Infrastructure

State of compliance

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.

 

  • 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 the Article 11(2), by 30 June 2018, national regulatory authorities cooperating in the framework of the Regulatory Board shall establish and make publicly available for comparable projects of the infrastructure categories included in Annex I(1) and (2).

    In order to assist the Contracting Parties, the Secretariat coordinated the data collection in order to prepare a set of indicators and corresponding reference values for the comparison of unit investment costs in the Energy Community. This is still work in progress.

  • 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 the Article 13(6), by 31 December 2017, each national regulatory authority should publish 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 from Bosnia and Herzegovina did not publish the methodology or the criteria and hence, it does not comply with the Article 13(6) of Regulation (EU) 347/2013 as adapted and adopted by the Ministerial Council.