Executive Summary:
This EEA Joint Committee Decision No. 204/2020 amends Annex IV (Energy) to the EEA Agreement to incorporate Commission Regulation (EU) 2015/1222 regarding capacity allocation and congestion management. The regulation will not apply to Iceland and Liechtenstein. The decision emphasizes information sharing and protection of sensitive information, particularly for Norway's involvement. It entered into force on December 12, 2020, or the day following the last notification to the EEA Joint Committee.
Key Points / Main Content:
* **Incorporation of EU Regulation 2015/1222:**
* Commission Regulation (EU) 2015/1222 on capacity allocation and congestion management is incorporated into the EEA Agreement.
* **Exemptions:**
* The Regulation does not apply to Iceland and Liechtenstein due to their unique grid situations (Iceland's lack of interconnection and Liechtenstein's lack of its own transmission network).
* **Norway's Role:**
* References to Transmission System Operators (TSOs), Nominated Electricity Market Operators (NEMOs), regulatory authorities, and stakeholders include those representing Norway.
* Norwegian TSOs and NEMOs should participate in stakeholder decision-making similarly to EU Member State representatives.
* The Norwegian regulatory authority should be involved in consultations and cooperation when regional or Union-wide proposals require decisions by multiple regulatory authorities.
* **Information Sharing and Protection:**
* All necessary information must be submitted without delay when jointly developing terms, conditions, and methodologies.
* Close cooperation between TSOs and regulatory authorities is required to protect sensitive information (e.g., substation details, underground transmission locations, control systems, vulnerability analyses).
* Agreements between TSOs and/or regulatory authorities may ensure confidential or sensitive information is effectively protected.
* **Population Thresholds:**
* References to the population of the Union, concerned region, and participating Member States include the population of Norway when determining whether relevant population thresholds for attaining qualified majority are met.
* **Regional Composition:**
* References to regions composed of more than five Member States should be read as regions composed of more than four Union Member States and Norway.
* References to regions composed of five Member States or less should be read as regions composed of four Union Member States and Norway or less.
Impact Analysis:
* **TSOs (including Norwegian TSO):**
* *Impact:* Must participate in the development of terms, conditions, and methodologies as set out in Regulation EU 2015/1222. Must cooperate to protect sensitive information during the development process.
* *Action Required:* Actively engage in the development of proposals, share necessary information promptly, and ensure the protection of sensitive data.
* **NEMOs (including Norwegian NEMOs):**
* *Impact:* Must participate in the development of terms, conditions, and methodologies as set out in Regulation EU 2015/1222.
* *Action Required:* Actively engage in the development of proposals.
* **Regulatory Authorities (including Norwegian Regulatory Authority):**
* *Impact:* Must consult and cooperate to reach agreements on regional or Union-wide proposals.
* *Action Required:* Participate in consultations, cooperate with other regulatory bodies, and ensure effective information protection.
* **Stakeholders:**
* *Impact:* Input is crucial for an effective regulatory cross-border framework.
* *Action Required:* Participate in the processes for the development of proposals for terms, conditions, and methodologies.
Key Entities Referenced
EEA Joint Committee: A committee responsible for decisions related to the Agreement on the European Economic Area (EEA).
EEA Agreement: Agreement on the European Economic Area
Commission Regulation EU 2015/1222: A European Union regulation establishing a guideline on capacity allocation and congestion management.
Iceland: A country in Europe; specifically mentioned as not connected to other transmission systems.
Liechtenstein: A country in Europe; specifically mentioned as not having its own transmission electricity network.
Norway: A country, its TSO, NEMOs and regulatory authorities are to be included in considerations related to Commission Regulation EU 2015/1222.
Transmission System Operators (TSOs): Operators of transmission systems, particularly in the context of energy and electricity networks.
Regulation EC No 714/2009: Regulation of the European Parliament and of the Council on conditions for access to the network for cross-border exchanges in electricity.
28.9.2023 EN Official Journal of the European Union L 240/57
DECISION OF THE EEA JOINT COMMITTEE No 204/2020
of 11 December 2020
amending Annex IV (Energy) to the EEA Agreement [2023/2006]
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Article 98
thereof,
Whereas:
(1) Commission Regulation (EU) 2015/1222 of 24 July 2015 establishing a guideline on capacity allocation and
congestion management(1)is to be incorporated into the EEA Agreement.
(2) Commission Regulation (EU) 2015/1222 does not apply to transmission systems on islands which are not
connected to other transmission systems via interconnections.
(3) As the transmission system of Iceland is not connected with another transmission system, Commission Regulation
(EU) 2015/1222 should not apply to Iceland.
(4) Due to its small size and the limited number of electricity customers, Liechtenstein does not have its own
transmission electricity network. Commission Regulation (EU) 2015/1222 should therefore not apply to
Liechtenstein.
(5) References to Transmission System Operators ('TSOs'), Nominated Electricity Market Operators ('NEMOs'),
regulatory authorities and stakeholders should be understood to include the TSO, NEMOs, regulatory authorities
and stakeholders representing Norway.
(6) When jointly developing terms, conditions and methodologies pursuant to Commission Regulation
(EU) 2015/1222, it is essential that all necessary information be submitted without delay. Close cooperation
between TSOs and regulatory authorities should ensure that sensitive information, such as detailed information
about electrical substations, exact location of underground transmission, information about control systems and
detailed vulnerability analyses that can be used for sabotage, is effectively protected in this process of developing
terms, conditions or methodologies. To ensure the effective implementation of Commission Regulation
(EU) 2015/1222, the same level of cooperation regarding information exchange and protection of sensitive
information should be established for the purposes of the cooperation with Norway.
(7) Input from all main stakeholders in the development of regional or EEA-wide terms, conditions and methodologies,
that could become binding through regulatory approval, is crucial for an effective regulatory cross-border
framework. The TSOs and other stakeholders should therefore participate in the processes for the development of
proposals for terms, conditions and methodologies as set out in the various provisions in Commission Regulation
(EU) 2015/1222. The Norwegian TSO and NEMOs should, in particular, participate in the stakeholder decision-
making in a similar manner as TSOs and NEMOs representing an EU Member State.
(8) For regional or Union-wide proposals, where the approval of proposals from TSOs or NEMOs requires a decision by
more than one regulatory authority, regulatory authorities should consult and cooperate in order to reach agreement
before the regulatory authorities adopt a decision. The Norwegian regulatory authority should be involved in such
cooperation.
(1) OJ L 197, 25.7.2015, p. 24.L 240/58 EN Official Journal of the European Union 28.9.2023
(9) As Commission Regulation (EU) 2015/1222 has been adopted on the basis of Regulation (EC) No 714/2009 of the
European Parliament and of the Council of 13 July 2009on conditions for access to the network for cross-border
exchanges in electricity and repealing Regulation (EC) No 1228/2003(2), the adaptation texts elaborated and
adopted under Decision of the EEA Joint Committee No 93/2017 of 5 May 2017amending Annex IV (Energy) to
the EEA Agreement(3) for the implementation of Regulation (EC) No 714/2009, in particular the provisions in
points (1) and (5) of Article 1 thereof, which provide for adaptations concerning the role of the Agency for the
Cooperation of Energy Regulators in the EEA context, are relevant for the application of Commission Regulation
(EU) 2015/1222 in the EEA, in particular for the application of Article 9 (11) and (12) thereof.
(10) Annex IV to the EEA Agreement should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
The following is inserted after point 48 (Commission Regulation (EU) No 543/2013) of Annex IV to the EEA Agreement:
‘49. 32015 R 1222: Commission Regulation (EU) 2015/1222 of 24 July 2015 establishing a guideline on capacity
allocation and congestion management (OJ L 197, 25.7.2015, p. 24).
The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:
(a) The Regulation shall not apply to Iceland and Liechtenstein.
(b) In Article 9:
(i) The references to the “population of the Union” in Article 9(2)(b), to “the population of the concerned region”
in Article 9(3)(b) and to “the population of the participating Member States” in Article 9(3), second
subparagraph, shall be understood as including the population of Norway when considering whether the
relevant population threshold for attaining qualified majority is attained.
(ii) The references to “regions composed of more than five Member States” in Article 9(3), first subparagraph, and
to “regions composed of five Member States or less” in Article 9(3), third subparagraph, shall be read as
“regions composed of more than four Union Member States and Norway” and as “regions composed of four
Union Member States and Norway or less”, respectively.
(c) The following shall be added to Article 13:
“Agreements between TSOs and / or regulatory authorities may ensure that confidential or sensitive information is
effectively protected and help guaranteeing that all information which is necessary to develop the common terms,
conditions and methods is submitted without delay”.’
Article 2
The text of Regulation (EU) 2015/1222 in the Norwegian language, to be published in the EEA Supplement to the Official
Journal of the European Union, shall be authentic.
Article 3
This Decision shall enter into force on 12 December 2020, or on the day following the last notification to the EEA Joint
Committee under Article 103(1) of the EEA Agreement*, whichever is the later.
(2) OJ L 211, 14.8.2009, p. 15.
(3) OJ L 36, 7.2.2019, p. 44.
* Constitutional requirements indicated.28.9.2023 EN Official Journal of the European Union L 240/59
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European
Union.
Done at Brussels, 11 December 2020.
For the EEA Joint Committee
The President
Sabine MONAUNI