1 THE THIRD ENERGY PACKAGE – THE ENERGY COMMUNITY APPROACH Energy Community Secretariat 20 th Forum of the Croatian Energy Association and WEC National Committee Zagreb, 18 November 2011

2 ON THE COMMUNITY AND ITS TREATY EU energy policy as energy policy of Europe Status: Oct 2011

3 THE COMMUNITY AS A “SUCCESS STORY” The Report of the European Commission to the European Parliament but Improvements needed

4 ON THE TREATY IMPLEMENTATION 1.The Acquis as established by the Treaty (2006) - Electricity and Gas, Environment, Competition, Renewable energy 2. Added by the Ministerial Council: -Security of Supply (2007); Energy efficiency (2009); 3 rd Internal Energy Market Package (October 2011) 3. Under discussion for implementation on mandatory basis: - inter alia Oil (oil stocks) and statistics; New RES Directive (2009)

5 THE COMMUNITY AND THE THIRD PACKAGE PRACTICAL IMPORTANCE Reasoning for the 3rd Package (EU context) – Improving the market Practical Reasoning for the attention to 3rd Package (Energy Community context) - Continuation of the process (follow the EU developments); -Shortcomings observed -A stepstone towards market opening – more transparency and cross border cooperation

6 THE COMMUNITY AND THE THIRD PACKAGE FORMAL STEPS CURRENTLY The Implementation Focus – the second package, but preparatory activities in place HOWEVER The Third Package – center of attention in the Energy Community context since its adoption IN CONCRETE 24 September 2010 – Recommendation on the Third Internal Energy Market Package adopted by the Ministerial Council -06 October 2011 – Decision on the Third Internal Energy Market Package, adopted by the Ministerial Council

7 THE ROLE OF THE DECISION FOR THE ENERGY COMMUNITY Indication of the continuity – facing the amendments in time Recalling the Community objectives in the EU context – results are expected on the ground of the EU acquis Emphasis on the challenges in an updated legislative dimension – strengthen the regulators on national level, improve the regulatory coordination on regional (international) level, harmonize the role of the TSOs etc. i.e. face the market in real terms

8 THE REGULATORS IN THE ENERGY COMMUNITY CONTEXT The Energy Community Regulatory Board – structure and functions Harmonizing the approach and independence on national level – major challenges Promoting the investments – a key need (developed documents); strong cooperation with the other national authorities necessary!

9 THE ENERGY COMMUNITY REGULATORS IN THE THIRD PACKAGE CONTEXT Cooperation with ACER Harmonization of competences Fine tune the relations with other national institutions (e.g. competition authorities) As to conduct effectively the market and promote the investments Independence, Independence!

10 THE THIRD PACKAGE – WHAT IS NEXT IN THE ENERGY COMMUNITY Support on clarifications – active position by the Contracting Parties demonstrated Support on implementation (including for the new Members) – focus on active involvement of all national bodies Monitoring on the implementation process ( ) Cooperation with the EU institutions – ACER, ENTSO-E, ENTSO-G

11 THE THIRD PACKAGE AND VULNERABILITY Energy Community acquis communautaire (Electricity and Gas Directives): Measures to protect final customers and in particular adequate safeguards for protection of vulnerable customers required; Mechanisms for regulation to avoid any abuse of a dominant position, in particular to the detriment of consumers Third legislative package strengthens the right of the customers: Definition of a concept of vulnerable customers required; Appropriate measures providing social security benefits to ensure the necessary energy supply to vulnerable customers ; One of the objectives of regulatory authorities is to contribute to the protection of vulnerable customers Undertaken and planned activities

12 ON THE MODERNIZATION OF THE WORK - STEPS TOWARDS THE PACKAGE IMPLEMENTATION More initiatives from the Contracting Parties - The Regional Energy Strategy as example More active Business Community - the Investment Advisory Panel - the Dispute Settlement More active Donors’ Community - streamlining the support - link the support with achieving concrete results Where are the challenges

13 INSTEAD OF A CONCLUSION For the Energy Community the implementation of the Second Package is still a legally backed up priority, BUT In parallel - Work in the Third Package context continues AS This is objectively justified and practically necessary

14 THANK YOU FOR YOUR ATTENTION! Substantial amount of analytical reports and presentations both for the national and regional perspective are to be found on