In July 2009, the 3rd Package was adopted by the European Union and published in the Official Journal of the European Communities on August 14, 2009. This package includes two directives on electricity and gas respectively, as well as three regulations on access rules to electricity and gas networks and the creation of the Agency for the Cooperation of Energy Regulators (ACER). These texts entered into force on March 3, 2011.
The 3rd Package defines a new European regulatory framework with Framework Guidelines and related codes to address certain topic areas for the integration of EU electricity and gas markets, enabling cross-border trade and competition to develop across EU energy markets. In this context, the Agency, in accordance with Article 6 (2) of Regulation (EC) No. 714/2009 has to submit to the Commission Framework Guidelines on System Operation by 31 December 2011.
These Framework Guidelines aim at setting out clear and objective principles for the development of network code(s) on system operation covering the complete area of activities for operating an electric power network, including security, control and quality in terms of fixed technical standards, principles and procedures, but also the synchronous operation of interconnected power systems.
These Framework Guidelines focus on issues of electric power system and network operation, covering the areas pursuant to Article 8 (6) (a), (d), (e) and (f) of Regulation (EC) No. 714/2009.
Invitation to respond:
According to Article 10 of Regulation (EC) No. 713/2009 establishing an Agency for the Cooperation of Energy Regulators, "in carrying out its tasks, in particular in the process of developing framework guidelines (...), the Agency shall consult extensively and at an early stage with market participants, transmission system operators, consumers, end-users and, where relevant, competition authorities, without prejudice to their respective competence, in an open and transparent manner, in particular when its tasks concern transmission system operators".
ACER invites all interested parties to answer the questionnaire related to the consultation paper (Framework Guidelines on System Operation) and/or to express their views on other aspects not raised in the questionnaire if necessary. Responses should be sent by email toconsultation2011E05@acer.europa.eu until 15 September 2011. Please note that for the sake of readability and better understanding of the background of the Framework Guidelines on System Operation, the Initial Impact Assessment is enclosed too, even though it is not a subject of consultation.
In order to benefit from the public consultation in the best way possible, ACER encourages stakeholders to provide constructive and comprehensive answers to each question. In particular, ACER promotes that large companies coordinate their answers internally, so that the submission received by ACER gives a clear message about the policy option the stakeholders wish to represent.
Following the public consultation period, ACER will publish all answers received from stakeholders. If a respondent would like ACER to treat its contribution with confidentiality, this must be explicitly mentioned in its submission. Stakeholders shall also consider that confidential answers could be used in a limited way. ACER therefore advises stakeholders to claim confidentiality on commercially sensitive information and make sure that along the confidential answers a non-confidential version is also submitted.