The 2003-8 French law of 3 January 2003, modified and completed by law 2004-803 of 9 August 2004, transposes among other things the provisions concerning access to liquefied natural gas (LNG) facilities as provided for by European Directive 2003/55/EC of 26 June 2003 concerning the common rules for the internal natural-gas market, abrogating the Directive 98/30/EC.

In this context, Storengy offers access to its underground natural-gas storage facilities. In conformity with decree 2004-555 of 15 June 2004 provided for by the law of 3 January 2003, Storengy communicated a project for technical requirements applying to the gas-storage facilities. In conformity with law 2003-8 of 3 January 2003 modified by the law 2004-803 of 9 August 2004, decree 2006-1034 of 21 August 2006 (in French) organises access to underground natural-gas storage sites:

• Article 3 provides in particular for the allocation of storage capacity to suppliers with an existing portfolio of end customers, on the basis of the provisions in the order of 20 January 2009 on profiles and unit rights to storage (in French);
• Article 8 states that any supplier can book, if necessary beyond the scope of its storage rights, capacity corresponding to as yet un-exercised but still available rights ;
• Article 14 states that once the priority needs mentioned in Article 3 have been met, surplus storage capacity is put on the market under transparent, non-discriminatory conditions.

Storage capacity required by the transport operator

In application of the measures in European Directive 2003/55/EC of 26 June 2003 and in article 30 of law 2003-8 of 3 January 2003 modified by Law 2004-803 of 9 August 2004, the transport network operator is entitled to priority use of the storage site, via a special flexibility and security contract that gives the operator access to storage capacity required for its public service missions.

Confidentiality

Storengy ensures that all information provided by applicants for access to storage when preparing or carrying out a Storage Access Contract remains confidential with respect to any other gas supplier, especially GDF SUEZ entities or subsidiaries responsible for marketing natural gas.

The confidentiality of commercially confidential information concerning shippers or suppliers is guaranteed. This information is only accessible to the operator’s staff and external service providers on a need-to-know basis, and to other legally authorised parties. This protection is guaranteed by article 9 of French law 2003-8 on the gas and electricity markets and public service utilities, modified by law 2004-803 of 9 August 2004 on electricity and gas public service utilities and electric and gas companies: “Each operator using infrastructure for transporting, distributing or storing natural gas or LNG facilities assures the confidentiality of all information which would infringe the rules of fair competition if communicated. The information in question is decided by Decree in the Conseil d’Etat [no. 2004-183 of 18 February 2004].”

To meet this obligation, Storengy applies internal measures based on informing and empowering its personnel and by adding special protection to its information system. The implementation of these measures is regularly audited. Outside these legal obligations, any information published is anonymous and non-specific.

A policy of long-term risk management also requires that the ground surface area is properly managed. By addressing town planning requirements, it is possible to ensure the safety of local residents and prevent new people from being exposed. The law of 22 July 1987 introduced into the law of 19 July 1976 a clause of public easement with compensation for owners affected by the operator of the facility under the control of judges for the compulsory purchase in the event of a dispute.

Addressing town planning requirements for the neighbouring area of high-risk industrial sites is now part of the directive. It helps improve the safety of people living near high-risk sites throughout the European Union.

This new measure now covers all sites concerned by the directive: with respect to existing sites, additional technical measures that have already been introduced will be taken into account.

Citizens’ rights to information are also confirmed by the law of 22 July 1987.

A new directive (2003/105/EC) modifying directive 96/82/EC (SEVESO II) was published in the EU Official Journal on 31 December 2003. These new measures take into account research on the dangerous properties of certain substances and feedback from various accidents that have occurred inside the European Union in recent years (cyanide pollution of the Danube, in January 2000, in Baïa Mare in Romania, an explosion in a fireworks factory in Enschede, the Netherlands in May 2000 and the explosion in the AZF chemical plant in September 2001, in Toulouse).