Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (recast) (Text with EEA relevance)

Changes over time for: Article 63

Alternative versions:

Changes to legislation:

Regulation (EU) 2019/943 of the European Parliament and of the Council, Article 63 is up to date with all changes known to be in force on or before 06 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Article 63:

Art. 63(4A) words substituted by 2023 c. 52 Sch. 17 para. 18

Article 63U.K.New interconnectors

1.New direct current interconnectors may, upon request, be exempted, for a limited period, from [F1the provisions specified in paragraph 4A] provided that the following conditions are met:

(a)the investment enhances competition in electricity supply;

(b)the level of risk attached to the investment is such that the investment would not take place unless an exemption is granted;

(c)the interconnector is owned by a [F2person who] is separate, at least in terms of its legal form, from the system operators in whose systems that interconnector is to be built;

(d)charges are levied on users of that interconnector;

(e)F3... no part of the capital or operating costs of the interconnector has been recovered from any component of charges made for the use of transmission or distribution systems linked by the interconnector; and

(f)an exemption would not be to the detriment of competition or the effective functioning of the [F4electricity market in Great Britain], or the efficient functioning of the regulated system to which the interconnector is linked.

2.Paragraph 1 shall also apply, in exceptional cases, to alternating current interconnectors provided that the costs and risks of the investment in question are particularly high when compared with the costs and risks normally incurred when connecting two neighbouring national transmission systems by an alternating current interconnector.

3.Paragraph 1 shall also apply to significant increases of capacity in existing interconnectors.

4.The decision granting an exemption as referred to in paragraphs 1, 2 and 3 shall be taken on a case-by-case basis by the regulatory [F5authority]. An exemption may cover all or part of the capacity of the new interconnector, or of the existing interconnector with significantly increased capacity.

F6...

In deciding to grant an exemption, [F7the regulatory authority] shall take into consideration, on a case-by-case basis, the need to impose conditions regarding the duration of the exemption and non-discriminatory access to the interconnector. When deciding on those conditions, regulatory authorities shall, in particular, take account of additional capacity to be built or the modification of existing capacity, the time-frame of the project and national circumstances.

Before granting an exemption, the [F8regulatory authority] shall decide on the rules and mechanisms for management and allocation of capacity. Those congestion-management rules shall include the obligation to offer unused capacity on the market and users of the facility shall be entitled to trade their contracted capacities on the secondary market. In the assessment of the criteria referred to in points (a), (b) and (f) of paragraph 1, the results of the capacity-allocation procedure shall be taken into account.

F9...

The exemption decision, including any conditions referred to in the third subparagraph of this paragraph, shall be duly reasoned and published.

[F104A.The provisions specified for the purposes of paragraph 1 are the standard conditions of an interconnector licence granted under section 6(1)(e) of the Electricity Act 1989 relating to—

(a)the provision of third-party access to an interconnector;

(b)tariffs or charging methodologies for such access;

(c)use of revenues.]

F115.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F116.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F117.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F118.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9.F12... Paragraphs 1 to [F134A apply to the decision of the regulatory authority] to modify an exemption decision, taking into account the particularities of the existing exemption.

F1410.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1411.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in Art. 63(1) substituted (E.W.S.) (31.12.2020) by The Electricity and Gas (Internal Markets and Network Codes) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1006), reg. 1(2), Sch. 4 para. 32(2)(a)

F2Words in Art. 63(1)(c) substituted (E.W.S.) (31.12.2020) by The Electricity and Gas (Internal Markets and Network Codes) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1006), reg. 1(2), Sch. 4 para. 32(2)(b)

F3Words in Art. 63(1)(e) omitted (E.W.S.) (31.12.2020) by virtue of The Electricity and Gas (Internal Markets and Network Codes) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1006), reg. 1(2), Sch. 4 para. 32(2)(c)

F4Words in Art. 63(1)(f) substituted (E.W.S.) (31.12.2020) by The Electricity and Gas (Internal Markets and Network Codes) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1006), reg. 1(2), Sch. 4 para. 32(2)(d)

F5Word in Art. 63(4) substituted (E.W.S.) (31.12.2020) by The Electricity and Gas (Internal Markets and Network Codes) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1006), reg. 1(2), Sch. 4 para. 32(3)(a)

F6Words in Art. 63(4) omitted (E.W.S.) (31.12.2020) by virtue of The Electricity and Gas (Internal Markets and Network Codes) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1006), reg. 1(2), Sch. 4 para. 32(3)(b)

F7Words in Art. 63(4) substituted (E.W.S.) (31.12.2020) by The Electricity and Gas (Internal Markets and Network Codes) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1006), reg. 1(2), Sch. 4 para. 32(3)(c)

F8Words in Art. 63(4) substituted (E.W.S.) (31.12.2020) by The Electricity and Gas (Internal Markets and Network Codes) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1006), reg. 1(2), Sch. 4 para. 32(3)(d)

F9Words in Art. 63(4) omitted (E.W.S.) (31.12.2020) by virtue of The Electricity and Gas (Internal Markets and Network Codes) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1006), reg. 1(2), Sch. 4 para. 32(3)(e)