Commission Regulation (EU) 2015/1222 of 24 July 2015 establishing a guideline on capacity allocation and congestion management (Text with EEA relevance)

Type Regulation
Publication 2015-07-24
State In force
Department European Commission
Source EUR-Lex
Reform history JSON API

TITLE I

GENERAL PROVISIONS

Article 1

Subject matter and scope

Article 2

Definitions

For the purposes of this Regulation, the definitions in Article 2 of Regulation (EC) No 714/2009, Article 2 of Commission Regulation (EU) No 543/2013 (1) and Article 2 of Directive 2009/72/EC of the European Parliament and of the Council (2) shall apply.

In addition, the following definitions shall apply:

1.

‘individual grid model’ means a data set describing power system characteristics (generation, load and grid topology) and related rules to change these characteristics during capacity calculation, prepared by the responsible TSOs, to be merged with other individual grid model components in order to create the common grid model;

2.

‘common grid model’ means a Union-wide data set agreed between various TSOs describing the main characteristic of the power system (generation, loads and grid topology) and rules for changing these characteristics during the capacity calculation process;

3.

‘capacity calculation region’ means the geographic area in which coordinated capacity calculation is applied;

4.

‘scenario’ means the forecasted status of the power system for a given time-frame;

5.

‘net position’ means the netted sum of electricity exports and imports for each market time unit for a bidding zone;

6.

‘allocation constraints’ means the constraints to be respected during capacity allocation to maintain the transmission system within operational security limits and have not been translated into cross-zonal capacity or that are needed to increase the efficiency of capacity allocation;

7.

‘operational security limits’ means the acceptable operating boundaries for secure grid operation such as thermal limits, voltage limits, short-circuit current limits, frequency and dynamic stability limits;

8.

‘coordinated net transmission capacity approach’ means the capacity calculation method based on the principle of assessing and defining ex ante a maximum energy exchange between adjacent bidding zones;

9.

‘flow-based approach’ means a capacity calculation method in which energy exchanges between bidding zones are limited by power transfer distribution factors and available margins on critical network elements;

10.

‘contingency’ means the identified and possible or already occurred fault of an element, including not only the transmission system elements, but also significant grid users and distribution network elements if relevant for the transmission system operational security;

11.

‘coordinated capacity calculator’ means the entity or entities with the task of calculating transmission capacity, at regional level or above;

12.

‘generation shift key’ means a method of translating a net position change of a given bidding zone into estimated specific injection increases or decreases in the common grid model;

13.

‘remedial action’ means any measure applied by a TSO or several TSOs, manually or automatically, in order to maintain operational security;

14.

‘reliability margin’ means the reduction of cross-zonal capacity to cover the uncertainties within capacity calculation;

15.

‘market time’ means central European summer time or central European time, whichever is in effect;

16.

‘congestion income’ means the revenues received as a result of capacity allocation;

17.

‘market congestion’ means a situation in which the economic surplus for single day-ahead or intraday coupling has been limited by cross-zonal capacity or allocation constraints;

18.

‘physical congestion’ means any network situation where forecasted or realised power flows violate the thermal limits of the elements of the grid and voltage stability or the angle stability limits of the power system;

19.

‘structural congestion’ means congestion in the transmission system that can be unambiguously defined, is predictable, is geographically stable over time and is frequently reoccurring under normal power system conditions;

20.

‘matching’ means the trading mode through which sell orders are assigned to appropriate buy orders to ensure the maximisation of economic surplus for single day-ahead or intraday coupling;

21.

‘order’ means an intention to purchase or sell energy or capacity expressed by a market participant subject to specified execution conditions;

22.

‘matched orders’ means all buy and sell orders matched by the price coupling algorithm or the continuous trade matching algorithm;

23.

‘nominated electricity market operator (NEMO)’ means an entity designated by the competent authority to perform tasks related to single day-ahead or single intraday coupling;

24.

‘shared order book’ means a module in the continuous intraday coupling system collecting all matchable orders from the NEMOs participating in single intraday coupling and performing continuous matching of those orders;

25.

‘trade’ means one or more matched orders;

26.

‘single day-ahead coupling’ means the auctioning process where collected orders are matched and cross-zonal capacity is allocated simultaneously for different bidding zones in the day-ahead market;

27.

‘single intraday coupling’ means the continuous process where collected orders are matched and cross-zonal capacity is allocated simultaneously for different bidding zones in the intraday market;

28.

‘price coupling algorithm’ means the algorithm used in single day-ahead coupling for simultaneously matching orders and allocating cross-zonal capacities;

29.

‘continuous trading matching algorithm’ means the algorithm used in single intraday coupling for matching orders and allocating cross-zonal capacities continuously;

30.

‘market coupling operator (MCO) function’ means the task of matching orders from the day-ahead and intraday markets for different bidding zones and simultaneously allocating cross-zonal capacities;

31.

‘clearing price’ means the price determined by matching the highest accepted selling order and the lowest accepted buying order in the electricity market;

32.

‘scheduled exchange’ means an electricity transfer scheduled between geographic areas, for each market time unit and for a given direction;

33.

‘scheduled exchange calculator’ means the entity or entities with the task of calculating scheduled exchanges;

34.

‘day-ahead market time-frame’ means the time-frame of the electricity market until the day-ahead market gate closure time, where, for each market time unit, products are traded the day prior to delivery;

35.

‘day-ahead firmness deadline’ means the point in time after which cross-zonal capacity becomes firm;

36.

‘day-ahead market gate closure time’ means the point in time until which orders are accepted in the day-ahead market;

37.

‘intraday market time-frame’ means the time-frame of the electricity market after intraday cross-zonal gate opening time and before intraday cross-zonal gate closure time, where for each market time unit, products are traded prior to the delivery of the traded products;

38.

‘intraday cross-zonal gate opening time’ means the point in time when cross-zonal capacity between bidding zones is released for a given market time unit and a given bidding zone border;

39.

‘intraday cross-zonal gate closure time’ means the point in time where cross-zonal capacity allocation is no longer permitted for a given market time unit;

40.

‘capacity management module’ means a system containing up-to-date information on available cross-zonal capacity for the purpose of allocating intra-day cross-zonal capacity;

41.

‘non-standard intraday product’ means a product for continuous intraday coupling not for constant energy delivery or for a period exceeding one market time unit with specific characteristics designed to reflect system operation practices or market needs, for example orders covering multiple market time units or products reflecting production unit start-up costs;

42.

‘central counter party’ means the entity or entities with the task of entering into contracts with market participants, by novation of the contracts resulting from the matching process, and of organising the transfer of net positions resulting from capacity allocation with other central counter parties or shipping agents;

43.

‘shipping agent’ means the entity or entities with the task of transferring net positions between different central counter parties;

44.

‘firmness’ means a guarantee that cross-zonal capacity rights will remain unchanged and that a compensation is paid if they are nevertheless changed;

45.

force majeure’ means any unforeseeable or unusual event or situation beyond the reasonable control of a TSO, and not due to a fault of the TSO, which cannot be avoided or overcome with reasonable foresight and diligence, which cannot be solved by measures which are from a technical, financial or economic point of view reasonably possible for the TSO, which has actually happened and is objectively verifiable, and which makes it impossible for the TSO to fulfil, temporarily or permanently, its obligations in accordance with this Regulation;

46.

‘economic surplus for the single day-ahead or intraday coupling’ means the sum of (i) the supplier surplus for the single day-ahead or intraday coupling for the relevant time period, (ii) the consumer surplus for the single day-ahead or intraday coupling, (iii) the congestion income and (iv) other related costs and benefits where these increase economic efficiency for the relevant time period, supplier and consumer surplus being the difference between the accepted orders and the clearing price per energy unit multiplied by the volume of energy of the orders.

Article 3

Objectives of capacity allocation and congestion management cooperation

This Regulation aims at:

(a) promoting effective competition in the generation, trading and supply of electricity;

(b) ensuring optimal use of the transmission infrastructure;

(c) ensuring operational security;

(d) optimising the calculation and allocation of cross-zonal capacity;

(e) ensuring fair and non-discriminatory treatment of TSOs, NEMOs, the Agency, regulatory authorities and market participants;

(f) ensuring and enhancing the transparency and reliability of information;

(g) contributing to the efficient long-term operation and development of the electricity transmission system and electricity sector in the Union;

(h) respecting the need for a fair and orderly market and fair and orderly price formation;

(i) creating a level playing field for NEMOs;

(j) providing non-discriminatory access to cross-zonal capacity.

Article 4

NEMOs designation and revocation of the designation

A designated NEMO must notify the designating authority of another Member State if it proposes to perform single day-ahead or intraday coupling in that Member State two months before commencing operation.

By way of exception to paragraph 5 of this Article, a Member State may refuse the trading services by a NEMO designated in another Member State if:

(a) a national legal monopoly for day-ahead and intraday trading services exists in the Member State or bidding zone of the Member State where delivery takes place in accordance with Article 5(1); or

(b) the Member State where delivery takes place can establish that there are technical obstacles to delivery into that Member State of electricity purchased on day-ahead and intraday markets using NEMOs designated in another Member State linked to the need to ensure the objectives of this Regulation are met while maintaining operational security; or

(c) the trading rules in the Member State of delivery are not compatible with the delivery into that Member State of electricity purchased on the basis of day-ahead and intraday trading services provided by a NEMO designated in another Member State; or

(d) the NEMO is a national legal monopoly in accordance with Article 5 in the Member State where it is designated.

Article 5

NEMOs designation in case of a national legal monopoly for trading services

If there are several applicants to be designated as the only NEMO, the Member State concerned shall designate the applicant which best meets the criteria listed in Article 6. If a Member State refuses the designation of more than one NEMO per bidding zone, the competent national authority shall fix or approve the NEMO fees for trading in the day-ahead and intraday markets, sufficiently in advance of their entry into force, or specify the methodologies used to calculate them.

In accordance with Article 4(6), the Member State concerned may also refuse cross-border trading services offered by a NEMO designated in another Member State; however, the protection of existing power exchanges in that Member State from economic disadvantages through competition is not a valid reason for refusal.

Article 6

NEMO designation criteria

An applicant shall only be designated as a NEMO if it complies with all of the following requirements:

(a) it has contracted or contracts adequate resources for common, coordinated and compliant operation of single day-ahead and/or intraday coupling, including the resources necessary to fulfil the NEMO functions, financial resources, the necessary information technology, technical infrastructure and operational procedures or it shall provide proof that it is able to make these resources available within a reasonable preparatory period before taking up its tasks in accordance with Article 7;

(b) it shall be able to ensure that market participants have open access to information regarding the NEMO tasks in accordance with Article 7;

(c) it shall be cost-efficient with respect to single day-ahead and intraday coupling and shall in its internal accounting keep separate accounts for MCO functions and other activities in order to prevent cross-subsidisation;

(d) it shall have an adequate level of business separation from other market participants;

(e) if designated as a national legal monopoly for day-ahead and intraday trading services in a Member State, it shall not use the fees in Article 5(1) to finance its day-ahead or intraday activities in a Member State other than the one where these fees are collected;

(f) it shall be able to treat all market participants in a non-discriminatory way;

(g) it shall have appropriate market surveillance arrangements in place;

(h) it shall have in place appropriate transparency and confidentiality agreements with market participants and the TSOs;

(i) it shall be able to provide the necessary clearing and settlement services;

(j) it shall be able to put in place the necessary communication systems and routines for coordinating with the TSOs of the Member State.

Article 7

NEMO tasks

With regard to single day-ahead and intraday coupling, NEMOs shall in particular be responsible for the following tasks:

(a) implementing the MCO functions set out in paragraph 2 in coordination with other NEMOs;

(b) establishing collectively the requirements for the single day-ahead and intraday coupling, requirements for MCO functions and the price coupling algorithm with respect to all matters related to electricity market functioning in accordance with paragraph 2 of this Article, and Articles 36 and 37;

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