Case ECS 01/12: Ukraine / electricity

summary of the case

status: closed by Ministerial Council Decision / 
complied after Art.91 MC Decision
registered: upon complaint 04.01.2012




According to the Protocol on accession of Ukraine to the Treaty establishing the Energy Community, Ukraine was under an obligation to implement Regulation (EC) 1228/2003 on conditions for access to the network for cross-border exchanges in electricity and the so-called Congestion Management Guidelines by 1 January 2012. This commitment entails the obligation to transpose this legislation and to apply them to the allocation of cross-border capacity for electricity.

The Secretariat had received two complaints concerning the cross-border capacity allocation organized by the Ukrainian transmission system operator (TSO). Upon receiving the complaints, the Secretariat assessed the compliance of the Auction Rules adopted by the regulatory authority.

In the view of the Secretariat, different treatment of electricity imports and exports by distinguishing between different directions of electricity flow and maintaining different procedures for the allocation of capacity in both directions is incompliant with the Energy Community law. In addition, the Secretariat found that the access to interconnectors for electricity exports is limited by maintaining requirements for participation to the auctions that are falling short of respecting the acquis. The Secretariat also took the preliminary view that the procedure for capacity allocation in case of non-congested interconnectors as well as the prohibition of secondary trading encroach upon several provisions and principles of the Energy Community law.

With the adoption of Decision 2018/02/MC-EnC, the procedure under Article 91 of the Treaty in Case ECS 01/12 is closed.