summary of the case
| status: | opened under Article 92 |
|---|---|
| registered: | 10.08.2016 |
On 23 September 2014 the Ministerial Council adopted Decision 2014/03/MC-EnC in Case ECS-09/13 establishing a breach of Energy Community law by declaring that the Republic of Serbia failed to comply with certain obligations under the Treaty by failing to implement the requirement of legal unbundling of its transmission system operator Srbijagas from other activities not relating to transmission, by failing to ensure the independence of its transmission system operator Srbijagas in terms of its organization and decision-making from other activities not relating to transmission and by failing to ensure the independence of its transmission system operator Yugorosgaz Transport in terms of its organization and decision-making from other activities not relating to transmission.
Since the Republic of Serbia had made no progress to ensure the full and proper unbundling of Srbijagas and Yugorosgaz Transport, on 10 August 2016 the Secretariat submitted a Reasoned Request to the Ministerial Council initiating Case ECS-09/13S under article 92 of the Treaty.
By its Decision 2016/17/MC-EnC of 14 October 2016, 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 2014/03/MC-EnC, but postponed the adoption of measures under Article 92 of the Treaty to 2017. At the same time, the Secretariat was invited to request measures under Article 92 of the Treaty if Serbia failed to implement commitments made under the Government’s 2016 Action Plan and to rectify the breaches identified in Ministerial Council Decision 2014/03/MC-EnC.
In the aftermath of Decision 2016/17/MC-EnC, the Secretariat reminded the Republic of Serbia several times of its obligations and recalled the necessary implementation measures in order to rectify the breach. Moreover, despite the negative opinion of the Secretariat, the Energy Agency of the Republic of Serbia (AERS) certified Yugorosgaz Transport under the ISO model.
Since the Republic of Serbia did not take any measures to rectify the breach identified in Decision 2016/17/MC-EnC and the situation as regards the compliance of Serbia with the unbundling of natural gas transmission systems operators remained in breach of the acquis communautaire, on 12 October 2017, the Secretariat submitted a Request for Measures under Article 92 of the Treaty to the Ministerial Council.
In its Reasoned Request, the Secretariat submitted that the Republic of Serbia continued to breach Article 1 of Decision 2014/03/MC-EnC and provisions of Directive 2003/55/EC to which this Article refers, and thus persistently fails to implement Decision 2016/17/MC-EnC. The non-implementation of a Ministerial Council Decision under Article 91 or 92 of the Treaty by the Party concerned in itself constitutes a breach of Energy Community law and requests measures against the Republic of Serbia to be taken.
procedural history
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10 August 2016: Reasoned Request
Since the Republic of Serbia had made no progress to ensure the full and proper unbundling of Srbijagas and Yugorosgaz Transport, on 10 August 2016 the Secretariat submitted a Reasoned Request to the Ministerial Council initiating Case ECS-09/13S under Article 92 of the Treaty.
Document Name Published on All Cats 10.04.2017 -
14 October 2016: Ministerial Council Decision a serious and persistent breach
By its Decision 2016/17/MC-EnC of 14 October 2016, 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 2014/03/MC-EnC, but postponed the adoption of measures under Article 92 of the Treaty to 2017.
Document Name Published on All Cats 14.10.20169ba742157b8d46718183773f292006d4
9ec850d7a67f469b84b8379e16da5ffd
7cf4f7a9306941afa3822b21443381de
3ea18948ead3499f96c97d7b917488f1
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1049775af8154e55a6866fb47bfa651b
b37f3f729aae4792902989f6b571e4b4
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12 October 2017: Request for Measures under Article 92
Steps taken
Since the Republic of Serbia did not take any measures to rectify the breach identified in Decision 2016/17/MC-EnC and the situation as regards the compliance of Serbia with the unbundling of natural gas transmission systems operators remained in breach of the acquis communautaire, on 12 October 2017, the Secretariat submitted a Request for Measures under Article 92 of the Treaty to the Ministerial Council.
Document Name Published on All Cats 12.10.2017d64bc9dec348465c817fb97dcd6b2ee9
3ea18948ead3499f96c97d7b917488f1
31ce4d7e391143719098aa4c0a53abf7
1049775af8154e55a6866fb47bfa651b
c1685dc84fcd4faa93bc92e80297acba
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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-9/13S. Due to lack of unanimity, the Ministerial Council did not adopt a decision on the Request, and measures against Serbia were not imposed.