Professional Documents
Culture Documents
Essay Energy of B&HAidaa Final PDF
Essay Energy of B&HAidaa Final PDF
January, 2009
Research paper:
Professor:
Prof. Vjekoslav Domjan
Assistant:
Samira Nuhanovi Student:
Aida Buljubai
Aida Buljubasic,
Sarajevo School of Science and Technology 1
Economic Development and Transition
Abstract
The aim of this paper was to research and describe the current situation and
position of the Energy Sector in Bosnia and Herzegovina, on its way to EU
integrations and the transition process. Through a brief account of the history
since Bosnia and Herzegovinas independence and till todays constitutional
structure, this paper seeks to give a clear picture of the current position. Even
though the Energy Sector in Bosnia and Herzegovina is on a very high level of
complexity, this paper concludes with recommendations of possible solutions.
Aida Buljubasic,
Sarajevo School of Science and Technology 2
Economic Development and Transition
Introduction
Since the collapse of the former Yugoslavia in 1992, the countries of Western
Balkans, especially Bosnia and Herzegovina (BiH), have experienced massive
economic and political changes. Current constitutional structure is set up of two
state-like entities, the Federation of BiH (Federation), and the Republika Srpska
(RS), and District Brcko. This means that BiH is highly decentralized; the
Federation is further decentralized consisting of ten cantons.
One of the main problems facing the energy sector in BiH today includes an
unclear authority over energy issues, the absence of a long-term energy strategy
on the state level, and the absence of energy statistics and laws. Based on
available data, production and consumption of energy and the condition of
energy infrastructure have not yet reached the pre-war level. With the existing
level of energy intensity, more than 20 percent of the national GDP is spent on
energy, a clear indicator that significantly more attention has to be paid to energy
efficiency.
The main issue of BiH is the lack of legal and political basis and the will for
efficient decision-making and for delegation of responsibilities for energy and
energy efficiency to different levels of government. At the same time by signing the
Aida Buljubasic,
Sarajevo School of Science and Technology 3
Economic Development and Transition
SAA there is no doubt that BiH will adjust its legal framework to the EU
standards and regulations.
An Energy Policy for Europe The policy that BiH wants to be a part
of
The communication from the European Commission and the Council to the
European Parliament of 10 January 2007 (An Energy Policy for Europe) is a
proposal for measures with the view of:
The main requisites of the action plan, announced in the frame of three years, are
the creation of a common internal energy market in the EU and the resulting
energy efficiency. In September 2007 the European Commission published the
proposal of the third set of energy legislation which will enable the member states
to create even more competitive energy markets. At the time, the third
liberalization package is in the stage of discussion.
There is no doubt that when the package is adopted, parallel to the process
accession to the EU, BIH will adjust its legal framework to the announced
amendments to directives and regulations in a foreseeable future.
The Energy Charter Treaty, which Bosnia and Herzegovina signed in 1995 and
ratified in 2000 (by Decision on ratifying the Energy Charter Treaty, Official
Aida Buljubasic,
Sarajevo School of Science and Technology 4
Economic Development and Transition
the Energy Community (Decision on ratifying the Treaty Establishing the Energy
Community (Official Gazette BiH - International agreements 9/06).
By signing the Treaty, the European Union and nine partners in Southeast
Europe Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Macedonia,
Montenegro, Romania, Serbia and UNMIK (Kosovo), created a unified legislation
framework for organization of common energy market in the region. In this way a
single market in electricity and gas covering 33 European countries will be
established.
Aida Buljubasic,
Sarajevo School of Science and Technology 6
Economic Development and Transition
The Treaty Establishing the Energy Community entered into force on 1 July
2006. The task of the Energy Community is to organize the relations between the
contracting parties and to set the rules and economic framework for network
energies (electricity and gas), which include activities in implementation of the
EU legislation on energy and environment, competition and renewable energy
sources, putting in place a specific regulatory framework enabling efficient
functioning of the network energy market and creation of network energy market
without internal borders.
Given the fact that international agreements are, by their legal effect, part of the
legal system of BIH and above the domestic laws, identified and analyzed
obligations resulting from the Treaty. The states that signed the Treaty, Bosnia
and Herzegovina included, took the obligation to adopt and implement the EU
legislation.
The contracting parties obliged themselves to implement the process which is set
to facilitate the creation of compatible domestic energy markets, developing
interconnections between systems and markets and opening of new possibilities
in energy trading, stepping up environmental protection in accordance with
standards equal for all states, promoting renewable energy sources development,
removal of barriers to free market competition and mutual assistance in the event
of disturbances in energy supply.
Aida Buljubasic,
Sarajevo School of Science and Technology 7
Economic Development and Transition
The Treaty determines the legal acts of the EU, whose provisions should be
implemented in the national legislation and relevant mandatory deadlines (in the
timeframe from the entry into force until 31 December 2017).
The deadline for implementation of these directives and regulations was 1 July
2007. It was a deadline for ensuring the assumptions that all customers except
households have eligible customer status not later than 1 January 2008, and
starting from 1 January 2015 this status will be acquired by all customers.
A significant part of assumed acquis communautaire refers to the protection of
market competition.
basis of criteria resulting from the Treaty Establishing the Energy Community.
This obligation could lead to significant changes in the practices present in the
electric power sector of BIH today.
The Ministry of Foreign Trade and Economic Relations of BiH is responsible for
fulfilling the obligations undertaken by signing the Treaty Establishing the
Energy Community on behalf of BiH. The Ministry efficiently cooperates with the
bodies of the Energy Community.
The Secretariat of the Energy Community identified the present situation and
measures necessary for harmonization and implementation of the BiH legislation
in line with the EU regulations relevant for establishing appropriate structure
and functioning of the electricity market and natural gas market in BiH. Among
the documents brought by the Secretariat of the Energy Community attention
should be drawn to the Action Plan for the power sector of BiH, which identifies
responsible institutions and timetable for activities to be undertaken in order to
meet the obligations assumed by signing the Treaty Establishing the Energy
Community.
Aida Buljubasic,
Sarajevo School of Science and Technology 9
Economic Development and Transition
During 2002 the following laws were adopted: Law on Transmission of Electric
Power, Regulator and System Operator of Bosnia and Herzegovina (Official
Gazette BiH 7/02, 13/03), Law on Electricity FBiH (Official Gazette FBiH 41/02,
24/05, 38/05), Law on Electricity in RS (Official Gazette RS 61/02, 66/02,
29/03, 86/03, 111/04, 60/07) and in 2004 Law Establishing the Company for the
Transmission of Electric Power in Bosnia and Herzegovina (Official Gazette BiH
35/04) and Law Establishing Independent System Operator for the Transmission
System of Bosnia and Herzegovina (Official Gazette BiH 35/04).
In 2003 and 2005 Action Plan of the Republic of Srpska for restructuring and
privatization of power sector in Bosnia and Herzegovina (Official Gazette RS
69/03) and the Action Plan of Federation of Bosnia and Herzegovina were
adopted.
The state or entity regulators and Electricity Companies, bound by these laws,
adopted or are about to adopt a large number of regulations from their respective
competences (third party access, licensing, tariffs, consumer protection,
dynamics of market opening, and eligible customer status, grid code, market
rules, metering rules, etc.)
Aida Buljubasic,
Sarajevo School of Science and Technology 12
Economic Development and Transition
CONCLUSION
With adoption of the Market Rules, Grid Code and Rules on third party, access to
transmission system in 2006, a basic regulatory framework for electricity market
functioning, was completed.
For final definition of regulatory framework in BiH, based on free and regulated
network access and free market in accordance with the EU Directives, it is
necessary to prepare, adopt and implement additional legal acts.
Aida Buljubasic,
Sarajevo School of Science and Technology 14
Economic Development and Transition
References:
Aida Buljubasic,
Sarajevo School of Science and Technology 15
Economic Development and Transition
28. Directive concerning common rules for the internal market in electricity and repealing of Directive
96/02 EC 6
29. Directive 2005/89/EC concerning measures to safeguard security of electricity supply and
infrastructure investments 9
30. Electricity Transition Strategy, Energy Community Secretariat, 2006.
31. Communication of the Commission and of the Council to the European Parliament of 10 January
2007 (Review of measures for new energy policy)
32. Regulation 1228/2003/EC of the European Parliament and of the Council on conditions for access
to the network for cross-border exchanges in electricity
33. Regulation 1228/2003/EC on conditions for access to the network for cross border exchanges in
electricity
34. Congestion Management Guidelines Proposal for the SEE electricity market design in the long
term, CEER 2007.
35. SEC(2007) 1430, Commission staff working document Bosnia and Herzegovina 2007 Progress
Report accompanying the communication from the Commission to the European Parliament and
the Council enlargement strategy and main challenges 2007-2008, com(2007) 663 final
36. Security of Supply Statement for BiH 2007-2010, MOFTER, 2007.
37. SEE Electricity Market Options Paper, Energy Community Secretariat, 2006.
38. South East Europe Regional Energy Market Support, (SEE REMS) Project Tariffs Benchmarking,
Ref: C06-SEE-15-04, 11 May 2006.
39. Benchmarking and Compliance Reports, Energy Community Secretariat, 2006/2007
40. Report on Activities of the State Electricity Regulatory Commission in 2007
41. Report on Activities of the Regulatory Commission for Energy in 2006
Aida Buljubasic,
Sarajevo School of Science and Technology 16