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BDEW criticisms of a „general DSO prohibition clause“ in Article 36a of the draft Electricity Directive

In its position for the review of the Electricity Directive (ElecDir), the European Parliament proposes a new article 36a with the following provisions:

  • DSOs are not allowed to carry out activities beyond those which are explicitly specified in the ElecDir or in the Electricity Regulation (ElecReg) (“whitelist”-principle). This essentially comprises the operation of the electricity grid in the own grid area as well as some particularly described tasks (e. g. procurement of electricity to cover energy losses).

  • Exceptions from this rule shall only be allowed if the activity is necessary for the DSO to fulfil its obligations under the Electricity Directive or Regulation or for a secure grid operation and if other parties have not expressed their interest to carry out the activity. Besides, the National Regulatory Authority has to grant its approval.

BDEW firmly rejects this proposal. The provision is dispensable and, moreover, dangerous with regard to the ability of the companies to cope with the increasing challenges arising from the energy transition. The reasons for this are described in this paper.

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