Consultancy Studies
Consultancy Background Studies
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Cross-border energy infrastructure is the backbone connecting the European markets and allowing their integration. Gas pipelines, together with liquefied natural gas (LNG) terminals and underground gas storage (UGS) facilities, are the hardware supporting market integration, competition, and enhancing the security of supply in an efficient and sustainable way. If coupled with electricity, gas infrastructure can also support the energy transition towards a less carbon-intensive, and eventually carbon-neutral future.
Gas infrastructure offers flexibility, energy storage and back-up services which are already in place and of significant scale. Gas infrastructure is thus not just an object, but a tool that could contribute positively to the most profound decade of change in the European energy system.
ACER's main tasks regarding trans-European gas infrastructure are performed in close cooperation with the national regulatory authorities and the ENTSOs for Electricity and Gas. ACER monitors the implementation of projects creating new interconnector capacity and the Union-wide network-development plans. If ACER identifies inconsistencies between those plans and their implementation, the Agency investigates and makes recommendations to the transmission system operators, regulatory authorities or other competent bodies concerned.
Each year, promoters of projects of common interest report to ACER their progress. Based on these inputs, ACER produces a consolidated annual report which highlights the development, construction and commissioning of the projects, as well as possible delays and difficulties in their implementation across Europe.
ACER fosters a proper assessment of the projects of common interest in terms of contribution to market integration, competition, security of supply and sustainability.
Network Codes and Guidelines are important instruments to organise access to the European Union's gas market. They aim at lowering barriers to entry for market participants, promoting market integration and improving market efficiency to the benefit of all EU citizens.
The gas industry is based on a vast interconnected physical network consisting of pipelines, LNG terminals, and gas storage facilities. Access to the EU gas market depends on access to the cross-border gas networks. To facilitate networks' access across EU Member States, the Union law foresaw to harmonise the relevant market rules in a number of Network Codes and Guidelines.
There are currently four gas Network Codes covering capacity allocation, tariffs, balancing rules, interoperability and data exchange rules, along with a Guideline on congestion management.
ACER and ENTSOG are responsible for jointly drafting the Network Codes, which are adopted by the European Commission through comitology procedure as binding regulations. The European Commission is also in charge of developing specific Guidelines, after consultation with ACER and ENTSOG. The Network Codes' and Guidelines' implementation takes place nationally, while the Agency offers guidance and monitors the effectiveness of the implemented rules at European level. ACER occasionally takes individual decisions in case of disagreement between NRAs on a cross-border issue, to ensure a consistent application of the legislation.
Currently, gaseous fuels used in the European Union are dominated by natural gas, a fuel of fossil origin. Natural gas is composed mostly of methane and is consequently associated with greenhouse gas emissions of carbon dioxide when the natural gas is used as fuel or as methane when the natural gas is produced, processed, transported and used.
Decarbonisation of gas can be achieved by different ways and means. In other words, decarbonisation entails different ways by which the greenhouse gas emissions associated with the life cycle of natural gas from its source to the end user can be avoided, eradicated, or mitigated.
On 15 December 2021, the European Commission published its hydrogen and decarbonised gas market legislative proposals. See the ACER-CEER Position Paper on Key Regulatory Requirements to Achieve Gas Decarbonisation (20 December 2021).
One way to decarbonise natural gas is to find ways to produce methane from renewable resources, such as biomass or natural waste. The resulting fuel is typically biogas (a mixture of methane and other gases) or biomethane (resulting from the separation of methane from the other biogas components).
Another way to decarbonise is to replace the natural gas with a sustainably produced non-methane one. Hydrogen produced via water electrolysis with the help of electricity from renewable resources is an example.
A third way is capturing the carbon contained in the natural gas, either before its use (pre-combustion, for example by converting it in a mixture of hydrogen and carbon dioxide destined for storage) or post-combustion, for instance by capturing the carbon dioxide and placing it in long-term geological storage.
There are other possible ways and means to decarbonise gas apart from the examples above. Methane emissions can be eradicated or minimised by applying a host of common sense practices, such as preventing venting during the exploration and production of natural gas, prohibiting flaring (especially when natural gas is produced as “associated gas” along with liquid hydrocarbons), avoiding fugitive emissions from valves and compressor stations, and making sure that burning is not incomplete.
Many of these “common sense” approaches apply not only to natural gas, but also to methane-containing decarbonised gases. It is therefore important to develop and deploy the relevant regulatory tools and methods for all methane-containing gases, decarbonised or not.
Decarbonised gases are only produced and used in the European Union on a minor scale, with the bulk being biogas and biomethane. Besides, most of the natural gas is imported (ca. 80%).
The ramping up of gas decarbonisation poses thus numerous challenges, ranging from assuring that the field is level for all available technology options and pathways, to supporting innovation by the right regulation, to monitoring, reporting and verifying greenhouse gas emissions across the entire international gas supply chain, to properly defining “green gases”, to making sure that competition is fair and market integration works.
Across this broad range of issues, ACER is committed to fostering the decarbonisation of the gas sector, by tackling different aspects in its regulatory tasks.
The Network Code on Emergency and Restoration (NC ER) provides the rules and standards for safeguarding a good level of operational security, preventing the propagation or deterioration of an incident to avoid a blackout, as well as allowing for an efficient and rapid restoration of the electricity system. The NC ER entered into force on 14 September 2017.
The NC ER's development was closely coordinated among ENTSO-E, ACER and the stakeholders.
As the NC ER does not foresee approvals by more than one regulatory authority, ACER will not be called upon to adopt decisions when regulatory authorities cannot agree on terms, conditions and methodologies.
Following the Framework Guidelines on Electricity System Operation, four network codes were initially developed:
Network Code on Operational Security
Network Code on Operational Planning and Scheduling
Network Code on Load-frequency Control and Reserves
Network Code on Emergency and Restoration
During the adoption process led by the European Commission, the Network Codes on Operational Security, Operational Planning and Scheduling and Load-frequency Control and Reserves were merged into the Guideline on Electricity Transmission System Operation.
ACER and ENTSO-E have established the System Operations European Stakeholder Committee (SO ESC), to organise stakeholders' involvement on the implementation of the operation codes.
The SO ESC meets regularly to:
Contribute to a more informed decision-making process regarding the implementation's methodologies and rules;
Monitor the progress in the implementation, as well as in the operation and functioning of all the processes – at local, regional and pan-European level;
Serve as a platform to share general views on the implementation, fostering stakeholders' engagements, receiving feedback and proposing amendments.
ACER and ENTSO-E monitor the implementation of the SO Regulation and of the NC ER.The purpose of these tasks is generally twofold.
First, ACER and ENTSO-E monitor the implementation of the operation codes in terms of requirements and provisions by TSOs.
Second, once the specific requirements have been implemented, ACER must monitor and analyse the implementation of the network codes and their effect on the harmonisation of applicable rules aimed at facilitating market integration, as well as on non-discrimination, effective competition and the efficient functioning of the market, and report to the Commission.
ACER and ENTSO-E will publish different monitoring reports addressing the implementation.
ACER monitors the implementation of network codes and guidelines, as well as their impact on the harmonisation of applicable rules to facilitate market integration, non-discrimination, effective competition and the market’s efficient functioning, and reports to the Commission.
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SO Regulation |
NC ER |
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Report on the implementation of SO Regulation: ACER issued a report on the implementation of the Regulation in July 2022. |
Report on the implementation of the NC ER: ACER issued a report on the implementation of the Regulation in December 2021. |
| Additional analysis of the SO Regulation: ACER intends to identify additional indicators to those specified in Article 15.3. As the implementation is ongoing, ACER expects to specify these indicators upon the approval of the relevant terms and conditions and methodologies (SO Regulation). | |
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ACER Opinions on the SO Regulation: The effects of the SO Regulation on the electric power system's behaviour are also indirectly demonstrated in ENTSO-E's reports based on the Incidents Classification Scale Methodology, on which ACER issued the following opinions: |
ACER Opinions on the NC ER: The effects of the Emergency and Restoration Network Code on the electric power system's behaviour are also indirectly demonstrated in ENTSO-E's reports based on the Incidents Classification Scale Methodology, on which ACER issued the following opinions: |
ENTSO-E is responsible for monitoring the implementation of both the SO Regulation and the NC ER.
ENTSO-E monitoring of the SO Regulation
ENTSO-E monitoring of the NC ER
Network codes and guidelines are binding rules governing connection requirements to the electricity networks in an effective and transparent manner. They were established in 2009 by the EU Regulation on conditions for access to the network for cross-border exchanges in electricity and recast in 2019 by the Regulation on the internal market for electricity .
The codes are crucial for ensuring the safety of system operation and the efficiency of the European Union's power grid.
Operation codes define the processes the transmission system operators (TSOs) must follow to manage the grid operation or when facing an incident. This includes rules on cross-border cooperation and standards for dealing with emergency situations.
To date, two network codes on system operation have been developed:
The Guideline on Electricity Transmission System Operation (SO Regulation) provides the rules and standards to ensure the required level of operational security, frequency, quality and efficient use of the interconnected system and resources.
The Network Code on Electricity Emergency and Restoration (NC ER) defines the rules to prevent the propagation of an incident, avoiding a blackout state or the worsening of operational conditions. It also allows for an efficient and rapid restoration of the electricity system.
The FCA Regulation has been developed in close cooperation with the Agency, ENTSO-E and stakeholders, in order to adopt effective, balanced and proportionate rules in a transparent and participative manner. In accordance with Article 18(3) of the Regulation (EC) No 714/2009, the Commission will consult the Agency, ENTSO-E and other relevant stakeholders, before proposing any amendment to the FCA Regulation.
Every proposal for the terms and conditions or methodologies should be submitted to public consultation before its submission for regulatory approval, in accordance with Article 6 of the FCA Regulation. The entities responsible for performing the consultation should duly consider the views of stakeholders resulting from the consultation, prior to its submission for regulatory approval. In all cases, a clear and robust justification for including or not the views resulting from the consultation should be developed and published in a timely manner before or simultaneously with the publication of the respective proposal.
Pursuant to Article 5 of the FCA Regulation, the Agency, in close cooperation with ENTSO-E, has established the Market European Stakeholder Committee (MESC), in order to organise stakeholder involvement regarding the aspects of the implementation of the FCA Regulation and holds regular meetings with stakeholders to identify problems and propose improvements notably related to the operation and development of the issues described in the FCA Regulation.