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Natural Gas Sector Regulations (Obligation to Disclose Information of a Seller and Marketer of Natural Gas), 5782-2022

תקנות משק הגז הטבעי (חובת מסירת מידע של מוכר ומשווק גז טבעי), תשפ"ב-2022

Published: 2022-03-07Consolidated Hebrew text as of 2023-09-18 · Last amended 2022-05-10
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

This English text was translated from the official Hebrew using a range of translation tools, and it undergoes ongoing checks and updates. It is not a certified translation.

Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.

The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.

This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.

By virtue of my authority under Sections 68 and 105 of the Natural Gas Sector Law, 5762-2002 (hereinafter – the Law), and with the approval of the Economics Committee of the Knesset pursuant to section 2(b) of the Penal Law, 5737-1977, I hereby promulgate these Regulations:

Definitions§

1.

In these Regulations –

"semi-annual report" – a report pursuant to regulation 3;

"quarterly report" – a report pursuant to regulation 2;

"annual report" – a report pursuant to regulation 4;

"seller" – a person engaged in the sale of natural gas;

"marketer" – a person engaged in the marketing of natural gas;

"consumer" – a person who purchases gas for self-consumption;

"domestic consumer" – a consumer who purchases natural gas for domestic use, or a consumer for whom the pressure of the natural gas supplied at the segment connecting that consumer to the distribution network does not exceed 75 millibar and the maximum flow rate at that segment does not exceed 16 cubic metres of natural gas per hour;

"quarter" – a period of three months ending on the last day of the third month (the first quarter), the sixth month (the second quarter), the ninth month (the third quarter) and the twelfth month (the fourth quarter) of the year;

"reporting year" – a period of one year from 1 January to 31 December;

"natural gas sector emergency" – a natural gas sector emergency as defined in Section 91 of the Law.

Quarterly Report§

2.
(a)A seller or marketer who are natural gas suppliers shall submit to the Administrator a report once per quarter containing the following particulars in respect of the preceding quarter:
(1)identifying particulars;
(2)the quantities of natural gas sold or marketed to each consumer in each month;
(3)the price-linkage mechanisms as included in each natural gas sale or marketing agreement;
(4)the price at which natural gas was sold to each consumer in each month;
(5)the total revenues of the seller or marketer from sales or marketing of natural gas;
(6)the quantities of natural gas purchased by the marketer from each entity and the prices at which they were purchased from each entity;
(7)the exercise of conditions in sale or marketing agreements that resulted in a change of price, quantity or supply conditions, or in the cancellation of the agreement.
(b)A marketer to domestic consumers shall submit to the Administrator a report once per quarter concerning the average monthly marketing price of natural gas to domestic consumers and the quantities marketed in each month, broken down by local authority.
(c)Each quarterly report pursuant to sub-regulations (a) and (b) shall be accompanied by copies of agreements concluded during the quarter to which the report relates with another seller or marketer of natural gas or with consumers, other than domestic consumers, including back-up agreements between natural gas suppliers in routine and emergency situations, as well as any amendment to an agreement or any document altering a condition of the agreement specified in sub-regulation (a)(7), with an indication of the changes made to the agreement.
(d)The Administrator may, at his discretion, require a marketer to domestic consumers to attach to a quarterly report copies or samples of natural gas marketing agreements with domestic consumers.
(e)A quarterly report shall be submitted by the 15th day of the month following the month after the end of the quarter to which the report relates.

Semi-Annual Report§

3.
(a)In addition to a quarterly report pursuant to regulation 2(b), a marketer who is not a natural gas supplier shall submit to the Administrator a report once every half year containing the particulars specified in regulation 2(a)(1) to (6) in respect of the two quarters preceding the date of the report; a semi-annual report in respect of the particulars specified in regulations 2(a)(2) and 2(a)(4) shall be in respect of each consumer, other than a domestic consumer.
(b)A semi-annual report in respect of the fourth quarter of the year preceding the date of the report and the first quarter of the year in which the report is submitted shall be submitted by 15 May of each year, and a semi-annual report in respect of the second and third quarters of the year in which the report is submitted shall be submitted by 15 November of each year.

Annual Report§

4.
(a)In addition to a quarterly report and a semi-annual report, a seller and a marketer shall submit to the Administrator once a year the following particulars and documents:
(1)identifying particulars;
(2)annual financial statements approved by an auditor for the reporting year that ended before the reporting date;
(3)a sales forecast for a period of one year from the reporting date, in accordance with the following provisions:
(a)quantity data shall be detailed at the monthly level such that, for each consumer or marketer of natural gas, the quantities expected to be sold or marketed each month during that period shall be presented, and the total quantities expected to be marketed or sold to all consumers and marketers each month shall also be presented;
(b)in the case of a swap transaction, a seller or marketer who is a natural gas supplier whose contractual obligation towards a consumer or marketer is fulfilled by means of another natural gas supplier shall indicate, in respect of each consumer or marketer of natural gas, the quantity sold or marketed to that consumer or marketer, with details of the field from which it was produced; for this purpose, "swap transaction" – a transaction in which the supply of natural gas by a seller or marketer who is a natural gas supplier replaces a contractual obligation to supply natural gas by a seller or marketer who is another natural gas supplier.
(b)In addition to that stated in sub-regulation (a), the following shall also apply:
(1)a seller or marketer who is a natural gas supplier shall provide a sales forecast for the period from 1 January of the reporting year and for the entire project period of a holder of a petroleum lease or a number of holders of petroleum leases for the supply of natural gas from a reservoir from which that supplier supplies natural gas (in this regulation – the project period), in accordance with the following provisions:
(a)the forecast shall be detailed for the entire project period of supply from the reservoir, for each consumer or marketer of natural gas;
(b)quantities shall be detailed by consumer and year, such that for each consumer or marketer of natural gas, quantity data shall be presented for each reporting year throughout the entire project period, and the total quantities expected to be marketed or sold to all consumers and marketers for each year shall also be presented;
(2)a marketer to domestic consumers shall submit a report on the number of consumers added and the number of domestic consumers removed during the reporting year that ended before the reporting date, and on the distribution of the various prices at which natural gas is marketed to domestic consumers at the end of the year, all broken down by local authority.
(c)An annual report shall be submitted by 15 May of each year, except for the information referred to in sub-regulation (a)(2), which shall be submitted no later than 31 July of each year.

Report for the Purpose of Preparedness for a Natural Gas Sector Emergency§

5.
(a)A seller and a marketer shall provide the Administrator, upon his request, with information required by the Natural Gas Authority for the purpose of preparedness for a natural gas sector emergency in the following areas:
(1)the projected consumption or order of a specific consumer, groups of consumers or all of that seller's or marketer's consumers during a period to be specified in the request;
(2)information as referred to in regulations 2 to 4 concerning new consumers of the seller or marketer about whom information was not provided in the last quarterly or semi-annual report;
(3)an update of the quantities of natural gas sold to each consumer since the last quarterly or semi-annual report submitted.
(b)In addition to the information specified in sub-regulation (a), a seller or marketer who are natural gas suppliers shall provide the Administrator, upon his request, with information in the following areas:
(1)the scheduled maintenance dates of their installations;
(2)the projected daily natural gas supply that they are able to sell or market during a period to be specified in the request.
(c)The Administrator shall notify the seller and the marketer of the date by which the information required pursuant to this regulation is to be provided, in accordance with the needs of the Natural Gas Authority and in accordance with the circumstances of the anticipated emergency in the natural gas sector.

Form of Report§

6.

Reports pursuant to regulations 2 to 4 shall be submitted in writing and in a digital format that enables, inter alia, computerised processing of the information; the Administrator shall publish on the Natural Gas Authority's website the manner of digital submission as aforesaid.

Joint Report§

7.

Where a number of sellers or marketers have jointly carried out sale and marketing activities in respect of which a report is required under these Regulations, they may submit a single joint report on their behalf in respect of those activities; nothing in the provisions of this regulation shall derogate from the obligation to report separately under these Regulations on sale and marketing activities carried out by each seller or marketer individually.

Completion of Particulars§

8.

The Administrator may require a seller or marketer who has submitted a report pursuant to these Regulations to provide clarifications in respect of a report or to furnish additional particulars and documents for the purpose of completing an incomplete report.

Exemption from Reporting§

9.

The Administrator may exempt a seller or marketer, on his own initiative or at their request, from providing information pursuant to these Regulations, in whole or in part, if the information is received by the Natural Gas Authority by virtue of another law.

Confidentiality§

10.

The Administrator, any person acting on his behalf, or any person who has received information pursuant to these Regulations, shall not disclose it to another person and shall not make any use of it, except for the purpose of performing the functions of the Authority under this Law and the regulations made thereunder, for advancing the objects of this Law, or pursuant to a court order.

Commencement and First Reports§

11.
(a)These Regulations shall come into force within thirty days of the date of their publication.
(b)Without derogating from the provision of sub-regulation (a), the following provisions shall apply:
(1)the first quarterly report pursuant to regulation 2 shall be submitted in respect of the first quarter of 2022;
(2)the first semi-annual report pursuant to regulation 3 shall be submitted in respect of the second and third quarters of 2022;
(3)the first annual report –
(a)pursuant to regulation 4(a)(2) and (b)(2) shall be submitted in respect of the 2021 reporting year;
(b)pursuant to regulation 4(a)(3) shall be submitted in respect of a period of one year from the date of the report in 2022;
(c)pursuant to regulation 4(b)(1) shall be submitted in respect of the period commencing on the 28th of Tevet 5782 (1 January 2022) and for the entire project period as defined in that regulation.

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RegulationsAdministrative Law

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