Commission Regulation (EU) 2016/1719 of 26 September 2016 establishing a guideline on forward capacity allocation (FCA Regulation, Network Code on Forward Capacity Allocation, FCA Guidelines) establishes common rules for forward capacity allocation including the establishment of common methodology for determining the volumes of capacity simultaneously available between bidding zones.
The FCA Regulation was published in the EU Official Journal on 27 September 2016 and entered into force on 17 October 2016.
Initially, the FCA Regulation was envisaged to be adopted as a network code under Article 6 of Regulation (EC) No 714/2009), which, however, would require a sufficient level of technical and legal detail.
Given that fully harmonised procedures and timings with the said level of detail could not be achieved in the circumstances, ENTSO-E and the ACER proposed that many terms, conditions or methodologies jointly be developed by the Transmission System Operators (TSOs) and/or NEMOs after the adoption of the FCA Regulation and jointly approved by the regulatory authorities.
FCA Regulation lays down detailed rules on:
2. the establishment of a common methodology to determine long-term cross-zonal capacity, in the forms of:
- a flow-based approach,
4. the possibility to return long-term transmission rights for subsequent forward capacity allocation or transfer long-term transmission rights between market participants.
FCA Regulation applies to all transmission systems and interconnections in the European Union, except the transmission systems on islands which are not connected with other transmission systems via interconnectors.
The entities affected by the requirements set forth by the FCA Regulation will be TSOs, National Regulatory Authorities (NRAs), the Agency for the Cooperation of Energy Regulators (ACER), Allocation Platforms, platforms for LTTRs’ secondary trading and, last but not least, market participants.
The purposes of the FCA Regulation are:
(a) promoting effective long-term cross-zonal trade with long-term cross-zonal hedging opportunities for market participants;
(b) optimising the calculation and allocation of long-term cross-zonal capacity;
(c) providing non-discriminatory access to long-term cross-zonal capacity;
(d) ensuring fair and non-discriminatory treatment of TSOs, the Agency, regulatory authorities and market participants;
(e) respecting the need for a fair and orderly forward capacity allocation and orderly price formation;
(f) ensuring and enhancing the transparency and reliability of information on forward capacity allocation;
(g) contributing to the efficient long-term operation and development of the electricity transmission system and electricity sector in the European Union.
Importantly, the FCA Regulation does not focus on the design of national forward electricity markets, but the interconnection’s aspect is central, i.e. the allocation of long-term cross-zonal allocation rights.
The rules incorporated in the FCA Regulation are particularly important in the context of a limited number of liquid forward markets in Europe, where the cross-zonal access to these markets needs to be facilitated.
The FCA Regulation plays a crucial role in this regard, as the respective provisions establish a framework for calculating and allocating interconnection capacity, and for cross-zonal trading in forward markets.
ACER in its Monitoring report od 30 January 2020 on the implementation of the CACM Regulation and the FCA Regulation (p. 62 - 63) assessed that the implementation of the FCA Regulation “is experiencing relatively few problems mainly because the market design in the forward timeframe is much simpler and less ambitious than in the day-ahead and intraday timeframes [...]”.
One problem observed by the ACER in the implementation of the FCA Regulation relates to the decisions on cross-zonal risk hedging opportunities, which are made bilaterally by the regulatory authorities competent for the specific bidding zone borders.
Hence, the decisions to introduce LTTRs or not are not based on the same criteria.
This casts some doubt on whether the problem is actually addressed in the most efficient way.
Another issue relates to regional specificities contained in the annexes to the Forward Capacity Harmonised Allocation Rules (HAR).
Some TSOs interpret these annexes could include any kinds of regional specificity, even if the latter significantly deviate from the HAR or even from the FCA Regulation itself.
30 January 2019
30 October 2015
22 May 2014