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​​​​​​​​​The Agency for the Cooperation of Energy Regulators (“the Agency") invites third parties to submit their views with respect to the Agency's proceeding to decide on the compliance programme, which has been submitted to the Agency by Balansys S.A. (“Balansys") according to the Directive of 2009 on common rules for the internal market in natural gas.

1.       The Consultation

According to the proposal, Balansys would act as gas balancing operator for balancing in the BeLux area, which would cover the integrated H-gas market of Luxembourg and Belgium and the L-gas market in Belgium.  Balansys is a joint undertaking owned in equal shares by Fluxys Belgium, the ownership unbundled Transmission System Operator (TSO) in Belgium, and Creos Luxembourg, the exempted vertically integrated TSO in Luxembourg.

Whilst the case concerns the Belgian and Luxembourgish balancing market, the fact that the parents of Balansys are an ownership unbundled TSO and an exempted vertically integrated TSO, and the choice of the parent TSOs to delegate their balancing responsibilities to this joint undertaking, raises two potential issues with respect to the proposed legal basis which have Union-wide relevance, and which are explained in further detail in the consultation document.

The Agency invites interested parties to send any observations they may have on this subject to the Agency (​) by 1 July 2019, 23:59 hours (CET).

2.       Confidentiality and Privacy Statement

The Agency will treat all information received as non-confidential, unless it is explicitly marked as confidential and the reasons provided for confidentiality are justified. If a document containing confidential information is submitted, a non-confidential version needs to be submitted as well.

The standard Privacy Statement is available on the website of the Agency. The terms and procedure described therein will be followed during the current proceedings (

3.       Consultation material

Consultation document​

Compliance Programme​​

4.       Responses received​