Infrastructure

State of compliance

As Bosnia and Herzegovina did not transpose , as adapted and adopted by the Ministerial Council, it is not compliant with the provisions of the Regulation for which the deadlines have already expired. The Contracting Party therefore breaches the Energy Community infrastructure acquis. For this reason, on 22 June 2018, the Secretariat submitted a to the Ministerial Council against Bosnia and Herzegovina.

As Bosnia and Herzegovina did not transpose Regulation (EU) 347/2013, as adapted and adopted by the Ministerial Council, it is not compliant with the provisions of the Regulation for which the deadlines have already expired. The Contracting Party therefore breaches the Energy Community infrastructure acquis. For this reason, on 22 June 2018, the Secretariat submitted a Reasoned Request to the Ministerial Council against Bosnia and Herzegovina, and consequently Bosnia and Herzegovina was infringed for the non-transposition of Regulation (EU) 347/2013 (Case ECS 03/18).
 

  • National Competent Authority

    National Competent Authority

    An analysis performed by the Ministry of Foreign Trade and Economic Relations indicated that the optimal solution for Bosnia and Herzegovina is to designate one state-level competent authority, one competent authority for each entity and one for the Brcko District. Neither authority is designated to date.

  • Manual of procedures

    Manual of procedures

    Bosnia and Herzegovina’s Law on Concessions requires an assessment of whether a general (public) interest exists and defines it as the responsibility of a competent state ministry, to which a bidder submits its proposal for a concession, for which there was no public invitation (unsolicited proposal). However, the Law on Concessions does not identify the authorized body or institution tasked to designate such a status, nor does it prescribe the procedure for doing so. In addition, the legal framework at state-level does not define how public interest is to be harmonized or coordinated at the level of the entities. The procedure for determining whether public interest exists is defined by the laws of the two entities and the Brcko District, e.g. laws on spatial planning, construction and expropriation. Nevertheless, a manual of procedures as defined by Regulation (EU) 347/2013 as adapted and adopted by Decision 2015/09/MC-EnC, was not published to date, neither by the entities nor state-level authorities.

  • Set of indicators and corresponding reference values

    Set of indicators and corresponding reference values

    According to Article 11.2, Energy Community Contracting Parties’ national regulatory authorities cooperating in the framework of the Regulatory Board (ECRB) shall by 30 June 2018 establish and make publicly available a set of indicators and corresponding reference values for the comparison of unit investment costs for comparable projects of the infrastructure categories included in Annexes1 and 2 of Regulation (EU) 347/2013.

    In order to assist the Contracting Parties, the Secretariat coordinated the data collection and prepared a report containing a set of indicators and corresponding reference values for the comparison of unit investment costs in the Energy Community. The national regulatory authority did not publish the available set of indicators and corresponding reference values as requested by Regulation (EU) 347/2013 yet.

  • Methodology and the criteria used to evaluate investment with the higher risks

    Methodology and the criteria used to evaluate investment with the higher risks

    According to Article 13.6, each national regulatory authority should publish by 31 December 2017 its methodology and the criteria used to evaluate investments in electricity and gas infrastructure projects and the higher risks incurred by them.

    To date, the national regulatory agency of Bosnia and Herzegovina did not publish the methodology or the criteria and, hence, the country does not comply with Regulation (EU) 347/2013 in this respect.