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 and repealing Directive 96/92/EC - Statements made with regard to decommissioning and waste management activities
Modified by
- Council Directive 2004/85/ECof 28 June 2004amending Directive 2003/54/EC of the European Parliament and of the Council as regards the application of certain provisions to Estonia, 32004L0085, July 7, 2004
- Directive 2008/3/EC of the European Parliament and of the Councilof 15 January 2008amending Directive 2003/54/EC as regards the application of certain provisions to Estonia, 32008L0003, January 22, 2008
- Directive 2009/72/EC of the European Parliament and of the Councilof 13 July 2009concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC(Text with EEA relevance), 32009L0072, August 14, 2009
(a) the contribution of each energy source to the overall fuel mix of the supplier over the preceding year; (b) at least the reference to existing reference sources, such as web-pages, where information on the environmental impact, in terms of at least emissions of CO 2 and the radioactive waste resulting from the electricity produced by the overall fuel mix of the supplier over the preceding year is publicly available.
(a) the safety and security of the electricity system, installations and associated equipment; (b) protection of public health and safety; (c) protection of the environment; (d) land use and siting; (e) use of public ground; (f) energy efficiency; (g) the nature of the primary sources; (h) characteristics particular to the applicant, such as technical, economic and financial capabilities; (i) compliance with measures adopted pursuant to Article 3.
(a) ensuring the long-term ability of the system to meet reasonable demands for the transmission of electricity; (b) contributing to security of supply through adequate transmission capacity and system reliability; (c) managing energy flows on the system, taking into account exchanges with other interconnected systems. To that end, the transmission system operator shall be responsible for ensuring a secure, reliable and efficient electricity system and, in that context, for ensuring the availability of all necessary ancillary services insofar as this availability is independent from any other transmission system with which its system is interconnected; (d) providing to the operator of any other system with which its system is interconnected sufficient information to ensure the secure and efficient operation, coordinated development and interoperability of the interconnected system; (e) ensuring non-discrimination as between system users or classes of system users, particularly in favour of its related undertakings; (f) providing system users with the information they need for efficient access to the system.
(a) those persons responsible for the management of the transmission system operator may not participate in company structures of the integrated electricity undertaking responsible, directly or indirectly, for the day-to-day operation of the generation, distribution and supply of electricity; (b) appropriate measures must be taken to ensure that the professional interests of the persons responsible for the management of the transmission system operator are taken into account in a manner that ensures that they are capable of acting independently; (c) the transmission system operator shall have effective decision-making rights, independent from the integrated electricity undertaking, with respect to assets necessary to operate, maintain or develop the network. This should not prevent the existence of appropriate coordination mechanisms to ensure that the economic and management supervision rights of the parent company in respect of return on assets, regulated indirectly in accordance with Article 23(2), in a subsidiary are protected. In particular, this shall enable the parent company to approve the annual financial plan, or any equivalent instrument, of the transmission system operator and to set global limits on the levels of indebtedness of its subsidiary. It shall not permit the parent company to give instructions regarding day-to-day operations, nor with respect to individual decisions concerning the construction or upgrading of transmission lines, that do not exceed the terms of the approved financial plan, or any equivalent instrument; (d) the transmission system operator shall establish a compliance programme, which sets out measures taken to ensure that discriminatory conduct is excluded, and ensure that observance of it is adequately monitored. The programme shall set out the specific obligations of employees to meet this objective. An annual report, setting out the measures taken, shall be submitted by the person or body responsible for monitoring the compliance programme to the regulatory authority referred to in Article 23(1) and shall be published.
(a) those persons responsible for the management of the distribution system operator may not participate in company structures of the integrated electricity undertaking responsible, directly or indirectly, for the day-to-day operation of the generation, transmission or supply of electricity; (b) appropriate measures must be taken to ensure that the professional interests of the persons responsible for the management of the distribution system operator are taken into account in a manner that ensures that they are capable of acting independently; (c) the distribution system operator shall have effective decision-making rights, independent from the integrated electricity undertaking, with respect to assets necessary to operate, maintain or develop the network. This should not prevent the existence of appropriate coordination mechanisms to ensure that the economic and management supervision rights of the parent company in respect of return on assets, regulated indirectly in accordance with Article 23(2), in a subsidiary are protected. In particular, this shall enable the parent company to approve the annual financial plan, or any equivalent instrument, of the distribution system operator and to set global limits on the levels of indebtedness of its subsidiary. It shall not permit the parent company to give instructions regarding day-to-day operations, nor with respect to individual decisions concerning the construction or upgrading of distribution lines, that do not exceed the terms of the approved financial plan, or any equivalent instrument; (d) the distribution system operator shall establish a compliance programme, which sets out measures taken to ensure that discriminatory conduct is excluded, and ensure that observance of it is adequately monitored. The programme shall set out the specific obligations of employees to meet this objective. An annual report, setting out the measures taken, shall be submitted by the person or body responsible for monitoring the compliance programme to the regulatory authority referred to in Article 23(1) and published.
(a) those persons responsible for the management of the combined system operator may not participate in company structures of the integrated electricity undertaking responsible, directly or indirectly, for the day-to-day operation of the generation, or supply of electricity; (b) appropriate measures must be taken to ensure that the professional interests of the persons responsible for the management of the combined system operator are taken into account in a manner that ensures that they are capable of acting independently; (c) the combined system operator shall have effective decision-making rights, independent from the integrated electricity undertaking, with respect to assets necessary to operate, maintain and develop the network. This should not prevent the existence of appropriate coordination mechanisms to ensure that the economic and management supervision rights of the parent company in respect of return on assets, regulated indirectly in accordance with Article 23(2), in a subsidiary are protected. In particular, this shall enable the parent company to approve the annual financial plan, or any equivalent instrument, of the combined system operator and to set global limits on the levels of indebtedness of its subsidiary. It shall not permit the parent company to give instructions regarding day-to-day operations, nor with respect to individual decisions concerning the construction or upgrading of transmission and distribution lines, that do not exceed the terms of the approved financial plan, or any equivalent instrument; (d) the combined system operator shall establish a compliance programme which sets out measures taken to ensure that discriminatory conduct is excluded, and ensure that observance of it is adequately monitored. The programme shall set out the specific obligations of employees to meet this objective. An annual report, setting out the measures taken, shall be submitted by the person or body responsible for monitoring the compliance programme to the regulatory authority referred to in Article 23(1) and published.
(a) until 1 July 2004 , the eligible customers as specified in Article 19(1) to (3) of Directive 96/92/EC. Member States shall publish by 31 January each year the criteria for the definition of these eligible customers;(b) from 1 July 2004 , at the latest, all non-household customers;(c) from 1 July 2007 , all customers.
(a) contracts for the supply of electricity with an eligible customer in the system of another Member State shall not be prohibited if the customer is considered as eligible in both systems involved; (b) in cases where transactions as described in point (a) are refused because of the customer being eligible only in one of the two systems, the Commission may oblige, taking into account the situation in the market and the common interest, the refusing party to execute the requested supply at the request of the Member State where the eligible customer is located.
(a) all electricity producers and electricity supply undertakings established within their territory to supply their own premises, subsidiaries and eligible customers through a direct line; (b) any eligible customer within their territory to be supplied through a direct line by a producer and supply undertakings.
(a) the rules on the management and allocation of interconnection capacity, in conjunction with the regulatory authority or authorities of those Member States with which interconnection exists; (b) any mechanisms to deal with congested capacity within the national electricity system; (c) the time taken by transmission and distribution undertakings to make connections and repairs; (d) the publication of appropriate information by transmission and distribution system operators concerning interconnectors, grid usage and capacity allocation to interested parties, taking into account the need to treat non-aggregated information as commercially confidential; (e) the effective unbundling of accounts, as referred to in Article 19, to ensure that there are no cross subsidies between generation, transmission, distribution and supply activities; (f) the terms, conditions and tariffs for connecting new producers of electricity to guarantee that these are objective, transparent and non-discriminatory, in particular taking full account of the costs and benefits of the various renewable energy sources technologies, distributed generation and combined heat and power; (g) the extent to which transmission and distribution system operators fulfil their tasks in accordance with Articles 9 and 14; (h) the level of transparency and competition.
(a) connection and access to national networks, including transmission and distribution tariffs. These tariffs, or methodologies, shall allow the necessary investments in the networks to be carried out in a manner allowing these investments to ensure the viability of the networks; (b) the provision of balancing services.
(a) the experience gained and progress made in creating a complete and fully operational internal market in electricity and the obstacles that remain in this respect, including aspects of market dominance, concentration in the market, predatory or anti-competitive behaviour and the effect of this in terms of market distortion; (b) the extent to which the unbundling and tarification requirements contained in this Directive have been successful in ensuring fair and non-discriminatory access to the Community's electricity system and equivalent levels of competition, as well as the economic, environmental and social consequences of the opening of the electricity market for customers; (c) an examination of issues relating to system capacity levels and security of supply of electricity in the Community, and in particular the existing and projected balance between demand and supply, taking into account the physical capacity for exchanges between areas; (d) special attention will be given to measures taken in Member States to cover peak demand and to deal with shortfalls of one or more suppliers; (e) the implementation of the derogation provided under Article 15(2) with a view to a possible revision of the threshold; (f) a general assessment of the progress achieved with regard to bilateral relations with third countries which produce and export or transport electricity, including progress in market integration, the social and environmental consequences of the trade in electricity and access to the networks of such third countries; (g) the need for possible harmonisation requirements that are not linked to the provisions of this Directive; (h) the manner in which Member States have implemented in practice the requirements regarding energy labelling contained in Article 3(6), and the manner in which any Commission Recommendations on this issue have been taken into account.
the existence of non-discriminatory network access; effective regulation; the development of interconnection infrastructure and the security of supply situation in the Community; the extent to which the full benefits of the opening of markets are accruing to small enterprises and households, notably with respect to public service and universal service standards; the extent to which markets are in practice open to effective competition, including aspects of market dominance, market concentration and predatory or anti-competitive behaviour; the extent to which customers are actually switching suppliers and renegotiating tariffs; price developments, including supply prices, in relation to the degree of the opening of markets; the experience gained in the application of the Directive as far as the effective independence of system operators in vertically integrated undertakings is concerned and whether other measures in addition to functional independence and separation of accounts have been developed which have effects equivalent to legal unbundling.
(a) have a right to a contract with their electricity service provider that specifies: the identity and address of the supplier; the services provided, the service quality levels offered, as well as the time for the initial connection; if offered, the types of maintenance service offered; the means by which up-to-date information on all applicable tariffs and maintenance charges may be obtained; the duration of the contract, the conditions for renewal and termination of services and of the contract, the existence of any right of withdrawal; any compensation and the refund arrangements which apply if contracted service quality levels are not met; and the method of initiating procedures for settlement of disputes in accordance with point (f).
Conditions shall be fair and well known in advance. In any case, this information should be provided prior to the conclusion or confirmation of the contract. Where contracts are concluded through intermediaries, the above information shall also be provided prior to the conclusion of the contract; (b) are given adequate notice of any intention to modify contractual conditions and are informed about their right of withdrawal when the notice is given. Service providers shall notify their subscribers directly of any increase in charges, at an appropriate time no later than one normal billing period after the increase comes into effect. Member States shall ensure that customers are free to withdraw from contracts if they do not accept the new conditions notified to them by their electricity service provider; (c) receive transparent information on applicable prices and tariffs and on standard terms and conditions, in respect of access to and use of electricity services; (d) are offered a wide choice of payment methods. Any difference in terms and conditions shall reflect the costs to the supplier of the different payment systems. General terms and conditions shall be fair and transparent. They shall be given in clear and comprehensible language. Customers shall be protected against unfair or misleading selling methods; (e) shall not be charged for changing supplier; (f) benefit from transparent, simple and inexpensive procedures for dealing with their complaints. Such procedures shall enable disputes to be settled fairly and promptly with provision, where warranted, for a system of reimbursement and/or compensation. They should follow, wherever possible, the principles set out in Commission Recommendation 98/257/EC ;OJ L 115, 17.4.1998, p. 31 .(g) when having access to universal service under the provisions adopted by Member States pursuant to Article 3(3), are informed about their rights regarding universal service.
Directive 96/92/EC | This Directive | |
---|---|---|
Article 1 | Article 1 | Scope |
Article 2 | Article 2 | Definitions |
Article 3 and 10(1) | Article 3 | PSOs and Customer protection |
— | Article 4 | Monitoring of security of supply |
Article 7(2) | Article 5 | Technical rules |
Article 4 and 5 | Article 6 | Authorisation procedure for new capacity |
Article 4 and 6 | Article 7 | Tendering for new capacity |
Article 7(1) | Article 8 | Designation of TSOs |
Article 7(3)-(5) | Article 9 | Tasks of TSOs |
Article 7(6) | Article 10 | Unbundling of TSOs |
Article 8 | Article 11 | Dispatching and balancing |
Article 9 | Article 12 | Confidentiality for TSOs |
Article 10(2) and (3) | Article 13 | Designation of DSOs |
Article 11 | Article 14 | Tasks of DSOs |
— | Article 15 | Unbundling of DSOs |
Article 12 | Article 16 | Confidentiality for DSOs |
— | Article 17 | Combined operator |
Article 13 | Article 18 | Right of access to accounts |
Article 14 | Article 19 | Unbundling of accounts |
Article 15-18 | Article 20 | Third Party Access |
Article 19 | Article 21 | Market opening and reciprocity |
Article 21 | Article 22 | Direct lines |
Article 20(3)-(4) and 22 | Article 23 | Regulatory authorities |
Article 23 | Article 24 | Safeguard measures |
— | Article 25 | Monitoring of imports of electricity |
Article 24 | Article 26 | Derogations |
— | Article 27 | Review procedure |
Article 25 and 26 | Article 28 | Reporting |
— | Article 29 | Repeals |
Article 27 | Article 30 | Implementation |
Article 28 | Article 31 | Entry into force |
Article 29 | Article 32 | Addressees |
Annex A | Measures on consumer protection |