UNMIK/REG/2000/49

19 August 2000

REGULATION NO. 2000/49

ON THE ESTABLISHMENT OF THE ADMINISTRATIVE DEPARTMENT OF PUBLIC UTILITIES

The Special Representative of the Secretary-General,

Pursuant to the authority given to him under United Nations Security Council resolution 1244 (1999) of 10 June 1999,

Taking into account United Nations Interim Administration Mission in Kosovo (UNMIK) Regulation No. 1999/1 of 25 July 1999, as amended, on the Authority of the Interim Administration in Kosovo and UNMIK Regulation No. 2000/1 of 14 January 2000 on the Kosovo Joint Interim Administrative Structure,

For the purpose of establishing the Administrative Department of Public Utilities,

Hereby promulgates the following:

Section 1

Administrative Department of Public Utilities

1.1 The Administrative Department of Public Utilities (hereinafter "the Department") is hereby established.

1.2 The Department shall be responsible for the management oversight and regulation of matters relating to public utilities in Kosovo that shall include natural gas supply, transmission and use for public utilities purposes, electric light, heat, power, water supply and waste water and solid waste collection and treatment, as may be provided by public, private and other enterprises and institutions providing such services.

1.3 The Department shall implement the policy guidelines formulated by the Interim Administrative Council in the field of public utilities.

Section 2

Functions

2.1 The Department may make policy recommendations to the Interim Administrative Council through the Deputy Special Representative of the Secretary-General for Economic Reconstruction and Development concerning, inter alia:

(a) The overall strategy and policies for the management and development of the public utilities sector;

(b) Programmes for the efficient and effective organisation and operation of public utility service providers to ensure that the people of Kosovo receive reliable public utility services that meet adequate health, safety and environmental standards at just and reasonable rates, irrespective of ethnic or social origin, race or sex, disability, religion, political or other opinion;

(c) The regulation of rates, charges and services of public utility service providers;

(d) The regulatory framework for public utility services providers, including the adoption of criteria and technical specifications to be maintained, the identification of applicable standards with which public utility service providers shall comply, the preparation of regulations on matters pertaining to public utility services providers and the consequences of non-compliance with this regulatory framework; and

(e) The utilisation of funds received from the Kosovo Consolidated Budget and other available resources for the effective and efficient operation of public utility service providers.

2.2 The Department shall:

(a) Implement the overall strategy and policies for the management and development of public utility service providers within the framework of the Kosovo Consolidated Budget;

(b) Exercise management oversight, in consultation with relevant Administrative Departments where appropriate, over public utility service providers in order to provide for reliable public utility services that meet adequate health, safety and environmental standards, at just and reasonable rates;

(c) Perform all functions of a Regulatory Authority in the public utilities sector, including regulating the rates, charges and services of public utility service providers;

(d) Co-ordinate with other Administrative Departments on matters pertaining to public utility service providers;

(e) Co-ordinate and guide the activities of international and governmental agencies and non-governmental organizations in order to promote the coherent development and implementation of public utilities sector programmes and policies;

(f) Establish, in consultation with relevant Administrative Departments, supervisory boards for public utility service providers in order to supervise their programmes and activities, through the issuance of administrative directions;

(g) Oversee, in co-ordination with the Administrative Department of Public Services and, where appropriate, in consultation with relevant supervisory boards referred to in section (f) above and the Administrative Department of Local Administration, the preparation and implementation of contracts pertaining to public utility service providers and endorse such contracts, as may be required, including purchase orders, commitments for expenditure and any contracts for the sale of services and products;

(h) Formulate and manage programmes to develop the revenue sources needed to support the operation, construction, maintenance or upgrading of public utility systems or facilities;

(i) Formulate and manage programmes to control the operational efficiency and organisational costs of public utility service providers;

(j) Establish mechanisms to consider and decide upon alleged violations of the regulatory framework for the operation of public utilities;

(k) Establish mechanisms to enable public utilities to seek review of decisions by the Department; and

(l) Perform such functions as are ancillary to those set out above and are assigned to the Department by the Deputy Special Representative of the Secretary-General for Economic Reconstruction and Development.

Section 3

Co-Heads of the Department

Co-Heads of the Department, under the supervision of the Deputy Special Representative of the Secretary-General for Economic Reconstruction and Development, shall be jointly responsible for:

(a) Managing the Department and ensuring that the functions entrusted to it are implemented;

(b) Staffing, organising and administering the Department and issuing administrative instructions and operating guidelines on any matters pertaining to the functions of the Department; and

(c) The effective and efficient management of resources provided to the Department from the Kosovo Consolidated Budget or from any other source.

Section 4

Personnel and Employment Policy

Co-Heads of the Department shall:

(a) Implement non-discriminatory personnel policies designed to ensure that the composition of the staff of the Department reflects the multiethnic character of Kosovo;

(b) Endeavour to ensure equitable gender representation in all areas and levels within the Department; and

(c) Ensure that all recruitment is based on professional qualifications, competence and merit and is undertaken through fair and open competition.

Section 5

Implementation

The Special Representative of the Secretary-General may issue administrative directions in connection with the implementation of the present regulation.

Section 6

Applicable Law

The present regulation shall supersede any provision in the applicable law that is inconsistent with it.

Section 7

Entry into Force

The present regulation shall enter into force on 19 August 2000.

Bernard Kouchner

Special Representative of the Secretary-General