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European Commission. Regulation of electricity markets in the European Union. APEX annual conference 2005. Lars Hollner European Commission . Directorate General for Energy and Transport. Development in time.
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European Commission • Regulation of electricity markets • in the European Union APEX annual conference 2005 Lars Hollner European Commission Directorate General for Energy and Transport
Development in time • 1996 and 1998: 1st Internal Market Directives on gas (98/30/EC) and electricity (96/92/EC) • Directives effective in Member States as from 1998 and 2000 • Deficits and shortcomings resulted in 2nd package Directive 2003/54/EC and 2003/55/EC adopted in November 2003 • Effective as from 1 July 2004 • However, lack of timely transposition in national law • CommissionProgress Report this month
The European approach • Creation of one internal market for energy rather than 25 liberalised, but separated national markets • Principle of subsidiarity • Approach based on Directives, that means: Mandatory with respect to objectives, but free with respect to the means to achieve the objectives
Summary of New Directives • Full market opening timetable • Legal and functional unbundling of networks • Regulated Access to Networks with published tariffs and methodology approved in advance by regulators • Deadline July 2004 for most provisions • Deadline July 2007 for full market opening and DSO unbundling
Role of regulators • Regulator is in charge of • network access tariff methodology: Art. 23(2)(a) • balancing methodology: Art 23(2)(b) • cross border capacity allocation: Regulation Art 9 • regulators must have access to information (e.g. accounts of system operators) • regulators must have some form of sanction against companies to ensure compliance
Separation of network operators • Unbundling • Legal unbundling of TSO from July 2004, • Additional measures to ensure independent acting • Management may not participate in other activities of the integrated undertaking • No conflict of interest • Compliance programme • Legal unbundling of DSOnot later than July 2007, but management unbundling applies from 2004 onwards
Market Opening • Market Opening • deadline for non-households July 2004 • deadline for all customers July 2007 • Generation market open since 1999 (first Directive). Anybody can build generation capacity; e.g. large users, CHP producers.
Role of European Commission • Propose EU legislation, for adoption by Council and Parliament • Monitor and enforce compliance with EU rules • Adopt implementing measures in a limited number of issues related to cross-border transmission – regulatory decisions at EU level. • Apply EU competition rules to the energy sector
Role of Member States • Implement effectively EU framework rules at the national basis • Take all necessary measures to make the market work in practice • Ensure that regulatory authorities have the necessary powers and means (budget, staff) to effectively play their role
Role of regulators • Co-operation of national regulators important – national regulatory decisions impact on EU market • Commission set up advisory group of energy regulators, to promote co-operation and encourage harmonised approaches to regulation
Role of power exchanges • Number of power exchanges has increased over time. • At the moment 11 power exchanges exist in the EU electricity market • Liquidity in most power exchanges is still limited but increasing • Power exchanges play an important role in ensuring transparency in the market and facilitating integration of national markets into regional markets • Need to re-enforce oversight on power exchanges to exclude anti-competitive practices?
The EU electricity market – remaing deficits • Late transposition of new directives – not yet fully effective • Lack of integration of national markets – no price convergence, largely due to insufficient infrastructure • Market structure: dominant positions of incumbents in many national markets
The EU electricity market – remaing deficits • Effectiveness of regulators appears to differ between Member States • Unbundling of network business not yet satisfactory in practice, despite a growing trend towards ownership separation at TSO level • Customers response still underdeveloped
Summary • EU Energy Law is reaching a state of maturity after a long period of development • Main measures are in place for a competitive sector but they need to be effectively implemented at national level • Further integration of national markets is key – power exchanges play an important in this respect