Progress: Procedure lapsed or withdrawn
Legal Basis:
Adhesion Treaty (10 countries) TTE 057Events
PURPOSE : to grant Estonia a temporary derogation on certain provisions on the opening-up of its electricity market.
LEGISLATIVE ACT : Council Directive 2004/85/EC amending Directive 2003/54/EC of the European Parliament and of the Council as regards the application of certain provisions to Estonia.
CONTENT : During the accession negotiations, Estonia invoked the specific characteristics of its electricity sector to request a transitional period for the application of Directive 96/92/EC concerning common rules for the internal market in electricity. Estonia was granted a transitional period until 31 December 2008 for the application of Article 19(2) of Directive 96/92/EC, relating to the gradual opening of the market. Directive 96/92/EC was replaced by Directive 2003/54/ EC which has to be implemented by 1 July 2004 and which has the effect of speeding up the opening of the electricity market.
Estonia transmitted a request aimed at not applying Article 21(1)(b) of Directive 2003/54/EC, on the opening of the market to non-household customers, until 31 December 2012. It indicated that it was planning to achieve the complete opening of the market provided for in Article 21(1)(c) of that Directive by 31 December 2015. The request made by Estonia is granted by this directive. The following points should be noted:
- The request by Estonia is based on a credible restructuring plan for the oil shale sector extending until 31 December 2012.
- Oil shale is the only real indigenous energy resource in Estonia and national production represents almost 84 % of world production. 90 % of the electricity produced in Estonia is from this solid fuel. It is therefore of great strategic importance for security of supply in Estonia.
- The granting of a further derogation for the period 2009 to 2012 will guarantee security of investments in generating plants and security of supply in Estonia while allowing the serious environmental problems created by those plants to be resolved.
- Estonia must take the measures necessary to ensure the opening of its electricity market. This will be carried out gradually over the reference period with the aim of complete opening of the market by 1 January 2013. On 1 January 2009, the opening of the market must represent at least 35 % of consumption. Estonia will communicate annually to the Commission the consumption thresholds extending eligibility to final customers.
ENTRY INTO FORCE : 8 July 2004.
DATE OF TRANSPOSITION : 1 July 2004.
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