PROPOSAL OF NEW PROVISIONS AMENDING THE ELECTRICITY ENERGY MARKET ACT RELATING TO THE SHARING OF PHYISICAL PREMISES, IT EQUIPMENT AND IT SYSTEMS AS WELL AS THE USE OF SAME IT SERVICE PROVIDERS AND SUPPLIERS OF IT EQUIPMENT BETWEEN THE INDEPENDENT TRANSMIS

Abstract

Independent transmission operator represents one of three possible approaches to unbundling of the transmission system operator from the other parts of the vertically integrated undertaking. Croatian independent transmission operator is separated from the vertically integrated undertaking based on the independent transmission operator unbundling model. Considering the impending wider need to amend the Croatian legislative framework concerning the electrical energy market this paper critically examines certain problematic aspects of such unbundling process, for example, the regulation of shared use of IT systems (software), computer, network and security infrastructure (hardware) as well as services provided by the same consultants and external contractors. After analysis of existing European legal rules and national rules of comparable member states the paper provides concrete de lege ferenda suggestions for possible future regulation of the considered unbundling aspects.