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Acquiring the Status of a Qualified Electricity Producer in Federation…

Adnan Sarajlić, Edna Basara • may 17, 2024

Acquiring the Status of a Qualified Electricity Producer in Federation of Bosnia and Herzegovina

The Federation of Bosnia and Herzegovina Energy Regulatory Commission (“FERK”) has enacted the Regulation on Qualified Electricity Producers, which was published in the Official Gazette of the Federation of Bosnia and Herzegovina No. 30/24 on 24 April 2024. (“Regulation”)

The Regulation seeks to provide for a transparent, efficient, and cost-effective process for the approval of qualified electricity producers.

A “qualified electricity producer” is defined as an electricity producer that uses renewable energy and/or high-efficiency cogeneration to generate electricity in an individual facility and that is recognised as such pursuant to the Regulation.

The Regulation governs the following issues:

  • Powers of the FERK and distribution system operators (DSOs) in recognising and permit issuing qualified electricity producers;
  • Assessment list of facilities using renewable energy to generate electricity;
  • Clear definition of requirements for recognition as qualified electricity producer and the term of such designation;
  • Applications for recognition as qualified electricity producer and detailed list of documents to substantiate any such application;
  • Requirement for the FERK or relevant DSO to notify the applicant of any deficiencies in their application within not more than 30 days;
  • Requirement for a final ruling to be made on an application by the FERK or relevant DSO within not more than 60 days after the applicant has provided all the documentation at its disposal as mandated by the Regulation;
  • Options for extension or transfer of qualified electricity producer status; and
  • Determining the reasons for revoking the status of a qualified producer.

The new Regulation repeals the prior Regulation on Qualified Electricity Producers (Official Gazette of the Federation of Bosnia and Herzegovina Nos. 85/23 and 94/23).

The set of FBiH energy reform laws seeks to liberalise the electricity market, accelerate the clean energy transition, incentivise new players and industries to enter the market, and better regulate the field of electricity. The Regulation on Qualified Electricity Producers and the Regulation on Electricity Self-Consumption are both part of this broader effort to revise energy rules.