EU recommendation on smart metering systems

If we go to the EU Commission web page Energy > Internal market > Smart grids, we find the following enthusiastic text announcing new regulation:

9 March 2012

Preparations for the roll-out of smart metering systems

Commission paves the way for massive roll-out of smart metering systems. When consumers can follow their energy consumption in real time they can better control their energy bills. Smart metering systems will make this possible. Today only 10% of EU households have some sort of smart meter installed. Where economically worthwhile, 80% of all electricity meters in the EU have to be replaced by smart meters by 2020. To facilitate the take-up of this new technology the European Commission has published today a Recommendation to prepare the roll-out of smart-metering systems. It provides step-by-step guidelines for Member States on how to conduct cost-benefit analysis by 3 September 2012. It also sets common minimum functionalities of smart metering systems and addresses data protection and security issues.

Background information is also offered on the web page of the Digital Agenda for Europe: Action 73: Member States to agree common additional functionalities for smart meters Member States to agree by the end of 2011 on common additional functionalities for smart meters (advanced measuring devices, usually for electricity).


Official publication

The recommendation has been published in the Official Journal of the European Union:

COMMISSION RECOMMENDATION 2012/148/EU of 9 March 2012 on preparations for the roll-out of smart metering systems; OJEU 13.3.2012 L 73/9

The Commission recommendation deals with different issues in the separate sections:


I. DATA PROTECTION AND SECURITY CONSIDERATIONS

1. This section provides guidance to Member States on the design and operation of smart grids and smart metering systems ensuring the fundamental right to protection of personal data.

2. This section also provides guidance on measures to be taken for the deployment of smart metering applications in order to ensure that national legislation implementing Directive 95/46/EC is, where applicable, respected when such technologies are deployed.


II. METHODOLOGY FOR THE ECONOMIC ASSESSMENT OF THE LONG-TERM COSTS AND BENEFITS FOR THE ROLL-OUT OF SMART METERING SYSTEMS

30. This section provides guidance to Member States along with a framework for cost-benefit analysis as a foundation for conducting a consistent, credible and transparent economic assessment of the long-term costs and benefits of the roll-out of smart metering.


III. COMMON MINIMUM FUNCTIONAL REQUIREMENTS FOR SMART METERING SYSTEMS FOR ELECTRICITY

39. This section is based on best practice from early CBAs for smart metering of electricity carried out in 11 Member States. It provides guidance on measures to be taken to ensure that Member States make due use of appropriate interoperability and standards for smart metering systems currently being developed under Mandates M/441, M/468 and M/490 and of best practice.



Ralf Grahn
public speaker on EU affairs

P.S. Already multilingual Bloggingportal.eu aggregates the posts from 940 Euroblogs. They represent an important part of the emerging European online public space, discussion across national and linguistic borders. One of the most promising fresh entrants is the LSE European Politics and Policy (EUROPP) blog, where Ronny Patz recently wrote about the EU blogosphere and called for more academics to spread the word about their research and to discuss their findings closer to real life.

Among the Euroblogs on Bloggingportal.eu you find my current blog trio, Grahnlaw (recently ranked fourth among political blogs in Finland), the Nordic Grahnblawg (written in Swedish) and Eurooppaoikeus (meaning European Law, in Finnish). I write and speak about democracy, institutional issues and EU politics, but increasingly about the challenges of growth (EU2020) and the (digital) single market in the making, including issues at policy level.

EU Procurement Directive: Excluded energy contracts

The general European Community (European Union) Procurement Directive 2004/18/EC, also known as the Classic Directive, does not apply to public contracts in the special sectors covered by the Utilities Directive 2004/17/EC.

Here we look at the energy sector (gas, heat and electricity).



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Article 12 Procurement Directive

Article 12 of the Procurement Directive 2004/18/EC excludes the sectors to which the so called Utilities Directive 2004/17/EC applies as ‘lex specialis’: water, energy, transport and postal services:

S e c t i o n 3
Excluded contracts

Article 12
Contracts in the water, energy, transport and postal services sectors

This Directive shall not apply to public contracts which, under Directive 2004/17/EC, are awarded by contracting authorities exercising one or more of the activities referred to in Articles 3 to 7 of that Directive and are awarded for the pursuit of those activities, or to public contracts excluded from the scope of that Directive under Article 5(2) and Articles 19, 26 and 30 thereof.

However, this Directive shall continue to apply to public contracts awarded by contracting authorities carrying out one or more of the activities referred to in Article 6 of Directive 2004/17/EC and awarded for those activities, insofar as the Member State concerned takes advantage of the option referred to in the second subparagraph of Article 71 thereof to defer its application.


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Exclusion of utilities explained

Recital 20 of the Procurement Directive refers to Directive 2004/17/EC, the so called Utilities Directive, and explains the exclusion of specific sectors from the Procurement Directive:

(20) Public contracts which are awarded by the contracting authorities operating in the water, energy, transport and postal services sectors and which fall within the scope of those activities are covered by Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors. However, contracts awarded by the contracting authorities in the context of their service activities for maritime, coastal or river transport must fall within the scope of this Directive.


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Energy sector excluded (and included)

The headline ‘water, energy, transport and postal services sectors’ gives us a rough indication of the activities, which fall under the Utilities Directive 2004/17/EC, but the scope of the Utilities Directive needs to be defined in order to determine when this Directive takes precedence.

The Utilities Directive is the primary source concerning public contracts awarded by contracting authorities exercising one or more of the activities referred to in Articles 3 to 7 of that Directive and awarded for the pursuit of those activities.

The energy sector (gas, heat and electricity) is excluded from the general Procurement Directive insofar as it is covered by the Utilities Directive. Article 3 of the Utilities Directive determines the energy contracts covered by that Directive (subject to further precisions):



S e c t i o n 2
Activities

Article 3 Utilities Directive
Gas, heat and electricity

1. As far as gas and heat are concerned, this Directive shall apply to the following activities:

(a) the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of gas or heat; or

(b) the supply of gas or heat to such networks.

2. The supply of gas or heat to networks which provide a service to the public by a contracting entity other than a contracting authority shall not be considered a relevant activity within the meaning of paragraph 1 where:

(a) the production of gas or heat by the entity concerned is the unavoidable consequence of carrying out an activity other than those referred to in paragraphs 1 or 3 of this Article or in Articles 4 to 7; and

(b) supply to the public network is aimed only at the economic exploitation of such production and amounts to not more than 20 % of the entity's turnover having regard to the average for the preceding three years, including the current year.

3. As far as electricity is concerned, this Directive shall apply to the following activities:

(a) the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of electricity; or

(b) the supply of electricity to such networks.

4. The supply of electricity to networks which provide a service to the public by a contracting entity other than a contracting authority shall not be considered a relevant activity within the meaning of paragraph 3 where:

(a) the production of electricity by the entity concerned takes place because its consumption is necessary for carrying out an activity other than those referred to in paragraphs 1 or 3 of this Article or in Articles 4 to 7; and

(b) supply to the public network depends only on the entity's own consumption and has not exceeded 30% of the entity's total production of energy, having regard to the average for the preceding three years, including the current year.



Ralf Grahn