Brussels, 27 April 2015
Subject: Addressing remaining concerns regarding the derogation procedure for a group of Type A generating
facility owners
Dear Member of the Electricity Cross-Border Committee,
The organisations co-signing this letter1 have been involved in the Network Code on Requirements for all
Generators (NC RfG) legislative process, advocating for a balanced code that ensures grid stability, while
taking into account the diversity of generators, their ability to adapt to the new grid code requirements and
the shift in the energy markets towards more distributed generation and a higher focus on small-scale
consumers.
While recognising that the amendment introduced in Article 61 of the latest NC RfG draft from 10 April
(specifying that for Type A generating facilities, derogation requests can be made by third parties) is a step in
the right direction, we believe that this provision deserves further clarification. We specifically request that
the NC RfG derogation procedure takes into account the capabilities of micro- and small-scale generator
owners (lower range of the Type A) as well as how those appliances (series produced and normally installed at
household or SME level) are brought to the market. Considering that a) standardised and series-produced
micro- and small-scale generators are sold via sales and installer networks, b) that their commissioning can
be very quick, and c) the benefit of having a workable solution for manufacturers with a view to further
supporting the internal market, the NC RfG should additionally clarify that a third party can apply for
derogation on behalf of a group of series-produced Type A generating facilities. This will ensure that the
decision to derogate on some of the NC RfG provisions for Type A series-produced generating units is granted
or declined before the product is even sold to the customer, for a proportionate, easy-to-implement and nondiscriminatory derogation procedure.
ECOS, EHI, EPIA and COGEN Europe acknowledge that the amendment to Article 61 in the latest version of
the NC RfG addresses to some extent concerns regarding limited or restricted access to request derogation
for Type A generator owners. Nevertheless, the organisations co-signing this letter ask you to clarify that
third parties can apply for derogation on behalf of a group/class of Type A generating facility owners, to
ensure free and non-discriminatory access to the derogation procedure for small and micro-generator
owners.
Yours faithfully,
Laura Degallaix
Federica Sabbati
Dr. James Watson
Dr. Fiona Riddoch
Director
ECOS
Secretary General
EHI
CEO
EPIA
Managing Director
COGEN Europe
1
ECOS (European Environmental Citizens’ Organisation for Standardisation), EHI (European Heating Industry
Association), EPIA (European Photovoltaic Industry Association) and COGEN Europe (European Association for the
Promotion of Cogeneration)