The Business Ombudsman Council provides recommendations to state bodies on the basis of individual cases and in accordance with published systemic reports. Here we have collected information on the implementation status of systemic recommendations only.
Report name
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Issued recommendations
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Execution status
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Systemic report "Natural monopolies vs. competitive business: how to improve relations" |
To perform permanent explanatory activities aimed at informing the licensees on elimination of the revealed monopoly abuses. National Energy and Utilities Regulatory Commission |
Implemented
— comments:
As reported to the Council by the NEURC, when considering the complaints lodged by the individuals and/or legal entities, carrying out state supervision (control) measures, the latter conducts explanatory work with the licensees to prevent any abuse of their monopoly position (compliance with the relevant licensing conditions). Also on 29 September 2016 the Memorandum on strengthening cooperation in electricity and natural gas markets and in the fields of heat-, water supply and sewage between the AMCU and the NEURC was signed: http://www.amc.gov.ua/amku/control/main/uk/publish/article/130144;jses sionid=847042A438B05A2E8334164C53780D1B.app1 However, the Council is not aware of the nature, frequency, and efficiency of measures taken by the NEURC, jointly with the AMCU within the framework of the Memorandum implementation.
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Antimonopoly Committee of Ukraine |
In process
— comments:
As it is set forth in the Memorandum, concluded between the AMCU and the NEURC, they agreed, among other things, (i) to exchange information on problematic issues in the markets of electricity, natural gas, heat-, water supply and sewage for ensuring the possibility of taking prompt actions aimed at their settlement within the limits of their competence, (ii) create an efficient competitive environment for introduction of new models of electricity, natural gas, heat-, water supply and sewage, simplifying the procedure of hooking-up services peovision: http://www.amc.gov.ua/amku/control/main/uk/publish/article/130144;jsessionid=847042A438B05A2E8334164C53780D1B.app1 However, the Council is not aware of the nature, frequency, and efficiency of measures taken by the NEURC jointly with the AMCU within the framework of the Memorandum implementation.
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National Energy and Utilities Regulatory Commission |
In process
— comments:
The NEURC in cooperation with the consultants of the USAID Municipal Energy Reform is working on drafting relevant regulatory documents for hooking up to centralized heating supply system. Within the framework of this USAID project, the NEURC’s specialists are members of a working group on the development of the procedure (methodology) for hooking up to heat networks, calculation of the hooking-up fee and financing of hook-up services, etc. The said procedures (methods) are not yet approved and therefore relevant consultations should continue to be carried out, if necessary
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Antimonopoly Committee of Ukraine |
Implemented
— comments:
At present, basic requirements and conditions for calculating the charge for hooking-up the customers’ objects to gas transmission or gas distribution systems are specified in the Methodology for setting the hooking-up fees for the gas transportation and gas distribution systems, approved by the NEURC on 24 December 2015 No.3054: http://zakon2.rada.gov.ua/laws/show/z0396-16 The provisions of the above Methodology provide for, in particular, the establishment of transparent and non-discriminatory conditions for determining the fee for standard/non-standard hook-ups, ensuring possibility of determining hook-up service cost at the stage of business planning, preventing abuses by GTS/GDS operators while determining the cost of services for hooking up such objects.
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To improve responsiveness to complaints from customers. National Energy and Utilities Regulatory Commission |
Implemented
— comments:
On 31 August 2017, the NEURC's Draft Resolution "On Approving the rules for settlement of disputes arising between business entities operating in the spheres of energy and utilities" was published on its official website: http://www.nerc.gov. ua /? id = 27182
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