Executive Summary:
EEA Joint Committee Decision No. 206/2020 amends Annex IV (Energy) to the EEA Agreement to incorporate Commission Regulation (EU) 2017/1485 regarding electricity transmission system operation. The regulation will not apply to Iceland and Liechtenstein. The decision came 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:**
* Commission Regulation (EU) 2017/1485 on electricity transmission system operation is incorporated into the EEA Agreement.
* **Exemptions:**
* The Regulation does not apply to Iceland and Liechtenstein due to their unique transmission system circumstances.
* **Norway's Role:**
* References to Transmission System Operators (TSOs), Distribution System Operators (DSOs), Significant Grid Users (SGUs), regulatory authorities, stakeholders, and designated entities include those representing Norway.
* Norway's population is considered when determining qualified majority thresholds in specific articles.
* Regions including Norway are redefined for the application of certain articles.
* **Information Protection and Cooperation:**
* Agreements between TSOs and/or regulatory authorities can ensure the protection of confidential or sensitive information and the timely submission of necessary information.
* Close cooperation between TSOs and regulatory authorities is essential to protect sensitive information.
* **Stakeholder Involvement:**
* The Norwegian TSO should participate in stakeholder decision-making similarly to TSOs representing EU Member States.
* **Regulatory Cooperation:**
* The Norwegian regulatory authority should be involved in consultations and cooperation when regulatory authorities need to reach an agreement.
* **Adaptation Texts:**
* Adaptation texts adopted under Decision of the EEA Joint Committee No 93/2017 are relevant for the application of Commission Regulation EU 2017/1485 in the EEA, particularly concerning the role of the Agency for the Cooperation of Energy Regulators.
Impact Analysis:
* **Transmission System Operators (TSOs):**
* Impact: TSOs must comply with Commission Regulation (EU) 2017/1485, cooperate with regulatory authorities to protect sensitive information, and involve the Norwegian TSO in decision-making.
* Action Required: Implement the provisions of the Regulation, cooperate on information protection, and include the Norwegian TSO in relevant processes.
* **Regulatory Authorities:**
* Impact: Regulatory authorities must enforce the Regulation, cooperate to protect sensitive information, and involve the Norwegian regulatory authority in consultations and cooperation.
* Action Required: Enforce the Regulation, collaborate on information protection, and include the Norwegian regulatory authority in relevant processes.
* **Norway:**
* Impact: Norwegian TSO, DSOs, SGUs, regulatory authorities, stakeholders, and designated entities are included in the scope of the Regulation. Norway's population is considered for certain calculations.
* Action Required: Norwegian entities must participate in relevant processes and cooperate with other stakeholders.
* **Iceland and Liechtenstein:**
* Impact: The Regulation does not apply to Iceland and Liechtenstein.
* Action Required: No action required.
Key Entities Referenced
EEA Joint Committee: The decision-making body responsible for amending the EEA Agreement.
EEA Agreement: Agreement on the European Economic Area.
Commission Regulation EU 2017/1485: A European Union regulation establishing a guideline on electricity transmission system operation.
Iceland: A country whose transmission system is not connected with other transmission systems, thus excluded from certain provisions of Commission Regulation EU 2017/1485.
Liechtenstein: A country that does not have its own transmission electricity network, thus excluded from certain provisions of Commission Regulation EU 2017/1485.
Norway: A country whose representation is included in references to Transmission System Operators (TSOs), Distribution System Operators (DSOs), Significant Grid Users (SGUs), regulatory authorities, stakeholders and designated entities.
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.
Brussels: Location where the EEA Joint Committee decision was made.
28.9.2023 EN Official Journal of the European Union L 240/63
DECISION OF THE EEA JOINT COMMITTEE No 206/2020
of 11 December 2020
amending Annex IV (Energy) to the EEA Agreement [2023/2008]
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Articles 86
and 98 thereof,
Whereas:
(1) Commission Regulation (EU) 2017/1485 of 2 August 2017 establishing a guideline on electricity transmission
system operation(1)is to be incorporated in the EEA Agreement.
(2) Commission Regulation (EU) 2017/1485 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 other transmission systems, Commission Regulation
(EU) 2017/1485 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) 2017/1485 should therefore not apply to
Liechtenstein.
(5) References to Transmission System Operators (“TSOs”), Distribution System Operators (“DSOs”), Significant Grid
Users (“SGUs”), regulatory authorities, stakeholders and designated entities should be understood to include the
TSO, DSOs, SGUs, regulatory authority, stakeholders and designated entities representing Norway.
(6) When jointly developing terms, conditions and methodologies pursuant to Commission Regulation
(EU) 2017/1485, 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 the process of developing
terms, conditions or methodologies. To ensure the effective implementation of Commission Regulation
(EU) 2017/1485, 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) 2017/1485. The Norwegian TSO should, in particular, participate in the stakeholder decision-making in a
similar manner as TSOs representing an EU Member State.
(8) For regional or Union-wide proposals, where the approval of proposals from TSOs requires a decision by more than
one regulatory authority, regulatory authorities should consult and closely cooperate in order to reach agreement
before the regulatory authorities adopt a decision. The Norwegian regulatory authority should be involved in such
cooperation.
(9) As Commission Regulation (EU) 2017/1485 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
(1) OJ L 220, 25.8.2017, p. 1.
(2) OJ L 211, 14.8.2009, p. 15.
(3) OJ L 36, 7.2.2019, p. 44.L 240/64 EN Official Journal of the European Union 28.9.2023
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) 2017/1485 in the EEA, in particular for the application of Article 6 (8) and Article 7 (3) thereof.
(10) Annex IV to the the EEA Agreement should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
The following is inserted after point 50 (Commission Regulation (EU) 2016/1719) of Annex IV to the EEA Agreement:
‘51. 32017 R 1485: Commission Regulation (EU) 2017/1485 of 2 August 2017 establishing a guideline on electricity
transmission system operation (OJ L 220, 25.8.2017, p. 1).
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 5:
(i) The references to “the population of the Union” in Article 5(3)(b), to “the population of the concerned region”
in Article 5(5)(b) and to “the population of the participating Member States” in Article 5(6) 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 5(5) and to “regions
composed of five Member States or less” in Article 5(7) 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 12:
“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) 2017/1485 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.
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.
* Constitutional requirements indicated.28.9.2023 EN Official Journal of the European Union L 240/65
Done at Brussels, 11 December 2020.
For the EEA Joint Committee
The President
Sabine MONAUNI