Closed distribution network means a network classified as closed distribution network pursuant to Article 28(1) of Directive 2009/72/EC at national level.

 

 

'Closed distribution system' means a system classified pursuant to Article 28 of Directive 2009/72/EC as a closed distribution system by national regulatory authorities or by other competent authorities, where so provided by the Member State, which distributes electricity within a geographically confined industrial, commercial or shared services site and does not supply household customers, without prejudice to incidental use by a small number of households located within the area served by the system and with employment or similar associations with the owner of the system.

 

Article 2(5) of the Demand Connection Code (DCC)

 

Article 28 of Directive 2009/72/EC defines such a network as a system which distributes electricity within a geographically confined, industrial, commercial or shared services site and does not (without prejudice to a small number of households located within the area served by the system and with employment or similar associations with the owner of the system) supply households customers.

 

The closed distribution network will either have its operations or the production process of the users of the system integrated for specific or technical reasons or distribute electricity primarily to the owner or operator of the closed distribution network or their related undertakings.

 

The Winter Energy Package adds the clarification that closed distribution systems must be considered distribution systems (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/EU, Article 38(2)).

 

As the consequence of this addition, closed distribution networks will need to comply with the unbundling rules applying to distribution system operators (save for the exemption under the “100,000-customers”- rule in respect to small isolated systems, which remained unchanged from the 3rd Package provisions, which would be applicable and applied by the Member State concerned).

 

Furthermore, three new exemption possibilities for the EU Member States with regard to closed distribution networks have been added in the Directive (EU) 2019/944 - Member States may provide for National Regulatory Authorities (NRAs) to exempt the Closed Distribution Network Operator (CDSO) from the following requirements:

 

- to procure flexibility services and to submit network development plans to the NRA;

 

- not to own, develop, manage or operate recharging points for electric vehicles;

 

- not to own, develop, manage or operate energy storage facilities.

 

In addition, the new Citizen Energy Communities (CECs) can also become a closed distribution network under Article 38 of the Directive (EU) 2019/944.


 

 

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/EU, Article 38, Recitals 47, 66

 

Recital 47

 

This Directive empowers Member States to allow citizen energy communities to become distribution system operators either under the general regime or as ‘closed distribution system operators’. Once a citizen energy community is granted the status of a distribution system operator, it should be treated as, and be subject to the same obligations as, a distribution system operator. The provisions of this Directive on citizen energy communities only clarify aspects of distribution system operation that are likely to be relevant for citizen energy communities, while other aspects of distribution system operation apply in accordance with the rules relating to distribution system operators.
 

Recital 66


Where a closed distribution system is used to ensure the optimal efficiency of an integrated supply that requires specific operational standards, or where a closed distribution system is maintained primarily for the use of the owner of the system, it should be possible to exempt the distribution system operator from obligations which would constitute an unnecessary administrative burden because of the particular nature of the relationship between the distribution system operator and the system users. Industrial sites, commercial sites or shared services sites such as train station buildings, airports, hospitals, large camping sites with integrated facilities, and chemical industry sites can include closed distribution systems because of the specialised nature of their operations.

 

Article 38
Closed distribution systems


1.   Member States may provide for regulatory authorities or other competent authorities to classify a system which distributes electricity within a geographically confined industrial, commercial or shared services site and does not, without prejudice to paragraph 4, supply household customers, as a closed distribution system if:


(a) for specific technical or safety reasons, the operations or the production process of the users of that system are integrated; or


(b) that system distributes electricity primarily to the owner or operator of the system or their related undertakings.


2.   Closed distribution systems shall be considered to be distribution systems for the purposes of this Directive. Member States may provide for regulatory authorities to exempt the operator of a closed distribution system from:


(a) the requirement under Article 31(5) and (7) to procure the energy it uses to cover energy losses and the non-frequency ancillary services in its system in accordance with transparent, non-discriminatory and market-based procedures;


(b) the requirement under Article 6(1) that tariffs, or the methodologies underlying their calculation, are approved in accordance with Article 59(1) prior to their entry into force;


(c) the requirements under Article 32(1) to procure flexibility services and under Article 32(3) to develop the operator's system on the basis of network development plans;


(d) the requirement under Article 33(2) not to own, develop, manage or operate recharging points for electric vehicles; and


(e) the requirement under Article 36(1) not to own, develop, manage or operate energy storage facilities.


3.   Where an exemption is granted under paragraph 2, the applicable tariffs, or the methodologies underlying their calculation, shall be reviewed and approved in accordance with Article 59(1) upon request by a user of the closed distribution system.


4.   Incidental use by a small number of households with employment or similar associations with the owner of the distribution system and located within the area served by a closed distribution system shall not preclude an exemption under paragraph 2 being granted.

 

 

 

 

Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC, Article 28(1), Recital 30

 

Article 28

Closed distribution systems

 

1.   Member States may provide for national regulatory authorities or other competent authorities to classify a system which distributes electricity within a geographically confined industrial, commercial or shared services site and does not, without prejudice to paragraph 4, supply household customers, as a closed distribution system if:


(a) for specific technical or safety reasons, the operations or the production process of the users of that system are integrated; or


(b) that system distributes electricity primarily to the owner or operator of the system or their related undertakings.

 

2.   Member States may provide for national regulatory authorities to exempt the operator of a closed distribution system from:


(a) the requirement under Article 25(5) to procure the energy it uses to cover energy losses and reserve capacity in its system according to transparent, non-discriminatory and market based procedures;


(b) the requirement under Article 32(1) that tariffs, or the methodologies underlying their calculation, are approved prior to their entry into force in accordance with Article 37.

 

3.   Where an exemption is granted under paragraph 2, the applicable tariffs, or the methodologies underlying their calculation, shall be reviewed and approved in accordance with Article 37 upon request by a user of the closed distribution system.

 

4.   Incidental use by a small number of households with employment or similar associations with the owner of the distribution system and located within the area served by a closed distribution system shall not preclude an exemption under paragraph 2 being granted.

 

Recital 30

 

Where a closed distribution system is used to ensure the optimal efficiency of an integrated energy supply requiring specific operational standards, or a closed distribution system is maintained primarily for the use of the owner of the system, it should be possible to exempt the distribution system operator from obligations which would constitute an unnecessary administrative burden because of the particular nature of the relationship between the distribution system operator and the users of the system. Industrial, commercial or shared services sites such as train station buildings, airports, hospitals, large camping sites with integrated facilities or chemical industry sites can include closed distribution systems because of the specialised nature of their operations.
 

 

 

 

 

IMG 0744

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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/EU, Article 38, Recitals 47, 66

 

Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC, Article 28(1), Recital 30

 
Implementation of TSO and DSO Unbundling Provisions, Update and Clean Energy Package Outlook, CEER Status Review, Legal Affairs Committee, 14 June 2019, Ref: C18-LAC-02-08

 

Proposal for a Directive of the European Parliament and of the Council on the internal market for electricity (recast) on common rules for the internal market in electricity (recast), 30.11.2016, COM(2016) 864 final 2016/0380 (COD), Article 38, Recital 44

 

Demand Connection Code (DCC), Article 2(5)

 

 

 

 

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