentage ratio of the injected gas quantity and the mobile capacity when
the annual capacity is announced. The System User shall bear all the fees and costs in relation
to the bank guarantee.
3. Financial security types
EFS accepts a bank guarantee or injected gas or a combination of a bank guarantee and injected
gas as financial security from the System User.
Annex No. 7.1 to this present document contains the sample of the bank guarantee acceptable by
EFS.
Annex No. 7.2 contains the Declaration relating to the sale of gas offered by the System User as
per Section 27 of the Gas Act – instead or as a financial extension of the bank guarantee.
4. Amount of financial security
The amount of the financial security shall minimum cover the contractual fees still due for the
remaining contractual period at any time.
Financial security by means of a bank guarantee:
The amount of the bank guarantee (HUF) = annual storage fee (HUF) - already settled
contractual fees (HUF).
Financial security in the event of injected gas:
60% of the lowest universal service provider natural gas price (HUF/MJ) * injected gas
quantity (MJ) = annual contract fees (HUF) - already settled contract fees (HUF).
In the event the System User sells the mobile gas in its possession, in the course of the sales the
quantity of the System User’s mobile gas in the storage facility can only be decreased to an
extent so that the quantity of the mobile gas substituting the bank guarantee will still cover the
still payable contractual fees. Otherwise the System User shall provide for the bank guarantee -
still prior to the sales of the mobile gas.
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Code of Business Conduct Annex No. 7.1
LETTER OF GUARANTEE (PAYMENT BANK GUARANTEE)
Name of beneficiary: E.ON Földgáz Storage Földgáztároló Zártkörűen Működő
Részvénytársaság (Zrt.)
Address: 1051 Budapest, Roosevelt tér 7-8.
Guarantee number:
Contract number:
We are aware of the fact that ……………………. (address ……………………………..) - hereinafter
referred to as: System User – intends to conclude a ………… contract with the Beneficiary – in the
subject of natural gas storage (hereinafter referred to as: Contract).
Pursuant to the Contract to be concluded – as a precondition thereto – a Payment Bank guarantee letter
shall be submitted on behalf of the System User for the benefit of the Beneficiary, to ensure that the
System User will fully meet its payment obligations stipulated in the Contract. In any event when the
System User should fail to fulfil its payment obligations emerging due to the natural gas storage
contract in due time the Beneficiary shall be entitled to satisfy its claim by means of calling the bank
guarantee on the day immediately following the payment deadline. The amount of the bank guarantee
is minimum the amount payable by the System User for the Beneficiary during the contractual period
as determined in the storage contract, decreased by the amount of the fees already settled.
Hereby, we, that is the …………… Bank (address……………..) assume an irrevocable and
unconditional obligation to the effect that we effectuate payment on behalf of the Principal in the
maximum amount of
HUF ……..
(that is …………… Hungarian Forints)
for the Beneficiary within 5 banking days as of the Beneficiary’s relevant first written notice, without
investigating the basic legal relation, on condition the Beneficiary states that the System User failed to
comply with the System User’s payment obligation stipulated in the Contract due to a cause
attributable to the System User.
We will satisfy the Beneficiary’s claim in relation to this Indemnity bond by means of money transfer
in conformity with the notice sent by the Beneficiary in a written form. The Beneficiary shall submit
its claim to our bank provided with the corporate signature through the Beneficiary's account holding
bank, verifying the authenticity of the signatures. Our bank is not in the position of accepting payment
notices sent over the telephone or facsimile.
This present bank guarantee shall remain in effect from 1 April 200. until the date when the gas
equating …..% of the demanded mobile capacity booking in relation to the given storage year is stored
by the System User, but not later than ................ 200.. The System User and the Beneficiary shall
inform the Bank of the fact of completing the injection.
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Code of Business Conduct Annex No. 7.1
This present bank guarantee shall lapse at the time of injecting ………..% of the mobile capacity
booking demand and our Bank shall not satisfy any payment on the basis of the same, irrespective
whether or not the original copy is sent back to our Bank.
The System User shall bear all the costs emerging in relation to this present bank guarantee.
This present bank guarantee or any legal right originating therein may be assigned subject to the prior
written approval of our Bank.
Hungarian law shall apply to this present bank guarantee.
200 . ……… ….
……………………………………..
Name:
Position:
Bank:
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Code of Business Conduct Annex No. 7.2
DECLARATION
The System User as a system user using natural gas storage service represents that instead or as a financial
extension of the bank guarantee, it offers the gas it injects into the underground natural gas storages of
E.ON Földgáz Storage Zrt (hereinafter referred to as EFS) to cover the contractual fees for the storage year
of 201../201...
By signing this declaration, the System User agrees that in case of payment default on the fees payable upon
the storage contract, EFS may sell from its injected natural gas - pursuant to Annex No. 8 of the Code of
Business Conduct - a quantity the purchase price of which covers the invoiced but unpaid fees.
The System User undertakes that on 01 April 201.. the storage mobile stock acting as coverage for the
contractual fees will not be less than 20 percent of the mobile capacity booked for the storage year of
201../201... As of the beginning of the storage year, the percentage ratio relating to the above specified stock
shall pro rata decrease monthly so that the storage mobile stock acting as coverage for the contractual fees
shall always cover the storage fees not yet paid.
In the event that the booked storage capacity of the System User increases during the storage year, the
System User shall be obliged to provide further storage mobile gas stock as a security covering the
increased storage fees. Should the System User fail to provide such security, EFS is not obliged to provide
additional capacities.
The System User irrevocably understands that in case of storage fee payment default, EFS shall be entitled
to sell the injected and offered gas according to Annex No. 8., and to deduct the storage fee from the
revenue of such sale.
In order to have zero m3 mobile stock on 31st March 201.., the System User shall undertake to pay all
payable storage fees in advance until 1st March 201... Failure to do so qualifies as breach of contract, based
on which EFS shall be entitled to sell the natural gas stock stored in its storage facilities and to deduct the
fees payable until 31st March from the revenue of such sale.
The Parties shall specify the details of the procedure in the Storage contract they conclude.
The System User understands and undertakes that mortgage may only be registered on the injected gas
offered as security on the prior written consent of EFS, and only to an extent that the unencumbered gas
volume shall still be of suitable quantity to serve as financial security for the storage fees.
The System User understands that the injected gas offered as security may only be sold on the prior written
consent of EFS, provided that the Buyer undertakes that the gas remains to serve as coverage for the fees of
EFS storage services.
The System User represents that it accepts the transfer of the proprietary rights over the natural gas to the
Buyer – as per Section 27 of Act No. XL of 2008 on natural gas supply, the Code of Business Conduct for
EFS and this Declaration – along with the purchase price specified, and shall not contest it on any legal
grounds.
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Code of Business Conduct Annex No. 7.2
Budapest, ……………… 201..
Best regards,
E.ON Földgáz Storage Zrt System User
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Code of Business Conduct Annex No. 7.2
AUTHORISATION
I, the undersigned, being the (job position) of (company name, address, tax number, court registration
number) (hereinafter referred to as System User) hereby
authorize
E.ON Földgáz Storage Natural Gas Storage Private Corporation (seat: 1051 Budapest, Széchenyi István tér
7-8., Tax No.: 12543317-2-44, Court Reg. No.: Cg.: 01-10-045043), (hereinafter referred to as EFS) to sell
the natural gas injected into the EFS gas storage facilities by the System User pursuant to the stipulations of
Section 27 of Act No. XL of 2008 on natural gas supply and the Code of Business Conduct for EFS, to
perform all the (e.g.: administrative) activities related to such sale and to deduct the unpaid storage fees
from the revenue of such sale.
This authorisation may not be revoked and shall remain effective until the System User pays the storage fees
to EFS in full.
Budapest, .............. 201..
.............................................
System User
I accept the authorisation:
..................................................
E.ON Földgáz Storage
Natural Gas Storage Private Corporation
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Applied in the Event of a Breach of Contract
PROCEDURE TO BE APPLIED IN THE EVENT OF A BREACH OF CONTRACT
In case the Parties violate the provisions of this present storage contract, they are obligated to
indemnify the damage arising from it and caused to the other party.
1. Procedure to be applied in the event of a breach of contract by the System User:
The System User commits a breach of contract if it fails to settle the fee invoiced by EFS for
taking the services before the expiry of the payment deadline. In this event EFS takes the
following measures:
in the event of a 5-day payment default, EFS sends a letter of reminder to the System
User.
The System User shall settle the debt in conformity with the payment notice within 3
banking days and notify EFS of the same.
Should the System User fail to settle the aforesaid debt within the above specified
deadline and at the same time the System User and EFS fail to reach an agreement in
relation to the payment obligation, EFS shall be entitled to reject the injection and/or
withdrawal lawfully, and to use the financial security provided by the System User to
satisfy its claim up to the amount of the not-settled financial claim as follows:
1. In the event the System User offered a bank guarantee as a payment security for
the entire amount, EFS calls in its relevant claim out of the bank guarantee within
5 days as of the supplementary payment deadline indicated in the payment notice.
2. In the event the System User offered mobile gas as a payment security pursuant
to Section 27 of the Gas Act, EFS shall become entitled by law (Gas Act) to sell
the gas offered by the System User and to use the amount realised from the sale
of the System User’s gas to settle its claim. On platforms chosen by EFS (e.g.: on
its own website), EFS calls for tenders for the stored mobile gas offered by the
System User to settle unpaid storage fees and sells it according to the most
favourable offers received. EFS undertakes to put the natural gas to tender at least
at the TTF spot gas price for the first time. Unless bids are received at this price,
EFS is entitled to re-offer the natural gas at a price different from the TTF spot
price and/or sell it to the highest bidder without repeated tendering. EFS is
entitled to sell an amount of injected natural gas the purchase price of which
covers the invoiced and unpaid fees. EFS shall deduct its claim from the collected
amount and transfers the remaining amount to the System User’s bank account
within 10 working days from receiving the purchase price.
3. The System User irrevocably understands that in case of storage fee payment
default, EFS is entitled to sell its injected and offered gas according to the above,
and to deduct the storage fee from the collected purchase price. The System User
also irrevocably understands that unless purchase bids are received at the TTF
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spot price in the first round, EFS is entitled – at its own discretion – to re-offer
the natural gas at a price different from the TTF spot price and/or sell it to the
highest bidder without repeated tendering. The System User shall do whatever is
required for successful sale (including the provision of the required
representations). The System User irrevocably accepts the transfer of the
proprietary rights over the natural gas to the buyer – as per Section 27 of Act No.
XL of 2008 on natural gas supply, this Code of Business Conduct and the
Declaration contained in Annex No. 7.2 – along with the purchase price
specified, and shall not contest it on any legal grounds
The declaration relating to the sale of gas offered by the System User and the
authorisation of EFS in Annex 7.2 herein.
EFS issues the default interest request letters in each month on the basis of the default
in payments performed before the last day of the previous month. The term of payment
of the default interest is the 10th day after issuance.
In the event of a default in payment EFS charges the default interest which is the 150%
of the floating prime rate, and shall be calculated for the period between the maturity
date of the payment and the actual performance date of the payment.
The System User commits a breach of contract if it injects off-specification gas into the storage
system. EFS shall be entitled to compensation in this event.
EFS shall notify the System User of the damage immediately after learning of it and submit
its properly substantiated compensation claim. In the event the System User debates the fact
of causing a loss or its liability, it shall initiate conciliations with EFS within 15 calendar
days.
The System User commits a breach of contract if it breaches any other obligation stipulated in
the storage contract. EFS shall be entitled to compensation in this event.
2. Procedure to be applied in the event of a breach of contract by EFS:
EFS commits a breach of contract if it fails to fulfil the injection/withdrawal tasks demanded
(contracted) by the System User.
In the event the Natural gas storage facility licensee fails to fulfil the withdrawal or
injection tasks of the quantities nominated by the System User in a contractual manner,
EFS shall reimburse the surcharges and balancing costs emerging at the System User
due to the breach of contract. EFS does not commit a breach of contract in the event it
has to reject the System User’s nomination fully or partially since the quantity
nominated by the System User to be injected or withdrawn – together with the other
buyers' demand – fails to reach the minimum quantity which can be technologically
injected or withdrawn. EFS does not commit a breach of contract, either, in the event it
cannot fulfil the accepted nomination due to an emergency.
EFS does not commit a breach of contract, in the event it fails to fulfil the
injection/withdrawal tasks demanded (contracted) by the System User since the same
was not fulfilled due to a cause attributable for the aide of the System User (the Natural
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gas transmission licensee). EFS shall not be obligated to assume any other
compensation in addition to the reimbursement of the occasional surcharges and
balancing costs.
EFS commits a breach of contract in the event the taken over natural gas is lost or destroyed.
In this event EFS shall be liable to the damage caused due to loss, destruction or quality
deterioration of the natural gas quantity exceeding the contractual natural gas quantity
during the period between the injection of the natural gas quantities in conformity with
this present contract and returning the same to the System User. If the taken over
natural gas quantity is destructed fully or partially, then EFS shall not be entitled to the
due fees or any proportionate part of it in relation to the destructed natural gas quantity.
EFS commits a breach of contract in the event the quality of the withdrawn natural gas fails to
meet the specifications stipulated in the contract.
The System User shall notify EFS of the damage immediately after gaining knowledge
of it and submit its properly substantiated compensation claim. In the event EFS
debates the fact of causing a loss or its liability, it shall initiate conciliations with the
System User within 15 calendar days.
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Code of Business Conduct Annex No.9:
Storage facility capacity auction regulation
STORAGE FACILITY CAPACITY AUCTION REGULATION
TABLE OF CONTENTS
1. INTRODUCTION 3
2. REGULATION OBJECTIVE, SUBJECT MATTER, EFFECT 3
3. DEFINITIONS 4
4. AUCTION PROCEDURE 6
4. 1. Auction announcement 6
4. 2. Registration procedure 7
4. 3. General rules of auction 8
4. 4. Management of capacity auction 9
4. 5. Final result announcement 12
4. 6. Invalid auction 13
5. APPENDICES 13
Appendix No. 1: Registration datasheet 14
Appendix No. 2: Auction statement 15
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1. INTRODUCTION
In conformity with the directive no. 2003/55/EU European Parliament and Council, access to the
natural gas storage facilities shall be provided for on the basis of objective, transparent and
discrimination free criteria.
2. REGULATION OBJECTIVE, SUBJECT MATTER, EFFECT
The objective of this present auction regulation (hereinafter referred to as: Regulation) is to describe
the method of the annual/single capacity auctions announced and to be managed by E.ON Földgáz
Storage Zrt., the preconditions of participation and the rules governing the auction.
The Regulation provides information about the scope of participants, the product constituting the
subject matter of the auction as well as the process of the auction management. Furthermore, the
auction regulation also comprises the general trading, settlement and payment contractual terms and
conditions, the rights and obligations of the contracting parties, which are recorded within the
framework of a Natural gas storage contract by the Seller and the Buyer after the successful bidding
(Annex no. 3: Natural gas storage contract).
The scope of the regulation extends to
- the tenderers specified in the regulation and intending to participate at the auction, as well as
the legal and natural persons acting on behalf of them;
- E.ON Földgáz Storage Zrt. announcing and managing the capacity auction and offering the
product at the auction, and the natural persons acting on behalf of E.ON Földgáz Storage Zrt.,
as well as the legal and natural persons involved in the management of the capacity auction by
E.ON Földgáz Storage Zrt.
3. DEFINITIONS
The objective of this present chapter is to clarify the interpretation of the concepts referred to in this
present regulation for every party concerned. With regards to the financial concepts, this present
chapter only comprises the explanation of the concepts in close relation with the auction.
Bid: At the capacity booking auction the capacity booking demand
submitted by the Tenderers in a single auction round at the Tender
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price relevant to the given auction round, or the Tender price
submitted for the given round and the capacity booking demand
submitted together with it in function of the fact whether the auction is
in the first or second stage.
Bidding price: In the first stage of the auction the price determined by the Tender
announcer for the given round for the capacity packages offered in the
given auction round, while in the second stage of the auction the price
offered by the Tenderer.
Tender bond: The financial security as defined by the Tender announcer in the form
of a bond, the amount of which the Tender announcer determines in
the tender announcement. The Tenderer shall settle the amount of the
bond at E.ON Földgáz Storage Zrt.’s bank account no. 16300000-
04008363-90006405 held at Deutsche Bank prior to 12:00 hours the
business day preceding the auction. Failure of settling the tender bond
results in the exclusion from the participation at the auction. The
tender bond serves as the security of paying the earnest money as
defined hereunder. The Tenderer is obligated to pay an earnest money
equating the amount of the tender bond in the event the Tenderer fails
to make bids reaching the capacity demand as per the Tenderer’s
Nomination in the first Auction round in conformity with section 4.4
of this present Regulation. The successful Tenderer is also obligated
to pay an earnest money equating the amount of the tender bond if it
fails to sign the Natural gas storage contract within 5 business days as
of the auction. The Tenderers who submitted their bids for a capacity
in conformity with their Nominations in the first Auction round as
well as the awarded Tenderers who conclude the Natural gas storage
contract will be reimbursed the amount of the tender bond within 5
business days as of the auction.
Tender period: The usage period of the storage facility capacities announced at the
auction, which commences at 06:00 hours in the morning on the
day when the capacities become available and terminates at 06:00
hours in the morning on 1 April at the end of the storage year. The
Tender announcer specifies the date of the availability of the
capacities in the auction announcement.
Bidding sheet: The capacity demand comprising the detailed data of the Tenderer and
the bid as submitted by the Tenderer in the given auction round in the
course of bidding through the IT Platform.
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Tender quantity: The capacity quantity (capacity packages) for the booking of which
the Tenderer makes a bid at the Bidding price of the given auction
round.
Tenderer: The legal person defined pursuant to the GSA, submitting a capacity
demand meeting the formal requirements in conformity with the OCR
prior to the announcement of the auction for the Natural gas storage
licensee and registering successfully in conformity with the auction
announcement afterwards.
Under quotation: The quantity – as quoted in total by all the Tenderers – failing to reach
the capacity booking offered by the Tender announcer in the given
round.
Auction round: The following processes shall be interpreted in one Auction round at
the auction: the submission of the Bids during the period defined for
the capacity packages, the procession and the evaluation of the
received Bids and the announcement of the evaluation of the result on
the IT Platform.
Auction statement: The statement to be filled in the course of the registration procedure of
the capacity auction (Appendix no. 1), in which the party indicating its
intention to participate makes a statement to the effect of accepting the
terms and conditions in relation to the auction.
Natural gas storage contract: The contract entered into by and between the awarded Tenderer(s) and
the Tender announcer for booking the capacity packages sold at the
auction.
Seller: The Tender announcer in the ‘Natural gas storage contract’ as written
in Appendix no. 3 to this present auction regulation.
Initial price: The price of a unit capacity package as defined by the Tender
announcer in the first round of the first stage of the auction. This price
shall not be lower than the price defined pursuant to the 31/2009 (VI
25) KHEM decree on the ‘Determination of natural gas system usage
fees’.
Lack of quotation: No valid bid is received for the product offered in the given auction
round in the given bidding round of the capacity auction.
Tender announcer: E.ON Földgáz Storage Zrt. (registered domicile: 1051 Budapest,
Roosevelt tér 7-8., Trade registration number: 01-10-015043) as
natural gas storage licensee.
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Minimum price: The storage facility fee as defined pursuant to section 3 of Appendix
no. 1 to the 31/2009. (X. 25) KHEM decree on the determination of
natural gas system usage fees.
Exact quotation: The aggregated demand of the Tenderers equates the capacity quantity
offered by the Tender announcer in the given auction round.
Registration datasheet: The form required for the registration in conformity with Appendix
No. 2.
Registration code: The IT Platform Shipper code serving for the identification of the
Tenderer in the course of the auction.
Over quotation: The aggregated bidding quantity of the Tenderers exceeds the product
quantity offered by the Tender announcer in the given auction round.
4. AUCTION PROCEDURE
4. 1. Auction announcement
The capacity auction is announced by means of an e-mail and over the telephone for all the
parties demanding capacity and invited to the auction. The Tender announcer confirms the
aforesaid notice in a letter not later than within two business days.
The Tender announcer sends this present Regulation, together with the auction notice for all the
parties concerned in an electronic form and also publishes the same on its homepage (www.eon-
foldgaz-storage.com).
The Tender announcer provides the following information in the auction notice:
The exact venue and time of the capacity auction
Name and accessibility of the contact person
Volume and number of the offered capacity packages
The Initial price of the capacity package
In the event of a single auction the exact definition of the Tender period.
The amount of the Tender bond stipulated by the Tender announcer
The deadline for submitting the documentation required for the registration
The auction notice also comprises the Natural gas storage contract which
records the general, trading, settlement and payment terms and conditions as
well as the rights and obligations of the contracting parties.
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After the announcement of the auction the contact persons designated by the Tender announcer
are entitled to answer any further questions in relation to the auction or to supply information.
The Tender announcer sends all the received questions and returned answers to all the
participants.
The language of the procedure is Hungarian, and all the communication, issued and requested
documentation in relation to the capacity auction shall also be in Hungarian.
The Tender announcer shall always act in conformity with paragraph 3 of Act LXIII of 1992 on
the Protection of personal data and the publication of data of general interest.
4. 2. Registration procedure
The first step towards participating at the capacity auction is the indication of the participation
intention and the adoption of the auction regulation by means of filling in the auction statement.
Only the capacity demanding parties who are eligible to storage access and submitted a
Nomination in conformity with the form related requirements to the Natural gas storage licensee
prior to the announcement of the auction can make bids at the capacity auction.
The documents required for the registration are as follows:
Registration datasheet (Appendix No. 1)
The duly signed Auction statement (Appendix no. 2), by the signature of which the
Tenderer verifies its participation interest and the adoption of the auction regulation and
the Natural gas storage contract sample.
The credible proof of settling the tender bond (security) payment obligation.
The Tenderer is obligated to indicate its representative’s data on the Registration datasheet. The
scope of persons entitled to represent the Tenderer includes the person authorised for the
representation of the Tenderer and independent corporate signature or the person authorised by
the aforesaid representative (in the event of persons authorised for common corporate signature:
the representatives) of the Tenderer in a written form.
These documents shall be submitted to the Tender announcer prior to the date and time stated in
the notice about the announcement of the capacity auction but not later than 16:00 hours on the
business day preceding the capacity auction date. The Tender announcer shall acknowledge the
registration for the applicant.
The Tender announcer will consider the registration as invalid in the event the documents are
submitted after the deadline. In the event a valid registration the Tender announcer confirms the
fact of registration for the Tenderer in an e-mail.
In the course of the registration the Tender announcer assumes liability to treat the data
submitted to the auction as confidential and will not hand over the same for third parties.
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4. 3. General rules of auction
The registered Tenderers shall act in an open market manner in the course of the auction. The
parties shall not initiate any background agreement infringing the capacity auction participation
and interests of the Tender announcer and other Tenderers or providing them with unjustified
advantages. The Tenderer shall assume liability not to have concluded or conclude any contract
or agreement with any other party which would place the given Tenderer in a favourable
position regarding the given auction (e.g. with regards to bidding intention/behaviour, strategy
or the coordination of the Bidding prices).
The Tenderers adopt the content of the auction regulation, acknowledge that breaching the
content of the regulation results in the immediate exclusion of the Tenderer.
The Tenderers can participate at the auction by means of bidding through the IT Platform.
The Tenderer’s representative shall report at the contact person designated in the announcement
minimum half an hour prior to the scheduled time of the auction in an e-mail or over the
telephone to confirm that the representative was able to log-on the IT Platform and is ready for
the auction.
The management of the auction is performed and controlled by an auction committee through
the IT Platform. The auction committee consists of the Tender announcer’s representatives and
legal advisors. The representative of HEO participates at the auction as a party exercising
supervision. The Tender announcer reserves the right to involve further employees and legal or
business advisors for the purpose of participating at the auction for monitoring or cooperation.
The Tender announcer shall provide for the room and resources required for the management of
the auction. The venue of the auction can be the office of the parties participating at the auction
in which event the parties participating at the auction use the IT Platform in their own office.
The Tender announcer offers the storage facility capacities in the framework of the auction in
packages rendered in
- withdrawal peak capacity [m3/day],
- injection peak capacity [m3/day]
- mobile capacities [Mm3].
The formation of packages is mainly justified by the more simple management of the auction.
Any capacity element can be 0 in the course of forming the packages. The Tender announcer
decides over the aforesaid in the knowledge of the available free capacities.
The Tender announcer forms a capacity package in which the mobile capacity has a
nearly equivalent volume with the lowest mobile capacity appearing in the demands submitted
formerly, and which mobile capacity can be formed by dividing the remaining mobile capacity
with an integer number. The withdrawal and injection capacities in the packages shall be
determined by dividing the remaining capacities of the same type with the same number. The
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Bidding price of the capacity packages shall not be lower than the price determined pursuant to
the actually valid Tariff decree.
The Bidding price shall not comprise the turnover (withdrawal, injection) proportionate fees.
The injection and withdrawal fees shall be determined pursuant to the Tender announcer’s
actually valid Business conduct rules.
The Tender announcer publishes the Initial price of the capacity packages in the auction
announcement.
4. 4. Management of capacity auction
The capacity auction is managed on the IT Platform of EFS.
The capacity auction comprises two - subsequent - auction stages:
Auction stage I: The Tender announcer uses the method of price decrease for auctioning
the capacity packages. The Bidding price of the first round is the Initial
price. In the course of the auction the Tender announcer decreases the
Bidding price in each round. The Tenderer can make a bid in the certain
auction rounds for the bidding quantity, at the price valid in the given
round.
Auction stage II: This stage is held in the events specified in Section 4.4.2 of the
regulation. The Tenderers can make a Bid for the packages offered by
the Tender announcer in this stage in a single auction round. The
quantity of the capacity packages offered is announced prior to the
auction round. In this stage of the auction only the Tenderers who
already made a bid in any round of the first stage can make bids.
Both auction stages are made up of auction rounds. All auction rounds have three well
distinguishable phases: Making the bid through the IT Platform (the parties participating receive
a message on the IT Platform), data procession on the IT Platform, announcing the result
through the notice board of the IT Platform. The duration of one auction round is maximum 20
minutes.
In an ideal event the first auction stage lasts until all the offered packages are sold at the Bidding
price decreasing in each round, which, however, follow each other maximum until Over
quotation, Lack of quotation or Exact quotation occurs or the Bidding price reaches the
minimum price. In each of the auction rounds the piece number of the offered packages
decreases with the sum of the quantity of the valid bids made in the preceding auction round at
the Bidding price defined by the Tender announcer.
4. 4. 1. Auction stage I:
1) Making bids
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Each auction rounds starts with making the bids. At the beginning of the auction
rounds the participants at the auction receive a message through the IT Platform about
the offered capacity and the Initial bidding price for the given capacity package in the
given round. The Tenderers have to make their bids afterwards.
The IT Platform indicates the starting time for the given bidding round and the closing
time of the round, as well.
The Tenderers can only make bids for an integer number of capacity
package/packages. The Tenderers can make bids in the subsequent auction rounds
irrespective of the fact whether or not the given Tenderer was awarded any product in
any former auction round.
The Tenderers submit their bids for the number of packages separately in each auction
round - through the IT Platform. In the event the Tenderers do not intend to make a
bid in the given auction round the Tenderer has to indicate Zero as the bidding
quantity on the IT Platform. The Tenderer can only make bids for as many packages
as announced for the given round. The IT Platform does not accept larger demands.
Prior to each auction round the period within which the Tenderers can make their bids
in the given auction round can be seen on the IT Platform (in minutes). The Tenderers
have the above specified time to consider and make their bids separately from each
other. The Tenderers are entitled to modify the already made bids several times prior
to the expiry of each auction round. After the expiry time no more bids can be
recorded on the IT Platform - in relation to the given round. The already submitted bid
shall not be modified any more.
2) Evaluation
The IT Platform evaluates the submitted bids and sends a message to the Tenderers
about the result. In the course of the evaluation the total capacity demand is
determined.
The quantities awarded for the Tenderers in function of the valid bidding quantities
(demand) are as follows:
The aggregated bidding quantity equates the offered quantity in the given
auction round (Exact quotation). Then all the bids are accepted and satisfied at
the Bidding price announced in the given auction round. The valid bid in the
given auction round is taken into consideration as a quantity awarded for the
Tenderer.
The aggregated bidding quantity fails to equate the offered quantity in the given
auction round. (Under quotation). Then all the valid bids are accepted and
satisfied at the Bidding price valid in the given auction round. The Tenderers
are awarded the quantities appearing in their respective bids. Then the quantity
offered by the Tender announcer is decreased with the amount of the quantities
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determined in the valid bids made by the Tenderers in the given auction round.
The Tender announcer offers the quantity remaining after satisfying the valid
bids in the subsequent auction round of stage I, at a decreased Bidding price.
The auction rounds continue as long as all the offered quantities are sold (Exact
quotation), or Over quotation occurs or the Bidding price reaches the
minimum price.
In the event the aggregated bidding quantity exceeds the offered quantity in any
auction round we talk about Over quotation. Then there are no awarded
Tenderers in the given auction round and Stage I is closed. The Tender
announcer repeatedly announces the quantity offered in the last (over quoted)
auction round of Stage I in the second stage of the auction with a single-round
auction method.
No valid bid is received in the given auction round (Lack of quotation). There
are two options then:
1. The Tender announcer announces the offered quantity in the given
auction round at a lower Bidding price in the subsequent auction
round, accordingly, no awarded quantity can be determined in relation
to the given product.
2. The Tender announcer announces the quantity offered in the given
auction round when the Bidding price equates the minimum price (that
is in the last auction round) in the second stage of the auction. No
awarded quantity can be determined in relation to the given product
3) Announcement of the results
The evaluation is followed by announcing the results on the IT Platform in relation to
the given auction round. In the course of announcing the result, Tenderers receive a
message about the following information in relation to the given auction round:
number of the given auction round, the Bidding price valid in the given round, the
quantities awarded for each Registration code and the fact of ‘Under quotation, ‘Exact
quotation’, ‘Over quotation’ or ‘Lack of quotation’.
4. 4. 2. Auction stage II
This section is held if ‘Over quotation’ occurs in any round of the first stage of the
auction, or if the Bidding price reaches the minimum price. The Tenderers can make
bids for the number of packages remaining from (not sold in) the first stage of the
auction in a single auction round. The capacity quantities to be offered for auction are
announced prior to the auction round.
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1. Making bids
The Tender announcer announces the quantities intended to be offered in the second
stage out of the quantities remaining after the evaluation of the first stage of the
auction. The Initial price is still fixed. Bids can be made for the integral multiple of a
package at a Bidding price exceeding the Initial price.
The Tenderers can make their bids through the IT Platform. The bid comprises the
capacity quantity demanded by the Tenderer (to be rendered in a package) as well as
the Bidding price.
2. Evaluation
In the course of making the bids, the Tenderers cannot modify and/or withdraw the
bids recorded on the IT Platform after submitting the same.
The Tenderers are awarded the offered quantities in the decreasing order of the
submitted Bidding prices. In the event of equating Bidding prices the Tender
announcer divides the remaining quantity among the Tenderers in proportion to the
valid bidding quantities. In the event several Tenderers submit bids at the last accepted
price and the amount thereof exceeds the remaining quantity, it is accepted in terms of
packages in the ratio of all the offered quantity of the Tenderers concerned and the
still accepted quantity.
In the event the quantity submitted at the last accepted price exceeds the remaining
quantity the same is accepted up to the amount of the available free capacity.
In the event of under quotation or lack of quotation the remaining quantity will be sold
by means of negotiations as determined by the Tender announcer at a later date.
3. Announcement of the results
In the course of announcing the result of the second stage of the auction the following
information will be published on the IT Platform in the form of a message: the
composition of the packages won, the announced quantity, the winning Bidding price
and the quantity won.
4. 5. Final result announcement
After the successful auction the Tender announcer records the results of the auction in a
protocol by each registration code (sold storage facility capacities, the price formed at the
auction). The Tender announcer also sends the protocol in an electronic way (e-mail) and a
letter to the participants of the auction as informs the awarded Tenderer(s) of the person(s) to be
contacted in relation to concluding the contract. The awarded Tenderers only receive the
information relevant to the given Tenderer from the Tender announcer.
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In the event the Tender announcer adopts the Tenderer’s bid in the final result announcement, a
contract concluding obligation occurs to the Tenderer with regards to the packages pursuant to
the adopted bid in conformity with the exclusive contractual terms and conditions as determined
in this present Regulation – and as adopted by the Tenderer in the auction statement – and
should the Tenderer fail to abide by the aforesaid contract concluding obligation, the Tender
announcer shall be entitled to use the Tender bond.
After the auction the Tender announcer and the Tenderers shall conclude the ‘Natural gas
storage contract’ for the quantities awarded within 5 business days as of the auction.
The Natural gas storage contract defines the payment conditions for the capacity quantities
awarded for the Tenderer.
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4. 6. Invalid auction
The Tender announcer shall be entitled to declare the capacity auction invalid if:
in the course of the auction unforeseeable technical problems occur, which the Tender
announcer cannot clear. In an event like this the auction is held at a time announced later on.
The Tender announcer publishes information on its Internet homepage in relation to the rules
regulating the auction held in the aforesaid manner.
Any of the Tenderers acts in an improper manner or gains or intends to gain unjustified
advantage by applying provably unfair methods infringing the interests of the other
participants. Participants
In the event of an invalid auction the Tender announcer announces a new auction within 7
business days.
5. APPENDICES
Appendix No. 1: Registration datasheet
Appendix No. 2: Auction statement
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APPENDIX NO. 1
REGISTRATION DATASHEET
Registration Datasheet for capacity auction by E.ON Földgáz Storage Zrt.
For the successful registration all the fields shall be filled in with the exception of the Registration
code, of which the Applicant receives a message after the successful registration.
Company data:
Company name
Country
Town
Street/square
Postcode
Data of the representative participating at the auction:
Representative’s name:
Personal ID / passport no.:
Date of birth year/month/day:
E-mail:
Telephone/mobile
Fax
Registration code (The Tender announcer provides this simultaneously with the registration):
Dated: …………….…..…...
……..……………………………
Corporate signature
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APPENDIX NO. 2
AUCTION STATEMENT
Regarding the adoption of the conditions of participation at the auction to be held by E.ON
Földgáz Storage Zrt. on ………………………………….. (E.ON Headquarters 1052 Budapest,
Széchenyi István tér 7-8).
The undersigned:______________________________
registered domicile:____________________________________________________________________
Taxation number / taxation identification number: _________________
Bank account number: _________________
as a Tenderer makes a statement regarding the adoption of the following conditions:
1. The Tenderer states that the Tenderer adopts the regulation governing the auction to be held by E.ON
Földgáz Storage Zrt. on ………………………………….. (E.ON Headquarters 1052 Budapest,
Széchenyi István tér 7-8). The Tenderer considers the content thereof as obligatory for itself in the
course of the auction and the preceding registration procedure.
2. The Tenderer acknowledges that regarding entering into contract after the successful bidding the
‘Natural gas storage contract(s)’ as attached to this present Regulation – together with the contractual
provision written therein without any amendment - as well as the Business conduct rules of the Natural
gas storage licensee shall govern.
Dated:………………………..
---------------------------------
Tenderer’s Corporate signature
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Code of Business Conduct Annex No.10:
Description of the Commercial Virtual Storage Product
Description of the EFS Plus Storage Product
(for additional storage flexibility)
This product was introduced to support system users’ trading activities, offering a greater degree of
flexibility in optimising supply and consumption throughout the gas year.
The EFS Plus service allows system users to move gas in the direction opposite to the actual physical flow
at the storage facility and/or the direction of flow announced for the period in question. This means that they
will be able to perform injection during the withdrawal cycle, and withdrawal during the injection cycle,
regardless of the actual physical direction of flow at the storage facility.
This can be achieved in one of two ways:
either by delivering opposite direction supply at the unified storage facility zero point, in which
case backhaul capacity (BH) needs to be booked with FGSZ Zrt (FGSZ);
or by starting up a storage facility flow in the direction opposite to the announced storage cycle.
The table below summarises all possible eventualities.
Storage Physical Theoretically Required capacity booking
Storage direction storage possible storage
cycle announced direction directions, services EFS FGSZ
by EFS used
injection injection Basic Basic
withdrawal withdrawal EFS Plus Basic
1 April – 30
Injection Backhaul
September withdrawal virtual injection EFS Plus
withdrawal
Injection virtual withdrawal EFS Plus Backhaul injection
injection injection EFS Plus Basic
withdrawal withdrawal Basic Basic
1 October –
Withdrawal Backhaul
31 March withdrawal virtual injection EFS Plus
withdrawal
injection virtual withdrawal EFS Plus Backhaul injection
The announced storage flow direction defines what is considered as the basic service for the unified storage
facility during the period in question. Physical storage flow direction means physical injection or
withdrawal, regardless of the current cycle. The column labelled capacity booking requirement specified
what sort of capacity booking must be made under current legal regulations and the business conditions of
the licensees. System users must pay an additional fee for bookings made under the EFS Plus scheme.
Conditions of use:
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As an essential prerequisite of using this product, the system user in question must have a booking with the
storage licensee for seasonal storage at a storage facility, provided as a basic service. Additionally, it must
have a current annual framework agreement that entitles it to make use of the EFS Plus service. Under this
annual framework agreement, the system user will make nominations for EFS Plus quantities using the
nomination interface of the EFS IT Platform. Before each gas day, EFS will publish on its official website
the physical method of operation of the unified storage facility. System users must refer to this information
when making their nominations.
The financial settlement and invoicing of the EFS Plus service is conducted on the basis of the daily
approved nominations, which are equal to the allocated quantities.
The EFS Plus service is provided to system users by E.ON Földgáz Storage Zrt, on the following terms:
The product is available as interruptible capacity at the storage licensee, on any day of the year;
System users who use the service, may not also use an option for EFS Plus during the nomination of
EFS Plus quantities, when only virtual storage is available (by means of reducing the actual
physical quantity);
System users must signify the required EFS Plus quantity during nomination, prior to the gas day in
question;
The requested quantity may be modified within half a day and, in the case of renomination, subject
to the storage licensee’s approval;
The capacity fee charged for the EFS Plus service is 0.1 HUF/MJ/day.
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The table below summarises the nominations required to make use of the storage service:
Storage Physical Theoretically
Storage Required nomination
direction storage possible storage
requirement
announced direction directions,
of user EFS FGSZ
by EFS services used
1. injection injection injection Injection nom NOM
2. Withdrawal
withdrawal withdrawal withdrawal NOM
nom
Injection Withdrawal
3. withdrawal virtual injection injection BH withdrawal
virtual
virtual
4. injection withdrawal Injection virtual BH injection
withdrawal
5. injection injection injection Injection nom NOM
6. Withdrawal
withdrawal withdrawal withdrawal NOM
nom
Withdrawal Withdrawal
7. withdrawal virtual injection injection BH withdrawal
virtual
virtual
8. injection withdrawal Injection virtual BH injection
withdrawal
During the injection period
1. If the unified storage facility is in injection mode, or the system user is capable of independently
starting up a storage facility reported as ready for injection, and the system user has an injection
requirement, then the system user will nominate to EFS the relevant quantity for injection, at the
base fee. This service is in line with the officially announced mode of operation of the unified
storage facility, and is therefore charged at the base fee. At the same time, the transmission must
be registered with FGSZ by submitting a NOM type nomination for the capacity booked at the
“unified injection” point.
2. If, during the injection period, the unified storage facility continues to operate in withdrawal mode,
as per the requirements of the system users, and the system user requires withdrawal, then it will
have to nominate the relevant quantity with EFS for withdrawal, at the base fee. This service allows
the system user to perform gas transmission in the direction opposite to the officially announced
mode of operation of the unified storage facility, and is therefore considered as an EFS Plus
service. At the same time, the transmission must be registered with FGSZ by submitting a NOM
type nomination for the capacity booked at the “unified withdrawal” point.
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3. If, during the injection period, the unified storage facility continues to operate in withdrawal mode,
as per the requirements of the system users, and the system user requires injection without being
able to start up a storage facility reported to be ready for injection, but the requirement can be
satisfied by backhaul at the unified storage facility, then it will have to nominate the relevant
quantity with EFS for virtual withdrawal. This service allows the system user to perform gas
transmission in the direction opposite to the physical mode of operation of the unified storage
facility, and is therefore considered as an EFS Plus service. At the same time, the transmission
must be registered with FGSZ by submitting a BH type nomination for the BH capacity booked at
the “unified withdrawal” point.
4. If the unified storage facility is in the injection mode and the system user requires withdrawal that
can be satisfied by backhaul at the unified storage facility, then the system user will have to
nominate the relevant quantity with EFS for virtual injection. This service allows the system user to
perform gas transmission in the direction opposite to the physical mode of operation of the
unified storage facility, and is therefore considered as an EFS Plus service. At the same time, the
transmission must be registered with FGSZ by submitting a BH type nomination for the BH
capacity booked at the “unified injection” point.
During the withdrawal period
5. If, during the withdrawal period, the unified storage facility continues to operate in injection mode,
as per the requirements of the system users, and the system user requires injection, then it will have
to nominate the relevant quantity with EFS for injection, at the base fee. This service allows the
system user to perform gas transmission in the direction opposite to the officially announced
mode of operation of the unified storage facility, and is therefore considered as an EFS Plus
service. At the same time, the transmission must be registered with FGSZ by submitting a NOM
type nomination for the capacity booked at the “unified injection” point.
6. If the unified storage facility is in withdrawal mode, or the system user is capable of independently
starting up a storage facility reported as ready for withdrawal, and the system user has a withdrawal
requirement, then the system user will nominate to EFS the relevant quantity for withdrawal, at the
base fee. This service is in line with the officially announced mode of operation of the unified
storage facility, and is therefore charged at the base fee. At the same time, the transmission must
be registered with FGSZ by submitting a NOM type nomination for the capacity booked at the
“unified withdrawal” point.
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7. If, during the withdrawal period of the unified storage facility and the system user requires injection
that can be satisfied by backhaul at the unified storage facility, then the system user will have to
nominate the relevant quantity with EFS for virtual withdrawal. This service allows the system user
to perform gas transmission in the direction opposite to the physical mode of operation of the
unified storage facility, and is therefore considered as an EFS Plus service. At the same time, the
transmission must be registered with FGSZ by submitting a BH type nomination for the BH
capacity booked at the “unified withdrawal” point.
8. If, during the withdrawal period, the unified storage facility continues to operate in injection mode,
as per the requirements of the system users, and the system user requires withdrawal without being
able to start up a storage facility reported to be ready for withdrawal, but the requirement can be
satisfied by backhaul at the unified storage facility, then it will have to nominate the relevant
quantity with EFS for virtual injection. This service allows the system user to perform gas
transmission in the direction opposite to the physical mode of operation of the unified storage
facility, and is therefore considered as an EFS Plus service. At the same time, the transmission
must be registered with FGSZ by submitting a BH type nomination for the BH capacity booked at
the “unified injection” point
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Prerequisites of using the EFS Plus service defined by FGSZ:
Capacity booking:
FGSZ provides the injection and withdrawal capacities specified in the annual KFSZRI agreements to
system users throughout the gas year, depending on the schedule of operating modes specified by EFS.
If the storage facility provides actual physical injection during the withdrawal cycle, or if it provides actual
physical withdrawal during the injection cycle, or if transmission is available for both directions, then
system users may use their booked capacities. That is, when the storage facility operates in both directions
(and measurement is active), then FGSZ offers nomination to traders at the base capacity.
System users that wish to use the storage service in the opposite direction (that is not physically carried out),
must book backhaul type interruptible capacities at the unified storage facility.
Backhaul contracts may be of the following types:
Annual, monthly, or made for a specific daily quantity, or for a specific capacity.
In this case, the capacity fee for the contracted capacity must be paid in advance.
Daily framework agreement.
In this case, the capacity fee payable is calculated in line with the allocation by EFS, on the basis of the
weekly protocols in which actual usage is recorded.
Other prerequisites:
Transmission fees are payable for the quantity allocated to entry BH capacity.
No transmission fees are payable for the quantity allocated to exit BH capacity.
For entry BH capacity bookings, the basis for calculating the fee is the exit fee for the delivery point, as
defined in Art. 2 Section (1) Clause aaa) of the Tariff Decree.
For exit BH capacity bookings, the basis for calculating the fee is the entry fee for the delivery point, as
defined in Art. 2 Section (1) Clause acb) of the Tariff Decree.
Nomination:
System users submit nominations for the unified storage facility of the natural gas transmission system, in
accordance with their agreement with the storage licensee. FGSZ and EFS will cross-reference the
submitted nominations. Should EFS reject a nomination application on the basis that the nomination was not
made in compliance with the availability of the capacity in question, then the system user will receive a
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mismatch notification, and must secure storage by submitting a renomination. The nomination will remain
rejected until a nomination that complies to actually available capacities is received from the system user.
(E.g.: The system user nominates for injection capacity during the withdrawal cycle. If the nominated
quantity is insufficient for EFS to perform the physical injection, or if it has not been approved by EFS, then
physical injection will not be commenced at a storage facility, and therefore the nomination will need to be
resubmitted by the system user for withdrawal BH capacity, after receiving the mismatch notification.)
Allocation:
During allocation, the quantity of virtual storage is equal to the nominated quantity.
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Code of Business Conduct Appendix No.1:
Organisational Chart
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Code of Business Conduct Appendix No. 2:
Most Important European and Hungarian Laws and Regulations Affecting the
Gas Market
THE MOST IMPORTANT EUROPEAN AND HUNGARIAN LAWS AND
REGULATIONS AFFECTING THE GAS MARKET
EUROPEAN UNION REGULATIONS
1. Directive 2009/73/EC 98/30/EC concerning common rules for the internal market in natural gas
and repealing Directive 2003/55/EC
ACTS
1. Act XL of 2008 on natural gas supply (hereinafter GET)
2. Act XXVI of 2006 on strategic storage of natural gas
3. Act LIII of 1995 on general rules for environmental protection as amended (hereinafter
Environmental Protection Act)
4. Act XLVIII of 1993 on mining (hereinafter Bt. )
5. Act XLV of 1991 on measurements as amended (hereinafter Measurement Act)
6. Act IV of 1959 and Act of CXX of 2009 on the Civil Code (hereinafter Ptk.)
7. Act LXXIV of 1992 on the value added tax (hereinafter VAT Act)
GOVERNMENTAL DECREES
1. Governmental Decree 19/2009. (I.30.) on the execution of provisions of Act XL of 2008 on
natural gas supply (hereinafter Vhr.)
2. Governmental Decree 203/1998. (XII.19.) on the execution of Act XLVIII of 1993 on mining
(hereinafter Bt. Vhr.)
3. Additional Governmental Decrees to be issued according to the applicable section of GET
MINISTERIAL DECREES
1. KHEM Decree 31/2009. (VI.25.) on determining natural gas system usage tariffs (hereinafter
Tariff Decree)
2. GKM Decree 86/2003. (XII. 16.) on the data service order of certain enterprises in natural gas
industry
HEO RESOLUTIONS
1. HEO Resolution No. 237/2009, natural gas storage licence for E.ON Földgáz Storage Zrt.
REGULATIONS
1. Grid Code for the Hungarian Natural Gas System (hereinafter Grid Code)
2. Guidelines for Good TPA Practice for Storage System Operators (GGPSSO)
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Code of Business Conduct Appendix No.3:
Advocacy Organisations
ORGANISATIONS REPRESENTING THE INTEREST OF SYSTEM USERS
REPRESENTATION FORUM OF INDUSTRIAL CUSTOMERS
1137 Budapest, Jászai Mari tér 6. II/14.
Telephone: 1 237-1380
Facsimile: 1 359-6440
Homepage: http://www.energiainfo.hu
E-mail: office@ief.hu
ASSOCIATION OF HUNGARIAN ENERGY CONSUMERS
1372 Budapest, PO Box: 433.
Telephone and facsimile: 1 224-1478
E-mail: mesz@mtesz.hu
NATIONAL ASSOCIATION FOR CONSUMER PROTECTION IN HUNGARY
1012 Budapest, Logodi u. 22-24.
Telephone: 1 311-1830, 1 311-7030
Facsimile: 1 331-7386
Homepage: www.ofe.hu
E-mail: ofeiroda@t-online.hu
ofebp@t-online.hu
HUNGARIAN ENERGY OFFICE
ENERGY PROVIDER AND CONSUMER PROTECTION MAIN DEPARTMENT
1081 Budapest, II. János Pál pápa tér 7.
Telephone: 1 459-7777
Facsimile: 1 459-7766
Homepage: www.eh.gov.hu
E-mail: eh@eh.gov.hu