State of Compliance
Kosovo* has transposed the competition acquis via its Law on Protection of Competition of 2010, amended in 2014. Currently, amendments to the Law are under discussion, aiming at further alignment of the Law with EU competition law (in particular the definition of an undertaking, control, relevant market, dominant position, abuse, exemption under Article 101(3) TFEU, powers of the Kosovo Competition Authority (KCA), de minimis, cooperation with courts and damages).
KCA has so far not rendered any decision regarding infringements of competition law in the energy sectors. However, during the reporting period it started an investigation on the fuels market against fifteen companies in view of potential anti-competitive practices. The procedure is ongoing.
There has not been any follow-up regarding last year’s assessment of monopolies in the energy sector. However, KCA started a sector inquiry of the energy markets in June 2019. The results and any follow-up will be closely monitored.
The KCA does not cooperate with the Secretariat and other national competition authorities in the framework of the Energy Community Competition Network.
State Aid Law
State Aid Law
The new Law on State Aid, which entered into force on 17 January 2017, transposes the State aid acquis. In the reporting period, Guidelines on State aid and the Regulation (GoK) No.19/2018 on Procedures and Forms of State Aid Notification were adopted.
As required by the Law on State Aid, the State Aid Department (SAD) under the Ministry of Finance has been set up. Due to the integration of SAD into the ministry, its independence is questionable. Furthermore, SAD still has no sufficient human and technical resources to actively enforce the State aid acquis. Members of the State Aid Commission (SAC) were appointed following a long delay in March 2018, but the body has not rendered any decisions so far. Therefore, Kosovo* lacks effective enforcement of the State aid acquis. This issue is subject of a dispute settlement case opened in 2011. More specifically, the project Kosovo e Re has not been scrutinized and cleared by SAC, which is the subject of a complaint submitted to the Secretariat.
There have still been no enforcement activities in the energy sectors since the first Law on State Aid first entered into force in 2014. There is also no commitment to the Energy Community State Aid Network. It follows that Kosovo* is still not complying with the obligations stemming from the Energy Community Treaty regarding the effective enforcement of the State aid acquis.