European Union public consultation - Reform of the EU’s electricity market design

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The European Commission has recently launched a public consultation regarding an upcoming reform of the European electricity market. The proposal could lead to the biggest reform on the electricity market since the first Directive 96/92/EC of the European Parliament and of the Council of 19 December 1996 concerning common rules for the internal market in electricity.

The consultation process gives the opportunity to provide feedback on a series of policy objectives to be pursued by the reform.

In particular, the reform aims to adjust the EU’s electricity market design through amendments to the Electricity Regulation (EU) 2019/943, the Electricity Directive (EU) 2019/944 and the Regulation (EU) No 1227/2011 (REMIT). According to the consultation document, the target is not to entirely change the current electricity market design. However, the reform shall include substantial adjustments to make the market more resilient and to in particular reduce the impact of gas prices.

In concrete terms, this means that e.g. incentives for long-term contracts shall be created through long-term power purchase agreements (PPAs) and/or so-called two-way contracts for difference (“two-way CfDs”), so that electricity costs become more independent from the short-term cost of fossil fuels. Liquidity in forward markets shall be increased by establishing virtual trading hubs for forward contracts, as they already exist in certain regions. The conditions for flexibility solutions such as demand response, energy storage, and other weather independent renewable and low carbon sources shall be improved through measures that incentivize the development of such flexibility instruments in the market. In addition, consideration will be given to adopting certain emergency interventions from the Council Regulation (EU) 2022/1854 of 6 October 2022 on an emergency intervention to address high energy prices.

The consultation is open to all stakeholders and other interested parties. The replies to the public consultation should be provided by 13 February 2023 at the latest.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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