Under the Euro Medium Term Note Programme ... - Finance - EDF
Under the Euro Medium Term Note Programme ... - Finance - EDF
Under the Euro Medium Term Note Programme ... - Finance - EDF
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
Risk Factors<br />
Risks associated with <strong>the</strong> importance of <strong>the</strong> <strong>EDF</strong> Group’s position in <strong>the</strong> French<br />
electricity market<br />
Although it has seen a decrease in its market share due to market liberalisation, <strong>EDF</strong> should<br />
remain <strong>the</strong> largest operator in <strong>the</strong> French electricity market over <strong>the</strong> next few years,<br />
particularly with respect to power generation and supply.<br />
The transmission and distribution businesses operated by RTE and Électricité Réseau<br />
Distribution France (ERDF), respectively, are required to be operated in a manner that<br />
ensures <strong>the</strong>y are independent from generation and marketing activities in order to ensure<br />
non-discriminatory access to all users.<br />
Although <strong>EDF</strong> complies and will continue to strictly comply with <strong>the</strong> applicable competition<br />
and non-discrimination rules, competitors have initiated and may initiate litigation for noncompliance<br />
with <strong>the</strong>se rules, which could be decided against <strong>the</strong> <strong>EDF</strong> Group’s interests.<br />
In addition, <strong>the</strong> competent authorities or certain governments could, in order to maintain or<br />
enhance competition in certain energy markets, make decisions contrary to <strong>the</strong> <strong>EDF</strong> Group’s<br />
economic or financial interests or to its model as an integrated and balanced operator, which<br />
could have a negative impact on <strong>the</strong> <strong>EDF</strong> Group’s model, activities and financial results.<br />
In France, for example, a provision of <strong>the</strong> NOME (New Organisation of Electricity Markets)<br />
law of 7 December 2010, provides for a transition period, until <strong>the</strong> end of 2025, of regulated<br />
access to electricity generated by existing nuclear capacity (“accès régulé à l’électricité<br />
nucléaire historique” or “ARENH”) for operators supplying end users and network managers<br />
to cover <strong>the</strong>ir losses in mainland France. The impact of this measure may be significant for<br />
<strong>the</strong> businesses and results of <strong>EDF</strong>.<br />
O<strong>the</strong>r <strong>Euro</strong>pean countries may also claim that <strong>the</strong> liberalisation of <strong>the</strong> French market is<br />
insufficient and implement measures intended to slow <strong>the</strong> <strong>EDF</strong> Group’s expansion in <strong>the</strong>ir<br />
own countries.<br />
Laws and regulations that require transmission and distribution activities to be<br />
managed independently limit control over <strong>the</strong>se activities<br />
In accordance with current laws and regulations, <strong>EDF</strong> manages its transmission and<br />
distribution networks independently from its generation and supply activities and has<br />
transferred its distribution and transmission activities to wholly-owned subsidiaries. <strong>EDF</strong> has<br />
been and may be affected by <strong>the</strong> loss of control over certain strategic and operational<br />
decisions, which may have an impact on <strong>the</strong> outlook for and profitability of its transmission<br />
and distribution activities in France. At <strong>the</strong> same time, <strong>EDF</strong> will continue to bear certain risks<br />
associated with its operations, potential liability to third parties and factors that may affect <strong>the</strong><br />
profitability of its assets.<br />
The <strong>EDF</strong> Group may face similar risks in countries where it owns or manages transmission<br />
or distribution networks and where it is subject to similar regulatory restrictions.<br />
-38 -