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    Commission Decision (EU) 2022/639 of 27 August 2021 on the aid scheme SA.54915 – ... (32022D0639)
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    EU - Rechtsakte: 08 Competition policy
    (429) The reliability standard was set by the Royal Decree on the determination of the reliability standard and the approval of values for the VOLL and CONE following the proposal by the regulatory authority (see recital (20)). The set reliability standard slightly departs from the one proposed by the regulatory authority for the reasons explained in recital (21). This is however not precluded by Article 25 of the Electricity Regulation.
    (430) Belgium calculated the reliability standard based on the methodology set out in Article 23(6).
    (431) According to Article 25(3) of the Electricity Regulation, the reliability standard shall be calculated using at least the VOLL and the CONE over a given timeframe and shall be expressed as ‘expected energy not served’ and ‘loss of load expectation’.
    (432) Under Article 2(9) of the Electricity Regulation, VOLL means an estimation, in EUR/MWh, of the maximum electricity price that customers are willing to pay to avoid an outage.
    (433) As stated in recital (25), the CREG carried out a survey on the willingness to pay, however, given the limitations of the survey, its results to determine a single estimate of the VOLL could only be used to a limited extent. Belgium committed to update the VOLL based on a new willingness to pay survey and, if needed, set a new reliability standard before September 2022 (see recital (28)).
    (434) The Commission therefore finds that the reliability standard has been set based on the estimate of VOLL and the expected CONE (see recitals (23) and (24)), in line with Article 25(3) of the Electricity Regulation.
    (435) According to Article 25(4) of the Electricity Regulation, when applying capacity mechanisms, the parameters determining the amount of capacity procured in the capacity mechanism shall be approved by the Member State or by a competent authority designated by the Member State, on the basis of a proposal of the regulatory authority.
    (436) As explained in recitals (86) and (290), the methodology for determining the parameters determining the volume of purchases in the capacity mechanism was proposed by the CREG.
    (437) The Commission concludes that the measure complies with Article 25 of the Electricity Regulation.
    Compliance with Article 26 the Electricity Regulation
    (438) According to Article 26(1) of the Electricity Regulation, capacity mechanisms other than strategic reserves and where technically feasible, strategic reserves shall be open to direct cross-border participation of capacity providers located in another Member State, subject to the conditions laid down in this Article.
    (439) Article 26(2) of the Electricity Regulation however allows Member States to require foreign capacity to be located in a Member State that has a direct network connection with the Member State applying the capacity mechanism.
    (440) Belgium will allow foreign capacity located in a Member State that has a direct network connection with Belgium to participate in the CRM from the first delivery year, i.e. 2025. According to Belgium, the methodologies, common rules and terms mentioned in Article 26(11) of the Electricity Regulation were only adopted in December 2020 and a reasonable time should be allowed for their implementation and the necessary preparations for cross-border participation. Given that TSO’s have not been able yet to conclude the necessary agreements, it has not been possible to organise the cross-border participation as of the first Y-4 auction. Nevertheless, according to the Belgian authorities, a volume has been reserved for the Y-1 auction, ensuring that cross-border capacity can still participate and contribute as of the first delivery year (see recital (189)).
    (441) In the Opening Decision, the Commission sought clarification on the use of the capacity congestion revenue and the share of these revenues between TSOs.
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