Case ECS-12/14: Kosovo* / free movement of goods

summary of the case

registered: ex officio 2014

 

 

One of the main objectives of the Energy Community Treaty is the creation of an energy market without internal frontiers. In order for that to be achieved, network energy must be able to move freely without the payment of fees established only for the reason that they cross a frontier between two Parties. Article 41 of the Treaty prohibits all customs duties, as well as all measures having equivalent effect to customs duties, on the export of network energy. Following Article 1 of Decision 2008/03/MC on the inclusion of the oil sector in the term "network energy", this prohibition also applies to crude oil and petroleum products.

The legislation and practice of Kosovo* to levy customs duties on imports of certain petroleum products from EU Member States are covered by this provision of the Treaty.

Consequently, the Secretariat has concluded that Kosovo* violated Article 41 of the Treaty by levying customs duties on imports of certain petroleum products from EU Member States.

Following the adoption of Governmental Decision and the Administrative Instructions in September 2016, and abolishing customs duties levied on imports of petroleum products in Kosovo*,  the Secretariat decided to close Case ECS-12/14 on 17 October 2016.