Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the internal market for electricity (recast) - Hoofdinhoud

Council of the European Union

Brussels, 6 November 2018 (OR. en)

5834/5/18

Interinstitutional File: REV 5 COR 1

2016/0379(COD) i

ENER 37 ENV 57 CLIMA 19 COMPET 58 CONSOM 22 FISC 47 CODEC 128

NOTE

From: General Secretariat of the Council

To: Permanent Representatives Committee

No. Cion doc.: 15135/1/16 ENER 418 ENV 758 CLIMA 169 COMPET 637 CONSOM 301 FISC 221 IA 131 CODEC 1809 REV 1

• + 

  ADD 1 REV 1 + ADD 2 REV 1

Subject: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the internal market for electricity (recast)

In document ST 5834 2018 REV 5:

Line 180, 4th column (Council compromise) should read:

• 180. 

  4. By 1 January 2025, the AM 46 Compromise proposal agreed in Coreper

  imbalance settlement period 4. By 1 January 2021, the 4. By 1 January 2021, the on 12 October, still to be discussed with shall be 15 minutes in all imbalance settlement period shall be 15 imbalance settlement period the EP:

control areas. minutes in all control areas. shall be 15 minutes in all [ ] scheduling areas unless 4. By 1 January 2021, the imbalance

regulatory authorities have settlement period shall be 15 minutes in granted a derogation or an all [ ] scheduling areas unless exemption in accordance regulatory authorities have granted a with the balancing guideline derogation or an exemption in adopted on the basis of accordance with the balancing Article 18 of the Regulation guideline adopted on the basis of

714/2009. Article 18 of the Regulation 714/2009 i. Derogations and exemptions may only

be granted until 1 January 2025. When an exemption has been granted, the

imbalance settlement period shall be

no greater than 30 minutes by 2025.

TREE.2.B EN

Line 338, 4th column (Council compromise) should read ('implementation' instead of 'a market reform'):

• 338. 

  3. Member States shall AM 91 3. Member States shall publish Council compromise (3 (a) - (f)): publish a timeline for 3. A Member State with roadmap with a concrete timeline 3. A Member State with identified

  adopting measures to identified adequacy concerns shall for adopting measures to eliminate adequacy concerns shall publish an

  eliminate any identified publish an implementation plan with any identified regulatory distortions implementation plan with a timeline for

  regulatory distortions. When a timeline for adopting measures to [ ] or market distortions, or

addressing resource adequacy eliminate any identified regulatory system bottlenecks. When adopting measures to eliminate any

concerns Member States shall distortions and/or market failures. addressing resource adequacy identified regulatory distortions and/or

in particular consider When addressing resource adequacy concerns Member States shall in market failures. When addressing

removing regulatory concerns, the Member States shall particular take into account the resource adequacy concerns, the Member distortions, enabling scarcity build on the principles set out in principles defined in Article 3 States shall build on the principles set

pricing, developing Article 3 and in particular: and consider removing regulatory out in Article 3 and in particular:

interconnection, energy distortions, enabling scarcity storage, demand side pricing via free price formation , measures and energy developing interconnections with efficiency. other Member States, allowing for undistorted market access for all market participants including, but not limited to energy storage, demand side measures and energy efficiency.

TREE.2.B EN

Line 542, 4th column (Provisionally agreed) should read in the first sentence Regional Coordination Centre, instead of Centres:

• 542. 

  1a. Where a Member State Provisionally agreed: is part of multiple different 1a. The transmission system operators of a synchronous areas, the system operation region shall adhere to transmission system operator the Regional Coordination Centre may be coordinated by two established in that region. regional security coordinators. Exceptionally, where the control area of a For the bidding zone borders transmission system operator is part of adjacent to system operation multiple different synchronous areas, the regions, the proposal in transmission system operator may be paragraph 1 shall specify how coordinated by two Regional the coordination between Coordination Centres. For the bidding regional security coordinators zone borders adjacent to system operation for these borders is to take regions, the proposal in paragraph 1 shall place. specify how the coordination between Regional Coordination Centres for these borders is to take place. For the Continental Europe synchronous area, where the activities of two Regional Coordination Centres may overlap in a system operation region, the TSOs of that system operation region shall decide to either designate a single Regional Coordination Centre in that region or that the two Regional Coordination Centres perform some or all of the tasks of regional relevance in the entire system operation region on a rotational basis and other tasks by a single designated Regional Coordination Centre.

TREE.2.B EN

Line 593 4th column ( Provisionally agreed ) should read:

• 593. 

  2a. Where following the Provisionally agreed: revision triggered in (Following adoption this will be the second accordance with Article 39, a part of paragraph 2 of the merged article) transmission system operator

  decides not to implement a Where following the revision triggered in coordinated action for the accordance with Article [39] [paragraph reasons set out in paragraph 2, X], a transmission system operator it shall transparently report decides not to implement a coordinated the detailed reasons to the action for the reasons set out in this Regional Security Coordinator paragraph [2], it shall transparently and the transmission system report the detailed reasons to the Regional operators of the system Coordination Centre and the transmission operation region without system operators of the system operation undue delay. In such cases, the region without undue delay. In such cases, Regional Security Coordinator the Regional Coordination Centre shall shall assess the impact on the assess the impact on the other other transmission system transmission system operators of the operators of the system system operation region and may propose operation region and may a different set of coordinated actions propose a different set of subject to a the procedure in this coordinated actions subject to paragraph. in paragraph 2. a procedure in paragraph 2.

TREE.2.B EN

Line 603 4th column ( Provisionally agreed ) should read (deletion in first sentence):

• 603. 

  4. Where the measure 4. Where following the [ ] Provisionally agreed: subject to revision is a revision [ ] of the (Following adoption this will be the second recommendation in accordance recommendation in accordance part of paragraph 3 of the merged article) with Article 38(3) and with Article 38([ ]3) [ ]a following its revision a transmission system operator 6. Where following the [ ] revision [ ] transmission system operator decides to deviate from the of the recommendation in accordance with decides to deviate from the recommendation, the [Article 38([ ]3)] [ ]a transmission system recommendation, the transmission system operator operator decides to deviate from the transmission system operator shall submit a [ ] justification to recommendation, the transmission system shall submit a detailed the [ ] Regional Security operator shall submit a [ ] justification to the justification to the regional Coordinators and to the other Regional Coordination Centres and to the operational centre and to the transmission system operators of other transmission system operators of the other transmission system the system operation region. system operation region. operators of the system operation region.

TREE.2.B EN

Following adoption, the sequence of paragraphs in the merged article (38 and 39) should be the following (line numbering): 590, 591, 592, 593, 594,

603, 596, 602, 598.

Consolidated version of merged article 38+39

(590) Adoption and revision of coordinated actions and recommendations

• 1. 

  (591) [ ] The transmission system operators of a system operation region shall develop a procedure for the adoption and revision of

coordinated actions and recommendations put forward by Regional Coordination Centres in accordance with the criteria set out in

paragraphs 2 to 4.

• 2. 

  (592) Regional Coordination Centres shall adopt issue binding coordinated actions addressed to the transmission system operators in respect

  of the functions tasks referred to in points (a), (b) [ ] of Article 34(1). Transmission system operators shall implement the binding coordinated

  actions issued by the regional operational centres except in cases when the safety of the system will be negatively affected. where the

implementation of the coordinated actions would result in a violation of the operational security limits defined by each transmission

system operator [in accordance with [ ] the System Operation Guideline adopted on the basis of Article 18 of Regulation 714/2009 i].

(ex para 2a of article 38) (593) Where following the revision triggered in accordance with Article [39] [paragraph X], a transmission

system operator decides not to implement a coordinated action for the reasons set out in this paragraph [2], it shall transparently report

the detailed reasons to the Regional Coordination Centre and the transmission system operators of the system operation region without

undue delay. In such cases, the Regional Coordination Centre shall assess the impact on the other transmission system operators of the

system operation region and may propose a different set of coordinated actions subject to a the procedure in this paragraph. in

paragraph 2.

TREE.2.B EN

• 3. 

  (594) Regional Coordination Centres shall adopt issue recommendations addressed to the transmission system operators for the [ ] tasks listed

  in Article 34(1) which are not referred to in paragraph 2 of this Article. .

(ex para 6 of article 39) (603) Where following the [ ] revision [ ] of the recommendation in accordance with [Article 38([ ]3)] [ ]a

transmission system operator decides to deviate from the recommendation, the transmission system operator shall submit a [ ] justification to the

Regional Coordination Centres and to the other transmission system operators of the system operation region.

• 4. 

  (596) The revision of coordinated actions or a recommendation shall be triggered at the request of one or more of the transmission system

operators of the system operation region. Following the revision of the coordinated action or recommendation, regional coordination centres

shall confirm or modify the measure.

• 5. 

  (602) Where the measure subject to revision is a coordinated action in accordance with [Article 38(2)], the request for revision shall not suspend

  the coordinated action except in cases [ ] where the implementation of the coordinated action would result in a violation of the

  operational security limits defined by each transmission system operator in accordance with the System Operation Guideline adopted on

  the basis of Article 18 of Regulation 714/2009 i.

• 6. 

  (ex para 4 of article 38) (598) (Exact wording still to be finalised) [Upon a request by the European Commission or by a Member State,

the Electricity Cross-Border Committee set up pursuant Article 62(1) shall issue an opinion on granting regional coordination centres

with the power to issue coordinated actions for one or more of the tasks listed in Article 34(1), other than those referred to in paragraph

2 of this Article.

TREE.2.B EN

Where the Electricity Cross-Border Committee has issued an opinion in favour of granting regional coordination centres with the power

to issue coordinated actions, the Commission, taking into account the opinion of the Electricity Cross-Border Committee, may, by means

of implementing act, grant regional coordination centres the power to issue coordinated actions for one or more of the tasks listed in

Article 34(1), other than those referred to in paragraph 2 of this Article.]

TREE.2.B EN

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