Commission Implementing Regulation (EU) 2023/1162 of 6 June 2023 on interoperability requi…
as it stood on 2023-06-06, permalink: /eu-eurlex/32023r1162/2023-06-06
Outline, 14 provisions
art_1 art_2 art_3 art_4 art_5 art_6 art_7 art_8 art_9 art_10 art_11 art_12 art_13 art_14
Article 1
This implementing Regulation lays down interoperability requirements and rules for non-discriminatory and transparent procedures for access to electricity metering and consumption data by final customers and eligible parties in accordance with Directive (EU) 2019/944. It also sets out non-discriminatory and transparent procedures for access to data that require reporting and publication of national practices applying the reference model.
In order to ensure the application of interoperability requirements, this Regulation establishes a reference model for metering and consumption data that sets out the rules and procedures that Member States shall apply to enable interoperability. It lists the electricity market participants that are concerned by this act and the roles and responsibilities they perform individually or jointly, as described in Articles 5, 6, 7 and 8 and in the Annex to this Regulation, with one electricity market participant being able to carry out more than one role.
Article 2
For the purposes of this implementing Regulation, the following definitions shall apply:
| (1) | ‘reference model’ means the procedures that are necessary for access to data describing the minimum required information exchange between market participants; |
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| (2) | ‘metering and consumption data’ means meter readings of electricity consumption from the grid, or electricity fed into the grid, or consumption from on-site generation facilities which are connected to the grid, and includes validated historical data and non-validated near-real time data; |
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| (3) | ‘validated historical metering and consumption data’ means historical metering and consumption data collected from a meter, a conventional meter or a smart meter, or a smart metering system, or completed with substitute values that are determined otherwise in case of meter unavailability; |
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| (4) | ‘smart meter’ means an electronic metering device deployed within a smart metering system as defined in the Article 2(23) of the Directive (EU) 2019/944; |
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| (5) | ‘near real-time metering and consumption data’ means metering and consumption data provided continuously by a smart meter or a smart metering system in a short time period, usually down to seconds or up to the imbalance settlement period in the national market, which is non-validated and made available through a standardised interface or through remote access in line with Article 20(a) of the Electricity Directive (EU) 2019/944; |
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| (6) | ‘eligible party’ means an entity offering energy-related services to final customers, such as suppliers, transmission and distribution system operators, delegated operators and other third parties, aggregators, energy service companies, renewable energy communities, citizen energy communities and balancing service providers, as far as they offer energy related services to final customers; |
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| (7) | ‘metered data administrator’ means a party responsible for storing validated historical metering and consumption data and distributing these data to final customers and/or eligible parties; |
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| (8) | ‘permission’ means the authorisation given by a final customer for an eligible party on the basis of a contractual agreement they have with this party, to access their metering and consumption data managed by the metered data administrator for the provision of a specific service; |
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| (9) | ‘active permission’ means a permission that has not been revoked or expired; |
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| (10) | ‘permission administrator’ means a party responsible for administering a register of data access permissions for a set of metering points, making this information available to final customers and eligible parties in the sector, on request; |
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| (11) | ‘data access log’ means a timestamped record of data items accessed that includes at least the identification of the final customer or the eligible party accessing the data and, if applicable, the identification of the permission used to access the data; |
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| (12) | ‘metering point administrator’ means a party responsible for administering and making available the characteristics of a metering point, including the registrations of eligible parties and final customers linked to the metering point; |
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| (13) | ‘data access provider’ means a party responsible for facilitating access, including in cooperation with other parties, to validated historical metering and consumption data by the final customer or by eligible parties; |
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| (14) | ‘permission provision log’ means a timestamped record of when the permission for a an eligible party or final customer was granted, revoked, or terminated, including a permission identifier, and a party identifier; |
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| (15) | ‘identity service provider’ means a party that manages identity information; issues, stores, protects, keeps up to date, and manages identity information for a natural or legal person and provides authentication services to eligible parties and final customers; |
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| (16) | ‘authentication’ means an electronic procedure that enables the electronic identification of a natural or legal person; |
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| (17) | ‘meter operator’ means a party responsible for installing, maintaining, testing, and decommissioning physical meters; |
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| (18) | ‘near real-time data consumption system’ means a system or device that obtains the flow of non-validated near real-time data from a smart metering system as referred to in Article 20, first subparagraph, point (a) of Directive (EU) 2019/944. |
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Article 3
In order to meet the interoperability requirements, electricity undertakings in the retail electricity market apply the reference model set out in this Chapter and in the Annex of this Regulation.
Article 4
Member States shall report the national practices regarding the implementation of the interoperability requirements and procedures for access to data, according to Article 10, and ensure that these comply with the obligations set out in this Regulation.
Member States shall make the information on the organisation of the national market regarding specific roles and responsibilities set out in Table I of the Annex easily available to all eligible parties and final customers.
The information referred to in paragraph 2 of this Article shall include the identification of those parties acting in the national market as the metered data administrator(s), the metering point administrator(s), the data access provider(s) and the permission administrator(s), whose responsibilities are set out in Articles 5, 6, 7 and 8 of this Regulation.
Article 5
- In order to ensure seamless access to data for final customers and eligible parties, the metered data administrator shall:
| (a) | make validated metering and consumption data available to final customers and eligible parties in accordance with this Regulation through an online or through another appropriate interface, on request, in a non-discriminatory way, and without undue delay; |
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| (b) | ensure that final customers (i) can access their validated metering and consumption data; (ii) can make it available to eligible parties and (iii) receive it in a structured, commonly used, machine-readable and interoperable format; |
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| (c) | keep a data access log up to date and make this available to final customers through an online or through another appropriate interface, free of charge, without unnecessary delay, and on final customer’s request; |
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| (d) | when transferring data to eligible parties, and respecting relevant personal data protection law, ensure, in cooperation with the permission administrator where applicable, that there is an active permission or another legal basis for the data to be lawfully transmitted or processed, including, where relevant, in accordance with Regulation (EU) 2016/679. |
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Metered data administrators shall keep complementary information on historical metering and consumption data in accordance with Annex I.4 points (a) and (b) to Directive (EU) 2019/944. For the duration of the retention period, the historical metering and consumption data shall be kept available, along with the corresponding log information, for access by final customers and eligible parties on final customers’ request.
Metered data administrators shall give eligible parties access to testing facilities where the eligible party can test the compatibility of their systems with the systems of the metered data administrator implementing the procedures in this Regulation. The testing facility shall be available before the procedures are implemented and while they are in operation.
Where Member States have so provided, a designated entity may share with the metered data administrator, the obligations referred to in paragraphs 1 to 3.
Article 6
The metering point administrator shall inform the permission administrator, and where relevant at national level the metered data administrator, without undue delay, of any changes in the assignment of final customers to metering points, and of any other external occurrences that invalidate active permissions granted in their area of responsibility.
Article 7
- In accordance with Article 23(2) of Directive (EU) 2019/944, data access providers shall make publicly available through an online interface
| (a) | all relevant procedures they use for providing access to data as described by the reference model set out in this Chapter and the Annex where the specific case of access by final customers is presented; |
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| (b) | the means for final customers to access, without unnecessary delay, their historical metering and consumption data, in cooperation with the metered data administrator where applicable. This shall be possible as described in the procedures for access to validated historical metering and consumption data by the final customer in the Annex. |
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Data access providers shall keep and make available to final customers their log information, including the time at which an eligible party or a final customer has been given access to data, and the type of data concerned. This information shall be made available online, free of charge, without unnecessary delay, whenever a final customer requests access.
Where Member States have so provided, a designated entity may share with the data access provider, the obligations referred to in paragraphs 1 and 2.
Article 8
- The permission administrator shall
| (a) | grant permission to access validated historical metering and consumption data to eligible parties and revoke permissions, without unnecessary delay, on final customers’ request in accordance with the procedures described in the Annex; |
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| (b) | provide final customers on request, with an overview of active and historical data sharing permissions, as per paragraph (2) of Article 5; |
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| (c) | process notifications about invalidations of permissions received in line with the procedures in this Regulation; |
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| (d) | inform the metered data administrator (steps 3.5 and 4.9 in the Annex), the eligible party if needed (step 4.11) and the final customer (step 3.4 and 4.13) as soon as the permission administrator is notified of an invalidation of a permission; |
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| (e) | keep a permission provision log for the final customers and make this information available to them online, free of charge, without undue delay, and on their request; |
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| (f) | make publicly available the relevant procedures they use for providing access to data as described by the reference model and illustrated in the Annex, in accordance with Article 23(2) of Directive (EU) 2019/944. |
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Permission administrators shall cooperate with eligible parties and metered data administrators to facilitate testing of the processes to implement the reference model. This cooperation shall take place before the processes are implemented and while they are in operation.
Where Member States have so provided, a designated entity may share with the permission administrator, the obligations referred to in paragraphs 1 and 2.
Article 9
In order to ensure access to non-validated near real-time metering and consumption data for final customers, through a standardised interface or through remote access, Member States shall apply the methods established according to Procedures 5 and 6 in the Annex of this Regulation.
Article 10
- In order to ensure the transparency and non-discrimination of national procedures for access to data, in line with Article 23 of the Directive (EU) 2019/944, Member States shall
| (a) | carry out and keep up to date a mapping of national practices at national level that also includes a detailed description and explanation of how the procedural steps of Tables III.1 to III.6 of the Annex of this Regulation are performed setting out which steps, if any, have been combined, and the order in which the steps are carried out; and |
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| (b) | report to the Commission the mapping of national practices referred to in paragraph (a) which shall be published in a publicly accessible repository to be established pursuant Article 12. |
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The reporting shall include information on the national implementation of the reference model and of the various roles, information exchanges, and procedures.
This reporting shall take into account the guidance developed by the Commission referred to in Article 13.
Member States shall provide the reporting of national practices referred to in paragraph 1 to the Commission no later than on 5 July 2025.
If a Member State has transitioned to a new national data management system before 5 January 2025, the reporting may be limited to the new arrangements provided that this system will cover over 90 % of final customers by 5 July 2026.
Article 11
The cooperation foreseen between the European Network of Transmission System Operators for Electricity (the ‘ENTSO for Electricity’) and the European Entity for Distribution System Operators (the ‘EU DSO entity’), in Article 30(1) points (g) and (k) and Article 55(1) points (d) and (e) of the Regulation (EU) 2019/943, may take the form of a Joint Working Group setting up a process to collect and publish national practices provided by the Member States. ENTSO for Electricity and EU DSO entity may in that way also cooperate to advise and support the Commission in monitoring the implementation of, and further developing the implementing acts on data interoperability under Article 24(2) of Directive (EU) 2019/944.
While preparing their advice and undertaking their supporting activities to the Commission, the ENTSO for Electricity and EU DSO entity cooperate closely with representatives of national regulatory authorities, competent authorities and regulated entities with institutional roles at national level regarding the right to access to metering and consumption data, as well as with all relevant stakeholders, including consumer associations, electricity retailers, European standardisation organisations, service and technology providers, and equipment and component manufacturers.
Article 12
- In order to ensure transparency of access to data across the EU, the main tasks that ENTSO for Electricity and the EU DSO entity perform under their cooperation on data transparency shall include
| (a) | developing guidance to assist Member States in the reporting of national practices as set out in Article 13; |
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| (b) | collecting the reports of national practices provided by Member States regarding the implementation of the reference model, as set out in Article 10; |
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| (c) | publishing the reports of national practices in a publicly available repository which shall be kept up to date. |
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- The ENTSO for Electricity and the EU DSO entity may also cooperate in assisting the Commission, following the process set out in paragraph 2 of Article 11, in the monitoring of the implementation of the reference model included in this Regulation and its further development as a result of regulatory, market or technology changes, and support the Commission, upon its request, in developing, as part of future implementing acts, interoperability requirements and non-discriminatory and transparent procedures for access to data required for customer switching, demand response, and other services referred to in Article 23(1) of Directive (EU) 2019/944.
Article 13
No later than on 5 July 2024, the Commission shall develop and make publicly available, assisted by the ENTSO for Electricity and the EU DSO entity, a guidance on the reporting of national practices.
Article 14
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 3 shall apply 5 January 2025.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Provenance and validity dates, identifier, hash
| as of | 2023-06-06 → this version applied |
| valid | 2023-06-06 → open publisher-asserted |
| type | REG_IMPL Commission Implementing Regulation (EU) 2023/1162 of 6 June 2023 on interoperability requirements and non-discriminatory and transparent procedures for access to metering and consumption data (Text with EEA relevance) |
| language | en |
| published | 2023-06-06 |
| lex_id | eu-eurlex:32023r1162:2023-06-06 |
| record sha256 | 9f34804d037cf6440caa6e1d375236716cb9607567eb74c010ed5443f867f609 |
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