BAKGRUNN (fra kommisjonsforordningen, engelsk utgave)

(1) The introduction of harmonised rules on electricity trade and grid operation through electricity network codes and guidelines has proven to be crucial for the achievement of an integrated electricity market in the Union.

(2) Commission Regulation (EU) 2015/1222, Commission Regulation (EU) 2016/1719, Commission Regulation (EU) 2017/2195 and Commission Regulation (EU) 2017/1485 provide important rules for the well-functioning of the internal market for electricity , as they set out detailed rules to be followed by regulatory authorities to jointly define the terms and conditions or methodologies necessary for the alignment of electricity trade and grid operation in the Union.

(3) The practice with the adoption process of TCM has shown that two aspects of the adoption process should be clarified.

(4) Regulations (EU) 2019/942 and (EU) 2019/943 modified the regulatory framework of the internal market for electricity, including the process to agree on terms and conditions or methodologies.

(5) As set out in Article 5(2) of Regulation (EU) 2019/942, terms and conditions or methodologies which previously required the approval of all regulatory authorities are now directly adopted by the Agency for the Cooperation of European Energy Regulators (‘the Agency’). Regulations (EU) 2019/942 and(EU) 2019/943 also provide that that national regulatory authorities and the Agency are entitled to revise and amend the proposals for terms and conditions or methodologies submitted by transmission system operators (‘TSOs’) and nominated electricity market Operators (‘NEMOs’).

(6) Regulations (EU) 2019/942 and (EU) 2019/943 also establish that national regulators and the Agency are responsible for the adoption of the final texts of terms and conditions or methodologies, and that they have the right to revise and amend the proposals from TSOs or NEMOs in order to ensure that they are in line with the objectives of Regulations (EU) 2015/1222, (EU) 2016/1719, (EU) 2017/2195 and (EU) 2017/1485 and contribute to market integration, non-discrimination, effective competition and the proper functioning of the electricity market.

(7) Those changes should be reflected in Regulations (EU) 2015/1222, (EU) 2016/1719, (EU) 2017/2195 and (EU) 2017/1485.

(8) Experience with the existing development process of terms and conditions or methodologies, including recent jurisprudence and delays in agreeing on certain terms and conditions or methodologies, have made it necessary to revise the regulatory procedure for defining terms and conditions or methodologies in order to ensure their timely adoption.

(9) In accordance with the recent Court case-law, Regulation (EU) 2015/1222 allows every single national regulatory authorities to request amendments to proposals for terms and conditions or methodologies by TSOs or NEMOs. Such a possibility may potentially lead to a sequence of multiple individual amendment requests and respective amended proposals for terms and conditions or methodologies, with no realistic perspective of a timely approval and implementation. This could not only lead to significant delays in the development of terms and conditions or methodologies, but uncoordinated individual requests for changes of proposals for terms and conditions or methodologies could also create legal uncertainty, as it would remain uncertain which amendment request should ultimately prevail. In order to avoid that situation, Regulations (EU) 2015/1222, (EU) 2016/1719, (EU) 2017/2195 and (EU) 2017/1485 should set out a clear procedure for the coordination of amendment requests for terms and conditions or methodologies.

(10) The procedure of coordinated decisions on terms and conditions or methodologies is identical in Regulations (EU) 2015/1222, (EU) 2016/1719, (EU) 2017/2195 and (EU) 2017/1485. Also the process for the amendment of those four Regulations is identical. It is therefore warranted to adopt the changes to those four Regulations by way of one single amending Regulation.

(11) The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 67(2) of Regulation (EU) 2019/943