Third party access obligation

The Directive establishes a number of rules intended to promote competition and market integration. The most important provision is the so-called third party access to the pipeline system. This means that the pipeline owner has an obligation to contract in respect to a third party wishing to transport gas. The consequence of this is that the pipeline owner cannot by the power of ownership decide who shall be permitted to use the transport facilities. Third party access makes possible increased competition among gas sellers and opens up the market for transport services. Another important aspect of the Directive is the requirement for unbundling of accounts between the various gas-related operations in integrated undertakings. 

There are several ways of implementing a system of third party access to the pipeline network. One option is that tariffs and the other terms and conditions concerning the pipeline owner s obligation to transport the gas of other suppliers are determined in advance of any request for access (regulated access). Alternatively, it could be left to the parties involved to negotiate the price and the other conditions (negotiated access). According to the Gas... 

Under a system with regulated third party access (Art. 16), the pipeline owner is obliged to transport the gas of the third party without further discussion, provided the terms and conditions established in advance, either by the state or by the transporter, are met. Hence, the state has a possibility for greater direct influence on the actual competition by regulated rather than by negotiated third party access. 

Gas pipelines are private carriers for their customers, without common carriage or third party access (TPA) obligations (1906). 

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