summary of the case
|closed:||ex officio 2011|
The Secretariat, acting under Article 90 of the Treaty, notes that Serbia has not yet adopted a common coordinated congestion management method and procedure for the allocation of capacity to the market. The obligation to do so is a decision by the Ministerial Council establishing the so-called “8th region”. The decision also incorporates the Congestion Management Guidelines on the management and allocation of available transfer capacity of interconnections between national systems. Participation in a regionally coordinated mechanism for allocation of electricity cross-border capacities was already an obligation under the Second Energy Package and continues to be under the Third Energy Package.
Over the past years, the Energy Community’s institutions’ as well as the transmission system operators (TSOs) in the region have provided support to establish a South Eastern Europe Coordinated Auction Office (SEE CAO) as one possible approach to common coordinated congestion management method and procedure for the allocation of capacity. EMS is the only Contracting Party TSO that to date does not participate to any regionally coordinated allocation of cross-border capacities, be it the SEE CAO or the Joint Auction Office (JAO).
The failure of EMS to establish a common coordinated congestion management method and procedure for the allocation of capacity to the market and the failure of the national energy regulatory authority, AERS, to ensure compliance in that respect is attributable to Serbia under the Energy Community Dispute Settlement Procedures.