The Energy Regulatory Authority (RAE), as the competent authority for the regulation and supervision of the energy markets, in particular with regard to the effectiveness of competition, price fixing and the emergence of distortions (Articles 22 - 23 of Law 4001/201111), as well as for the protection of consumers (Article 24 of Law 4001/2011), the monitoring of the implementation of the Electricity Supply Code / CPIE (Articles 46 and 138 of Law 4001/2011, as well as Article 4 of the CPIE), compliance with the principle of transparency (Article 49 of Law 4001/2011) and the compliance of Electricity Suppliers with their obligations (Article 13 of Law 4001/2011) draws the attention of consumers to the phenomena of recent misleading reports – advertisements of Electricity Suppliers, who falsely grant discounts on Supply Charges, artificially concealing the fact that these "discounts" are subsidies provided by the State through the Energy Transition Fund (TEM).

RAE - The amounts of the electricity subsidy

It is noted by RAE that the subsidy through the TEM is an exceptional measure adopted by the Greek State to mitigate the consequences of the energy crisis already from September 2021. In fact, according to the August 2022 , this subsidy will reach the particularly remarkable level of 337 €/MWh for all residential consumers. And this regardless of whether the meter corresponds to the main or secondary residence and regardless of the consumption limit. The same amount(337 €/MWh) has been set for the subsidy of the consumption of non-household Customers supplied under the Agricultural Tariff.

Furthermore, according to RAE, for non-household customers with a power supply capacity of up to 35 kVA and for bakeries regardless of power, the state subsidy will amount to 300 €/MWh. For other non-residential users, regardless of the voltage level, it will be 250 €/MWh. (see. See also the Commission's letter no. YPEN/YΠΡΓ/80122/7627/1.8.2022 letter of the Minister of Environment and Energy to the Suppliers). Therefore, this amount is granted to all consumers regardless of the Electricity Supplier with whom they contract.

whereas this subsidy of consumers' energy costs is financed from TEM resources, i.e. from state resources, and does not constitute a discount provided by the Suppliers, as part of their commercial policy, it should be self-evident that any reference, representation or inclusion of the amount of this state subsidy in the new invoices of the Suppliers must be clearly stated as coming from the State. Unfortunately, however, very recent advertising and communication tactics of Electricity Providers are characterized by ambiguity and inaccuracy. And this concerns the essential elements of what appears to be:

• 'reduction'
• 'discount', or
• "alternative discount" of the Commission Charge

because:

• hide the fact that it is granted horizontally and equally to all consumers regardless of the Supplier and
• on the contrary, they present it as a commercial prerogative of the supplier in question.

In this regard, it should be noted that such tactics are manifestly misleading, since they may create false impressions among consumers about the supplier's pricing policy.

Indeed, the concealment of the nature of the reduction – discount and / or its distorted or selective presentation erode the consumer's right to a free choice of supplier and supply product, after correct and transparent information. In addition, through such delaying tactics, some Suppliers may gain unfair advantages. The result is the disruption of healthy competition in the retail market. For the above reasons, these abusive practices are in flagrant breach of the existing framework.

It is noted that, recently, the State, aiming at transparency, the proper information of consumers about the state subsidy through TEM and their protection against misleading reports, as well as equal competition between Suppliers, provided specifically for the Visible labelling of that subsidy "on all consumption bills" and "in any information message of the Suppliers to their customers, electronic or printed" (see article 138 par. 4 paragraphs [d] and [e] of Law 4951/2022, as in force).

Following the above, RAE, taking into account the escalating aggressive communication policy of some Suppliers, which is based on the appearance of state subsidies as part of their commercial policy, the an immediate risk that this advertising tactic entails both for consumers and for healthy competition in the retail market, as well as the the urgent need to effectively prevent such abusive phenomena, warns that on Thursday, August 4, 2022, it will publish on its website the cases of Suppliers who engage in misleading reports regarding the subsidy through the TEM and, at the same time, will initiate the sanctions procedures under Article 36 of the Law. 4001/2011.