No C 8/4 Official Journal of the European Communities 13. 1.90 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive on the transit of electricity through transmission grids 
COM(89) 336 final — SYN 207 
(Submitted by the Commission on 20 July 1989) 
(90/C 8/05) 
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, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas it is necessary to adopt the measures required 
to complete the internal market during the period ending 
31 December 1992; whereas successive European 
Councils have recognized the need for a single internal 
market, and, in particular in Rhodes, the need for a 
single energy market; 
Whereas the achievement of the single internal market 
implies that the European energy market must be better 
integrated; whereas electricity is an essential component 
of the Community's energy balance; 
Whereas the completion of the internal market for 
energy and more particularly in the electricity sector will 
take into account the objective of economic and social 
cohesion; 
Whereas the objective of the single electricity market is 
to ensure greater profitability and security of supply by 
freer trade without unacceptable restrictions on compe­
tition; whereas the special nature of the electricity sector 
must be taken into account in the pursuit of this 
objective; 
Whereas there is increasing trade in electricity each year 
between high-voltage electricity grids in Europe; whereas 
the Community's security of electricity supply would be improved and costs would be reduced by coordinating 
the building and operation of the interconnections 
required for such trade; 
Whereas the exchange of electricity between high-
voltage electricity grids which are based on contracts 
with a minimum duration of one year can have impli­
cations as far as the necessary investments are 
concerned; such proposed transactions should therefore 
be systematically 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 greater electricity transfers 
between grids can minimize the cost of investment and 
fuels involved in electricity generation and transmission 
and ensure optimum use of the means of production; 
Whereas increased electricity transfers between grids 
may also encourage cooperation between electricity 
generation and transmission companies to find ways of 
improving production and transmission equipment; 
whereas such improvements will also cut costs; 
Whereas there are still obstacles to greater trade in elec­
tricity between grids; whereas, provided they are not due 
to the nature of technology used or the nature of the 
grids themselves, such obstacles can be reduced by 
making the transit of electricity through grids 
compulsory and introducing an appropriate system of 
monitoring compliance with this obligation; whereas 
compliance with this obligation is a first step towards an 
internal energy market; 
Whereas this obligation and monitoring system must be 
confined, at least at this stage, to the transit of electricity 
involved in trade which is in the Community interest, i.e. 
transit through high-voltage grids; 
13. 1.90 Official Journal of the European Communities No C 8/5 
Whereas the financial, technical and legal conditions of 
such transit must, as a general rule, be worked out 
directly between the networks concerned; 
Whereas the conditions of transit should be equitable 
and should not bring about, directly or indirectly, 
conditions contrary to Community competition rules; 
Whereas it is necessary, in order to realize this first stage 
of the internal energy market in satisfactory competitive 
conditions, to approximate legislative, regulatory or 
administrative provisions introduced by Member States, 
to frame procedurally the formulation of these 
agreements in the most transparent manner; 
Whereas it could prove necessary that the Council 
decide, without prejudice to the Commission's own 
powers, complementary conditions governing the 
modalities of intra-Community transit; 
Whereas the establishment of an internal electricity 
market will stimulate gradual integration of national 
electricity grids, and whereas special infrastructure 
measures would help to speed up the linking-up of 
outlying areas and islands in the Community to the 
interconnected grid; 
Whereas the territory covered by interconnected 
European grids over which trade must be coordinated 
extends beyond the Community's frontiers; whereas 
there must hence be concertation with third countries 
involved in the interconnected European network, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Member States shall take the measures necessary to 
ensure compliance, on their territory, with the obligation 
of 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: 
(a) transmission through a high-voltage electricity grid 
in a Member State's territory (which contributes to 
the efficient operation of European high-voltage 
interconnections); 
(b) transmission from one grid to another within the 
meaning of this Article. 2. Transactions involving transmission as well as 
contributing to the security and quality of electricity 
supply shall be considered to form part of transit. 
Transit shall, as a general rule, be through one or more 
intermediary grids irrespective of whether these grids fall 
within the territorial jurisdiction of the same Member 
State or not. 
3. The high-voltage electricity transmission grids and 
the entities responsible for them, which are listed in the 
Annex, shall be covered by the provisions of this 
Directive. This list shall be revised whenever necessary 
by decision of the Commission. 
Article 3 
1. The conditions for transit of electricity through 
grids shall be freely negotiated and agreed by the bodies 
responsible for the grids concerned and for the quality of 
service provided. 
2. Member States shall take the necessary measures to 
ensure that the entities referred to in the Annex and 
under their jurisdiction shall proceed to examine requests 
for transit under the following conditions: 
— every request for transit corresponding to a sales 
contract of electricity with a duration of one year 
will be communicated, within a maximum of eight 
days, to the Commission and to the national auth­
orities by the requesting entity or entities, 
— the responsible entities shall be obliged, within a 
maximum of one month, to open negotiations on the 
conditions of the electricity transit requested, 
— the transit conditions must be equitable for all the 
parties concerned and should not include unfair 
clauses or unjustified restrictions; in particular, 
payment for transit must take account of the respon­
sibilities of the entity responsible for transit for 
ensuring security of supply and contractual quality of 
service, 
— the Commission and the competent national auth­
orities shall be informed within a maximum of eight 
days of the conclusion of a transit agreement, 
— if, after 12 months following the communication of 
the request, negotiations have not achieved an 
agreement, the Commission and the competent 
national authorities shall be informed without delay 
by the interested parties who shall indicate their 
reasons. 
No C 8/6 Official Journal of the European Communities 13. 1. 90 
Article 4 
If the absence of agreement is not duly motivated, or if 
the motivation appears unjustified or insufficient, the 
Commission, acting on a complaint from the requesting 
body or on its own initiative, shall put in hand the 
procedures provided for by the Treaty or other 
applicable Community legal provisions. 
Article 5 
Before 1 January 1993, without prejudice to the 
Commission's own powers, the Council will decide — as 
far as necessary and in conformity with Article 100a of 
the Treaty — principles and complementary conditions 
governing the modalities of transit. Article 6 
Member States shall bring into force the laws, regu­
lations and administrative provisions necessary to comply 
with this Directive not later than 1 July 1990 and shall 
forthwith inform the Commission thereof. 
The provisions adopted pursuant to the first paragraph 
shall make express reference to this Directive. 
Article 7 
This Directive is addressed to the Member States. 
13. 1.90 Official Journal of the European Communities No C 8/7 
ANNEX 
List of entities and grids in the Community covered by the Directive 
Member State 
BELGIUM 
DENMARK 
FRANCE 
FEDERAL REPUBLIC 
OF GERMANY 
GREECE 
IRELAND 
ITALY 
LUXEMBOURG 
NETHERLANDS 
PORTUGAL 
SPAIN 
UNITED 
KINGDOM Entity 
CPTE — Societe pour la coordi­
nation de la production et du 
transport de l'electricite 
ELSAM 
ELKRAFT 
Electricity de France 
Badenwerk AG 
Bayernwerk AG 
Berliner Kraft und Licht AG 
(Bewag) 
Energie-Versorgung, 
Schwaben AG (EVS) 
Hamburgische Elektrizitats-
Werke (HEW) 
Preussen-Elektra AG 
Rheinisch-Westfalisches 
Elektrizitatswerk AG (RWE) 
Vereinigte Elektrizitatswerke 
Westfalen AG (WEW) 
Public Power Corporation 
Electricity Supply Board 
ENEL 
CEGEDEL 
SEP 
EDP 
Red Electrica de Espana (Redesa) 
Gridco Transco Grid 
Coordinating body for public supply 
grid 
Public supply grid 
(Jutland) 
Public supply grid 
(Seeland) 
Public supply grid 
Regional public supply grids 
Public supply grid 
Public supply grid 
Public supply grid 
Public supply grid 
Public supply grid 
Public supply grid 
Public supply grid 
Public supply grid