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Transcript
REGULATORY AUTORITIES
SETTING-UP AND MISSION DURING MARKET OPENING
Nina Grall-EDLER
3rd MEDREG IMME Seminar – 11/12 September 2013 - Tunis
OVERVIEW
1. MARKET OPENING – THE ROLE OF REGULATORS
2. WHAT IS NEEDED FOR EFFECTIVE REGULATORY WORK?
3. MARKET INTEGRATION / HARMONISATION – THE IMPACT OF
REGULATORY CROSS-BORDER COOPERATION
4. WHAT CAN BE EXPECTED FROM EFFECTIVE REGULATION?
THE ROLE OF REGULATORS [1]
 STARTING ASSUMPTIONS
FOR ELECTRICTY NETWORKS
 natural monopolies – investment costs
 essential facilities
 regulation required to ensure fair competition
 AREAS OF POTENTIAL BARRIERS TO COMPETITION DEFINE ROLE /
RESPONSIBILITIES OF REGULATORS 
THE ROLE OF REGULATORS [2]
POTENTIAL DISCRIMINATION /
MISFUNCTIONING
REGULATORY ACTIONS /
RESPONSIBILITIES
access to network
setting TPA and CAM rules
connection to network
setting connection fees
level / equality of network fees
setting network fees
network use
ensure transparency, setting
balancing rules and CMP
abuse of dominant market position
/ anti-competitive behaviour
e.g. capacity / volume release
 in cooperation with COMP
authorities
favorable market conditions
facilitating investments
ensuring security of supply
RES integration
customer protection
WHAT IS NEEDED [1]
 REGULATORY INDEPENDENCE
 Practical implementation
 Compliance and committment of other state bodies
 ACTIVE REGULATORS
 defining, not administrating the market!
 active cooperation with COMP authorities – ref. ex ante / ex post
role
 FULL SET OF REGULATORY POWERS
 Implementation by letter and spirit
WHAT IS NEEDED [2]
 INDEPENDENCE
[Third Energy Package]
 Legally distinct and functionally independent
 Acting indepently
 Taking autonomous decisions
 Exercising powers impartially and transparently
 Annual budget
 Human and financial resources
 Management
STRONG REGULATORY POWERS [Third Energy Package]
 Issue binding decisions
 carry out investigations on functioning of the market
 Impose proportionate measures to promote competition
 Require any information from undertakings
 Impose effective, proportionate and dissuasive penalties
CROSS BORDER COOPERATION[1]
 WHY MARKET INTEGRATION / CROSS BORDER TRADE ?
 increased liquidity / competition  impact of more suppliers / traders
 increased security of supply  more generation sources
 supporting network operation (security)  generation reserves,
balancing
 Some markets cannot function properly on national level only – lack of
liquidity, lack of market players
 cost of non-integration  economies of scale, competitive structures
 MARKET INTEGRATION
REQUIRES HARMONISED MARKET RULES ACROSS
BORDERS
 technical / operational rules
 market rules – network access, capacity allocation, congestion
management, balancing
 financial rules – transit compensation
CROSS BORDER COOPERATION
[2]
 EXAMPLES
 voluntary [1]  formally established but non binding: ERGEG,
ECRB
 voluntary [2]  formally established but non binding: CEER, ERRA
 obligatory  binding : ACER
 EXPERIENCE -
VOLUNTARY VS.
OBLIGATORY COOPERATION
 Impact on committment – by regulators and stakeholders
WHAT CAN BE EXPECTED FROM
EFFECTIVE REGULATION
 ECONOMIC GROWTH / INCREASE OF SOCIAL WELFARE
 Breaking up inefficient national monopolies  cost efficiency positively
impacts state budget
 Strengthening the economic conditions of national energy network
industries – by ensuring cost-reflective tariffs
 Increasing service quality and consumer protection
 Additional job opportunities
 Controlling network security
 Coordinated treatment of energy policies that affect each other  RES
integration – infrastructure development – energy efficiency –
sustainability – security of supply – competition
BUT...
 „HONEST“ LIBERALISATION POLICY IS KEY
 Regulated energy prices
 Regulated chain – generation, single buyer models
 No political interventions into regulatory work / strong regulator
 REFLECT IMPACTS OF OTHER POLICY AREAS
 RES  infrastructure
THANK YOU VERY MUCH FOR YOUR ATTENTION!
QUESTIONS?
DISCUSSION
CONTACT
Nina Grall-Edler
Head of ECRB Section – Regulatory Affairs
Energy Community Secretariat
E: [email protected]
W: www.energy-community.org
BACKGROUND SLIDES
IN DETAIL – INDEPENDENCE [1]
1. Legally distinct and functionally independent
 Independent from industry (2nd p) + any public body
 Decide on own management  no hierarchy-links, no office / personell sharing
2. Act indepently
a. Not seek or take instructions
b. No other institution to give instructions
3. Take autonomous decisions
a. Ex ante
 No external interference in decisions
`
 Develop own Work Program without need for consent
b. Ex post
 Decisions immediately binding
 Decisions cannot be subject to review / approval / veto  exemption juridical review
IN DETAIL – INDEPENDENCE [2]
4. Separate annual budget with autonomy in its implementation

Can be part of the state budget

Approval by parliament possible  but limited to global financial framework, no
influence on NRA priorities!

Appointment of NRA baord members possible  but not resulting in instructions!
5. Human and financial resources

Adequate to execute powers

Benchmark: other NRAs / bodies (e.g. national banks)
[ref. ITO!]
6. Management

Fix term 5-7 years, renewable once

Rotation scheme

Members appointed before the implementation of the 3rd package: max 7 years +

Relief from office only if not compliant with independence criteria
IN DETAIL – INDEPENDENCE [3]
7. Exercising powers impartially and transparently

„Impartially“: neutral, based on objective criteria and methodology

„transparently“

Adopt and publish procedures / decision making rules

Publish information on organisation and structure, including contact points

Consult stakeholders before taking decisions – at least by publishing drafts, ideally
including PCs / hearings / publication of comments and their reflection

Reasoned opinions – appropriate for juridical review
Remarks

Setting of national energy policy by government not affected

Independence does not contradict cooperation