1. ERRA Workshop on Regulatory Monitoring of the Electricity Sector Almaty, Kazakhstan, January 31 – February 2, 2006 1 Policies for Information Disclosure and Confidentiality Issues in Republic of Macedonia Presented by: Marko Bislimoski, Energy Regulatory Commission of Macedonia

2. ERRA Workshop on Regulatory Monitoring of the Electricity Sector Almaty, Kazakhstan, January 31 – February 2, 2006 2 Q: Why disclosure of information? A: Because of the public Regulators must to provide as much information as possible because –Public always has a legitimate interest on information on the role and activities of the Regulators –The public must be assure that decisions of Regulators are always genuine

3. ERRA Workshop on Regulatory Monitoring of the Electricity Sector Almaty, Kazakhstan, January 31 – February 2, 2006 3 How to realize our contacts with public? 1. Public debates with participation of interested parties 2. Press releases 3. Press conferences 4. Website 5. Info desk 6. Publications 7. Annual report 8. Disclosure of borrowing-related information and documents 9. Civil Society Relations, including NGOs

4. ERRA Workshop on Regulatory Monitoring of the Electricity Sector Almaty, Kazakhstan, January 31 – February 2, 2006 4 Q: Why every information can not be disclosed? A: Because of “customers” of Regulators. The Regulator has to take into account its activities as regulatory body which require that it keeps to protect: - business interests of the companies - the integrity of internal decision-making process of Regulators

5. ERRA Workshop on Regulatory Monitoring of the Electricity Sector Almaty, Kazakhstan, January 31 – February 2, 2006 5 What is mean confidential information? There is no specific answer which will be entirely correct, but usually confidential information means trade secret, finance information, security information and other information which can bring into danger the position of the companies on the market.

6. ERRA Workshop on Regulatory Monitoring of the Electricity Sector Almaty, Kazakhstan, January 31 – February 2, 2006 6 How to determine whether information is confidential? Regulator has to proceed in compliance with European and national regulation which cover Information Disclosure and Confidentiality Issues, but always public on one side and regulated companies on other side have bigger and opposite requirements.

7. ERRA Workshop on Regulatory Monitoring of the Electricity Sector Almaty, Kazakhstan, January 31 – February 2, 2006 7 What is the role of Regulators? 1.Regulator has to balance between disclosing information whenever possible and its obligation to respect confidentiality in compliance with European and national regulations. 2. Regulator has to secure equal treatment. 3. Regulator has not to be allowed to breach a confidentiality, because that will seriously impact on the energy market and Regulator will lose the confidence from the market participants

8. ERRA Workshop on Regulatory Monitoring of the Electricity Sector Almaty, Kazakhstan, January 31 – February 2, 2006 8 Situation in Republic of Macedonia -Draft version of Law on access to information is in the phase of public debate - Although we still don’t have Law on access to information, Energy Regulatory Commission of Republic of Macedonia behave according to European regulations and that is the reason of good acceptance from the public and companies.

9. ERRA Workshop on Regulatory Monitoring of the Electricity Sector Almaty, Kazakhstan, January 31 – February 2, 2006 9 Procedure – Energy Regulatory Commission of the Republic of Macedonia Company can appoint in their application that all data's or some data’s from application are confidential. If these application is part of preparatory session, then all participants of preparatory session assign a statement for confidential.

10. ERRA Workshop on Regulatory Monitoring of the Electricity Sector Almaty, Kazakhstan, January 31 – February 2, 2006 10 Procedure – Energy Regulatory Commission of the Republic of Macedonia Rulebook on conditions, method and procedures for granting, modification and revocation of energy license (article 12 paragraph’s 3 and 4, article 24) article 12 paragraph’s 3 and 4 (3) The Applicant is obligate to determine the documents that are confidential. (4) If the Applicant has not determined the documents that are confidential, it would be assumed that the documents submitted during the procedure of issuing license are not confidential. article 24 The Regulatory Commission is liable within the period of time as defined in Article 23 of this Rule Book to make the application and the supporting documentation available in the premises of the Regulatory Commission for the reason of public insight into the documents except for the documentation being confidential.