Focus on Energy, 2010 - Karanovic & Nikolic

distribution system operator performing public supply activities and an electricity generation companywhich shall include lignite mining.UNMIK has transposed the requirements of the EC Directive 2003/55/EC 30 in the Kosovo law on gas 31which was promulgated on 12 November 2009. The transposition of EC Directive 2004/67/EC 32 and ECregulation 1775/2005 33 should be finalized in 2010 and will represent the legal framework for a transparent,non-discriminatory and competitive market environment and a sound basis for investments.The Kosovo law on environmental impact assessment 34 was adopted on 26 February 2009. This newlaw partially transposes EC Directive 1997/11/EC 35 and needs to be completed by secondary legislation.Drafts for such legislation are awaiting adoption. Full implementation is predicted by the end of 2010.With respect to competition law, the Kosovo law on competition 36 from 2004 still needs some improvementon substance, in particular with regard to the provisions concerning the abuse of dominant positions.The drafts of the Kosovon law on energy and law on electricity submitted to the Secretariat for commentsincluded the full transpositions of the EC Directive 2001/77/EC 37 . On the other hand, during 2009, there waslittle progress to be noted regarding the implementation of EC Directive 2003/30/EC 38 .The new energy strategy (2009–2018) was approved by the Kosovo government in November 2009. Thispaper provides that electricity generation investments have high priority and include projects for the constructionof the new lignite-fired TPP New Kosovo (in total – 1000 MW) planned for completion by 2016 andanother project concerning the exploitation of hydro capacities.13OVERVIEW OF ACQUISCOMMUNNAUTAIRE TO BE IMPLEMENTEDThe Acquis Communnautaire on EnergyEC Directive 2003/54/ECThis Directive sets out the rules for the internal market in electricity especially in terms of generation, transmission,distribution and supply of electricity. EU member states are obliged to implement appropriatemeasures to achieve social and economic cohesion, environmental protection and the security of supplywhich, inter alia, may include the provision of economic incentives. Criteria for granting authorization for theconstruction of new generating capacities is left to be further developed by each member state as describedin the Directive. Transmission system operators and the distribution system operator have to be unbundledso as to be independent in their legal form, organization and decision making. Member states have to ensurethat third party access to the transmission and distribution systems based on published tariffs is appliedobjectively and without discrimination between system users. This Directive further obliges member statesto establish a regulatory authority and allows them to apply safeguard measures in case of sudden crisis inenergy market.FOCUS ON ENERGYEC Directive 2003/55/ECThis EC Directive sets out the rules for the internal market in natural gas, transmission, distribution, supply andstorage of natural gas. The rules concerning an integrated market in natural gas are similar to the rules regulatingthe electricity market. Namely, in order to establish the internal market, the Directive lays down the rules30 Previously defined.31 The Law on Natural Gas No 03/-L-133, published in the „Official Gazette of Kosovo“ No. 22.32 Previously defined.33 Idem.34 A Law on Environmental Impact Assessment No 03/L-024, published in the „Official Gazette of Kosovo“ No. 50.35 Previously defined.36 The Law on Competition No 2004/36, published in the „Official Gazette of Kosovo“ No. 14.37 Previously defined.38 Idem.