Ms Anne Dønnem - Konkurentsiamet

Status
Implementation of the 3rd package
Norway
10th Baltic Electricity Market Mini-Forum
June 4, 2010
Anne Dønnem, NVE

Third package implementation
■ Process for implementation
■ EEA agreement
■ 3 March 2011
■ 3 public consultations (2007, 2008, 2009)
■ Main areas in the third package
■ Regulatory independence
■ TSO certification
■ Regulatory cooperation
■ ACER
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Third package implementation
■
EEA country (Norway, Iceland, Lichtenstein + EU countries)
■
3rd package - 5 legislative acts – all EEA relevant
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■ EEA agreement (1994)
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■
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All EC legislation is dynamically incorporated into the Norwegian
national laws and fully implemented in the Norwegian legal
system
EC Directives, Regulations and Guidelines are implemented
wholly
Harmonisation of decisions of the Court of Justice within the
EEA, including the decisions of the supreme EFTA Court and the
European Court of Justice
ESA (European Surveillance Authority) is a supervisory body to
ensure that EEA countries comply with EU Directives and
Regulations
There are mechanisms in place to ensure proper implementation
and enforcement of EU legislation
In practise: No difference between EU Members and EEA countries
in the implementation and enforcement of EU Directives and
Regulations

Third package implementation
■
Regulatory independence
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One regulator at national level
• NVE is an electricity regulator
Independence
• NVE has been delegated the powers to take independent decisions
according to the Energy Act and Regulations including EU
regulations and guidelines when incorporated in the EEA agreement
• Financed mainly by the state budget
■
TSO certification
■
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Only one TSO in Norway – Statnett (100 % state owned)
Ownership unbundled (and in accordance with the requirement
of the 3rd package since 2002)
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Third package implementation
■
Cooperation at regulatory level
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■
CEER, ERGEG, NordREG
The Norwegian Energy Act states that to fulfil Norway's agreed
responsibilities towards another country, NVE can without hindrance
of legal requirements of confidentiality, communicate confidential
information to energy regulators in other EEA/EU-countries when
this information is necessary to promote the enforcement of
regulations of the electricity market. The receiver of such information
must declare to treat this information in confidentiality.
■
ACER
■ Based on the EEA agreement, will have to enter into an art. 31
agreement in order to participate
■
We are committed to participate as close as possible with other
regulators in the BoR of ACER
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Thank you for your attention!
Anne Dønnem
Norwegian Water and Energy Directorate
Tel: + 47 2295 9806
www.nve.no