Amendments to Regulation (EU) 2017/1485
Article 4
Articles 5 to 8 of Regulation (EU) 2017/1485 are replaced by the following: ‘Article 5 Terms and conditions or methodologies of TSOs 1. TSOs shall develop the terms and conditions or methodologies required by this Regulation and submit them for approval to the Agency in accordance with Article 6(2), to the competent regulatory authorities in accordance with Article 6(3), or to the entity designated by the Member State in accordance with Article 6(4) and (5) within the respective deadlines set out in this Regulation. In exceptional circumstances, notably in cases where a deadline cannot be met due to circumstances external to the sphere of TSOs, the deadlines for terms and conditions or methodologies may be prolonged by the Agency in procedures pursuant to Article 6(2), jointly by all competent regulatory authorities in procedures pursuant to Article 6(3), and by the competent regulatory authority in procedures pursuant to Article 6(4) and (5). 2. Where a proposal for terms and conditions or methodologies pursuant to this Regulation needs to be developed and agreed by more than one TSO, the participating TSOs shall closely cooperate. TSOs, with the assistance of the ENTSO for Electricity, shall regularly inform the regulatory authorities and the Agency about the progress of developing those terms and conditions or methodologies. 3. Where TSOs deciding on proposals for terms and conditions or methodologies listed in Article 6(2) are not able to reach an agreement, they shall decide by qualified majority voting. A qualified majority for proposals in accordance with Article 6(2) shall require a majority of: (a) TSOs representing at least 55 % of the Member States; and (b) TSOs representing Member States comprising at least 65 % of the population of the Union. 4. A blocking minority for decisions on proposals for terms and conditions or methodologies listed in Article 6(2) shall include TSOs representing at least four Member States, failing of which the qualified majority shall be deemed attained. 5. Where TSOs deciding on proposals for terms and conditions or methodologies in accordance with Article 6(3) are not able to reach an agreement and where the regions concerned are composed of more than five Member States, they shall decide by qualified majority voting. A qualified majority for proposals in accordance with Article 6(3) shall require a majority of: (a) TSOs representing at least 72 % of the Member States concerned; and (b) TSOs representing Member States comprising at least 65 % of the population of the concerned region. 6. A blocking minority for decisions on proposals for terms and conditions or methodologies listed in Article 6(3) shall include at least a minimum number of TSOs representing more than 35 % of the population of the participating Member States, plus TSOs representing at least one additional Member State concerned, failing of which the qualified majority shall be deemed attained. 7. TSOs deciding on proposals for terms and conditions or methodologies in accordance with Article 6(3) in relation to regions composed of five Member States or less shall decide by consensus. 8. For TSO decisions on proposals for terms and conditions or methodologies pursuant to paragraphs 3 and 5, one vote shall be attributed per Member State. If there is more than one TSO in the territory of a Member State, the Member State shall allocate the voting powers among the TSOs. 9. Where TSOs fail to submit an initial or amended proposal for terms and conditions or methodologies to the regulatory authorities or to the Agency in accordance with Articles 6 and 7 or to the entities designated by the Member States in accordance with Article 6(4) within the deadlines set out in this Regulation, they shall provide the designated entity, competent regulatory authorities and the Agency with the relevant drafts of the terms and conditions or methodologies, and explain why an agreement has not been reached. The Agency, all competent regulatory authorities jointly, or the competent designated entity shall take the appropriate steps for the adoption of the required terms and conditions or methodologies in accordance with Article 6, for instance by requesting amendments or revising and completing the drafts pursuant to this paragraph, including where no drafts have been submitted, and approve them. Article 6 Approval of terms and conditions or methodologies of TSOs 1. Each regulatory authority or where applicable the Agency, as the case may be, shall approve the terms and conditions or methodologies developed by TSOs under paragraphs 2 and 3. The entity designated by the Member State shall approve the terms and conditions or methodologies developed by TSOs under paragraph 4. The designated entity shall be the regulatory authority unless otherwise provided by the Member State. Before approving the terms and conditions or methodologies, the regulatory authority, the Agency or the designated entity shall revise the proposals where necessary, after consulting the respective TSOs, in order to ensure that they are in line with the purpose of this Regulation and contribute to market integration, non-discrimination, effective competition and the proper functioning of the market. 2. The proposals for the following terms and conditions or methodologies and any amendments thereof shall be subject to approval by the Agency, on which a Member State may provide an opinion to the concerned regulatory authority: (a) key organizational requirements, roles and responsibilities in relation to data exchange related to operational security in accordance with Article 40(6); (b) methodology for building the common grid models in accordance with Article 67(1) and Article 70; (c) methodology for coordinating operational security analysis in accordance with Article 75. 3. The proposals for the following terms and conditions or methodologies and any amendments thereof shall be subject to approval by all regulatory authorities of the concerned region, on which a Member State may provide an opinion to the concerned regulatory authority: (a) methodology for each synchronous area for the definition of minimum inertia in accordance with Article 39(3)(b); (b) common provisions for each capacity calculation region for regional operational security coordination in accordance with Article 76; (c) methodology, at least per synchronous area, for assessing the relevance of assets for outage coordination in accordance with Article 84; (d) methodologies, conditions and values included in the synchronous area operational agreements in Article 118 concerning: (i) the frequency quality defining parameters and the frequency quality target parameter in accordance with Article 127; (ii) the dimensioning rules for FCR in accordance with Article 153; (iii) the additional properties of the FCR in accordance with Article 154(2); (iv) for the GB and IE/NI synchronous areas, the measures to ensure the recovery of energy reservoirs in accordance with Article 156(6)(b); (v) for the CE and Nordic synchronous areas, the minimum activation period to be ensured by FCR providers in accordance with Article 156(10); (vi) for the CE and Nordic synchronous areas, the assumptions and methodology for a cost-benefit analysis in accordance with Article 156(11); (vii) for synchronous areas other than CE and if applicable, the limits for the exchange of FCR between TSOs in accordance with Article 163(2); (viii) for the GB and IE/NI synchronous areas, the methodology to determine the minimum provision of reserve capacity on FCR between synchronous areas, defined in accordance with Article 174(2)(b); (ix) limits on the amount of exchange of FRR between synchronous areas defined in accordance with Article 176(1) and limits on the amount of sharing of FRR between synchronous areas defined in accordance with Article 177(1); (x) limits on the amount of exchange of RR between synchronous areas defined in accordance with Article 178(1) and limits on the amount of sharing of RR between synchronous areas defined in accordance with Article 179(1); (e) methodologies and conditions included in the LFC block operational agreements in Article 119, concerning: (i) ramping restrictions for active power output in accordance with Article 137(3) and (4); (ii) coordination actions aiming to reduce FRCE as defined in Article 152(14); (iii) measures to reduce FRCE by requiring changes in the active power production or consumption of power generating modules and demand units in accordance with Article 152(16); (iv) the FRR dimensioning rules in accordance with Article 157(1); (f) mitigation measures per synchronous area or LFC block in accordance with Article 138; (g) common proposal per synchronous area for the determination of LFC blocks in accordance with Article 141(2). 4. Unless determined otherwise by the Member State, the following terms and conditions or methodologies and any amendments thereof shall be subject to individual approval by the entity designated in accordance with paragraph 1 by the Member State: (a) for the GB and IE/NI synchronous areas, the proposal of each TSO specifying the level of demand loss at which the transmission system shall be in the blackout state; (b) scope of data exchange with DSOs and significant grid users in accordance with Article 40(5); (c) additional requirements for FCR providing groups in accordance with Article 154(3); (d) exclusion of FCR providing groups from the provision of FCR in accordance with Article 154(4); (e) for the CE and Nordic synchronous areas, the proposal concerning the interim minimum activation period to be ensured by FCR providers as proposed by the TSO in accordance with Article 156(9); (f) FRR technical requirements defined by the TSO in accordance with Article 158(3); (g) rejection of FRR providing groups from the provision of FRR in accordance with Article 159(7); (h) technical requirements for the connection of RR providing units and RR providing groups defined by the TSO in accordance with Article 161(3); and (i) rejection of RR providing groups from the provision of RR in accordance with Article 162(6). 5. Where an individual relevant system operator or TSO is required or permitted under this Regulation to specify or agree on requirements that are not subject to paragraph 4, Member States may require prior approval by the competent regulatory authority of those requirements and any amendments thereof. 6. The proposal for terms and conditions or methodologies shall include a proposed timescale for their implementation and a description of their expected impact on the objectives of this Regulation. Proposals for terms and conditions or methodologies subject to the approval by several regulatory authorities in accordance with paragraph 3 shall be submitted to the Agency within 1 week of their submission to regulatory authorities. Proposals for terms and conditions or methodologies subject to the approval by a designated entity in accordance with paragraph 4 may be submitted to the Agency within 1 month of their submission at the discretion of the designated entity while they shall be submitted upon the Agency’s request for information purposes in accordance with Article 3(2) of Regulation (EU) 2019/942 if the Agency considers the proposal to have a cross-border impact. Upon request by the competent regulatory authorities, the Agency shall issue an opinion within 3 months on the proposals for terms and conditions or methodologies. 7. Where the approval of the terms and conditions or methodologies in accordance with paragraph 3 or the amendment in accordance with Article 7 requires a decision by more than one regulatory authority pursuant to paragraph 3, the competent regulatory authorities shall consult and closely cooperate and coordinate with each other in order to reach an agreement. Where the Agency issues an opinion, the competent regulatory authorities shall take that opinion into account. Regulatory authorities or, where competent, the Agency shall take decisions concerning the submitted terms and conditions or methodologies in accordance with paragraphs 2 and 3 within 6 months following the receipt of the terms and conditions or methodologies by the Agency or the regulatory authority or, where applicable, by the last regulatory authority concerned. The period shall begin on the day following that on which the proposal was submitted to the Agency in accordance with paragraph 2 or to the last regulatory authority concerned in accordance with paragraph 3. 8. Where the regulatory authorities have not been able to reach an agreement within the period referred to in paragraph 7 or upon their joint request, or upon the Agency’s request according to the third subparagraph of Article 5(3) of Regulation (EU) 2019/942, the Agency shall adopt a decision concerning the submitted proposals for terms and conditions or methodologies within 6 months, in accordance with Article 5(3) and the second subparagraph of Article 6(10) of Regulation (EU) 2019/942. 9. Where the approval of the terms and conditions or methodologies requires a decision by a single designated entity in accordance with paragraph 4 or competent regulatory authority in accordance with paragraph 5, the designated entity or competent regulatory authority shall reach a decision within 6 months following the receipt of the terms and conditions or methodologies. The period shall begin on the day following that on which the proposal was submitted to the designated entity in accordance with paragraph 4 or competent regulatory authority in accordance with paragraph 5. 10. Any party can complain against a relevant system operator or TSO in relation to that relevant system operator’s or TSO’s obligations or decisions under this Regulation and may refer the complaint to the regulatory authority which, acting as dispute settlement authority, shall issue a decision within 2 months after receipt of the complaint. That period may be extended by a further 2 months where additional information is sought by the regulatory authority. That extended period may be further extended with the agreement of the complainant. The regulatory authority’s decision shall be binding unless and until overruled on appeal. Article 7 Amendments to the terms and conditions or methodologies of TSOs 1. Where the Agency or all competent regulatory authorities jointly request an amendment in order to approve the terms and conditions or methodologies submitted in accordance with paragraphs 2 and 3 of Article 6 respectively, the relevant TSOs shall submit a proposal for amended terms and conditions or methodologies for approval within 2 months following the request from the Agency or the regulatory authorities. The Agency or the competent regulatory authorities shall decide on the amended terms and conditions or methodologies within 2 months following their submission. 2. Where a designated entity requires an amendment in order to approve the terms and conditions or methodologies submitted in accordance with Article 6(4) or the competent regulatory authority requires an amendment in order to approve the requirements submitted in accordance with Article 6(5), the relevant TSO shall submit a proposal for amended terms and conditions or methodologies or requirements for approval within 2 months following the request from the designated entity or competent regulatory authority. The designated entity or competent regulatory authority shall decide on the amended terms and conditions or methodologies within 2 months following their submission. 3. Where the competent regulatory authorities have not been able to reach an agreement on terms and conditions or methodologies pursuant to paragraphs 2 and 3 of Article 6 within the 2-month deadline, or upon their joint request, or upon the Agency’s request according to the third subparagraph of Article 5(3) of Regulation (EU) 2019/942, the Agency shall adopt a decision concerning the amended terms and conditions or methodologies within 6 months, in accordance with Articles 5(3) and the second subparagraph of Article 6(10) of Regulation (EU) 2019/942. If the relevant TSOs fail to submit a proposal for amended terms and conditions or methodologies, the procedure provided for in Article 5(9) shall apply. 4. The Agency or regulatory authorities or designated entities, where they are responsible for the adoption of terms and conditions or methodologies in accordance with paragraphs 2, 3 and 4 of Article 6, may respectively request proposals for amendments of those terms and conditions or methodologies and determine a deadline for the submission of those proposals. TSOs responsible for developing a proposal for terms and conditions or methodologies may propose amendments to regulatory authorities and the Agency. Proposals for amendment to the terms and conditions or methodologies shall be submitted to consultation if applicable in accordance with the procedure set out in Article 11 and approved in accordance with the procedure set out in Articles 5 and 6. Article 8 Publication of terms and conditions or methodologies on the internet 1. TSOs responsible for specifying the terms and conditions or methodologies in accordance with this Regulation shall publish them on the internet following approval by the Agency or the competent regulatory authorities or, where no such approval is required, following their specification, except where such information is considered confidential in accordance with Article 12. 2. The publication shall also concern: (a) enhancements of network operation tools in accordance with Article 55(e); (b) FRCE target parameters in accordance with Article 128; (c) ramping restrictions on synchronous area level in accordance with Article 137(1); (d) ramping restrictions on LFC block level in accordance with Article 137(3); (e) measures taken in the alert state due to there being insufficient active power reserves in accordance with Article 152(11); and (f) request of the reserve connecting TSO to an FCR provider to make the information available in real time in accordance with Article 154(11).’