FREEDOM TO ESTABLISH

If you are established in EU/EEA country, you as a physical or legal person have freedom to provide the service of management of the liquefied natural gas terminal on a permanent basis in Croatia, if you register an establishment in Croatia and obtain the license for performing the energy activity of management of the liquefied natural gas terminal 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 management of the liquefied natural gas terminal (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 management of the liquefied natural gas terminal 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 management of the liquefied natural gas terminal
• 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
• Use permits or other necessary certificates as proofs of compliance with the legislation regulating physical planning and construction and with other specific legislation based on which a building, facility and/or equipment can be used, operated or an energy activity can be performed
• A statement by the responsible person that the authorized inspection has not detected deficiencies to be rectified or if the deficiencies had been identified by the inspection, a proof of their rectification
• A list of ongoing contracts with other legal entities that affect the technical qualifications of the Applicant (if concluded)
• The description of the liquefied natural gas (LNG) terminal with basic technical data, including the description of the control device for operative automation of the LNG terminal and the measurement system of inflows and outflows, as well as the system for monitoring of gas quality parameters
• Sample LNG terminal use agreement
• Sample LNG terminal joint use agreement
• The three-year development and investment plan for performing the energy activity of management of the liquefied natural gas terminal signed by the responsible person in the legal person or the three-year development and investment plan for performing the energy activity of management of the liquefied natural gas terminal 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 management of the liquefied natural gas terminal
• A list of workers employed in the energy activity of management of the liquefied natural gas terminal 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 1,990.84 (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

Gas Market Act (NN 18/18, 23/20)

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)

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Authorization

Decision on Issuing the License for Carrying Out the Energy Activity of Management of the Liquefied Natural Gas Terminal

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