directorate general for energy and transport unbundling dg tren c-2 european commission dg energy...
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Directorate General for Energy and Transport OverviewTRANSCRIPT
Directorate General for Energy and Transport
Unbundling DG TREN C-2
European CommissionDG Energy and Transport
Belgrade,
Seminar on Gas Industry Restructuring
04-05 October 2005
Directorate General for Energy and Transport
Introduction: the provisions of the Directive
Major goal of DIR 2003/55 is to achieve unbundling of integrated companies
Art 9, 10 TSO unbundling Art 13, 14 DSO unbundling Art 15 combined operator Art 16, 17 unbundling of accounts
Directorate General for Energy and Transport
Overview
LegalUnbundling
FunctionalUnbundling
AccountingUnbundling
TSO + + +
DSOabove 100.000customers
Exemptionpossible
until 1.7.2007
+ +
DSObelow 100.000customers
Exemptionpossible
Exemptionpossible
+
Directorate General for Energy and Transport
Overall objective of unbundling
Ensure fair network access through: Separating the network business – natural
monopoly – from those activities of the vertically integrated companies, which compete on the market (supply, production)
Should be the underlying guiding rule when interpreting individual provisions.
Directorate General for Energy and Transport
Vertically integrated company Functional unbundling necessary if legally separate
company remains under „control“ Reference to merger regulation Control=majority of shares or de facto control Exemptions to legal and functional unbundling Application of the merger regulation (“control”) in
the context of the 100.000 customers exemption
Unbundling – applicability
Directorate General for Energy and Transport
Legal unbundling
In principle free choice of legal form Modification to standard supervision regime
might be necessary to comply with functional unbundling
Combined multi-sector network operator possible
Directorate General for Energy and Transport
Management unbundling
Applies to top management and operational management
Salary independent from supply company Restrictions on mobility and shareholding of staff Common services: exceptionally acceptable under
certain conditions Application to not legally unbundled DSOs: concept
of profit-centre
Directorate General for Energy and Transport
Decision making rights – Compliance
Within the scope of the approved financial plan: independence of network company
No day-to-day oversight In the absence of legal unbundling: far-reaching
decision making rights of the network department, without prejudice to the overall responsibility of the board
Compliance programme: contents - enforcement - monitoring/reporting
Directorate General for Energy and Transport
Implementation by Member States
Functional unbundling rules are “minimum criteria” - need further complementation under national law
Functional unbundling rules are very general – need further specification under national law
100.000 customers exemption should be handled in the light of the particular national circumstances
Directorate General for Energy and Transport
Accounting unbundling
No derogation possible Establishes transparency of cost-allocation Accurate cost allocation methodologies vital
to avoid cross-subsidies Regulators to play an active role
Directorate General for Energy and Transport
Thank you for your attention!Reference documents: Dir EC 55/2003 and interpretative note on unbundling
Contact: [email protected]; [email protected];