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AMO SR Statement on complaints from the area of charges for electricity distribution and promotion of electricity produced from RSE and CHP

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AMO SR Statement on complaints from the area of charges for electricity distribution and promotion of electricity produced from RSE and CHP1
Recently, the Antimonopoly Office of the Slovak Republic (hereafter only „AMO SR“) received many complaints from the area of electricity production and distribution. Regarding this fact AMO SR takes the liberty to issue this press release.
Subjected complaints refers to alleged infringement of article 8 of the Act No. 136/2001 Coll. on Protection of Competition and on Amendments and Supplements to Act of the Slovak National Council No. 347/1990 Coll. on Organisation of Ministries and Other Central Bodies of State Administration of the Slovak Republic as amended as amended (hereafter only „Act on Protection of Competition“), however by their content these complaints object the conduct that is regulated by the decisions of the sector regulator or comes out from the legal standards, compliance with which is not controlled by AMO SR. Namely it is:
1.    charging higher prices for electricity distribution or excessive annual price increase for electricity distribution  (fixed component of the tariff for distribution in this case),

2.    alleged infringement or misinterpretation of the provisions of the Act No. 309/2009 on Promotion of Renewable Sources of Energy and Highly Effective Combined Production and on Amendments and Supplements to Certain Acts (hereafter only “Act No. 309/2009“) referring to the obligations of the producers of electricity from the renewable sources of energy and highly effective combined production of electricity and consequent repudiation of the claim of these producers for the support under the Act No. 309/2009.
It is evident from the complaints themselves and from the facts included in these complaints that the objected issue does not refer to infringement of competition rules pursuant to the Act on Protection of Competition, but it refers to:

1.     pricing in the area of distribution of electricity, that is in given territory realized by the relevant regional distribution companies; distribution electricity companies are regulated subjects and they apply regulated prices having been approved by the price decision of the Regulatory Office for Network Industries (hereafter only “RONI”) pursuant to the Act No. 250/2012 Coll. on Regulation in Network Industries and the regulated subject is bound by this decision,
2.     interpretation and application of the provisions of the Act No. 309/2009, submitted by the Ministry of Economy of the Slovak Republic and the area of promotion of the renewable sources also belongs to regulated areas.
Regarding the aforementioned facts the Office states that assessment of facts objected within the complaints does not fall within the competence of the Office, and the Office is thus not relevant to deal with these complaints.

1RSE – Renewable sources of energy, CHP – Combined heat and power production.