CELEX: 51989PC0332
Language: en
Date: 1989-09-18
Title: DRAFT COUNCIL DIRECTIVE CONCERNING A COMMUNITY PROCEDURE TO IMPROVE THE TRANSPARENCY OF GAS AND ELECTRICITY PRICES CHARGED TO INDUSTRIAL END-USERS

I •'   .:1.:.l 11 if I I !I
COMMISSION OF THE EUROPEAN COMMUNITIES
                                                        C0MC89) 332 final
                                                        Brussels, 18 September 1989
                                             Draft
                                      COUNCIL DIRECTIVE
   concerning a Community procedure to improve the transparency
       of gas and e l e c t r i c i t y prices charged to industrial
                                           end-users
                    (presented by the Commission)
 ---pagebreak---                                                              Or^hM {
                        EXPLANATORY MEMORANDUM
1. As   announced   in  its communication    to  the Council   on  the
   transparency of energy prices (C0M(89)123 30 March 1989), the
   Commission now transmits a proposal       for a Council Directive
   concerning a Community procedure to improve the transparency of
   natural gas and electricity prices charged to Industrial end-users.
   The point of departure for this proposal has been the fact that gas
   and electricity price transparency is not satisfactory in the
   Community's industrial market and puts in danger the realization of
   the internal energy market.
2.  In order to assist the Commission in finalizing the technical
   aspects of the system for gathering and communicating prices, the
   Commission has appointed a select group of experts with balanced
   representation of gas and electricity companies on the one hand and
    industrial users, both small businesses and large firms, on the
   other.
   Except for its first and last meetings which were In plenary,the
   group held meetings from 27 April to 15 June 1989, in separate
   subgroups on gas and electricity.
3. The intensive work carried out by both subgroups In a spirit of
    full cooperation has allowed the Commission to draw up the two
    technical annexes to the draft Directive.
    1. Gas: The technical annex to the draft Directive defines the
   method which will be used, which is based on that used by the SOEC
    in its gas price surveys. It identifies seven "standard" users
   most representative of the Industrial gas market. It lays down the
    frequency and deadlines for transmitting data, the places where
    the prices will be recorded, and the method of calculating them,
    it determines the elements ensuring an accurate reflection of the
    system of price formation.
 ---pagebreak---    2. E lectr ic i ty: The technical annex to the draft Directive adopts
   the method of standard type used by the SOEC in its electricity
   price surveys and extends it to cover industrial users up to a
   rated capacity of 10 MW.
   For users above 10 MW a new system has been introduced, based on a
   marker        pr ice,    including      private     generators.
   The marker price is accompanied by a series of price abatement
   factors (in principle 6%, 8% and 10%) selected among the factors
   used in practice in the category of industrial user in question.
    Independent statistical processing bodies will supply the highest
   and lowest prices recorded in the regions served by several
   d i str ibutors.
   Every two years the distributors or the independent statistical
   processing bodies will supply statistics on the number of users and
   their consumption for each category of quantity or capacity. This
    information, which is for the Commission's use, will not be
   pub Ii shed.
4. The draft Directive is based on Article 213 of the EEC Treaty, and
    is based on the following essential features:
        no breach of"the confident la I Ity of contracts,
        transmission of up-to-date price data every six months, on
        1 January and 1 July of each year,
        pub Ilcat ion of prices by the Commission (through the SOEC) no
         later than five months after the surveys.
   Within the Commission, the SOEC will be charged with the receipt,
   control and publication of the information provided for in the
    first Article of the Directive.
 ---pagebreak---                                   Draft
                            COUNCIL DIRECTIVE
      concerning a Community procedure to Improve the transparency
                      of gas and electricity prices
                     charged to industrial end-users
THE COUNCIL CF THE EUROPEAN COMMUNITIES",
Having regara to the Treaty establishing         the  European  Economic
Community, and in particular Article 213 thereof.
Having regard to the    Commission's draft,
 in cooperation with the European Parliament,
Having regard to the opinion of the Economic and Social Committee,
Whereas 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 operation of the
 internal energy market;
Whereas    transparency can help to obviate discrimination between
users, by increasing their freedom to choose between different
energy sources and different suppliers;
Whereas, 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;
 Whereas, however, th« 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-,
 ---pagebreak--- Whereas the system of standard consumers          used by the Statistical
Office cf the European Communities (SOEC)        in its price publications
and the system of marker prices due to           be Introduced for major
industrial electricity users will ensure         that transparency is not
an obstacle to confidentiality;
Whereas    it    is   necessary       to extend the consumer categories
used by the SOEC up to the        limits at which the consumers remain
representative;
Whereas ; n this way the objective of end-user price transparency
would be achieved without          endangering    the confidentiality of
contracts; whereas in order to respect confidentiality, it is
necessary that at least 3 consumers exist in a given consumption
category to be able to publish a price;
Whereas the information in question relates exclusively to the gas
and electricity consumed by industry for energy end-uses;
Whereas the undertakings which supply gas and electricity as we I i
as    the   industrial   gas    and    electricity   consumers    remain
 independently of the application of the present Directive - subject
 to the Treaty's competition rules; whereas consequently the
Commission,     in the framework of the powers of application of
Council Regulation No 17^, as last amended by the Act of Accession of
Spain and Portugal, can require communication of prices and conditions
of sale, to the extent that this becomes necessary to ensure compliance
with the prohibitions decreed by Artie les 85 and 86 of the Treaties;
Whereas knowledge of the price systems in force forms part of price
 t ransparency ;
Whereas knowledgeof the distribution of categories of consumers and thei r
 respective market shares also forms part of price transparency;
 Whereas,     the communication to the Commission of prices and
 conditions of sale to consumers, accompanied by the price systems
 in operation      as well    as    the distribution     of  consumers    by
 consumption category, is to enable the Commission to be informed in
order for it to decide, as necessary, on appropriate action or proposals
 in the light of the situation of the internal energy market;
 Whereas the data supplied to the Commission will         be more   reliable
 if the companies themselves establish this data;
1
  0J No 13, 21.2.1962, p . 204/62.
                                                                             f
 ---pagebreak---                                 - 3 -
Whereas it must be possible to check       the reliability of the data
supplied to the Commission-,
Whereas transparency can be achieved by publicizing data and by.
calculating the prices and price systems as widely as possible among
end-users;
Whereas 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
the data;
Whereas, with the prospect of the achievement of the              internal
market in energy, the system of transparency should be            rendered
operational as soon as possible,
 HAS DECIDED AS FOLLOWS:
                                   Article 1
 Member States shall take the steps necessary to ensure that the undertakings which
 supply gas or electricity to final industrial consumers, as defined in
 the Technical Annexes I and II, communicate to the Commission in the form
 provided for in Article 3:
 1.  gas and electricity prices and sales conditions for industrial end-users,
 2.  the price systems in use,
 3.  the distribution of consumers       and  the  corresponding    volumes  by
     category of consumption.
                                   Article 2
  1.  The undertakings referred to in Article 1 shall assemble the data provided
      for in Article 1, points 1 and 2, on 1 January and 1 July of each
      year. This data, drawn up in conformity with the provisions of
     Article 3, shall be sent to the Commission and the competent
     authorities of the Member States within two months.
  2. On the basis of the data referred to in the first paragraph the
     Commission shall publish each May and each November, in an appropriate
     form, the prices of gas and electricity for industrial end-uses in
     the Member States, and the pricing systems used to that end.
 ---pagebreak---                                   - 4 -
     The .nfcrmaticn provided for in Article 1, point 3, shall be sent
     every two years to the Commission. The first communication shall
     concern the situation as of 1st January 1990. This information
     will not be pubi ished.
                                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 1 and 2.
                                Article 4
The Commission shall not disclose data supplied to it pursuant to
Article 1 and covered, by its nature, by the obligation of professional secrecy,
This provision shall not prevent the publication of such data in an
aggregated form which does not allow the Identification of individual
commercial transactions.
                                Article 5
When the Commission notes anomolies or inconsistencies in the data
submitted under the present Directive, it may ask the Members States to
allow it to inspect the appropriate disaggregated data supplied by
undertakings as well as the methods of calculation or evaluation upon which
the aggregated data is based, in order to understand, or even amend, any
 information deemed irregular.
                                Article 6
Where a specific problem is identified that can be corrected by a
 simple technical adjustment to the corresponding annex, the Commission
 shall make the necessary changes. Such changes shall apply to the
 technical elements only and may under no circumstances affect the general
 system of the method.
                                 Article 7
 Once a year the Commission shall present a summary report on the
 operation of this Directive to the European Parliament and the Economic
 and Social Committee.
                                                                                 f
 ---pagebreak---                                   - 5 -
                                Article 8
Member States shall adopt the laws, regulations and administrative provisions
needed to comply with this Directive no later than 1 July 1990.
The provisions adopted pursuant to the first paragraph shall make express
reference to this Directive.
                                 Article 9
This Directive is addressed to the Member States.
Done at Brussels,                                       For the CounciI
                                                         The President
Annex I:   Description of the data concerning prices and sales conditions
           requested for gas.
Annex II: Description of the data concerning prices and sales conditions
           requested for electricity.
 ---pagebreak---                                                      ANNEX I
                         Technical Annex on Gas
   Two types of gas are concerned
   (i) natural gas
   (i i) town gas
2. When these two types of gas are distributed in the same urban area
   or region data should be reported for both except where the
   consumption is not significant (less than 10%).
3. Only piped distribution is considered.
4. Prices to be reported are not city gate prices paid by gas
   distributors but prices paid by the end-consumer for supplies
   delivered usually by distribution companies but also in some cases
   by production or transmission companies.
5. Uses considered are all industrial uses.
6. Excluded from the system are gas consumers with consumption
   a)   for electricity generation in public power plants,
   b)    in non-energetic uses (e.g. in the chemical  industry),
    c)  above 4 186 000 GJ/year (- 1 163 GWh/year).
 ---pagebreak---                                      - 2 -
     Prices recorded are based on a system of standard consumers ^efined
     basically by the level and the modulâtiont 1 ) (or load factor)\ of
     the gas consumption.                                            'VV:
     The other characteristics which could play a part in the price \
     setting (e.g. interruptibiIity) will be determined In every case.^V
     always adopting the solution which is most frequent in practice.
9.   Prices must include meter rental, the standing charge and the
     commodity rate. They do not include the initial Installation charge
     to the consumer.
10. The following industrial standard consumers, coded l-j to I5,
     have been chosen:
                    Annua I consumpt i on                   Modulât ion
 h              418. 60 GJ or     116 300 KWh  no load factor   laid down1
 I2          4 186      GJ or   1 163 000 KWh  200 days
 I3-1       41 860      GJ or        11.63 GWh 200 days 1 600 h
 I3-2       41 860      GJ or        11.63 GWh 250 days 4 000 h
 I4-1      413 600      GJ or       116.6  GWh 250 days 4 000 h
 I4-2      418 600      GJ or       116.3  GWh 330 days 8 000 h
 Is      4 1S6 000      GJ or        1 163 GWh 330 days 8 000 h
 1
    If necessary 115-200 days
 (1) 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: nd - Qa_
                  Qd max
      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: nh - Qa_
                                   Qh max
       n the  above formula-.
          Qa  » annual volume consumed
          Qd  max - maximum daily offtake
          Qh  max » maximum hour I y offtake
                                                                           Jo
 ---pagebreak---                                           - 3 -
11. Prices are to be recorded          in the following places or regions:
     Belgium:                   Brussels;
     Denmark:                    Copenhagen;
     FR of Germany:             Hamburg, Hannover, Weser-Ems, Dortmund,
                                Diisseldorf, Frankfurt/Main, Stuttgart, Munich;
     Spain:                     Madrid, Barcelona, Valencia, North & East;
     France:                    Lille, Paris, Strasbourg, Marseille, Lyon,
                                Toulouse;
      Ireland:                   Dubi in;
      Italy:                    Milan, Turin, Genova, Rome, Naples;
     Luxembourg:                 Luxembourg city;
     Netherlands:                Rotterdam;
     Portugal:                   L isbon
     United Kingdom:             London, Leeds, Birmingham;
 12. Prices recorded are prices based on the tariffs, contracts,
      conditions and rules in force at the beginning of each six-month
      period (January and July) including any eventual 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
      the elimination of the tariffs which are not used in practice or
      which apply only to a neglegible number of users.
 14. When there are only quasi-tariffs, special contracts or freely-
      negotiated pr ices, the most commonly found price (most
      representative) for the given supply conditions has to be recorded
 15. Prices have to be expressed in national currency by physical unit
      of g a s t 2 ) . The unit of energy used is measured on the basis of
      the gross calorific value (GCV), as is the practice in the gas
       industry.
  (2),In case the m^ would be used, it woiild be necessary to define its
       energy content in GJ, KWh or therm.
 ---pagebreak---                                   _ 4 -
16. Two price levels are to be s h o w n : ^
         the pr ice net of tax ;
         the price excluding recoverable VAT but including all other
         taxes.
17. The level of taxes (excluding recoverable VAT) should be indicated
    as well as an explanation of their application.
18. An explanation, as detailed as necessary to accurately reflect the
    system of price formation, must be annexed. Special emphasis shall
    be given to any modifications since the previous survey.
19. In Member States where one gas company covers virtually all the
     industrial sales for that country, the information should be
     collected by that company. In other Member States where one or more
    of the regions Is served by more than one gas company, the
     information should be collected by an independent statistical body.
 (3) The price excluding tax is obtained directly from the tariffs or
      the contracts. The price excluding recoverable VAT includes, where
      payable, other specific taxes.
                                                                         À
 ---pagebreak---                                                  ANNEX II
                     Technical Annex on Electricity
With respect to the reporting of Information relating to electricity
under this Directive, the following shall apply:
I. The "Typical Reference Consumer'1 Survey, (for Consumers with up to
    10 MW Maximum Demand).
    1.  The existing survey of electricity prices for typical
        reference consumers In the Community carried out by the
        Commission shall be extended to include two categories of
         industrial reference consumer with a maximum demand of 10 MW,
        and the whole survey of industrial consumers, (as described
        below) shall be incorporated in this Directive.
    2.  Electricity prices in Member States with a unified national
        tariff shall be surveyed in one location only and for Member
        States with tariffs which vary across the country, prices shall
        be surveyed in a representative sample of locations, as
        fol lows:
        Be Ig Iurn                        The country as a whole.
        Federal Republic                  Hamburg, Hanover, Dusse I dorf,
        of Germany                        Frankfurt am Main, Stuttgart,
                                          Munich, Western Zone, Southern
                                          Zone.
        Denmark                           Copenhagen (KB), North Zealand
                                          (NESA).
        Spain                             Madrid.
        France                            Lille, Paris, Marseille, Lyon,
                                          Toulouse, Strasbourg.
        Greece                            Athens.
         Ireland                          Dublin.
         Italy                            Northern and Central Italy,
                                          Southern Italy and the
                                           Is Iands.
        Luxembourg                        Grand Duchy (Cegedel).
        Netherlands                       Rotterdam (GEB), North Holland
                                          (PEN)» North Brabant (PNEM).
        Portugal                          Lisbon.
        United Kingdom                    London, Glasgow, Leeds,
                                          Birmingham.
 ---pagebreak---    Electricity prices shall be surveyed for the following nine
   categories of typical reference industrial consumer:
   Reference    Annual Consumption    Maximum Demand                         Annual utilisa
   Consumer              kWh                         kW                           tion, hours
                                      •»••• " '  • —  — — ^  ^ — — • — ^ — — —  • —       •!•      al*|
                      30 000                         30                               1 000
                      50 000                         50                               1 000
                    160 000                        100                                1 600
                  1  250 000                       500                                2 500
                  2  000 000                       500                                4 000
                 10 000 000                     2  500                                4 000
                 24 000 000                     4  000                                6 000
                 50 000 000                   10   000                                5 000
                 70 000 000                   10   000                                7 000
   The maximum demand 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 0 - 0.9. In the case of tariffs based on half
   hourly maximum demand, the maximum demand of the reference consumer
    is multiplied by a coefficient of 0.98. In the case of tariffs
   based on a maximum demand expressed in kVA an adjustment is made by
   dividing the reference consumer's maximum demand in kW by the
   coefficient cos 0 - 0.90.
    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
UtiIisa- Monthly Two Monthly Quarterly Average of Average of Annua I
tion      Max imum    Max imum   Max imum 3 highest 2 highest Max im.
(hours) Demand        Demand     Demand            monthly                    monthly Demand
                                                   Max imum                    Max imum
                                                   Demands                     Demands
 1  000      0.81        0.83      0.86                    0.94                     0.96        1 .0
 1  600      0.83        0.85      0.88                    0.95                     0.97        1.0
 2  500      0.85        0.87      0.90                    0.96                     0.98        1.0
 4  000      0.90        0.91      0.95                    0.98                     0.99        1 .0
 5  000      0.90        0.91      0.95                    0.98                     0.99        1.0
 6  000      0.96        0.97      0.98                    0.99                     0.995       1.0
 7  000      0.96        0.97      0.98                     0.99                    0.995       1.0
                                                                                              I
                                                                                                        M
 ---pagebreak---                                        - 3 -
     For tariffs with reductions for "off-peak" periods the following
     "off-peak" consumptions should be assumed In calculating the
     average price per kWh:
             Annua 1           Annual Consumption (In 1 000 kWh)
 Standard uti 1 i- Annua I     charged at off-peak rates according
 consumer sat ion Consump-     to the average daily duration of
                     t Ion     off-peak periods in each 24 hours
             hours   1000 kWh    7 h      8 h    9 h   10 h   11 h   12 h
    'a        1 000         30        0       0     0       0      0      0
    'b        1 000         50        0       0     0       0      0      0
    'c        1 600        160       11      13    16     19     22     25
    'd        2 500     1  250      197    225    262    300    338    375
    'e        4 000     2  000     438     500    580    660    740    820
    •f        4 000    10  000   2  190 2 500 2 900 3    300 3 700 4   100
    'g       6  000   24   000   7  140 8 160 9 120 10   080 11 040 12 000
      9
    !
      h
              5 000   50   000  13  100 15 000 17 000 19 000 21 000 23 000
    1
        i     7 000   70   000  23 300 26 600 29 400 32  200 35 000 37 800
      For off peak periods of durations between those shown above, the
      annual consumption of off-peak kWh's should be estimated by
       interpolation. For any further off-peak periods, for example all
      day Sunday, only half of the extra hours should be taken and these
      hours averaged across all days of the year, and the result added to
      the normal off-peak period, before using the table above.
6.    Wherever possible, the price reported should be based on a
      published tariff applicable to the reference consumer category In
      question, tf there are several possible tariffs, the tariff which
       is the most advantageous to the consumer, after the elimination of
      any tariffs wtvtch are not used in practice or which apply only to a
      marginal or negligible number of users, should be applied. Where
       there are only quasi-tar iffs, special contracts, or freely
      negotiated prices, the most commonly found price, (most
       representative) for the given supply conditions should be reported.
7.    Where electricity for a given reference consumer category may be
       supplied at a variety of voltages, that voltage should be assumed
      which is the most representative for the reference consumer
       category in question. This principle should be applied to other
       parameters not specified in this Directive.
8.     The price per kWh should be calculated so as to Include all fixed
       charges payable, (e.g. meter rental, fixed charges or capacity
       charges, etc.), as wet I as the charges for the kWh's consumed. It
        is therefore the total amount payable after any premiums or
       rebates, for the consumption pattern In question, divided by the
       total consumption. Initial connection charges, however, should not
       be included. Although information is to be provided twice yearly,
       the calculation shouki be based on annual consumption figures, to
       avoid seasonal variations.
                                                                            J
 ---pagebreak---     9.   P-ices should be given in national currency per kWh :
              - with all taxes excluded
              - with all taxes included, (except recoverable VAT).
         The rates and method of application of taxes, which should
         include any tax whether national, regional or local, levied on
         electricity sales to the consumer, should be reported.
    10. An explanation as detailed as necessary to accurately describe
         the tariff system and how It is applied should be given. Any
         modifications in the system since the previous survey should be
         given special prominence.
I I. The "Marker Price" Survey, (for Consumers above 10 MW Maximum
    Demand).
    11. To survey industrial consumers with maximum demands above
         10 MW, a new system based on "Marker Prices", as defined below,
         shall be introduced.
     12. For all Member States except the Federal Republic of Germany
          and the United Kingdom, variations in the structure of charges
          and prices charged for large industrial electricity consumers
          across the country are relatively small, and Marker Prices and
          associated information shall be collected and published for the
          Member State as a whole. For the Federal Republic of Germany
          and the United Kingdom there may be significant geographical
          variations and so information for these two Member States shall
          be collected and published by three regions In each case, as
          fo iIows:
          Member State                    Regions
          Federal Republic of Germany     North/Central
                                          West
                                          South
          Uni ted Kingdom                 England and Wales
                                          Scotland
                                          Northern Ireland
     13. Marker Prices and associated information shall be reported for
          each Member State as described in paragraph 12 above for three
          categories of large industrial consumer, i.e. those industrial
          consumers with maximum demands of about:
     The regions for the Federal Republic are defined as:
     North/Central: Schleswig-Holstein, Bremen, Hamburg, Berlin,
                      Niedersachsen and North Hessen.
     West           : Nordrhein-Westfalen, Rheinland-Pfalz, Saarland and
                      South Hessen.
     South          : Baden Wurttemberg and Bavaria.
                                                                          At
 ---pagebreak---                                 - 5 -
    25 MW, covering consumers with maximum demands between 17,5 MW
    to 37,5 MW.
    50 MW, covering consumers with maximum demands between 37,5 MW
    to 62,5 MW, and
    75 MW, covering consumers with maximum demands between 62,5 MW
     to 75 MW.
    These categories include any industrial consumers which also
    produce a part of their own electricity needs themselves,
    although only information relating to their consumption from an
    electricity utility is required to be reported.
14. 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 of the utility in question with a normal
    maximum demand of about the appropriate size (I.e. 25 MW), but
     before any reductions for "special factors", which should be
     reported separately, (see paragraph 17 below). This "Marker
     Price" industrial consumer should have demand characteristics
     as far as possible representative, (ignoring "special factors")
     of ail the industrial consumers in the category in question
     served by the utility. In order to try to achieve a measure of
     homogeneity, however, 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 adopted by a
     reporting utility where appropriate. If such demand
     characteristics are not appropriate, the utility may define its
     own "Marker Price" consumer demand characteristics, subject to
     the approval of the Commission. These demand characteristics
     refer, for example-, to the load factor, (e.g. "7000 hours",
     where 700Q is the number of hours for which the maximum demand
     would have to be In effect to obtain the annual consumption).,
     and the distribution of consumption by the different tlme-of-
     day charge bands, (e.g. peak, off-peak, etc.).
15. 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's
     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.
 16. For each Marker Price a range of "special factors" which may
     be applied to reduce the price of electricity, (e.g.
      interruptibiIity 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 in
      reality used by the industrial consumers sup©I led by the
      report rng util ity in the MW catenary bel n$ surveyed.
 ---pagebreak---                                - 6 -
17. In Member States where there is more than one electricity
     utility, these utilities shall each provide Marker Prices and
     the associated Information, (on the demand characteristics of
     the notional "Marker Price" industrial consumer, (paragraph
     15), and on the special factors and their 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 associated information
     for these Marker Prices, simultaneously to the Commission and
     to the national administration. For the other Member States,
     where one national utility covers the whole country, the
      information shall be reported directly and simultaneously to
     the Commission and to the national administration.
18. In order to preserve confidentiality. Marker Prices and the
     associated Information shall be reported by the independent
     statistical body or the national utility as appropriate (see
     paragraph 18 above) for a given MW category, only where at
      least three consumers in the MW category are present In the
     Member State or region concerned.
 19. Marker Prices should be given In national currency per kWh:
      - with all taxes excluded, and
      - with all taxes, except recoverable VAT, Included.
      The levels of taxes, (excluding recoverable V A T ) , should be
      indicated as well as an explanation of their application.
 20. Supply utilities should also provide data, once every two
      years, on the number of its consumers in each MW range, (i.e.
      17.5 - 37.5 MW, 37.5 - 62.5 MW, and 62.5 - 75.0 M W ) , and the
      total annual consumption of these consumers for each range, (in
      GWh). As with the information required under paragraph 18, this
       information shall be passed either via an Independent
      statistical body, which shall collate information for the
      Member State as a whole, or directly and simultaneously to the
      Commission and to the national administration. The information
      required under this paragraph will be provided on a
      confidential basis and will not be published.
 ---pagebreak---                             FINANCIAL RECORD
The Directive has no immediate financial implications. The matter will
be re-examined when the draft 1991 budget is drawn up, by which time
the publications and surveys .related to the application of the
Directive will be published on a six-monthly basis.
                                                                       J>.
 ---pagebreak---  ---pagebreak---                                                                            ISSN 0254- W5
                                                                     COM(89) 332 final
                                                            DOCUMENTS
      EN                                                                         15 13
a.- v
                                       Catalogue number : CB-CO-89-410-EN-C
                                                                   ISBN 92-77-52948-2
      Office for Official Publications of the European Communities
      L-2985 Luxembourg