Читать книгу Los Desafíos Jurídicos de la Transición Energética - Isabel González Ríos - Страница 69

An important procedural aspect to take note of at the beginning of any zone’s review is the definitions of the methods and assumptions that are used to build the framework within which the review takes place. These definitions were discussed and settled upon in a process that was carried out by the transmission system operators, the regulatory authorities and ACER in 201968.

On the basis of the agreed-upon methodology and assumptions, the transmission system operators participating in the bidding zone review shall submit a joint proposal to the relevant Member States (or their designated authorities) to enhance or maintain the bidding zone69.

If structural congestion points have been identified in the ENTSO report, the Member State concerned has to choose one of two possibilities: Either it can establish an action plan or it can review and enhance its bidding zone’s configuration.

All Member States involved should try to find a common solution on how to best address congestion and, as such, the action plan70 can be either national or multinational. Irrespective of such details, every action plan needs to contain a concrete timetable for adopting measures to reduce the structural congestions and the measures mentioned in the plan must be started within four years71.

If the assessments demonstrate that a transmission system operator has not made the necessary changes following the linear trajectory, the relevant Member States can decide unanimously whether to amend or maintain the bidding zone configuration within and between themselves. If the Member States do not reach a unanimous decision, the Commission shall consult ACER and then decide whether to amend or maintain the bidding zone’s configuration72. However, a bidding zone should not be reconfigured against the will of the Member State if the minimum capacity is reached73.

In addition to the above, those Member States that have opted to amend the bidding zone’s configuration (without establishing an action plan) can only do so by unanimous decision. In such case, both the Commission and ACER must be notified and the reasoning behind the decision made clear. If the relevant Member States fail to reach a unanimous decision, they must notify the Commission thereof and the Commission can then adopt a decision whether to amend or maintain the bidding zone’s configuration74.