Focus on Energy, 2010 - Karanovic & Nikolic

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

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36FOCUS ON ENERGYments with respect to the environmental protection, consumer protection, competition of the market,etc.). The KRO is obliged to pass an annual report on its work to the Kosovo Government.The construction of a new generating capacity, new gas transmission and distribution networks and directpipelines for the transit of gas in Kosovo may be obtained through two separate procedures. There is anauthorizing procedure and a tender procedure. The authorizing procedure is basically obtained if the interestedsubject meets the below listed criteria for the issuance of a license. The tender procedure only takesplace if the authorizing procedure has failed.Licenses for the transfer, accumulation, supply, trade, and cross border transit of gas may be obtained byan energy company that holds a license issued by the REOK. The two required licenses can be obtained followingan 80 day procedure which results in the granting of one license for the whole territory of Kosovofor the transmission network operator of gas; and a second license for a distribution network operator ofnatural gas covering each distinct territory in Kosovo.The energy company must meet certain general criteria in order to obtain such licenses. It must:1. Possess a sufficient level of technical and financial capabilities; have sufficient material and humanresources and it must have the requisite organizational structure for meeting the regulatory requirementsunder the license;2. Hold property rights over (or a legal right to use) the energy facilities needed to perform the activity;3. Provide evidence that the energy facilities meet the requisite safety and environmental protectionrequirements;

4. Not be insolvent or in a process of liquidation or bankruptcy; and5. Not have had a license for the same activity withdrawn from it within five years of the date that theapplication is submitted.An energy company that holds a gas transmission network license may not obtain a license for the generation,distribution, supply or trade of gas. Also, an energy enterprise holding a distribution networkoperator of gas license may not obtain a license for any other activity in gas that is subject to licensing.The license is not required for the accumulation of natural gas up to the amount of 10,000 m3.The Government of Kosovo selects and designates legal persons as candidates for the operating of thetransmission and storage systems. In order to be eligible, candidates must apply to the KRO for a licensewithin 60 days from the day of their selection by the Kosovan Government as a suitable candidate.OILIn order to engage in the transport, storage, or sale of oil and/or oil products, (within a wholesale or retailcapacity for commercial purposes in Kosovo), a prior license must be obtained from the Council for Oiland Oil Products that operates within the MEMK (the “Kosovo Oil Council”).The Kosovo Oil Council grants the following licenses:motor oil, anti-freeze and brake fluid).37Kosovan legislation stipulates the general rule that there shall be no limitation on the number of licensesthat may be issued by the Kosovo Oil Council. All licenses are passed for a period of two years.The Kosovo Oil Council also recommends standards for petrol and diesel fuel quality in order to reducevehicle emissions deemed harmful to the environment and to ensure that Kosovo does not become anattractive market for the marketing of low specification fuels.MEMK’S ROLE IN THE OIL SECTORAs a general rule, the MEMK supervises, and is responsible for ensuring the regulation, safety and the qualityof supply of oil and oil products. The relationship between the holder of a license and the MEMK, forthe purpose of strategic reserves is regulated through a contractual agreement. The Government of Kosovocan recommend alternative means to establish a strategic reserve of oil. Currently, licensees holdinga general oil license or an oil storage license are authorized to retain and earmark five percent (5%) of theirstorage capacity as a strategic reserve until the establishment of Kosovan material reserves.FOCUS ON ENERGYRenewable EnergyAs stipulated by the law, MEMK establishes annual targets for the consumption of electricity or heat thathas been specifically generated from renewable energy resources or through the co-generation. Theseindicative targets will be set as a percentage of the entire energy consumption in Kosovo for the followingten years.As further stipulated, the indicative targets shall be accompanied by a report that outlines the measurestaken or that are being planned in order to achieve these indicative targets. Such reports shall take intoaccount the following:

4. Not be insolvent or in a process of liquidati<strong>on</strong> or bankruptcy; and5. Not have had a license for the same activity withdrawn from it within five years of the date that theapplicati<strong>on</strong> is submitted.An energy company that holds a gas transmissi<strong>on</strong> network license may not obtain a license for the generati<strong>on</strong>,distributi<strong>on</strong>, supply or trade of gas. Also, an energy enterprise holding a distributi<strong>on</strong> networkoperator of gas license may not obtain a license for any other activity in gas that is subject to licensing.The license is not required for the accumulati<strong>on</strong> of natural gas up to the amount of 10,000 m3.The Government of Kosovo selects and designates legal pers<strong>on</strong>s as candidates for the operating of thetransmissi<strong>on</strong> and storage systems. In order to be eligible, candidates must apply to the KRO for a licensewithin 60 days from the day of their selecti<strong>on</strong> by the Kosovan Government as a suitable candidate.OILIn order to engage in the transport, storage, or sale of oil and/or oil products, (within a wholesale or retailcapacity for commercial purposes in Kosovo), a prior license must be obtained from the Council for Oiland Oil Products that operates within the MEMK (the “Kosovo Oil Council”).The Kosovo Oil Council grants the following licenses:motor oil, anti-freeze and brake fluid).37Kosovan legislati<strong>on</strong> stipulates the general rule that there shall be no limitati<strong>on</strong> <strong>on</strong> the number of licensesthat may be issued by the Kosovo Oil Council. All licenses are passed for a period of two years.The Kosovo Oil Council also recommends standards for petrol and diesel fuel quality in order to reducevehicle emissi<strong>on</strong>s deemed harmful to the envir<strong>on</strong>ment and to ensure that Kosovo does not become anattractive market for the marketing of low specificati<strong>on</strong> fuels.MEMK’S ROLE IN THE OIL SECTORAs a general rule, the MEMK supervises, and is resp<strong>on</strong>sible for ensuring the regulati<strong>on</strong>, safety and the qualityof supply of oil and oil products. The relati<strong>on</strong>ship between the holder of a license and the MEMK, forthe purpose of strategic reserves is regulated through a c<strong>on</strong>tractual agreement. The Government of Kosovocan recommend alternative means to establish a strategic reserve of oil. Currently, licensees holdinga general oil license or an oil storage license are authorized to retain and earmark five percent (5%) of theirstorage capacity as a strategic reserve until the establishment of Kosovan material reserves.FOCUS ON ENERGYRenewable <strong>Energy</strong>As stipulated by the law, MEMK establishes annual targets for the c<strong>on</strong>sumpti<strong>on</strong> of electricity or heat thathas been specifically generated from renewable energy resources or through the co-generati<strong>on</strong>. Theseindicative targets will be set as a percentage of the entire energy c<strong>on</strong>sumpti<strong>on</strong> in Kosovo for the followingten years.As further stipulated, the indicative targets shall be accompanied by a report that outlines the measurestaken or that are being planned in order to achieve these indicative targets. Such reports shall take intoaccount the following:

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