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About BDK
Offices in Belgrade and Podgorica, presence in B&H (Republic of S Srpska) Full service (M&A, Finance, Real Estate, Employment, Dispute Resolution ) R Significant regional experience in the energy sector: IFC and Government of Montenegro: Advisory on the project for DBOT concession for a 240 MW hydro-power plant on the Moraa river Montenegrin TSO "Prenos": JV with Italian Terna for acquisition of minority stake in Prenos and joint construction of additional network infrastructure in Montenegro and undersea interconnection between Montenegro and Italy Government of Montenegro: Privatisation of Thermal Power Plant Pljevlja and Coal Mine Pljevlja
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About BDK
Government of Montenegro: Advising on DBOT concessions for small hydro-power plants Advising Spanish renewables company Fersa in the 46 MW windfarm project in Montenegro and negotiating long term lease agreement for the state owned land necessary for development of the project. European Federation of Energy Traders (EFET) - Regular annual opinions on enforceability of the General Agreement Concerning Delivery and Acceptance of Electricity under Serbian law as well as licensing requirements in the sector of electricity and gas trading Advising several foreign investor on their renewable projects mostly windfarms in Serbia, Bosnia & Herzegovina and Montenegro
Introduction
PPPs in Serbia not a success story so far
Not a single concession project has been realized in Serbia pursuant to the current regulatory framework (mining concessions excluded) No BOT arrangements pursuant to the Concession Law Sporadic projects in the communal sector (mainly waste management) Conferral of the activity of general interest to the privately owned entities only in the gas transport and distribution sector (most notably the regional gas distributor Jugorosgaz) None in the electric energy sector Reasons (from the legal perspective) - Mix of under regulation and over regulation - Unresolved property issues
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Introduction
Legislative development
All laws regulating PPP schemes in Serbia should be amended or replaced in the near future: - Amendments to the Concession Law (no draft available yet) - Draft of the new Law on Communal Services and - Draft amendments to the Law on Activities of General interest.
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Contact
Dragoljub Cibuli dcibulic@bdklegal.com
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