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.

(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 2009 on 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 2017 amending 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.

“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 ( *1 ) , 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 .

Done at Brussels, 11 December 2020.

For the EEA Joint Committee

The President

Sabine MONAUNI

( 1 ) OJ L 197, 25.7.2015, p. 24 .

( 2 ) OJ L 211, 14.8.2009, p. 15 .

( 3 ) OJ L 36, 7.2.2019, p. 44 .

( *1 ) Constitutional requirements indicated.