summary of the case
| status: | closed by Ministerial Council Decision / complied after Art.92 MC Decision |
|
| registered: | 12.10.2017 | |
|
On 14 October 2016 the Ministerial Council adopted Decision 2016/02/MC-EnC in Case ECS-03/08 establishing a breach of Energy Community law by declaring that the Republic of Serbia failed to comply with Article 6 of Regulation 1228/2003 by not using the revenues resulting from the allocation of interconnection capacity on the interconnectors with Albania, the former Yugoslav Republic of Macedonia and Montenegro for one or more of the purposes specified in Article 6(6) of the Regulation. The Republic of Serbia was required to take all appropriate measures to rectify the identified breaches and to ensure compliance with the Energy Community law by December 2016 and to report regularly to the Secretariat and the Permanent High Level Group. Since the Republic of Serbia did not take any measures to rectify the breach identified in Decision 2016/02/MC-EnC, the Secretariat initiated Case ECS-03/08S by submitting a Reasoned Request to the Ministerial Council under Article 92 of the Treaty on 13 October 2017. In its Reasoned Request, the Secretariat submitted that the non-implementation of Ministerial Council Decision 2016/02/MC-EnC under Article 91 of the Treaty constitutes a breach of Energy Community law. The Secretariat requested the Ministerial Council to declare that the breach identified is serious and persistent breach within the meaning of Article 92(1) of the Treaty. |
||
procedural history
-
13 October 2017: Reasoned Request
Since the Republic of Serbia did not take any measures to rectify the breach identified in Decision 2016/02/MC-EnC, on 13 October 2017, the Secretariat initiated Case ECS-03/08S by submitting a Reasoned Request to the Ministerial Council under Article 92 of the Treaty.
In its Reasoned Request, the Secretariat submitted that the non-implementation of Ministerial Council Decision 2016/02/MC-EnC under Article 91 of the Treaty constitutes a breach of Energy Community law. The Secretariat requested the Ministerial Council to declare that the breach identified is serious and persistent breach within the meaning of Article 92(1) of the Treaty.
-
29 November 2018: Decision on serious and persistent breach
By its Decision 2018/12/MC-EnC of 29 November 2018, the Ministerial Council established a serious and persistent breach of the Energy Community law by declaring that the Republic of Serbia had failed to implement Decision 2016/02/MC-EnC, and invited the Secretariat to request Measures under Article 92 of the Treaty in 2019 if Serbia fails to implement Ministerial Council Decision 2016/02/MC-EnC by 1 July 2019.
-
13 December 2019: Request for measures
On 8 October 2019, the Secretariat submitted Request for measures under Article 92 of the Treaty in Case ECS-3/08 S. Due to lack of unanimity, the Ministerial Council did not adopt a decision on the Request, and measures against Serbia were not imposed.
-
14 December 2020: Closure of the case
With the entry into force of the Connection Agreement between KOSTT and transmission system operators (TSOs) from Continental Europe, KOSTT started operating as a control area within the joint control block with Albanian TSO, OST. Cross-border capacities are allocated based on arrangements between KOSTT and neighbouring TSOs.