Directive 2003/54 - Common rules for the internal market in electricity and repealing Directive 96/92/EC - Statements made with regard to decommissioning and waste management activities

official title

 

Legal instrument	Directive
Number legal act	Directive 2003/54
Original proposal	COM(2001)125
CELEX number131	32003L0054

Avis juridique important

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Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC - Statements made with regard to decommissioning and waste management activities

Official Journal L 176 , 15/07/2003 P. 0037 - 0056

Directive 2003/54/EC of the European Parliament and of the Council

of 26 June 2003

concerning common rules for the internal market in electricity and repealing Directive 96/92/EC

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 47(2), Article 55 and Article 95 thereof,

Having regard to the proposals from the Commission(1),

Having regard to the Opinion of the European Economic and Social Committee(2),

Having consulted the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),

Whereas:

• (1) 

  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(4) has made significant contributions towards the creation of an internal market for electricity.

• (2) 

  Experience in implementing this Directive shows the benefits that may result from the internal market in electricity, in terms of efficiency gains, price reductions, higher standards of service and increased competitiveness. However, important shortcomings and possibilities for improving the functioning of the market remain, notably concrete provisions are needed to ensure a level playing field in generation and to reduce the risks of market dominance and predatory behaviour, ensuring non-discriminatory transmission and distribution tariffs, through access to the network on the basis of tariffs published prior to their entry into force, and ensuring that the rights of small and vulnerable customers are protected and that information on energy sources for electricity generation is disclosed, as well as reference to sources, where available, giving information on their environmental impact.

• (3) 

  At its meeting in Lisbon on 23 and 24 March 2000, the European Council called for rapid work to be undertaken to complete the internal market in both electricity and gas sectors and to speed up liberalisation in these sectors with a view to achieving a fully operational internal market. The European Parliament, in its Resolution of 6 July 2000 on the Commission's second report on the state of liberalisation of energy markets, requested the Commission to adopt a detailed timetable for the achievement of accurately defined objectives with a view to gradually but completely liberalising the energy market.

• (4) 

  The freedoms which the Treaty guarantees European citizens - free movement of goods, freedom to provide services and freedom of establishment - are only possible in a fully open market, which enables all consumers freely to choose their suppliers and all suppliers freely to deliver to their customers.

• (5) 

  The main obstacles in arriving at a fully operational and competitive internal market relate amongst other things to issues of access to the network, tarification issues and different degrees of market opening between Member States.

• (6) 

  For competition to function, network access must be non-discriminatory, transparent and fairly priced.

• (7) 

  In order to complete the internal electricity market, non-discriminatory access to the network of the transmission or the distribution system operator is of paramount importance. A transmission or distribution system operator may comprise one or more undertakings.

• (8) 

  In order to ensure efficient and non-discriminatory network access it is appropriate that the distribution and transmission systems are operated through legally...

This text has been adopted from EUR-Lex.

This page is also available in a full version containing the summary of legislation, de geconsolideerde versie, the legal context, de Europese rechtsgrond, other dossiers related to the dossier at hand and finally the related cases of the European Court of Justice.

• 1. 

  Resolution Liberalisation of energy markets A5-0180/2000 of 6 July 2000.
  
   
• 2. 

  OJ C
  
   
• 3. 

  COM(2000) 769, p. 71.
  
   
• 4. 

  Under a standardised load profile, an assumption on the consumption of electricity of a type of small consumer is made, in volume and timing of demand. Any discrepancies with the profile are settled after periodic readings of the existing meter, eliminating the need for expensive minute-to-minute reading of the consumer's actual consumption and off-setting that against his/her contracted volume.
  
   
• 5. 

  The Gas and Electricity Directives require only accounting unbundling at distribution level together with measures to ensure the non-disclosure of commercially sensitive information.
  
   
• 6. 

  Distribution costs are relatively significant. For gas, total investments in gas distribution will typically be twice as high as in transmission. In a country without gas production, gas distribution investment can account for 70% to 80% of total investment in the supply chain to the end user.
  
   
• 7. 

  Gas offtake varies for all customers greatly, both within a single day and between seasons during the year. Gas supply, however, is more constant as gas producers wish to maximise the capacity usage of their pipeline infrastructure. Non-discriminatory access to flexibility instruments such as storage may therefore be crucial for an efficient access to the overall gas system and for ensuring a level playing field between incumbent utilities having significant storage facilities at their disposal and new entrants and customers without such facilities.
  
   
• 8. 

  For gas, the following Member States have either a system of negotiated access, or a hybrid published/negotiated system: Austria, Belgium (who, however, recently decided to change to regulated TPA), Denmark, France, Germany and The Netherlands.
  
   
• 9. 

  COM(2000) 769, p. 71.
  
   
• 10. 

  COM(2000) 769, p. 71.
  
   
• 11. 

  COM(2000) 769, p. 71.
  
   
• 12. 

  The Gas and Electricity Directives require only accounting unbundling at distribution level together with measures to ensure the non-disclosure of commercially sensitive information.
  
   
• 13. 

  Distribution costs are relatively significant. For gas, total investments in gas distribution will typically be twice as high as in transmission. In a country without gas production, gas distribution investment can account for 70% to 80% of total investment in the supply chain to the end user.
  
   
• 14. 

  COM(2000) 769, p. 71.
  
   
• 15. 

  The Gas and Electricity Directives require only accounting unbundling at distribution level together with measures to ensure the non-disclosure of commercially sensitive information.
  
   
• 16. 

  COM(2000) 769, p. 71.
  
   
• 17. 

  COM(2000) 769, p. 71.
  
   
• 18. 

  COM(2000) 769, p. 71.
  
   
• 19. 

  Appropriate provisions to ensure these basic rights can be found in Article 17 of the Commission proposal for a Directive of the European Parliament and of the Council on universal service and users' rights relating to electronic communications networks and services, COM(2000) 392 of 12 July 2000.
  
   
• 20. 

  The Gas and Electricity Directives require only accounting unbundling at distribution level together with measures to ensure the non-disclosure of commercially sensitive information.
  
   
• 21. 

  The Gas and Electricity Directives require only accounting unbundling at distribution level together with measures to ensure the non-disclosure of commercially sensitive information.
  
   
• 22. 

  Distribution costs are relatively significant. For gas, total investments in gas distribution will typically be twice as high as in transmission. In a country without gas production, gas distribution investment can account for 70% to 80% of total investment in the supply chain to the end user.
  
   
• 23. 

  OJ C
  
   
• 24. 

  OJ C
  
   
• 25. 

  OJ C
  
   
• 26. 

  OJ C
  
   
• 27. 

  OJ C
  
   
• 28. 

  OJ C
  
   
• 29. 

  OJ L 27, 30.1.1997, p. 20.
  
   
• 30. 

  OJ L 204, 21.7.1998, p. 1.
  
   
• 31. 

  OJ L 313, 13.11.1990, p. 30; Directive as last amended by Commission Directive 98/75/EC (OJ L 276, 13.10.1998, p. 9).
  
   
• 32. 

  OJ L 147, 12.6.1991, p. 37; Directive as last amended by Commission Directive 95/49/EC (OJ L 233, 30.9.1995, p. 86).
  
   
• 33. 

  Appropriate provisions to ensure these basic rights can be found in Article 17 of the Commission proposal for a Directive of the European Parliament and of the Council on universal service and users' rights relating to electronic communications networks and services, COM(2000) 392 of 12 July 2000.
  
   
• 34. 

  OJ L 95, 21.4.1993, p. 29.
  
   
• 35. 

  Under a standardised load profile, an assumption on the consumption of electricity of a type of small consumer is made, in volume and timing of demand. Any discrepancies with the profile are settled after periodic readings of the existing meter, eliminating the need for expensive minute-to-minute reading of the consumer's actual consumption and off-setting that against his/her contracted volume.
  
   
• 36. 

  Distribution costs are relatively significant. For gas, total investments in gas distribution will typically be twice as high as in transmission. In a country without gas production, gas distribution investment can account for 70% to 80% of total investment in the supply chain to the end user.
  
   
• 37. 

  Under a standardised load profile, an assumption on the consumption of electricity of a type of small consumer is made, in volume and timing of demand. Any discrepancies with the profile are settled after periodic readings of the existing meter, eliminating the need for expensive minute-to-minute reading of the consumer's actual consumption and off-setting that against his/her contracted volume.
  
   
• 38. 

  Distribution costs are relatively significant. For gas, total investments in gas distribution will typically be twice as high as in transmission. In a country without gas production, gas distribution investment can account for 70% to 80% of total investment in the supply chain to the end user.
  
   
• 39. 

  COM(2000) 769, p. 71.
  
   
• 40. 

  Under a standardised load profile, an assumption on the consumption of electricity of a type of small consumer is made, in volume and timing of demand. Any discrepancies with the profile are settled after periodic readings of the existing meter, eliminating the need for expensive minute-to-minute reading of the consumer's actual consumption and off-setting that against his/her contracted volume.
  
   
• 41. 

  OJ C
  
   
• 42. 

  Under a standardised load profile, an assumption on the consumption of electricity of a type of small consumer is made, in volume and timing of demand. Any discrepancies with the profile are settled after periodic readings of the existing meter, eliminating the need for expensive minute-to-minute reading of the consumer's actual consumption and off-setting that against his/her contracted volume.
  
   
• 43. 

  OJ C
  
   
• 44. 

  COM(2000) 769, p. 71.
  
   
• 45. 

  Under a standardised load profile, an assumption on the consumption of electricity of a type of small consumer is made, in volume and timing of demand. Any discrepancies with the profile are settled after periodic readings of the existing meter, eliminating the need for expensive minute-to-minute reading of the consumer's actual consumption and off-setting that against his/her contracted volume.
  
   
• 46. 

  OJ L 144, 4.6.1997, p. 19.
  
   
• 47. 

  OJ L 95, 21.4.1993, p. 29.
  
   
• 48. 

  OJ L 115, 17.4.1998, p. 31.
  
   
• 49. 

  OJ L 144, 4.6.1997, p. 19.
  
   
• 50. 

  OJ L 95, 21.4.1993, p. 29.
  
   
• 51. 

  OJ L 115, 17.4.1998, p. 31.
  
   
• 52. 

  Before taking a decision, the Commission consults the committee, which delivers an opinion of which the Commission shall take utmost account.
  
   
• 53. 

  Unlike in case of an advisory committee, under a regulatory committee procedure the Commission can be forced to incorporate the committee's opinion in the intended decision.
  
   
• 54. 

  Proposal from the Commission for a Directive of the European Parliament and of the Council amending Directives 96/92/EC and 98/30/EC concerning common rules for the internal market in electricity and natural gas.
  
   
• 55. 

  In a simulation, it has been shown, for instance, that in case of a transport of 1 000 MW from Northern France only around 60% of the electricity reaches Italy 'directly', i.e. by crossing the French-Italian border or through Switzerland. The remainder reaches Italy 'indirectly' causing flows on the network in Belgium, the Netherlands, Germany, Austria and Slovenia.
  
   
• 56. 

  Under a standardised load profile, an assumption on the consumption of electricity of a type of small consumer is made, in volume and timing of demand. Any discrepancies with the profile are settled after periodic readings of the existing meter, eliminating the need for expensive minute-to-minute reading of the consumer's actual consumption and off-setting that against his/her contracted volume.
  
   
• 57. 

  The Gas and Electricity Directives require only accounting unbundling at distribution level together with measures to ensure the non-disclosure of commercially sensitive information.
  
   
• 58. 

  Distribution costs are relatively significant. For gas, total investments in gas distribution will typically be twice as high as in transmission. In a country without gas production, gas distribution investment can account for 70% to 80% of total investment in the supply chain to the end user.
  
   
• 59. 

  OJ C
  
   
• 60. 

  COM(2000) 769, p. 71.
  
   
• 61. 

  OJ C
  
   
• 62. 

  It should be noted that in the technical jargon the term 'congestion' is often also used to describe a situation of lack of capacity within a national transmission system.
  
   
• 63. 

  Resolution Liberalisation of energy markets A5-0180/2000 of 6 July 2000.
  
   
• 64. 

  Under a system of market splitting, the optimal use of the interconnection is determined on the basis of a comparison of market prices prevailing in the interconnected markets concerned.
  
   
• 65. 

  OJ C
  
   
• 66. 

  Resolution Liberalisation of energy markets A5-0180/2000 of 6 July 2000.
  
   
• 67. 

  OJ C
  
   
• 68. 

  COM(2000) 769, p. 71.
  
   
• 69. 

  Under a standardised load profile, an assumption on the consumption of electricity of a type of small consumer is made, in volume and timing of demand. Any discrepancies with the profile are settled after periodic readings of the existing meter, eliminating the need for expensive minute-to-minute reading of the consumer's actual consumption and off-setting that against his/her contracted volume.
  
   
• 70. 

  The Gas and Electricity Directives require only accounting unbundling at distribution level together with measures to ensure the non-disclosure of commercially sensitive information.
  
   
• 71. 

  Distribution costs are relatively significant. For gas, total investments in gas distribution will typically be twice as high as in transmission. In a country without gas production, gas distribution investment can account for 70% to 80% of total investment in the supply chain to the end user.
  
   
• 72. 

  Gas offtake varies for all customers greatly, both within a single day and between seasons during the year. Gas supply, however, is more constant as gas producers wish to maximise the capacity usage of their pipeline infrastructure. Non-discriminatory access to flexibility instruments such as storage may therefore be crucial for an efficient access to the overall gas system and for ensuring a level playing field between incumbent utilities having significant storage facilities at their disposal and new entrants and customers without such facilities.
  
   
• 73. 

  For gas, the following Member States have either a system of negotiated access, or a hybrid published/negotiated system: Austria, Belgium (who, however, recently decided to change to regulated TPA), Denmark, France, Germany and The Netherlands.
  
   
• 74. 

  COM(2000) 769, p. 71.
  
   
• 75. 

  COM(2000) 769, p. 71.
  
   
• 76. 

  COM(2000) 769, p. 71.
  
   
• 77. 

  The Gas and Electricity Directives require only accounting unbundling at distribution level together with measures to ensure the non-disclosure of commercially sensitive information.
  
   
• 78. 

  Distribution costs are relatively significant. For gas, total investments in gas distribution will typically be twice as high as in transmission. In a country without gas production, gas distribution investment can account for 70% to 80% of total investment in the supply chain to the end user.
  
   
• 79. 

  COM(2000) 769, p. 71.
  
   
• 80. 

  The Gas and Electricity Directives require only accounting unbundling at distribution level together with measures to ensure the non-disclosure of commercially sensitive information.
  
   
• 81. 

  COM(2000) 769, p. 71.
  
   
• 82. 

  COM(2000) 769, p. 71.
  
   
• 83. 

  COM(2000) 769, p. 71.
  
   
• 84. 

  Appropriate provisions to ensure these basic rights can be found in Article 17 of the Commission proposal for a Directive of the European Parliament and of the Council on universal service and users' rights relating to electronic communications networks and services, COM(2000) 392 of 12 July 2000.
  
   
• 85. 

  The Gas and Electricity Directives require only accounting unbundling at distribution level together with measures to ensure the non-disclosure of commercially sensitive information.
  
   
• 86. 

  The Gas and Electricity Directives require only accounting unbundling at distribution level together with measures to ensure the non-disclosure of commercially sensitive information.
  
   
• 87. 

  Distribution costs are relatively significant. For gas, total investments in gas distribution will typically be twice as high as in transmission. In a country without gas production, gas distribution investment can account for 70% to 80% of total investment in the supply chain to the end user.
  
   
• 88. 

  OJ C
  
   
• 89. 

  OJ C
  
   
• 90. 

  OJ C
  
   
• 91. 

  OJ C
  
   
• 92. 

  OJ C
  
   
• 93. 

  OJ C
  
   
• 94. 

  OJ L 27, 30.1.1997, p. 20.
  
   
• 95. 

  OJ L 204, 21.7.1998, p. 1.
  
   
• 96. 

  OJ L 313, 13.11.1990, p. 30; Directive as last amended by Commission Directive 98/75/EC (OJ L 276, 13.10.1998, p.
  
  9).
  
   
• 97. 

  OJ L 147, 12.6.1991, p. 37; Directive as last amended by Commission Directive 95/49/EC (OJ L 233, 30.9.1995, p. 86).
  
   
• 98. 

  Appropriate provisions to ensure these basic rights can be found in Article 17 of the Commission proposal for a Directive of the European Parliament and of the Council on universal service and users' rights relating to electronic communications networks and services, COM(2000) 392 of 12 July 2000.
  
   
• 99. 

  OJ L 95, 21.4.1993, p. 29.
  
   
• 100. 

  Under a standardised load profile, an assumption on the consumption of electricity of a type of small consumer is made, in volume and timing of demand. Any discrepancies with the profile are settled after periodic readings of the existing meter, eliminating the need for expensive minute-to-minute reading of the consumer's actual consumption and off-setting that against his/her contracted volume.
  
   
• 101. 

  Distribution costs are relatively significant. For gas, total investments in gas distribution will typically be twice as high as in transmission. In a country without gas production, gas distribution investment can account for 70% to 80% of total investment in the supply chain to the end user.
  
   
• 102. 

  Under a standardised load profile, an assumption on the consumption of electricity of a type of small consumer is made, in volume and timing of demand. Any discrepancies with the profile are settled after periodic readings of the existing meter, eliminating the need for expensive minute-to-minute reading of the consumer's actual consumption and off-setting that against his/her contracted volume.
  
   
• 103. 

  Distribution costs are relatively significant. For gas, total investments in gas distribution will typically be twice as high as in transmission. In a country without gas production, gas distribution investment can account for 70% to 80% of total investment in the supply chain to the end user.
  
   
• 104. 

  COM(2000) 769, p. 71.
  
   
• 105. 

  Under a standardised load profile, an assumption on the consumption of electricity of a type of small consumer is made, in volume and timing of demand. Any discrepancies with the profile are settled after periodic readings of the existing meter, eliminating the need for expensive minute-to-minute reading of the consumer's actual consumption and off-setting that against his/her contracted volume.
  
   
• 106. 

  OJ C
  
   
• 107. 

  Under a standardised load profile, an assumption on the consumption of electricity of a type of small consumer is made, in volume and timing of demand. Any discrepancies with the profile are settled after periodic readings of the existing meter, eliminating the need for expensive minute-to-minute reading of the consumer's actual consumption and off-setting that against his/her contracted volume.
  
   
• 108. 

  OJ C
  
   
• 109. 

  COM(2000) 769, p. 71.
  
   
• 110. 

  Under a standardised load profile, an assumption on the consumption of electricity of a type of small consumer is made, in volume and timing of demand. Any discrepancies with the profile are settled after periodic readings of the existing meter, eliminating the need for expensive minute-to-minute reading of the consumer's actual consumption and off-setting that against his/her contracted volume.
  
   
• 111. 

  OJ L 144, 4.6.1997, p. 19.
  
   
• 112. 

  OJ L 95, 21.4.1993, p. 29.
  
   
• 113. 

  OJ L 115, 17.4.1998, p. 31.
  
   
• 114. 

  OJ L 144, 4.6.1997, p. 19.
  
   
• 115. 

  OJ L 95, 21.4.1993, p. 29.
  
   
• 116. 

  OJ L 115, 17.4.1998, p. 31.
  
   
• 117. 

  Before taking a decision, the Commission consults the committee, which delivers an opinion of which the Commission shall take utmost account.
  
   
• 118. 

  Unlike in case of an advisory committee, under a regulatory committee procedure the Commission can be forced to incorporate the committee's opinion in the intended decision.
  
   
• 119. 

  Proposal from the Commission for a Directive of the European Parliament and of the Council amending Directives 96/92/EC and 98/30/EC concerning common rules for the internal market in electricity and natural gas.
  
   
• 120. 

  In a simulation, it has been shown, for instance, that in case of a transport of 1 000 MW from Northern France only around 60% of the electricity reaches Italy 'directly', i.e. by crossing the French-Italian border or through Switzerland. The remainder reaches Italy 'indirectly' causing flows on the network in Belgium, the Netherlands, Germany, Austria and Slovenia.
  
   
• 121. 

  Under a standardised load profile, an assumption on the consumption of electricity of a type of small consumer is made, in volume and timing of demand. Any discrepancies with the profile are settled after periodic readings of the existing meter, eliminating the need for expensive minute-to-minute reading of the consumer's actual consumption and off-setting that against his/her contracted volume.
  
   
• 122. 

  The Gas and Electricity Directives require only accounting unbundling at distribution level together with measures to ensure the non-disclosure of commercially sensitive information.
  
   
• 123. 

  Distribution costs are relatively significant. For gas, total investments in gas distribution will typically be twice as high as in transmission. In a country without gas production, gas distribution investment can account for 70% to 80% of total investment in the supply chain to the end user.
  
   
• 124. 

  OJ C
  
   
• 125. 

  COM(2000) 769, p. 71.
  
   
• 126. 

  OJ C
  
   
• 127. 

  It should be noted that in the technical jargon the term 'congestion' is often also used to describe a situation of lack of capacity within a national transmission system.
  
   
• 128. 

  Resolution Liberalisation of energy markets A5-0180/2000 of 6 July 2000.
  
   
• 129. 

  Under a system of market splitting, the optimal use of the interconnection is determined on the basis of a comparison of market prices prevailing in the interconnected markets concerned.
  
   
• 130. 

  OJ C
  
   
• 131. 

  Deze databank van de Europese Unie biedt de mogelijkheid de actuele werkzaamheden (workflow) van de Europese instellingen (Europees Parlement, Raad, ESC, Comité van de Regio's, Europese Centrale Bank, Hof van Justitie enz.) te volgen. EURlex volgt alle voorstellen (zoals wetgevende en begrotingsdossiers) en mededelingen van de Commissie, vanaf het moment dat ze aan de Raad of het Europees Parlement worden voorgelegd.
   
• 132. 

  EUR-lex provides an overview of the proposal, amendments, citations and legality.