ECCAF Meeting 5. Teleconference 29 June 2014; 10:00 11:00. Revised Version
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1 ECCAF Meeting 5 Teleconference 29 June 2014; 10:00 11:00 Revised Version
2 1. Introductions and Apologies Barbara Vest (Energy UK) ECCAF Chair
3 ECCAF Membership Update Fiona Navesey has left DECC, so her ECCAF position is vacant. Steve Davies attending today as alternate. DECC are considering their ECCAF representation There are ECCAF vacancies from the STC Panel and SQSS Panel. ECCAF Technical Secretary continues to work with the Panel Secretaries to fill vacancies.
4 2. Action Log Update Paul Wakeley (National Grid) ECCAF Technical Secretary
5 Action Updates Update Update
6 Update Information provide by Will Francis (DECC) at June JESG 4/1 Provide further information on the likely next steps for GB Stakeholder engagement on the CACM Network Code Once a further draft is released by the Commission, it is expected that another DECC/Ofgem Stakeholder Workshop will be held to prioritise GB Stakeholder key issues with the Code (possibly August/September) Further information will be circulated in JESG Weekly Update
7 Update II Information provide by Will Francis (DECC) at June JESG 4/2 Investigate the difference between Direct Effect and Directly Applicable All EU Regulations are Directly Applicable in that they do not require transposition in to domestic law. As Network Codes will be regulations there is no requirement to transpose the requirements in to the domestic framework. However, we will need to ensure consistency of domestic and EU provision, and locations for GB detail may need to be found The principle of Direct Effect enables individuals with rights under European legislation to invoke those rights before a national or European court. It is of secondary concern to ECCAF in undertaking the Code Mapping.
8 3. ECCAF Workplan and future meetings Paul Wakeley National Grid
9 Supporting Paper Please refer to Supporting Paper Revised Principles for ECCAF Workplan which was circulated with the Agenda
10 Background ECCAF has held five meetings, and mapped 2 EU Codes to date (RFG, CACM) Progress by ECCAF is linked to the EU Codes passing through Comitology Progress of all ENCs through Comitology has been much slower than original expected
11 Florence Forum Particular concern by Commission s Legal Service on CACM: It can not be adopted as a network code due to the number of decisions delegated to TSOs and NRAs after entry in to force. Expected to proceed using its current formulation as a guideline. Both network codes and guidelines will become directly applicable EU Regulations. The end products have exactly the same legal status, but the development and modification routes are different as defined in Regulation (EU) 714/2009.
12 Other Codes Based on the view of the Commission, it is expected; RFG, DCC, HVDC continue as network codes CACM, FCA, BAL become guidelines OS, OPS, LFCR remain as network codes but that further drafting is required to provide further detail and ambition. This drafting is expected to include ENTSO-E. Therefore, there is limited benefit in mapping the operational codes whilst there is no draft version from the Commission and changes are expected.
13 European Network Code Development Status: 2 June months ENTSO-E develops Network Code 3 months 18 months 3+ years depending on Code See note ACER recommends Network Code to EC ACER reviews Network Code Comitology Revisions to Code after Opinion ACER revises opinion Publication in OJEU EC invites ENTSO-E to develop NC ACER develops FWGL 6mo EC programm e Member State Implementation System Operation Balancing CACM HVDC E&R Grid Connection Transparency Regulations Framework Guideline Balancing Developed by EC* CACM RFG DCC FCA Op Sch & Plan Op Sec LFCR Preparations and Informal CrossBorder Committee Discussions Formal Cross-Border Committee Voting Commission indicated at Florence Forum (May 2014) that further drafting was required to consider these as Network Codes * Areas developed by EC follow a different development process and there are no Framework Guidelines. Timescales for the stages of Comitology are not specified and under the Commission control Council & Parliament Approval Prepared by: europeancodes.electricity@nationalgrid.com
14 European Network Code Development Status: 2 June 2014 Focussing on Codes with the Commission EC Grid Connection Redrafting E&R expected on Codes prior to any Operation release of version by System Commission Balancing CACM Operational ACER recommends Network Code to EC ACER reviews Network FCA Code has only just to been Revisions submitted the Codetoafter Commission.Opinion No version has been published Comitology ACER revises opinion No stable version of DCC has been issued by the Commission yet Member State Implementation Transparency Regulations Framework Guideline 18 months 3+ years depending on Code See note Publication in OJEU ENTSO-E develops Network Code 3 months Balancing 12 months HVDC programm e EC invites ENTSO-E to develop NC ACER develops FWGL 6mo Developed by EC* CACM RFG DCC FCA Op Sch & Plan Op Sec LFCR Commission indicated at Florence Forum (May 2014) that further drafting was required to consider these as Network Codes Preparations and Informal CrossBorder Committee Discussions Formal Cross-Border Committee Voting Council & Parliament Approval ECCAF has already mapped CACM and RFG
15 Improving ECCAF processes In completing the Code Mapping for RFG and CACM it has been noted that EU Codes continue to: change through the initial drafts of the Commission, contain areas which are TBC and poor drafting To prepare the GB mapping a stable draft would be preferable to maximise the efficiency of the mapping This must be balanced against giving GB early visibility It is therefore proposed for ECCAF to initially map a EU Code to the GB Codes after the inter-service consultation or when there is a stable draft (which may be earlier)
16 Conclusions There has been a continued slowdown in the progress of the ENCs through Comitology, and an uncertainty about future timescales especially for Operational EU Codes where redrafting is required. As Comitology timescales remain fluid and poorly defined, ECCAF and GB industry needs to remain poised to act when required, potentially at short notice In the short-term we expect the DECC-Ofgem Stakeholder Workshops and JESG to continue to provide information / forums to the broader industry
17 ECCAF is asked to approve the following: Abridged version of text in paragraph 20 of supporting paper a) To postpone ECCAF meetings until September b) The ECCAF Chair and Technical Secretary are to maintain a watching brief on developments in Comitology and if there is a significant change to the timescales reconvene ECCAF sooner. c) Continue to map the ENCs according to the principles of the revised ECCAF workplan d) As further intelligence on timings becomes available then the Technical Secretary will develop a new work schedule for Code Mapping for consideration by ECCAF.
18 4. AOB
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