DECISION No 38/2020 of the EUROPEAN UNION AGENCY for the COOPERATION of ENERGY REGULATORS of 23 December 2020
PUBLIC DECISION No 38/2020 OF THE EUROPEAN UNION AGENCY FOR THE COOPERATION OF ENERGY REGULATORS of 23 December 2020 ON THE METHODOLOGY FOR THE USE OF CONGESTION INCOME FOR THE PURPOSES REFERRED TO IN ARTICLE 19(2) OF REGULATION (EU) 2019/943 IN ACCORDANCE WITH ARTICLE 19(4) OF REGULATION (EU) 2019/943 THE EUROPEAN UNION AGENCY FOR THE COOPERATION OF ENERGY REGULATORS, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) 2019/942 of the European Parliament and of the Council of 5 June 2019 establishing a European Union Agency for the Cooperation of Energy Regulators1, and, in particular, Article 4(4) thereof, Having regard to Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity2, and, in particular, Article 19(4) thereof, Having regard to the outcome of the consultation with ACER’s Electricity Working Group (the ‘AEWG’), Having regard to the favourable opinion of the Board of Regulators of 16 December 2020, delivered pursuant to Article 22(5)(a) of Regulation (EU) 2019/942, Whereas: 1. INTRODUCTION (1) Article 19 of Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (hereafter the ‘Electricity Regulation’) establishes rules for the use of congestion income generated by the congestion management procedures. 1 OJ L 158, 14.6.2019, p. 22. 2 OJ L 158, 14.6.2019, p. 54. Page 1 of 13 PUBLIC Decision No 38/2020 (2) Pursuant to Article 19(2) of the Electricity Regulation, the following objectives shall have priority with respect to the allocation of any income resulting from the allocation of cross-zonal capacity: (a) guaranteeing the actual availability of the allocated capacity including firmness compensation, or (b) maintaining or increasing cross-zonal capacities or covering the costs resulting from network investments that are relevant to reduce interconnector congestion.
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