summary of the case
On 3 July 2018, the Secretariat sent an Opening Letter to Serbia for breach of unbundling and certification rules of the Third Energy Package. The Secretariat takes the preliminary view that Serbia failed to comply with its obligations under the Treaty, in particular Articles 10, 14, 15 and 11 of Directive 2009/73/EC and Article 24 of Regulation (EC) 715/2009, because the regulatory authority certified Yugorosgaz-Transport under the Independent System Operator model without fulfilling the requirements.
In its Opening Letter, the Secretariat came to the preliminary conclusion that Yugorosgaz-Transport did not comply with the unbundling requirements of the Third Energy Package. Therefore, the regulatory authority failed to comply with the provisions concerning certification when issuing and maintaining a decision certifying Yugorosgaz-Transport.
With the adoption of Decision 2019/02/MC-EnC, the procedure under Article 91 of the Treaty in Case ECS 08/15 is closed.