Focus on Energy, 2010 - Karanovic & Nikolic

energy sector in Macedonia. One is with regard to the construction of a nuclear power plant; the other iswithout the construction of such a plant. The document envisages the modernization and revitalizationof the existing hydro and thermo energy infrastructure. It envisages the full use of both the hydro electricpotential as well as the full utilization of the states lignite or brown coal resources. The developmentof natural gas and RES are also emphasised. The Draft Strategy also envisages for energy market to beliberalized and to operate based on market prices.MontenegroIn 2009 Montenegro initiated the process of upgrading its energy legislation by drafting the new energylaw in tight cooperation with experts from the Secretariat. In general, the draft energy law presentssubstantial improvement and provides for the transposition of the core requirements of the energy acquiscommunnautaire. In July 2009, the Montenegrin transmission service operator 13 unbundled from“Elektoprivreda Crne Gore a.d.” and accordingly making the first step toward a competitive market. Inaddition, 17% of the state owned stake in “Elektoprivreda Crne Gore a.d.” was sold to an Italian basedcompany “A2A S.p.A”. Additional efforts have to be made in the areas of transmission and distributiontariffs because users do not have transparent tariffs yet.Although the gas market is underdeveloped, the gas sector has been integrated into the draft energylaw. The provisions of the EC Directive 2003/55/EC 14 and most of the provisions of the EC regulation1775/2005/EC 15 and partially EC Directive 2004/67/EC 16 have been transposed into the draft energy law.Secondary legislation shall be developed parallel to gas projects which may be realized in the future.Montenegrin environmental legislation is in general compliant with EC Directive 1997/11/EC 17 but furtherwork has to be done in respect of the environmental acquis communnautaire.11A new competition law is currently being drafted and is expected to be adopted in the course of this year.This law should remove the current shortcomings of the current Montenegrin law on the protection ofcompetition 18 , especially with regard to shortcomings surrounding the independence of the competitionauthority, the various competition procedures available to the commission and the issuing of fines foranti competitive actions.The revision of the domestic energy law also deals with biofuels and transposes other relevant provisionsof the EC Directive on the promotion of the use of biofuels or other renewable fuels for transport 19as well as the EC Directive 2001/77/EC 20 . It is important to note that the Montenegrin government hasinitiated the tender process for investment in wind and small hydro power plants.The “Energy Development Strategy of Montenegro” 21 , among other things, sets out the main strategiccommitments such as the improvement of energy efficiency in the areas of production and consumption,improvements to the security of supply along with the development and use of renewable energyresources. The development of hydro electric power and a reduction in the state’s energy dependencyare also emphasised.FOCUS ON ENERGYSerbiaThe draft amendments to the Serbian energy law 22 were submitted to the Secretariat for their commentsat the end of October 2009. These comments should help increase compliance related to transpositionof the electricity, gas, RES and security of supply related acquis communnautaire.It is expected that amendments to the Serbian energy law shall provide the framework for the real13 „Prenos a.d.“, Podgorica.14 Previously defined.15 Idem.16 Idem.17 Idem.18 The Law on Protection of Competition (“Official Gazette of the Montenegro” Nos. 69/2005 and 37/2007).19 2003/30/EC of 8 May 2003.20 Previously defined.21 The Energy Development Strategy of Montenegro dated December 2007, prepared by Montenegrin Ministry of Economy.22 The Law on Energy (“Official Gazette of the Republic of Serbia” No. 84/2004).