Secondary trade

9.2. Capacity utilization rights transfer (Secondary capacity trade)

9.2.1. The User has the right, under the conditions prescribed by the law governing the obligation relations and in the manner prescribed by the Rules, to assign the Contract to another User or Registered Entity or to amend the Contract in order to reduce / increase the contracted capacity if another User or Registered Entity accepts the use of that capacity/reduction of the contracted capacity (hereinafter: the transfer of the right to use the capacity).

9.2.2. The minimum contracted capacity for which the User can transfer the right to use the capacity is 2,000 Sm3/day.

9.2.3. The transport of natural gas on the basis of the annual capacity transfer begins on the first gas day of the gas month following the month in which OTS concluded the new Contract and Annex to the Contract, i.e. the Contract on Assignment of the Contract on Natural Gas Transport (hereinafter: Assignment Contract).

9.2.4. The User who is transferring the right to use the capacity and the Registered Entity/User to whom the right is transferred shall submit separate bids to the OTS.

9.2.5. If the User transfers the right to use the capacity from one Contract to several Registered Entities/Users, he is obliged to submit several separate offers to OTS.

9.2.6. OTS publishes bid forms on its website.

9.2.7. Bids for the transfer of the right to use the annual capacity shall be submitted to the OTS no later than 20 (twenty) working days before the beginning of the first gas month to which they relate. Bids for the transfer of the right to use the monthly capacities shall be submitted to the OTS no later than 3 (three) working days before the beginning of the gas month to which they relate.

Bids for the transfer of the right to use daily capacities shall be submitted to the OTS no later than 36 (thirty six) hours before the start of the gas day to which they relate.

9.2.8. If the submitters request the transfer of the contracted capacity in its entirety, they should submit separate bids to the OTS and request the consent of the OTS to the assignment of the Contract, stating that they have mutually agreed on the assignment of the Contract and stating the number and date of the Contract for which they require the OTS consent in accordance with the law.

9.2.9. When requesting the transfer of a part of the contracted capacity, the bidders submit separate bids (bid for amendment to the Contract and bid for concluding a new Contract or its amendments), which contain:

• the statement of the User that he agrees to transfer the part of the contracted capacity to another User/Registered Entity, to which end he submits an offer to the       OTS for concluding the Annex to the Contract to reduce the contracted capacity          for the part transferred to the User/Registered Entity on the secondary market, i.e.
• a statement by the User/Registered Entity that they accept the use of a part of the capacity contracted by another User, provided that the new Contract with OTS is     amended, i.e. concluded in the capacity it obtains on the secondary market,

9.2.10. Bids from item 9.2.8. and 9.2.9. also contain:

• data on the User, i.e. data on the Registered Entity/User to whom the right to use the capacity is transferred;
• the Input/Output code to which the transfer of capacity use rights relates;
• capacity in Sm3/day transmitted;
• planned quantities of natural gas in monthly dynamics;
• the gas day on which the transport starts;
• type of capacity.

9.2.11. The Bidder may not amend or revoke the bid after its submission to the OTS.

9.2.12. When requesting the assignment of the Agreement by which the annual capacity is agreed, upon the receipt of both offers the OTS invites the User/Registered Entity (recipient of the Contract) to submit the means of securing payment for the transport service or to make an advance payment. When requesting the assignment of the Agreement by which the monthly and daily capacity is agreed, the User/Registered Entity (recipient of the Contract) also makes an advance payment in the amount determined by the Rules on the day of submitting his offer.

9.2.12.1. If the User/Registered Entity submits the required means of securing payment, i.e. pays an advance in a certain amount and within the set deadline for the assignment of the Contract, OTS will inform the submitters that on its agreement to assign the Contract:

• no later than 10 (ten) working days before the beginning of the gas month in which the transport of natural gas begins in the contracted annual capacity;
• no later than 2 (two) working days before the beginning of the gas month in which the transport of natural gas begins in the agreed monthly capacity;
• no later than 24 (twenty four) hours before the start of the gas day in which the transport of natural gas begins in the agreed daily capacity

9.2.12.2. The Agreement on Assignment of the Contract shall be considered concluded on the day the notification on OTS consent to the assignment of the Contract is received.

9.2.13. When the transfer of the part of the annual capacity is requested, upon the receipt of both offers the OTS invites the User/Registered Entity (the receiver of the capacity part) to submit the means of payment for the transport service or to make an advance payment in the amount corresponding to the part of the contracting capacity.

When requesting the transfer of part of the monthly or daily capacity, the User/Registered Entity (the receiver of the capacity part) on the day of the bid submission also makes an advance payment in the amount determined in accordance with the Rules so that it corresponds to the contracting capacity.

9.2.13.1. If the User/Registered Entity submits the required means of securing payment within the deadline set by OTS, i.e. pays an advance in a certain amount and within the deadline for transferring the right to use the part of the capacity, the OTS will inform the applicants that it has accepted the offer to amend and conclude a new Contract:

• no later than 10 (ten) working days before the beginning of the gas month in which the transport of natural gas begins in the contracted annual capacity;
• no later than 2 (two) working days before the beginning of the gas month in which the transport of natural gas begins in the agreed monthly capacity;
• no later than 24 (twenty four) hours before the start of the gas day in which the transport of natural gas begins in the agreed daily capacity.

9.2.13.2. The Annex to the Contract and the new Contract, i.e. the Annexes to the Contract, are considered concluded on the day of receipt of the notification on OTS acceptance of bids for change, i.e. bids for change and bids for conclusion of a new Contract.

9.2.13.3. Attached to the notification referred to in item 9.2.13.2., OTS submits a signed copy of the written Contract, i.e. an annex to the Contract in order to provide evidence of the concluded business agreement.

Forms:

• The proposal for capacity utilization rights transfer  
• The notification of consent to the transfer of rights to the whole capacity
• The notification of consent to the transfer of rights to the part of the capacity