Legal analysis on the investment rights in hydroelectric resources in the Western Balkan by Dr Lorenc Gordani, 14th June 2017

ESC Adriatic in collaboration with ACERC and EuroElektra is preparing to release a report, entitle “Legal analysis on the investment rights in hydroelectric resources in the Western Balkans” prepared under the scientific direction of Dr Lorenc Gordani. The main features of the report will be make public along the Webinar “The Investment Potential of Balkan Hydropower”, on 20th June 2017, organise by Vostock Capital. An event thought as an introduction to the “Hydropower Balkans 2017”, organised by the meme company, on 15-17 November 2017, Podgorica, Montenegro.

The purpose to get an overview on the strategic development of hydropower sector makes inevitable the in-depth analyses on the legal framework. The WB6 countries are signatories and obliged to implement the entire EU legislative framework in their energy sector. Notwithstanding, the above obligations, coordination and common approach does not exist at regional and WB6 level except for the grid networks.

Then, it is necessary the start by an understanding of the general framework on granting rights regime of the hydropower investments resources in the EU and the Western Balkans. Further, to replay to the concerns related with the PPP it is going to focus in an assessment of the main terms of the agreements based in the regime of Public Private Partnership (PPP). The all accompanied with a better assessment of partnership relationship (PPP) as a regime to protect the investment and mitigate the impact of various variables occurring on time.

The above, will be integrated with an explanation of the main concept of the PPP’s, based in cooperation for the issues of permits and licences, the share of risks in a long-term and the guaranties based at international standard of the investments. An analyse, where we will give our pro e cons consideration, presuming the sign of successful concessionary agreement and related contracts and guaranties, offering our point of view on the managements of the issues rise, independently by the changes that may occur over the times.

The all with the final aim to lead to the understanding of fully essential aspect to which an investor has to base its decision, such as the high technical and cost-competitive energy potential, favourable policy soft measure on RES promotion, continuo remove of the barriers, forecast on liberalisation and regional integration. Last but not least, based to our experiences, as whom have “passed along the road”, the problem do not stand in legislation, but in an ex-ante well done analytical assessment and the capacity to follow-up with the “wise” approach thought the administrative procedures.

This report is part of a wide empiric work, overtake within our strategic working programme and base to the request comes in continuo by our partners, with purpose to give a qualified contribute to the market liberalisation and regional integration as well as the build-up of sustainable model of the energy market. It will become part of presentation in many national and international seminars, workshops and conferences and will be commerce directly by our bookstore for a cost of 15 Euro.

Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the editor at the “lorenc_gordani@albaniaenergy.org”.

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