CONSUMER PROTECTION IN THE REPUBLIC OF CROATIA

Transcription

1 CONSUMER PROTECTION IN THE REPUBLIC OF CROATIA Seventh (Closeout) Partnership Activity: Working Together to Improve Croatia s Regulatory Capacities Zagreb, June 2 5, 2008

2 1. INSTITUTING PROCEEDINGS FOR CONSUMER PROTECTION AT HERA Energy consumers can protect their rights at HERA via: Appeals, Complaints, Claims and other written queries regarding the work of energy undertakings in the electricity sector, thermal energy sector, and natural gas and oil sectors. All written queries are processed by HERA s Expert Services, more specifically, by the competent technical Division and the Division for Legal Affairs and Consumer Protection. HERA s decision, taken with regard to dispute resolution instituted at HERA, is final and can be appealed in an administrative proceeding before the Administrative Court of the Republic of Croatia.

3 1.1. MOST FREQUENT REASONS FOR APPEALS BY ELECTRICITY CONSUMERS Rejection of connection to the electric power network, Connection conditions, and Determination of the fee for connection and for usage of the electric power network.

4 1.2. MOST FREQUENT REASONS FOR APPEALS BY GAS CONSUMERS Rejection of access to the natural gas transport system, Conditions of access to the natural gas transport system, Rejection of access to the natural gas distribution system, Conditions of access to the natural gas distribution system, and The fee for connection and usage of the natural gas transport-distribution system

5 1.3. MOST FREQUENT REASONS FOR APPEALS BY THERMAL ENERGY CONSUMERS Rejection of access to the distribution network, Conditions of access to the distribution network, Withholding of consent to thermal energy tariff consumers on joint thermal energy meter for opting out from the heat system, and Withholding of consent to owners of parts of buildings representing an autonomous operating unit for installation of devices for local separation of delivered thermal energy, devices for regulation of heat separation and devices for measuring of thermal energy consumption.

6 1.4. APPEAL PROCEEDINGS AT HERA A consumer appeals to HERA via an energy undertaking within 15 days from the receipt of the energy undertaking s decision. The energy undertaking must take a decision with regard to the complaint within 30 days from thereceiptof thecomplaint. In case the energy undertaking does not meet the complaint or it does not take any decision with regards to the complaint, it must sendthecaseto HERA withineightdays. HERA takes a decision with regards to the complaint within 30/60 days. HERA s decision is final. HERA s decision can be appealed by the energy undertaking or the consumer at the Administrative Court (within 30 days).

7 2. MOST FREQUENT CONSUMERS COMPLAINTS Consumer complaints about the work and decisions taken by an energy undertaking can be divided into three groups: Complaints about the work of the energy undertaking (quality and reliability of supply, quality of thermal energy and gas delivery, etc.); Other complaints about the work of energy undertakings (application of tariff system) Complaints about the work of the energy undertaking settlements of disputes out of HERA S jurisdiction (settlements of accounts of energy consumption, damages etc.)

8 2.1. CLAIMS AND OTHER CONSUMERS WRITTEN QUERIES Requests for consent for connection to another consumer s electric power facilities and installations and for usage of electricity via another consumer s metering point, Requests for giving consent to energy-related regulations, Requests for interpretation of energy-related and other regulations, etc. Initiating supervision of tariff systems and of the work of energy undertakings and sending information to HERA on detected irregularities in the work of an energy undertaking

9 2.2. HERA S PROCEDURE REGARDING CLAIMS AND OTHER CONSUMERS WRITTEN QUERIES Claims and other written queries are processed by HERA in accordance with its authorities arising from the Act on the Regulation of Energy Activities and in case where HERA does not have jurisdiction, the case is forwarded to a competent authority or instructions are given to consumers on the way to exercise their rights.

10 2.3. Structure of cases received by HERA in 2006 Cases by energy sectors Energy sector No. of cases Electricity sector 62 Natural gas sector 12 Thermal energy sector 27 Total 101 Case types from the electricity sector Case type No. of cases % Appeals/complaints Request for Agency s opinion 9 15 Request for Agency s consent 8 13 For the Agency s information 2 3 Report/questionnaire/providing data 1 2 Total Case groups of the consumers appeals and complaints from the electricity sector

11 2.4. WRITTEN QUERIES IN 2007 During 2007, HERA received a total of 141 queries, out of which - 93 were concerning electricity; - 29 were concerning thermal energy; - 19 were concerning gas. To date, there have been no lawsuits against HERA s decisions.

12 Thank you for your attention!