Browsing Tag law

On 8 June 2018 National Assembly of Serbia has adopted amendments to the Corporate Act, with the main goal to improve the existing legal system and comply it with international standards and developments in this area.

Although some provisions have entered into force immediately, vast part of amendments will be effective from 1 October 2018. Continue Reading

On 16 March 2018, the Energy Community Secretariat (“EC”) sent a Reasoned Opinion to Bosnia and Herzegovina for its failure to comply with the provisions of the Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment (“EIA Directive”).

EC claims that the environmental impact assessment procedure for the  thermal power plant Ugljevik 3 in the Republika Srpska (part of BiH) is not complied with the relevant European acquis. Moreover, EC states that the permitting procedure failed to entirely map direct and indirect impacts of the projects, as well as its potential cross border impacts, as prescribed under the EIA Directive. Continue Reading

Background

Recently, there have been reports in the Serbian media that the leading Serbian petroleum company, NIS, a subsidiary of the Russian giant Gazprom Neft, is not paying the “eco-tax imposed by the environmental laws” for the production and import of lubricants. The reports further allege that due to this the Serbian budget was allegedly denied EUR 1,5 million annually, since the tax started to apply in 2010. The issue was reportedly addressed to the Ministry of Agriculture and Environmental Protection by other importers complaining of unequal treatment, as they all pay the taxes.

Representatives of the Ministry have stated that the laws should be applied equally to all commercial entities and, in case Ministry inspectors find that NIS failed to comply with the laws, court disputes may follow.

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With the recent establishment of the biomass e-stock market in Serbia, the question that raises back is: Is the biomass really the most underrated and unused resource for energy generation in Serbia and WB?

While the few existing energy producers claim that procedures and framework of biomass market in Serbia are not completely set yet, experts agree that the generation of energy from this source will be more and more interesting for investors, as the region is approaching EU membership.

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On 3 April 2017, the Energy Community (“EC”) published “WB6 Electricity Monitoring Report”. The aim of the report is to present the overall progress in creating the regional electricity market of Western Balkan countries. The report reveals that, although WB 6 countries are on the right track to meet the 2015 Vienna Summit targets for establishing a regional electricity market, individual progress of the observed countries is rather diverse and unbalanced.

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The recently adopted Rulebook on incentives for electricity generation from renewable energy sources and high efficiency cogeneration in 2017 in Montenegro has polarized the interested public. The rulebook increased tariff subsidies for electricity generated from renewable energy, for almost four times, causing diverse interpretations of authorities’ motives for its adoption.

The Montenegrin Ministry of Economy set the fixed tariff at 0.47 eurocents per kWh, which is a substantial increase compared to the previously applicable tariff of approx. 0.13 eurocents/kWh. The Ministry explained that the most significant “influence” of the increase was the development of the Krnovo wind park, which is expected to start operation later this year.

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More than four years upon signing of the Agreement on the Supply of Natural Gas from Russia to Serbia (“Agreement”), the Energy Community Secretariat (the main administrative body of the Energy Community) (“Secretariat”) has contested the Agreement, stating it is opposite to the Treaty establishing the Energy Community (“Treaty”).

The Agreement, signed on 13 October 2012 between the representatives of the two governments and later implemented by the national undertakings Gazprom Export and Yugorosgas, envisages the supply of up to a maximum of 5 bcm of natural gas annually from the Russian Federation to the Republic of Serbia, starting from 2012 until 2021.

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On 24 May 2016, Ministry of Agriculture and Environment (the “Ministry”) has announced public invitation for allocation of resources in environmental related projects in 2016, primarily intended for civil organizations sector.

Total value of allocated resources shall amount 20 million RSD, while the realization of each particular project may be subsidized with 900,000 RSD, i.e. 80% of the each project value.

The main thematic areas are: natural values protection, land and water protection, waste management, adaptation and mitigation of climate changes, implementation of the Aarhus Convention, promotion of green economy, etc.

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Rajic Law Office (“RLO”) has participated in preparation of The International Comparative Legal Guide to: Environment & Climate Change Law published by highly reputable Global Legal Group Ltd, London, UK (www.iclg.co.uk).

Article prepared by the RLO’s founder Jovan Rajic reviews regulatory framework and market practice concerning Environment & Climate Change area in Serbia.

Article can be found here.