Focus on Energy, 2010 - Karanovic & Nikolic

Focus on Energy, 2010 - Karanovic & Nikolic Focus on Energy, 2010 - Karanovic & Nikolic

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to implement the Directive on the Promotion of Electricity Produced from Renewable Energy Sources inthe Internal Electricity Market and the EU Directive on the Promotion of the Use of Biofuels or Other RenewableFuels for Transport 4 . This relates to the promotion of the production of biodiesel and other fuelsfrom RES in the traffic sector.While there is great interest by both Serbian and foreign investors in the exploitation of RES, at this point,except for the hydro-potential, the majority of which has been already used, in other sectors of renewableenergy, the number of constructed facilities for the production of renewable energy is extremely low.Capital invested for these purposes is insignificant and mostly local. The technical and technological levelof the equipment installed in the existing facilities falls below the standards applicable in the EU. Thelow level of investment in this sector of energy is due mostly to the inadequacy of the existing regulatoryframework, complicated administrative procedures, and the long absence of a system of subsidiesto promote investment in renewable energy. Other factors include the absence of licensed producers ofthe equipment needed for the production of renewable energy, and the absence of reliable informationabout the renewable energy capacities in certain locations, which prevent the inclusion of these locationsin urban and spatial plans.PARTICIPANTS IN THE ENERGY SECTORIntroduction24The principal pillars of the institutional framework in the energy sector are the Government and the Ministryfor Mining and Energy, the Energy Agency of Serbia (the “Energy Agency”) and the Serbian Agencyfor Energy Efficiency (the “Energy Efficiency Agency”).FOCUS ON ENERGYOn the local level, certain regulatory functions in the energy sector, primarily with respect to the decentralizeddistrict heating system are assigned to the local municipalities.The majority of the Serbian energy infrastructure is operated by the public enterprises established by theGovernment. This makes public energy enterprises an important factor to consider when examining theoperation and the regulation of the energy sector as a whole.Regulatory BodiesTHE GOVERNMENTThe Government performs the primarily policy-making functions in the energy sector. The Governmentprepares the proposal of the Energy Strategy, and gives its final approval to the Energy Program preparedby the Ministry of Mining and Energy.The Government supervises the energy pricing policy as it gives its approval to the prices of energy asestablished by the energy producers.As the founder of public enterprises in the energy sector, the Government has the final word in their management,and it gives its approval to any significant corporate changes and major investment decisions.THE MINISTRY OF MINING AND ENERGYThe MEM is in charge of the implementation of the energy policy as defined by the Government and theSerbian Parliament. It performs the various administrative, regulatory and supervisory functions in thesectors of energy and mining, electric energy, oil, gas, heating power and nuclear power.The MEM prepares the proposal of the Energy Program and the annual Energy Balance.Within its regulatory functions, the MEM prepares draft proposals of energy laws and issues regulationsfor the implementation of energy laws. The MEM is over the issuance of energy permits for the construc-4 Directive 2003/30/EC

tion of energy facilities. Through the Energy Inspectorate the MEM monitors compliance with the variousenergy laws and regulations by the participants in the energy sector. It also supervises the design, constructionand maintenance of the energy facilities as well as the quality of the energy supply available tothe consumers.THE ENERGY AGENCYThe Energy Agency is the main regulatory body in the energy sector. The Energy Agency decides, amongstother things, about the issuance and termination of the energy licenses, it establishes a tariff system forthe calculation of energy prices and monitors the application of these tariff systems by the participantsin the energy sector. It also approves on the rules of operation regarding the transmission, transportationand distribution network that are issued by the various system operators. Finally, it decides on appealsthat have been made against system operators where the system operators have denied a third partyaccess to the transmission, transportation and distribution networks.THE ENERGY EFFICIENCY AGENCYThe Energy Efficiency Agency was established in 2002 with the goal of promoting and enhancing energyefficiency in Serbia. The current status and operations of the Energy Efficiency Agency are regulated bythe 2004 Energy Law.The Energy Efficiency Agency operates as a primarily consultative body and does not have any regulatorypowers. The main duties of the Energy Efficiency Agency are to propose measures for the improvementof energy efficiency and to manage and coordinate programs for the rational consumption of energy andthe use of renewable energy resources.25The Energy Efficiency Agency is managed by a director appointed by the Government and it is answerableto the Government for its action.MINISTRY OF ENVIRONMENT AND SPATIAL PLANNING (“MESP”)The MESP decides about the issuance of permits necessary for the construction of energy facilities, includinglocation permits, construction permits and use permits.In addition, the MESP decides about the issuance of environmental permits which need to be obtained byinvestors in the energy sector. This includes the granting the approval of an environmental impact assessmentstudy and integrated environmental permits.FOCUS ON ENERGYTHE MINISTRY OF AGRICULTURE, FORESTRY AND WATER MANAGEMENT(“MAFWM”)MAFWM is in charge of the regulation and supervision of Serbian forests and waters, directly or throughpublic enterprises established by the Government to manage these resources. Such enterprises are thePublic Enterprise “Srbijašume”, established to manage and supervise the use of the national forests andthe Public Water-management Enterprise “Srbijavode” which is in charge of the management and theuse of national waters.LOCAL GOVERNMENTSLocal governments are responsible for the preparation of the “Program of Development of the EnergySector” in their respective territories in accordance with the Energy Strategy. They perform regulatoryfunctions with regard to their respective district heating systems.

to implement the Directive <strong>on</strong> the Promoti<strong>on</strong> of Electricity Produced from Renewable <strong>Energy</strong> Sources inthe Internal Electricity Market and the EU Directive <strong>on</strong> the Promoti<strong>on</strong> of the Use of Biofuels or Other RenewableFuels for Transport 4 . This relates to the promoti<strong>on</strong> of the producti<strong>on</strong> of biodiesel and other fuelsfrom RES in the traffic sector.While there is great interest by both Serbian and foreign investors in the exploitati<strong>on</strong> of RES, at this point,except for the hydro-potential, the majority of which has been already used, in other sectors of renewableenergy, the number of c<strong>on</strong>structed facilities for the producti<strong>on</strong> of renewable energy is extremely low.Capital invested for these purposes is insignificant and mostly local. The technical and technological levelof the equipment installed in the existing facilities falls below the standards applicable in the EU. Thelow level of investment in this sector of energy is due mostly to the inadequacy of the existing regulatoryframework, complicated administrative procedures, and the l<strong>on</strong>g absence of a system of subsidiesto promote investment in renewable energy. Other factors include the absence of licensed producers ofthe equipment needed for the producti<strong>on</strong> of renewable energy, and the absence of reliable informati<strong>on</strong>about the renewable energy capacities in certain locati<strong>on</strong>s, which prevent the inclusi<strong>on</strong> of these locati<strong>on</strong>sin urban and spatial plans.PARTICIPANTS IN THE ENERGY SECTORIntroducti<strong>on</strong>24The principal pillars of the instituti<strong>on</strong>al framework in the energy sector are the Government and the Ministryfor Mining and <strong>Energy</strong>, the <strong>Energy</strong> Agency of Serbia (the “<strong>Energy</strong> Agency”) and the Serbian Agencyfor <strong>Energy</strong> Efficiency (the “<strong>Energy</strong> Efficiency Agency”).FOCUS ON ENERGYOn the local level, certain regulatory functi<strong>on</strong>s in the energy sector, primarily with respect to the decentralizeddistrict heating system are assigned to the local municipalities.The majority of the Serbian energy infrastructure is operated by the public enterprises established by theGovernment. This makes public energy enterprises an important factor to c<strong>on</strong>sider when examining theoperati<strong>on</strong> and the regulati<strong>on</strong> of the energy sector as a whole.Regulatory BodiesTHE GOVERNMENTThe Government performs the primarily policy-making functi<strong>on</strong>s in the energy sector. The Governmentprepares the proposal of the <strong>Energy</strong> Strategy, and gives its final approval to the <strong>Energy</strong> Program preparedby the Ministry of Mining and <strong>Energy</strong>.The Government supervises the energy pricing policy as it gives its approval to the prices of energy asestablished by the energy producers.As the founder of public enterprises in the energy sector, the Government has the final word in their management,and it gives its approval to any significant corporate changes and major investment decisi<strong>on</strong>s.THE MINISTRY OF MINING AND ENERGYThe MEM is in charge of the implementati<strong>on</strong> of the energy policy as defined by the Government and theSerbian Parliament. It performs the various administrative, regulatory and supervisory functi<strong>on</strong>s in thesectors of energy and mining, electric energy, oil, gas, heating power and nuclear power.The MEM prepares the proposal of the <strong>Energy</strong> Program and the annual <strong>Energy</strong> Balance.Within its regulatory functi<strong>on</strong>s, the MEM prepares draft proposals of energy laws and issues regulati<strong>on</strong>sfor the implementati<strong>on</strong> of energy laws. The MEM is over the issuance of energy permits for the c<strong>on</strong>struc-4 Directive 2003/30/EC

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