1990L0547 — EN — 13.10.1998 — 004.001 — 1
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►B COUNCILDIRECTIVE
of29October1990
onthetransitofelectricity throughtransmissiongrids
(90/547/EEC)
(OJ L 313, 13.11.1990, p. 30)
Amended by:
Official Journal
No page date
►M1Commission Decision 94/559/EC of 26 July 1994 L 214 14 19.8.1994
►M2Commission Decision 95/162/EC of 20 April 1995 L 107 53 12.5.1995
►M3Commission Directive 98/75/EC of 1 October 1998 L 276 9 13.10.1998
Amended by:
►A1Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
▼B
COUNCILDIRECTIVE
of29October 1990
onthetransitofelectricity throughtransmissiongrids
(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 progres-
sively establishing the internal market over a period expiring on 31December 1992; whereasthe European Council hasrecognized, at itssuccessive meetings, in particular in Rhodes, the need for a single
internal market in energy and whereasthe achievement of the internal
market more specifically in the electricity sector will help the furtherdevelopment of the Community'senergy objectives ;
Whereasthere mus t be greater integration of the European energy
market if the single internal market is to be achieved; whereas electri-
city is an essential component of the Community's energy balance;
Whereasthe achievement of the internal market for energy, more parti-
cularly 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 the
Community regions, with a view to improving and harmonizing the
living 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 with
the sole aim of reducing costs and maintaining competition, but must
also take account of the need to ensure the security of supplies andthe compatibility of energy production methodswith the environment;
Whereasto attain that objective, account s hould be taken of the
specific characteristics of the electricity sector;
Whereasthere isincreas ing trade in electricity each year between high-
voltage electricity gridsin Europe; whereasthe European Community'ssecurity of electricity supply would be improved and costs reduced bycoordinating the building and operation of the interconnectionsrequiredfor such trade;
Whereasthe exchange of electricity between electricity gridswhich is
based on contracts with a minimum duration of one year is so greatthat requests for transactions and their consequences should be system-atically 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;
Whereas there are still obstacles to such trade; whereas, provided that
they are not due to the nature of technology used or the nature of the1990L0547 — EN — 13.10.1998 — 004.001 — 2
(1) OJ No C 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 No C 75, 26. 3. 1990, p. 23.
▼B
grids themselves, such obstacles can be reduced by making the transit
of electricity through gridscompuls ory 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 isin the Community interes t, i.e.transit through high-voltage grids;
Whereasthe contract conditionsconcerning the trans it 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, conditionscontrary to Community compe-
tition rules;
Whereas, in order to facilitate the conclusion of transit contracts, the
Commission is providing for the creation of a conciliation procedure
under which submission must be made at the request of one of the
parties, without the result of that procedure having legally bindingeffect;
Whereas it is necessary to approximate the provisions taken by the
Member Stateswhich affect the trans it of electricity;
Whereas the establishment of an internal electricity market will stimu-
late the dynamic process of better integration of national electricity
grids, and whereas in this context special infrastructure measures and
programmess hould therfore be implemented to accelerate the efficientand socially advantageous linking-up of outlying areas and islands inthe Community to the interconnected grid;
Whereasthe interconnection of major European gridsover which trade
must be coordinated extends over a geographical territory which doesnot coincide with the Community'sfrontiers ; whereasthere isanobviousadvantage in s eeking cooperation with third countriesinvolvedin the interconnected European network,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Member States shall take the measures necessary to facilitate transit of
electricity between high-voltage gridsin accordance with the condi-tionslaid down in thisDirective.
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 thisDirective, without prejudice to any s pecial
arrangementsconcluded 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 which
contributesto the efficient operation of European high-voltage
interconnections;
(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 the
Annex, 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 objectivesof thisDirective and in particular taking into accountparagraph 1 (a).1990L0547 — EN — 13.10.1998 — 004.001 — 3
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Article 3
1. Contracts involving transit of electricity between transmission
grids shall be negotiated between the entities responsible for the grids
concerned and for the quality of service provided and, where appro-
priate, with the entities responsible in the Member States forimporting and 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 full
account of the utilization of reserve production capacity and the most
efficient operation of existing systems.
3. Member States shall take the measures necessary to ensure that
the entitiesunder their juris diction 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'sduration,
— open negotiationson the conditionsof the electricity trans it
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 conclu-sion of a contract within 12 months following communication ofthe request.
4. Each the entitiesconcerned may reques t that the conditionsof
transit be subject to conciliation by a body set up and chaired by the
Commission and on which the entities responsible for transmission
gridsin the Community are repres ented.
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 proceduresprovided for by Community law.
Article 5
Member States shall bring into force the laws, regulations and admin-
istrative provisions necessary to comply with this Directive not laterthan 1 July 1991. They shall forthwith inform the Commission thereof.
Article 6
This Directive is addressed to the Member States.1990L0547 — EN — 13.10.1998 — 004.001 — 4
▼M3
ANNEX
Listofentitiesandgridscovered bythisDirective
Country Entity/Grid
Belgium CPTE — Société pour la coordination de la produc-
tion et du transport d'énergie électrique
Denmark Eltra
Elkraft
Germany Bayernwerk AG
Berliner Kraft- und Licht (Bewag)-AG
EnBW Transportnetze AG
Hamburgische Electricitäts-Werke AG (HEW)
PreussenElektra Aktiengesellschaft
RWE Energie AG
Vereinigte Elektrizitätswerke Westfalen AG (VEW)
VEAG Vereinigte Energiewerke AG
Greece Public Power Corporation (PPC)
Spain Red Eléctrica de España, SA
France Électricité de France
Ireland Electricity Supply Board
Italy Edison
Edison Termoelettrica Enel
Luxembourg Cegedel
Sotel
The NetherlandsSEP
Austria Österreichische Elektrizitätswirtschaft AG
Tiroler Wasserkraftwerke AG
Vorarlberger Kraftwerke AG
Vorarlberger Illwerke AG
Portugal Rede Eléctrica Nacional SA (REN)
Finland Suomen Kantaverkko Oyj (Finnish Power Grid
PLC)
Sweden Affärsverket svenska kraftnät
United Kingdom National Grid Company
Scottish Power
Scottish Hydro-Electric
Northern Ireland Electricity1990L0547 — EN — 13.10.1998 — 004.001 — 5