On 19 March 2021, we received a request from the Electricity System Operator (“ESO”) for a derogation under Article 6(14) from the requirements of Article 6(4) of Regulation (EU) 2019/943 on the internal market for electricity (recast), as amended by the Electricity and Gas (Internal Markets and Network Codes) (Amendment etc.) (EU Exit) Regulations 2020 (the “Electricity Regulation”) for its Optional Downward Flexibility Management (“ODFM”) product.
This letter sets out our decision to approve this derogation request in accordance with Article 6(14) of the Electricity Regulation and also outlines the necessary next steps that must be taken.