PROJECTS OF ENERGY COMMUNITY INTEREST - A TOOL FOR COOPERATION

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PROJECTS OF ENERGY COMMUNITY INTEREST - A TOOL FOR COOPERATION INOGATE REGIONAL WORKSHOP, 10th December 2015 Violeta Kogalniceanu, 1

Energy Community at a glance The Energy Community Treaty s aim: Create a single market framework within a single regulatory space, to increase energy trade attract investments enhance security of supply improve the environmental situation increase competition at regional level By means of regional cooperation, and a harmonized legal framework based on the EU Acquis on energy (electricity, gas, oil), energy efficiency, renewable energy, environment, competition, statistics, etc. 2

Energy Community Map European Union Contracting Parties Candidate Observers OSCE, Energy 19 Community Feb 2015 Secretariat 3

Energy Community Strategy (1) The Energy Community Strategy by 2020, endorsed by the Ministerial Council in October 2012 Key messages from the Strategy: Create a Pan-European Energy Market Introduce a common capacity allocation mechanism (coordinated auctions)& establish one or more power exchanges Phase out price regulation for large customers Adopt cost reflective energy network tariffs Adopt prices that reflect fully the cost of supply for all tariff customers 4

Why we have not more investments in the Energy Community? Small and fragmented markets (WBs, Moldova) Regulated, non cost reflective retail energy prices Dominant incumbant, state owned company, in rather poor financial conditions Difficult to do business governance issues, transparency, red tape,... Limited fiscal space for guarrantees Coal/lignite dominance - difficult to finance Affordability issues payment discipline Priorities shifting from one government to another... Name Energy of the Community Event Secretariat 5

6

Ease of doing business The World Bank report 2014 Economy Ease of Doing Business Rank 2014 Change in Rank to 2013 Rank Dealing with Construction Permits Procedures (number) Time (days) Cost (% of income per capita) Rank Getting Electricity Procedures (number) Time (days) Cost (% of income per capita) Rank Extent of disclosu re index (0-10) Protecting Investors Extent of director liability index (0-10) Ease of sharehold er suits index (0-10) Strength of investor protection index (0-10) Albania 90-8 189 no practice no practice no practice 158 6 177 543,3 14 7 9 6 7,3 146 Bosnia and Herzegovina 131-1 175 17 179 1100,2 164 8 125 492,5 115 3 6 5 4,7 135 Kosovo 86 +10 136 15 151 514,7 121 7 48 881,1 98 6 6 3 5 43 Macedonia, FYR 25 +11 63 12 90 512,1 76 5 107 258,6 16 9 8 4 7 26 Moldova 78 +8 174 26 291 65 165 7 140 542,1 80 7 3 6 5,3 95 Montenegro 44 +6 106 9 158 1159,3 69 5 71 487,6 34 5 8 6 6,3 86 Serbia 93-6 182 18 269 1433,5 85 4 131 505,6 80 7 6 3 5,3 161 Ukraine 112 +28 41 10 73 607,1 172 10 277 178 128 5 2 6 4,3 164 Rank Name Energy of the Community Event Secretariat 7

WHAT TO DO???? 8

Setting Priorities: Projects of Energy Community Interest (PECIs) In 2013-100 projects submitted by project promoters from CP and EU MS Identifying those projects of regional importance that would benefit from additional interventions such as: Technical assistance Financing mechanisms Policy and regulatory instruments Assessment and ranking of PECIs using CBA methodology and additional criteria Two Public Consultations Regulatory Authorities engaged A list of Projects of Energy Community Interest (PECIs) adopted by the Ministerial Council, October 2013 9

Project Assessment Methodology 1 Pre-assessment Eligibility check Identification of matching projects, complementarities, project clustering Verification of project data Projects proposed by project promoters Possible PECI projects Agreed with TF Public consultation 2 Economic Cost Benefit Analysis Input data for modelling Public sources; questionnaires Modelling assumptions Agreed with TF Reference scenario Presented to TF Modelling Change in socio-economic welfare Cost-Benefit Categories Project costs Security of supply Market Integration / Price convergence CO2 emissions 3 Multi-Criteria Assessment Additional Criteria Criteria Indicators Ability of each project to fulfil criterion Weights * Result of CBA Net Present Value Score 1 to 5 X 0,47 Enhancement of competition System Adequacy Progress in Implementation Facilitation of RES Competition Enhancement System Adequacy Implementation Progress RES Support Score Score Score Score Index Index Indicator Indicator 1 to 5 1 to 5 1 to 5 1 to 5 X X X X 0,19 0,17 0,11 0,06 Total score of each proposed project Ranking of projects according to scores * Weights and criteria differ slightly for the different groups (electricity infrastructure, electricity generation and gas infrastructure). In this graph criteria and weights for electricity generation are presented.

Expected investment costs Area of intervention Estimated investment costs billion Electricity Generation (14 projects) 8.053 Electricity Infrastructure (9 projects) 0.669 Gas Infrastructure (10 projects) 4.025 Oil Infrastructure (2 projects) 0.608 TOTAL: 13.355 11

PECI Electricity Interconnections 400 kv OHL Submarine DC cable 12

PECI Gas Infrastructure LNG Terminal Gas pipeline EBRD, Energy 24 Community February 2014 Secretariat 13

Implementation of PECIs: the full package Priorities identified: a common list, PECI adopted by energy ministers in October 2013 Regulatory measures: Regulation 347/2013/EU adopted in the Energy Community in 2015 Financing PECIs Main sources and issues: Government /own resources (very constrained at present) Commercial banks/private investors ( financial and economic crisis, European energy policy RE focus, market size and development) IFIs (require sovereign guarantees; fiscal space, very narrow) Confidence issues Donor funded blending facilities and TA - e.g: Western Balkans Investment Framework and NIF (crucial to advance investments) WHAT NEXT??? 14

PECI 2016 timetable Inception Report 1st meeting of the Groups List of eligible project Draft interim report Draft final report Draft preliminary list presented to PHLG PECI list adopted by the Ministerial Council 15

Regulation (EU) 347/2013 /1 No. Next Steps, Priorities Deadline 1 2 3 4 5 Each Contracting Party shall bring into force the laws, regulations and administrative provisions necessary to comply with Regulation (EU) 347/2013, as adapted by the Energy Community and shall inform the Secretariat thereof. Contracting Parties shall start with the implementation of provisions in accordance with Regulation (EU) 347/2013. The Ministerial Council shall establish (based on a preliminary list) the next PECI list. Thereafter, PECI list shall be established every two years. Contracting Parties shall designate one national competent authority responsible for the permit granting process for PECIs. Each Contracting Party (or a respective competent authority) shall publish a manual of procedures for the permit granting process applicable for PECIs. 31 Dec 2016 01 Jan 2017 31 Dec 2016 30 Jun 2017 31 Dec 2017 16

Regulation (EU) 347/2013 /2 No. Next Steps, Priorities Deadline 6 7 8 9 10 Duration of a permit granting process is limited to 3,5 years. (24 months for pre-application procedure, and 18 months for the statutory permit granting procedure). The process (which cannot be completed in 3,5 years) may be extended for 9 months upon a competent authority s decision. National regulatory authorities (cooperating in the framework of the Regulatory Board) shall establish and make publicly available a set of indicators and corresponding reference values for the comparison of unit investment costs. National regulatory authorities shall submit to the Regulatory Board the methodology and the criteria used to evaluate investment in electricity and gas projects and the higher risks incurred by them. The shall publish a report on the implementation of PECIs and submit it to the Ministerial Council. The shall establish an infrastructure transparency platform that should be publicly available. 30 Jun 2018 30 Jun 2017 MC in 2018 6 months after the adoption of PECI list 17

How could we enhance investments? Improve the business/investment climate Rule of law, contract enforcement ECS growing role in dispute resolution: Mediation in the case CEZ / Albania DSO Negotiations in the case KOSTT/EMS Harmonisation of VAT treatment - access to interconnectors ECS policy guidelines (web) Reform of electricity market model, electricity tariffs, and regulated electricity retail prices ECS policy guidelines (web) ECS legal assistance for new electricity and gas laws (3rd energy package) PSO (Ukraine, Moldova) Working togather : Dispute settlement mechanisms, Investors Advisory Panel Name Energy of the Community Event Secretariat 18

Lessons learned Too many priorities... Projects are not yet ready to be built (missing documentation, Companies (mainly state owned) lack financial resources Too many construction sites unfinished The right PECI candidates to be submitted In number and quality Goverment support is essential Proper and timely implementation of R 347 with the additional benefits Permitting streamlined and limited to 3.5 years EIA requirements clearer (EC Guidelines) Cost-benefits shared for cross border projects EU technical and financial assistance through WBIF and NIF To be used more extensively, especially in NIF. Name Energy of the Community Event Secretariat 19

Thank you for your attention! www.energy-community.org 20