Council Regulation (EC) No 1223/2004 of 28 June 2004 amending Regulation (EC) No 1228/2003 of the European Parliament and of the Council as regards the date of application of certain provisions to Slovenia
Date: 2004-06-28
Institutions: Council of the European Union
Subjects: Slovenia, derogation from EU law, electrical energy, energy grid, energy transport, market access

2.7.2004

EN

Official Journal of the European Union

L 233/3

COUNCIL REGULATION (EC) No 1223/2004

of 28 June 2004

amending Regulation (EC) No 1228/2003 of the European Parliament and of the Council as regards
the date of application of certain provisions to Slovenia

THE COUNCIL OF THE EUROPEAN UNION,

(3)

The Guidelines on the management and allocation of
available transfer capacity of interconnections between
national systems, set out in the Annex to Regulation
(EC) No 1228/2003, contain rules which are directly
linked to the general principle contained in Article 6(1)
of that Regulation.

Having regard to the Treaty concerning the accession of the
Czech Republic,
the Republic of
the Republic of Estonia,
Cyprus, the Republic of Latvia, the Republic of Lithuania, the
Republic of Hungary, the Republic of Malta, the Republic of
Poland, the Republic of Slovenia and the Slovak Republic to the
European Union and in particular Article 2(3) thereof,

Having regard to the Act concerning the conditions of accession
of the Czech Republic, the Republic of Estonia, the Republic of
Cyprus, the Republic of Latvia, the Republic of Lithuania, the
Republic of Hungary, the Republic of Malta, the Republic of
Poland, the Republic of Slovenia and the Slovak Republic and
the adjustments to the Treaties on which the European Union is
founded, and in particular Article 57 thereof,

Having regard to the request of Slovenia,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

the European
Regulation (EC) No 1228/2003 of
Parliament and of
the Council of 26 June 2003 on
conditions for access to the network for cross-border
exchanges in electricity (1) aims at setting fair rules for
cross-border exchanges in electricity. That Regulation
shall apply from 1 July 2004.

In accordance with Article 6(1) of Regulation (EC) No
1228/2003, network congestion problems are to be
addressed by means of non-discriminatory market-based
solutions which give efficient economic signals to the
market participants and transmission system operators
involved.

(4)

Slovenia has requested a transitional period for the appli-
cation of Article 6(1) of that Regulation and the related
provisions in those Guidelines, until 1 July 2007.

(5)

(6)

(7)

Slovenia has demonstrated that without a transitional
industries
period certain Slovenian energy-intensive
would be adversely affected by higher prices for elec-
tricity imported from Austria and certain electricity
producers by lower incomes from export sales to Italy.
That situation would impede the ongoing efforts of the
concerned to restructure and respectively
industries
comply with Community acquis applicable to electricity
production.

The reasons provided by Slovenia justify a derogation.
Furthermore, due to the small
interconnection capacity
of the two interconnections concerned and given that
that situation is unlikely to change before 1 July 2007,
the practical
impact on the internal market of such a
derogation will be very small.

is strictly
The derogation should be limited to what
It should,
necessary in view of the Slovenian request.
therefore, only cover the part of
the interconnection
capacity allocated by the Slovenian transmission system
operator and apply only insofar as such capacity does
not exceed half of the total capacity available.

(1) OJ L 176, 15.7.2003, p. 1.

(8)

Regulation (EC) No 1228/2003 should therefore be
amended accordingly,

L 233/4

EN

Official Journal of the European Union

2.7.2004

HAS ADOPTED THIS REGULATION:

Article 1

only to the interconnection capacity which is allocated by
the Slovenian transmission system operator and only insofar
as such capacity does not exceed half of the total available
interconnection capacity.’

In Article 15 of Regulation (EC) No 1228/2003, the following
subparagraph shall be added:

Article 2

‘As regards interconnections between Slovenia and neigh-
bouring Member States, Article 6(1), as well as rules 1 to
4 contained in the chapter entitled “General” of the Annex,
shall apply from 1 July 2007. This paragraph shall apply

This Regulation shall enter into force on the day of its publi-
cation in the Official Journal of the European Union.

It shall apply from 1 July 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 28 June 2004.

For the Council
The President

M. CULLEN