In the Official Gazette of the Republic of Serbia No. 62/2023, on July 27, 2023, the Law on Amendments to the Energy law (hereinafter referred to as “the Law“) was published.
The law enters into force on the eighth day after its publication, but the start of its application has been postponed until 1 November 2023.
The new amendments to the Law envisage the creation of the Republic Commission for Energy Networks (“Commission“), as an independent and autonomous body of the Republic of Serbia, which is responsible for the control of electricity transmission system operators and natural gas transport system operators founded by the Republic of Serbia.
In this way, it will be possible to prove that the control over the operator of the transmission system and the companies that perform the activity of production, distribution and supply of electricity, i.e, natural gas, whose founder is the Republic of Serbia, is not performed by the same entity.
The President and four members of the Commission will be elected by the National Assembly, on the proposal of the Energy Committee. Among other things, the Commission will appoint and dismiss the representative of Serbia in the assemblies of the transmission system operators, propose to the National Assembly a strategy for the development and management of the operators, give consent to all the most important acts of the operators, listed in more detail in article 64b, item 8 of the Energy law.
The obligation of operators to harmonize their general acts with this Law and the founding act within 90 days from the day of the Commission’s work is also foreseen.
These amendments do not significantly change the solutions from the previously valid law, but only specify the existing norms, with the specific goal of harmonizing the legal regulations with the European Union, and thus create conditions for the certification of transport system operators.
With the application of this Law, AD “Elektromreža Srbije” and “Transportgas Srbija” DOO will be able to formally obtain licenses as operators of the transmission system.
At the same time, on the day of the beginning of the implementation of this Law, the provisions of the Law on Ministries in the part related to the determination of strategic goals, improvement of work and operations, supervision and preparation of proposals for the appointment and dismissal of management bodies and representatives of capital in companies and other forms of organizations for performing activities with state capital, for companies that perform the activity of electricity transmission, i.e. transport and management of the natural gas transport system, as well as the provisions of the Law on Public Enterprises that refer to the operators.
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