- Internal Market in Electricity Directive
Internal Market in Electricity Directive is the Directive 2003/54/EC of the
European Parliamentand the Councilof 2003-06-26 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC is based in the Treaty establishing the European Community, and in particular Article 47(2), Article 55 and Article 95 thereof.
Directive 96/92/EC of the European Parliament and of the Council of 1996-12-19 concerning commonrules for the internal market in electricity, has made significant contributions towards the creation of aninternal market for electricity. Experience in implementing this Directive shows the benefits that may result from the internal market in electricity, in terms of efficiency gains, price reductions, higher standards of service and increased
However, important shortcomings and possibilities for improving the functioning of the market remained with the 96/92/EC directive, notably concrete provisions were needed to ensure a
level playing fieldin generationand to reduce the risks of market dominanceand predatory behaviour, ensuring non-discriminatorytransmission and distribution tariffs, through access to the network on the basis of tariffs published prior to their entry into force, and ensuring that the rights of small and vulnerable customers are protected and that information on energy sources for electricity generation is disclosed, as well as reference to sources, where available, giving information on their environmental impact.
The freedoms which the Treaty guarantees European citizens —
free movement of goods, freedom to provide servicesand freedom of establishment— are only possible in a fully open market, which enables all consumers freely to choose their suppliersand all suppliers freely to deliver to their customers.
In order to ensure efficient and non-discriminatory network access it is appropriate that the distribution and transmission systems are operated through legally separate entities where vertically integrated
undertakings exist. Independentmanagement structures must therefore be put in place between the distribution system operators and the transmission system operators and any generation/supply companies.
It is important however to distinguish between such legal separation and
ownership unbundling. Legal separation does not imply a change of ownership of assets and nothing prevents similar or identical employment conditions applying throughout the whole of the vertically integrated undertakings. However, a non-discriminatory decision-making process should be ensured through organisational measures regarding the independence of the decision-makers responsible.
In order to facilitate the conclusion of
contracts electricity undertaking established in a Member State the supply of electricity to eligible customers in Member State, Member States and, where appropriate, national regulatory authorities should work towards more homogenous conditions and the same degree eligibilityfor the whole of the internal market.
The existence of effective regulation, carried out by one or more national regulatory authorities, is an importantfactor in guaranteeing non-discriminatory access to the network.
All Community industry and commerce, including small and medium-sized enterprises, and all Community citizens that enjoy the economic benefits of the internal market should also be able to enjoy high levels of
consumer protection, and in particular households and, where Member States deem it appropriate, small enterprises should also be able to enjoy public service guarantees, in particular with regard to security of supplyand reasonable tariffs, for reasons of fairness, competitiveness and indirectly to create employment.
Electricity customers should be able to choose their supplier freely and ensure they have a real and effective right to choose their supplier.
Progressive market openingtowards full competitionshould as soon as possible remove differences betweenMember States. Transparency and certaintyin the implementation of the Directive should be ensured.
Fuel mix disclosuredisplay format, proposed in a note annexed to the Directive, EU, 2003 [http://ec.europa.eu/energy/electricity/legislation/doc/notes_for_implementation_2004/labelling_en.pdf] ] Nearly all Member States have chosen to ensure competition in the electricity generation market through a transparent authorisation procedure. However, Member States should ensure the possibility to contribute to security of supplythrough the launching of a procedure or an equivalent procedure in the event that sufficient electricity generation capacity is not built on the basis of the authorisation procedure. Member States should have the possibility, in the interests of environmental protectionand the promotion of infant new technologies, of tendering for new capacity on the basis of published criteria. New capacity includes inter alia renewables and combined heat and power(CHP).
The construction and maintenance of the necessary network infrastructure, including
interconnectioncapacity between areas and decentralised electricity generation, should contribute to ensuring a stable electricity supply.
The Commission has indicated its intention to take initiatives especially as regards the scope of the labelling provision and notably on the manner in which the information on the environmental impact in terms of at least emissions of CO2 and the radioactive waste resulting from electricity production from different energy sources, could be made available in atransparent, easily accessible and comparable manner throughout the European Union and on the manner in which the measures taken in the Member States to control the accuracy of the information provided by suppliers could be d (see no-carbon renewable energy economy - NCREE).
The respect of the
public servicerequirements is a fundamental requirement of this Directive, and it isimportant that common minimum standards, respected by all Member States, are specified in this Directive.
Energy policy of the European Union
* Regulation (EC) No 1228/2003 of the European Parliament and of the Council of 2003-06-26 on conditions for access to the network for
cross-borderexchanges in electricity.
* [http://ec.europa.eu/energy/electricity/index_en.htm Electricity in the European Union] .
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