accordance with the <strong>Energy</strong> Law, the tariff system and the methodology for the establishment of tariffs.These are issued by the <strong>Energy</strong> Agency, with the approval of the Government.Qualified BuyersBy signing the <strong>Energy</strong> Community Treaty, Serbia assumed an obligati<strong>on</strong> to grant the status of qualifiedbuyer within the meaning of the European Community Directive C<strong>on</strong>cerning Comm<strong>on</strong> Rules for the InternalMarket of Electricity 3 and the European Community Directive C<strong>on</strong>cerning Comm<strong>on</strong> Rules for theInternal Market in Natural Gas 4 .In 2008, the <strong>Energy</strong> Agency adopted two resoluti<strong>on</strong>s establishing the minimum level of annual c<strong>on</strong>sumpti<strong>on</strong>of electricity and gas which qualifies the c<strong>on</strong>sumer for the status of a qualified buyer. According tothese resoluti<strong>on</strong>s, n<strong>on</strong>-household c<strong>on</strong>sumers may qualify for the status of a qualified buyer irrespectivelyof their annual c<strong>on</strong>sumpti<strong>on</strong> of electricity or gas, while the household c<strong>on</strong>sumers qualify for this status iftheir annual c<strong>on</strong>sumpti<strong>on</strong> exceeds, for electricity 200,000 kWh, and for natural gas - 50,000 m3.30The <strong>Energy</strong> Law provides that any buyer may obtain the status of a “qualified buyer” if, within the last 12m<strong>on</strong>ths, the total energy c<strong>on</strong>sumpti<strong>on</strong> of that buyer exceeded the defined annual energy threshold setby the <strong>Energy</strong> Agency.Given the very low prices of electricity and gas, no company or household in Serbia has had to apply forthe status of an eligible buyer.Renewable <strong>Energy</strong>FOCUS ON ENERGYThe promoti<strong>on</strong> and development of renewable energy is high <strong>on</strong> the list of priorities in the <strong>Energy</strong> Strategyand the <strong>Energy</strong> Program. In line with this, the <strong>Energy</strong> Law lays down the foundati<strong>on</strong>s of the regulatoryframework which stimulates investment in RES energy, including the rules governing the status ofa qualified producer of energy and the list of incentives which should be provided to qualified producersof energy.Investors eligible for the status of qualified producer include:1. Producers that use RES (RES: is defined by the Regulati<strong>on</strong> <strong>on</strong> the Terms and C<strong>on</strong>diti<strong>on</strong>s for the Statusof the Qualified Producer), or the fuel sources separated from communal waste (depot powerplants);2. Small electric power-plants – electric power plants with an installed power of up to 10 KW; and3. Combined power plants producing electric energy and heat, <strong>on</strong>ce they fulfil the c<strong>on</strong>diti<strong>on</strong>s relating toenergy efficiency.The procedure for acquiring the status of a qualified producer involves the filing of a request to the MEMincluding the submissi<strong>on</strong> of evidence of the fulfilment of the <strong>Energy</strong> Law requirements and the accompanyingregulati<strong>on</strong>s issued by the Government. The MEM is required to issue a ruling <strong>on</strong> a request within 30days of the filing of such a request.Under the <strong>Energy</strong> Law, qualified producers are entitled to various incentives aimed at the stimulati<strong>on</strong>3 EC Directive 2003/54/EC4 EC Directive 2003/55/EC
of investment in the RES, including special energy prices, tax incentives, customs incentives and other.Except for the general list of incentives which may be granted to the qualified producers, the <strong>Energy</strong> Lawdoes not provide any further provisi<strong>on</strong>s which would regulate in detail the incentive schemes for producersusing RES.Thus far, the <strong>on</strong>ly incentive provided to the qualified producers is the feed-in-tariff provided under thel<strong>on</strong>g-awaited Government Regulati<strong>on</strong> <strong>on</strong> the Incentives for Investment in the Producti<strong>on</strong> of <strong>Energy</strong> fromRenewable <strong>Energy</strong> Sources in Combined Heat and Power Plants (the “Incentives Regulati<strong>on</strong>”) 5 .Under the Incentives Regulati<strong>on</strong>, qualified producers of energy are entitled to c<strong>on</strong>clude a 12-year c<strong>on</strong>tractwith a supplier of electric power (i.e. EPS) for the sale of electricity under the fixed prices prescribed by theIncentives Regulati<strong>on</strong>. The Incentives Regulati<strong>on</strong> sets a scale of guaranteed prices for qualified producers,depending <strong>on</strong> the type and the installed power of the facilities for the producti<strong>on</strong> of energy from renewableenergy sources.The electricity supplier, <strong>on</strong> the other hand, is required to c<strong>on</strong>clude the c<strong>on</strong>tract with the qualified producer,at its request, within 30 days of the submissi<strong>on</strong> of such a request. Other terms of this c<strong>on</strong>tract are notdefined by the Incentives Regulati<strong>on</strong>. It seems that the Regulati<strong>on</strong> leaves these obligati<strong>on</strong>s to the electricitysupplier who should develop a model agreement for use when c<strong>on</strong>tracting with qualified producers(presumably to be used for each qualified producer) and then submit it to the MEM for its approval.On the other hand, the supplier is entitled to the compensati<strong>on</strong> for the costs purchasing the electricityfrom the qualified producer. These are calculated in accordance with the methodology established bythe Incentives Regulati<strong>on</strong>. An EPS is entitled to compensate these costs through the price of electricityto the tariff c<strong>on</strong>sumers. This essentially means that the final customers will eventually end up paying forthe subsidy.The regulatory framework for RES is by no means complete. Serbian energy laws and regulati<strong>on</strong>s c<strong>on</strong>tainno rules which would guarantee it priority over other n<strong>on</strong> RES producing qualified producers in relati<strong>on</strong>to access to the transmissi<strong>on</strong> system. Also, while the <strong>Energy</strong> Law provides for the general possibility thatqualified producers be granted incentives which would stimulate investment in this sector of energy (suchas tax incentives and other), except for the feed-in-tariff, relevant Serbian laws and regulati<strong>on</strong>s provideno other incentives for the producers using RES. In fact, it is not clear from the <strong>Energy</strong> Law who shouldprovide these incentives and when these incentives should be provides it is also unclear under what termsthey should be provided.31FOCUS ON ENERGYSubsidies available under current regulati<strong>on</strong>s are available <strong>on</strong>ly to producers of electric energy, but thereare no incentives for other sectors, such as for example, the producti<strong>on</strong> of bio-fuels, which is an obligati<strong>on</strong>which Serbia assumed through the <strong>Energy</strong> Treaty providing the obligati<strong>on</strong> of the signatory states to implementthe EU Directive <strong>on</strong> the Promoti<strong>on</strong> of the use of biofuels and other renewable fuels for transport.Serbian energy laws and regulati<strong>on</strong>s do not provide for a system of minimal mandatory quotas regardingthe participati<strong>on</strong> of RES in the total supply of energy by energy producers, nor is there an accompanyingsystem for the issuance of certificates of origin or the so called “Green Certificates”.Serbia has not yet established a system to identify locati<strong>on</strong>s for the producti<strong>on</strong> of energy from renewableenergy sources. Accordingly, such locati<strong>on</strong>s are not included in relevant spatial planning acts. There areno licensing systems for the producers of equipment relating to the producti<strong>on</strong> of energy from renewablesources. The incentives for investment in this area are limited <strong>on</strong>ly to the feed-in tariff provided by theIncentives Regulati<strong>on</strong>, but there are no incentives such as tax breaks under the <strong>Energy</strong> Law.5 The Incentives Regulati<strong>on</strong> came into force <strong>on</strong> 1 January, <strong>2010</strong> and will remain in force by 31 December, 2012.