Considerations on COM(2024)539 - EU position within the EU-UK Specialised Committee on Energy of the EU-UK Trade and Cooperation Agreement

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dossier COM(2024)539 - EU position within the EU-UK Specialised Committee on Energy of the EU-UK Trade and Cooperation Agreement.
document COM(2024)539 EN
date December 17, 2024
 
table>(1)On 29 April 2021, the Council adopted Decision (EU) 2021/689 (1) on the conclusion of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (2) (the ‘Trade and Cooperation Agreement’). The Trade and Cooperation Agreement entered into force on 1 May 2021.
(2)Article 8(1), point (l), of the Trade and Cooperation Agreement established the Specialised Committee on Energy (the ‘Specialised Committee’). The competences of the Specialised Committee are set out in Article 8(4) of that Agreement.

(3)Pursuant to Article 8(4), point (c), of the Trade and Cooperation Agreement, with respect to issues related to its area of competence the Specialised Committee has the power to adopt decisions and recommendations in respect of all matters where that Agreement or any supplementing agreement so provides or for which the Partnership Council has delegated its powers to it. Pursuant to Article 10(2) of the Trade and Cooperation Agreement, a Committee is to adopt decisions and make recommendations by mutual consent.

(4)Regarding the electricity trading arrangements between the Union and the United Kingdom, Article 312(1) of the Trade and Cooperation Agreement requires that, for capacity allocation and congestion management at the day ahead stage, the Specialised Committee take, as a matter of priority, the necessary steps in accordance with Article 317 of that Agreement to ensure that transmission system operators (‘TSOs’) for electricity develop arrangements setting out technical procedures in accordance with Annex 29 to that Agreement within a specific timeline.

(5)In particular, Part 1, point 1, of Annex 29 to the Trade and Cooperation Agreement provides for the development of a new procedure for the allocation of capacity on electricity interconnectors at the day-ahead market timeframe. The new procedure is to be based on the concept of ‘multi-region loose volume coupling’.

(6)On 10 July 2023, the TSOs of the Union and of the United Kingdom delivered a report, following Recommendation No 1/2023 of the Specialised Committee of 7 February 2023 (3), requesting that the TSOs address a number of questions as regards the implementation of the multi-region loose volume coupling. That report was supplemented by an informal opinion of the European Union Agency for the Cooperation of Energy Regulators (ACER) and of the United Kingdom regulatory authorities.

(7)Considering the conclusions of the TSO report of 10 July 2023, supported by the informal opinion of ACER and of the United Kingdom regulatory authorities, it is appropriate for the Specialised Committee to recommend further action to the Parties.

(8)The Specialised Committee is to adopt a recommendation on further action to be taken either at a forthcoming meeting or by written procedure, following the completion of domestic procedures by each Party.

(9)It is appropriate to establish the position to be taken on the Union's behalf within the Specialised Committee, as the recommendation of the Specialised Committee will be capable of decisively influencing the content of or the way in which the Union acquis is to be implemented, in particular Commission Regulation (EU) 2015/1222 (4),