(1)

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 (1) is to be incorporated into the EEA Agreement.

(2)

Close cooperation between TSOs and regulators should ensure that sensitive information, such as detailed information about electrical substations, exact location of underground transmission, information about control systems and detailed vulnerability analyses that can be used for sabotage, is effectively protected.

(3)

Commission Regulation (EU) No 774/2010 (2) has expired in the EU and should consequently be repealed under the EEA Agreement.

(4)

Annex IV to the EEA Agreement should therefore be amended accordingly,

(a)

The following shall be added to points 4.1 to 4.3 of Part A of the Annex:

“Agreements between TSOs may ensure that sensitive information is effectively protected and help guaranteeing that all information which is necessary to implement the ITC mechanism is submitted without delay.”

(b)

The first sentence of point 3 of part B of the Annex shall be replaced with the following:

“The value of the annual average transmission charges paid by producers shall be within a range of 0 to 0,5 EUR/MWh, except those applying in Denmark, Sweden, Finland, Norway, Iceland, Romania, Ireland, Great Britain and Northern Ireland.”

(c)

The second sentence of point 3 of part B of the Annex shall be replaced with the following:

“The value of the annual average transmission charges paid by producers in Denmark, Sweden, Finland, Norway and Iceland shall be within a range of 0 to 1,2 EUR/MWh.” ”