Contents
- THE EUROPEAN COMMISSION, Having regard to the Treaty on th…
- 1 A derogation is granted to the Portuguese Republic from th…
- 2 The derogation granted under Article 1 shall apply until 2…
- 3 The derogation granted under Article 1 shall apply only fo…
- 4 This Decision shall apply from 29 July 2020.
- 5 This Decision is addressed to the Portuguese Republic.
THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EUnote, and in particular Article 66 thereof,Whereas:
HAS ADOPTED THIS DECISION:
Article 1#
A derogation is granted to the Portuguese Republic from the provisions of Articles 4, 5, 6, 35 and 36 of Directive (EU) 2019/944 in respect of the small isolated system of the island of Berlenga.
Article 2#
The derogation granted under Article 1 shall apply until 29 July 2040.The Portuguese authorities may apply to the Commission for an extension of the derogation period, provided that they inform the Commission sufficiently in advance of the end of the derogation period referred to in the first paragraph whether they consider an extension necessary.The derogation granted under Article 1 shall no longer apply to the small isolated system of the island of Berlenga if the island becomes interconnected with the mainland system, or if any major developments occur that could affect the conditions under which the derogation was granted.The Portuguese authorities shall inform the Commission of any such developments.
Article 3#
The derogation granted under Article 1 shall apply only for the purposes of the Sustainable Berlenga project.The Portuguese authorities shall ensure that all following conditions are met:
(a)the Sustainable Berlenga project is implemented under conditions that aim to increase competition and integration of the internal market and that do not obstruct the transition towards renewable energy, increased flexibility, energy storage, electromobility or demand response;
(b)the National Regulatory Authority (NRA) is able to observe and monitor the costs of the Sustainable Berlenga project;
(c)the unbundling of accounts requirement set out in Article 56 of Directive (EU) 2019/944 applies also to the Sustainable Berlenga project, and E-REDES or a new concessionaire keeps separate accounts for the ownership and operation of the generation assets;
(d)the costs of the Sustainable Berlenga project are not recovered through distribution network tariffs in order to avoid cross-subsidies, but through separate resources.
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