Foreign Investors Council
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Comments on Set of Energy Laws

Comments on Set of Energy Laws

On February 9, FIC provided comments on draft laws on energy, renewable energy and mining and geological research.

Main proposal regarding the Draft Amendments to the Energy Law is to clearly define the by-law that would more closely regulate the relations regulated by the Law. Four more specific comments were also provided.

When it comes to the Draft Amendments of the Law on Mining and Geological Research, focus was on the changes that are planned to be introduced in the concession granting regime for exploitation of strategic mineral resources. FIC view is that the envisaged changes might create a collision with the obligations of Serbia towards the foreign investors in the sector, and international obligations Serbia took through contracts. Several comments concern the inconsistency between Law on Mining and the regulations of the inscription of rights on the objects. FIC also drew attention to the impossibility to resolve property relations on public agricultural land in view of realization of mining projects or works. In addition, FIC provided a separate list of members’ comments.

FIC welcomed the new Draft Renewable Energy Law as a piece of legislation that would provide a solid base for expanding the use of renewables and creation of the market-oriented system. General proposals for its improvement include: to consider the possibility to enable the producers to offer a fragment of their production or capacities on the auctions; to prevent monopolization of auctions; to consider introducing in the Law the area of corporate power purchase agreement; and to find solution to ensure the liquidity of the authorized contracting party. FIC also requested to be included in commenting on the draft by-laws. The PP contains 33 concrete proposals.

Position Papers can be downloaded here:

PP on Draft Amendments to the Energy Law

PP on Draft Amendments of the Law on Mining and Geological Research

PP on Draft Renewable Energy Law