Α. Trading license issuance procedure
The issuance of electricity trading licenses is conducted pursuant to the provisions of Law 4001/2011 (Government Gazette 179 A ‘/ 22.08.2011) and the First Part of the Licensing Regulation that refers to the “Electricity Supply and Trading License” pursuant to article 135 of the Law 4001/2011 (Government Gazette B ‘2940 / 05.11.2012). Article 134 (2) (4) of Law 4001/2011 differentiate the criteria that must be met for the issuance of the “Supply and Trading License” and introduces new provisions that replace the corresponding provisions of Law 2773/1999.
According to the current regulatory framework (Law 4001/2011), RAE decides on the issuance, the modification and the revocation of the licenses.
The application for an “Electricity Trading” license is submitted to RAE in accordance with the form set out in Annex 2, Part 1 and 2 of the relevant Licensing Regulation and is accompanied by the documents and information specified in Annex 2, Part 3, 4 and 5 (Application Form).
The examination of the application starts only if the file submitted is considered complete (if the application form is accompanied by all the documents required by the Licensing Regulation, all submitted by the applicant within the relevant deadline as it is announced in RAE’s website and by showing proof of the relevant fee deposit).
A.1. The right to apply for an Electricity Trading License and the relevant prerequisites
Α.1.1. Right to apply for an Electricity Trading License
The right to submit an application for the issuance of an Electricity Trading license, without prejudice to article 18 of the Licensing Regulation, have public limited companies or limited liability companies which have at the time of submitting the application, the share capital defined in case (a) of paragraph 4 of article 134 of Law 4001/2011, and: a) have been legally established and have their registered offices in a Member State of the European Union, or the European Economic Area (EEA) or in countries of the Energy Community or in third countries, if the relevant right derives from a bilateral agreement that the country has concluded with Greece or the European Union, or b) have legally established a branch in Greece.
The holder of the Electricity Trading License may not exercise the right to supply electricity.
The applicant for an Electricity Trading License must:
- Be a public limited company or a limited liability company with a share capital of at least € 60,000
- Have organizational and administrative structure suitable to ensure the reliable, prudent and useful exercise of the trading activity in accordance with the provisions of the Licensing Regulation
- Have the necessary financial solvency, which can be evidenced by the submitted financial data during the application
A.2. Application fee
- The application fee (Government Gazette B ’43 / 22.01.2001), is a lump-sum payment to RAE’s account (ΙΒΑΝ: GR68 0140 3580 3580 0200 2002 392, SWIFT CODE: CRBAGRAA) and it is calculated based on the requested supply capacity (the maximum capacity that can be supplied by the company in total to all its customers per hour).
- In case the application concerns a new license, the fee is set at € 29.36 per MW
- In case the application concerns the terms’ amendment of an existing license, the fee is set at € 5.86 per MW of the capacity agreed in the original license
- In case the application concerns the amendment of the supply capacity, the fee is set at € 5.86 per MW of the existing license + € 29.36 for each additional MW based on the increase of the requested supply capacity
Α.3. Decision publication
Within fifteen (15) days from the submission of the application for the Trading License issuance, RAE publishes on its website a summary of the application which includes at least:
- The name of the applicant (legal person)
- The type of license requested (Trading License)
- Any other information that the Authority deems necessary to be published. (Publication of the Trading License application)
- Regulatory Framework
- Law 4001 / 2011 (Government Gazette 179 A ‘/ 22.08.2011)
- Ministerial Decision 591 “Determination of activity fees in the energy sector” (Government Gazette Β ’43 / 22.01.2001)
- First Part of the Licensing Regulation “License for Supply and Trading of Electricity” pursuant to article 135 of law 4001/2011 (Government Gazette B ‘2940 / 05.11.20012)
Γ. Indicative list of required documents and data for the submission of the application for the electricity trading license
- Application for Electricity Trading License. Submitted in the Greek language and in an electronic form (CD)
The application for an Electricity Trading License is submitted to RAE in accordance with the specificities set out in Annex 2, Part 1 and 2 of the relevant Licensing Regulation and it is accompanied by the documents and data set out in Annex 3,4 and 5.
- Three (3) separate forms of solemn declarations
If the solemn declarations are drafted according to Law 1599/1986, the authenticity of the signee must be certified by a Greek authority, a Greek consulate, or a Greek embassy with apostille. Similar solemn declarations of other EU Member State are accepted if they are validated by a relevant Certifying authority of that country.
- Proof of payment of the fee.
- Copies of the legal documents of the company that prove the legal nature of the company (SA or Ltd), the legal representation of the company (Board, Manager), its share of paid-up capital and its shares ownership up to a natural person.
- A certificate, issued by the company’s legal representative, regarding the organizational and administrative structure of the applicant company and its possible ties and participations, as well as its partners and managers, in other companies or groups of companies, in Greece and abroad.
- Financial statements of the company of the last three financial years accompanied by the respective reports of certified auditors and the relevant audit certificates, as well as copies of activity reports. In case these are not available for the applicant company, the financial statements of the main company’s shareholders must be presented