guidelines for the 2019 market test of trans adriatic · the purpose of these guidelines for the...

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Guidelines for the 2019 Market Test of Trans Adriatic Pipeline



Table of contents

1. Introduction 3

2. Definitions 6

3. Demand Assessment Phase 8

4. Coordinated Design Phase 11

5. Binding Phase 13

6. Disclaimer 14

7. Appendices 15



1. Introduction

The purpose of these Guidelines for the 2019 Market Test of Trans Adriatic Pipeline (“the Guidelines”) is to define the rules and procedures to be followed in the Market Test process to be conducted by TAP starting in 2019, as well as to inform all Interested Parties, and any other stakeholders thereof. During TAP’s Market Test, all Interested Parties can request incremental capacity in the TAP transportation system (“Capacity Requests”), as well request the construction of new entry and/or exit points and/or the increase of the technical capacity of already existing entry and/or exit points along TAP’s transportation system (“Connection Requests”). These Guidelines reflect TAP’s specific regulatory regime for the performance of its Market Tests. They seek to align the provisions of the Final Joint Opinion of the Energy Regulators on TAP AG’s Exemption Application, dated 6 June 2013, granted by the Authorities pursuant to Directive 2009/73/EC (“FJO”) and of TAP’s Tariff Code1 with EU Regulation 2017/459 establishing a network code on Capacity Allocation Mechanisms in gas transmission systems (“CAM NC”).

In compliance with Section 4.1.7 FJO, these Guidelines have been approved by the competent National Regulatory Authorities of Italy, Greece and Albania (“Authorities”), namely ARERA, RAE and ERE. 1.1 The requirement to expand capacity

For its Initial Capacity, TAP is exempted from provisions on third party access, regulated tariffs and ownership unbundling subject to the terms of the FJO. The exemption from regulated tariffs and ownership unbundling also applies to TAP’s actually built Expansion Capacity. According to the FJO, TAP must perform a Market Test at least every two years, starting no later than its Commercial Operation Date (“COD”). Article 26 CAM NC requires TSOs to launch a coordinated and market-based procedure to assess the need for incremental capacity. 1.2 The Market Test

The Market Test is an open, transparent and non-discriminatory procedure. The process reflects TAP’s unique and specific regulatory context and incorporates guidance on how TAP will participate in the wider incremental capacity process set out in Chapter V of CAM NC. An overview of its phases is set out in Figure 1 below.

1 Approved in November 2013 by the Italian, Greek and Albanian National Regulatory Authorities. A subsequent amendment was approved in July 2018.



Figure 1: Overview of the Market Test

The main defined deadlines applicable to the Non-Binding Phase of TAP’s 2019 Market Test are the following:

TAP launches the Non-Binding Phase 1 July 2019

Interested Parties submit the Registration and Non-Binding Demand Indication Form

26 August 2019 – 17:00 CET

TAP and Adjacent TSOs publish Demand Assessment Report(s) 21 October 2019

TAP and Adjacent TSOs publish draft Expansion Project(s) for public consultation

14 January 2020

As an outcome of the Market Test, binding requests for Forward Firm Long-Term capacity may, subject to the conditions under the FJO, the TAP Tariff Code and relevant law applicable to TAP, lead to an investment obligation for TAP up to the Total Capacity of the pipeline in line with Section 4.1.8 FJO. These Guidelines do not address expansion beyond Total Capacity as mentioned by Section 4.1.9 of the FJO. If the situation arises, TAP will enter into separate discussions with the Authorities on the economic and technical feasibility of such future expansion possibilities beyond the Total Capacity and on the related processes and procedures for implementation.

Demand

Assessment

Phase(up to 16 weeks)

Information Phase

Binding Bidding

Phase

Coordinated

Design Phase

1

2

3

4

A) Interested Parties may submit non-binding demand indications to TAP w ithin 8 w eeks after

the start of the Annual Yearly Capacity Auction

B) TAP and adjacent TSOs coordinate to publish Demand Assessment Reports (“DAR”)

w ithin 16 w eeks after the start of the Annual Yearly Capacity Auction

A) TAP w ill coordinate w ith adjacent TSOs to publish the approved Expansion Project(s) as

w ell as any other documentation necessary for the Binding Bidding Phase.

B) Interested Parties w ill have a minimum of tw o months to consider the published

documentation prior to the start of the Binding Bidding Phase

A) Interested Parties may submit Binding Bids

B) TAP verif ies Economic Viability Tests and coordinates w ith adjacent TSOs for their

economic tests. Capacity is allocated in accordance with the FJO, the TAP Tariff Code and

the approved Expansion Projects, respecting any conditionality of bids.

A) Within 12 w eeks after the start of the Coordinated Design Phase, TAP and adjacent TSOs

coordinate to publish draft Expansion Project(s).

B) Follow ing public consultation, TAP w ill coordinate w ith adjacent TSOs to submit draft

Expansion Project(s) for approval of the relevant Authorities.

C) Authorities consider the draft Expansion Project(s) and publish coordinated decisions

Non

-bin

din

gB

ind

ing



The Guidelines do accommodate requests for building additional entry and/or exit points in Greece, in accordance with Section 4.7.5 FJO, and requests for increasing the technical capacity of existing and / or building additional entry and / or exit points in Albania, in accordance with Section 4.7.8 FJO. For such Connection Requests to be considered, all costs need to be borne by the party having made the request, according to Sections 4.7.5 and 4.7.8 FJO.



2. Definitions

This chapter contains the definitions and terminology used in these Guidelines. Any capitalised terms used but not defined herein will have the meanings given to them in the Final Joint Opinion or in the TAP Tariff Code.

Adjacent TSO means a TSO that shares an interconnection point with TAP and implements the EU energy legislation, including DESFA, ICGB, Albgaz and Snam Rete Gas.

Authorities means the National Energy Regulatory Authorities of Italy (‘ARERA’), Greece (‘RAE’) and Albania (‘ERE’).

Binding Bid means a bid submitted by an Interested Party during the Binding Bidding Phase.

Binding Phase means the general phase of the Market Test which is composed of the Information and Binding Bidding Phases.

Binding Bidding Phase means the final phase of the Market Test whereby Interested Parties can submit Binding Bids to TAP and during which TAP will perform the Economic Viability Test and will proceed to capacity allocation.

Capacity Caps means the pro-competitive measures for the Italian, Greek and Albanian market as set out in points 3, 6 and 9 of section 4.7 of the FJO.

Capacity Request means a binding and/or non-binding request to TAP from an Interested Party to acquire long-term capacity at TAP’s entry and/or exit points.

Connection Request means a binding and/or non-binding request to TAP from an Interested Party to build a new entry and/or exit point in Albania or Greece and/or to increase the technical capacity of an already existing entry and/or exit point in Albania, in accordance with Sections 4.7.5 and 4.7.8 FJO.

Coordinated Design Phase means the second phase of this Market Test.

Demand Assessment Phase means the first phase of this Market Test.

Expansion Capacity means capacity in the TAP transportation system made available in addition to Initial Capacity, up to 10 bcm/y, as referenced in the FJO.

Expansion Project means a project to expand TAP’s capacity in TAP’s existing entry and/or exit points or to establish new entry and/or exit points on TAP transportation system, in accordance with the FJO, the CAM NC and TAP’s Tariff Code.

Forward Firm Long-Term capacity means Capacity Products for transportation capacity in the TAP transportation system booked by reference to a separate Entry Point and Exit Point for the forward transportation of natural gas that is made available to Shippers for a period of more than one year and which TAP is not permitted to interrupt except for planned maintenance, capacity restrictions or a force majeure.



Guidelines means this document, approved by the Authorities, that sets out how TAP will perform the Market Test launched in 2019, with a view to offer all Interested Parties Expansion Capacity up to the Total Capacity of the pipeline as per section 4.1.7 of the FJO and to accommodate Connection Requests.2

Initial Capacity means the capacity of 10 bcm/y constructed and made available in the first phase of the TAP transportation system, as referenced in the FJO.

Interested Party means any legal person who is interested in participating in TAP’s Market Test.

Market Test means the process through which TAP assesses market demand for Expansion Capacity and Connection Requests, that includes a Non-Binding Phase, in which Interested Parties express and quantify their requests and a Binding Phase in which binding commitments may be entered.

Non-Binding Demand Indication means the Capacity Request and/or Connection Request indicated by the Interested Party through the filling out of the “Registration and Non-Binding Demand Indication Form”.

Non-Binding Phase means the general phase of the Market Test which is composed of the Demand Assessment and Coordinated Design Phases.

Participation Fee means the amount to be paid by the Interested Parties for participating in TAP’s Market Test.

Total Capacity means the sum of the Initial Capacity and Expansion Capacity, up to a total of 20 bcm/y, as referenced in the FJO.

2 For the avoidance of doubt, these Guidelines are distinct from the guidelines for TAP’s first market test, jointly approved by

the Authorities in April 2012, as referenced in the FJO.



3. Demand Assessment Phase

TAP invites all Interested Parties to participate in a Market Test. TAP will treat all Interested Parties in a

transparent and non-discriminatory manner.

To participate in the Demand Assessment Phase, any Interested Party must comply with the provisions of

these Guidelines and successfully submit the documents listed as Appendices A-E in Section 7 below, along

with any other documentation and information that might be required by TAP. The submission of a

Registration and Non-Binding Demand Indication Form (Appendix A) and related documentation by an

Interested Party does not give rise to any obligation on an Interested Party to submit a binding offer, nor

shall it bind TAP to invest and realise the Expansion Project.

A fee of 10,000 EUR is payable by each Interested Party wishing to participate in the Market Test. The

Participation Fee is set out by TAP in accordance with Article 26(11) CAM NC.

The Participation Fee is intended to cover the administrative costs for TAP of performing the Market Test

and must be paid together with the submission of the Registration and Non-Binding Demand Indication Form,

at the latest within 8 weeks of the opening of the Market Test.

The Participation Fee shall be reimbursed to each Interested Party if the Market Test results in the installation of at least one additional compressor unit in TAP, following a successful Economic Viability Test and execution of at least one Gas Transportation Agreement for Forward Firm Long-Term capacity with any user, also in case it is different form the Interested Party who made the request. TAP’s incurred administrative costs for the Market Test may then be taken into account for the recalculation of TAP’s tariffs in accordance with Clause 3.3.3 (d) of the TAP Tariff Code. Failure to pay the Participation Fee by the Interested Party may result in TAP disregarding any non-binding Capacity Requests or non-binding Connection Requests made by that Interested Party.

Market Test documentation which is deemed non-confidential by TAP will be published on the TAP’s website

and made available to the public. In case confidential documentation is required to be made available to

Interested Parties, access conditions for a data room may be described in the draft project proposal

published after the Coordinated Design Phase.

In the Demand Assessment Phase, Interested Parties can submit non-binding Capacity Requests and/or

non-binding Connection Requests.

The Demand Assessment Phase commences at least in every odd year immediately after the start of the

Annual Yearly Capacity Auction, as specified in Article 11(4) of NC CAM, and closes maximum 16 weeks

after the Annual Yearly Capacity Auction in accordance with Article 26 of NC CAM.

To make a submission, an Interested Party must complete the Registration and Non-Binding Demand

Indication Form (Appendix A) that must contain at a minimum the following information (conforming to

Articles 26(8)-(9) of CAM NC):



i. the type of request(s):

a. non-binding Capacity Request(s) at TAP’s already defined entry and/or exit points.

b. non-binding Connection Request for building an additional entry and/or exit point in Greece.

c. non-binding Connection Request for increasing the technical capacity of an existing and/or

building an additional entry and exit point in Albania.3

ii. the gas year(s) for which a demand for incremental capacity is expressed.

iii. the amount of capacity demanded and the requested direction.

iv. information on non-binding demand indications which were or will be submitted to other TSOs, in

case such indications are linked to each other.

v. indication whether the Non-Binding Demand Indication is subject to any condition in relation to points

i-iv above.

Interested Parties must submit any Non-Binding Demand Indications no later than 8 weeks after the Annual

Yearly Capacity Auction in accordance with Article 26 of CAM NC. It is the responsibility of the Interested

Parties to ensure that their non-binding Capacity Requests comply with any applicable Capacity Cap.

For the Authorities to be able to evaluate the compliance of the non-binding Capacity Requests with the

Capacity Caps, Interested Parties shall provide to the Authorities the information in the Capacity Cap Forms

(Appendix D), as well as any other information that the Authorities might request. It is the responsibility of

the Interested Party to obtain a non-objection from the Authorities in respect of their compliance with the

Capacity Caps set out in Sections 4.7.3, 4.7.6 and 4.7.9 FJO or as otherwise decided by the Authorities.

The Interested Party shall confirm to TAP that it has submitted the information in the Capacity Cap Form

(Appendix D) to the relevant Authority by the deadline for submitting the Registration and Non-Binding

Demand Indication Form (Appendix A). In addition, the Interested Parties shall confirm to TAP at the latest

2 (two) weeks prior to the end of the Demand Assessment Phase, that the relevant Authorities have deemed

them compliant with the Capacity Caps.

Considering that TAP is being extraneous to the Capacity Cap review process conducted by the relevant

Authorities and relies on the confirmation received from the Interested Parties, TAP is bound to carry out the

Market Test procedure within a certain timing, irrespective of any litigation potentially ongoing regarding the

potential denial of the non-objection by the Authorities.

It is the responsibility of the Interested Party who submits the Non-binding Demand Indications to TAP to

submit any corresponding non-binding demand indications to relevant Adjacent TSOs. In case of TAP’s

entry point at Kipoi, it is the responsibility of the Interested Party to initiate any procedures that may be

necessary for capacity to be made available at the non-EU side of the interconnection point.

3 An overview of the location of TAP’s block valve stations, entry and/or exit points as well as current and planned compressor stationsis provided in the supporting document ‘TAP Overall Map for the 2019 Market Test’.



If an Interested Party submits a Registration and Non-Binding Demand Indication Form (Appendix A), TAP

will respond in writing to that Interested Party in accordance with Article 26(10) of CAM NC. When applicable

and on a case by case basis, each written response may be based on TAP’s coordination with the Adjacent

TSO who operates the corresponding entry-exit system border to the TAP transportation system. In case of

Connection Requests, the response will include a requirement for commitments from the Interested Party to

cover the costs incurred by TAP in investigating such points.4 Such commitments would need to be

formalised between the Interested Party and TAP before TAP commences any work related to the requests

in the Coordinated Design Phase.

At the end of the Demand Assessment Phase, TAP, in association with Adjacent TSOs, will publish joint

demand assessment reports (DAR). These will evaluate the prospective demand for expansion of the TAP

pipeline and the prospective demand for expansion at its interconnection points with the transmission

systems of Adjacent TSOs. The reports will build on the template developed by ENTSOG and reflect Articles

26(12) and 26(13) of the CAM NC. In addition, the reports will also include requests for new or expanded

entry and/or exit points.

No later than 16 weeks after the start of the Annual Yearly Capacity Auction in accordance with Article 26(10)

of CAM NC, TAP, in collaboration with Adjacent TSOs, will publish the DAR in English on its website.

If the DAR concludes to initiate an Expansion Project the Market Test proceeds to the Coordinated Design

Phase.

If the DAR concludes not to initiate an Expansion Project, the Market Test ends, without prejudice to the

prerogatives the Authorities may have to challenge this conclusion.

4 Note that the FJO only obliges TAP to facilitate entry and/or exit points and not any other downstream infrastructure or spur

lines, etc…




4. Coordinated Design Phase

In the Coordinated Design Phase, TAP will work in association with Adjacent TSOs at the respective

interconnection points to design the Expansion Project(s). TAP will work with Adjacent TSOs to the extent

that cooperation does not conflict with the FJO, the TAP Tariff Code or any other regulatory instrument that

implements the FJO. In all circumstances, TAP retains the options and discretion afforded in the FJO.

The Coordinated Design Phase commences the day after the publication of a DAR that concludes to initiate

an Expansion Project.

TAP and the Adjacent TSOs will conduct technical studies to design the Expansion Project(s) and comprise

the result in project proposal(s). TAP foresees expansion up to the Total Capacity as set out in the Appendix

‘Technical Description of the TAP Transportation System’, available on TAP website.

TAP retains its right to request fees for the performance of technical studies necessitated by the non-binding

Capacity Requests. Such fees may be comprised in the project proposal and would be reimbursed under

the same conditions as the Participation Fee.

No later than 12 weeks after the beginning of the Coordinated Design Phase, TAP will in coordination with

Adjacent TSOs publish and publicly consult on the design of the proposed Expansion Project(s) comprised

in the project proposal(s). The public consultation will last for a minimum of one month and no longer than

two months.

The unique regulatory context of TAP necessitates that any project proposal(s) must contain certain

provisions to be consistent with the FJO. The public consultation will cover information in accordance with

Article 27(3) of CAM NC. This will include the rules that will govern the Binding Phase, including any

alternative allocation mechanism in the sense of Article 30 of CAM NC. Such alternative allocation

mechanism can be foreseen to be necessary in order to allow compliance with the rules laid down in Clause

3 of the TAP Tariff Code. It will also include an auction mechanism as mentioned by Clause 3.3.1 (e) of the

TAP Tariff Code.

Following the consultation, TAP and the Adjacent TSOs will finalise the design of the proposed Expansion

Project(s) and submit the project proposal(s) for the approval of the relevant Authorities. According to Article

28(2) CAM NC, within 6 months of the receipt of the complete project proposal(s) by the last of the relevant

Authorities, they should publish coordinated decisions on the project proposal(s).The project proposals

involving only Connection Requests may be treated individually according to a separate timeline, as such

requests are not subject to an economic test, but only to a technical feasibility test. According to Sections

4.7.5 and 4.7.8 FJO, costs for such requests will be borne by the requesting third party, according to the

national legislation in place at the time of the request.



If the Authorities approve the project proposal(s), the Market Test will proceed to the Binding Phase.5

If the Authorities do not approve the project proposal(s), the Market Test ends.

5 This approval step is without prejudice to the options and discretion afforded to TAP by the FJO and the TAP Tariff Code.




5. Binding Phase

Overall, the Binding Phase provides Interested Parties with the opportunity to make binding Capacity

Requests at TAP’s entry and/or exit points and also to make binding commitments for Connection Requests.

The Binding Phase consists of the Information Phase and the Binding Bidding Phase.

The Information Phase starts when TAP, in coordination with the Adjacent TSOs, publishes the outcome of

the Coordinated Design Phase including the rules governing the Binding Bidding Phase, previously approved

by the Authorities, and any further documentation necessary for the Interested Parties to participate in the

Binding Bidding Phase. These are to be made available by TAP at least 2 (two) months ahead of the opening

of the Binding Bidding Phase.

In the Binding Bidding Phase, Interested Parties may submit binding Capacity Requests and/or binding

Connection Requests.

In the case of binding Capacity Requests, TAP and adjacent TSOs would conduct relevant economic tests

and, if successful after taking into account any admissible conditionality that may have been stated in binding

bids, may allocate capacity to successful bidders and then may proceed to initiate required works to make

the requested capacity available.

In the case of binding Connection Requests, TAP will assess the viability of the request from a technical

perspective and will proceed following satisfactory commitments related to the coverage of costs in

accordance with Articles 4.7.5 and 4.7.8 of the FJO.



6. Disclaimer

No rights, other than those explicitly stated, may be derived from the contents of these Guidelines, the

appendices or the supporting documentation.

TAP has taken all reasonable endeavours to ensure that the information in these Guidelines, the appendices,

and supporting documentation is correct at the time of publication. TAP assumes no liability in contract or in

tort or breach of statutory duty or otherwise for or in respect of any loss or damage howsoever arising in

respect of or in connection with the contents of this publication, its appendices and supporting

documentation.



7. Appendices

This chapter sets out the list of appendices that accompany this Guideline and the list of supporting

information and documentation available on TAP website.

Attached to these Guidelines are the following forms that relate to TAP’s Market Test:

- Appendix A: Registration and Non-Binding Demand Indication Form.

- Appendix B: Affidavit on accuracy of information provided by the Interested Party.

- Appendix C: Confidentiality Agreement.

- Appendix D: Capacity Caps Form.

- Appendix E: Declaration of No Objection from the Authorities.

Supporting Documentation

TAP website will include all relevant current information and documentation for participating in the Market

Test, including but not limited to the following:

- Technical Description of the TAP Transportation System for the 2019 Market Test.

- TAP Overall Map for the 2019 Market Test.

- TAP Capacity Overview for the 2019 Market Test.

- Draft Gas Transportation Agreement6, consisting of:

o Draft Transportation Confirmation.

o Draft General Terms and Conditions.

o Draft TAP Network Code.

6 The documents constituting the draft Gas Transportation Agreement are made available for convenience and information

only, and are in the same version as published on TAP’s corporate website on 7 August 2018 for the purposes of the public consultation of the TAP Network Code. The TAP Network Code in particular is currently undergoing revision following the public consultation, and is subject to approval from the Authorities. Final documents will be made available for the Binding Phase.



- TAP Tariff Code.

- Final Joint Opinion.

- Regulatory Compliance Programme.

All documents available on TAP’s website will be in English.

TAP reserves the right to update the supporting documents above at all times. Should any such update take

place during the Non-Binding Phase, TAP will notify Authorities and all Interested Parties in a timely manner.

8

Appendix A

Registration and Non-Binding Demand Indication form

1. REGISTRATION FORM

Send to:

Marija Savova

Head of Commercial

Trans Adriatic Pipeline AG

Lindenstrasse 2

6340 Baar, Switzerland

Phone: +41 41 747 3400

Fax: +41 41 747 3401

www.trans-adriatic-pipeline.com

[email protected]

General information

Name of Interested Party: ___________________________________________________

Registered address: ________________________________________

__________________________________________

Register number (if applicable):_______________________________________

Contact person (name): ________________________

Position: ____________________

Telephone: _____________

Fax: ______________

8

E-mail: _____________________________

Contact address of the Interested Party:

___________________________________________

___________________________________________

The Interested Party confirms by ticking the boxes below that:

□ An authorized representative has signed the Confidentiality Agreement and this is enclosed.

□ The Participation Fee has been paid.

□ That the relevant Authority (please specify here: ……………………………………….) has received the completed Capacity Caps Form from the Interested Party.

□ Audited accounts for the last 3 completed financial years are enclosed.

8

□ Sanctioned gas1 will not be introduced into or transported through any part of the TAP pipeline as this is further detailed in the Gas Transportation Agreement template.

□ No person employed at senior management level in the company of the Interested Party or representing that company has been convicted for being a member of a criminal organization or has been convicted for offences of fraud, corruption or money laundering.

Registration and Non-Binding Demand Indication Form.

1 The definition of “Sanctions” can be found in Section 3.2 of the Appendix “General Terms and Conditions for the Transportation of Gas” available on TAP’s corporate website.

□ Proof of power to sign on behalf of the Interested Party should be included containing a certified copy from the relevant company register (where applicable) or power of attorney signed by legal representative (if necessary) have been enclosed.

□ It has not been declared bankrupt and is not currently subject to any form of insolvency proceeding.

□ The Non-Binding Demand Indications Form as set out below, has been duly filled out by the Interested Party.

□ Has acknowledged the need to submit the Declaration of No Objection from the Authorities to TAP.

□ Has acknowledged the provisions of the „Data Protection Information“ document uploaded on TAP’s Market Test webpage.

The documentation set out above represents mandatory supporting documentation and information and is submitted along with this

8

2. NON-BINDING DEMAND INDICATIONS FORM

Please specify your interest in:

1. Capacity Requests

From

Entry-Exit point

To

Entry-Exit point

Capacity Type

(Forward Firm Long-Term / Commercial Reverse)

Gas Years Amount

kWh/d

8

Please specify whether the above non-binding Capacity Requests are subject to any conditions:

________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________

Please specify whether the above non-binding Capacity Requests are linked to other non-binding demand indications submitted/to be submitted to other TSOs.

If YES, please specify name of TSO___________________________________________________________________________________________

If NO, please elaborate

________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________

8

2. Connection Requests

Entry and/or Exit Country

Greece/Albania

Purpose Amount of capacity envisaged

Please specify whether you are also interested in submitting non-binding Capacity Request(s) corresponding to the Connection Request.

If YES, please fill it out in Table 1.

If NO, please elaborate here

________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________

Please attach separately further information on the exact geographic location and any other specifications for the Connection Request.

Please note that, according to Section 4.7.5 and 8 of the Final Joint Opinion of the Energy Regulators on TAP AG’s Exemption Application, dated 6 June 2013, granted by the Authorities pursuant to Directive 2009/73/EC, all costs related to the construction and operation of such new entry and exit points will be borne by the third party who made the request, according to the national legislation in place at the time of the request.

8

By signing this Registration and Non-Binding Demand Indication Submission Form, any Interested Party agrees that:

1. The Interested Party agrees with and accepts the 2019 Market Test process as set out in TAP’s Market Test Guidelines and supporting documentation.

2. This document, including all data from the Interested Party can be shared by TAP with other TSOs for the assessment of the demand for incremental capacity at their joint Interconnection Points.

3. The submission of this Registration and Non-Binding Demand Indication Form neither binds the Interested Party to submit a binding offer, nor does it bind TAP to proceed to any investment or realisation of Expansion Capacity.

This Form is hereby submitted:

By: _____________________________________

Position: ____________________________________

Company: ________________________________

Telephone Number: ________________________

Fax: _____________________________________

E-mail: ____________________________________

Date: ____________________________________

Signature: ____________________________________

8

This Registration and Non-Binding Demand Indication Form and the documentation referred to herein are to be submitted to the email address [email protected] within 8 weeks from the start of the Demand Assessment Phase. It is in TAP’s discretion to accept the submission of relevant documentation mentioned herein, other than the Registration and Non-Binding Demand Indication Form and the confirmation regarding the submission of the information in the Capacity Caps Form (Appendix D) to the relevant Authority (by ticking the box above), beyond the aforementioned 8 weeks deadline, based on justifiable reasons.

*The Declaration of No Objection from the Authorities (Appendix E) shall be submitted to TAP at the latest 2 (two) weeks prior to the end of the Demand Assessment Phase.2

2 The Demand Assessment Phase lasts for a period of 16 weeks, in line with the provisions of Article 26 CAM NC.

Appendix B

ATTESTED AFFIDAVIT

I, [INSERT NAME OF PERSON]………………………………………, hereby declare for and behalf

of [INSERT NAME OF COMPANY]……………………………………………that as at [INSERT

DATE]………………………………….the information provided by [INSERT NAME OF

COMPANY]………………………………………………………………… ………………………in the:

Registration and Non-Binding Demand Indication Form.

Confidentiality Agreement.

Audited accounts for the last 3 completed financial years.

Any other document submitted, such as:

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

is true.

Signed by:

Print name: [NAME FOLLOWED BY SIGNATURE]…………………………………………………....

Position: [INSERT]…………………………………………………………………………………………..

Address: [INSERT]…………………………………………………………………………………………

I, [INSERT NAME OF PERSON]………………………………………………….………………………, [INSERT POSITION]…………………………………………………………………………………….OF [INSERT NAME OF LAW FIRM]………………………………………………………………………., a firm practising in [INSERT NAME OF COUNTRY]……………………………, certify that the signature above is the signature of [INSERT NAME OF PERSON]…………………………………………………………………………………………………….[INSERT POSITION]……………………………………………………………………………………...of [INSERT NAME OF COMPANY]…………………………………………………………………………………………………..

By: [SIGN & STAMP] ……………………………………………………………………………………….

Name: [INSERT]…………………………………………………………………………………………….

Position: [INSERT]…………………………………………………………………………………………..

Date: [INSERT]………………………………………………………………………………………………

1

Appendix C. Confidentiality Agreement

THIS AGREEMENT is made on the [●] day of [●] [year] (hereinafter the "Effective Date") by and between

Trans Adriatic Pipeline AG, a company duly organized and existing under the laws of Switzerland ("TAP AG"), with an office in Lindenstrasse 2, 6340 Baar, Switzerland, and

[●], a company duly organized and existing under the laws of [●] with its registered office located at [●] (the "Interested Party").

TAP AG and the Interested Party are hereinafter together referred to as "Parties" or individually as a "Party".

1. TAP AG is developing the Trans Adriatic Pipeline (TAP) Project which is to set up to plan, develop, construct and own a gas transportation system from Greece through Albania to Italy, and TAP AG is obliged to conduct a market test pursuant to Market Test Guidelines for Trans Adriatic Pipeline, as jointly approved by the national regulatory authorities of Albania, Greece and Italy (“the Authorities”), and the Final Joint Opinion of the Authorities on TAP AG’s Exemption Application dated 6 June 2013 granted by the Authorities pursuant to Directive 2009/73/EC.

2. The Interested Party wishes to participate in a market test to be performed by TAP AG for the purpose of assessing the interest of potential shippers in contracting expansion of the entry and/or exit capacity in the TAP’s transportation system, as well as the construction of new interconnection points along TAP’s transportation system (the “Purpose”). TAP AG is willing to disclose to the Interested Party information relating to TAP AG’s business which is strictly required for the Purpose, said information to include but not be limited to technical, commercial and operating data ("Confidential Information"). Such disclosure shall be in accordance with and subject to the terms and conditions of this Agreement.

3. In consideration of the disclosure referred to in item 2 above, the Interested Party receiving Confidential Information agrees that the Confidential Information is the property of TAP AG, and, subject to items 4, 5, 6 and 7 below, shall be kept strictly confidential and shall not be sold, traded, published or otherwise disclosed to any third party. The Interested Party further agrees that in the handling and storage of Confidential Information it will employ controls, protection and safeguards at least as stringent as the Interested Party would employ in the handling and storage of its own proprietary data and information.

4. The Interested Party may disclose the Confidential Information without TAP AG’s prior written consent to an Affiliated Company provided that the Interested Party guarantees the adherence of such Affiliated Company to the terms of this Agreement. "Affiliated Company" shall mean any legal entity which directly or indirectly (through one or more intermediates) controls or is controlled by or is under common control with such entity. For the purpose of this Agreement the term “control” is the possession, directly or indirectly, of the power to direct or cause the direction of the management or operating

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5. In addition to those persons and companies to whom Confidential Information is allowed to be disclosed according to paragraphs 4, 6 and 7, the Interested Party may disclose the Confidential Information without TAP AG’s prior written consent only to the extent such information:

a) was at the time of entering into this agreement lawfully in the possession of the Interested Party under no obligation of confidentiality; or

b) is already in possession of the public or becomes available to the public other than through the act or omission of the Interested Party in breach of this Agreement; or

c) is lawfully acquired independently under no obligation of confidentiality from a third party that has the right to disclose such information at the time it is acquired by the Interested Party, or

d) is required to be disclosed under applicable law or by governmental order, decree, regulation or rule (provided that the Interested Party shall give prompt written notice to TAP AG prior to such disclosure so that TAP AG may seek to obtain an appropriate protective order and the Interested Party shall cooperate to obtain such appropriate protective order) or in connection with required reports to governmental agencies or stock exchanges.

6. The Interested Party shall be entitled to disclose the Confidential Information without TAP AG’s prior written consent to such employees, officers and directors of the Interested Party or its Affiliated Companies who have a clear need to know strictly for the Purpose.

7. The Interested Party shall also be entitled to disclose Confidential Information to its consultants and outside advisors who need to have access to the same strictly for the Purpose, provided that a written undertaking to keep such information strictly confidential in substantially the same form as this Agreement is obtained from such person.

8. The Interested Party shall not use or permit the use of the Confidential Information except to the extent strictly necessary for the Purpose. The Interested Party shall be responsible for ensuring that all persons to whom the Confidential Information is disclosed under this Agreement shall keep such information confidential and shall not disclose or divulge the same to any unauthorised person, and the Interested Party agrees that it is responsible for any breach of any of the terms and conditions set out in this Agreement by its advisers and the employees, officers and directors of it and its Affiliated Companies.

9. The Interested Party agrees that monetary damages are an insufficient remedy for any actual or anticipatory breach of this Agreement, and that injunctive relief is an appropriate remedy to prevent the unwarranted disclosure of any Confidential Information. Such remedy shall not be deemed the exclusive remedy for any breach of this Agreement but shall be in addition to all other rights and remedies legally available to the Party claiming injunctive relief including the right for TAP AG to claim from the Interested Party a penalty of one million Euros.

10. The Confidential Information shall remain the property of TAP AG, and unless this Agreement terminates pursuant to paragraph 13 below, TAP AG may demand the return of original documents containing Confidential Information as well as the deletion

policies of the entity through the exercise of voting rights exceeding 50 % (fifty percent), contract, trust or otherwise or a right to appoint the majority of the directors of the entity.

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of copies thereof upon giving written notice to the Interested Party. Upon receipt of such notice, the Interested Party shall promptly return to TAP AG all original Confidential Information and shall ensure that all copies and reproductions thereof (including without limitation information stored in an electronic format) in its possession are destroyed. Notwithstanding the previous two sentences, the Parties acknowledge and agree that:

a) the Interested Party has no obligation to destroy any decision-making documents submitted to its management that incidentally reflect or refer to Confidential Information,

b) the computer systems of the Interested Party may automatically back-up Confidential Information disclosed under this Agreement, and

c) to the extent the computer back-up procedures of the Interested Party creates copies of the Confidential Information, the Interested Party may retain those copies for the period it normally archives backed-up computer records, which copies are subject to the confidentiality obligations of this Agreement until they are destroyed.

11. The disclosure of Confidential Information pursuant to this Agreement, and any prior or future discussions or other communications between the Parties shall not confer any right nor impose or create any legally binding obligations on the Parties other than those agreed herein or as otherwise expressly agreed subsequently to the date hereof in writing. Neither Party shall rely upon any representation nor expectation that the other Party will enter into any relationship or transaction unless based upon another agreement in writing signed by the Parties. Nothing contained in this Agreement is intended to imply or create an exclusive relationship between the Parties, or to prevent either Party from having discussion with third parties. Nothing in this Agreement implies any partnership or joint venture between the Parties or is to be construed as making one party the agent or fiduciary of the other with respect to the Purpose.

12. Whilst TAP AG discloses the Confidential Information in good faith it makes no representation or warranties, express or implied, as to the quality, accuracy and completeness of the Confidential Information disclosed hereunder. Any use or reliance upon the Confidential Information shall be at the sole risk of the Interested Party.

13. The confidentiality obligations set forth in this Agreement shall take effect on the Effective Date and shall remain in force until five (5) years from the Effective Date, unless otherwise set forth.

14. This Agreement shall be governed by and interpreted in accordance with the laws of Switzerland.

15. Subject to paragraph 10 above, any controversy or dispute that may arise in connection with or as a result of this Agreement and that cannot be resolved by mutual agreement by the Parties shall be exclusively and finally settled by arbitration in Vienna in accordance under the Rules of Arbitration of the International Chamber of Commerce in effect at the time of submitting the request. The language of arbitration shall be English.

16. No amendments, changes or modifications to this Agreement shall be valid unless the same are in writing and signed by a duly authorised representative of each of the Parties hereto.

17. The Parties acknowledge and agree that, without prejudice to the provisions of paragraph 5(a) above, any Confidential Information received prior to the Effective Date

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of this Agreement shall be treated as Confidential Information in accordance with the terms of this Agreement.

IN WITNESS WHEREOF, the duly authorised representatives of the Parties have caused this Agreement to be executed on the date first written above. Trans Adriatic Pipeline AG By: _________________________ and by _________________________ [name of Interested Party] By: ___________________________ and by _________________________

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1) If such information is not reasonably available to you in part or in whole, 2) If you consider that any particular information required, may not be necessary for the ERE

assessment. Any request must be duly reasoned. 2. INFORMATION ABOUT THE INTERESTED PARTIES Please provide: 2.1 Name of the undertaking concerned; 2.2 Name of the group the undertaking concerned belongs to; 2.3 Name, address, telephone number and e-mail address of, and position held by, the contact person; 2.4 If one or more authorized external representatives of the undertaking are appointed, the contact details of the representative(s) to which communications from ERE can be addressed. 3. INFORMATION ON MARKET SHARES 3.1 Gas imports to Albania For each of the last two consecutive years, please provide:

1 Please note that a separate capacity cap form may also be required to be submitted to the Authorities in the Binding Phase of TAP’s 2019 Market Test process.

1. INTRODUCTION 1.1 The purpose of this Form This form specifies the information that must be provided by the Interested Parties in Trans Adriatic Pipeline’s (TAP) Non-Binding phase of the Market Test process, pursuant to the Guidelines for the 2019 Market Test of Trans Adriatic Pipeline (Guidelines) in order to obtain a non-objection from the Albanian Energy Regulatory Authority (ERE) on the compatibility of their non-binding Capacity Requests with the Capacity Caps set by paragraph 4.7.9 of the FJO.1 Pursuant to the Guidelines, in order for ERE to be able to evaluate the compliance of the non-binding Capacity Requests with the capacity caps, Interested Parties shall provide to ERE the information set out hereinbelow, as well as any information that ERE may deem to be relevant for this purpose. The submission of the information below to ERE needs to be confirmed by the Interested Party to TAP by ticking the relevant box in the Registration and Non-Binding Demand Indication Form (Appendix A), which means that the deadline for having ticked this relevant box (and thus having confirmed the submission of information to ERE) is the same as for submitting Appendix A to TAP, i.e. within 8 weeks from the start of the Demand Assessment Phase. In order to ensure a smooth process, it is therefore essential that ERE is provided, in a timely fashion, with all the information required to carry out its assessment. 1.2 Requests for waivers You may request in writing dispensation (waivers) to provide some of the requested information, in the following cases:

APPENDIX D

FORM RELATING TO THE ASSESSMENT ON THE COMPATIBILITY OF THE NON-BINDING CAPACITY REQUESTS WITH THE CAPACITY CAPS PROVIDED BY PARAGRAPH 4.7 OF THE

FINAL JOINT OPINION (“FJO”)

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3.1.1. Your gas imports to Albania in value (in Euros) and volume (Mm3), an estimate of your undertaking’s market shares and an estimate of the aggregate market shares for all the entities belonging to the same group your company is part thereof. The aggregate market shares shall be calculated by adding together the respective market shares of the following: (a) the undertaking concerned; (b) those undertakings in which the undertaking concerned directly or indirectly:

1) owns more than half of the capital or business assets, or 2) has the power to exercise more than half the voting rights, or 3) has the power to appoint more than half the members of the supervisory board, the administrative

board or bodies legally representing the undertakings, or 4) has the right to manage the undertaking's affairs;

(c) those undertakings which have in the undertaking concerned the rights or powers listed in (b); (d) those undertakings in which an undertaking as referred to in (c) has the rights or powers listed in (b); (e) those undertakings in which two or more undertakings as referred to in (a) to (d) jointly have the rights or powers listed in (b); 3.1.2. An estimate of the total amount of gas imports to Albania in value (in euros) and volume (Mm3) based on which you have calculated the above market shares. In providing this information, please also indicate the basis and sources for the calculations and provide documents where available to confirm these calculations. 3.2 Sales on the Albanian market for wholesale supply of gas In order to reply to the below questions, please take into account all gas sales made to resellers and traders in Albania with the exclusion of gas supplies made to end-customers in Albania With respect to the afore-mentioned market and for each of the last two consecutive years, please provide: 3.2.1 Your sales in value (in Euros) and volume (Mm3), an estimate of your undertaking’s market shares and an estimate of the aggregate market shares for all the entities belonging to the same group your company is part thereof. The aggregate market shares shall be calculated according to point 3.1.1 above. 3.2.2 An estimate of the total amount of gas wholesale sales to Albania in value (in Euros) and volume (Mm3) based on which you have calculated the above market shares. In providing this information, please also indicate the basis and sources for the calculations and provide documents where available to confirm these calculations. 3.3 Retail supply of gas (including supplies to individual households and industries) In order to reply to the below questions, please take into account all gas sales made only to end-customers in Albania. With respect to the aforementioned market and for each of the last two consecutive years, please provide: 3.3.1 Your sales in value (in Euros) and volume (Mm3), an estimate of your undertaking’s market shares and an estimate of the aggregate market shares for all the entities belonging to the same group your company is part thereof. The aggregate market shares shall be calculated according to point 3.1.1 above. 3.3.2 An estimate of the total amount of gas retail sales to Albania in value (in Euros) and volume (Mm3) based on which you have calculated the above market shares. In providing this information, please also indicate the basis and sources for the calculations and provide documents where available to confirm these calculations. 4. FINAL DECLARATION The present form must conclude with the following declaration which is to be signed by or on behalf of the undertaking submitting the above information:

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"The submitting party or parties declare that, to the best of their knowledge and belief, the information given in this from is true, correct, and complete, that all estimates are identified as such and are their best estimates of the underlying facts, and that all the opinions expressed are sincere." 5. CONFIDENTIALITY If you believe that your interests would be harmed if any of the information you are asked to supply were to be published or otherwise divulged to other parties, submit this information with each page clearly marked "Business Secrets". The present form duly filled in must be submitted to the following email address:

LAVITANA

Typewritten text

[email protected]

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APPENDIX D FORM RELATING TO THE ASSESSMENT ON THE COMPATIBILITY OF THE NON-BINDING

CAPACITY REQUESTS WITH THE CAPACITY CAPS PROVIDED BY PARAGRAPH 4.7 OF THE FINAL JOINT OPINION (“FJO”)

1) if such information is not reasonably available to you in part or in whole, 2) if you consider that any particular information required, may not be necessary for RAE’s

assessment. Any request must be duly reasoned. 2. INFORMATION ABOUT THE INTERESTED PARTIES Please provide: 2.1. name of the undertaking concerned; 2.2. name of the group the undertaking concerned belongs to; 2.3. name, address, telephone number and e-mail address of, and position held by, the contact person; 2.4. if one or more authorized external representatives of the undertaking are appointed, the contact details of the representative(s) to which communication from RAE can be addressed. 3. INFORMATION ON MARKET SHARES 3.1 Gas imports (including both pipeline and LNG imports) to Greece For each of the last two consecutive years, please provide: 3.1.1. your gas imports to Greece in value (in Euros) and volume (Mm3), an estimate of your undertaking’s market shares and an estimate of the aggregate market shares for all the entities belonging


1. INTRODUCTION 1.1 The purpose of this Form This form specifies the information that must be provided by the Interested Parties in Trans Adriatic Pipeline’s (TAP) Market Test process, pursuant to the Guidelines for the 2019 Market Test of Trans Adriatic Pipeline (Guidelines), in order to obtain a non-objection from the Regulatory Authority for Energy (RAE) on the compatibility of their non-binding Capacity Requests with the capacity caps set by paragraph 4.7.6 of the FJO. 1 Pursuant to the Guidelines, in order for RAE to be able to evaluate the compliance of the non-binding Capacity Requests with the capacity caps, Interested Parties shall provide to RAE the information set out hereinbelow, as well as any information that RAE may deem to be relevant for this purpose. The submission of the information below to RAE needs to be confirmed by the Interested Party to TAP by ticking the relevant box in the Registration and Non-Binding Demand Indication Form (Appendix A), which means that the deadline for having ticked this relevant box (and thus having confirmed the submission of information to RAE) is the same as for submitting Appendix A to TAP, i.e. within 8 weeks from the start of the Demand Assessment Phase. In order to ensure a smooth process, it is, therefore essential that RAE is provided, in a timely fashion, with all the information required to carry out its assessment. 1.2 Requests for waivers You may request in written form dispensation (waivers) to provide some of the requested information, in the following cases:

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to the same group your company is part thereof. The aggregated market shares shall be calculated by adding together the respective market shares of the following: (a) the undertaking concerned; (b) those undertakings in which the undertaking concerned directly or indirectly:

1) owns more than half the capital or business assets, or 2) has the power to exercise more than half the voting rights, or 3) has the power to appoint more than half the members of the supervisory board, the

administrative board or bodies legally representing the undertakings, or 4) has the right to manage the undertaking's affairs;

(c) those undertakings which have in the undertaking concerned the rights or powers listed in (b); (d) those undertakings in which an undertaking as referred to in (c) has the rights or powers listed in (b); (e) those undertakings in which two or more undertakings as referred to in (a) to (d) jointly have the rights or powers listed in (b); 3.1.2. an estimate of the total amount of gas imports to Greece in value (in Euros) and volume (Mm3) based on which you have calculated the above market shares. In providing this information, please also indicate the basis and sources for the calculations and provide documents where available to confirm these calculations. 3.2 Sales on the Greek market for wholesale supply of gas In order to reply to the below questions, please take into account all gas sales (including LNG) made to resellers and traders in Greece with the exclusion of gas supplies made to end-customers in Greece (volumes to eligible customers that subsequently sell these volumes, e.g., LNG, to other eligible customers should be included in this section) With respect to the afore-mentioned market and for each of the last two consecutive years, please provide: 3.2.1. your sales in value (in Euros) and volume (Mm3), an estimate of your undertaking’s market shares and an estimate of the aggregate market shares for all the entities belonging to the same group your company is part thereof. The aggregate market shares shall be calculated according to point 3.1.1 above. 3.2.2 an estimate of the total amount of gas wholesale sales to Greece in value (in euros) and volume (Mm3) based on which you have calculated the above market shares. In providing this information, please also indicate the basis and sources for the calculations and provide documents where available to confirm these calculations. 3.3 Retail supply of gas (including supplies to individual households and industries) In order to reply to the below questions, please take into account all gas sales made only to end-customers in Greece With respect to the afore-mentioned market and for each of the last two consecutive years, please provide: 3.3.1. your sales in value (in Euros) and volume (Mm3), an estimate of your undertaking’s market shares and an estimate of the aggregate market shares for all the entities belonging to the same group your company is part thereof. The aggregate market shares shall be calculated according to point 3.1.1 above. 3.3.2 an estimate of the total amount of gas retail sales to Greece in value (in euros) and volume (Mm3) based on which you have calculated the above market shares. In providing this information, please also indicate the basis and sources for the calculations and provide documents where available to confirm these calculations. 4. FINAL DECLARATION The present form must conclude with the following declaration which is to be signed by or on behalf the undertaking submitting the information: "The submitting party or parties declare that, to the best of their knowledge and belief, the information given in this from is true, correct, complete, that all estimates are identified as such and are their best estimates of the underlying facts, and that all the opinions expressed are sincere."

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5. CONFIDENTIALITY If you believe that your interests would be harmed if any of the information you are asked to supply were to be published or otherwise divulged to other parties, submit this information with each page clearly marked as “Business Secret”. The present form duly filled in must be submitted to the following email address:

LAVITANA

Typewritten text

[email protected]

1

APPENDIX D

FORM RELATING TO THE ASSESSMENT ON THE COMPATIBILITY OF THE NON-BINDING CAPACITY REQUESTS WITH THE CAPACITY CAPS PROVIDED BY PARAGRAPH 4.7 OF THE

FINAL JOINT OPINION (“FJO”)

1) if such information is not reasonably available to you in part or in whole, 2) if you consider that any particular information required, may not be necessary for ARERA’s

assessment. Any request must be duly reasoned. 2. INFORMATION ABOUT THE INTERESTED PARTIES Please provide: 2.1. name of the undertaking concerned; 2.2. name of the group the undertaking concerned belongs to; 2.3. name, address, telephone number and e-mail address of, and position held by, the contact person; 2.4. if one or more authorized external representatives of the undertaking are appointed, the contact details of the representative(s) to which communications from ARERA can be addressed. 3. INFORMATION ON MARKET SHARES 3.1 Gas imports (including both pipeline and LNG imports) to Italy For each of the last two consecutive years, please provide: 3.1.1. your gas imports to Italy in value (in euros) and volume (Mm3), an estimate of your undertaking’s market shares and an estimate of the aggregate market shares for all the entities belonging to the same


1. INTRODUCTION 1.1 The purpose of this Form This form specifies the information that must be provided by the Interested Parties in Trans Adriatic Pipeline’s (TAP) Market Test process, pursuant to the Guidelines for the 2019 Market Test of Trans Adriatic Pipeline (Guidelines), in order to obtain a non-objection from the Italian Regulatory Authority for Energy, Networks and Environment (ARERA) on the compatibility of their non-binding Capacity Requests with the capacity caps set by paragraph 4.7.3 of the FJO.1 Pursuant to the Guidelines, in order for ARERA to be able to evaluate the compliance of the non-binding Capacity Requests with the capacity caps, Interested Parties shall provide to ARERA the information set out hereinbelow, as well as any information that ARERA may deem to be relevant for this purpose. The submission of the information below to ARERA needs to be confirmed by the Interested Party to TAP by ticking the relevant box in the Registration and Non-Binding Demand Indication Form (Appendix A), which means that the deadline for having ticked this relevant box (and, thus having confirmed the submission of information to ARERA) is the same as for submitting Appendix A to TAP, i.e. within 8 weeks from the start of the Demand Assessment Phase. In order to ensure a smooth process, it is, therefore essential that ARERA is provided, in a timely fashion, with all the information required to carry out its assessment. 1.2 Requests for waivers You may request in writing dispensation (waivers) to provide some of the requested information, in the following cases:

2

group your company is part thereof. The aggregate market shares shall be calculated by adding together the respective market shares of the following: (a) the undertaking concerned; (b) those undertakings in which the undertaking concerned directly or indirectly:

1) owns more than half the capital or business assets, or 2) has the power to exercise more than half the voting rights, or 3) has the power to appoint more than half the members of the supervisory board, the administrative

board or bodies legally representing the undertakings, or 4) has the right to manage the undertaking's affairs;

(c) those undertakings which have in the undertaking concerned the rights or powers listed in (b); (d) those undertakings in which an undertaking as referred to in (c) has the rights or powers listed in (b); (e) those undertakings in which two or more undertakings as referred to in (a) to (d) jointly have the rights or powers listed in (b); 3.1.2. an estimate of the total amount of gas imports to Italy in value (in euros) and volume (Mm3) based on which you have calculated the above market shares. In providing this information, please also indicate the basis and sources for the calculations and provide documents where available to confirm these calculations. 3.2 Sales on the Italian market for wholesale supply of gas In order to reply to the below questions, please take into account all gas sales (including LNG) made to resellers and traders in Italy with the exclusion of gas supplies made to end-customers in Italy (volumes to eligible customers that subsequently sell these volumes, e.g., LNG, to other eligible customers should be included in this section) With respect to the afore-mentioned market and for each of the last two consecutive years, please provide: 3.2.1. your sales in value (in euros) and volume (Mm3), an estimate of your undertaking’s market shares and an estimate of the aggregate market shares for all the entities belonging to the same group your company is part thereof. The aggregate market shares shall be calculated according to point 3.1.1 above. 3.2.2 an estimate of the total amount of gas wholesale sales to Italy in value (in euros) and volume (Mm3) based on which you have calculated the above market shares. In providing this information, please also indicate the basis and sources for the calculations and provide documents where available to confirm these calculations. 3.3 Retail supply of gas (including supplies to individual households and industries) In order to reply to the below questions, please take into account all gas sales made only to end-customers in Italy. With respect to the aforementioned market and for each of the last two consecutive years, please provide: 3.3.1. your sales in value (in euros) and volume (Mm3), an estimate of your undertaking’s market shares and an estimate of the aggregate market shares for all the entities belonging to the same group your company is part thereof. The aggregate market shares shall be calculated according to point 3.1.1 above. 3.3.2 an estimate of the total amount of gas retail sales to Italy in value (in euros) and volume (Mm3) based on which you have calculated the above market shares. In providing this information, please also indicate the basis and sources for the calculations and provide documents where available to confirm these calculations. 4. FINAL DECLARATION The present form must conclude with the following declaration which is to be signed by or on behalf the undertaking submitting the information: "The submitting party or parties declare that, to the best of their knowledge and belief, the information given in this from is true, correct, and complete, that all estimates are identified as such and are their best estimates of the underlying facts, and that all the opinions expressed are sincere."

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5. CONFIDENTIALITY If you believe that your interests would be harmed if any of the information you are asked to supply were to be published or otherwise divulged to other parties, submit this information with each page clearly marked "Business Secrets". The present form duly filled in must be submitted to the following email address:

LAVITANA

Typewritten text

[email protected]

APPENDIX E

Declaration of No Objection by Authorities

� has taken a decision that the Interested Party’s non-binding Capacity Requests is compatible

with the Capacity Cap as set out in point 3, 6 or 9 of section 4.7 of the FJO [specify relevant

section for market concerned].

Or:

� has given a tacit approval by not raising any concerns related to the compliance of the Inter-

ested Party’s submitted information in the Capacity Cap Form with the Capacity Caps by at

the latest 2 (two) weeks prior to the end of the Demand Assessment Phase.

I hereby declare that the information herein is true.

Interested Party

_____________________________________________________________________

By: ______________________________

Date: ______________________________

Signature:

___________________________________

Whereas, in accordance with the Guidelines for the 2019 Market Test of Trans Adriatic Pipeline , the

Authorities will need to evaluate the compliance of the non-binding Capacity Requests with the Ca-

pacity Caps set out in points 3, 6 and 9 of section 4.7 of the Final Joint Opinion (FJO).

Whereas, the Interested Party is responsible for obtaining the relevant Authority’s (ARERA, RAE,

ERE) non-objection regarding the compliance of their non-binding Capacity Requests with the Ca-

pacity Caps and must provide TAP AG with confirmation that the relevant Authority has not objected

to the Interested Party’s information submitted in the Capacity Cap Form (Appendix D). The sub-

mission of this Declaration of No Objection by Authorities (signed and dated) to TAP AG amounts to

this confirmation. Interested Parties should submit this Appendix E to TAP AG at the latest 2 (two)

weeks prior to the end of the Demand Assessment Phase.

Whereas, the Interested Party acknowledges that failure to provide such confirmation will result in

the non-binding Capacity Requests being deemed invalid.

Therefore:

The Interested Party declares that the relevant Authority (please specify: ………………………):

[please tick the applicable box]

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