2003/796/EC: Commission Decision of 11 November 2003 on establishing the European Regulators Group for Electricity and Gas (Text with EEA relevance)
Date: 2003-11-11
Institutions: European Commission
Subjects: EU office or agency, electrical energy, gas, single market

L 296/34

EN

Official Journal of the European Union

14.11.2003

COMMISSION DECISION

of 11 November 2003

on establishing the European Regulators Group for Electricity and Gas

(Text with EEA relevance)

(2003/796/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Whereas:

Directive 2003/54/EC of the European Parliament and of
the Council of 26 June 2003 concerning common rules
for the internal market in electricity and repealing Direc-
tive 96/92/EC (1), Directive 2003/55/EC of the European
Parliament and of
the Council of 26 June 2003
concerning common rules for the internal market in
natural gas and repealing Directive 98/30/EC (2) and
Regulation (EC) No 1228/2003 of the European Parlia-
ment and of the Council of 26 June 2003 on conditions
for access to the network for cross-border exchanges in
electricity (3) establish a new regulatory framework for
the internal markets for electricity and gas.

Directives 2003/54/EC and 2003/55/EC require Member
States to designate one or more competent bodies with
the function of regulatory authorities, to carry out the
regulatory tasks specified in those directives. These regu-
latory authorities have to be wholly independent from
the interests of the electricity and gas industry.

are

The detailed responsibilities and tasks of the national
likely to differ between
regulatory authorities
Member States, but all Member State will have to desig-
nate at least one regulatory agency to apply the rules of
the new regulatory framework once they have been
transposed into national
those
in particular
concerning day-to-day supervision of the market.

law,

Directives 2003/54/EC and 2003/55/EC establish objec-
tives to be achieved and provide a framework for action
at the national level, but give flexibility in certain areas
to apply the rules in the light of national conditions.
Consistent application of
in all
Member States is essential for the successful develop-
ment of a single European energy market.

the relevant

rules

(1)

(2)

(3)

(4)

(5)

sion platforms involving all players from government,
regulators and industry, it is now necessary to give regu-
latory cooperation and coordination a more formal
the
status,
internal energy market and in view of the forthcoming
accession of new Member States.

to facilitate the completion of

in order

(6)

(7)

(8)

(9)

In those circumstances, a ‘European Regulatory Group
for Electricity and Gas’ should be established to facilitate
consultation, coordination and cooperation between the
regulatory bodies in Member States, and between these
bodies and the Commission, with a view to consoli-
dating the internal market and ensuring the consistent
application in all Member States of Directives 2003/54/
EC and 2003/55/EC and Regulation (EC) No 1228/2003.

The members of the European Regulatory Group for
Electricity and Gas should comprise the heads of the
national authorities competent in the field of electricity
and gas regulation in the Member States. The Commis-
sion should be represented at a high level.

The European Regulatory Group for Electricity and Gas
should maintain close cooperation with the Committees
established under Article 30 of Directive 2003/55/EC
and Article 13 of Regulation (EC) No 1228/2003. Its
those
work should not
Committees.

interfere with the work of

It is appropriate to repeal Commission Decisions 95/
539/EC (4) and 92/167/EEC (5) since these Decisions set
up Committees in the context of Directives 91/296/
EEC (6) and 90/547/EEC (7) on transit of natural gas and
electricity, respectively, which were repealed by Direc-
tives 2003/54/EC and 2003/55/EC,

HAS DECIDED AS FOLLOWS:

Article 1

Subject matter and activities

As regards common approaches to issues relevant for
cross-border transactions the European Electricity Regu-
latory Forum and the European Gas Regulatory Forum
have made important contributions. Whilst
the two
Forums will remain important as comprehensive discus-

1.
An independent advisory group on electricity and gas,
called the ‘European Regulators Group for Electricity and Gas’
(hereinafter referred to as the ‘Group’), is hereby established by
the Commission.

(1) OJ L 176, 15.7.2003, p. 37.
(2) OJ L 176, 15.7.2003, p. 57.
(3) OJ L 176, 15.7.2003, p. 1.

(4) OJ L 304, 16.12.1995, p. 57.
(5) OJ L 74, 20.3.1992, p. 43.
(6) OJ L 147, 12.6.1991, p. 37.
(7) OJ L 313, 13.11.1990, p. 30.

14.11.2003

EN

Official Journal of the European Union

L 296/35

The Group, at its own initiative or at the request of the
2.
Commission, shall advise and assist the Commission in consoli-
dating the internal energy market, in particular with respect to
the preparation of draft implementing measures in the field of
electricity and gas, and on any matters related to the internal
market for gas and electricity. The Group shall facilitate consul-
tation, coordination and cooperation of national regulatory
authorities, contributing to a consistent application,
in all
Member States, of the provisions set out in Directive 2003/54/
EC, Directive 2003/55/EC and Regulation (EC) No 1228/2003,
as well as of possible future Community legislation in the field
of electricity and gas.

The Commission shall provide the secretariat of

6.
Group.

the

7.
Travel and subsistence expenses incurred by members,
observers and experts, in connection with the activities of the
Group, shall be reimbursed by the Commission in accordance
with the provisions in force within the Commission.

8.
The Group shall submit an annual report of its activities
to the Commission. The Commission shall transmit the annual
report to the European Parliament and to the Council, where
appropriate with comments.

Article 2

Membership of the Group

The Group shall be composed of the heads of the national

1.
regulatory authorities or their representatives.

For the purpose of

this Decision ‘national regulatory
2.
authority’ means a public authority established in a Member
State pursuant
to Directives 2003/54/EC and 2003/55/EC,
according to which Member States shall designate one or more
competent bodies with the function of regulatory authorities,
to ensure non-discrimination, effective competition and the
efficient functioning of the gas and electricity market and in
particular to oversee the day-to-day application of the provi-
sions of Directives 2003/54/EC and 2003/55/EC and Regula-
tion (EC) No 1228/2003 in that respect.

3.
Until 1 July 2004, if a Member State has not designated
one or more competent bodies with the function of regulatory
authorities,
that Member State shall be represented in the
Group by a representative of another competent public
authority.

4.
The Commission shall be present at the meetings of the
Group and shall designate a high-level representative to partici-
pate in all its debates.

Article 3

Organisation of the Group

The Group shall elect a chairperson from among its

1.
members.

2.
The Group may set up expert working groups to study
specific subjects, on the basis of a mandate and as it deems
appropriate.

Article 4

Consultation

The Group shall consult extensively and at an early stage with
market participants, consumers and end-users in an open and
transparent manner.

Article 5

Confidentiality

Without prejudice to the provisions of Article 287 of the
Treaty, where the Commission informs the Group that the
advice requested or the question raised is of a confidential
nature, members of the Group as well as observers and any
other person shall be under an obligation not to disclose infor-
mation which has come to their knowledge through the work
of the Group or its working groups. The Commission may
decide in such cases that only members of the Group may be
present at meetings.

Article 6

Repeal

Decisions 95/539/EC and 92/167/EEC are repealed.

Article 7

Entry into force

This Decision shall enter into force the day of its publica-

1.
tion in the Official Journal of the European Union.

The Commission may attend all meetings of such expert

3.
working groups.

The Group shall take up its duties on the date of entry

2.
into force of this Decision.

4.
Experts from EEA States and States which are candidates
for accession to the European Union may attend the meeting of
the Group as observers. The Group and the Commission may
invite other experts and observers to attend its meetings.

The Group shall adopt

5.
its Rules of Procedure by
in the absence of consensus, by a two-thirds
consensus or,
majority vote, one vote being expressed per Member State,
subject to the approval of the Commission.

Done at Brussels, 11 November 2003.

For the Commission

Loyola DE PALACIO

Vice-President