Decision 2023/274 - EU position within the EU-UK Specialised Committee on Energy established under the Trade and Cooperation Agreement with the United Kingdom concerning the EU-UK electricity trading arrangements - Main contents
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Council Decision (EU) 2023/274 of 6 February 2023 on the position to be taken on behalf of the European Union within the EU-UK Specialised Committee on Energy established under the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, concerning the EU-UK electricity trading arrangements| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2023/274 |
| Regdoc number | ST(2023)5383 |
| Original proposal | COM(2022)651  |
| CELEX number i | 32023D0274 |
| Document | 06-02-2023; Date of adoption |
|---|---|
| Publication in Official Journal | 09-02-2023; OJ L 39 p. 56-60 |
| Effect | 06-02-2023; Entry into force Date of document See Art 2 |
| End of validity | 31-12-9999 |
9.2.2023 |
EN |
Official Journal of the European Union |
L 39/56 |
COUNCIL DECISION (EU) 2023/274
of 6 February 2023
on the position to be taken on behalf of the European Union within the EU-UK Specialised Committee on Energy established under the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, concerning the EU-UK electricity trading arrangements
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 194(1), in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) |
On 29 April 2021, the Council adopted Decision (EU) 2021/689 (1) on the conclusion of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (2) (the ‘Trade and Cooperation Agreement’). The Trade and Cooperation Agreement has been applied provisionally as of 1 January 2021 and entered into force on 1 May 2021. |
(2) |
Pursuant to Article 8(4), point (c), of the Trade and Cooperation Agreement, the Specialised Committee on Energy (the ‘Specialised Committee’) may adopt decisions and recommendations in respect of all matters where the Trade and Cooperation Agreement or any supplementing agreement so provides or for which the Partnership Council has delegated powers to it, on issues related to its area of competence. Pursuant to Article 10(2) of the Trade and Cooperation Agreement, a committee is to adopt decisions and make recommendations by mutual consent. |
(3) |
Article 311(1) of the Trade and Cooperation Agreement requires each Party to ensure that capacity allocation and congestion management on electricity interconnectors is market based, transparent and non-discriminatory. The Parties should address, among others and as appropriate, capacity calculation, congestion management and trading arrangements for all relevant timeframes, including the day ahead timeframe. Pursuant to Article 311(1), point (f), in conjunction with Article 311(2) of the Trade and Cooperation Agreement, each Party is to ensure that capacity allocation and congestion management across electricity interconnectors is coordinated between the Union and United Kingdom transmission system operators for electricity (the ‘TSOs’) for all relevant timeframes while such coordination is not to involve or imply participation of the latter in relevant Union procedures. |
(4) |
Article 312(1) of the Trade and Cooperation Agreement requires that for capacity allocation and congestion management at the day ahead stage, the Specialised Committee take, as a matter of priority, the necessary steps in accordance with Article 317 to ensure that TSOs develop arrangements setting out technical procedures for the day ahead timeframe. |
(5) |
On 22 January 2021, the Directorate-General for Energy of the European Commission and the Department for Business, Energy and Industrial Strategy of the United Kingdom Government provided a preliminary recommendation to the TSOs, in advance of the commencement of work by the Specialised Committee. Concerning capacity calculation and allocation for the day-ahead timeframe, the preliminary recommendation invited TSOs to prepare a day-ahead target model based on the concept of ‘multi-region loose volume coupling’ in accordance with Article 312(1), Article 317(2) and (3) and Annex 29 to the Trade and Cooperation Agreement. Concerning capacity calculation and allocation for timeframes other than the day ahead timeframe, the preliminary recommendation invited the TSOs of the Parties to jointly prepare a proposal for a... |
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