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 organization of citizen energy community 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 organization of citizen energy community (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 organization of citizen energy community or the information concerning a public record from which the Agency can obtain confirmation that the legal person is registered for performing the energy activity of organization of citizen energy community
• Constituent act or another document based on which a legal person is registered and other documentation from which it can be confirmed that the citizen energy community fulfils the conditions for citizen energy community as laid out in the legislation regulating electricity market
• A list of all shareholders and all members of the citizen energy community showing for each shareholder or a member the data concerning the following:

– the type of legal or natural person (company, association, foundation, …), whereby for entrepreneurs it is necessary to specify the category as determined by accounting legislation (micro entrepreneur, small entrepreneur, medium-sized entrepreneur or big entrepreneur)

– address of residence or of the establishment or a business premises at the territory of the local self-government unit, where the citizen energy community is established

– percentage of ownership and the actual control of citizen energy community (according to principles of citizen energy community structure)

– the actual ownership percentage or percentage of actual control of citizen energy community (includes the percentage of ownership arising from ownership or from the actual control in the legal person that is the second owner of a percentage or is the member of the same citizen energy community)

• A statement by the responsible person that medium-sized companies and big companies do not have actual control of the shareholders and members of the citizen energy community and that medium-sized companies and big companies do not participate in ownership and have no rights, contracts or other means which, whether separately or combined, and taking into consideration facts and legal circumstances, would enable them to exercise decisive influence on the citizen energy community, certified by a notary public
• An excerpt from a relevant register, by which the Applicant proves that the citizen energy community is operating in line with the legislation regulating financial and accounting procedures of non-profit organizations, in case the Agency cannot determine, by inspection of the relevant public register, whether the legal entity is registered for performing the energy activities
• A statement by the responsible person that members of the managing 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

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 description of the information-telecommunication and other equipment for performing the energy activity of organisation of citizen energy community
• 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 organisation of citizen energy community, signed by the responsible person in the legal person
• Conditions for participation in the citizen energy community determined by the citizen energy community

Proof of professional qualifications:

• The organization chart or a section of the Applicant’s organization chart concerning the energy activity of organisation of citizen energy community
• A list of workers employed in the energy activity of organisation of citizen energy community 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 natural persons use full name for 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).

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Authorization

Decision on Issuing the License for Carrying Out the Energy Activity of Organization of Citizen Energy Community

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