Legal provisions of COM(2015)496 - European statistics on natural gas and electricity prices

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dossier COM(2015)496 - European statistics on natural gas and electricity prices.
document COM(2015)496 EN
date October 26, 2016

Contents

Article 1 - Subject matter

This Regulation establishes a common framework for the development, production and dissemination of comparable European statistics on natural gas and electricity prices for household and final non-household customers in the Union.

Article 2 - Definitions

For the purposes of this Regulation, the following definitions apply:

(1)‘autoproducers’, ‘final energy consumption’ and ‘household’ have the same meaning as that attributed to those terms in Annex A to Regulation (EC) No 1099/2008 of the European Parliament and of the Council (5);

(2)‘transmission’, ‘distribution’, ‘customer’, ‘final customer’, ‘household customer’, ‘non-household customer’ and ‘supply’ have the same meaning as that attributed to those terms in Article 2 of Directive 2009/72/EC of the European Parliament and of the Council (6), when used in relation to electricity;

(3)‘transmission’, ‘distribution’, ‘supply’, ‘customer’, ‘household customer’, ‘non-household customer’ and ‘final customer’ have the same meaning as that attributed to those terms in Article 2 of Directive 2009/73/EC of the European Parliament and of the Council (7), when used in relation to natural gas;

(4)‘network component’ means the combination of transmission and distribution network costs as set out in point 6 of Annex I and in point 5 of Annex II.

Article 3 - Data sources

Member States shall compile data on natural gas and electricity prices, and their components and sub-components concerning network costs, taxes, fees, levies and charges, and on consumption volumes, in accordance with Annexes I and II. One or more of the following sources shall be used, after taking into account the principles of reducing burden on respondents and of administrative simplification:

(a)statistical surveys;

(b)administrative sources;

(c)other sources applying statistical estimation methods.

Article 4 - Coverage

1. Member States shall ensure that the data collection and compilation in accordance with Annexes I and II provide comprehensible and comparable high-quality data that are representative of their respective natural gas and electricity prices and consumption.

2. Member States shall not be obliged to transmit data on natural gas prices for household customers if the consumption of natural gas in the household sector accounts for less than 1,5 % of national final energy consumption in the household sector.

3. At least every three years, the Commission (Eurostat) shall review which Member States are not obliged to transmit data pursuant to paragraph 2.

Article 5 - Data transmission

1. Member States shall provide to the Commission (Eurostat) the data as set out in Annexes I and II.

2. The Commission shall adopt implementing acts establishing the format and arrangements for the transmission of the data as set out in Annexes I and II. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 10(2).

3. Member States shall provide statistics to the Commission (Eurostat) within three months of the end of the relevant reference period.

Article 6 - Reference periods and transmission frequency

1. The reference periods for the data specified in Annexes I and II shall be annual (January to December) or biannual (January to June and July to December). The first reference periods shall start in 2017.

2. The transmission frequency shall be:

(a)annual (for the period from January to December) for data referred to in points 6(a) and 7 of Annex I and points 5(a) and 6 of Annex II;

(b)biannual (for the periods from January to June and from July to December) for data referred to in point 6(b) of Annex I and point 5(b) of Annex II.

Article 7 - Quality assurance

1. Member States shall ensure the quality of the data provided in accordance with this Regulation. To that end, the standard quality criteria laid down in Article 12(1) of Regulation (EC) No 223/2009 apply.

2. Member States shall inform the Commission (Eurostat), without delay, of any methodological or other changes that might have a significant impact on natural gas and electricity price statistics, and in any event no later than one month after that change occurs.

3. Every three years, Member States shall provide the Commission (Eurostat) with a standard quality report on the data in accordance with the quality criteria laid down in Article 12(1) of Regulation (EC) No 223/2009. Those reports shall include information on the scope and collection of the data, the calculation criteria, the methodology and data sources used, and any changes thereto.

4. The Commission (Eurostat) shall assess the quality of the data provided and shall use that assessment and an analysis of the quality reports referred to in paragraph 3 in order to prepare and publish a report on the quality of European statistics covered by this Regulation.

5. The Commission shall adopt implementing acts establishing technical quality assurance requirements regarding the content of the quality reports referred to in paragraph 3 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 10(2).

Article 8 - Dissemination

The Commission (Eurostat) shall disseminate natural gas and electricity price statistics no later than five months after the end of each reference period.

Article 9 - Derogations

1. Derogations may be granted by the Commission by means of implementing acts in relation to specific obligations for which the application of this Regulation to the national statistical system of a Member State requires major adaptations or is likely to lead to a significant additional burden on respondents. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 10(2).

2. For the purposes of paragraph 1, the Member State concerned shall submit a duly reasoned request to the Commission by 8 August 2017.

3. Derogations granted pursuant to paragraph 1 shall remain in force for the shortest period of time possible and in any event for no longer than three years.

4. A Member State that has been granted a derogation pursuant to paragraph 1 shall apply the relevant provisions of Directive 2008/92/EC for the duration of the derogation.

Article 10 - Committee procedure

1. The Commission shall be assisted by the European Statistical System Committee established by Regulation (EC) No 223/2009. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 11 - Repeal of Directive 2008/92/EC

1. Directive 2008/92/EC is repealed with effect from 1 March 2017.

2. Notwithstanding paragraph 1 of this Article, Directive 2008/92/EC shall continue to apply under the conditions provided for in Article 9 of this Regulation.

3. References to the repealed Directive shall be construed as references to this Regulation.

Article 12 - Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.