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Document 32007D0394
2007/394/EC: Commission Decision of 7 June 2007 amending Council Directive 90/377/EEC with regard to the methodology to be applied for the collection of gas and electricity prices charged to industrial end-users (Text with EEA relevance)
2007/394/EC: Commission Decision of 7 June 2007 amending Council Directive 90/377/EEC with regard to the methodology to be applied for the collection of gas and electricity prices charged to industrial end-users (Text with EEA relevance)
2007/394/EC: Commission Decision of 7 June 2007 amending Council Directive 90/377/EEC with regard to the methodology to be applied for the collection of gas and electricity prices charged to industrial end-users (Text with EEA relevance)
OJ L 148, 9.6.2007, p. 11–16
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
No longer in force, Date of end of validity: 26/11/2008; Repealed by 32008L0092
Relation | Act | Comment | Subdivision concerned | From | To |
---|---|---|---|---|---|
Modifies | 31990L0377 | Replacement | annex 2 | 29/06/2007 | |
Modifies | 31990L0377 | Replacement | annex 1 | 29/06/2007 |
Relation | Act | Comment | Subdivision concerned | From | To |
---|---|---|---|---|---|
Repealed by | 32008L0092 |
9.6.2007 |
EN |
Official Journal of the European Union |
L 148/11 |
COMMISSION DECISION
of 7 June 2007
amending Council Directive 90/377/EEC with regard to the methodology to be applied for the collection of gas and electricity prices charged to industrial end-users
(Text with EEA relevance)
(2007/394/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/377/EEC concerning a Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users (1), and in particular Article 6 thereof,
Whereas:
(1) |
Directive 90/377/EEC sets out details concerning the form, content and all other features of the information to be provided by undertakings which supply gas or electricity to industrial end-users. |
(2) |
The methodology used to collect price information needs to be kept up to date to reflect the reality of competitive markets for electricity and gas developed under Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC (2) and Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC (3), including the fact that several suppliers are now active in each market. |
(3) |
Directive 90/377/EEC should therefore be amended accordingly. |
(4) |
The measures provided for in this Decision are in accordance with the opinion of the Committee referred to in Article 7 of Directive 90/377/EEC, |
DECIDES:
Article 1
The Annexes to Directive 90/377/EEC are replaced by the text in the Annex to this Decision.
Article 2
This Decision shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 7 June 2007.
For the Commission
Andris PIEBALGS
Member of the Commission
(1) OJ L 185, 17.7.1990, p. 16 to 24. Directive as last amended by Directive 2006/108/EC (OJ L 363, 20.12.2006, p. 414).
(2) OJ L 176, 15.7.2003, p. 37. Directive as last amended by Council Decision 2006/653/EC (OJ L 270, 29.9.2006, p. 72).
(3) OJ L 176, 15.7.2003, p. 57.
ANNEX
ANNEX I
GAS PRICES
Gas prices for industrial end-users (1) to be collected and compiled according to the following methodology:
(a) |
Prices to be reported are prices paid by industrial end-users buying natural gas distributed through mains for their own use. |
(b) |
All industrial uses of gas are considered. However, the system excludes consumers who use gas:
|
(c) |
Prices recorded to be based on a system of standard consumption bands defined by a range of annual gas consumption. |
(d) |
Prices will be collected twice per year, at the beginning of each six-month period, (January and July) and will refer to the average prices paid by industrial end-users for gas over the previous six months. The first communication of price data to the Statistical Office of the European Communities will refer to the situation on 1 January 2008. |
(e) |
Prices must be expressed in national currency per gigajoule. The unit of energy used is measured on the basis of the gross calorific value (GCV). |
(f) |
Prices must include all charges payable: network charges plus energy consumed minus any rebates or premiums, plus other charges (meter rental, standing charges, etc.). Initial connection charges are not to be included. |
(g) |
Prices are to be recorded as national average prices. |
(h) |
The Member States develop and implement cost-effective procedures to ensure a representative data compilation system based on the following rules:
|
(i) |
Three levels of prices are to be provided:
|
(j) |
Gas prices will be surveyed for the following categories of industrial end-user:
|
(k) |
Once every two years, together with the January price reporting, information about the compilation system applied will be communicated to the Statistical Office of the European Communities and particularly: a description of the survey and its scope (number of supply undertakings surveyed, aggregated percentage of the market represented, etc.) and the criteria used to calculate weighted average prices as well as the aggregated consumption volumes represented by each band. The first communication related to the compilation system shall concern the situation on 1 January 2008. |
(l) |
Once per year, together with the January price reporting, information about the main average characteristics and factors affecting the prices reported for each consumption band will be communicated to the Statistical Office of the European Communities. The information will include:
|
(m) |
Once per year, together with the January reporting, the rates and method of calculation as well as a description of the taxes levied on gas sales to industrial end-users should also be reported. The description must include any non-tax levy covering system costs and public service obligations. The description of taxes to be provided will include three clearly separated sections:
An outline of the different taxes, levies, non-tax levies, fees and fiscal charges applicable are:
Taxes on income, property related taxes, oil for motor cars, road taxes, taxes on licences for telecom, radio, advertising, fees for licences, taxes on waste, etc. will not be taken into consideration and are excluded from this description, because they are undoubtedly part of the operators costs and apply also to other industries or activities. |
(n) |
In Member States where one company covers all the industrial sales, the information may be communicated by that company. In Member States where more than one company operates, the information should be communicated by an independent statistical body. |
ANNEX II
ELECTRICITY PRICES
Electricity prices for industrial end-users (2) to be collected and compiled according to the following methodology:
(a) |
Prices to be reported are prices paid by industrial end-users buying electricity for their own use. |
(b) |
All industrial uses of electricity are considered. |
(c) |
Prices recorded to be based on a system of standard consumption bands defined by a range of annual electricity consumption. |
(d) |
Prices will be collected twice per year, at the beginning of each six-month period, (January and July) and will refer to the average prices paid by the industrial end-user for electricity over the previous six months. The first communication of price data to the Statistical Office of the European Communities will refer to the situation on 1 January 2008. |
(e) |
Prices must be expressed in national currency per kWh. |
(f) |
Prices must include all charges payable: network charges plus energy consumed minus any rebates or premiums, plus other charges (capacity charges, commercialisation, meter rental, etc.). Initial connection charges are not to be included. |
(g) |
Prices are to be recorded as national average prices. |
(h) |
The Member States develop and implement cost-effective procedures to ensure a representative data compilation system based on the following rules:
|
(i) |
Three levels of prices are to be provided:
|
(j) |
Electricity prices will be surveyed for the following categories of industrial end-user:
|
(k) |
Once every two years, together with the January price reporting, information about the compilation system applied will be communicated to the Statistical Office of the European Communities and particularly: a description of the survey and its scope (number of supply undertakings surveyed, aggregated percentage of the market represented, etc.) and the criteria used to calculate the weighted average prices as well as the aggregated consumption volumes represented by each band. The first communication related to the compilation system shall concern the situation on 1 January 2008. |
(l) |
Once per year, together with the January price reporting, information about the main average characteristics and factors affecting the prices reported for each consumption band will be communicated to the Statistical Office of the European Communities. The information to be provided will include:
|
(m) |
Once per year, together with the January price reporting, the rates and method of calculation as well as a description of the taxes levied on electricity sales to industrial end-users should be reported. The description must include any non-tax levy covering system costs and public service obligations. The description on taxes to be provided will include three clearly separated sections:
An outline of the different taxes, levies, non-tax levies, fees and fiscal charges that can be applicable are:
Taxes on income, property related taxes, excise duties on oil products and fuels other than for electricity generation, oil for motor cars, road taxes, taxes on licences for telecom, radio, advertising, fees for licences, taxes on waste, etc. will not be taken into consideration and are excluded from this description, because they are undoubtedly part of the operators costs and apply to other industries or activities. |
(n) |
Once per year, together with the January price reporting, a breakdown of electricity prices into their main components will be communicated to the Statistical Office of the European Communities. This breakdown of electricity prices into their main components will be based on the following methodology: The complete price for electricity per consumption band can be considered as the global sum of “Network” prices, “Energy and Supply” prices (i.e. from generation to commercialisation, except networks) and all taxes and levies.
NOTE: If complementary services are identified separately, then they can be allocated into one of the two main components as follows:
|
(o) |
In Member States where one company covers all the industrial sales, the information may be communicated by that company. In Member States where more than one company operates, the information should be communicated by an independent statistical body. |
(1) Industrial end-user may include other non-residential users
(2) Industrial end-user may include other non-residential user