How the "Trojka" Paves the Way for Kabiri to the Gas Market: Growth Plan Introduces Private Suppliers, FERK Left to HDZ

By Almir Bečarević

The Growth Plan stipulates that legislation in the field of natural gas will be harmonized with the Third Energy Package, through two entity gas laws. At the same time, Republika Srpska has the Law on Gas (“Official Gazette of Republika Srpska”, no. 22/18 and 15/21), which is harmonized with the Third Energy Package. This practically means that the obligation remains for the FBiH to adopt an entity law, and thus the obligation from the Growth Plan would be fulfilled. The result would be measurable.

They handed over the FBiH Energy Regulatory Commission (FERK) to HDZ, considering that three members of the Regulatory Commission were nominated by HDZ. They signed in the Growth Plan that the gas market will be opened, although they did not stipulate anywhere that the BiH Gas Law is a state obligation. The Growth Plan defines that legislation in the field of natural gas will be harmonized with the Third Energy Package, through two entity gas laws. They agreed to delete BH-Gas as the investor from the Law on the South Interconnection of BiH – HR.

“It has finally been adopted,” Minister Edin Forto said triumphantly on 09/30/2025, adding that the Council of Ministers and state authorities “are now ceasing to measure political blockades and are starting to measure results.”

The Growth Plan was adopted on that day, and since then it seems that everyone has forgotten what was adopted.

The Minister of Foreign Affairs of BiH, Elmedin Konaković, sends a message from Washington that “the signing of the memorandum is considered a form of deception towards our American partners, because Abraham Group committed to buying something in the future for which they have no legal basis or permit.”

Thus, we learned that American partners were deceived by Abraham Group and Kabiri, and the picture during the signing of the twenty-year memorandum spoke more than a thousand words spoken by Konaković.

The picture told us that behind Mr. Kabiri were two American ministers from the Trump administration, and who deceived whom is unclear. Either the administration was “fooled” by Kabiri, or Konaković's back was turned in the direction of signing the memorandum, so he didn't notice that ministers from the Trump administration were applauding Kabiri. Thus, from Washington, he defends Energoinvest and teaches the people that the exclusive importer Energoinvest will import gas for a long, long time and achieve exclusive profit over gas consumers.

How do we now measure the results that Mr. Forto talks about, or how do we convince our American friends that our state company is more important than the measurable results from the Growth Plan.

The Growth Plan, in point 1.4.1.2, gives us an overview of obligations in the gas sector, namely:

“In this way, the transposition and implementation of the Third Energy Package (i.e., the assignment of regulatory powers to the competent authority, the implementation of obligations for the separation of the transmission system operator, the adoption of appropriate network tariffs, the opening of the market, etc.) will be achieved in the part of BiH (FBiH) where it has not been possible until now due to the use of gas legislation that is not harmonized with the EU acquis communautaire.”

As we can see, one of the obligations is the opening of the gas market, especially in the FBiH, because this has not been done to date. Now we have taken on this obligation, and the results must be measurable. The Growth Plan defines that legislation in the field of natural gas will be harmonized with the Third Energy Package, through two entity gas laws. At the same time, Republika Srpska has the Law on Gas (“Official Gazette of Republika Srpska”, no. 22/18 and 15/21), which is harmonized with the Third Energy Package. This practically means that the obligation remains for the FBiH to adopt an entity law, and thus the obligation from the Growth Plan would be fulfilled. The result would be measurable.

FERK, the entity regulator, is a separate story, to which the Law on Energy and the Regulation of Energy Activities in FBiH assigns the authority to issue licenses for gas trading, gas supply, etc. Article 23 specifies that FERK is responsible for issuing licenses for performing energy activities, which include trading and supplying gas. HDZ has taken a majority in FERK, as it has appointed 3 members who are directly connected to this political entity.

Now we come to handing over the decision-making to Dragan Čović regarding the investor in the South Interconnection project.

After the “Trojka” had been “playing” the former US ambassador for two years regarding the appointment of the BH-Gas Management (director), patience was lost, and the decision on the fate of BH-Gas was left to Čović. He decided, and it was agreed, to remove BH-Gas from the Law on the South Interconnection. Now the request is to decide on the South Interconnection with a two-thirds majority.

When you have handed over the public transport service to private initiative, the logical consequence is to also hand over gas trading to private initiative. Preparations have been made, FERK has been handed over to HDZ, and the obligation from the Growth Plan is to open the market.