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Commission Regulation (EU) No 838/2010 of 23 September 2010 on laying down guidelines relating to the inter-transmission system operator compensation mechanism and a common regulatory approach to transmission charging (Text with EEA relevance)
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The ITC fund shall provide compensation for:
the costs of losses incurred national transmission systems as a result of hosting cross-border flows of electricity;
and
the costs of making infrastructure available to host cross-border flows of electricity.
Payments from the ITC Fund shall be calculated in accordance with points 4 and 5.
ENTSO for Electricity shall be responsible for establishing arrangements for the collection and disbursement of all payments relating to the ITC Fund, and shall also be responsible for determining the timing of payments. All contributions and payments shall be made as soon as possible, and at the latest within six months of the end of the period to which they apply.
ENTSO for Electricity shall co-operate with the Commission and with the Agency in this task and shall provide the Agency with all information necessary for this purpose.
Each transmission system operator shall provide ENTSO for Electricity and the Agency with all information necessary for the implementation of the ITC Mechanism.
For the purpose of calculating transits of electricity the amount of imports and the amount of exports at each interconnection between national transmission systems shall be reduced in proportion to the share of capacity allocated in a manner which is not compatible with Point 2 of the guidelines on congestion management set out in Annex I of Regulation (EC) No 714/2009.
Notwithstanding the provisions of the second subparagraph of this point imports and exports of electricity on interconnections with third countries to which the provisions of point 7.1 apply shall be included in the calculation of transit of electricity.
For ITC mechanism parties with a common border with at least one third country to which the provisions of Point 7.1 apply the following adjustments to the calculation of net flow shall be made:
if total exports of electricity to countries where the TSOs participate in the ITC Mechanism are greater than total imports of electricity from countries where the TSOs participate in the ITC Mechanism, net flows shall be reduced by the lower of:
net import flows from those third countries; or
net export flows to countries where the transmission system operator participates in the ITC Mechanism;
if total imports of electricity from countries where the TSOs participate in the ITC Mechanism are greater than total exports of electricity to countries where the TSOs participate in the ITC Mechanism then net flows shall be reduced by the lower of
net export flows to those third countries; or
net import flows from countries where the transmission system operator participates in the ITC mechanism.
In particular, the transmission system operators operating in the territories referred to in Article 9 of the Energy Community Treaty(1) shall be entitled to participate in the ITC mechanism.
Each transmission system operator from a third country participating in the ITC mechanism shall be treated on an equivalent basis to a transmission system operator of a Member State.
whether the agreement relates only to compensation between transmission system operators (TSOs) for the costs of hosting cross-border flows of electricity;
whether the requirements of points 3.2 and 3.4 are respected.
In preparing its opinion the Commission may consult the Agency.
the amount of losses actually incurred on the transmission system during the relevant period;
and
the estimated amount of losses on the transmission system which would have been incurred on the system during the relevant period if no transits of electricity had occurred.
Where the relevant regulatory authority has not approved a basis for the calculation of losses for a period of time for which the ITC mechanism applies, the value of losses for the purposes of the ITC mechanism shall be estimated by ENTSO for Electricity.
transit factor, referring to transits on that national transmission system state as a proportion of total transits on all national transmission systems;
load factor, referring to the square of transits of electricity, in proportion to load plus transits on that national transmission system relative to the square of transits of electricity in proportion to load plus transit for all national transmission systems.
The transit factor shall be weighted 75 % and the load factor 25 %.
This assessment shall consist of a technical and economic assessment of the forward-looking long-run average incremental costs on an annual basis of making such electricity transmission infrastructure available for cross-border flows of electricity over the relevant period, and shall be based on recognised standard-costing methodologies.
Where infrastructure is financed by sources other than charges for access to networks applied in accordance with Article 14 of Regulation (EC) No 714/2009 the assessment of costs of making infrastructure available for cross-border flows of electricity shall be appropriately adjusted to reflect this.
This Union-wide assessment of the electricity transmission infrastructure shall include infrastructure in all Member States and third countries participating in the ITC mechanism and in systems operated by transmission system operators who have concluded multi-party agreements referred to in point 3.
that country has not concluded agreement with the Union whereby it has adopted and is applying Union law in the field of electricity;
or
the transmission system operator responsible for the system from which electricity is imported or to which electricity is exported has not concluded a multi-party agreement referred to in point 3.
This fee shall be expressed in Euros per megawatt hour.
For the calculation set out at Point 3, transmission charges shall exclude:
charges paid by producers for physical assets required for connection to the system or the upgrade of the connection;
charges paid by producers related to ancillary services;
specific system loss charges paid by producers.
The value of the annual average transmission charges paid by producers in Denmark, Sweden and Finland shall be within a range of 0 to 1,2 EUR/MWh.
Annual average transmission charges paid by producers in Ireland, Great Britain and Northern Ireland shall be within a range of 0 to 2,5 EUR/MWh, and in Romania within a range of 0 to 2,0 EUR/MWh.
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