Energy: networks, permissions and contracts · France / Switzerland
Electricity aggregation: compare the control mandate
A flexibility mandate allocates control rights over identified consumption, generation or storage assets. Establish the owner, aggregator and operating perimeter before comparing availability, activation, measurement, remuneration and exit. France and Switzerland have their own flexibility and network-priority frameworks. Record which terms come from the contract and which require a regulatory check. This dossier concerns flexibility control, separately from supply, storage-network access or production permission.
Julie by AlphaDeep is an AI legal assistant for French law: it researches official references to help answer your questions (Légifrance, case law, service-public), analyses your documents and drafts your letters, for individuals and professionals alike.
- Official texts cited
- Sources checked on
- Drafted with AI assistance, our method
General legal information with official references and dated checks. It is not personalised advice: for a decision that commits you, have your situation checked by a qualified professional.
Julie by AlphaDeep
Who holds the flexibility and may issue control instructions?
France: connect asset rights and control instructions with the actual contracts. Switzerland: LApEl 17c identifies the relevant customer, producer or storage-operator flexibility holder; equipment ownership alone should not silently substitute for that statutory and contractual analysis.
Read the referencesYour file concerns “Electricity aggregation: compare the control mandate”. Does it concern France or Switzerland? Share the document for assets and holder and the decision you need to prepare.
3 free questions at signup. Avoid names and sensitive information.
Which consumption, generation or storage assets enter the mandate?
France: identify consumption, production or storage assets within the aggregation activity under L338-1. Switzerland: define the actual installations and flexibility concerned; a generic mandate does not establish every asset or operating permission covered.
Code énergie: commercialisation L331–L338 : L338-1, L338-2, L338-3input-frinput-fr
Who holds the flexibility and may issue control instructions?
France: connect asset rights and control instructions with the actual contracts. Switzerland: LApEl 17c identifies the relevant customer, producer or storage-operator flexibility holder; equipment ownership alone should not silently substitute for that statutory and contractual analysis.
Code énergie: commercialisation L331–L338 : L338-1, L338-2, L338-3input-frinput-fr
Flexibility control-right and payment matrix
Synthetic example: fictional records. Flexibility control-right and payment matrix.
Synthetic example: fictional records · Flexibility control-right and payment matrix
- Jurisdiction
- France
- Assets and holder
- Assets A1, holder H1
- Control and limits
- Agent M1, limits L1
- Measurement and payment
- Records R1, terms F1
- Duration and exit
- Version V1, clause S1
This dossier concerns flexibility control, separately from supply, storage-network access or production permission.
How is the mandate separated from the supply agreement?
France: L338-2 separates aggregation from the existing electricity undertaking’s consent, with its transitional-contract reservation. Switzerland: keep the mandate separate from supply and network contracts; neither framework justifies assuming that every prior agreement has disappeared.
Code énergie: commercialisation L331–L338 : L338-1, L338-2, L338-3input-frinput-fr
What activation, availability and measurement limits are agreed?
France: document agreed activation, availability and measurement limits. Switzerland: OApEl 19b provides specified contents for the relevant DSO flexibility contract, not automatically every private mandate; preserve the actual scope instead of importing one contract model universally.
Code énergie: commercialisation L331–L338 : L338-1, L338-2, L338-3input-frinput-fr
Preparation reference: Flexibility control-right and payment matrix
| Preparation question | Point to verify |
|---|---|
| Which consumption, generation or storage assets enter the mandate? | France: identify consumption, production or storage assets within the aggregation activity under L338-1. Switzerland: define the actual installations and flexibility concerned; a generic mandate does not establish every asset or operating permission covered. |
| Who holds the flexibility and may issue control instructions? | France: connect asset rights and control instructions with the actual contracts. Switzerland: LApEl 17c identifies the relevant customer, producer or storage-operator flexibility holder; equipment ownership alone should not silently substitute for that statutory and contractual analysis. |
| How is the mandate separated from the supply agreement? | France: L338-2 separates aggregation from the existing electricity undertaking’s consent, with its transitional-contract reservation. Switzerland: keep the mandate separate from supply and network contracts; neither framework justifies assuming that every prior agreement has disappeared. |
| What activation, availability and measurement limits are agreed? | France: document agreed activation, availability and measurement limits. Switzerland: OApEl 19b provides specified contents for the relevant DSO flexibility contract, not automatically every private mandate; preserve the actual scope instead of importing one contract model universally. |
Code énergie: commercialisation L331–L338 : L338-1, L338-2, L338-3input-frinput-fr
How are remuneration, imbalance and other costs allocated?
France: reconcile remuneration, imbalance and other costs by asset and period. Switzerland: distinguish agreed payments from the special guaranteed-network-use branch; the worksheet does not derive a universal price or payment entitlement from a single activation.
Code énergie: commercialisation L331–L338 : L338-1, L338-2, L338-3input-frinput-fr
Which official provision helps explain this situation?
A flexibility mandate allocates control rights over identified consumption, generation or storage assets. Establish the owner, aggregator and operating perimeter before comparing availability, activation, measurement, remuneration and exit. France and Switzerland have their own flexibility and network-priority frameworks. Record which terms come from the contract and which require a regulatory check. This dossier concerns flexibility control, separately from supply, storage-network access or production permission.
Which network-priority or guaranteed-use rights affect control?
France: identify the applicable network constraints and contract limits on control. Switzerland: the statutory guaranteed-use branch and OApEl 19c have specific conditions and limits; do not turn that branch into unlimited free control by every network actor.
Code énergie: commercialisation L331–L338 : L338-1, L338-2, L338-3input-frinput-fr
What data access and operating records are required?
France: connect data access, metering and activation records with the agreed roles. Switzerland: preserve equivalent documentary evidence and access conditions; information rights are separate from permission to operate or physically alter an installation.
Code énergie: commercialisation L331–L338 : L338-1, L338-2, L338-3input-frinput-fr
How do amendment, exit and existing-control provisions affect the assets?
France: compare contractual exit with the L338-3 switching principle in its scope. Switzerland: OApEl 19d treats specified existing control and objections separately, without an automatic right to remove installed equipment. Neither record itself terminates an agreement.
Code énergie: commercialisation L331–L338 : L338-1, L338-2, L338-3input-frinput-fr
What other questions arise in this file?
Who holds the flexibility and may issue control instructions?
France: connect asset rights and control instructions with the actual contracts. Switzerland: LApEl 17c identifies the relevant customer, producer or storage-operator flexibility holder; equipment ownership alone should not silently substitute for that statutory and contractual analysis.
Code énergie: commercialisation L331–L338 : L338-1, L338-2, L338-3input-frinput-fr
What activation, availability and measurement limits are agreed?
France: document agreed activation, availability and measurement limits. Switzerland: OApEl 19b provides specified contents for the relevant DSO flexibility contract, not automatically every private mandate; preserve the actual scope instead of importing one contract model universally.
Code énergie: commercialisation L331–L338 : L338-1, L338-2, L338-3input-frinput-fr
Which network-priority or guaranteed-use rights affect control?
France: identify the applicable network constraints and contract limits on control. Switzerland: the statutory guaranteed-use branch and OApEl 19c have specific conditions and limits; do not turn that branch into unlimited free control by every network actor.
Code énergie: commercialisation L331–L338 : L338-1, L338-2, L338-3input-frinput-fr
How do amendment, exit and existing-control provisions affect the assets?
France: compare contractual exit with the L338-3 switching principle in its scope. Switzerland: OApEl 19d treats specified existing control and objections separately, without an automatic right to remove installed equipment. Neither record itself terminates an agreement.
Code énergie: commercialisation L331–L338 : L338-1, L338-2, L338-3input-frinput-fr
Which official references should you consult?
- Code énergie: commercialisation L331–L338 : L338-1, L338-2, L338-3www.legifrance.gouv.fr
- input-frwww.fedlex.admin.ch
- input-frwww.fedlex.admin.ch
Texts cited last checked: 3 November 2026