Väljaminev kiri

Saatja: Marek Piiroja </o=JM/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=b3e27d9c463f444d89e5c499b4b2ed62-Marek Piiroja> Saaja: '[email protected]', '[email protected]', Karl Jaak Rebane Teema: FW: Sanctions - REMIT and Transparency regulations Dear Mrs Linda Tran In Estonia, the sanctions for violations of the REMIT regulation are as follows: By the Estonian Electricity Market Act https://www.riigiteataja.ee/en/eli/517032023003/consolide § 1014. Violation of the requirements of the wholesale energy market (1) Failure to comply with the requirements established by Articles 3–5 of Regulation (EC) No 1227/2011 of the European Parliament and of the Council is punishable by a fine of up to 300 fine units. (2) The same act, when committed by a legal person, is punishable by a fine of up to 32,000 euros. By the Estonian Natural Gas Act https://www.riigiteataja.ee/en/eli/503052023004/consolide § 442. Violation of requirements of the wholesale energy market (1) Failure to comply with the requirements established in Articles 3–5 of Regulation (EC) No 1227/2011 of the European Parliament and of the Council is punishable by a fine of up to 300 fine units. (2) The same act, when committed by a legal person, is punishable by a fine of up to 32,000 euros. The procedures are carried out by the Estonian Competition Authority (ECA) on the basis of the Misdemeanor Procedure Code https://www.riigiteataja.ee/akt/127012023026?leiaKehtiv (currently in English https://www.riigiteataja.ee/en/eli/504042023006/consolide). The law does not provide for a criminal punishment for the breach of REMIT. As part of supervision, ECA has the right to issue precepts and impose penalty payments. A precept imposes an obligation on a subject to eliminate the violation within a period of time specified in the precept. This right comes from the Law Enforcement Act https://www.riigiteataja.ee/en/eli/520032023002/consolide. If the subject fails to comply with the precept, ECA may impose a penalty payment. This right comes from the Substitutional Performance and Non-Compliance Levies Act https://www.riigiteataja.ee/en/eli/522012015001/consolide. Concerning the Transparency regulations, ECA has the right to issue precepts and impose penalty payments. No another authority or agency can replace ECA in these functions, and all ECA´s decisions can be challenged in court. Concerning the public warning, there in no such regulation. Best regards, Marek Piiroja Head of Legal Department Regulatory Division Estonian Competition Authority Tatari 39 Tallinn 10134 Ph. +372 667 2541 [email protected] <mailto:[email protected]> From: Linda Tran <[email protected] <mailto:[email protected]> > Sent: Monday, April 24, 2023 12:46 PM Cc: Emma Lahti <[email protected] <mailto:[email protected]> > Subject: Sanctions - REMIT and Transparency regulations Tähelepanu! Tegemist on välisvõrgust saabunud kirjaga. Tundmatu saatja korral palume linke ja faile mitte avada. Dear colleagues, We have an ongoing project where we investigate and review current and possible future sanctions for violations of prohibitions and obligations of the Regulation on Wholesale Energy Market Integrity and Transparency (REMIT) and Transparency regulations.* Therefore, we are interested in learning more about how your country has legislated regarding sanctions for these violations, and we would appreciate if you could take some time to answer these questions: * What sanctions do you have for violations of REMIT and the Transparency regulations? Do you have both criminal and administrative sanctions and measures (for example penalty payments or public warnings) for these violations? * After your investigation, if you decide it has been a breach of REMIT or the Transparency regulation, do you have the possibility to sanction the breach or/and do you hand the case over to another authority? Please describe your regulation of this in as much detail as possible. We would appreciate if you could attach or link to your laws/regulations so that we also can read it ourselves. We would appreciate it if you could return with an answer as soon as possible, but no later than the 12th of May 2023. Thank you! *REGULATION (EU) No 1227/2011 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2011 on wholesale energy market integrity and transparency, and COMMISSION REGULATION (EU) No 543/2013 of 14 June 2013 on submission and publication of data in electricity markets and amending Annex I to Regulation (EC) No 714/2009 of the European Parliament and of the Council Best regards, Linda Tran | Analyst Postal address Box 155, SE-631 03 Eskilstuna, Sweden Visit Libergsgatan 6, Eskilstuna | Drottninggatan 26, Stockholm Phone +46 16-542 91 61 | or +46 16 16 27 00 www.ei.se <http://www.ei.se> Read about our processing of personal data in emails here <https://www.ei.se/en/In-English/about-ei/personal-data-and-privacy-on-our-website/how-ei-handles-personal-data-in-emails/> Energy markets for the needs of society