The document summarizes a meeting of the Energy Community Regulatory Board (ECRB) that took place on October 8th, 2016 in Kiev, Ukraine. It discusses the ECRB's work to promote transparency in the energy sector according to EU Regulation 543/2013. While some progress has been made in transposing the regulation, actual publication of required data is lagging. Transparency levels vary significantly between Contracting Parties of the Energy Community. The ECRB plans to issue another transparency report in 2018 to further monitor implementation.

1. Energy Community Regulatory Board 35th ECRB Meeting, Athens, 6th December 2016
Transparency in the Energy
Community: Ukraine in focus
1
Zviadi Gachechiladze, ECRB EWG TF Leader
8 October, Kiev

2. Energy Community Regulatory Board 35th ECRB Meeting, Athens, 6th December 2016 2
ECRB
8 October, Kiev
• The ECRB is a Board of high level
representatives from the NRAs
• Advices EnC Ministerial Council and
PHLG
• Recommends on cross-border
issues
Mission:
• Harmonizing regulatory rules
• Providing coordinated regulatory positions
• Sharing regulatory knowledge
ECRB contains 3 working groups:
• Electricity
• Gas
• Customers and Retail Markets
Market opening
Balancing
Market monitoring
TF1
TF2
TF3

3. Energy Community Regulatory Board 35th ECRB Meeting, Athens, 6th December 2016 3
Transparency in Energy Community
8 October, Kiev
ECRB promotes transparency via various tools:
• Automated market monitoring platform – SEEAMMS
• ECRB market monitoring reports
• Transparency report
Scope of the report:
• Focusing on 543/2013 Regulation implementation
• Examining the level of implementation of the Contracting Parties in
fulfilling their obligations under Regulation (EU) 543/2013
• Analyses the possible reasons for lack of data publication
• Analysis publication level at ENTSO-e Transparency Platform
(EMFIP) - https://transparency.entsoe.eu/
• improvement trends by comparing the current publication level with
results of previous years
Such monitoring activity shall help the NRAs to enforce implementation of the
Regulation

4. Energy Community Regulatory Board 35th ECRB Meeting, Athens, 6th December 2016 4
Methodology of Transparency Report
8 October, Kiev
The results are sorted along the following lines:
• Overall scoring in terms of publication of data pursuant to Regulation (EU)
543/2013;
• Overall scoring in terms of publication of data on ENTSO-E transparency
platform
• Comparative performance of publication items by groups:
✓ Load
✓ Transmission
✓ Generation
✓ Balancing
• Scoring is calculated in relation with total applicable data item requirement
• 67 total data item requirement according to the 543/2013 regulation out of
which approx 56 item is applicable in EnC CPs

5. Energy Community Regulatory Board 35th ECRB Meeting, Athens, 6th December 2016 5
Transposition and de iure Compliance – EnC CPs
8 October, Kiev
• In Albania, Bosnia and Herzegovina and Montenegro national legislation
defines the obligation for data publication, however, without transposing
Regulation (EU) 543/2013 completely
• In Kosovo* and fYR of Macedonia national legislation only includes
general obligations for data reporting. However, the specific requirements
of Regulation (EU) 543/2013 are not transposed yet
• In Georgia, the Regulation (EU) 543/2013 is not transposed yet.
Transposition will be conducted through national Network Codes
• In Moldova transposition of the Transparency Regulation requires a
secondary act by the national regulator that is under preparation
• In Serbia Regulation (EU) 543/2013 was transposed via the TSO’s Rules
but changes in national legislation is needed in order to reach full
compliance

6. Energy Community Regulatory Board 35th ECRB Meeting, Athens, 6th December 2016 6
Transposition and de iure Compliance - Ukraine
8 October, Kiev
• NEURC adopted resolution - “Procedure on collecting and submission data
on functioning of the electricity market for publication on the ENTSO-E
Transparency Platform” and awaits entrance in force
• The main provisions of this Resolution is the next:
✓ In 2 months after entry into force - Primary owners of the data should
provide data to Ukrenergo on regular basis
✓ In 3 months after entry into force - Ukrenergo should draft Manual on
submission and publication data (in accordance with ENTSO-E
requirements)
✓ In 6 months after entry into force – Ukrenergo should provide data to
the Transparency Platform on regular basis

7. Energy Community Regulatory Board 35th ECRB Meeting, Athens, 6th December 2016 7
Implementation and de facto compliance
8 October, Kiev
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
BH ME AL MK KO* RS UA MD GE
2015 2016 2017
Overall scoring in terms of publication of data pursuant to Regulation 543/2013

8. Energy Community Regulatory Board 35th ECRB Meeting, Athens, 6th December 2016 8
Implementation and de facto compliance
8 October, Kiev
Overall scoring in terms of publication of data on ENTSO-E Transparency Platform (2017)
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
BH ME AL MK RS UA

9. Energy Community Regulatory Board 35th ECRB Meeting, Athens, 6th December 2016 9
Implementation and de facto compliance
8 October, Kiev
Publication of items related to Load
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
BH ME AL MK KO* RS UA MD GE
2016 2017

10. Energy Community Regulatory Board 35th ECRB Meeting, Athens, 6th December 2016 10
Implementation and de facto compliance
8 October, Kiev
Publication of items related to Transmission
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
BH ME AL MK KO* RS UA MD GE
2016 2017

11. Energy Community Regulatory Board 35th ECRB Meeting, Athens, 6th December 2016 11
Implementation and de facto compliance
8 October, Kiev
Publication of items related to Generation
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
BH ME AL MK KO* RS UA MD GE
2016 2017

12. Energy Community Regulatory Board 35th ECRB Meeting, Athens, 6th December 2016 12
Implementation and de facto compliance
8 October, Kiev
Publication of items related to Balancing
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
BH ME AL MK KO* RS UA MD GE
2016 2017

13. Energy Community Regulatory Board 35th ECRB Meeting, Athens, 6th December 2016 13
Main Conclusions (1)
8 October, Kiev
• Transparency by tendency increases with the 3rd Energy Package
Transposition
• Certain progress has been achieved on transposition of the transparency
regulation, however, implementation, i.e. publication of complete set of
information as required, is lagging behind…
• Not all the data that is locally published, is at the same time available at
EMFIP, reasons:
➢ Lack of secondary legislation
➢ Lack of compliance with ENTSO-E operational requirements
➢ Lack of IT set up
➢ Lack of communication with ENTSO-E

14. Energy Community Regulatory Board 35th ECRB Meeting, Athens, 6th December 2016 14
Main Conclusions (2)
8 October, Kiev
• Lack of ENTSO-E membership per se does not create a barrier for
delivering data to EMFIP ENTSO-E declared openness to receive and
publish data for non-member markets, with requirement that TSO
transferring data meets the operational requirements set by ENTSO-E
• However, level of Implementation is very heterogeneous within CPs whose
TSOs are members of ENTSO-E, being the front-runners… but this may
change in case of Ukraine
ECRB encourages Georgia, Moldova, Ukraine to start data submission to
EMFIP and calls upon regulators to actively promote related progress

15. Energy Community Regulatory Board 35th ECRB Meeting, Athens, 6th December 2016 15
Transparency Report 2018
8 October, Kiev
• Questionnaires are already collected
• Revision of the methodology of calculating scoring
• Regulatory check of the TSO answers
• Preparation and approval Transparency report 2018 at next ECRB meeting
Novelty of 2018 year – Information about missing data and TSO plans and
timelines when it will be published

16. Energy Community Regulatory Board 35th ECRB Meeting, Athens, 6th December 2016 16
z.gachechiladze@gnerc.org
Thank you
for your attention!
8 October, Kiev