Directive 2005/89/EC of the European Parliament and of the Council (repealed)Show full title

Article 3 General provisions

1. Member States shall ensure a high level of security of electricity supply by taking the necessary measures to facilitate a stable investment climate and by defining the roles and responsibilities of competent authorities, including regulatory authorities where relevant, and all relevant market actors and publishing information thereon. The relevant market actors include, inter alia, transmission and distribution system operators, electricity generators, suppliers and final customers.

2. In implementing the measures referred to in paragraph 1, Member States shall take account of:

(a) the importance of ensuring continuity of electricity supplies;

(b) the importance of a transparent and stable regulatory framework;

(c) the internal market and the possibilities for cross-border cooperation in relation to security of electricity supply;

(d) the need for regular maintenance and, where necessary, renewal of the transmission and distribution networks to maintain the performance of the network;

(e) the importance of ensuring proper implementation of Directive 2001/77/EC of the European Parliament and of the Council of 27 September 2001 on the promotion of electricity produced from renewable energy sources in the internal electricity market(1) and Directive 2004/8/EC of the European Parliament and of the Council of 11 February 2004 on the promotion of cogeneration based on a useful heat demand in the internal energy market(2), insofar as their provisions are related to security of electricity supply;

(f) the need to ensure sufficient transmission and generation reserve capacity for stable operation;

and

(g) the importance of encouraging the establishment of liquid wholesale markets.

3. In implementing the measures referred to in paragraph 1, Member States may also take account of:

(a) the degree of diversity in electricity generation at national or relevant regional level;

(b) the importance of reducing the long-term effects of the growth of electricity demand;

(c) the importance of encouraging energy efficiency and the adoption of new technologies, in particular demand management technologies, renewable energy technologies and distributed generation;

and

(d) the importance of removing administrative barriers to investments in infrastructure and generation capacity.

4. Member States shall ensure that any measures adopted in accordance with this Directive are non-discriminatory and do not place an unreasonable burden on the market actors, including market entrants and companies with small market shares. Member States shall also take into account, before their adoption, the impact of the measures on the cost of electricity to final customers.

5. In ensuring an appropriate level of interconnection between Member States, as referred to in Article 1(1)(c), special consideration shall be given:

(a) each Member State’s specific geographical situation;

(b) maintaining a reasonable balance between the costs of building new interconnectors and the benefit to final customers;

and

(c) ensuring that existing interconnectors are used as efficiently as possible.

(1)

OJ L 283, 27.10.2001, p. 33. Directive as amended by the 2003 Act of Accession.

(2)

OJ L 52, 21.2.2004, p. 50.