SHIFTING ROLE OF NATIONAL REGULATORY AUTHORITIES? LEVY ON SURPLUS MARKET REVENUES OF ELECTRICITY PRODUCERS – IMPLEMENTATION STUDY & LESSONS LEARNED
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Abstract
This paper examines an emerging trend where the responsibilities of certain national regulatory bodies are being shifted and expanded beyond the traditional agenda. Using the energy sector as a case study, the author analyzes the levy on surplus market revenues of inframarginal electricity producers, as outlined in EU Regulation 2022/1854, and explores the evolving role of national energy regulatory authorities in relation to the new instruments for administration and collection of this levy. The levy can be classified as a tax instrument; therefore, it falls outside the core energy regulatory agenda. The paper begins with a brief overview of the characteristics of the windfall taxes and the legislative framework of the levy under EU Regulation 2022/1854. Subsequently, it identifies two categories of implementation approaches in EU Member States. It contrasts these with the approach taken by the Czech Republic, specifically regarding the choice of the responsible authority and its assigned tasks. The analysis suggests that the Czech approach exemplifies a trend where regulatory bodies are assigned responsibilities on top of and beyond their traditional core agenda, often without adequate personnel, knowledge, or financial support. The paper also discusses what pitfalls and challenges are associated with such a shift in the traditional regulatory agenda.
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