Electricity Regulation Act 1999

F190[Regional coordination centres

9O

9O. (1) It shall be a function of the Commission to approve a proposal for the establishment of one or more than one regional coordination centre in accordance with Article 35(1) of the 2019 Internal Electricity Market Regulation.

(2) In the event of the establishment of one or more than one regional coordination centre within the Commission’s system operation region, it shall be a function of the Commission –

(a) to approve the costs related to the activities of each regional coordination centre, which are to be borne by the transmission system operators within the system operation region, and to be taken into account in the calculation of tariffs, provided that they are reasonable and appropriate,

(b) to approve the cooperative decision-making process,

(c) to ensure that each regional coordination centre is equipped with all the necessary human, technical, physical and financial resources for fulfilling its obligations under the 2019 Internal Electricity Market Directive and carrying out its tasks independently and impartially,

(d) to propose jointly with other regulatory authorities of the system operation region additional tasks and additional powers that could be assigned to each regional coordination centre by the State, in coordination with other regulatory authorities in the system operation region,

(e) to ensure compliance by each regional coordination centre with the obligations under the 2019 Internal Electricity Market Directive and other relevant law of the European Union, in particular as regards cross-border issues, and jointly identify any failure of the regional coordination centre to comply with those obligations,

(f) where the Commission has not been able to reach an agreement (with the other regulatory authorities in the system operation region), within a period of 4 months after the start of consultations, on the matter of whether a failure to comply, as referred to in paragraph (e), has occurred or as to the extent of any such failure, to refer, jointly with those other authorities, the matter to the Agency for a decision, pursuant to Article 6(10) of the 2019 ACER Regulation,

(g) to monitor the performance of system coordination and report annually to the Agency in relation to such monitoring in accordance with Article 46 of the 2019 Internal Electricity Market Regulation.

(3) In performing its functions under this section, the Commission shall take all reasonable steps to ensure that such performance is closely coordinated with all relevant actions taken by other regulatory authorities in its system operation region.

(4) For the purposes of Article 62(2)(a) and (b) and (3) of the 2019 Internal Electricity Market Directive, section 55 shall be construed as if –

(a) ‘improper conduct’ includes failure by a regional coordination centre (which has its seat in the State) to comply with an obligation under the 2019 Internal Electricity Market Directive or the 2019 Internal Electricity Market Regulation or with any decision referred to in subsection (5) or any relevant legally binding decision of the Agency, and

(b) in circumstances of improper conduct referred to in paragraph (a), ‘specified body’ means such a regional coordination centre,

and Part IX and Schedule 4 shall apply in accordance with this subsection with any other necessary modifications.

(5) For the purposes of Article 62(2)(c) of the 2019 Internal Electricity Market Directive, the Commission, in conjunction with other regulatory authorities in its system operation region, may make and issue to a regional coordination centre a decision that the centre shall do, or shall refrain from doing, one or more things specified in the decision and the centre shall comply with any such decision.]

Annotations:

Amendments:

F190

Inserted (1.01.2021) by European Union (Internal Market in Electricity) (Regulatory Authority Matters) Regulations 2020 (S.I. No. 704 of 2020), reg. 4, in effect as per reg. 1(2)

Editorial Notes:

E58

The section heading is taken from the amending regulation in the absence of one included in the amendment.