Regulation 2009/714 - Conditions for access to the network for cross-border exchanges in electricity

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This page contains a limited version of this dossier in the EU Monitor.

Contents

  1. Current status
  2. Key information
  3. Key dates
  4. Legislative text
  5. Original proposal
  6. Sources and disclaimer
  7. Full version
  8. EU Monitor

1.

Current status

This regulation was in effect from September  3, 2009 until December 31, 2019.

2.

Key information

official title

Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003
 
Legal instrument Regulation
Number legal act Regulation 2009/714
Original proposal COM(2007)531 EN
CELEX number97 32009R0714

3.

Key dates

Document 13-07-2009
Publication in Official Journal 14-08-2009; Special edition in Croatian: Chapter 12 Volume 004,OJ L 211, 14.8.2009
Effect 03-09-2009; Entry into force Date pub. + 20 See Art 26
03-03-2011; Application See Art 26
End of validity 31-12-2019; Repealed by 32019R0943

4.

Legislative text

14.8.2009   

EN

Official Journal of the European Union

L 211/15
 

REGULATION (EC) No 714/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 13 July 2009

on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

 

(1)

The internal market in electricity, which has been progressively implemented since 1999, aims to deliver real choice for all consumers in the Community, be they citizens or businesses, new business opportunities and more cross-border trade, so as to achieve efficiency gains, competitive prices and higher standards of service, and to contribute to security of supply and sustainability.
 

(2)

Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity (4) and Regulation (EC) No 1228/2003 of the European Parliament and of the Council of 26 June 2003 on conditions for access to the network for cross-border exchanges in electricity (5) have made significant contributions towards the creation of such an internal market in electricity.
 

(3)

However, at present, there are obstacles to the sale of electricity on equal terms, without discrimination or disadvantage in the Community. In particular, non-discriminatory network access and an equally effective level of regulatory supervision do not yet exist in each Member State, and isolated markets persist.
 

(4)

The Communication of the Commission of 10 January 2007 entitled ‘An Energy Policy for Europe’ highlighted the importance of completing the internal market in electricity and creating a level playing field for all electricity undertakings in the Community. The Communications of the Commission of 10 January 2007 entitled ‘Prospects for the internal gas and electricity market’ and ‘Inquiry pursuant to Article 17 of Regulation (EC) No 1/2003 into the European gas and electricity sectors (Final Report)’ demonstrated that the present rules and measures neither provide the necessary framework nor provide for the creation of interconnection capacities to achieve the objective of a well-functioning, efficient and open internal market.
 

(5)

In addition to thoroughly implementing the existing regulatory framework, the regulatory framework for the internal market in electricity set out in Regulation (EC) No 1228/2003 should be adapted in line with those communications.
 

(6)

In particular, increased cooperation and coordination among transmission system operators is required to create network codes for providing and managing effective and transparent access to the transmission networks across borders, and to ensure coordinated and sufficiently forward-looking planning and sound technical evolution of the transmission system in the Community, including the creation of interconnection capacities, with due regard to the environment. Those network codes should be in line with framework guidelines, which are non-binding in nature (framework guidelines) and which are developed by the Agency for the Cooperation of Energy Regulators established by Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators (6) (the Agency). The Agency should have a role in reviewing, based on matters of fact, draft network codes, including...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

Sources and disclaimer

For further information you may want to consult the following sources that have been used to compile this dossier:

This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.

 

7.

Full version

This page is also available in a full version containing the summary of legislation, de geconsolideerde versie, the legal context, de Europese rechtsgrond, other dossiers related to the dossier at hand, the related cases of the European Court of Justice and finally consultations relevant to the dossier at hand.

The full version is available for registered users of the EU Monitor by ANP and PDC Informatie Architectuur.

8.

EU Monitor

The EU Monitor enables its users to keep track of the European process of lawmaking, focusing on the relevant dossiers. It automatically signals developments in your chosen topics of interest. Apologies to unregistered users, we can no longer add new users.This service will discontinue in the near future.

  • 1. 
    COM(2007) 1.

     
  • 2. 
    The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines that the Commission should play a determining role, whilst not undermining the independence of regulators; believes that decisions by the regulators should be made on specifically defined technical and trade issues and on an informed basis considering, when appropriate, the views of TSOs and other relevant stakeholders, and should be legally binding;".

     
  • 3. 
    COM(2005) 59.

     
  • 4. 
    OJ C , , p. .

     
  • 5. 
    As defined in Article 22 of Directive 2003/55/EC and in Article 7 of Regulation (EC) No 1228/2003

     
  • 6. 
    An organigram will be attached to the Explanatory Memorandum.

     
  • 7. 
    For example, in electricity, it is clear that the setting of technical codes needs to be determined for each synchronous area for some issues.

     
  • 8. 
    OJ C , , p. .

     
  • 9. 
    OJ C , , p. .

     
  • 10. 
    OJ C , , p. .

     
  • 11. 
    OJ C , , p. .

     
  • 12. 
    OJ L 176, 15.7.2003, p. 37.

     
  • 13. 
    OJ L 176, 15.7.2003, p. 1.

     
  • 14. 
    COM(2007) 1.

     
  • 15. 
    COM(2006) 841.

     
  • 16. 
    SEC(2006) 1724.

     
  • 17. 
    OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

     
  • 18. 
    The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines that the Commission should play a determining role, whilst not undermining the independence of regulators; believes that decisions by the regulators should be made on specifically defined technical and trade issues and on an informed basis considering, when appropriate, the views of TSOs and other relevant stakeholders, and should be legally binding;".

     
  • 19. 
    OJ L
     
  • 20. 
    COM(2007) 1.

     
  • 21. 
    COM(2005) 59.

     
  • 22. 
    COM(2005) 59.

     
  • 23. 
    COM(2005) 59.

     
  • 24. 
    COM(2005) 59.

     
  • 25. 
    COM(2005) 59.

     
  • 26. 
    COM(2005) 59.

     
  • 27. 
    COM(2005) 59.

     
  • 28. 
    The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines that the Commission should play a determining role, whilst not undermining the independence of regulators; believes that decisions by the regulators should be made on specifically defined technical and trade issues and on an informed basis considering, when appropriate, the views of TSOs and other relevant stakeholders, and should be legally binding;".

     
  • 29. 
    COM(2007) 1.

     
  • 30. 
    COM(2005) 59.

     
  • 31. 
    COM(2007) 1.

     
  • 32. 
    COM(2005) 59.

     
  • 33. 
    COM(2007) 1.

     
  • 34. 
    The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines that the Commission should play a determining role, whilst not undermining the independence of regulators; believes that decisions by the regulators should be made on specifically defined technical and trade issues and on an informed basis considering, when appropriate, the views of TSOs and other relevant stakeholders, and should be legally binding;".

     
  • 35. 
    An organigram will be attached to the Explanatory Memorandum.

     
  • 36. 
    The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines that the Commission should play a determining role, whilst not undermining the independence of regulators; believes that decisions by the regulators should be made on specifically defined technical and trade issues and on an informed basis considering, when appropriate, the views of TSOs and other relevant stakeholders, and should be legally binding;".

     
  • 37. 
    COM(2005) 59.

     
  • 38. 
    OJ C , , p. .

     
  • 39. 
    The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines that the Commission should play a determining role, whilst not undermining the independence of regulators; believes that decisions by the regulators should be made on specifically defined technical and trade issues and on an informed basis considering, when appropriate, the views of TSOs and other relevant stakeholders, and should be legally binding;".

     
  • 40. 
    The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines that the Commission should play a determining role, whilst not undermining the independence of regulators; believes that decisions by the regulators should be made on specifically defined technical and trade issues and on an informed basis considering, when appropriate, the views of TSOs and other relevant stakeholders, and should be legally binding;".

     
  • 41. 
    COM(2005) 59.

     
  • 42. 
    As defined in Article 22 of Directive 2003/55/EC and in Article 7 of Regulation (EC) No 1228/2003

     
  • 43. 
    An organigram will be attached to the Explanatory Memorandum.

     
  • 44. 
    COM(2005) 59.

     
  • 45. 
    The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines that the Commission should play a determining role, whilst not undermining the independence of regulators; believes that decisions by the regulators should be made on specifically defined technical and trade issues and on an informed basis considering, when appropriate, the views of TSOs and other relevant stakeholders, and should be legally binding;".

     
  • 46. 
    The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines that the Commission should play a determining role, whilst not undermining the independence of regulators; believes that decisions by the regulators should be made on specifically defined technical and trade issues and on an informed basis considering, when appropriate, the views of TSOs and other relevant stakeholders, and should be legally binding;".

     
  • 47. 
    COM(2007) 1.

     
  • 48. 
    OJ C , , p. .

     
  • 49. 
    COM(2007) 1.

     
  • 50. 
    The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines that the Commission should play a determining role, whilst not undermining the independence of regulators; believes that decisions by the regulators should be made on specifically defined technical and trade issues and on an informed basis considering, when appropriate, the views of TSOs and other relevant stakeholders, and should be legally binding;".

     
  • 51. 
    COM(2005) 59.

     
  • 52. 
    OJ C , , p. .

     
  • 53. 
    As defined in Article 22 of Directive 2003/55/EC and in Article 7 of Regulation (EC) No 1228/2003

     
  • 54. 
    An organigram will be attached to the Explanatory Memorandum.

     
  • 55. 
    For example, in electricity, it is clear that the setting of technical codes needs to be determined for each synchronous area for some issues.

     
  • 56. 
    OJ C , , p. .

     
  • 57. 
    OJ C , , p. .

     
  • 58. 
    OJ C , , p. .

     
  • 59. 
    OJ C , , p. .

     
  • 60. 
    OJ L 176, 15.7.2003, p. 37.

     
  • 61. 
    OJ L 176, 15.7.2003, p. 1.

     
  • 62. 
    COM(2007) 1.

     
  • 63. 
    COM(2006) 841.

     
  • 64. 
    SEC(2006) 1724.

     
  • 65. 
    OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

     
  • 66. 
    The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines that the Commission should play a determining role, whilst not undermining the independence of regulators; believes that decisions by the regulators should be made on specifically defined technical and trade issues and on an informed basis considering, when appropriate, the views of TSOs and other relevant stakeholders, and should be legally binding;".

     
  • 67. 
    OJ L
     
  • 68. 
    COM(2007) 1.

     
  • 69. 
    COM(2005) 59.

     
  • 70. 
    COM(2005) 59.

     
  • 71. 
    COM(2005) 59.

     
  • 72. 
    COM(2005) 59.

     
  • 73. 
    COM(2005) 59.

     
  • 74. 
    COM(2005) 59.

     
  • 75. 
    COM(2005) 59.

     
  • 76. 
    The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines that the Commission should play a determining role, whilst not undermining the independence of regulators; believes that decisions by the regulators should be made on specifically defined technical and trade issues and on an informed basis considering, when appropriate, the views of TSOs and other relevant stakeholders, and should be legally binding;".

     
  • 77. 
    COM(2007) 1.

     
  • 78. 
    COM(2005) 59.

     
  • 79. 
    COM(2007) 1.

     
  • 80. 
    COM(2005) 59.

     
  • 81. 
    COM(2007) 1.

     
  • 82. 
    The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines that the Commission should play a determining role, whilst not undermining the independence of regulators; believes that decisions by the regulators should be made on specifically defined technical and trade issues and on an informed basis considering, when appropriate, the views of TSOs and other relevant stakeholders, and should be legally binding;".

     
  • 83. 
    An organigram will be attached to the Explanatory Memorandum.

     
  • 84. 
    The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines that the Commission should play a determining role, whilst not undermining the independence of regulators; believes that decisions by the regulators should be made on specifically defined technical and trade issues and on an informed basis considering, when appropriate, the views of TSOs and other relevant stakeholders, and should be legally binding;".

     
  • 85. 
    COM(2005) 59.

     
  • 86. 
    OJ C , , p. .

     
  • 87. 
    The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines that the Commission should play a determining role, whilst not undermining the independence of regulators; believes that decisions by the regulators should be made on specifically defined technical and trade issues and on an informed basis considering, when appropriate, the views of TSOs and other relevant stakeholders, and should be legally binding;".

     
  • 88. 
    The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines that the Commission should play a determining role, whilst not undermining the independence of regulators; believes that decisions by the regulators should be made on specifically defined technical and trade issues and on an informed basis considering, when appropriate, the views of TSOs and other relevant stakeholders, and should be legally binding;".

     
  • 89. 
    COM(2005) 59.

     
  • 90. 
    As defined in Article 22 of Directive 2003/55/EC and in Article 7 of Regulation (EC) No 1228/2003

     
  • 91. 
    An organigram will be attached to the Explanatory Memorandum.

     
  • 92. 
    COM(2005) 59.

     
  • 93. 
    The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines that the Commission should play a determining role, whilst not undermining the independence of regulators; believes that decisions by the regulators should be made on specifically defined technical and trade issues and on an informed basis considering, when appropriate, the views of TSOs and other relevant stakeholders, and should be legally binding;".

     
  • 94. 
    The European Council agrees in its conclusions to the establishment of an independent mechanim for national regulators to cooperate and take decisions on important cross-border issues, whereas the adopted Vidal Quadras report states that the EP "Welcomes the Commission's proposal to enhance cooperation between national regulators at EU level, through a EU entity, as a way to promote a more European approach to regulation on cross-border issues; underlines that the Commission should play a determining role, whilst not undermining the independence of regulators; believes that decisions by the regulators should be made on specifically defined technical and trade issues and on an informed basis considering, when appropriate, the views of TSOs and other relevant stakeholders, and should be legally binding;".

     
  • 95. 
    COM(2007) 1.

     
  • 96. 
    OJ C , , p. .

     
  • 97. 
    Deze databank van de Europese Unie biedt de mogelijkheid de actuele werkzaamheden (workflow) van de Europese instellingen (Europees Parlement, Raad, ESC, Comité van de Regio's, Europese Centrale Bank, Hof van Justitie enz.) te volgen. EURlex volgt alle voorstellen (zoals wetgevende en begrotingsdossiers) en mededelingen van de Commissie, vanaf het moment dat ze aan de Raad of het Europees Parlement worden voorgelegd.
     
  • 98. 
    EUR-lex provides an overview of the proposal, amendments, citations and legality.