ANNUAL REPORT 2010 - Konkurentsiamet

In addition to the above, legislations prescribe that a consumption site is recognised as a
connection point or a collection of connection points, electrically interconnected by the
electrical installation of the eligible consumer, and of the electrical installation of an eligible
consumer.
From the position of passing and entry into force of legislations, the opening of the
electricity market was relatively urgent, for which reason it can be concluded in retrospect
that the parties were left with little time for thorough preparation, as the Riigikogu only
passed the amendments to the Act on 28.01.2010, and that made the opening of the
electricity market possible (the amendments entered into force on 27.02.2010). As the
electricity market was supposed to open on 01.04.2010, distribution network operators
already commenced identifying and informing eligible consumers in February 2010 when
the respective amendments to the Electricity Market Act had not yet entered into force.
Before the actual entry into force of the amendments, the sellers of electricity also informed
the eligible consumers of the cancellation of the electricity contracts. It was necessary for
distribution network operators and sellers of electricity to identify and inform eligible
consumers to ensure that eligible consumers would be able to choose from which provider
and for what price they will buy electricity starting from 01.04.2010.
The activities of distribution network operators and sellers of electricity encouraged eligible
consumers to ask questions and many of them turned to the Competition Authority for
answers.
Several persons submitted complains to the Competition Authority regarding their
identification as an eligible consumer. The reasons for non-qualification as an eligible
consumer were numerous. Conflict of the activities of distribution network operators and
electricity sellers with the Electricity Market Act was mentioned among the major reasons.
Several eligible consumers found that distribution network operators and sellers of
electricity lacked legal grounds for the identification of persons as eligible consumers and
the cancellation of electricity contracts prior to entry into force of the respective
amendments of the Electricity Market Act. Many eligible consumers also found that they
have not consumed electricity for their own purposes in the amount of 2 GWh in a calendar
year, but rather partially or fully sold it on to third parties (in case of shopping centres, for
example, to lessees, in case of industrial parks to other properties). In several cases a
question also arose as to whether a distribution network operator has identified the
consumption site of the eligible consumer pursuant to the Electricity Market Act, as
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