Sissetulev kiri

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PUBLIC

DECISION No 04/2025

OF THE EUROPEAN UNION AGENCY

FOR THE COOPERATION OF ENERGY REGULATORS

of 23 June 2025

on the request of the regulatory authorities of the Baltic capacity

calculation region to extend the period for reaching an agreement on the

proposal for the cross-zonal capacity calculation methodology for the long-

term timeframe

THE EUROPEAN UNION AGENCY FOR THE COOPERATION OF ENERGY

REGULATORS,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2019/942 of the European Parliament and of the Council of

5 June 2019 establishing a European Union Agency for the Cooperation of Energy Regulators1,

and, in particular, Articles 5(3) and 6(10) thereof,

Having regard to Commission Regulation (EU) 2016/1719 of 26 September 2016 establishing

a guideline on forward capacity allocation2 and, in particular, Articles 4(5), 4(7)(a), 4(11) and

10(1) thereof,

Having regard to the outcome of the consultation with ACER’s Electricity Working Group,

Having regard to the favourable opinion of the Board of Regulators of 20 June 2025, delivered

pursuant to Article 22(5)(a) of Regulation (EU) 2019/942,

Whereas:

1. INTRODUCTION

(1) Commission Regulation (EU) 2016/1719 (the ‘FCA Regulation’) sets out requirements

for cross-zonal capacity allocation and congestion management in the long-term (‘LT’)

time frame in electricity. These requirements include the development of a common

1 OJ L 158, 14.6.2019, p. 22. 2 OJ L 259, 27.9.2016, p. 42.

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capacity calculation methodology (‘CCM’) in each of the capacity calculation regions

(‘CCR’) in accordance with Article 10 of this Regulation.

(2) The present Decision follows from the request of the regulatory authorities of the Baltic

CCR, which includes Estonia, Finland, Latvia, Lithuania, Poland and Sweden, to extend

the period for reaching an agreement on the amended proposal for the methodology for

cross-zonal capacity calculation for the long term timeframes in accordance with Article

10(1) of the FCA Regulation which the transmission system operators (the ‘TSOs’) of

the Baltic CCR submitted. The requested extension is for three months, pursuant to

Article 6(10), subparagraph three, of Regulation (EU) 2019/942.

2. PROCEDURE

2.1. Proceedings in the period 2019-2023

(3) By 17 July 2019, the Baltic regulatory authorities received an ‘All Baltic CCR TSOs’

Common Capacity Calculation Methodology for Long-term Time Frames in

Accordance with Article 10(1) of the Commission Regulation (EU) 2016/1719 of 26

September 2016 Establishing a Guideline on Forward Capacity Allocation’ (the ‘initial

Proposal’).

(4) On 17 January 2020, the Baltic regulatory authorities issued a request for amendment

of the TSOs’ initial Proposal.

(5) By 18 March 2020, the Baltic regulatory authorities received the amended ‘All Baltic

CCR TSOs’ Common Capacity Calculation Methodology for Long-term Time Frames

in Accordance with Article 10(1) of the Commission Regulation (EU) 2016/1719 of 26

September 2016 Establishing a Guideline on Forward Capacity Allocation’ (the

‘amended initial Proposal’).

(6) In a letter dated 18 May 2020, the Baltic regulatory authorities, informed ACER that

they jointly agreed to request ACER to adopt a decision on the amended initial Proposal

pursuant to Article 4(11) of the FCA Regulation due to their diverging views.

(7) In its Decision No 27/2020 of 17 November 20203, ACER found the amended initial

Proposal not compliant with EU law in numerous areas which needed to be addressed

in order to approve the amended initial Proposal. Further, the amendments aiming to

address incompliance with the FCA Regulation and Commission Regulation (EU)

2015/1222 of 24 July 2015 establishing a guideline on capacity allocation and

congestion management (the ‘CACM Regulation’) would inevitably make the Baltic LT

CCM incompliant with the existing agreement among the TSOs of Estonia, Latvia,

Lithuania, Belarus and Russia (the ‘BRELL agreement’). ACER understood that the

BRELL agreement could not be amended or abolished before the desynchronization of

3 ACER Decision No 27/2020 of 17 November 2020 rejecting the Baltic CCR TSOs’ proposal for the long-term

capacity

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Decision No 04/2025

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the Baltic networks from Russia and Belarus as this would endanger operational security

of the Baltic networks. For this reason, the amended initial Proposal could only be made

compliant with the FCA Regulation and the CACM Regulation for the period after

desynchronization of the Baltic networks from Russia and Belarus.

(8) Accordingly, ACER rejected the amended initial Proposal and asked the Baltic TSOs to

revise and resubmit it no later than 24 months after Decision No 27/2020. As the

Decision was issued on 17 November 2020, the deadline was set to 17 November 2022.

(9) In a letter received by ACER on 16 February 2023, the Baltic TSOs explained that they

would intend to provide a proposal for the day-ahead and intraday capacity calculation

methodology (‘DA/ID CCM’) for the Baltic CCR by the second quarter of 2023. As the

Baltic LT CCM needed to be compatible with the corresponding DA/ID CCM, they

planned to submit the LT CCM after the approval of the DA/ID CCM.

2.2. Baltic DA/ID CCM and synchronisation with Continental Europe

(10) The Baltic DA/ID CCM was approved by the Baltic regulatory authorities in January

2025. Its implementation was scheduled for the date of the synchronisation of Estonia,

Latvia and Lithuania with Continental Europe.

(11) On 8 February 2025, the networks of Estonia, Latvia and Lithuania were desynchronised

from Russia and Belarus, which also ended the BRELL agreement. On 9 February 2025,

those networks were successfully synchronised with Continental Europe.

2.3. Proceedings during 2024 and 2025

(12) On 21 May 2024, the Baltic TSOs submitted the LT CCM proposal to the Baltic

regulatory authorities.

(13) On 20 November 2024, the Baltic regulatory authorities issued a request for amendment

to the Baltic TSOs.

(14) By 22 January 2025, the Baltic TSOs had submitted their amended proposal on (the

‘Proposal’) to the last of the Baltic regulatory authorities.

(15) By letter dated 19 March 2025, Urząd Regulacji Energetyki (‘URE’), the regulatory

authority of Poland, submitted, also on behalf of all regulatory authorities of the Baltic

CCR, to ACER a joint request to grant a three-month extension according to Article

6(10), subparagraph three, of Regulation (EU) 2019/942, to decide upon the Proposal.

(16) According to the letter, as the regulatory authorities of the Baltic CCR received the

TSOs’ Proposal on 22 January 2025, and accordingly the two-month deadline for the

approval is bound to expire on 23 March 2025.

(17) In support of the request for extension, the letter explains that:

‘Article 10(3) FCA Regulation requires that the capacity calculation methodology shall

be compatible with the capacity calculation methodology established for the day-ahead

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and intraday time frames pursuant to Article 21(1) of Regulation (EU) 2015/1222

(DA/ID CCM). To fully assess all relevant compatibility aspects, the NRAs require

additional time for the assessment and coordination. Furthermore, the NRAs need to

further assess the proposed allocation constraint (the allocation constraint is described

in annex 1). The annex has been addressed in CCR Hansa and the Hansa NRAs expect

to receive, in light of the balancing market reform in Poland, an updated annex for the

DA/ID CCM in CCR Hansa in April. Consequently, the NRAs view this information as

necessary for assessing the CCR Baltic LT CCM.

The NRAs are thus of the view that they would need to revise the proposal according to

Article 4(5) of the FCA regulation and Article 5(6) of Regulation (EU) 2019/942 of the

European Parliament and of the Council of 5 June 2019 establishing an Agency for the

Corporation of Energy Regulators ("the Regulation 2019/942") and within 3 months

following the extension, if granted by ACER, the NRAs will strive to reach a unanimous

agreement on the CCR Baltic amended LT CCM proposal.’4

(18) The regulatory authorities of the Baltic CCR consider that these issues merit a three-

month extension of the deadline to adopt a decision. The letter also states that within

three months following the extension, if granted by ACER, the regulatory authorities of

the Baltic CCR will strive to reach a unanimous agreement on the Proposal.

(19) On 20 May 2025, a proposed draft of the present decision was submitted to ACER’s

Electricity Working Group for consultation in accordance with Article 24(2) of

Regulation (EU) 2019/942.

(20) By email of 22 May 2025, URE, on behalf of all regulatory authorities of the Baltic

CCR, confirmed that the present request is meant to extend the deadline for reaching an

agreement on the TSOs’ Proposal until 24 June 2025.

(21) On 4 June 2025, ACER’s Electricity Working Group endorsed the draft ACER Decision

on the request of the regulatory authorities of the Baltic CCR to extend the period for

reaching an agreement on the Proposal until 24 June 2025.

(22) On 20 June 2025, ACER’s Board of Regulators issued a favourable opinion pursuant to

Article 22(5)(a) of Regulation (EU) 2019/942.

3. ASSESSMENT OF THE REQUEST

3.1. Legal framework

(23) According to point (b) of the first subparagraph of Article 5(3) of Regulation (EU)

2019/942, all regulatory authorities of the region concerned shall unanimously agree on

proposals for terms and condition or methodologies for the implementation of those

4 CCR Hansa includes the bidding zones of Denmark 1, Denmark 2, Germany/Luxembourg, Sweden 4, Poland,

the Netherlands and Norway 2.

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network codes or guidelines that were adopted before 4 July 2019 and, where no

unanimous agreement has been reached, shall refer the relevant proposal to ACER for

approval in accordance with point (a) of the second subparagraph of Article 6(10) of

Regulation (EU) 2019/942.

(24) According to point (a) of the second subparagraph of Article 6(10) of Regulation (EU)

2019/942, ACER shall decide on regulatory issues having effects on cross-border trade

or cross-border system security, which require a joint decision by at least two regulatory

authorities, where such competences have been conferred on the regulatory authorities

under network codes and guidelines adopted before 4 July 2019 and subsequent

revisions of those network codes and guidelines and where the competent national

regulatory authorities have not been able to reach an agreement within a period of six

months from the referral of the case to the last of those regulatory authorities.

(25) According to the third subparagraph of Article 6(10) of Regulation (EU) 2019/942, the

competent national regulatory authorities may jointly request that the six-month period

is extended by a period of up to six months.

(26) According to Article 4(7)(a) of the FCA Regulation (which has been adopted as a

guideline before 4 July 2019), the regulatory authorities of the capacity calculation

region shall review and approve the TSOs’ proposal for the methodology for cross-zonal

capacity calculation for long-term timeframes.

(27) According to Article 4(9) of the FCA Regulation, where the approval of the terms and

conditions or methodologies requires a decision by more than one regulatory authority,

the competent regulatory authorities shall consult and closely cooperate and coordinate

with each other in order to reach an agreement, and they shall take decisions concerning

the submitted terms and conditions or methodologies in accordance with Article 4(7),

within six months following the receipt of the terms and conditions or methodologies

by the last regulatory authority concerned.

(28) According to Article 4(11) of the FCA Regulation, where, following a request from the

relevant regulatory authorities, the submitted proposal for the methodology have been

resubmitted with amendments, the relevant regulatory authorities shall decide on that

amended methodology within two months following the resubmission.

(29) According to Article 4(11) of the FCA Regulation, where the relevant regulatory

authorities have not been able to reach an agreement on the amended methodology

within the two-month deadline, ACER shall adopt a decision concerning the amended

methodology within six months, in accordance with Article 5(3) and the second

subparagraph of Article 6(10) of Regulation (EU) 2019/942.

3.2. Admissibility

(30) Article 4(11) of the FCA Regulation stipulates that ACER shall take its decision in

accordance with Articles 5(3) and 6(10) of Regulation (EU) 2019/942 when the

regulatory authorities did not reach an agreement within the two-month deadline. Thus,

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ACER’s competence is made contingent upon the expiry of the two-month period

referred to in Article 4(11) of the FCA Regulation.

(31) Therefore, the transfer of the decision-making competence from the regulatory

authorities to ACER under Article 4(11) of the FCA Regulation may also be subject to

an extension of the regulatory authorities’ deadline to reach an agreement, in accordance

with Article 6(10), subparagraph three, of Regulation (EU) 2019/942.

(32) For an extension of this two-month period, the joint request by the competent regulatory

authorities should be submitted before the end of the period for reaching an agreement,

and the maximum requested extension should not exceed the period of six months in

accordance with Article 6(10), third subparagraph, of Regulation (EU) 2019/942.

(33) The Proposal to which the request for extension is related falls under the competence of

the requesting regulatory authorities pursuant to Articles 4(7)(a) of the FCA Regulation.

Accordingly, they are also the competent regulatory authorities that may request an

extension of the two-month period for reaching an agreement under Article 4(11) of the

FCA Regulation.

(34) In that regard it is to note that the request for extension was submitted by URE, the

regulatory authority of Poland, on behalf of all regulatory authorities of the Baltic CCR.

(35) It follows from the above, that the relevant competent regulatory authorities to raise the

present request with ACER are the regulatory authorities of the Baltic CCR.

(36) Since the last competent regulatory authority of the Baltic CCR received the Proposal

on 22 January 2025, the competent regulatory authorities were required to agree on it

by Monday, 24 March 2025 (given that 22 and 23 March 2025 fell on Saturday and

Sunday respectively), in accordance with the two-month period of Article 4(11) of the

FCA Regulation. The request for extension was received by ACER on 19 March 2025,

hence before the expiry of the two-month deadline.

(37) In their initial request, the regulatory authorities of the Baltic CCR asked for an

extension of three months, which, given their understanding of the initial deadline

ending on 23 March 2025, led to a requested deadline of 23 June 2025. In ACER’s view,

however, the initial deadline ended on 24 March 2025 so that an extension by three

months results in a new deadline of 24 June 2025. As confirmed by the regulatory

authorities of the Baltic CCR in the email of 22 May 2025, the requested extension is

indeed until 24 June 2025. As such, the requested extension does not exceed the

maximum limit of six months as provided for in Article 6(10), subparagraph three, of

Regulation (EU) 2019/942.

(38) In light of the above, ACER considers the request for extension admissible.

3.3. Substance

(39) Article 6(10), subparagraph three, of Regulation (EU) 2019/942 does not lay down

requirements for the justification of an extension.

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(40) The justification provided by the requesting regulatory authorities, as reported at recital

(17) above, indicates the need for additional time to properly assess the compatibility of

the proposal for Baltic long-term capacity calculation methodology with the relevant

Baltic day-ahead and intraday capacity calculation methodology pursuant to Article

21(1) of the CACM Regulation. The justification also indicates the need to await the

assessment of the allocation constrains of Poland, which are being addressed within the

pending amendment of the day-ahead and intraday capacity calculation methodology in

Hansa CCR, intended to be submitted by the Hansa TSOs in April 20255. An extension

by three months would allow the regulatory authorities of the Baltic CCR to assess the

required consistency with the day-ahead and intraday methodologies, as well as the

proposed allocation constraints for Poland in light of the balancing market reform.

(41) ACER understands from this justification that the additional period of three months is

needed to allow sufficient time for the regulatory authorities of the Baltic CCR to

properly assess the Proposal’s compatibility with the corresponding Baltic day-ahead

and intraday capacity calculation methodology, having in mind recent synchronisation

of Estonia, Latvia and Lithuania with Continental Europe Synchronous Area from

February 2025, when these methodologies were applied for the first time. Furthermore,

the additional period enables the relevant regulatory authorities to properly assess

Proposal’s annex with proposed consideration of Polish allocation constraints.

(42) ACER considers that continuing and completing the regulatory authorities’ ongoing

assessment can contribute to the efficient conclusion of the pending approval

proceedings. In ACER’s view, this continuation and completion would not unduly

impact the fulfilment of the objectives of the FCA Regulation. Under those

circumstances, ACER deems it reasonable to enable the regulatory authorities to

conclude the pending approval proceedings.

(43) Furthermore, ACER considers that the request for extension until 24 June 2025 is

proportionate in light of the activities to be performed by the competent regulatory

authorities to adopt a decision on the Proposal in accordance with Article 4(9) and 4(11)

of the FCA Regulation.

(44) Therefore, ACER deems it appropriate and justified to grant an extension until 24 June

2025.

4. CONCLUSION

(45) For the above reasons, ACER accepts the request for an extension submitted by the

regulatory authorities of the Baltic CCR and extends the period for those regulatory

authorities to reach an agreement on the Proposal, until 24 June 2025.

5 According to the information from the Polish regulatory authority URE, the Hansa TSOs submitted the

amendment proposal of Hansa DA/ID CCM on 29 April 2025.

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HAS ADOPTED THIS DECISION:

Article 1

The period within which the regulatory authorities of the Baltic Capacity Calculation Region,

i.e. of Estonia, Finland, Latvia, Lithuania, Poland and Sweden, shall reach an agreement on the

proposal for the methodology for cross-zonal capacity calculation for the long term timeframes

in accordance with Article 10(1) of Commission Regulation (EU) 2016/1719 is extended, in

accordance with Article 6(10) of Regulation (EU) 2019/942, until 24 June 2025.

Article 2

This Decision is addressed to:

1. Konkurentsiamet (Estonia)

2. Energiavirasto (Finland)

3. Valstybinė energetikos reguliavimo taryba (Lithuania)

4. Sabiedrisko pakalpojumu regulēšanas komisija (Latvia)

5. Urząd Regulacji Energetyki (Poland)

6. Energimarknadsinspektionen (Sweden)

Done at Ljubljana, on 23 June 2025.

- SIGNED -

Fоr the Agency

The Director

C. ZINGLERSEN

In accordance with Article 28 of Regulation (EU) 2019/942, the addressees may

appeal against this Decision by filing an appeal, together with the statement of

grounds, in writing at the Board of Appeal of the Agency within two months of the

day of notification of this Decision.

In accordance with Article 29 of Regulation (EU) 2019/942, the addressees may

bring an action for the annulment before the Court of Justice only after the

exhaustion of the appeal procedure referred to in Article 28 of that Regulation.

European Union Agency for the Cooperation of Energy Regulators, Trg republike 3, 1000 Ljubljana, Slovenia

[email protected] / +386 8 205-3409

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Ljubljana, 23 June 2025

acer.ele.dir(2025)7059476

By e-mail only

To the attention of:

Energiavirasto

Energimarknadsinspektionen

Sabiedrisko pakalpojumu regulēšanas komisija

Konkurentsiamet

Urząd Regulacji Energetyki

Valstybinė energetikos reguliavimo taryba

Subject: ACER Decision No 04/2025 on the request of the regulatory authorities of

the Baltic capacity calculation region to extend the period for reaching an

agreement on the proposal for the cross-zonal capacity calculation

methodology for the long-term timeframe

Dear Madam, dear Sir,

Please find enclosed the Agency’s Decision on the request of the regulatory authorities of the Baltic capacity calculation region to extend the period for reaching an agreement on the proposal for the cross-zonal capacity calculation methodology for the long-term timeframe.

On 20th June 2025, the Decision was given the favourable opinion of the Board of Regulators pursuant to Article 22(5)(a) of Regulation (EU) 2019/942.

Yours sincerely,

Christian Zinglersen Director

European Union Agency for the Cooperation of Energy Regulators, Trg republike 3, 1000 Ljubljana, Slovenia

[email protected] / +386 8 2053 400

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Copy:

- Lukasz Kolinski, Director, DG Ener, Directorate C, European Commission,

[email protected]

- Clara Poletti, Chair of the ACER Board of Regulators, [email protected]