HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 192/32
EN
Official Journal of the European Union
20.7.2012
COMMISSION DECISION
of 19 July 2012
on the establishment of the annual priority lists for the development of network codes and
guidelines for 2013
(Text with EEA relevance)
(2012/413/EU)
THE EUROPEAN COMMISSION,
(4)
For the planning of resources it is important to identify
annually the key areas for the development of network
codes and guidelines. As soon as an area is identified as
Having regard to the Treaty on the Functioning of the European
important for the first time, scoping work needs to be
Union,
started in order to identify to what extent a harmon
isation is needed. Key areas where the work on
network codes and guidelines has already started will
Having regard to Regulation (EC) No 714/2009 of the European
be continued and completed.
Parliament and of the Council of 13 July 2009 on conditions
for access to the network for cross-border exchanges in elec
tricity and repealing Regulation (EC) No 1228/2003 ( 1 ) and
PUBLIC CONSULTATION
Regulation (EC) No 715/2009 of the European Parliament
and of the Council of 13 July 2009 on conditions for access
(5) The
public
consultation,
as
required
by
Article
6(1)
of
the
to natural gas transmission networks and repealing Regulation
Electricity and the Gas Regulation, took place from
(EC) No 1775/2005 ( 2 ), and in particular Article 6(1) thereof,
8 March to 16 April 2012. The Commission received
18 responses ( 3 ), including one response from a local
government and responses by ENTSOG and ENTSO-E.
Whereas:
Whereas the other responses came mainly from
European energy stakeholder organisations, several indi
vidual companies also participated in the public consul
CONTEXT
tation.
(1) The
Third
Package
of
directives
and
regulations
(here
inafter the ‘Third Package’), as adopted in 2009,
entered into force on 3 March 2011. With it a new
(6)
The following were the major general comments received
system of establishing binding European-wide network
during the public consultation:
codes entered into force as well.
(a) A clear message from the public consultation was
(2) As
a
first
step
towards
binding
European
network
codes,
that stakeholders supported the focused approach
an annual priority list identifying the areas to be included
of the Commission prioritising the work to deliver
in the development of network codes has to be estab
key elements that are necessary for the completion of
lished by the European Commission (‘the Commission’)
the internal energy market by 2014 as regards the
in accordance with Article 6(1) of Regulation (EC) No
development of network codes and guidelines both
714/2009 (‘the Electricity Regulation’) and Article 6(1) of
for electricity and gas. Stakeholders are of the view
Regulation (EC) No 715/2009 (‘the Gas Regulation’). In
that the Commission has pointed out in its consul
setting the priorities, the Commission has to consult the
tation the most important tasks to be done for
Agency for the Cooperation of Energy Regulators
further integration of the internal energy market.
(‘ACER’), the responsible European Network of Trans
mission System Operators (‘ENTSOs’) and other relevant
stakeholders. This decision sets out the priorities as
(b) A further key message by several stakeholders was
decided by the Commission based on the outcomes
that they would prefer to put all the issues listed in
from the public consultation.
Article 8(6) of the Electricity and Gas Regulation
through the FG/NC process instead of using direct
comitology guidelines for the adoption of binding
(3)
The European Council on 4 February 2011 set 2014 as a
rules on these areas. In this context some stake
target for the completion of the internal market for elec
holders stressed the importance of a transparent,
tricity and gas. The Third Package is an important
efficient and coherent process which guarantees
element in the development towards this target.
early and close stakeholder and distribution system
However, further efforts have to be made to allow gas
operator involvement. It was also mentioned that the
and electricity to flow freely across Europe. The network
necessary timeslots for the development of robust
codes and guidelines which are foreseen by the Third
network codes, with sufficient time for consultation
Package will provide the relevant rules for this further
of involved actors, need to be given.
development.
( 3 ) The responses are published under:
( 1 ) OJ L 211, 14.8.2009, p. 15.
http://ec.europa.eu/energy/gas_electricity/consultations/20120416_
( 2 ) OJ L 211, 14.8.2009, p. 36.
network_codes_en.htm

---

EN
20.7.2012 Official
Journal
of
the
European
Union L
192/33
(c) Several stakeholders requested that draft proposals
structures but would prefer to develop the rules
for the framework guidelines and network codes
through the network code process instead of using
should be accompanied by the relevant Impact
direct comitology guidelines. Several stakeholders
Assessment outlining the main policy options and
proposed to set a narrow scope.
underpinning by their comprehensive cost-benefit
analysis. The Impact Assessment should furthermore
be subject to a separate public consultation. Drafting
the impact assessment after the end of a public
(b) Some stakeholders raised concerns about the
consultation, as in the case of the ‘pilot code’,
consistency between the network code on capacity
would not be acceptable.
allocation and the rules on congestion management
procedures and therefore recommended to
synchronise the comitology process for both topics.
(d) Several stakeholders mentioned in their response that
the scope of some network codes is too wide and
does not restrict itself to the scope given by the
Regulations, i.e. cross-border issues. In this context
(9) The
following
were
the
major
comments
concerning
possible scope and need of network codes and guidelines
it was also stressed that network codes should not
beyond 2013 regarding electricity network rules received
be over-prescriptive.
during the public consultation: some stakeholders were
of the view Third Party Access rules should be developed
before those related to energy efficiency regarding elec
(7) The
following
were
the
major
comments
concerning
the
tricity networks as they could provide a level playing
annual priority list regarding electricity network rules
field for operators in the internal market.
received during the public consultation:
(10) The
following
were
the
major
comments
concerning
(a) Several stakeholders were concerned about possible
possible scope and need of network codes and guidelines
inconsistencies between network codes. Some
beyond 2013 regarding gas network rules received
proposed to develop only one network code in line
during the public consultation:
with one framework guideline and some emphasised
that at least some network codes need to be
developed together such as the network codes on
generator connection and demand connection, the
(a) Several stakeholders are asking to address the issue of
network codes on grid connection and system oper
incremental capacity and propose that rules could be
ation, the network code on connection and
developed in a network code on Third Party Access;
congestion management and the ‘governance’ comi
others also want to have it addressed in the devel
tology guideline.
opment of rules on harmonised transmission tariff
structures. Several stakeholders were of the opinion
that rules for trading related to technical and oper
(b) Several stakeholders support the development of
ational provisions of network access services and
rules regarding harmonised transmission tariff
system balance are already covered by the rules on
structures and/or investment incentives. ENTSO-E
capacity allocation and balancing. Still stakeholders
was of the opinion that the issue of tariff structures
called for the development of trading rules focusing
and the issue of investment incentives are largely
on rules to foster a liquid market on secondary
unrelated and recommended therefore addressing
capacity trading.
them independently while giving priority to rules
regarding investment incentives.
(b) Concerning ‘network security and reliability rules’ the
opinion was given that in case this issue needs to be
(c) ENTSO-E expressed the view that rules for longer-
tackled it would be more appropriate to do so in the
term (forward) capacity allocation and rules on
framework of Regulation (EU) No 994/2010 of the
High-voltage direct current transmission system
European Parliament and of the Council
( 1 )
connection need to be included into the annual
concerning measures to safeguard security of gas
priority list for 2013.
supply.
(8) The
following
were
the
major
comments
concerning
the
(c) Some stakeholders raised concerns whether the devel
annual priority list regarding gas network rules received
opment of network codes and guidelines regarding
during the public consultation:
operational procedures in an emergency would have
any benefit and were questioning the harmonisation
of these provisions.
(a) A key message by stakeholders was that they want to
have harmonised rules regarding transmission tariff
( 1 ) OJ L 295, 12.11.2010, p. 1.

---

L 192/34
EN
Official Journal of the European Union
20.7.2012
DECISION
— balancing rules including network-related reserve power
rules (finalise network code on balancing),
(11) Having
regard to the responses of stakeholders the
Commission prioritises the work to deliver key
elements that are necessary for the completion of the
— rules regarding harmonised transmission tariff structures
internal energy market by 2014,
and/or investment incentives.
HAS ADOPTED THIS DECISION:
Article 2
Article 1
As it is foreseen that harmonised rules on congestion
management will pass the comitology procedure in 2012 the
As it is foreseen that harmonised rules on transparency will pass
Commission establishes for the development of harmonised gas
the comitology procedure in 2012 the Commission establishes
rules this annual priority list for 2013:
for the development of harmonised electricity rules this annual
priority list for 2013:
— capacity allocation (adoption under comitology procedure),
— capacity allocation and congestion management rules
including governance for day-ahead and intraday markets
— balancing rules including network-related rules on nomi
including capacity calculation (adoption under comitology
nation procedure, rules for imbalance charges and rules
procedure),
for operational balancing between transmission system
operators' systems (finalise network code and start
adoption process),
— rules for longer-term (forward) capacity allocation (drafting
of network code),
— interoperability and data exchange rules,
— network connection rules:
— rules regarding harmonised transmission tariff structures.
— network rules on generator grid connection (adoption
under comitology procedure),
Article 3
— network code on distribution system operator and
This Decision shall enter into force on the twentieth day
industrial load connection (finalise network code and
following that of its publication in the Official Journal of the
start comitology process),
European Union.
— network code on High-voltage direct current trans
mission system connection,
Done at Brussels, 19 July 2012.
— system operation (finalise network codes on operational
For the Commission
security, on operational planning and scheduling and on
load-frequency control and reserves and start adoption
The President
process ( 1 )),
José Manuel BARROSO
( 1 ) The network codes on operational training and on requirements and
operational procedures in emergency will follow later.

---

Document Outline

• �

---