TRANSPORT CONTRACT
Concluded in ……...
on ...........
between
SNAM RETE GAS S.p.A.
Company subject to management and co-ordination by Snam S.p.A.
with registered office at Piazza S. Barbara, 7
20097 – San Donato Milanese (MI)
Capital Euro 1.200.000.000,00 euro
V.A.T. no. and Tax Code n. 10238291008
R.E.A. Milano n. 1964271
in person of its legal representative
(hereinafter Snam Rete Gas)
and
with registered office in ______________
__________________________________
Tax Code __________________________
V.A.T. no. _________________________
Excise Duty Code ___________________
in person of its legal representative ______
(hereinafter User)
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Preamble
a)
Snam Rete Gas is in the business of transporting and dispatching of natural gas on its own
methane pipelines grid in accordance with the rules established in the Snam Rete Gas
Network Code, approved by the Electricity and Gas Authority under Resolution no. 75/03,
and its subsequent updates (hereinafter: “Network Code”).
b)
The User, in the person of the undersigned representative, whose powers are attested to by the
documentation attached to this Contract under A., is the party using the gas system and is
interested in acquiring transport capacity from Snam Rete Gas for its own use or for transfer to
others.
c)
It is the intention of the Parties under this Contract to agree the terms and conditions which,
dependent on the suspensive conditions outlined in article 3 of this Contract being met, are to
govern the transport service to be provided by Snam Rete Gas to the User.
Given this, the Parties indicated above
- hereby agree and enter into the following -
Article 1
VALIDITY OF THE PREAMBLE
The preamble constitutes an integral and essential part of this Contract and equate to an agreement.
Article 2
DEFINITIONS
2.1 Terms begin with capital in this contract, where not otherwise definite, have the meaning attributed
them in the glossary of Network Code
Article 3
PURPOSE OF THE CONTRACT
This Contract concerns:
a) Snam Rete Gas making transport capacity available to the User and the acquisition of the above
transport capacity by the User;
or
b) Snam Rete Gas making transport capacity available to the User and the acquisition of the above
transport capacity by the User together with the transport of the natural gas delivered by the User
to Snam Rete Gas and redelivered by Snam Rete Gas to the User in accordance with the
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procedures established in the Network Code.
The transport obligation does not entail an obligation to transfer the same gas delivered, but simply
an obligation to redeliver equivalent quantities of energy.
Article 4
SUSPENSIVE CONDITIONS
EFFECTIVE DATE AND TERM OF THE CONTRACT
4.1
The effective date and effect of this Contract are subject to the suspensive conditions indicated
hereunder being met:
a) establishing transport capacity commitments (quantity and term) by completing one or more
booking or transaction of capacities processes set down in chapters 5 and 7 of the Network
Code;
b) submission by the User of the financial guarantees in the aforesaid chapters 5 and 7 of the
Network Code with respect for the deadlines set down therein.
4.2
The suspensive conditions indicated in paragraph 3.1 above must be met by and no later than the
timescales set down by the Network Code for completing capacity booking or transaction
processes, as in paragraph 3.1 above.
The Parties mutually advise that failure to meet both the suspensive conditions indicated at points
a) and b) of paragraph 3.1 above within the above deadline shall result in this Contract being
definitively ineffective.
4.3
The term of this Contract shall coincide with the term of the capacity commitments to be
established due to and at the end of completing one or more capacity conferral or transaction
processes set down at chapters 5 and 7 of the Network Code, excluding all tacit renewals,
without prejudice to the rights and obligations which have accrued at that date.
Article 5
PROCEDURES FOR MANAGING PROCESSES AND TRANSACTIONS
The Parties agree that all processes and transactions of capacity, conveyance and/or transfer of
transport capacity of natural gas covered by this Contract are to be exclusively implemented
through the electronic management service prepared by Snam Rete Gas (hereinafter: “Capacity
Portal Service”), in accordance with the terms and conditions established by the Rules on use of
the service which are attached here to under A as an integral part of this Contract.
Article 6
CAPACITY COMMITMENTS
6.1 The maximum daily capacities committed by the User corresponding to each of the National Grid
Entry Points, National Grid Exit Points and Regional Transport Grid Redelivery Points, and more
generally the transport capacity commitments (quantity and term) under the Contract are those to
be established due to and after having completed one or more capacity booking or transaction
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processes as outlined in chapters 5 and 7 of the Grid Code, the results of which shall constitute an
integral part of this Contract.
6.2 In respect of Redelivery Points whose available capacity is equivalent to the transport capacity
under the reference conditions, as shown by the most recent monthly publication on the Snam
Rete Gas website, the User acknowledges that Snam Rete Gas is entitled to alter its combination
of physical redelivery points interconnected downstream.
6.3 The User undertakes to put in place – also in dealings with its own end customers – all the
activities and initiatives required and/or necessary in order to ensure perfect usability of the
transport service offered by the carrier on its own methane pipeline grid, expressly recognizing
as of now that Snam Rete Gas is excluded from any and all responsibility in respect of any
failure to effect the transport service under this Contract due to facts which cannot be directly
attributed to Snam Rete Gas itself.
Article 7
DUE PAYMENT
The payment due for the service under this Contract is to be determined by applying, for each
Thermal Year it is valid, the rates for the transport and dispatch of natural gas approved by
Resolution of the Electricity and Gas Authority
Article 8
NETWORK CODE
8.1 Services established in art. 3 are disciplined by present contract and Snam Rete Gas Network
Code. Snam Rete Gas and the User undertake to respect and apply the Network Code.
8.2 Restricted to the case where transport capacity commitments were established as in paragraph 6.1
referred to interconnections (entry or exit) with the Snam Rete Gas Network, the User -- without
prejudice to the compliance commitment in paragraph 8.1 -- undertakes to highlight the temporal
terms of the purchase contract and/or of the storage contract.
Article 9
ADMINISTRATIVE RESPONSIBILITIES
The User declares to know the current regulations on administrative responsibility of the legal person
and, in particular, the Legislative Decree no. 231 of 8th June 2001, and to have looked the document
“Modello 231”, that includes the Code of Ethic, written by Snam Rete Gas referred to law on
administrative offense of legal person based on crime committed by administrators, employee and/or
collaborators. The “Modello 231” is available on Snam Rete Gas website. In every moment, the User
could require to Snam Rete Gas a hard copy.
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Article 10
ANTI-MONEY LAUNDERING
Snam Rete Gas declares to observe the rules referred to Legislative Decree no. 231 of 21st November
2007, agree to obligations of “active collaboration” (through signaling of suspicious transactions,
documents retention, internal control ), aimed to prevent and inhibit the realization of anti-money
laundering and sponsor terrorism.
According with art. 648 bis of penal code and with art. 2 of Legislative Decree no. 231 of 21st
November 2007, note that anti-money laundering mean: the conversion, the transfer, the hiding, the
dissimulation or the acquisition, the detention or the use of goods, made with knowledge that they
come from criminal activity or from a participation to it. For terrorism sponsor see the definition
contained into Legislative Decree of 22nd June 2007.
The User declares to know the Legislative Decree no. 231 of 21st November 2007 referred to antimoney laundering and sponsor terrorism.
The User declares under its responsibility to know that money, goods or any other kind of things
referred to this contract don’t come from criminal activities.
Snam Rete Gas and User agree that the transformation of the declaration made above by the User
constitutes breach of contract.
Consequently Snam Rete Gas could terminate the contract if:
 sentence at first instance or requested by ex art. 444 c.p.p. referred to User relatively to don’t respect
the rules anti-money laundering or terrorism sponsor contained into Legislative Decree no. 231 of
21st November 2007.
Snam Rete Gas reserves the right to charge to User all costs and expenses arising from or resulting
from early termination of this contraqct.
Article 11
FINAL DISPOSITIONS
11.1 Although not expressly provided in this contract is understood to referred to Network Code and
to Authority for Electricity and Gas resolutions.
11.2
The User provides to Snam Rete Gas all necessary information to the execution of the present
contract. Referred to this, the User acknowledge that have read the information on the
processing and using of personal data available on Snam Rete Gas website as regulated by art.
13 of Legislative Decree no. 196 of 30th June 2003.
11.3 This contract is filled in two original hard copy, one for Snam Rete Gas and one for User.
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11.4 All announcements, notifications or other communications referred to this Contract that could’nt
be communicate via Capacity Portal web application will sent to the following addresses:
for Snam Rete Gas:
Piazza S. Barbara, 7
20097 San Donato Milanese (MI)
Fax no. +39 02 – 370 30396
Certified electronic mail: snamretegas.contratti@pec.eni.it
to att.ne del Responsabile Contratti di Trasporto e Fatturazione
o
Piazza S. Barbara, 7
20097 San Donato Milanese (MI)
Fax no. +39 02 – 370 30171
to att.ne del Responsabile Gestione Contratti e Bilanciamento
for consumer:
[USER]
[Address]................., n. ....
....[ZIP Code]...., .......... [City] ........... (...)
fax..............................
Certified electronic mail: ..............................
or to different address and/or fax number that each parts can communicate in writing mode to
other as established by this comma.
11.5 The qualifications delivery by Snam Rete Gas to User for access to application it will made by
sending an e-mail to the following e-mail address: ……………. to name [name]..............., [last
name]..............., [tax code] ............... [birth date]……/……/……….
11.6 Parts also confirm that really domicile is the one filled in the above paragraph 11.4 and eventual
judicial notifications must be sent to this address.
San Donato Milanese, the…
SNAM RETE GAS
[CONSUMER]
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According to and for the purposes of Civilian Code articles. 1341 and 1342. the User declares to
approve the clauses of Contract mentioned below:
Articolo 5) Modalità di gestione dei processi e delle transazioni
Articolo 6) Impegni di capacità
San Donato Milanese, the…
SNAM RETE GAS
[CONSUMER]
Annex:
A. Regulations for the Use of the Capacity Portal web application and relative annex A1.
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