Competencies and duties
New competences and duties were assigned
to RAE with respect to electricity and natural gas sectors by the Electricity
Law 3426/2005 and the Gas Law 3428/2005, in alignment with the
relevant provisions of the EC Directives 2003/54 and 2003/55,
in particular with respect to access tariffs to electricity and gas networks,
the terms and conditions for the provision of balancing services in natural
gas, as well as on issues related to security of electricity and natural gas
supply. Furthermore, on the basis of the modifications introduced with the abovementioned
laws, RAE acts as a dispute settlement authority with respect to complaints
against transmission or distribution system operator in both electricity and
natural gas sectors.
The main duties and responsibilities assigned to RAE relate to the following
subjects:
- Monitoring the operation of all sectors
of the energy market (Electricity, Natural Gas, Oil Products, Renewable Energy
Sources, Cogeneration of Electricity and Heat etc.).
- Collection and processing of information
from companies in the energy sector while respecting the principles of confidentiality.
- Participation in the pre-parliamentary
legislative process through recommendation to the Minister of Development
of the appropriate measures related to compliance with competition rules and
to the overall protection of the consumers in the energy market. RAE monitors
in particular the management and allocation of interconnection capacity, the
time taken by TSO and DSO for connections of users and repairs to the network,
the publication of all appropriate information by the TSO and the DSO, the
terms and tariffs for third party access, the unbundling of accounts, the
level of transparency and competition in the energy market and the security
of supply.
- RAE issues a report every two years on
security of supply both for electricity and natural gas, which is published
and submitted both to the Minister of Development and the Commission, pursuant
to the provisions of laws 3426/2005 and 3428/2005.
- Advice under the form of a simple opinion,
with respect to the enactment of the secondary legislation, with the exception
of the Electricity Grid Operation Code, the Power Exchanges Code, the Distribution
Network Operation Code, where RAE enjoys the right of a consenting opinion.
Furthermore, with respect to natural gas, RAE gives a consenting opinion for
the issue of the Operation Codes of the National Natural Gas System as well
as of the Independent Natural Gas System, while it approves the appropriate
methodologies and details for the implementation of both Operation Codes.
- Advice under the form of a simple opinion,
with respect to the terms and conditions for access to the transmission and
distribution networks. Approval of the methodologies for the access tariffs
to electricity transmission and distribution networks. The tariffs for third
party access to electricity networks are approved by the Minister of Development
following a consenting opinion of RAE, whilst RAE gives a simple opinion with
respect to tariffs for third party access to natural gas systems. Regarding
natural gas, RAE drafts the tariffs Regulation which is subject to approval
by the Minister of Development, and regulates the terms and conditions for
the provision of balancing services.
- Participation, under the form of a simple
opinion, in the process for the granting and revocation of licences for the
discharge of electricity activities.
- Monitoring of the exercise of the activities
undertaken by licensees and access to information.
- Advice, under the form of a simple opinion,
in the procedure for the approval of electricity retail tariffs with the exception
of access tariffs.
- Approval of the generation adequacy studies
conducted by HTSO to establish whether HTSO should issue tenders for new generation
capacity.
- Imposition of financial sanctions, particularly
fines to the violators of the primary and secondary energy legislation.
- Arbitral resolution of disputes between
parties on electricity and natural gas legislation.
- Dispute settlement authority with respect
to complaints against electricity transmission or distribution system operators
and the owner of the electricity network, as well as against Natural Gas System
and Distribution Operators on infringements of primary and secondary electricity
and natural gas legislation.
- Cooperation with Regulatory Authorities
of other countries, international Organisations and the European Commission.
- Reporting on an annual basis to the Commission
on market dominance, predatory and anticompetitive behaviour on the basis
of the appropriate information submitted by the Competition Authority.
Finally, under Law 3054/2002 specific
responsibilities were assigned to RAE regarding with the organisation and operation
of the oil products market.
RAE is obliged to comply with the legality principle. The decisions of RAE that
are not solely advisory are subject to judicial review by the Athens Administrative
Court of Appeals. Finally RAE publishes and submits to the Parliament via the
Minister of Development an annual report giving detailed information about its
functioning and acts.