Uwarunkowania i kierunki zmian regulacji kodeksów sieci rynku energii elektrycznej Unii Europejskiej po 2020 r.
Conditions and directions of the changes in the European Union electricity market network codes after 2020

Summary/Abstract: The subsequent stage of liberalisation of the electricity market in the European Union was the implementation of the network codes model. Their innovative nature was demonstrated by transferring competences to market participants in the scope of creating a draft network code within the framework of a strictly defined procedure at the EU level. Then, by way of comitology, the European Commission adopted such a network code with the active participation of representatives of the Member States. The entry into force of the Lisbon Treaty disturbed this model of creating network codes to such an extent that for the next 10 years they were being adopted de facto without any new rules. Only Regulation (EU) 2019/943 of the European Parliament and of the Council, which entered into force on 1 January 2020, is a compromise solution to several problematic issues. It introduces a number of changes to the model of application of delegated and implementing acts to network codes, to the definition of the matters governed by network codes, or to the clarification of the scope of application of the guidelines as means of regulating areas not regulated at the European Union level. It also strengthens the rules for the participation of market participants in this multicentric regulatory model. These changes significantly affect the place of Member States in this process, resulting in the need to develop mechanisms for wider multi-sectoral cooperation to achieve public objectives. The aim of the article is to show — on the basis of historical conditions — the directions of changes in the creation of electricity market network codes.

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