Council Regulation (EC) No 1223/2004 of 28 June 2004 amending Regulation (EC) No 1228/2003 of the European Parliament and of the Council as regards the date of application of certain provisions to Slovenia

• Published date: 02 July 2004
• Subject Matter: Internal market - Principles,Energy
• Official Gazette Publication: Official Journal of the European Union, L 233, 02 July 2004

2.7.2004 EN Official Journal of the European Union L 233/3

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COUNCIL REGULATION (EC) No 1223/2004

of 28 June 2004

amending Regulation (EC) No 1228/2003 of the European Parliament and of the Council as regards the date of application of certain provisions to Slovenia

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union and in particular Article 2(3) thereof,

Having regard to the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, and in particular Article 57 thereof,

Having regard to the request of Slovenia,

Having regard to the proposal from the Commission,

Whereas:

(1) Regulation (EC) No 1228/2003 of the European Parliament and of the Council of 26 June 2003 on conditions for access to the network for cross-border exchanges in electricity (1) aims at setting fair rules for cross-border exchanges in electricity. That Regulation shall apply from 1 July 2004.

(2) In accordance with Article 6(1) of Regulation (EC) No 1228/2003, network congestion problems are to be addressed by means of non-discriminatory market-based solutions which give efficient economic signals to the market participants and transmission system operators involved.

(3) The Guidelines on the management and allocation of available transfer capacity of interconnections between national systems, set out in the Annex to Regulation (EC) No 1228/2003, contain rules which are directly linked to the general principle contained in Article 6(1) of that Regulation.

(4) Slovenia has requested a transitional period for the application of Article 6(1) of that Regulation and the related provisions in those Guidelines, until 1 July 2007.

(5) Slovenia has demonstrated that without a transitional period certain Slovenian energy-intensive industries would be adversely affected

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