For Producers
- adapted balancing tariffs (correction factor up to 125 MWh) for new producers (i.e. having less than 5% of total production);
- new regulation on supply of ancillary services (per MW for respectively primary, secondary and tertiary reserves);
- tender procedure organised by the Energy Minister to attract new investments in production capacity.
For Suppliers
- quarterly indexation only for supply to residential consumers, with indexation formula and parameters to be notified to CREG;
- creation by CREG of databank on supply contracts and conditions;
- one-stop shop principle for supply;
- new forms of pricing regulation with administrative fines;
- legal confirmation that industrial consumers can be supplied by various suppliers on a single off-take point and conclude contracts accordingly.
For Traders
- new legal definition of energy derivatives;
- increased transparency requirements on data exchange and invoicing;
- reference to impact of former take-or-pay gas contracts (concluded before August 2003).
For Network operators
- obligation to improve market integration, including the establishment of new congestion methods with interconnected network operators;
- modified presence of Government representatives in the corporate structures;
- increased protection of commercially sensible information.
For Regulators
- amendments to regulatory powers of CREG;
- new parameters and procedure for elaboration of network use and balancing tariff methodology;
- reporting by CREG on cost of offshore green certificates;
- explicit references to European commission and ACER.
For Public Authorities
- increased competences attributed to Energy Administration to elaborate policy documents on security of supply;
- shift of certain competences from CREG to Energy Administration;
- organisation of tender procedure for new generation capacity-Master Plan expected before July 2012.
For Industrial Consumers
- regularisation period of 6 months to comply with closed distribution system requirements;
- specific provision for railway infrastructur
These new legal provisions are the result of alleged lengthy sector consultation and parliamentary debates. Whether the final wording of these provisions - and their apparent formal flaws - meets the expectations of all market players involved is highly questionable. The coming 6 months period will be decisive in this respect.
