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EU & WBs / Albania Energy Regulatory Updates

Presentation of Albanian Centre for Energy Regulation and Conservation - ACERC

Acerc is a think tank centre with a focus on the Albania energy market and its integration in Regional & IEM. The Acerc mission based on the in-depth knowledge of EU and Regional Energy Law and Policy and strives to provide aqualified contribution to the promotion of the liberalization and effective integration as well as efficient use of energy resources.

Acerc main activities consists in build-up collaborationand support to market players in the market researches such as the release of reports, articles and periodicals. Activity accompanied with the offering of the support in capacity building through national and regional seminars, trainings and conferences. Initiatives aims to enable in advocating in the energy sector promoting a forum called in Albanian School of Regulation.

For more visit us at the Official Website of Acerc | Albanian Energy Market - AEM Group in LinkedIn

Secretariat issues its Opinion on the Albanian regulatory authority’s certification of TAP, 11 Feb 2016

AER Notice 2015 Posted on Thu, February 11, 2016 21:15:40

Today the Energy Community Secretariat published its first Opinion on the certification of a transmission system operator under the Third Energy Package. The Opinion agrees with certification of TAP AG now and invites ERE, the Albanian regulatory authority, to open a new certification procedure once TAP becomes operational.

The certification of TAP AG relates to a rather untypical unbundling case: different from operators of already existing infrastructure, TAP AG’s unbundling regime is based on an earlier regulatory decision exempting the project from certain provisions of the Third Package, including from ownership unbundling. Instead, an independent transmission operator (ITO) model was imposed on TAP.

In the Secretariat’s opinion, ERE was correct in following a “rule of reason” approach in the interpretation of the GAS Directive’s ITO rules at a point in time when the pipeline is still under construction and the risk of conflicts of interests between TAP AG’ transmission activities and its shareholders’ activities in gas production and supply is low. For reasons of legal certainty, the Secretariat invites ERE to verify TAP AG’s compliance with the ITO rules again in the course of a new certification procedure once TAP’s situation has changed significantly, namely after construction and the start of operation.

In its Opinion, the Secretariat took into account the Opinion issued by the European Commission on the corresponding certification decision issued by the Greek and Italian regulatory authority, as well as the Opinion issued by the Energy Community Regulatory Board.



ECS transfers complaint against Nord Stream 2 project to European Commission, 05 Jan 2016

AER Notice 2015 Posted on Tue, January 05, 2016 19:31:45

Today, the Energy Community Secretariat passed on to the European Commission a complaint submitted by the Ukrainian National Joint Stock Company Naftogaz of Ukraine under Article 90 of the Energy Community Treaty.

The complaint concerns the alleged violation of Energy Community law by the so-called ‘Nord Stream 2’ pipeline project.

The complaint was transferred on the basis of Procedural Act No 2008/01/MC-EnC of the Energy Community Ministerial Council on the Rules of Procedure for Dispute Settlement under the Treaty, as amended.

This provision requires cases concerning the alleged failure of EU Member States with EU legislation to be dealt with by the European Commission.



Secretariat requests four Contracting Parties to rectify failure to impose legislative thresholds on sulphur content of liquid fuels, 21 Dec 2015

AER Notice 2015 Posted on Wed, December 23, 2015 14:07:20

Today the Energy Community Secretariat submitted four Reasoned Opinions as the next step in the dispute settlement cases against Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Serbia and Ukraine. In one case, namely for the former Yugoslav Republic of Macedonia, the only remaining issue is the missing sampling and analysis of the fuels as required by Energy Community law. For Ukraine, non-compliance involves the lack of a binding national law to ensure that the sulphur content of liquid fuels does not exceed the limits set by Directive 1999/32/EC. In Bosnia and Herzegovina and Serbia, non-compliance is triggered by a combination of both issues.

Directive 1999/32/EC requires that heavy fuel oil (mazout) is only allowed to be put on the market with a maximum sulphur content of 1% in the Contracting Parties. In the case of gas oil (heating oil), a 0.1% threshold applies. The Directive also establishes that the sampling and analysis of these fuels take place according to ISO standards.

According to the Rules of Procedure for Dispute Settlement, parties with a legitimate interest in the case are granted access to the case file. All requests for information on this case should be addressed to Dr Dirk Buschle, Legal Counsel and Deputy Director, +43 (0) 664 849 8047, and should refer to the case number ECS-2/13 (Bosnia and Herzegovina), ECS-3/13 (the former Yugoslav Republic of Macedonia), ECS-4/13 (Serbia) or ECS-5/13 (Ukraine).



EU Parliament defines Energy Community as integral part of the Energy Union and pivotal arm of EU’s external energy policy, 16 Dec 2015

AER Notice 2015 Posted on Sun, December 20, 2015 18:26:52

In a resolution adopted on 15 December, the European Parliament invites the Commission to come forward with concrete proposals based on the Report of the High Level Reflection Group to further reform the Energy Community in order to establish a true pan-European Energy Community. The focus should be better governance and enhancement of Energy Community institutions, including the establishment of an Energy Community Parliamentary Assembly.

The resolution titled “Towards a European Energy Union” calls on the Commission, the Secretariat, the EU Member States and Contracting Parties to, among others, strengthen the Energy Community’s activities through better implementation and enforcement of EU law and concentrate their efforts on implementing key infrastructure projects in order to establish the free flow of energy across EU and Energy Community countries and improve security of energy supply.



The Board of Appeal dismisses as inadmissible the appeals brought by E-Control and Austrian Power Grid seeking the annulment of ACER’s Opinion No 09/2015

AER Notice 2015 Posted on Sun, December 20, 2015 18:01:07

On 23 November 2015, the Board of Appeal received two
appeals, lodged by the Austrian energy regulator E-Control and by the Austrian
Power Grid (APG), seeking the annulment of ACER (the Agency) ’s Opinion No
09/2015 of 23 September 2015 on the compliance of National Regulatory
Authorities (NRAs)’ decisions, approving the methods of allocation of
cross-border electricity transmission capacity in the Central-East Europe (CEE)
region, with Regulation (EC) No 714/2009.

The Opinion was adopted having regard to the
respective provisions of Regulation (EC) No 713/2009 of 13 July 2009 (the ACER
Regulation) and, in particular, Articles 7(4) and 17(3) thereof. In the Opinion,
the Agency concluded that there is currently structural congestion on the
DE-PL, DE-CZ and CZ-AT interconnectors as well as on network elements within
Germany, that the cross-border exchanges between Austria and Germany are
physically realised partly through those structurally congested interconnectors
and internal network elements, and that they have a significant impact on those
structural congestions.

Therefore, the German-Austrian interconnector should
be considered to be usually and structurally congested according to Regulation
714/2009 on conditions for access to the network for cross-border exchanges in
electricity. According to the Opinion, it thus requires the implementation of a
capacity allocation method, in accordance with the Guidelines.

Therefore, the Agency invited the CEE National
Regulatory Agencies (NRAs) and Transmission System Operators (TSOs) to commit,
within the following four months, to the implementation of a coordinated capacity
allocation procedure on the German-Austrian border. The German and the Austrian
NRAs and TSOs were also invited to evaluate whether additional interim measures
coordinated at regional level are needed until a coordinated capacity
allocation procedure on the German-Austrian border is implemented.

The appeals by E-Control and APG were directed in
particular against the establishment of such a capacity allocation procedure on
the German / Austrian border, arguing inter alia that such a procedure would artificially
split the currently integrated electricity market between Germany and Austria
and require the respective NRAs to limit cross border flows of electricity
between Austria and Germany.

The appeals have been registered under the case
numbers A-001-2015 and A-002-2015.

Applications for leave to intervene in support of
E-Control were filed by Osterreichs E-Wirtschaft, Vereinigung der
Österreichischen Industrie (the Federation of Austrian Industries), VERBUND AG,
the European Federation of Energy Traders, Mondi AG and EXAA Abwicklungsstelle
für Energieprodukte AG.

An application for leave to intervene was also filed
in support of both E-Control and APG by Wirtschaftskammer Österreich. Applications
for leave to intervene in support of the Agency were filed in both cases by the
Regulatory Office for Network Industries of Slovakia, Polski Komitet Energii
Elektrycznej (Polish Electricity Association – PKEE), Polskie Sieci
Elektroenergetyczne Spółka Akcyjna (PSE SA); Towarzystwo Obrotu Energią (TOE, Polish
Association for Energy Trading), and the President of the Polish Energy
Regulatory Office – ERO)(Urzad Regulacji Energetyki – URE).

Regulation (EC) No 713/2009 governing ACER limits
reviews by its Board of Appeal to appeals against ACER individual decisions or
measures having equivalent legal effects. As regards the two appeals, the Board
of Appeal found that even if the Agency not only adopted an Opinion on
compliance with the existing Guidelines but also invited the NRAs concerned to
adopt very concrete and specific measures such as the implementation of a
capacity allocation procedure within a detailed schedule, this does not
transform the Opinion into a binding measure with direct legal effects.

Even if the Board of Appeal fully appreciates the importance
of the issues raised, the Opinion therefore does not fall under the power of
review of the Board of Appeal. Therefore, the Board of Appeal has dismissed the
applications as inadmissible (and has therefore not given a ruling on the
substantial claims of both appeals nor on the applications for leave to
intervene and statements in intervention lodged in both cases).

The non-confidential version of the decisions will be
made available under the case numbers A-001-2015 and A-002-2015 on the Board of
Appeal website once any confidentiality issues have been resolved. Questions
should be directed to: BoA@acer.europa.eu



ECS Secretariat publishes first CESEC report on gas market integration, 18 Dec 2015

AER Notice 2015 Posted on Sun, December 20, 2015 00:11:36

Today the ECS Secretariat published its first monitoring report on the execution of the Action Plan under the Central and South-Eastern European Gas Connectivity (CESEC) Memorandum of Understanding on a “Joint approach to address the natural gas diversification and security of supply challenges”. Its signatories, which comprise the European Union, five Energy Community Contracting Parties* and nine EU Member States, committed to address gas market integration challenges and actively support the realisation of a limited number of key infrastructure projects.

The Energy Community Secretariat was invited to closely monitor the implementation of the Action Plan on a regular basis. The Secretariat’s monitoring report maps the countries’ progress with respect to defined actions, whose implementation is necessary for CESEC’s market integration objectives to be achieved. It also measures progress in the realisation of CESEC priority projects where a Contracting Party is involved.

The second follow-up report is scheduled to be published in February 2016.



MPs prepare for Energy Community Parliamentary Plenum, 15 Dec 2015

AER Notice 2015 Posted on Wed, December 16, 2015 20:12:50

Meeting in Vienna on 14 December, Members of Parliament of the eight Energy Community Contracting Parties gathered together to discuss the future work programme and procedural rules of the Energy Community Parliamentary Plenum. Established by a decision of the 2015 Energy Community Ministerial Council, the plenum will bring together two representatives from each national parliament of the Contracting Parties and up to 16 representatives of the European Parliament. The Parliamentary Plenum will formally begin its work following the appointment of European Parliament representatives.

In the evening, the Members of Parliament joined the Annual Debrief of the Energy Community Secretariat to the Diplomatic Corps. Ambassadors of the Energy Community Contracting Parties, Observers and EU Member States and other high-level guests also took part in the event.



EU Parliament defines Energy Community as integral part of the Energy Union and pivotal arm of EU’s external energy policy, 16 Dec 2015

AER Notice 2015 Posted on Wed, December 16, 2015 19:18:13

In a resolution adopted on 15 December, the European Parliament invites the Commission to come forward with concrete proposals based on the Report of the High Level Reflection Group to further reform the Energy Community in order to establish a true pan-European Energy Community. The focus should be better governance and enhancement of Energy Community institutions, including the establishment of an Energy Community Parliamentary Assembly.

The resolution titled “Towards a European Energy Union” calls on the Commission, the Secretariat, the EU Member States and Contracting Parties to, among others, strengthen the Energy Community’s activities through better implementation and enforcement of EU law and concentrate their efforts on implementing key infrastructure projects in order to establish the free flow of energy across EU and Energy Community countries and improve security of energy supply.

For more find at European Parliament Resolution



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