C 125/354
EN
Official Journal of the European Union
5.4.2023
Wednesday 14 September 2022
The Commission shall be empowered to review, by means of delegated acts in accordance with Article 31 of this Directive, the harmonised efficiency reference values laid down in Commission Delegated Regulation (EU) 2015/2402 (68).
11.
Member States shall ensure that any available support for cogeneration is subject to the electricity produced originating from high-efficiency cogeneration and the waste heat being effectively used to achieve primary energy savings.
Public support to cogeneration and district heating generation and networks shall be subject to State aid rules, where applicable.
Article 25 Energy transformation, transmission and distribution
1.
National energy regulatory authorities shall apply the energy efficiency first principle in accordance with Article 3 of this Directive in carrying out the regulatory tasks specified in Directives (EU) 2019/944 and 2009/73/EC regarding their decisions on the operation of the gas and electricity infrastructure, including their decisions on network tariffs, without prejudice to the principles of non-discrimination and cost-effectiveness.
In addition to the energy efficiency first principle, national energy regulatory authorities shall take into account cost efficiency, system efficiency and security of supply and adapt a lifecycle approach safeguarding the Union’s climate targets and sustainability.
2.
Member States shall ensure that gas and electricity transmission and distribution system operators apply the energy efficiency first principle in accordance with Article 3 of this Directive and in accordance with the Union’s climate and sustainability targets in their network planning, network development and investment decisions.
Demand-side flexibility shall be a central part of the assessment of network planning and operation.
While taking security of supply and market integration into account, Member States shall ensure that transmission system operators and distribution system operators ▌invest in future-proof assets to contribute to climate change mitigation.
National regulatory authorities may provide methodologies and guidance on how to assess alternatives in the cost-benefit analysis in close cooperation with the transmission system operators and distribution system operators, which can share key technical expertise, taking into account wider benefits, and verify the implementation of the energy efficiency first principle by the transmission system operators or distribution system operators when approving, verifying or monitoring the projects submitted by the transmission system operators or distribution system operators.
3.
Member States shall ensure that transmission and distribution system operators monitor and quantify the overall volume of network losses relating to the network they operate and take cost-effective measures to increase network efficiency and address infrastructure developments needs and the losses resulting from increased electrification at both demand and production side.
Transmission and distribution system operators shall report those measures ▌to the national energy regulatory authority.
▌Member States shall ensure that transmission and distribution network operators assess energy efficiency improvement measures with regard to their existing gas or electricity transmission or distribution systems and improve energy efficiency in infrastructure design and operation, especially in terms of smart grid deployment.
Member States shall encourage transmission and distribution system operators to develop innovative solutions to improve the efficiency and sustainability, including energy efficiency, of existing and future systems through incentive based regulations.
4.
National energy regulatory authorities shall include a specific section on the progress achieved in energy efficiency improvements regarding the operation of the gas and electricity infrastructure in the annual report drawn up pursuant to Article 59(1)(i) of Directive (EU) 2019/944 and pursuant to Article 41 of Directive 2009/73/EC.
In these reports, national energy regulatory authorities shall provide an assessment of the overall efficiency in the operation of the gas and electricity infrastructure, the measures carried out by transmission and distribution system operators, and, where applicable, provide recommendations for energy efficiency improvements, including cost-efficient alternatives that reduce peak loads and overall electricity use.
5.
For electricity, Member States shall ensure that network regulation and network tariffs fulfil the criteria in Annex XII, taking into account guidelines and codes developed pursuant to Regulation (EU) 2019/943.
(68)
Commission Delegated Regulation (EU) 2015/2402 of 12 October 2015 reviewing harmonised efficiency reference values for separate production of electricity and heat in application of Directive 2012/27/EU of the European Parliament and of the Council and repealing Commission Implementing Decision 2011/877/EU (OJ L 333, 19.12.2015, p. 54).