Over 1,400 electricity meters of various businesses in several municipalities of Kosovo have been disconnected from the electricity grid, as a result of the decision by the Energy Regulatory Office (ERO), which obliges businesses to switch to the open electricity market, reports KosovaPress.
However, this decision is not being implemented in the four northern municipalities of Kosovo, where businesses are supplied with electricity by the company “Elektrosever.” This company is not subject to tariffs regulated by the ERO, and so far no measures have been taken to disconnect consumers in this part of the country.
The exemption of businesses in the four northern municipalities from the obligation to enter the open market is considered discriminatory by economic experts and lawyers.
They argue that the Law on Electricity applies across the entire territory of the Republic of Kosovo, regardless of whether it is the north or the south. According to them, this issue should be regulated by the Energy Regulatory Office (ERO), while they do not exclude the possibility that the matter could be taken to the Constitutional Court.
Economic expert Kushtrim Ajvazi told KosovaPress that businesses in the north, supplied by Elektrosever, are not included in the open market and therefore are not paying higher prices, unlike businesses in other parts of Kosovo, which, according to him, face bills up to three times higher for the same consumption and production.
He calls this another case of discrimination, stressing that the Law on Electricity makes no territorial distinction, while pointing out that Kosovo’s Constitution guarantees non-discrimination on territorial grounds.
“Based on the information we have received, the four northern municipalities are not part of the open electricity market, because through an agreement they are supplied by Elektrosever and are not included in the open market of businesses. This is yet another discrimination, because businesses on this side of the bridge will pay up to three times more for electricity. Meanwhile, on the other side of the bridge, for the same consumption, for the same production, they will not pay three times as much as businesses on this side… The Law on Electricity, based on which the ERO has required us to enter the open market, as voted in the Assembly of the Republic of Kosovo, does not make a territorial division between north and south, east or west. The law applies to the entire territory of the Republic of Kosovo. In a normal situation, it should have been treated as such… The ERO should have regulated this matter. Meanwhile, the Constitution of Kosovo applies to the entire territory of Kosovo and provides that there should be no territorial discrimination for businesses,” Ajvazi said.
Meanwhile, in a written response to KosovaPress, the ERO stated that so far no disconnection measures have been taken against consumers in the north due to the lack of a change in suppliers.
The ERO told KosovaPress that every consumer in Kosovo, regardless of location, has the right to choose or change their electricity supplier.
According to the ERO, Elektrosever has been licensed as a supplier for the four northern municipalities, but it is not subject to tariffs regulated by the ERO and does not bear public service obligations. The ERO further stated that Elektrosever operates as a commercial supplier, serving only that specific area.
“Every consumer in the Republic of Kosovo, regardless of geographic location, has the right to choose or change their electricity supplier. This right derives from the electricity legislation and applies equally to all consumers, including those in the northern municipalities. In this regard, the ERO has licensed the company Elektrosever, which supplies consumers in the four northern municipalities. This supplier is not subject to tariffs regulated by the ERO and does not carry public service obligations, but operates as a commercial supplier, with activities limited only to that territory. To date, in the northern municipalities, no disconnection measures have been undertaken against consumers due to the lack of supplier changes. The principle remains the same: every consumer in Kosovo must be supplied by a licensed supplier and has the right to choose the supplier they want,” the ERO said in its written response to KosovaPress.
Meanwhile, lawyer Ardian Bajraktari emphasized that any exemption of a community or municipality from the general rules—such as the case of not including northern municipalities in the open market, or the case of the 16.1% price increase in May for electricity for the rest of the country—is discriminatory.
Bajraktari requested that authorized parties also take legal action and address this matter in court to guarantee equal treatment for all citizens, regardless of municipality or community.
“With regard to the issue of entering the open market, naturally, in my opinion, this decision taken by the Energy Regulatory Office was initially in contradiction with the respective provisions of the law… Any exemption in this case of a certain community or municipalities—whether in the decision to enter the open market, or in the decision to increase electricity prices for the citizens of the country by 16.1%—is discriminatory in nature, for which I am very optimistic that the judicial instances, when the time comes, will address and determine as such… I believe it is a discriminatory decision and as such should be confirmed by the courts. The same standard should be followed by the authorized parties in addressing this matter in court,” Bajraktari emphasized.
KosovaPress also sent questions to the company “Elektrosever” regarding this issue, but by the time of publishing this article, no response had been received.
In the southern part, on this side of the Iber River, on August 16, the disconnection of businesses from electricity supply began for those who had not chosen an energy operator. That day, over 90% of large businesses were disconnected.
The Kosovo Chamber of Commerce (KCC) has filed a lawsuit in the Supreme Court against the Energy Regulatory Office (ERO).
According to KCC, this lawsuit was filed with the aim of protecting businesses, Kosovo’s economy, and most importantly, protecting the citizens of the Republic of Kosovo as end consumers, against the unjust decision of the ERO.
The Democratic Party of Kosovo (PDK) has also submitted the ERO’s decision to the Constitutional Court, a decision that obliges around 1,300 businesses to enter the so-called “open market” of electricity.
The Chamber of Trade and Industry Kosova, through a statement, said the process contains numerous legal and procedural violations, while calling on the Government of Kosovo and the ERO to immediately suspend the implementation of the decision and to open a transparent review process.
The Democratic League of Kosovo (LDK) has also reacted against the disconnection of hundreds of businesses from the electricity supply by KEDS, calling this action a form of persecution against the private sector, reports KosovaPress.
Businesses have continuously protested in Prishtina against the ERO’s decision, which, according to them, imposes a heavy burden on local companies and Kosovo’s economy. According to the business community, the ERO’s decisions risk the mass dismissal of thousands of workers, a reduction in production, and an increase in imports.
However, the Government of Kosovo has never taken into consideration the requests of the business community to delay the decision. /Z.Zeneli
