PRIORITETI U HARMONIZACIJI DOMAĆIH PROPISA SA PROPISIMA EVROPSKE UNIJE U OBLASTI ENERGETIKE
THE PRIORITIES IN THE PROCESS OF HARMONIZATION OF DOMESTIC LAW WITH THE EU LAW IN ENERGY

Summary/Abstract: The system of regulating the performance of electricity industry activities, which is contained in domestic regulations, and the system established by the EU Directive on the internal market of electricity are in complete disparity. The difference in approach to editing this matter lies in completely different conceptual approaches. While the domestic legislation focuses on the unique organizational form in which the electrical company operates, the EU regulation, leaving in principle the possibility of the continued existence of the so-called of vertically organized companies, it practically reduces those companies to an organizational scheme according to which the obligation of separate organization is determined for each of the activities. Differences occur especially in the segment of authorizations that are transferred to individual sectors within the electrical industry. In this sense, solutions on the mandatory existence of the so-called operator of the transmission, i.e. distribution system, about which there are no provisions in the domestic regulations. The concept of a vertically organized company, with strongly enhanced centralized functions and the dominant influence of public authorities, does not follow either the normative solutions or the spirit of the EU Directive. This comes to the fore especially in the area of "access to the system" provisions. These provisions simply do not exist in domestic legislation. On the other hand, the provisions of the EU Directive are not an obstacle to maintaining solutions that will enhance the public interest, for the orderly and continuous performance of electricity industry activities, as well as for the adoption and monitoring of the implementation of plans, which ensure optimal interest from development of this activity. There is also no obstacle to determining the obligation to supply electricity to certain categories of consumers, as a permanent obligation under particularly favorable conditions. However, the realization of these possibilities must be placed in a different context of relations than is the case now. Bearing in mind all of the above, it can be stated that the domestic regulations in this area are not in agreement with the EU regulations in organizational, organizational-status, regulatory and functional aspects. The difference is of a conceptual nature, and in that sense it would require the definition of a completely new concept of the domestic system of regulations in this matter. In this regard, it is necessary, first, to regulate the matter from the currently valid Law on the Electricity Industry in an appropriate manner, and then, on new legal bases, to pass accompanying regulations such as, for example, General terms and conditions for the supply of electricity and the Tariff system for the sale of electricity, which are also not in accordance with EU regulations, but which base their validity on the provisions of the currently valid Law on the Electricity Industry.

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