The energy regulatory authorities need to be independent and autonomous in line with the European laws, and the European Commission will take all the measures to ensure that the member states fulfill their obligations in this regard, said the European Energy Commissioner Miguel Arias Canete, in a press conference held in Bucharest, alluding to the situation of the Romanian market regulator, ANRE, whose attributions will be partially redistributed to other state institutions.

“The independence of the national regulatory authorities, not just in Romania, but in any country, is an essential element of the European energy legislation. The Commission monitors the real independence of regulators from all member countries and we will take all necessary measures to ensure that the member states fulfill their obligations in this regard. “We monitor many member states to see if their national regulator is completely independent”, said the European official, quoted by Agerpres.

According to him, the independence of regulatory bodies is essential for the functioning of the markets.

“We do not want regulators to subordinate to any entity, but to be independent, autonomous, and so the markets will operate properly, without interference”, continued Canete.

Romania’s parliament decided on Wednesday to set up a parliamentary inquiry commission regarding the activity of the National Regulatory Authority for Energy (ANRE).

On the other hand, on Thursday, at the same press conference with the Energy Commissioner, the Romanian minister of State Toma Petcu said that this commission will also investigate the causes that led to the increases announced by ANRE for October 1st for energy and gas.

“We do not know what was the motivation from the requests of the energy and gas operators, regarding these price increases.” We do not have access to it, because the regulator is independent. But that parliamentary committee that will also check the prices of the DAM (the spot marker of the energy stock exchange – e.n.) will also be able to see how these increases have been achieved. We want to know very clearly what stood behind these decisions that we have understood, will be performed. From my point of view, these decisions should be considered to see if at their base there were substantiated requests”, said Petcu.

He said at the beginning of September that, depending on the parliamentary commission’s inquiry, part of ANRE’s activity could be taken over by the Government.

“We analyze the functioning mechanism of ANRE, to see where the decision is hindered, in relation to the activity of ANRE, not only of the management. From what I spoke to Mr. Havrileţ (Niculae Havrileţ, President of ANRE) there are some legislation problems and that do not allow them some things”, said Petcu.

Asked if the transfer of the ANRE is taken into account again to be subordinated to the Government, the minister replied: “I do not think so, maybe some parts, maybe the auction side, maybe the control side. There will be an analysis, it will be a reorganization of ANRE. ANRE has the role of regulation, control and supervision, we could take some of these activities. It is not a very clear decision and, I repeat, apart from the management’s decision, maybe it is regarding the organization”.

Petcu said that the reorganization of the regulator could be done by amending the law of incorporation of the ANRE.

In reply, Florin Tobescu, head of department within the ANRE, replied to the minister that a transfer of the ANRE under the Government would automatically trigger an infringement procedure by the European Commission as it would mean a violation of the Communitary directives, which stipulate that the regulator is independent of any public or private entity.

According to Law 160/2012, the National Regulatory Authority for Energy is an autonomous administrative authority, with legal personality, under parliamentary control, entirely financed from its own revenues, independent decisional, organizational and functional, having as object of activity the elaboration, approval and monitoring of applying the set of mandatory national regulations necessary for the functioning of the electricity, heating and natural gas and electricity market in conditions of efficiency, competition, transparency and consumer protection.