The Czech Republic has sent the Cyprus Presidency of the Council of the EU a reasoned opinion, adopted by its Senate on 25 March, ruling that the proposed ‘Grids’ package currently being negotiated is incompatible with the EU Treaties (see EUROPE 13829/13).
In a document published on Tuesday 7 April, the Czech Senate expressed a number of reservations, in particular regretting that the latest draft texts weaken national competences and give the European Commission and ACER a stronger role “at the expense of the Member States and system operators”.
The controversial subject of ‘congestion income’ is also mentioned in this opinion. In a situation of network saturation, these are incomes resulting from the difference in electricity prices between a cheaper exporting zone and a more expensive importing zone. These incomes are generally reinvested by the transmission system operators in the country of origin to increase capacity in the most congested parts of the network.
In its initial proposal, the European Commission suggested that 25% of ‘congestion incomes’ should be used to support cross-border projects.
According to the Czech Senate, “these incomes should be reinvested in national networks in the relevant bidding zones or continue to be used by operators to reduce tariffs for local consumers”.
The document also requests, in line with the Czech government’s position, that exemptions from environmental impact assessment (EIA), Natura 2000 assessment and species protection “remain optional” and “fully within the competence of Member States“.
To see the document: https://aeur.eu/f/lgk (Original version in French by Pauline Denys)