1990L0547 — EN — 24.04.1995 — 003.001 — 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
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
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
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 market inenergy and whereas the achievement of the internal market more
specifically in the electricity sector will help the further development of
the Community's energy objectives;
Whereas there must be greater integration of the European energy
market if the single internal market is to be achieved; whereas electricityis an essential component of the Community's energy balance;
Whereas the achievement of the internal market for energy, more
particularly in the electricity sector, must take into account the objectiveof economic and social cohesion, that is to say, in concrete terms,guarantee an optimum supply of electricity to all the citizens of all theCommunity 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 withthe sole aim of reducing costs and maintaining competition, but must
also take account of the need to ensure the security of supplies and the
compatibility 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 Community'ssecurity of electricity supply would be improved and costs reduced bycoordinating the building and operation of the interconnections requiredfor 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 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 and
quality 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 thegrids themselves, such obstacles can be reduced by making the transit of1990L0547 — EN — 24.04.1995 — 003.001 — 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
electricity through grids compulsory and introducing an appropriate
system 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. transitthrough 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 bring
about, directly or indirectly, conditions contrary to Community
competition 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 binding
effect;
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
stimulate the dynamic process of better integration of national electricity
grids, and whereas in this context special infrastructure measures and
programmes should therfore be implemented to accelerate the efficientand socially advantageous linking-up of outlying areas and islands in theCommunity to the interconnected grid;
Whereas the interconnection of major European grids over which trade
must be coordinated extends over a geographical territory which does
not coincide with the Community's frontiers; whereas there is an obvious
advantage in seeking cooperation with third countries involved in theinterconnected European network,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Member States shall take the measures necessary to facilitate transit of
electricity between high-voltage grids in accordance with the conditions
laid 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 special
arrangements 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 concerned
whenever necessary by decision of the Commission, within the context
of the objectives of this Directive and in particular taking into accountparagraph 1 (a).
Article 3
1. Contracts involving transit of electricity between transmission
grids shall be negotiated between the entities responsible for the grids1990L0547 — EN — 24.04.1995 — 003.001 — 3
▼B
concerned and for the quality of service provided and, where
appropriate, 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 accountof the utilization of reserve production capacity and the most efficientoperation of existing systems.
3. Member States shall take the measures necessary to ensure that the
entities under their jurisdiction referred to in the Annex act without
delay to:
— notify the Commission and the national authorities concerned of any
request for transit in connection with contracts for the sale of
electricity 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 conclusion
of a contract within 12 months following communication of the
request.
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 transmission gridsin 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 a
complaint from the requesting body or on its own initiative, shall
implement the procedures provided for by Community law.
Article 5
Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive notlater than 1 July 1991. They shall forthwith inform the Commissionthereof.
Article 6
This Directive is addressed to the Member States.1990L0547 — EN — 24.04.1995 — 003.001 — 4
▼M2
ANNEX
List of entities and grids covered by this Directive
Country Entity
Belgium CPTE — Société pour la coordination de la
production et du transport de l'énergie électrique
Denmark Elsam
Elkraft
Germany Badenwerk AG
Bayernwerk AG
Berliner Kraft- und Licht (Bewag) AG
Energie-Versorgung Schwaben AG (EVS)
Hamburgische Electricitätswerke AG (HEW)
PreussenElektra Aktiengesellschaft
RWE Energie AG
Vereinigte Elektrizitätswerke Westfalen AG (VEW)
VEAG Vereinigte Energiewerke Aktiengesellschaft
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
The Netherlands SEP
Austria Österreichische Elektrizitätswirtschaft AG
Tiroler Wasserkraftwerke AG
Vorarlberger Kraftwerke AG
Vorarlberger Illwerke AG
Portugal EDP
Finland Imatran Voima Oy / IVO Voimansiirto Oy
Teollisuuden Voimansiirto Oy
Sweden Affärsverket svenska kraftnät
United Kingdom National Grid Company
Scottish Power
Scottish Hydro-Electric
Northern Ireland Electricity1990L0547 — EN — 24.04.1995 — 003.001 — 5