CELEX: 51990FC0377
Language: en
Date: 2006-12-11
Title: Proposal for a Council Directive ../…/EC of […] concerning a Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users (Codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        COM(2006)

                                                                  Proposal for a

                                                            COUNCIL DIRECTIVE ../…/EC

                                                                      of […]

            concerning a Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users

                                                                (Codified version)

                                                              EXPLANATORY MEMORANDUM

1.    In the context of a people’s Europe, the Commission attaches great importance to simplifying and clarifying Community law so as to make  it
       clearer and more accessible to the ordinary citizen, thus giving him new opportunities and the chance to make use of the  specific  rights
       it gives him.

       This aim cannot be achieved so long as numerous provisions that have  been  amended  several  times,  often  quite  substantially,  remain
       scattered, so that they must be sought partly in the original instrument and partly in later amending ones.  Considerable  research  work,
       comparing many different instruments, is thus needed to identify the current rules.

       For this reason a codification of rules that have frequently been amended  is  also  essential  if  Community  law  is  to  be  clear  and
       transparent.

2.    On 1 April 1987 the Commission therefore decided[1] to instruct its staff that all legislative acts should be codified after no  more  than
       ten amendments, stressing that this is a minimum requirement and that departments should endeavour to codify at even shorter intervals the
       texts for which they are responsible, to ensure that the Community rules are clear and readily understandable.

3.    The Conclusions of the Presidency of the Edinburgh  European  Council  (December 1992)  confirmed  this[2],  stressing  the  importance  of
       codification as it offers certainty as to the law applicable to a given matter at a given time.

       Codification must be undertaken in full compliance with the normal Community legislative procedure.

       Given that no changes of substance may be made to the instruments affected by codification, the European Parliament, the Council  and  the
       Commission have agreed, by an interinstitutional agreement dated 20 December 1994, that an accelerated procedure may be used for the fast-
       track adoption of codification instruments.

4.    The purpose of this proposal is to undertake a codification of Council  Directive  90/377/EEC  of  29  June  1990  concerning  a  Community
       procedure to improve the transparency of gas and electricity prices charged to industrial end-users[3]. The new Directive  will  supersede
       the various acts incorporated in it[4]; this proposal fully preserves the content of the acts being codified and hence does no  more  than
       bringing them together with only such formal amendments as are required by the codification exercise itself.

5.    The codification proposal was drawn up on the basis of a preliminary consolidation, in all official languages, of Directive 90/377/EEC  and
       the instruments amending it, carried out by the Office for Official Publications  of  the  European  Communities,  by  means  of  a  data-
       processing system. Where the Articles have been given new numbers, the correlation between the old and the new numbers is shown in a table
       contained in Annex IV to the codified Directive.

                                            ê 90/377/EEC (adapted)

                                                                  Proposal for a

                                                            COUNCIL DIRECTIVE ../…/EC

                                                                      of […]

            concerning a Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users

                                                            (Text with EEA relevance)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article Ö 284 Õ thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament[5],

Having regard to the opinion of the European Economic and Social Committee[6],

Whereas:

                                            ê 

   1) Council Directive 90/377/EEC of 29 June 1990 concerning a Community procedure to improve the transparency of  gas  and  electricity  prices
      charged to industrial end-users[7], has been substantially amended several times[8]. In the interests of clarity and rationality  the  said
      Directive should be codified.

                                            ê 90/377/EEC Recital 1

   2) Energy price transparency, to the extent that it reinforces the conditions ensuring that competition is not distorted in the common market,
      is essential to the achievement and smooth functioning of the internal energy market.

                                            ê 90/377/EEC Recital 2

   3) Transparency can help to obviate discrimination against users by increasing their freedom to choose between different  energy  sources  and
      different suppliers.

                                            ê 90/377/EEC Recital 3

   4) At present, the degree of transparency varies from one energy source and one Community country or region  to  another,  thus  calling  into
      question the achievement of an internal energy market.

                                            ê 90/377/EEC Recital 4

   5) However, the price paid by industry in the Community for the energy which it uses is one of the factors which influence its competitiveness
      and should therefore remain confidential.

                                            ê 90/377/EEC Recital 5 (adapted)

   6) The system of standard consumers used by the Statistical Office of the European Communities (SOEC) in its price publications and the system
      of market prices due to be introduced for major  industrial  electricity  users  Ö ensures Õ  that  transparency  is  not  an  obstacle  to
      confidentiality.

                                            ê 90/377/EEC Recital 6

   7) It is necessary to extend the consumer categories used by the SOEC up to the limits at which the consumers remain representative.

                                            ê 90/377/EEC Recital 7

   8) In this way end-users price transparency would be achieved without endangering the necessary confidentiality  of  contracts.  In  order  to
      respect confidentiality there must be at least three consumers in a given consumption category for a price to be published.

                                            ê 90/377/EEC Recital 8

   9) This information which concerns gas and electricity consumed by industry for energy end-users, will also enable  comparisons  to  be  drawn
      with other energy sources (oil, coal, fossil and renewable energy sources) and other consumers.

                                            ê 90/377/EEC Recital 9

  10) Undertakings which supply gas and electricity as well as industrial gas and electricity consumers remain, independently of the  application
      of this Directive, subject to the Treaty's competition rules and consequently the  Commission  can  require  communication  of  prices  and
      conditions of sale.

                                            ê 90/377/EEC Recital 10

  11) Knowledge of the price systems in force forms part of price transparency.

                                            ê 90/377/EEC Recital 11

  12) Knowledge of the breakdown of consumers by category and their respective market shares also forms part of price transparency.

                                            ê 90/377/EEC Recital 12 (adapted)

  13) The communication to the SOEC of prices and conditions of sale to consumers and price systems in operation as  well  as  the  breakdown  of
      consumers by consumption category Ö ensuring the representativeness of these categories at national level, Õ should inform  the  Commission
      sufficiently for it to decide, as necessary, on appropriate action or proposals in the light  of  the  situation  of  the  internal  energy
      market.

                                            ê 90/377/EEC Recital 13

  14) The data supplied to the SOEC will be more reliable if the undertakings themselves compile these data.

                                            ê 90/377/EEC Recital 14

  15) Familiarity with the taxation and parafiscal charges existing in each Member State is important to ensure price transparency.

                                            ê 90/377/EEC Recital 15

  16) It must be possible to check the reliability of the data supplied to the SOEC.

                                            ê 90/377/EEC Recital 16

  17) The achievement of transparency presupposes the publication and circulation of prices  and  price  systems  as  widely  as  possible  among
      consumers.

                                            ê 90/377/EEC Recital 17

  18) To implement energy price transparency the system should be based on the proven expertise and methods developed and  applied  by  the  SOEC
      regarding the processing, checking and publication of data.

                                            ê 90/377/EEC Recital 18

  19) With the prospect of the achievement of the internal market in energy, the system of price transparency should be rendered  operational  as
      soon as possible.

                                            ê 90/377/EEC Recital 19

  20) The uniform implementation of this Directive can only take place in all the Member States when the natural gas market, in  particular  with
      regard to infrastructure, has reached a sufficient level of development.

                                            ê 

  21) This Directive should be without prejudice to the obligations of the Member States relating  to  the  time-limits  for  transposition  into
      national law of the Acts set out in Annex III, Part C,

                                            ê 90/377/EEC

HAS ADOPTED THIS DIRECTIVE:

                                                                    Article 1

Member States shall take the steps necessary to ensure that undertakings which supply gas or electricity to industrial end-users, as  defined  in
Annexes I and II, communicate to the SOEC in the form provided for in Article 3:

1)    the prices and terms of sale of gas and electricity to industrial end-users;

2)    the price systems in use;

                                            ê 90/377/EEC (adapted)

3)    the breakdown of consumers and the  corresponding  volumes  by  category  of  consumption  Ö ensuring Õ  the  representativeness  of  these
       categories at national level.

                                            ê 90/377/EEC

                                                                    Article 2

1. The undertakings referred to in Article 1 shall assemble the data provided for in Article 1(1) and (2), on 1 January and 1 July of each  year.
These data, drawn up in conformity with the provisions referred to in Article 3, shall be sent to the SOEC and the competent authorities  of  the
Member States within two months.

2. On the basis of the data referred to in paragraph 1, the SOEC shall publish each May and each November, in an appropriate form, the prices  of
gas and electricity for industrial users in the Member States and the pricing systems used to that end.

                                            ê 90/377/EEC (adapted)

3. The information provided for in Article 1(3) shall be sent every two years to the SOEC and to the Member States'  competent  authorities.  The
first communication shall concern the situation as at 1 January Ö 2005 Õ. This information shall not be published.

                                            ê 90/377/EEC

                                                                    Article 3

The implementing provisions concerning the form, content and all other features of the information provided for in  Article  1  are  set  out  in
Annexes I and II.

                                                                    Article 4

The SOEC shall not disclose data supplied to it pursuant to Article 1 which might, by their nature, be  subject  to  commercial  confidentiality.
Such confidential statistical data transmitted to the SOEC shall be accessible  only  to  officials  of  the  SOEC  and  may  be  used  only  for
statistical purposes.

This provision shall not, however, prevent the publication of such data in an  aggregated  form  which  does  not  enable  individual  commercial
transactions to be identified.

                                                                    Article 5

Where the SOEC notes statistically significant anomalies or inconsistencies in data transmitted under this Directive, it  may  ask  the  national
bodies to allow it to inspect the appropriate disaggregated data as well as the methods of calculation or evaluation upon  which  the  aggregated
data are based, in order to assess, or even amend, any information deemed irregular.

                                                                    Article 6

                                            ê 90/377/EEC (adapted)

Where appropriate, the Commission shall make the necessary changes  to  the  Annexes  to  this  Directive  in  the  light  of  specific  problems
identified. Such changes Ö shall Õ , however, cover only the technical features of the Annexes and Ö shall Õ not be of a nature such as to  alter
the general structure of the system.

                                            ê 1882/2003 Art. 1 and Annex I, pt. 3

                                                                    Article 7

1. For the adoption of the amendments referred to in Article 6, the Commission shall be assisted by a committee.

2. Where reference is made to this Article, Articles 3 and 7 of Council Decision 1999/468/EC[9] shall apply, having regard to the  provisions  of
Article 8 thereof.

3. The Committee shall adopt its rules of procedure.

                                            ê 90/377/EEC

                                                                    Article 8

Once a year the Commission shall present a summary report on the operation of this Directive to the European  Parliament,  the  Council  and  the
European Economic and Social Committee.

                                            ê 90/377/EEC (adapted)

                                                                    Article 9

In the case of natural gas, the Directive will not be implemented in a Member State until five years after  the  introduction  of  that  form  of
energy on the market in question. The date of introduction of that energy source on a national  market  is  to  be  explicitly  reported  to  the
Commission by the Member State concerned without delay.

                                            ê 

                                                                    Article 10

Directive 90/377/EEC, as amended by the Acts listed in Annex III, Part A and B, is repealed without prejudice to the obligations  of  the  Member
States relating to the time-limits for transposition into national law of the Acts set out in Annex III, Part C.

References to the repealed Directive shall be construed as references to this Directive and shall be read  in  accordance  with  the  correlation
table set out in Annex IV.

                                                                    Article 11

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

                                            ê 90/377/EEC

                                                                    Article 12

This Directive is addressed to the Member States.

Done at Brussels, […]

      For the Council
      The President
      […]

                                            ê 90/377/EEC

                                                                     ANNEX I

                                                            SPECIFIC PROVISIONS ON GAS

1.    Two types of gas are concerned:

       (a)  natural gas;

       (b)  manufactured gas[10].

2.    Where both types of gas are distributed in the same urban area or region, data on both must be reported except where  consumption  is  less
       than 10 % of the total consumption of natural gas and manufactured gas in the places or regions referred to in point 11 below.

3.    Only piped distribution is considered.

4.    Prices to be reported are prices paid by the end-consumer.

5.    Uses considered are all industrial uses.

6.    Excluded from the system are consumers who use gas:

       (a)  for electricity generation in public power plants;

       (b)  in non-energy uses (e. g. in the chemical industry);

       (c)  above 4 186 000 GJ/year (= 1 163 GWh/year).

7.    Prices recorded are to be based on a system of standard consumers defined basically by the level and modulation  (or  load  factor)[11]  of
       gas consumption.

8.    Other characteristics which could play a part in price setting (e. g. interruptibility) will be determined in each  case,  always  adopting
       the solution which is most frequent in practice.

9.    Prices must include meter rental, the standing charge and the commodity rate. They should not include the initial  installation  charge  to
       the consumer.

10.   The following industrial standard consumers, coded I1 to I5, have been chosen:

|Annual consumption                                          |Modulation                                                 |
|I1 418,60 GJ or 116 300 KWh                                 |No load factor laid down*                                  |
|I2 4 186 GJ or 1 163 000 KWh                                |200 days                                                   |
|I3 – 1 41 860 GJ or 11,63 GWh                               |200 days 1 600 hours                                       |
|I3 – 2 41 860 GJ or 11,63 GWh                               |250 days 4 000 hours                                       |
|I4 – 1 418 600 GJ or 116,3 GWh                              |250 days 4 000 hours                                       |
|I4 – 2 418 600 GJ or 116,3 GWh                              |330 days 8 000 hours                                       |
|I5 – 4 4 186 000 GJ or 1 163 GWh                            |330 days 8 000 hours                                       |
|(*) If necessary 115-200 days.                                                                                          |

11.   Prices are to be recorded in the following places or regions:

|Belgium:                                 |Brussels,                                                                       |

                                            ê 2003 Act of Accession Art. 20 and Annex II, pt. 12(A)(3)(a), p. 587

| Czech Republic:                         |Prague,                                                                            |

                                            ê 90/377/EEC
                                            è1 93/87/EEC Art. 1(a)

|Denmark:                                 |Copenhagen,                                                                        |
| Germany:                                |Hamburg, Hanover, Weser-Ems, Dortmund, Düsseldorf, Frankfurt am Main, Stuttgart,   |
|                                         |Munich,è1 Dresden and Berlin, ç                                                    |

                                            ê 2003 Act of Accession Art. 20 and Annex II, pt. 12(A)(3)(a), p. 587

|Estonia:                                 |Tallinn,                                                                           |

                                            ê 90/377/EEC

|Spain:                                   |Madrid, Barcelona, Valencia, the North and East,                                   |
|France:                                  |Lille, Paris, Strasbourg, Marseilles, Lyons, Toulouse,                             |
|Ireland:                                 |Dublin,                                                                            |
|Italy:                                   |Milan, Turin, Genoa, Rome, Naples,                                                 |

                                            ê 2003 Act of Accession Art. 20 and Annex II, pt. 12(A)(3)(a), p. 587

|Cyprus:                                  |Nicosia,                                                                           |
|Latvia:                                  |Riga,                                                                              |
|Lithuania:                               |Vilnius,                                                                           |

                                            ê 90/377/EEC

|Luxembourg:                              |City of Luxembourg,                                                                |

                                            ê 2003 Act of Accession Art. 20 and Annex II, pt. 12(A)(3)(a), p. 587

|Hungary:                                 |Budapest,                                                                          |
|Malta:                                   |Valletta,                                                                          |

                                            ê 90/377/EEC

|Netherlands:                             |Rotterdam,                                                                         |

                                            ê 1994 Act of Accession Art. 29 and Annex I, p. 238

|Austria:                                 |Vienna,                                                                            |

                                            ê 2003 Act of Accession Art. 20 and Annex II, pt. 12(A)(3)(a), p. 587

|Poland:                                  |Warsaw,                                                                            |

                                            ê 90/377/EEC

|Portugal:                                |Lisbon,                                                                            |

                                            ê 2003 Act of Accession Art. 20 and Annex II, pt. 12(A)(3)(a), p. 587

|Slovenia:                                |Ljubljana,                                                                         |
|Slovakia:                                |Bratislava,                                                                        |

                                            ê 1994 Act of Accession Art. 29 and Annex I, p. 238

|Finland:                                 |the country as a whole,                                                            |
|Sweden:                                  |the country as a whole,                                                            |

                                            ê 90/377/EEC

|United Kingdom:                          |London, Leeds, Birmingham.                                                         |

12.   Prices recorded are to be based on the tariffs, contracts, conditions and rules  in  force  at  the  beginning  of  each  six-month  period
       (January and July), including any rebates.

13.   If there are several possible tariffs, it is the tariff which is most advantageous to the  consumer  that  is  taken  into  account,  after
       eliminating tariffs which are not used in practice or which apply only to a negligible number of users.

14.   When there are only quasi-tariffs, special contracts or freely negotiated prices, the most commonly found  price  (most  representative  of
       the given supply conditions) must be recorded.

15.   Prices must be expressed in national currency by physical unit of gas[12]. The unit of energy used is measured on the basis  of  the  gross
       calorific value (GCV), as is the practice in the gas industry.

16.   Two price levels are to be shown[13]:

         – with all taxes excluded,

         – with all taxes included (except recoverable VAT).

17.   The rates and method of calculating taxes, which should include any tax whether national, regional or local, levied on  gas  sales  to  the
       consumer, should also be reported.

18.   An explanation as detailed as is necessary to reflect the price system accurately must be annexed.  Special  heed  must  be  given  to  any
       changes introduced since the previous survey.

19.   In Member States where one gas company covers all the industrial sales for that country, the information should  be  communicated  by  that
       company. In other Member States where one or more regions are served by more than one gas company, the information should be  communicated
       by an independent statistical body.

20.   In the interests of confidentiality, data relating to prices will be communicated only where there are,  in  the  Member  State  of  region
       concerned, at least three consumers in each of the categories referred to in paragraph 10.

                                                                  _____________

                                                                     ANNEX II

                                                        SPECIFIC PROVISIONS ON ELECTRICITY

Data on electricity communicated pursuant to this Directive must contain the following information:

I.    The «typical reference consumer» survey (for consumers with up to 10 MW maximum demand (net)).

       1.   The existing survey of electricity prices for typical reference consumers in the Community carried out  by  the  Commission  will  be
           extended to include two categories of reference industrial consumer with a maximum demand (net) of 10 MW, and will be incorporated in
           this Directive.

       2.   Electricity prices in Member States with a single national tariff will be surveyed in one  location  only;  for  Member  States  with
           tariffs which vary across the country, prices will be surveyed in a representative sample of locations, as follows:

|Belgium:                                       |the country as a whole,                                             |

                                            ê 2003 Act of Accession Art. 20 and Annex II, pt. 12(A)(3)(b), p. 587

| Czech Republic                                |the country as a whole,                                             |

                                            ê 90/377/EEC
                                            è1 93/87/EEC Art. 1(b)

|Denmark:                                       |the country as a whole,                                             |
|Germany:                                       |Hamburg, Hanover, Düsseldorf, Frankfurt am Main, Stuttgart, Munich, |
|                                               |Western Zone, Southern Zone,è1 Erfurt, Leipzig and Rostock, ç       |

                                            ê 2003 Act of Accession Art. 20 and Annex II, pt. 12(A)(3)(b), p. 587

|Estonia:                                       |the country as a whole,                                             |

                                            ê 90/377/EEC

|Greece:                                        |Athens,                                                             |
|Spain:                                         |Madrid,                                                             |
|France:                                        |Lille, Paris, Marseilles, Lyons, Toulouse, Strasbourg,              |
|Ireland:                                       |Dublin,                                                             |
|Italy:                                         |Northern and Central Italy, Southern Italy and the islands,         |

                                            ê 2003 Act of Accession Art. 20 and Annex II, pt. 12(A)(3)(b), p. 587

|Cyprus:                                        |Nicosia,                                                            |
|Latvia:                                        |the country as a whole,                                             |
|Lithuania:                                     |Eastern area, western area,                                         |

                                            ê 90/377/EEC

|Luxembourg:                                    |the country as a whole,                                             |

                                            ê 2003 Act of Accession Art. 20 and Annex II, pt. 12(A)(3)(b), p. 587

|Hungary:                                       |the country as a whole,                                             |
|Malta:                                         |the country as a whole,                                             |

                                            ê 90/377/EEC

|Netherlands:                                   |Rotterdam (GEB), North Holland (PEN), North Brabant (PNEM),         |

                                            ê 1994 Act of Accession Art. 29 and Annex I, p. 238

|Austria:                                       |Upper Austria, Tyrol, Vienna,                                       |

                                            ê 2003 Act of Accession Art. 20 and Annex II, pt. 12(A)(3)(b), p. 587

|Poland:                                        |the country as a whole,                                             |

                                            ê 90/377/EEC

|Portugal:                                      |Lisbon, Ponta Delgada (autonomous region of the Azores),            |

                                            ê 2003 Act of Accession Art. 20 and Annex II, pt. 12(A)(3)(b), p. 587

|Slovenia:                                      |the country as a whole,                                             |
|Slovakia:                                      |the country as a whole,                                             |

                                            ê 1994 Act of Accession Art. 29 and Annex I, p. 238

|Finland:                                       |the country as a whole,                                             |
|Sweden:                                        |the country as a whole,                                             |

                                            ê 90/377/EEC
                                            è1 93/87/EEC Art. 1(d)

|United Kingdom:                                |London, Glasgow, Leeds, Birmingham.                                 |

       3.   Electricity prices will be surveyed for the following nine categories of typical reference industrial consumer:

|Reference consumer   |Annual consumption          |Maximum demand               |Annual utilization in hours      |
|                     |kWh                         |kW                           |                                 |
|Ia                   |30 000                      |30                           |1 000                            |
|Ib                   |50 000                      |50                           |1 000                            |
|Ic                   |160 000                     |100                          |1 600                            |
|Id                   |1 250 000                   |500                          |2 500                            |
|Ie                   |2 000 000                   |500                          |4 000                            |
|If                   |10 000 000                  |2 500                        |4 000                            |
|Ig                   |24 000 000                  |4 000                        |6 000                            |
|Ih                   |50 000 000                  |10 000                       |5 000                            |
|Ii                   |70 000 000                  |10 000                       |7 000                            |

            The maximum demand (net) is the maximum offtake in any quarter of an hour recorded in one year, expressed in kW. The price of  supply
           is calculated for cos φ = 0,90. In the case of tariffs based on half-hourly demand, the maximum demand of the reference  consumer  is
           multiplied by a coefficient of 0,98. In the case of tariffs based on demand expressed in kVA an adjustment is made  by  dividing  the
           reference consumer's maximum demand (net) in kW by the coefficient cos φ = 0,90.

       4.   In the case of tariffs based on maximum demand readings more frequent than once a year, the capacity  charge  is  multiplied  by  the
           following coefficients:

|TABLE OF POWER CORRECTION COEFFICIENTS                                                                            |
|Utilization    |Monthly       |Two-monthly    |Quarterly maximum demand                                           |
|(hours)        |maximum demand|maximum demand |                                                                   |
|                                                            |hours                                                  |
|Federal Republic of Germany[15]:                            |North/Central,                                         |
|                                                            |West,                                                  |
|                                                            |South,                                                 |

                                            ê 93/87/EEC Art. 1(c)

|                                                            |East;                                                  |

                                            ê 90/377/EEC

|United Kingdom:                                             |England and Wales,                                     |
|                                                            |Scotland,                                              |
|                                                            |Northern Ireland.                                      |

       14.  Marker prices and associated information must be reported for each Member  State  as  described  in  paragraph  13  above  for  three
           categories of large industrial consumer, i.e. those industrial consumers with maximum demands in the region of:

              – 25 MW, covering consumers with maximum demands (net) of between 17,5 and 37,5 MW,

              – 50 MW, covering consumers with maximum demands (net) of between 37,5 and 62,5 MW, and

              – 75 MW, covering consumers with maximum demands (net) of between 62,5 and 75 MW.

            These categories include any industrial consumers which also produce a part  of  their  own  electricity  themselves,  although  only
           information relating to their electricity consumption from public utilities is required to be reported.

       15.  The marker price for a given MW category (e.g. 25 MW) is the average  price  payable  per  kWh  for  a  notional  or  «marker  price»
           industrial consumer with a normal demand of about 25 MW, but before any reductions for «special factors», which  should  be  reported
           separately (see paragraph  16  below).  The  demand  characteristics  of  this  «marker  price»  industrial  consumer  should  be  as
           representative as possible (ignoring «special factors») of all the industrial consumers in the category in question.

            In order to achieve a measure of homogeneity, the Commission will define demand characteristics for «marker price» consumers for each
           category, (i.e. 25 MW, 50 MW and 75 MW), which should be used by utilities where appropriate. If such demand characteristics are  not
           appropriate, a utility may define its own «marker price» consumer demand characteristics, subject to the approval of the  Commission.
           These demand characteristics concern, for example, the load factor, (e.g. «7 000 hours», where 7 000 is the number of hours for which
           demand would have to remain at maximum to obtain the annual consumption), and the distribution of consumption by the different  time-
           of-day charge bands (e.g. peak, off-peak, etc.).

       16.  The marker prices given should be calculated so as to include all fixed  charges  payable  (e.g.  meter,  rental,  fixed  charges  or
           capacity charges etc.), as well as the charges for the kWh consumed. Initial connection charges, however,  should  not  be  included.
           Although information is to be provided twice yearly, annual consumption figures should be used in order to avoid seasonal variations.
           The way in which the marker price is calculated, including the inclusion of any fixed charges, should be explained.

       17.  For each marker price a range of «special factors» which may be applied to reduce the price  of  electricity  (e.g.  interruptibility
           clauses), should be described and the amount of reduction (e.g. 6, 8, 10 %) indicated. These special factors should be representative
           of factors which are applicable to the consumers supplied by the reporting utility in the MW category being surveyed.

       18.  In Member States where there is more than one electricity utility, these utilities shall  each  provide  marker  prices  and  related
           information (on the demand characteristics of the notional consumer (paragraph 15), and  on  special  factors  and  price  reductions
           (paragraph 17)), to an independent statistical body. These bodies shall then pass on the highest and the lowest marker price for  the
           Member State (or for each region if applicable) for each MW category, together with the related information on those  marker  prices,
           to the national administration and to the SOEC. For the other Member States, where one national utility covers the whole country, the
           information must be reported directly and simultaneously to the national administration and to the SOEC.

       19.  In the interests of confidentiality, marker prices and  related  information  will  be  reported  by  the  national  utility  or  the
           independent statistical body as appropriate (see paragraph 18 above) only where there are at least three consumers in the appropriate
           MW category in the Member State or region concerned.

       20.  Marker prices should be expressed as indicated in paragraph 9.

       21.  Supply utilities should also provide data, once every two years, on the number of its consumers  in  each  MW  range  (i.e.  17,5  to
           37,5 MW, 37,5 to 62,5 MW and 62,5 to 75,0 MW), and the total annual consumption of these consumers  for  each  range  (in  GWh).  The
           information required under paragraph 18 should be communicated either via the  independent  statistical  body,  which  shall  collate
           information for the Member State as a whole, or directly and simultaneously to the national  administration  and  to  the  SOEC.  The
           information required under this paragraph will be provided on a confidential basis and will not be published.

                                                                  _____________

                                            é 

                                                                    ANNEX III

                                                                      Part A

                                                Repealed Directive with its successive amendments
                                                           (referred to in Article 10)

|Council Directive 90/377/EEC                                                          |                                               |
|(OJ L 185, 17.7.1990, p. 16)                                                          |                                               |
|Commission Directive 93/87/EEC                                                 |                                               |
|(OJ L 277, 10.11.1993, p. 32)                                                  |                                               |
|Regulation (EC) No 1882/2003 of the European Parliament and of the Council     |Annex I, point 3 only                          |
|(OJ L 284, 31.10.2003, p. 1)                                                   |                                               |

                                                                      Part B

                                                        Non-repealed successive amendments
                                                           (referred to in Article 10)

|1994 Act of Accession                                                                                                                  |
|2003 Act of Accession                                                                                                                  |

                                                                      Part C

                                             List of time-limits for transposition into national law
                                                           (referred to in Article 10)

|Acts                                                               |Time-limit for transposition                                      |
|90/377/EEC                                                         |30 July 1991                                                      |
|93/87/EEC                                                          |-                                                                 |
|(EC) No. 1882/2003                                                 |-                                                                 |

                                                                  _____________

                                                                     ANNEX IV

                                                                Correlation table

|Directive 90/377/EEC                                                |This Directive                                                    |
|Articles 1 - 8                                                      |Articles 1 - 8                                                    |
|Article 9, paragraph 1                                              |-                                                                 |
|Article 9, paragraph 2                                              |Article 9                                                         |
|-                                                                   |Articles 10 and 11                                                |
|Article 10                                                          |Article 12                                                        |
|Annex I - II                                                        |Annex I - II                                                      |
|–                                                                   |Annex III                                                         |
|–                                                                   |Annex IV                                                          |

                                                                  _____________

                                                             -----------------------
[1]   COM(87) 868 PV.
[2]   See Annex 3 to Part A of the Conclusions.
[3]   Carried out pursuant to the Communication from the Commission to the European Parliament and the  Council  -  Codification  of  the  Acquis
      communautaire, COM (2001) 645 final.
[4]   Annex III, Part A and B of this proposal.
[5]   OJ C […], […], p. […].
[6]   OJ C […], […], p. […].
[7]   OJ L 185, 17.7.1990, p. 16. Directive as last amended by 2003 Act of Accession.
[8]   See Annex III, Part A and B.
[9]   OJ L 184, 17.7.1999, p. 23.
[10]  ‘Manufactured gas’ means a derived energy, manufactured from coal, petroleum products or cracked, reformed or blended natural gas.
      The scope of this Directive does not extend to liquefied petroleum gas (butane, propane), coke-oven gas or blast-furnace gas.
[11]  The daily load factor is the number of days which would be required to take the entire annual consumption  at  the  maximum  daily  offtake
      rate:
      [pic]
      The hourly load factor is the number of hours which would be required to take the entire annual consumption at the maximum  hourly  offtake
      rate:
      [pic]
      In the above formulae:
      Qa    = annual volume consumed.
      Qdmax = maximum daily offtake.
      Qhmax = maximum hourly offtake.
[12]  Where the cubic metre is used, its energy content should be defined in GJ, kWh or, up to 1999, in therms.
[13]  The price excluding tax is obtained directly from tariffs or contracts. The price excluding recoverable VAT includes, where payable,  other
      specific taxes.
[14]  The price excluding all taxes is the direct result of the application  of  tariffs  or  contracts.  The  price  excluding  recoverable  VAT
      includes any other specific taxes.
[15]  è1 The Länder will be divided into four zones, namely:
      - North/Central: Schleswig-Holstein, Hamburg, Bremen, Berlin, Lower Saxony, North Hessen,
      - West: North-Rhine-Westphalia, Rineland-Pa-.8;?@Qí     \
      ]
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      - South: Baden-Wurttemberg, Bavaria,
      - East: all the Länder not included in the other regions. ç