Case ECS-09/13: Serbia / gas

summary of the case

status: closed by Ministerial Council Decision / 
not complied after Art.91 MC Decision
registered: ex officio 2013



Under Directive 2003/55/EC, especially under its follow up Directive 2009/73/EC (Third Package), vertically integrated gas undertakings need to unbundle their transmission system operation (TSO) activities from the activities related to the supply of gas. The Secretariat has long been concerned that the two TSOs licensed in the country, the State-owned Srbijagas and Yugorosgaz, a 50% subsidiary of the Russian Gazprom, do not comply with this requirement. The deadline for the implementation of the Directive was 1 July 2007. Srbijagas has not yet unbundled its transmission system activities in terms of its legal form. Yugorosgaz has established a subsidiary for pipeline transport. However, the Secretariat is concerned that the undertaking has not taken measures to comply with the Directive’s requirements aimed to ensure the independent decision-making within that company (functional unbundling).

With the adoption of Decision 2014/03/MC-EnC, the procedure under Article 91 of the Treaty in Case ECS-09/13 is closed. On 10 August 2016, the Secretariat initiated Case ECS-09/13S by submitting a Reasoned Request to the Ministerial Council under Article 92 of the Treaty.