First option: FREEDOM TO PROVIDE CROSS-BORDER SERVICES

If you are established in EU/EEA country and are an active electricity trader in the country of your establishment, you have freedom to provide services on permanent basis, without obligation of establishment in Croatia, under the condition that you obtain a license for carrying out the energy activity of electricity trading 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):

• An excerpt from the relevant register proving that the natural or legal person is registered for performing the energy activity of electricity trading 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 electricity trading, in cases where the energy activity of electricity trading 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 2,654.46 (legal persons) or to the amount of EUR 265.45 (natural persons) for performing the energy activity of electricity trading 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 electricity trading 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 electricity trader from an EU member state participates in the European energy market.

The Croatian Energy Regulatory Agency can request the information on fulfilment of conditions for performing the energy activity of electricity trading 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 in EU/EEA country, you as a physical 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 electricity trading 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 electricity trading (ZDOED obrazac), signed by a legal or a physical 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 electricity trading or the information concerning a public record from which the Agency can obtain confirmation that the legal or a physical person is registered for performing the energy activity of electricity trading
• 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 physical 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 ongoing contracts with other legal entities that affect the technical qualifications of the Applicant (if concluded)
• The three-year development and investment plan for performing the energy activity of electricity trading signed by the responsible person in the legal person or the three-year development and investment plan for performing the energy activity of electricity trading signed by a physical person

Proof of professional qualifications:

• The organization chart or a section of the Applicant’s organization chart concerning the energy activity of electricity trading
• A list of workers employed in the energy activity of electricity trading 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 physical 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 physical 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 the legal or a physical person
  

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Fees

EUR 995.42 (for application for issuing of the license)

Payment via online banking

From: Company title, Company Address

(in case of physical 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

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Application

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Competent authority and regulations  

Croatian Energy Regulatory Agency

Ulica grada Vukovara 14, 10 000 Zagreb

+385 1 6323 700/6326 777

hera@hera.hr

Act on the Electricity Market (NN 111/21)

Energy Act (NN 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 (NN 44/22)

Decision on the Fees for Carrying Out the Regulation of Energy Activities (NN 38/22)

Guidance for obtaining gas/electricity trading/supply licenses

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Authorization

Decision on Issuing the License for Carrying Out the Energy Activity of Electricity Trading

Deadline: 30 days and in case of examination procedure 60 days

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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.

The administrative dispute is initiated by filing a suit at the Administrative Court in Zagreb, Avenija Dubrovnik 6 and 8, Zagreb.

Last updated on 10 January 2023