Case ECS-08/15: Ukraine / electricity

summary of the case

status: closed by Ministerial Council Decision / 
complied after Art.91 MC Decision
registered: upon complaint 01.09.2015

Ukraine was under an obligation to implement Regulation (EC) 714/2009 on conditions for access to the network for cross-border exchanges in electricity and the so-called Congestion Management Guidelines by 1 January 2015. 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 a complaint concerning the cross-border capacity allocation for transit performed by the Ukrainian TSO, Ukrenergo. Upon receiving the complaint, the Secretariat assessed the compliance of the Auction Rules, including their latest amendments of March 2017, adopted by the regulatory authority.

The Secretariat considers that linking the allocation of cross-border capacity with the undertakings‘ participation to, and the functioning of, the wholesale electricity market operated by a single buyer, the different treatment of interconnectors‘ capacities allocation for export on the one hand, and import and transit on the other hand, as well as requiring the Ministry’s approval for the latter two activities, constitute breaches of Energy Community law in the Secretariat’s preliminary assessment.

The Ministerial Council has already expressed itself on the non-compliance of different treatment of electricity imports and exports under Ukrainian law with Energy Community law in Case ECS-01/12.

With the adoption of Decision 2018/05/MC-EnC the procedure under Article 91 of the Treaty in Case ECS 08/15 is closed.