Focus on Energy, 2010 - Karanovic & Nikolic

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

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SERBIAKOSOVOКосово/ KosovëPRISTINAINTRODUCTIONKosovo declared its independence from Serbia in february 2008. Although some countries recognised theRepublic of Kosovo as an independent country, from the point of view of the United Nations and a majorityof countries, Kosovo is still formally a part of Serbia.34Considering the excellent opportunities that are available across different business sectors, Kosovo isincreasingly becoming an attractive place to do business. As a result, interest from foreign investors hasbeen increasing steadily in recent years and this has resulted in an increase in foreign direct investment(“FDI”). According to the Kosovan Business Registry data for 2007, there are 2,012 companies of foreignand mixed ownership that have already invested in Kosovo.Kosovo joined the Multilateral Investment Guarantee Agency in 2009. It is expected that this will furtherencourage foreign investment and support “World Bank” initiatives in Kosovo.FOCUS ON ENERGYThe local economy is nevertheless hindered by Kosovo’s still-unresolved international status, which hastraditionally made it difficult to attract investment. The province’s economic weakness has produced athriving black market economy. The prevalence of official corruption and the pervasive influence of organizedcrime gangs continues to cause serious concern internationally.Kosovo has a reported foreign debt of 1,264 billion USD that is currently being serviced by Serbia.REGULATORY FRAMEWORKBasic Energy LegislationThe energy sector in Kosovo is governed by the following laws: (i) The Law on Energy; (ii) The Law on theEnergy Regulator; (iii) The Law on Electricity; (iv) The Law on Natural Gas; (v) The Law on Spatial Planning;and (vi) the Law on Mines and Minerals. The basic energy legislation was drafted in accordance with EuropeanUnion (“EU”) Directives and in compliance with the principles of the Athens Process for the creationof the Regional Energy Market 1The main bodies which create, regulate and supervise the energy sector in Kosovo are the Ministry of Energyand Mining of Kosovo (“MEMK”) and the Regulatory Energy Office of Kosovo (“REOK”).MEMKMEMK has a wide scope of functions and is the main creator of the long-term and short-term energypolicy in Kosovo, in close cooperation with the Kosovo government. MEMK is also charged with drafting1 Read more on the Athens Process in the “INTRODUCTION TO SOUTH EAST EUROPEAN REGIONAL ENERGY COMMUNITY TREATY”section

the regulations regarding the energy sector and energy policy in Kosovo. Furthermore, MEMK leads theco-operation and communication between the different players on the energy market and plays the mainrole regarding the integration of the market. In addition, MEMK manages and operates the foreign investmentsin the energy sector and drafts the state Energy Balance, promotes energy programs and investmentsin the renewable energy sector. In 2005, the MEMK passed the draft “Energy Strategy of Kosovo”.For more information on the MEMK, please refer to the section entitled “Important Key Players”.REOKREOK was established in June 2004 as an independent body which regulates the activities in the energysector in Kosovo (including electricity and gas) in accordance with the obligations arising from the EnergyCommunity Treaty. REOK is authorized to issue energy licenses. It also regulates energy tariffs and themethodology used for the determination of the energy cost of such energy tariffs. REOK also assists in theharmonization of the Kosovan energy legislation in accordance with acquis communautaire.Energy StrategyOn November 2002, UNMIK signed the Athens Memorandum. In December of 2003, UNMIK signed thesecond “Memorandum of Understanding”, including the establishment of the regional gas market andthe proposal for a common approach on environment. After the signing of these documents, the KosovanGovernment faced a huge challenge to develop the energy sector in order to comply with all commitmentsput forward for the establishment and operation of the Energy Community. At the same time itwas trying to exploit all of the opportunities that came out its involvement in the Regional Energy Marketsuch as renewable energy.35The Energy Strategy of Kosovo (the “Energy Strategy”) is the basic document that stipulates the energypolicy and the planning of the Kosovo market. The Energy Strategy has been prepared in accordance withESTAP I-II (World Bank 2002- 2005) 2 , as well as expert feedback from the EAR 3 and the RIINVEST institute4 . The Kosovo Energy Strategy is divided in two main chapters (i) short term strategy and (ii) long termstrategy. The short term strategy includes a planned strategy for the period of three years (until 2011),and the long term strategy plans the Kosovo energy market until 2015.Oil & GasThe oil and gas market is regulated by the Kosovo’s “Law on Natural Gas” and “Law on Trade with Oil andOil Derivates”. These laws stipulate the basic principles for the transfer, distribution, use and storage ofoil and gas in Kosovo.FOCUS ON ENERGYGASAll natural gas utilities in Kosovo related to the transmission or distribution network have as their commonaims the transmission, storage, distribution and the achievement of a continuous supply of naturalgas. The natural gas system in Kosovo is integrated to the natural gas systems of other countries in theregional market (but only if these systems are in compliance with the technical and security standards ofthe EU). The distribution of gas is considered to be a public service in accordance with the Kosovan regulationson oil and gas.The policy in the natural gas sector is created by the MEMK in coordination with the Kosovan Government,the REOK and the Kosovan Regulator’s Office (“KRO”). The established policy created by the MEMKis revised every three years.The KRO is a regulatory body that organizes the competitive natural gas market and is authorized to regulatecompanies that work with gas (i.e. safety measurements, the efficiency of the supply of gas, measure-2 The overall objective of ESTAP II/1 project is to prepare and submit a feasibility study report of the selected and recommended line and substationsof the Kosovo, Serbia and Montenegro energy sector.3 European Agency for Reconstruction4 Economic Research Institute RIINVEST, Pristina

the regulati<strong>on</strong>s regarding the energy sector and energy policy in Kosovo. Furthermore, MEMK leads theco-operati<strong>on</strong> and communicati<strong>on</strong> between the different players <strong>on</strong> the energy market and plays the mainrole regarding the integrati<strong>on</strong> of the market. In additi<strong>on</strong>, MEMK manages and operates the foreign investmentsin the energy sector and drafts the state <strong>Energy</strong> Balance, promotes energy programs and investmentsin the renewable energy sector. In 2005, the MEMK passed the draft “<strong>Energy</strong> Strategy of Kosovo”.For more informati<strong>on</strong> <strong>on</strong> the MEMK, please refer to the secti<strong>on</strong> entitled “Important Key Players”.REOKREOK was established in June 2004 as an independent body which regulates the activities in the energysector in Kosovo (including electricity and gas) in accordance with the obligati<strong>on</strong>s arising from the <strong>Energy</strong>Community Treaty. REOK is authorized to issue energy licenses. It also regulates energy tariffs and themethodology used for the determinati<strong>on</strong> of the energy cost of such energy tariffs. REOK also assists in theharm<strong>on</strong>izati<strong>on</strong> of the Kosovan energy legislati<strong>on</strong> in accordance with acquis communautaire.<strong>Energy</strong> StrategyOn November 2002, UNMIK signed the Athens Memorandum. In December of 2003, UNMIK signed thesec<strong>on</strong>d “Memorandum of Understanding”, including the establishment of the regi<strong>on</strong>al gas market andthe proposal for a comm<strong>on</strong> approach <strong>on</strong> envir<strong>on</strong>ment. After the signing of these documents, the KosovanGovernment faced a huge challenge to develop the energy sector in order to comply with all commitmentsput forward for the establishment and operati<strong>on</strong> of the <strong>Energy</strong> Community. At the same time itwas trying to exploit all of the opportunities that came out its involvement in the Regi<strong>on</strong>al <strong>Energy</strong> Marketsuch as renewable energy.35The <strong>Energy</strong> Strategy of Kosovo (the “<strong>Energy</strong> Strategy”) is the basic document that stipulates the energypolicy and the planning of the Kosovo market. The <strong>Energy</strong> Strategy has been prepared in accordance withESTAP I-II (World Bank 2002- 2005) 2 , as well as expert feedback from the EAR 3 and the RIINVEST institute4 . The Kosovo <strong>Energy</strong> Strategy is divided in two main chapters (i) short term strategy and (ii) l<strong>on</strong>g termstrategy. The short term strategy includes a planned strategy for the period of three years (until 2011),and the l<strong>on</strong>g term strategy plans the Kosovo energy market until 2015.Oil & GasThe oil and gas market is regulated by the Kosovo’s “Law <strong>on</strong> Natural Gas” and “Law <strong>on</strong> Trade with Oil andOil Derivates”. These laws stipulate the basic principles for the transfer, distributi<strong>on</strong>, use and storage ofoil and gas in Kosovo.FOCUS ON ENERGYGASAll natural gas utilities in Kosovo related to the transmissi<strong>on</strong> or distributi<strong>on</strong> network have as their comm<strong>on</strong>aims the transmissi<strong>on</strong>, storage, distributi<strong>on</strong> and the achievement of a c<strong>on</strong>tinuous supply of naturalgas. The natural gas system in Kosovo is integrated to the natural gas systems of other countries in theregi<strong>on</strong>al market (but <strong>on</strong>ly if these systems are in compliance with the technical and security standards ofthe EU). The distributi<strong>on</strong> of gas is c<strong>on</strong>sidered to be a public service in accordance with the Kosovan regulati<strong>on</strong>s<strong>on</strong> oil and gas.The policy in the natural gas sector is created by the MEMK in coordinati<strong>on</strong> with the Kosovan Government,the REOK and the Kosovan Regulator’s Office (“KRO”). The established policy created by the MEMKis revised every three years.The KRO is a regulatory body that organizes the competitive natural gas market and is authorized to regulatecompanies that work with gas (i.e. safety measurements, the efficiency of the supply of gas, measure-2 The overall objective of ESTAP II/1 project is to prepare and submit a feasibility study report of the selected and recommended line and substati<strong>on</strong>sof the Kosovo, Serbia and M<strong>on</strong>tenegro energy sector.3 European Agency for Rec<strong>on</strong>structi<strong>on</strong>4 Ec<strong>on</strong>omic Research Institute RIINVEST, Pristina

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