14.8.2009 Official Journal of the European Union L 211/15 REGULATION (EC) No 714/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003 (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- (4)  The Communication of the Commission of 10 January PEAN UNION, Having regard to the Treaty establishing the European Commu- nity, and in particular Article 95 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (1), Having regard to the opinion of the Committee of the Regions (?), Acting in accordance with the procedure laid down in Article 251 of the Treaty (3, Whereas: (1) The internal market in electricity, which has been progres- sively implemented since 1999, aims to deliver real choice for all consumers in the Community, be they citizens or businesses, new business opportunities and more cross- border trade, so as to achieve efficiency gains, competitive prices and higher standards of service, and to contribute to security of supply and sustainability. (2)  Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity () and 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 (°) have made significant contributions towards the creation of such an internal market in electricity. (3) However, at present, there are obstacles to the sale of elec- tricity on equal terms, without discrimination or disadvan- tage in the Community. In particular, non-discriminatory network access and an equally effective level of regulatory supervision do not yet exist in each Member State, and iso- lated markets persist. (1) O] C 211, 19.8.2008, p. 23. () 0] C 172, 5.7.2008, p. 55. (%) Opinion of the European Parliament of 18 June 2008 (not yet pub- lished in the Official Journal), Council Common Position of 9 January 2009 (O] C 75 E, 31.3.2009, p. 16) and Position of the European Par- liament of 22 April 2009 (not yet published in the Official Journal). Council Decision of 25 June 2009. (# OJ L 176, 15.7.2003, p. 37. () OJ L 176, 15.7.2003, p. 1. 2007 entitled ‘An Energy Policy for Europe’ highlighted the importance of completing the internal market in electric- ity and creating a level playing field for all electricity under- takings in the Community. The Communications of the Commission of 10 January 2007 entitled ‘Prospects for the internal gas and electricity market’ and ‘Inquiry pursuant to Article 17 of Regulation (EC) No 1/2003 into the Euro- pean gas and electricity sectors (Final Report) demon- strated that the present rules and measures neither provide the necessary framework nor provide for the creation of interconnection capacities to achieve the objective of a well-functioning, efficient and open internal market. (5 Inaddition to thoroughly implementing the existing regu- latory framework, the regulatory framework for the inter- nal market in electricity set out in Regulation (EC) No 1228/2003 should be adapted in line with those communications. (6)  In particular, increased cooperation and coordination among transmission system operators is required to create network codes for providing and managing effective and transparent access to the transmission networks across borders, and to ensure coordinated and sufficiently forward-looking planning and sound technical evolution of the transmission system in the Community, including the creation of interconnection capacities, with due regard to the environment. Those network codes should be in line with framework guidelines, which are non-binding in nature (framework guidelines) and which are developed by the Agency for the Cooperation of Energy Regulators established by Regulation (EC) No 713/2009 of the Euro- pean Parliament and of the Council of 13 July 2009 estab- lishing an Agency for the Cooperation of Energy Regulators (%) (the Agency). The Agency should have a role in reviewing, based on matters of fact, draft network codes, including their compliance with the framework guidelines, and it should be enabled to recommend them for adoption by the Commission. The Agency should assess proposed amendments to the network codes and it should be enabled to recommend them for adoption by the Commission. Transmission system operators should operate their net- works in accordance with those network codes. (7  In order to ensure optimal management of the electricity transmission network and to allow trading and supplying electricity across borders in the Community, a European (%) See page 1 of this Official Journal.