Council Decision (EU) 2024/1102 of 25 March 2024 on the position to be taken on behalf of the European Union within the EU-UK Specialised Committee on Energy established by the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, regarding the adoption of the guidance on working arrangements and on administrative arrangements

Article 1

The position to be taken on behalf of the European Union within the Specialised Committee on Energy is set out in the draft decision of the Specialised Committee attached to this Decision.

Article 1

The guidance of the Specialised Committee as set out in Annex I is hereby adopted as the guidance on working arrangements between ENTSO-E and the United Kingdom transmission system operators for electricity. The Specialised Committee requests the Parties to disseminate it to them without delay.

Article 2

1.   The Union position referred to in Article 1 shall be further specified when, prior to their conclusion, the working arrangements and the administrative arrangements referred to in the Annexes to the draft decision of the Specialised Committee are submitted to the Specialised Committee for its consideration. 2.   For the purposes of paragraph 1 of this Article, the Commission shall transmit the working arrangements and the administrative arrangements referred to therein to the Council in accordance with Article 2(2) of Decision (EU) 2021/689. 3.   Provided that the working arrangements and the administrative arrangements referred to in paragraph 1 of this Article comply with the Agreement and with the Union position set out in Article 1, the Council may approve a positive consideration to be expressed by the Commission on the Union’s behalf.

Article 2

The guidance of the Specialised Committee as set out in Annex II is hereby adopted as the guidance on working arrangements between ENTSOG and the United Kingdom transmission system operators for gas. The Specialised Committee requests the Parties to disseminate it to them without delay.

Article 3

This Decision shall enter into force on the date of its adoption.

Article 3

The guidance of the Specialised Committee as set out in Annex III is hereby adopted as the guidance on administrative arrangements between ACER and the regulatory authority in the United Kingdom designated in accordance with Article 310 of the Trade and Cooperation Agreement (GEMA and Utility Regulator). The Specialised Committee requests the Parties to disseminate it to them without delay.

Article 4

This Decision shall enter into force on the date of its adoption.

Guidance on working arrangements between ENTSO-E and the United Kingdom transmission system operators for electricity

ANNEX ISupplementary provisions

ANNEX I Guidance on working arrangements between ENTSO-E and the United Kingdom transmission system operators for electricity Considering Article 317 of the Trade and Cooperation Agreement which requires the Parties to ensure that transmission system operators develop working arrangements, including a framework for cooperation between ENTSO-E on the one hand and the UK transmission system operators (TSOs) for electricity on the other hand, 1. ENTSO-E and the UK TSOs for electricity are asked to develop and implement, as soon as possible, efficient and inclusive working arrangements to ensure their effective cooperation. 2. The working arrangements should cover the following areas of cooperation and closely related aspects thereof: — Electricity markets — Access to networks — Security of electricity supply — Infrastructure planning — Offshore energy — Efficient use of electricity interconnectors — Gas decarbonisation. The working arrangements should be limited to technical and administrative matters, including exchange of information, while maintaining full decision-making autonomy of each side with respect to their policy-making functions respectively in the Union and in the United Kingdom. 3. UK TSOs for electricity should act jointly and need to establish their own forms of coordination to engage with ENTSO-E having due regard to the relevant competition rules. 4. The working arrangements shall not involve or confer to UK TSOs for electricity a status comparable to membership of ENTSO-E, or provide for the participation of the UK TSOs for electricity in the meetings of ENTSO-E. 5. The working arrangements should be developed as soon as possible and, prior to their conclusion, be submitted to the Specialised Committee for its consideration. Following its conclusion, the working arrangements should be communicated appropriately to the relevant market participants.

Guidance on working arrangements between ENTSOG and the United Kingdom transmission system operators for gas

ANNEX IISupplementary provisions

ANNEX II Guidance on working arrangements between ENTSOG and the United Kingdom transmission system operators for gas Considering Article 317 of the Trade and Cooperation Agreement which requires the Parties to ensure that its transmission system operators develop working arrangements, including a framework for cooperation between ENTSOG on the one hand and the UK transmission system operators (TSOs) for gas on the other hand, 1. ENTSOG and the UK TSOs for gas are asked to develop and implement, as soon as possible, efficient and inclusive working arrangements to ensure their effective cooperation. 2. The working arrangements should cover the following areas of cooperation and closely related aspects thereof: — Gas markets — Access to networks — Security of gas supply — Infrastructure planning — Offshore energy — Efficient use of gas interconnectors — Gas decarbonisation and gas quality, including aspects of methane emissions reduction in natural gas. The working arrangements should be limited to technical and administrative matters, including exchange of information, while maintaining full decision-making autonomy of each side with respect to their policy-making functions respectively in the Union and in the United Kingdom. 3. UK TSOs for gas should act jointly and need to establish their own forms of coordination to engage with ENTSOG, having due regard to the relevant competition rules. 4. The working arrangements shall not involve or confer to UK TSOs for gas a status comparable to membership of ENTSOG, or provide for the participation of the UK TSOs for gas in the meetings of ENTSOG. 5. The working arrangements should be developed as soon as possible and, prior to their conclusion, be submitted to the Specialised Committee for its consideration. Following its conclusion, the working arrangements should be communicated appropriately to the relevant market participants.

Guidance on administrative arrangements between ACER and the regulatory authority in the United Kingdom designated in accordance with Article 310 of the Trade and Cooperation Agreement (GEMA and Utility Regulator)

ANNEX IIISupplementary provisions

ANNEX III Guidance on administrative arrangements between ACER and the regulatory authority in the United Kingdom designated in accordance with Article 310 of the Trade and Cooperation Agreement (GEMA and Utility Regulator) Considering Article 318 of the Trade and Cooperation Agreement which requires the Parties to ensure that the Agency for the Cooperation of Energy Regulators (ACER) and the regulatory authority in the United Kingdom designated in accordance with Article 310 of the Trade and Cooperation Agreement develop contacts and enter into administrative arrangements in order to facilitate meeting the objectives of the Agreement, 1. ACER and the regulatory authority in the United Kingdom designated in accordance with Article 310 of the Trade and Cooperation Agreement (GEMA and Utility Regulator) are asked to develop and implement, as soon as possible, administrative arrangements to ensure their effective cooperation. 2. The administrative arrangements should cover the following areas of cooperation and closely related aspects thereof: — Electricity and gas markets — Access to networks — Detection and prevention of market abuse, including appropriate exchange of information — Security of electricity and gas supply — Infrastructure planning — Offshore energy — Efficient use of interconnections — Cooperation between transmission system operators — Gas decarbonisation and gas quality. The administrative arrangements should be limited to technical and administrative matters, including exchange of information, while maintaining full decision-making autonomy of each side with respect to their policy-making functions respectively in the Union and in the United Kingdom. 3. The UK GEMA and the Utility Regulator should act jointly and will need to establish their own forms of coordination to engage with ACER as part of a unique delegation. 4. The administrative arrangements shall not involve or confer to the regulatory authority in the United Kingdom designated in accordance with Article 310 of the Trade and Cooperation Agreement a status comparable to participation in ACER, or provide for the participation in the meetings of ACER of the regulatory authority in the United Kingdom designated in accordance with Article 310 of the Trade and Cooperation Agreement. 5. The administrative arrangements should be developed as soon as possible and, prior to their conclusion, be submitted to the Specialised Committee for its consideration. Following its conclusion, the administrative arrangements should be communicated appropriately to the relevant market participants.