No. Endorsement Georgeta Corina Popescu Florin
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No. Endorsement Georgeta Corina Popescu Florin Cristian Tataru Andreea Georgiana Florea Directorate Chairperson Directorate Member Directorate Member Dan Valeriu Ardelean Adrian Constantin Rusu Directorate Member Directorate Member Report Regarding the affiliation of CNTEE Transelectrica SA to the Regional Coordinating Centre from the CORE region, TSCNET Services GmbH I. Preamble The European energy sector is under a thorough changing process. It lays stress on the transition from a prevailingly national evolution and development model of the energy sector to an integrated development model under European coordination, which should provide uniform continental development while enabling adaptation to national specificities and targeting the legitimate interests of European states. The need was identified to affiliate the Company to the Regional Security Coordinating Centre (CCSR) TSCNET Services GmbH while implementing in CNTEE Transelectrica SA the regional initiatives to apply the provisions from „Regulation (EU) 2015/1222 of the Commission of 24 July 2015 establishing some guidelines for capacity allocation and congestion management” and „Regulation (EU) 2017/1485 of the Commission of 2 August 2017 establishing a guideline for the operation of the electricity transmission system”. The Centre was constituted to serve the Transmission and System Operators (TSO-s) from eastern-central-western Europe (CORE region, which includes Romania) in view of coordinated implementation of the European network codes. In accordance with the affiliation model adopted by all Transmission and System Operators in the region, adhesion means the participation into the TSCNET Services GmbH’s shareholders by making a share purchase transaction in the company’s capital. The entry of CNTEE Transelectrica SA in the shareholder ranks of CCSR TSCNET Services GmbH results from the application of the European legislation provisions in this domain. At the same time such a step means normal necessary development for a sound Romanian position on the European energy map in the context of implementing the new model for the common electricity market, the European network codes and the prospective Clean Energy Package. II. Presentation Legal framework: a. European legal framework The European energy and environmental policies, instrumented through the successive legislative packages approved in Europe, rely on increased safety when supplying the energy consumption, on higher energy efficiency, on decarbonisation of the power generation mix by integrating renewable sources and implementation of efficient storage solutions. The energy package three, by Regulation 714/2009, stipulates clear requirements with the need to enhance the cooperation among European Transmission and System Operators in order to provide and manage efficient transparent access to cross-border transmission networks, as well as to provide optimum operation under safe qualitative conditions of the synchronously interconnected electric power systems, coordinated operation and proper technical development of the European electricity transmission network. Later on the eight European network codes approved by the European Commission and Parliamentul have provided detailed regulation for the connection to the electricity transmission network, the operation of the synchronously interconnected electric power systems and the harmonised integration of national electricity markets, facilitating the implementation of the single European energy market. Regulation (EU) 2015/1222 establishing some guidelines for capacity allocation and congestion management This Regulation establishes the common obligation of all Transmission and System Operators to provide coordinated computation of the cross-border transmission and congestion management capacity. Regulation (EU) 2017/1485 establishing a guideline for the operation of the electricity transmission system (SOGL Regulation) This Regulation provides tasks for the Transmission and System Operators regarding the organisation of the regional coordination to provide safe operation of the interconnected electric power systems, namely designating the regional coordination centres and the norms of their governance and operation, which should provide fair treatment of all member Transmission and System Operators. Clean Energy Package, legislative package found in the final comitology process stage, which will be approved by the end of this year The draft regulation of the legislative Clean Energy Package IV provides additional explanations about the requirements applied to the centres coordinating regional security, meaning such centres will be established on the territory of one EU member state in the region they will provide services in. b. National legal framework Romania’s national legislation allows such kind of affiliation in an explicit provision of the Electricity and natural gas law 123/2012 (Art. 36. (6) “The transmission and system operator holds shares to trading companies established on the national territory or in other states, whose main business is the allocation of interconnection capacities and verification of the network safety in the region, covering the territory of two or more states”. 2 Current situation 1. The organisation model selected by the Transmission and System Operators of the CORE region for cooperation by means of the centre(s) coordinating the regional security and for the exercise of common control of Transmission and System Operators on such centres In order to provide compliance with the European legislative framework two coordinating centres have been organised in the CORE region of coordinated computation of the transmission capacity, with a view to provide safe operation at qualitative parameters of the interconnected European network (CCSR): TSCNET (seated in Germany) - for TSO-s in central-eastern Europe CORESO (seated in Belgium) - for TSO-s in central-western Europe The two fore-mentioned CCSR centres were established and organised as distinct entities (trading companies), separate in juridical and patrimonial terms from the TSO-s they serve. In view of complying with the CCSR definition established in Regulation (EU) 2017/1485, according to which the CCSR is an entity controlled or held (as owner) by a TSO, in these regions the TSO-s have identified holding (stocks) in the CCSR capital as the most efficient method for the TSO to exercise control over the CCSR activities. Consequently all TSO-s under whose operational authority are found the inter-zonal borders included in the CORE region of coordinated computation are shareholders in one of the two CCSR-s constituted in the region. The list of TSO-s in CORE region and their participation to the regional CCSR shareholders can be found below. TSO Country Region where it Regional SSCR in the belongs as per the capital of which the initial configuration TSO has shares (TSCNET, CORESO) RTE France CORE CORESO Elia Belgium CORE CORESO TenneT (Netherlands) The Netherlands CORE TSCNET TenneT (Germany) Germany CORE TSCNET Amprion Germany CORE TSCNET 50 Hz Germany CORE TSCNET, CORESO Transnet Germany CORE TSCNET APG Austria CORE TSCNET ČEPS Czech Republic CORE TSCNET ELES Slovenia CORE TSCNET SEPS Slovakia CORE TSCNET PSE Poland CORE TSCNET 3 TSO Country Region where it Regional SSCR in the belongs as per the capital of which the initial configuration TSO has shares (TSCNET, CORESO) HOPS Croatia CORE TSCNET MAVIR Hungary CORE TSCNET Transelectrica Romania CORE n/a In view of observing the uniform model adopted by the TSO-s of CORE region, which is to exercise joint control over the CCSR by means of member OTS-s participating into the centre’s shareholder structure, it is necessary for CNTEE Transelectrica SA to apply this mode of organisation, namely becoming shareholder of the Centre coordinating regional security TSCNET Services GmbH. The shareholder structure of TSCNET Service GmbH includes 14 European Transmission and System Operators and is as follows: 50Hertz Transmission GmbH- Germany, Amprion GmbH- Germany, Austrian Power Grid- Austria, CEPS-Czech Rep., ELES d.o.o.- Slovenia, Energinet- Denmark, Croatian Transmission System Operator Ltd. (HOPS)- Croatia, MAVIR- Hungarian Transmission System Operator Company Ltd.- Hungary, PSE S.A.- Poland, Swissgrid AG- Switzerland, TenneT TSO- Netherlands, TenneT TSO GmbH- Germany, TransnetBW GmbH- Germany and SEPS- Slovakia. 2. To date CNTEE Transelectrica SA has not adhered to either of the two coordinating centres from the CORE region, but taking into account the obligation to implement the requirements of Regulation 714/2009, Regulation (EU) 2017/1485 and Regulation (UE) 2015/1222, the company needs to participate into such coordinating structures between European Transmission and System Operators. Justification 1. Providing compliance with the European legislation in the energy domain In order to provide compliance with the applicable European legislation Romania should implement principles, rules, instruments to operate in the Region, which is integrating in terms of electricity markets development in general and of the necessary functions for such integration of Romania’s energy market into the market-coupling process of CORE Region while achieving the European internal electricity market. Mention should be made that over 40% of Romania’s interconnection capacity is allocated to the western border, which shows a great interest for the cross-border trade in Core region. 2. Providing compliance with the national legislation