1990L0547 — EN — 28.07.1994 — 001.001 — 1
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►B COUNCIL DIRECTIVE
of 29 October 1990
on the transit of electricity through transmission grids
(90/547/EEC)
(OJ L 313, 13.11.1990, p. 30)
Amended by:
Official Journal
Nopage date
►M1Commission Decision 94/559/EC of 26 July 1994 L 214 14 19.8.1994
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COUNCIL DIRECTIVE
of 29 October 1990
on the transit of electricity through transmission grids
(90/547/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 100a thereof,
Having regard to the proposal from the Commission(1),
In cooperation with the European Parliament(2),
Having regard to the opinion of the Economic and Social Committee(3),
Whereas it is necessary to adopt measures with the aim of progressively
establishing the internal market over a period expiring on 31 December1992; whereas the European Council has recognized, at its successivemeetings, in particular in Rhodes, the need for a single internal marketin energy and whereas the achievement of the internal market morespecifically in the electricity sector will help the further development ofthe Community’s energy objectives;
Whereas there must be greater integration of the European energy
market if the single internal market is tobe achieved; whereas elec-tricity is an essential component of the Community’s energy balance;
Whereas the achievement of the internal market for energy, more partic-
ularly in the electricity sector, must take into account the objective ofeconomic and social cohesion, that is to say, in concrete terms, guar-antee an optimum supply of electricity to all the citizens of all theCommunity regions, with a view to improving and harmonizing theliving conditions and development bases in particular in the least-favoured regions;
Whereas energy polices, more than any other measure contributing to
the achievement of the internal market, must not be implemented withthe sole aim of reducing costs and maintaining competition, but mustalso take account of the need to ensure the security of supplies and thecompatibility of energy production methods with the environment;
Whereas to attain that objective, account should be taken of the specific
characteristics of the electricity sector;
Whereas there is increasing trade in electricity each year between
high-voltage electricity grids in Europe; whereas the European Commu-nity’s security of electricity supply would be improved and costsreduced by coordinating the building and operation of the interconnec-tions required for such trade;
Whereas the exchange of electricity between electricity grids which is
based on contracts with a minimum duration of one year is so great thatrequests for transactions and their consequences should be systemati-cally known to the Commission;
Whereas it is possible and desirable to increase electricity transfers
between grids and also take account of the imperatives of security andquality of electricity supply; whereas studies show that such greaterelectricity transfers between grids can minimize the cost of investmentand fuels involved in electricity generation and transmission and ensureoptimum use of the means of production and infrastructure;
(1) OJ NoC 8, 13. 1. 1990, p. 4.
(2) OJ No C 113, 7. 5. 1990, p. 91 and Decision of 10 October 1990 (not
yet published in the Official Journal).
(3) OJ NoC 75, 26. 3. 1990, p. 23.
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Whereas there are still obstacles to such trade; whereas, provided thatthey are not due to the nature of technology used or the nature of thegrids themselves, such obstacles can be reduced by making the transit ofelectricity through grids compulsory and introducing an appropriatesystem for monitoring compliance with this obligation;
Whereas this obligation and monitoring system concern the transit of
electricity involved in trade with is in the Community interest, i.e.transit through high-voltage grids;
Whereas the contract conditions concerning the transit of electricity
between grids must be negotiated between the responsible entities;whereas the conditions of transit should be fair and should not bringabout, directly or indirectly, conditions contrary to Communitycompetition rules;
Whereas, in order to facilitate the conclusion of transit contracts, the
Commission is providing for the creation of a conciliation procedureunder which submission must be made at the request of one of theparties, without the result of that procedure having legally bindingeffect;
Whereas it is necessary to approximate the provisions taken by the
Member States which affect the transit of electricity;
Whereas the establishment of an internal electricity market will stimu-
late the dynamic process of better integration of national electricitygrids, and whereas in this context special infrastructure measures andprogrammes should therfore be implemented to accelerate the efficientand socially advantageous linking-up of outlying areas and islands inthe Community to the interconnected grid;
Whereas the interconnection of major European grids over which trade
must be coordinated extends over a geographical territory which doesnot coincide with the Community’s frontiers; whereas there is anobvious advantage in seeking cooperation with third countries involvedin the interconnected European network,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Member States shall take the measures necessary tofacilitate transit o f
electricity between high-voltage grids in accordance with the conditionslaid down in this Directive.
Article 2
1. Every transaction for the transport of electricity under the
following conditions shall constitute transit of electricity between grids,within the meaning of this Directive, without prejudice to any specialarrangements concluded between the Community and third countries:
(a) transmission is carried out by the entity or entities responsible in
each Member State for a high-voltage electricity grid, with theexception of distribution grids, in a Member State’s territory whichcontributes to the efficient operation of European high-voltageinterconnections;
(b) the grid of origin or final destination is situated in the Community;
(c) the transport involves the crossing of one intra-Community frontier
at least.
2. The high-voltage electricity transmission grids and the entities
responsible for them in the Member States, which are listed in theAnnex, shall be covered by the provisions of this Directive. This listshall be updated after consultation with the Member State concernedwhenever necessary by decision of the Commission, within the contextof the objectives of this Directive and in particular taking into accountparagraph 1 (a).
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Article 3
1. Contracts involving transit of electricity between transmission
grids shall be negotiated between the entities responsible for the gridsconcerned and for the quality of service provided and, where appro-priate, with the entities responsible in the Member States for importingand exporting electricity.
2. The conditions of transit shall, pursuant to the rules of the Treaty,
be non-discriminatory and fair for all the parties concerned, shall notinclude unfair clauses or unjustified restrictions and shall not endangersecurity of supply and quality of service, in particular taking fullaccount of the utilization of reserve production capacity and the mostefficient operation of existing systems.
3. Member States shall take the measures necessary toensure that the
entities under their jurisdiction referred to in the Annex act withoutdelay to:
— notify the Commission and the national authorities concerned of any
request for transit in connection with contracts for the sale ofelectricity of a minimum of one year’s duration,
— open negotiations on the conditions of the electricity transit
requested,
— inform the Commission and the national authorities concerned of the
conclusion of a transit contract,
— inform the Commission and the national authorities concerned of the
reasons for the failure of the negotiations to result in the conclusionof a contract within 12 months following communication of therequest.
4. Each the entities concerned may request that the conditions of
transit be subject to conciliation by a body set up and chaired by theCommission and on which the entities responsible for transmissiongrids in the Community are represented.
Article 4
If the reasons for the absence of agreement on a request for transit
appear unjustified or insufficient, the Commission, acting on acomplaint from the requesting body or on its own initiative, shallimplement the procedures provided for by Community law.
Article 5
Member States shall bring into force the laws, regulations and adminis-
trative provisions necessary to comply with this Directive not later than1 July 1991. They shall forthwith inform the Commission thereof.
Article 6
This Directive is addressed tothe Member States.
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ANNEX
List of entities and grids in the Community covered by the Directive
Member State Entity Grid
▼M1
Germany Badenwerk AG
Bayernwerk AG
Berliner Kraft und Licht (Bewag) AG
Energie-Versorgung Schwaben AG
(EVS)
Hamburgische Electricitäts-Werke AG
(HEW)Regional public supply Grid
PreussenElektra Aktiengesellschaft
RWE Energie AG
Vereinigte Elektrizitätswerke Westfalen
AG (VEW)
VEAG Vereinigte Energiewerke
Aktiengesellschaft
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Belgium CPTE — Société pour la coordination
de la production et du transport del’électricitéCoordinating body for public supplygrid
Denmark ELSAM Public supply grid (Jutland)
ELKRAFT Public supply grid (Seeland)
Spain Red Eléctrica de España S.A. Public supply grid
France Électricité de France Public supply grid
Greece ∆ηµόσια Επιχείρηση Ηλεκτρισµού
(∆ΕΗ)Public supply grid
Ireland Electricity Supply Board Public supply grid
Italy ENEL Public supply grid
Luxembourg CEGEDEL Public supply grid
Netherlands SEP Public supply grid
Portugal EDP Public supply grid
United
KingdomNational Grid Company
Scottish Power
Scottish Hydro-ElectricHigh voltage transmission grids
Northern Ireland Electricity