1. David Halldearn, ERGEG Conference on Implementing the 3 rd Package 11 th December 2008 Implementating the 3rd Package: An ERGEG Consultation paper

2. 2Conference on Implementing the 3 rd Package, Brussels, 11th December 2008 Provide basis for debate on approach to implementation Clarify who does what - especially between the Agency and the ENTSOs Examine in detail how stakeholders can be involved in the proposed processes – such as for the development of Framework Guidelines and Codes To accelerate the implementation process First reading of Parliament and political agreement of Council, but adoption not yet achieved Some uncertainties remain but main thrust now clear Implementation will take a long time – we should use the interim period to make progress Objective of consultation

3. 3Conference on Implementing the 3 rd Package, Brussels, 11th December 2008 Timetable – if everything goes well Q2 2009 3 rd Package Adopted Q3 2010 Agency operational Q2 2011 ENTSOs in place 2012? First codes

4. 4Conference on Implementing the 3 rd Package, Brussels, 11th December 2008 Starting early - important for Progress Only Agency can take decisions and present advice to Commission under 3 rd Package – not ERGEG or CEER However, preparatory work in the period from adoption to formal implementation of 3 rd Package can be used by Agency and ENTSOs as basis for their formal decisions In this way faster progress can be made Changes to proposals during final negotiating stages can be taken into account later Further consideration, too, of implications of Commission’s Strategic Energy Review

5. 5Conference on Implementing the 3 rd Package, Brussels, 11th December 2008 The Agency The Agency will have to adopt its own consultation procedures However, ERGEG will enhance its own consultation processes for use during the interim period The Agency could adopt the ERGEG procedures (with or without amendments) which will be tested during the interim Improvements to the ERGEG consultation include: Impact assessments Quality Charter Call for evidence

6. 6Conference on Implementing the 3 rd Package, Brussels, 11th December 2008 Stakeholder panel Proposed by stakeholders themselves Different sorts of panel could be envisaged Fully representative stakeholder panel Hard to make properly representative whilst also being effective Duplicates Madrid, Florence and other Fora ‘Ad hoc panels’ of expert customers, and network users Approximately 10 members, not representative Topic focused – to supplement rather than replace new enhanced consultation processes Organised under Madrid, Florence – or separately Could inform policy development – e.g. on Codes

7. 7Conference on Implementing the 3 rd Package, Brussels, 11th December 2008 Framework Guidelines and Codes Codes should be legally binding – and therefore drafted so they can be enforced We seek views on prioritising work on Codes We seek views on whether to group the list of technical areas into fewer Codes – perhaps three of four – in order to make the management of those with the strongest interactions easier in future Modification to Codes is also important – especially how to ensure changes are coherent and are collectively directed toward achieving a single market. Clear objectives are needed A public document is proposed to describe the working arrangements for co-ordination between the ENTSOs and the Agency – and the Regulators and EU TSO bodies in the interim 10-year investment plans – not a code, but principles document may be needed

8. 8Conference on Implementing the 3 rd Package, Brussels, 11th December 2008 Proposed Code Priorities : electricity Priority I: security and reliability rules; interoperability rules; and operational procedures in an emergency; Priority II: grid connection and access rules; capacity allocation and congestion management rules; transparency rules; Priority III: balancing rules including reserve power rules; data exchange and settlement rules; Priority IV: rules regarding harmonised transportation and tariff structures including locational signals and inter-TSO compensation rules; energy efficiency on electricity grids.

9. 9Conference on Implementing the 3 rd Package, Brussels, 11th December 2008 Proposed Code Priorities: Gas Priority I: capacity allocation and congestion management rules; transparency rules; balancing rules; Priority II: rules regarding harmonised transmission tariff structures; interoperability rules; Priority III: security and reliability rules; grid connection and access rules; data exchange (although aspects of this area may have relevance to other, higher priority areas) and settlement rules; rules for trading related to technical and operational provision of network access services and system balancing; and Priority IV: operational procedures in an emergency, energy efficiency regarding gas networks.

10. 10Conference on Implementing the 3 rd Package, Brussels, 11th December 2008 Regional Dimension Need to recognise existing regional and national differences are very wide. A single market will take time The development of binding and enforceable Codes will need to take account of essential differences in approach between regions Regional developments will continue and must be consistent with convergence towards a single market Co-ordination arrangements to achieve this will build on the existing structures on the Regional Initiative Stakeholders will continue to be fully involved through the Stakeholder panels and regional consultations on regional issues

11. 11Conference on Implementing the 3 rd Package, Brussels, 11th December 2008 Consultation timetable Long consultation period to reflect complexity of issues and need for debate Consultation opened on 21 October and closes 31 December 2008 Conclusions in February 2009

12. 12Conference on Implementing the 3 rd Package, Brussels, 11th December 2008 Thank you for your attention! More information on the consultation paper and the 3 appendices are available at: www.energy-regulators.eu