COMMISSION DECISION

of 15 November 2012

setting up the Electricity Coordination Group

2012/C 353/02

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Whereas:

(1) Article 194(1) of the Treaty establishes the objectives of ensuring the functioning of the energy market and the security of energy supply in the Union, the promotion of energy efficiency, energy saving, the development of new and renewable forms of energy and the interconnection of energy networks in a spirit of solidarity.

(2) Directive 2005/89/EC of the European Parliament and of the Council of 18 January 2006 concerning measures to safeguard security of electricity supply and infrastructure investment(1) requires Member States to ensure a high level of security of electricity supply and to take into account possibilities for cross-border cooperation for this purpose. It is the Commission's responsibility to monitor and review its application.

(3) Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC(2) provides for detailed rules on the internal electricity market. These rules aim,

inter alia

, at the further developing cross-border interconnections and ensuring a high standard of security of electricity supply.

(4) Directive 2009/72/EC entrusts regulatory authorities with the task to monitor compliance with network security and reliability rules and investments in generation capacity in relation to security of supply. In accordance with Regulation (EC) No 713/2009(3), the Agency for the Cooperation of Energy Regulators shall assist the regulatory authorities, where necessary coordinate their action and monitor the execution of the tasks of the European Network of Transmission System Operators for Electricity (‘ENTSO-E’).

(5) Directive 2009/72/EC furthermore provides that transmission system operators shall be responsible for ensuring a secure, reliable and efficient electricity system, while Regulation (EC) No 714/2009(4) entrusts ENTSO-E with the task to adopt tools to ensure coordination of network operation in normal and emergency conditions and to produce regularly a European generation adequacy outlook.

(6) Under Directive 2009/72/EC Member States, as well as the regulatory authorities, are obliged to cooperate with each other and with the Commission for the purpose of integrating their national markets, as a first step towards the creation of a fully liberalised internal market. The Commission monitors the implementation of the provisions of Directive 2009/72/EC(5).

(7) The increasing production of electricity from renewable energy sources leads to new challenges for the internal electricity market, notably with respect to grid stability and security of electricity supply. Increased coordination of policy measures related to the internal electricity market between Member States, other involved stakeholders and the Commission is crucial for the success of the integration of European electricity markets and the maintenance of a high standard of security of electric supply.

(8) The Commission has therefore launched several meetings of high-level representatives from competent Member State authorities, national energy regulators, ENTSO-E and the Agency for the Cooperation of Energy Regulators (‘the Agency’) to exchange views and feed into its policy thinking on electricity security of supply matters, including grid stability and generation adequacy. These first activities and the idea of an Electricity Coordination Group were discussed at the informal Energy Council in Wroclaw in September 2011 and in the meetings of the Transport, Telecommunications and Energy Council in November 2011 and February 2012 meeting.

(9) These meetings of high level representatives have proven to be very useful for the Commission and all involved stakeholders. They provided valuable insights into internal electricity market and security of supply issues and allowed to discuss different possible solutions to address the existing problems. They highlighted in particular the need to address the new challenges relating to integrated electricity markets on a European level.

(10) It is therefore appropriate to formalise this group of experts in the field of electricity and to define its tasks and its structure.

(11) The group should help to strengthen and intensify the cooperation and coordination between Member States and the Commission in the field of cross-border trade of electricity and security of supply issues, including generation adequacy and grid stability, and also to prepare potential new policy initiatives and react to potential supply crises.

(12) The Electricity Coordination Group should provide the Commission and its members with the necessary policy expertise for initiatives aimed at preserving and enhancing market integration and security of electricity supply.

(13) The Group should be composed of the Member States' competent authorities (ministry competent for electricity and national regulatory authority), of ENTSO-E and of the Agency. Rules on disclosure of information by members of the group should be laid down.

(14) Personal data relating to the members of the Group should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data(6),

HAS ADOPTED THIS DECISION:

Article 1

Establishment of the Electricity Coordination Group

The Electricity Coordination Group, hereinafter referred to as ‘the Group’, is hereby set up.

Article 2

Tasks of the Group

1. The Group's tasks shall be:

(a) to serve as a platform for the exchange of information and coordination of electricity policy measures having a cross-border impact and for the exchange of experiences, best practices and expertise and also to assist the Commission in designing its policy initiatives;

(b) to facilitate the exchange of information and cooperation regarding security of supply in electricity, including generation adequacy and cross-border grid stability.

2. The Group shall in particular:

(a) exchange information on decisions regarding generation and transmission and their potential consequences for cross-border trade and grid stability cross-borders;

(b) discuss specific issues raising concerns on grid stability and/or generation adequacy with a view to come to co-ordinated solutions in line with the internal energy market;

(c) review the regular adequacy outlooks prepared by ENTSO-E, in particular where such reports indicate a potential risk to security of supply;

(d) promote the exchange of information, prevention and coordinated action in case of an emergency within the Union and with third countries.

Article 3

Consultation

The Commission may consult the Group on any matter relating to electricity and, in particular, security of electricity supply.

Article 4

Composition of the Group

1. The Group shall be composed of the following members:

(a) Member States' authorities, in particular Ministries competent for energy;

(b) the National Regulatory Authorities for energy;

(d) the European Network of Transmission System Operators for Electricity (‘The ENTSO for Electricity’) established by Regulation (EC) No 714/2009(8).

2. Each of the members shall nominate not more than two permanent representatives and two alternates to participate in the work of the Group. One of the permanent representatives of the Member State shall be the Head of the Government Department for energy. One of the permanent representatives of the national regulatory authorities shall be its Director-General or President. One of the permanent representatives nominated by the Agency shall be the Director. One of the permanent representatives nominated by ENTSO-E shall be the Secretary-General. Alternates shall be appointed in accordance with the same conditions as members; alternates automatically replace any members who are absent or indisposed.

3. During an emergency situation at Union, Member State or regional level, or in other exceptional situations, the members of the Group may request the Commission to appoint more than two representatives to participate in the work of the Group.

4. The names of members as well as the names of members' permanent representatives and of the alternates of the members of the Group, and of the observers shall be published in the Register of Commission expert groups and other similar entities (‘the Register’)(9).

5. Each Member of the Electricity Coordination Group shall register via internet (‘CIRCABC’ website(10)) and ensure that its membership status is up-to-date.

6. Personal data shall be collected, processed and published in accordance with Regulation (EC) No 45/2001.

Article 5

Operation

1. The Group shall be chaired by a representative of the Commission (‘the Chairman’).

2. The Chairman shall convene the Group on a regular basis and shall share with the Group information received from its members whilst preserving the confidentiality of commercially sensitive information.

3. In agreement with the Commission services, the Group may set up sub-groups to examine specific questions on the basis of terms of reference defined by the Group. Such sub-groups shall be dissolved as soon as their mandates are fulfilled.

4. The Commission’s representative may invite experts from outside the group with specific competence in a subject on the agenda, such as representatives of producer or consumer organisations or third countries, to participate in the work of the group or sub-group on an ad hoc basis. In addition, the Commission’s representative may give observer status to individuals, organisations as defined in Rule 8(3) of the horizontal rules on expert groups and candidate countries.

5. Members of expert groups and their representatives, as well as invited experts and observers, shall comply with the obligations of professional secrecy laid down by the Treaties and their implementing rules, as well as with the Commission's rules on security regarding the protection of EU classified information, laid down in the Annex to Commission Decision 2001/844/EC(11), ECSC, Euratom. Should they fail to respect these obligations, the Commission may take all appropriate measures.

6. The meetings of the Group and its sub-groups shall, in principle, take place on Commission premises. The Commission shall provide secretarial support. Other Commission services and the European External Action Service may be invited to the meetings of the Group and its sub-groups when directly concerned by the matters to be discussed.

7. Without prejudice to paragraph 6 of this Article, the Commission shall make all relevant work documents available to the Group members via a collaborative workspace with partners of the European Union (‘CIRCA’ website). In addition, the Commission publishes all relevant documents either by including it in the Register or via a link from the Register to a dedicated website. Exceptions to systematic publication should be foreseen where disclosure of a document would undermine the protection of a public or private interest as defined in Article 4 of Regulation (EC) No 1049/2001.

Article 6

Meeting expenses

1. Participants in the activities of the Group and sub-groups shall not be remunerated for the services they render.

2. Travel expenses incurred by one representative of each Member State and the national regulatory authority shall be reimbursed by the Commission in accordance with the provisions in force within the Commission.

3. Those expenses shall be reimbursed within the limits of the available appropriations allocated under the annual procedure for the allocation of resources.

Done at Brussels, 15 November 2012.

For the Commission

Günther OETTINGER

Member of the Commission

(1)

OJ L 33, 4.2.2006, p. 22

(2)

OJ L 211, 14.8.2009, p. 55

(3)

OJ L 211, 14.8.2009, p. 1

(4)

OJ L 211, 14.8.2009, p. 15

(5) See in particular with respect to security of supply issues Article 47(1)(c) of Directive 2009/72/EC (monitoring). The Commission also has to evaluate security of supply issues in the context of certification decisions (see Article 11(7) of Directive 2009/72/EC) and is encouraged to submit recommendations to negotiate relevant agreements with third countries addressing security of supply (see recital (25) of Directive 2009/72/EC).

(6)

OJ L 8, 12.1.2001, p. 1

(7) See footnote 3.

(8) See footnote 4.

(9) Members who do not wish to have their names disclosed may apply for derogation from this rule. The request not to disclose the name of a member of an expert group shall be considered justified whenever publication could endanger his or her security or integrity or unduly prejudice his or her privacy.

(10) CIRCABC stands for ‘Communication & Information Resource Centre for Administrations, Businesses and Citizens’.

(11)

OJ L 317, 3.12.2001, p. 1