Regulation (EC) 1228/2003 Compliance Monitoring, Second Report 2008
At the XIV Florence Forum in September 2007, the first Monitoring Report on Compliance with the Regulation and CM Guidelines prepared by ERGEG (First Compliance Report), was presented. The key findings of the First Compliance Report indicated that compliance has not been achieved.
The XIV Florence Forum requested ERGEG resolve any outstanding issues regarding the interpretation of legal requirements in the Regulation and CM Guidelines, in order to enable better and more precise monitoring and reporting in the Second Compliance Report. The Forum also concluded that the Second Compliance Report should be more specific and should allow European Commission to identify clearly to what extent the legal provisions of the Regulation and CM Guidelines have been met in Member States .
The key findings of the Second Compliance Report show that the Regulation and the CM Guidelines have not yet been fully implemented. However, it should be acknowledged that much progress has been made since the First Compliance Report, especially within the realm of the Regional Initiatives, which specifically are working to find solutions to the requirements set by the Regulation and the annexed CM Guidelines. The changes that are needed in processes applied by NRAs, TSOs and other stakeholders involved will take time and in some cases also amendments are needed in national legislation.
Since the changes and improvements required are of a complex nature and will depend on participation and full commitment of many European stakeholders, it is necessary to achieve a wide understanding along the common lines of what needs to be done, when and by whom to improve the situation.
ERGEG therefore invites proposals from all stakeholders on the following issues:
Most effective and rapid actions achieving compliance where non-compliance and deviations from the legal provisions in the Regulation and the CM Guidelines have been identified.
Suggestions on any further needs for more precise and detailed provisions in the Regulation and the CM Guidelines, possibly also beyond the findings in the Second Compliance Report
Replies to this consultation should be received by 12 November 2008 and should be sent by email to firstname.lastname@example.org.
Following the end of the public consultation period, ERGEG will publish all comments and replies to questions received from stakeholders. If a respondent would like ERGEG to treat their contribution with confidentiality then this must be explicitly mentioned in their reply. Unless marked as confidential, all responses will be published by placing them on the ERGEG website: www.energy-regulators.eu.
Any other questions to this document should in the first instance be directed to: