1. Network congestion problems shall be addressed with non- discriminatory market-based solutions which give efficient eco nomic signals to the market participants and transmission system operators involved. Network congestion problems shall preferen tially be solved with non-transaction based methods, i.e. methods that do not involve a selection between the contracts of individual market participants.
2. Transaction curtailment procedures shall only be used in emergency situations where the transmission system operator must act in an expeditious manner and re-dispatching or coun tertrading is not possible. Any such procedure shall be applied in a non-discriminatory manner.
Except in cases of force majeure, market participants who have been allocated capacity shall be compensated for any curtailment.
3. The maximum capacity of the interconnections and/or the transmission networks affecting cross-border flows shall be made available to market participants, complying with safety standards of secure network operation.
4. Market participants shall inform the transmission system operators concerned a reasonable time in advance of the relevant operational period whether they intend to use allocated capacity. Any allocated capacity that will not be used shall be reattributed to the market, in an open, transparent and non-discriminatory manner.
5. Transmission system operators shall, as far as technically possible, net the capacity requirements of any power flows in opposite direction over the congested interconnection line in order to use that line to its maximum capacity. Having full regard to network security, transactions that relieve the congestion shall never be denied.
6. Any revenues resulting from the allocation of interconnec
tion shall be used for the following purposes:
(a) guaranteeing the actual availability of the allocated capacity;
and/or
(b) maintaining or increasing interconnection capacities through network investments, in particular in new interconnectors.
If the revenues cannot be efficiently used for the purposes set out in points (a) and/or (b) of the first subparagraph, they may be used, subject to approval by the regulatory authorities of the Member States concerned, up to a maximum amount to be decided by those regulatory authorities, as income to be taken into account by the regulatory authorities when approving the methodology for calculating network tariffs and/or fixing net work tariffs.
The rest of revenues shall be placed on a separate internal account line until such time as it can be spent on the purposes set out in points (a) and/or (b) of the first subparagraph. The regulatory authority shall inform the Agency of the approval referred to in the second subparagraph.
Quelle und Stand des Gesetzes
