Gas supply

First option: FREEDOM TO PROVIDE CROSS-BORDER SERVICES
 
If you are established in EU/EEA country and are an active gas supplier in the country of your establishment, you have freedom to provide services on permanent basis, without obligation of establishment in the Republic of Croatia, under the condition that you obtain a license for carrying out the energy activity of gas supply according to a simplified procedure.
 
An online declaration is sent in the mentioned case to the Point of Single Contact or directly to the competent authority at hera@hera.hr, along with a photo or a scan of the following documents (signed, without a stamp):
 
  • Completed form Application for Issuing of the license for performing the energy activity of gas supply (ZDOED-II obrazac), signed by a legal or a natural person (further in the text: the Applicant)
  • An excerpt from the relevant register proving that the natural or legal person is registered for performing the energy activity of gas supply in the relevant public record of the country of its establishment or a proof that in the EU member country of the Applicant’s establishment the Applicant is registered for performing the energy activity of gas supply, in cases where the energy activity of gas supply is not entered into the relevant public record in the country of its establishment, with the certified translation in Croatian language
  • A statement by the responsible person of the Applicant on the acceptance of the obligations prescribed by the national legislation governing the energy sector, the laws governing individual energy markets and the law regulating the performance of energy activities in the Republic of Croatia and the secondary legislation passed on the basis thereof
  • A bank guarantee from the EU Member State to the amount of EUR 3,981.68 (legal persons) or to the amount of EUR 398.17 (natural persons) for performing the energy activity of gas supply or can pay the deposit to the Agency in the amount of the required bank guarantee, which the Agency will confirm by inspections of its own records
  • A written statement signed by the responsible person that a new valid bank guarantee will be submitted no later than 30 days before the expiry of the current bank guarantee, in case the license for performing the energy activity of gas supply shall be issued for a period longer than covered by the bank guarantee
 
The Croatian Energy Regulatory Agency shall access the Central European Register of Energy Market Participants to confirm whether the active gas supplier from an EU member state participates in the European energy market.
 
The Croatian Energy Regulatory Agency can request the information on the fulfilment of conditions for performing the energy activity of gas supply for the Applicant from an EU member state from the regulatory body of the EU members state of the Applicant's establishment.
 
Second option: FREEDOM TO ESTABLISH
 
If you are established outside the Republic of Croatia and EU, you as a natural or legal person have freedom to provide services on a permanent basis in Croatia, if you register an establishment in Croatia and obtain the license for performing the energy activity of gas supply from the Croatian Energy Regulatory Agency and submit the following documents, i.e. fulfil the following conditions:
 
Proof of general qualifications:
 
  • Completed form Application for Issuing of the license for performing the energy activity of gas supply (ZDOED obrazac), signed by a legal or a natural person (further in the text: the Applicant)
  • An excerpt from the relevant register proving that the Applicant is registered for performing the energy activity of gas supply, in case the Agency cannot determine whether a legal or natural person is registered for the performance of energy activity by inspecting the relevant public register
  • A statement by the responsible person that members of the board or their subordinates in the legal person have not been convicted by a final judgment for criminal offences against the economy in the last five years, certified by a notary public, or a statement by a natural person that he/she has not been convicted by a final judgment for criminal offences against the economy in the last three years, certified by a notary public
 
Proof of technical qualifications:
 
  • The evidence of ownership or the right of usage of premises for business purposes based on the lease contract or another contract concluded with the owner of the leased premises
  • A list of the information-telecommunication and other equipment for performing the energy activity of gas supply, with the description of billing for supplied gas
  • A list of business premises on the territory of the Republic of Croatia
  • A list of ongoing contracts with other legal entities that affect the technical qualifications of the Applicant (if concluded)
  • The description of gas quality monitoring
  • The description of providing information to customers concerning the characteristics of gas consumption and measures for efficient and safe gas consumption
  • Standard contract for gas supply to a household customer
  • Sample gas supply bills to be sent to customers
  • The three-year development and investment plan for performing the energy activity of gas supply signed by the responsible person in the legal person or the three-year development and investment plan for performing the energy activity of gas supply signed by a natural person
 
Proof of professional qualifications:
 
  • The organization chart or a section of the Applicant’s organization chart concerning the energy activity of gas supply
  • A list of workers employed in the energy activity of gas supply with the data concerning the level of education, the workplace and the job description according to the Staff Establishment Plan signed by the responsible person in the legal person or by the natural person
  • A list of ongoing contracts with other legal entities that affect the professional qualifications of the Applicant (if concluded)
 
Proof of monetary qualifications:
 
  • The form BON-1 and for a natural person a cash inflows and outflows ledger reported to the tax authorities in the last two years
  • The form BON-2 or the Solvency Certificate issued by the business bank for a legal or a natural person
 
Decision on the issuance of a license for the performance of the energy activity of gas supply
 
In order to actively participate in the gas market, the supplier must, after the issuance of a license to perform the energy activity of gas supply, conclude a contract with the gas market operator Agreement on the regulation of mutual relations with the supplier. The Gas Market Operator shall provide the supplier with access to the Register of Billing Metering Points, which is the central point of recording data of final customers on the gas market.
 
Entry in the Register of Balance Group Managers
 
The gas supplier must join one of the existing balance groups or establish its own balance group by entering it in the Register of Balance Group Managers. A balance group is an interest association of gas market participants, organized on a commercial basis, primarily for the purpose of balancing and optimizing balancing costs, for which the head of the balance group is responsible.
 
To be registered in the Register of Balance Group Managers, it is necessary to:
  • conclude the Agreement on Access to the Gas Market Operator's Information System,
  • submit a minimum amount of payment security in the amount of EUR 130,000.00 (bank guarantee or cash deposit)
 
Fees
 
EUR 995.42 (for application for issuing of the license)
 
Payment via online banking
 
From: Company title, Company Address
(in case of natural persons use full name or title)
 
Receiver: HERA, Ulica grada Vukovara 14, 10000 Zagreb, Croatia
VAT No.: HR83764654530
Bank: Hrvatska poštanska banka, Jurišićeva 4, 10000 Zagreb, Croatia
IBAN: HR9123900011100027703
BIC code: HPBZHR2X
Reference No.: VAT Number of the natural or legal person submitting the ZDOED Form
 
 
 
hera@hera.hr (for sending photographed or scanned documents; signed, without a stamp)
 
 
 
1.327,23 EUR (annual fee for organising the gas market)
0,0105 EUR/MWh (monthly fee for the organisation of the gas market for the quantities of gas measured at the exits of the transmission system (excluding the amount of gas at the gas storage system)
 
Payment via online banking
Payer: Company title, Company Address
Receiver: HRVATSKI OPERATOR TRŽIŠTA ENERGIJE d.o.o., Ulica grada Vukovara 284, 10000 Zagreb, Croatia
VAT No.: HR75801633608
Bank: Privredna banka Zagreb d.d., Radnička cesta 50, 10000 Zagreb, Croatia
IBAN: HR4723400091110177478
BIC code: PBZGHR2X
Reference No.: OIB Payers
 
Competent authority and regulations
 
Croatian Energy Regulatory Agency
Ulica grada Vukovara 14, 10 000 Zagreb
+385 1 6323 700/6326 777
hera@hera.hr
 
Croatian Energy Market Operator Ltd.
Ulica grada Vukovara 284, 10 000 Zagreb
+385 1 63 06 700
hrote@hrote.hr
Gas Market Act (OG 18/18 23/20)
Energy Act (OG 120/12, 14/14, 102/15, 68/18 - Act on the Amendments to the Act on the Regulation of Energy Activities)
Ordinance on Licenses for Carrying Out Energy Activities and Keeping the Register of Issued and Revoked Licenses for Energy Activities (OG 44/22)
Decision on the Fees for Carrying Out the Regulation of Energy Activities (OG 38/22)
Rules on the organisation of the gas market (OG 50/2018, 154/2022, 123/25) - Unofficial consolidated text
Decision on the fee for the organization of the gas market (OG 108/22)
 
Guidance for obtaining gas/electricity trading/supply licences
 
Authorization
 
Decision on Issuing the License for Carrying Out the Energy Activity of Gas Supply
 
Deadline: 30 days and in case of examination procedure 60 days
Agreement on the regulation of mutual relations with the head of the balance group concluded
Agreement on Access to the HROTE Information System Concluded
HROTE issues a Certificate of Entry in the Register of Balance Group Managers and informs PLINACRO, HERA and the competent Ministry thereof.
 
Legal remedies
 
It is not possible to submit a complaint against the Decision of the Croatian Energy Regulatory Agency, but it is possible to initiate administrative dispute at the competent administrative court.
 
In the event of rejection of the request to conclude a contract, the party has the right to file an objection with the Croatian Energy Regulatory Agency.