Chapter 15: transposition of the Regulation on risk-preparedness in the electricity sector

As part of another project activity in the area of Negotiating Chapter 15 (Energy), drafts of amendments to the Law on Energy and of a by-law regulating the prevention of the electricity crisis were prepared.

The country progress report of the European Commission for Serbia states that in Cluster 4 Serbia has achieved limited progress, with the exception of energy and climate, in which Serbia increased the level of compliance with the Union acquis. In Chapter 15, Serbia has achieved good progress. New legal regulations were adopted in the field of energy, Serbia submitted action plans on oil stocks and for the separation of activities in the gas sector. It has also transposed Directive 2005/89/EC concerning measures to safeguard the security of the electricity supply and infrastructure investment by the Energy Law.

The Directive establishes the necessary measures that the Member States need to take in order to ensure the security of the electricity supply in general. The provisions of this Directive have largely been superseded by subsequent EU legislation.

In July 2019, a new legislation was adopted – Regulation (EU) 941/2019 on risk-preparedness in the electricity sector that addresses a specific issue of electricity crisis prevention and management. It also establishes common provisions for risk assessment, risk preparedness plans, managing electricity crises, evaluation and monitoring.

In order to fulfil the obligations which are undertaken by the Treaty establishing Energy Community (from 2006) and in line with the National Programme for the Adoption of Acquis, the Republic of Serbia must bring into force the laws, regulations and administrative provisions necessary to comply with EU Regulation No 941/2019 by the end of 2023.

To that aim, the PLAC III project provided support to the Ministry of Mining and Energy to transpose the Regulation. Project expert Zdeslav Matić, together with representatives of the Ministry, prepared a legal gap assessment, as well as drafts of the text of amendments to the Law on Energy and of a by-law.

Matić presented the results of the analysis and the table of concordance of the Law on Energy with the EU Regulation at a workshop held in Belgrade on 25 October 2023. He also presented draft amendments to the Law on Energy and the draft Decree of the Government of the Republic of Serbia on preparedness for risks in the electricity sector.

The workshop was attended by representatives of the competent ministry, as well as companies in the electricity sector.