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GIE Annual Conference, 22.11.2007, Madrid
Third Package
How will it tackle infrastructure
investment?
Ana Arana Antelo
Head of Unit Electricty & Gas – European
Commission/DG TREN
Directorate General for Energy and Transport
1
3rd package – background
Starting point
Benchmarking reports and Green Paper
Progress report, Sector Inquiry and Strategic Review of 10
January 2007
Conclusion: Urgent need to strengthen competition and
complete internal energy market
Main shortcomings
Vertical integration of companies and high degree of market
concentration
Lack of market integration at EU level: lack of TSO cooperation –
regulatory gap – lack of interconnection
Lack of transparency
Different powers and competences of national regulators
Directorate General for Energy and Transport
2
3rd package: main measures
Main areas
Unbundling of networks
Cooperation of network operators
National regulators
EU Agency for Regulatory Cooperation
Transparency
Solidarity cooperation
Consumer protection
Directorate General for Energy and Transport
3
3rd package – focus investments (1)
HOW DOES THE 3rd PACKAGE TACKLE INVESTMENTS?
1.
2.
Transmission – ownership unbundling
Supply interests of integrated companies are in conflict of interest
with provision of sufficient transport capacities
3rd package: ownership unbundling to ensure independence of
network operators; alternatively ISO having a say on investment
decision
3rd country investments
Without prejudice to the international obligations, transmission
systems or TSOs shall not be controlled by persons from 3rd
countries
Reversal of proof for ownership unbundling
Create a level playing field for EU and non EU investors
Directorate General for Energy and Transport
4
3rd package – focus investments (1)
HOW DOES THE 3rd PACKAGE TACKLE INVESTMENTS?
3.
TSO cooperation on EU level
Responsible for coordinate the planning of network investments
monitor the development of transmission network capacities
4.
National regulators
Current varying policy objectives and responsibilities of regulators
especially problematic in the field of new investments
3rd package: enhancing statutory duties and powers review
investment plans of national TSOs
Directorate General for Energy and Transport
5
3rd package – focus investments (1)
HOW DOES THE 3rd PACKAGE TACKLE INVESTMENTS?
5.
Agency
complement the regulatory tasks performed at the national level
European – close “regulatory gap”
decision making powers for specific cross-border issues eg
"Article 22" exemption requests for infrastructure projects involving
more than one Member State
Directorate General for Energy and Transport
6
3rd package – focus investments (1)
HOW DOES THE 3rd PACKAGE TACKLE INVESTMENTS?
6.
Storage
Currently suppliers have to contact their competitors to contract
their storage need does not enhance market confidence,
serious barrier for new entrants
3rd package: legal and functional unbundling of storage system
operators to enhance effective access to storage
ERGEG monitoring report on compliance with Guidelines of Good
Practice for Storage (Dec 2006) showed that the level of storage
capacity available to TPA is unclear
3rd package: Member States define and make public criteria when
and how third party access to storage applies
Directorate General for Energy and Transport
7
European Investment Plan
TSO
ENTSO
NRA
AGENCY
Summary
National plans
Consultation on
European
investment plan
R (el) 2f (1)
Draft 10-year
investment plan
R (el) 2d (2)
Receives opinion
R (ag) 6 (3)
Adopt European
Investment plan
R (el) 2c (1c)
Publish
R (el) 2c (5)
Invests
COMMISSION
OTH.STAKEH.
Review National
plan, Consistency
with European plan
D (el) 22c (f)
TEN-E
guidelines
Reviews draft
and gives
opinion
R (ag) 6 (3)
Consulted
R (el) 2f (1)
Receives
opinion if
drafted
measures do
not ensure non
disc., comp. and
eff. func. market
R (ag) 6 (4)
Monitor
Propose
Monitors
investments
R (el) 2d (1)
Receives opinion
R (el) 2d (2)
Directorate General for Energy and Transport
Do
Review
Decide
Opinion
Consult
8
TEN-E policy
TEN-E policy has gained importance
Still little money available, but:
Focus on important and mature projects instead of a long
"wish-list"
Co-ordinators nominated for key projects (Nabucco)
Obligations for MS to report on progress and to coordinate
Future of TEN-E policy?
Tackling the difficulties to get permits for the projects through
the Regional Initiatives
Close link with the European investment planning by TSOs
More money
Directorate General for Energy and Transport
9
Conclusions
Third package has very important
elements regarding invesments
Ownership unbundling
TSO-cooperation
National regulators’ and agency’s role
regarding investments
Third package will support TEN-E
policy and vice-versa
Directorate General for Energy and Transport
10