In the period up to October 2020, Project activities 1 and 2 were fully implemented and they related to the development of draft regulations and internal rules regulating the process of violations investigation under Regulation №1227/2011 (REMIT), and the following deliverables have been drafted:
– Proposal for amendment and supplement of Ordinance No 3 of 21 March 2013 on licensing the activities in the energy sector;
– Draft EWRC Methodology for the calculation of fines/sanctions, imposed for violation of REMIT;
– Draft Rules for cooperation and collaboration between Energy and Water Regulatory Commission and Commission for Protection of Competition and Rules for cooperation and collaboration between Energy and Water Regulatory Commission and Financial Supervision Commission;
– Draft Instruction for terms and conditions for organizing and carrying out joint actions by officials from Ministry of Interior and Energy and Water Regulatory Commission;
– Draft Internal Rules for EWRC investigative expert in proceedings for establishment of violation under Chapter Seven “a”, Energy Act.
The final drafts of the deliverables were adopted at EWRC sessions.
As a next step, in order to create practical skills in exercising EWRC control powers under Regulation (EU) 1227/2011, in October and November 2020 three one-day trainings provided for in activity 6 were organized by the consultancy team with the participation of international and national speakers. Within the trainings practical issues have been discussed concerning the investigation of suspected REMIT violations, different categories of evidence, allowed actions for their collection, terms and procedures and ways of extracting electronic data during investigations. Specific software tools that could be used for the tasks have been presented.
At present, EWRC has adopted an amendment to Ordinance No 3 of 21 March 2013 on licensing the activities in the energy sector (OLAES), in force as of 31.12.2020. The amendments to OLAES regulate the public relationships related to the carrying out of effective control by EWRC regarding REMIT implementation. Two draft regulations are in a process of public hearing: Draft Methodology for the calculation of fines/sanctions imposed for violation of REMIT and under Art.224d of the Energy Act and draft Rules for access to files related to the establishment of violations under Article 3 and Article 5 of Regulation (EU) № 1227/2011, use and storage of documents representing industrial, trade or other legally protected secret.
"Economic" project activities 3, 4 and 5 continue their development and within their framework the following are being drafted:
– Draft Rules for conducting a single regulatory accounting for the electricity distribution system operators (DSO);
– Draft Methodology for the assessment of capital and operating expenses of DSOs and
– Draft Methodology for linking of regulated revenue of distribution network enterprises with indicators of efficiency and quality of services, to be proposed for adoption by EWRC.
The project is implemented with the financial support of the Operational program "Good Governance", co-financed by the European Union through the European Social Fund.
