The Ministry of Energy, Mining and Mineral Resources of North Macedonia (“Ministry”) has adopted a new Rulebook outlining in detail the procedure for obtaining authorisation to construct energy facilities (“Rulebook”).
This Rulebook is another step within the process for implementation of the new Energy Law, particularly the requirements for obtaining mandatory construction authorisation and providing financial guarantees by investors. It prescribes the necessary documentation, the validity period of authorisations, and the rules for submitting and managing the required bank guarantees or deposits.
Under the new rules, applications for authorisation can be submitted in writing or electronically to the Ministry, together with the required documentation, which includes the construction permit for the facility, a revised main design, a notification that the project is part of the Annual Plan for Construction of Energy Facilities, and a bank guarantee or deposit.
The new Rulebook establishes validity periods for authorisations ranging from 2 to 15 years, depending on the energy facility’s type, installed capacity and technical complexity levels.
In addition, the Rulebook requires investors to provide a bank guarantee or deposit in the amount of EUR 25,000 per MW in favour of the Ministry, serving as a mechanism to ensure timely project implementation. The guarantee must have a validity period of 60 months and may be extended if the authorisation period exceeds this timeframe. The guarantee is refundable upon completion of the project and fulfilment of all applicable regulatory obligations. However, the Ministry may partially or fully enforce the guarantee in the event of failure to meet deadlines for specific project phases, or in the case of project cancellation or withdrawal. Exceptions apply only to circumstances beyond the investor’s control, such as force majeure.
The information in this document does not constitute legal advice on any particular matter and is provided for general informational purposes only.
By Jane Ilijeski, Senior Associate, Karanovic & Partners
