LexInter | May 6, 2018 | 0 Comments


 31996L0092 Directive 96/92 / CE of the European Parliament and of the Council of 19 December 1996 concerning common rules for the internal market in electricity Official Journal n ° L 027 of 30/01/1997 p. 0020 – 0029

DIRECTIVE 96/92 / EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 19 December 1996 concerning common rules for the internal market in electricity
Having regard to the Treaty establishing the European Community, and in particular Article 57 (2), Article 66 and Article 100 A thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the Economic and Social Committee (2),
Acting in accordance with the procedure referred to in Article 189 B of the Treaty (3),
(1) Whereas it is necessary to adopt measures aimed at ensuring the proper functioning of the internal market; that this market comprises an area without internal frontiers where the free movement of goods, people,
(2) Whereas the completion of a competitive electricity market is an important step towards the completion of the internal energy market;
(3) Whereas the provisions of this Directive in no way affect the application of the Treaty, and in particular its provisions relating to the internal market and to competition;
(4) Whereas the establishment of the internal electricity market is particularly important for rationalizing the production, transmission and distribution of electricity while strengthening the security of supply and the competitiveness of the European economy and respecting the protection of the environment;
(5) Whereas the internal electricity market should be established gradually so that the electricity industry can adapt to its new environment in a flexible and rational manner and to take account of the current diversity in the organization of electrical networks;
(6) Whereas the establishment of the internal market in the electricity sector should promote the interconnection and interoperability of networks;
(7) Whereas Council Directive 90/547 / EEC of 29 October 1990 on the transit of electricity over large networks (4) and Council Directive 90/377 / EEC of 29 June 1990 establishing a Community procedure ensuring price transparency for the industrial end consumer of gas and electricity (5), provide for a first phase of the establishment of the internal electricity market;
(8) Whereas it is now necessary to take additional measures with a view to completing the internal market in electricity;
(9) Whereas, in the internal market, undertakings in the electricity sector must be able to act, without prejudice to compliance with public service obligations, with a view to a competitive and competitive electricity market;
(10) Whereas there are currently, due to structural differences in the Member States, different systems of regulation of the electricity sector;
(11) Whereas, in accordance with the principle of subsidiarity, a framework of general principles must be established at Community level, but the setting of the implementing rules must be the responsibility of the Member States, which may choose the system best suited to their own situation ;
(12) Whereas, whatever the method of organization of the market in force, access to the network must be opened in accordance with this Directive and must lead to equivalent economic results in the Member States, as well as, consequently , at a directly comparable level of market openness and at a directly comparable degree of access to electricity markets;
(13) Whereas, for certain Member States, the imposition of public service obligations may be necessary to ensure security of supply, consumer protection and environmental protection which, in their view, free competition , on its own, cannot necessarily guarantee;
(14) Whereas long-term planning can be one of the means of fulfilling the said public service obligations;
(15) Whereas the Treaty lays down specific rules as regards restrictions on the free movement of goods and on competition;
(16) Whereas Article 90 (1) of the said Treaty, in particular, obliges the Member States to comply with these rules as regards public undertakings and undertakings to which they grant special or exclusive rights;
(17) Whereas, by virtue of Article 90 (2) of the Treaty, undertakings responsible for the management of services of general economic interest are subject to those rules under special conditions;
(18) Whereas the implementation of this Directive will have repercussions on the activities of these undertakings;
(19) Whereas the Member States, when they impose public service obligations on undertakings in the electricity sector, must therefore comply with the relevant rules of the Treaty in the interpretation given by the Court of Justice;
(20) Whereas, in establishing the internal electricity market, full account should be taken of the Community objective of economic and social cohesion, in particular in sectors such as infrastructure, whether national or intra-Community, which serve the transmission of electricity;
(21) having regard to the contribution made by Decision No 1254/96 / EC of the European Parliament and of the Council of 5 June 1996 establishing a set of guidelines relating to trans-European networks in the energy sector (6) , the development of integrated electricity transmission infrastructure;
(22) Whereas it is therefore necessary to establish common rules for the production of electricity and the operation of electricity transmission and distribution networks;
(23) Whereas the opening of the production market can be done on the basis of two systems which refer to the authorization procedure and that of the call for tenders, which must obey objective criteria , transparent and non-discriminatory;
(24) Whereas, in this context, the situation of autoproducers and independent producers must be taken into account;
(25) Whereas each transmission network must be managed and controlled in a centralized manner in order to ensure its safety, reliability and efficiency, in the interest of producers and their customers; whereas consequently, it would be advisable to designate a manager of the transport network who will ensure its operation, maintenance and, where appropriate, development; that the action of this manager must be objective, transparent and non-discriminatory;
(26) Whereas the technical rules for the operation of transport networks and direct lines must be transparent and must ensure the
(27) Whereas objective and non-discriminatory criteria should be determined for the call for power stations;
(28) Whereas, for reasons of environmental protection, priority may be given to the production of electricity from renewable energy sources;
(29) Whereas, at the distribution level, supply rights may be granted to customers located in a given area and that a manager must be appointed to operate, maintain and, where appropriate, develop each supply network distribution;
(30) Whereas transparency and non-discrimination presuppose that the transport function of vertically integrated undertakings is managed independently from other activities;
(31) Whereas the activity of the single buyer should be managed separately from the production and distribution activities of vertically integrated companies; whereas the flow of information between sole purchaser activities and these production and distribution activities must be limited;
(32) Whereas the accounts of all integrated companies in the electricity sector should be as transparent as possible, in particular with a view to detecting possible abuses of a dominant position, such as abnormally low or high tariffs, or practices discriminatory for equivalent services; whereas, to this end, the accounts must be separated for each activity;
(33) Whereas provision should also be made for the competent authorities to have access to the internal accounts of undertakings while respecting confidentiality;
(34) Whereas, due to the diversity of structures and the specific nature of the systems in the Member States, provision should be made for different options for access to the network which will be managed in accordance with objective, transparent and non-discriminatory criteria;
(35) Whereas provision should be made for the possibility of authorizing the construction and use of direct lines;
(36) Whereas it is necessary to provide for safeguard clauses and procedures for settling disputes;
(37) Whereas any abuse of a dominant position and any predatory behavior should be avoided;
(38) Whereas, because of the risk of particular difficulties in adapting their networks for certain Member States, the possibility of resorting to transitional arrangements or derogations should be provided for, in particular for the operation of small isolated networks;
(39) Whereas this Directive constitutes a new phase of liberalization; whereas its implementation will however leave barriers to trade in electricity between Member States; whereas, consequently, proposals for improving the functioning of the internal market in electricity could be made in the light of the experience acquired; whereas the Commission should therefore report to the Council and the European Parliament on the application of this Directive,

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