With its Decree of 6 Mar. 2013 (published in “Gazzetta Ufficiale della Repubblica Italiana” no. 74 of 28 Mar. 2013, hereafter “Ministerial Decree of 6 Mar. 2013”), the Ministry of Economic Development approved the Natural-Gas Market Rules (hereafter: “New Rules”) in compliance with art. 30, para. 1 of Law 99/09. The New Rules represent a single body of legislation governing both the physical forward gas market (as per art. 32, para. 2 of Legislative Decree no. 93 of 1 Jun. 2011) and the spot gas market. The latter market, which took off on 10 Dec. 2010, is covered by the Gas Market Rules, approved by the Ministry of Economic Development on 26 Dec. 2010 and as subsequently amended and supplemented (hereafter “Previous Rules”). The aforesaid Ministerial Decree of 6 Mar. 2013 provided that the date of take-off of the Forward Gas Market would be set by a subsequent Decree to be issued by the Ministry of Economic Development at the proposal of GME, after an adequate experimental period.
Consequently, taking into account the synergies existing between the operation of the forward gas market and the one of the spot gas market, their proximity and their technical-operational coordination, also the date of effect of the provisions governing the spot market (contained in the New Rules) was deferred until the date of take-off of the forward gas market. In the meantime, the Previous Rules continued to apply.
With its Decree of 9 August 2013 (hereafter “Decree of 9 August 2013”), the Ministry of Economic Development has set the date of 2 September 2013 for the take-off of the forward gas market, pursuant to art. 1, para. 3 of the above-mentioned Ministerial Decree of 6 Mar. 2013. The Ministry of Economic Development has also established that: i. in order to promptly start transactions in the forward gas market according to the timescales indicated in the Decree of 9 August 2013, GME should - pursuant to art. 3, para. 3.6 of the New Rules - make any amendments and additions to the New Rules as might be necessary taking into account the results of the experimental period, and define implementing procedures for the regulatory provisions issued in preparation for the take-off of the new gas market configuration; ii. as of 2 September 2013, the Previous Rules should be fully superseded by the New Rules; iii. in order to allow interested parties an adequate period of familiarisation with the New Rules, GME should - without prejudice to the enforcement of the New Rules on the date of take-off of the MT-GAS and with exception to the provisions of art. 3, para. 3.6 thereof - publish the New Rules on its website on the date of adoption of the Decree setting the date of take-off of the MT-GAS.
As a result of the introduction of the MT-GAS, the current spot gas market platform will cease to exist and be replaced by the new MGAS platform governed by the New Rules. Therefore, the market configuration is as follows:
- Spot Gas Market (MP-GAS), consisting of the Day-Ahead Gas Market (MGP-GAS) and of the Intra-Day Gas Market (MI-GAS);
- Forward Gas Market (MT-GAS).
Thus, as of 2 September 2013, in compliance with the Decree of 9 August 2013, the MGAS will be governed by the New Rules, as well as by the Technical Rules entered into force on 2 September 2013. As a result, the New Rules and the Technical Rules will apply to participation in both the MP-GAS and the MT-GAS. However, parties already admitted to the market may exercise their right of withdrawal within 15 days of the enforcement of the New Rules, pursuant to art. 2, para. 2 a) of the Market Participation Agreement, signed upon submission of the Market Participation Application.
All current gas market participants are automatically admitted to the MT-GAS without having to file an additional application and/or additional documents, except as provided below in connection with the guarantee system. Therefore, for the additional services provided by GME, the above-mentioned participants will be required to pay to GME only the fees for the MWh covered by the transactions concluded in the MT-GAS. As regards the users designated to access the MT-GAS information system on behalf of the above-mentioned participants, GME will automatically register those currently authorised to operate on the MP-GAS and specified in point 6) of the market participation application (and any changes or additions thereto).
Market participants wishing to differentiate or increase the number of users to be authorised for the MP-GAS and/or MT-GAS will have to file an appropriate “richiesta di gestione abilitazione utenti” (application for managing users’ authorisations) or “richiesta di integrazione abilitazioni utenti” (application for adding users’ authorisations).
Parties not yet admitted to the MGAS and wishing to participate therein must file an appropriate participation application. For details, refer to the New Rules.
All parties carrying out transactions in the MGAS are required to pay the contribution applied to the MWh traded as per art. 8 of the New Rules.
With regard to the guarantee system, if gas market participants have already submitted a bank guarantee to GME and if such guarantee is still valid, they will have to merely replace it, by using the new bank guarantee form (Annex C) referred to in art. 55, para. 55.1 of the New Rules. Indeed, first-demand bank guarantees issued under art. 45, para. 45.1 of the Previous Rules will cease to have effect on 2 September 2013.
For requesting the return of the guarantees referred to in art. 45, para. 45.1 of the Previous Rules, market participants must send an e-mail message to contab@mercatoelettrico.org, specifying the data of the bank guarantee to be returned (issuing bank, reference number, amount and market participant in respect of which/whom it has been issued), as well as the address to which the original document is to be delivered. GME will carry out the necessary verifications and, if the guarantee is free of encumbrances, it will return the original document; if the guarantee is not free of encumbrances, GME will return it after the removal of such encumbrances.
The new bank guarantees pursuant to art. 55, para. 55.1 of the New Rules must be handed in or delivered (possibly by registered letter with return receipt or by courier) only to the bank in charge of GME’s treasury services, whose address is
Banca Popolare di Sondrio
Società Cooperativa per Azioni
Viale Cesare Pavese, 336
00144 – Roma
Alla c.a.: Ufficio Crediti
Conversely, as regards financial guarantees in the form of cash deposits, no change is necessary. For details, refer to the New Rules.
Products and main features of the market
The MT-GAS is a continuous-trading physical forward market, where participants buy and sell contracts covering gas volumes that, at the end of the corresponding trading period, GME will register in the PSV system (as qualified operator therein) on behalf of the same participants, pursuant to AEEG’s Decision 525/2012/R/GAS.
In the MT-GAS, GME will organise a number of order books, one for each type of tradable product. In particular, the types of traded products are: yearly/thermal year, yearly/calendar year, half-yearly, quarterly, monthly and Balance-of-Month (BoM).
Natural-gas market rules
Technical rules MGAS
M-GAS USER GUIDE
Implementation guide |