Case ECS-03/20: Moldova / gas

Summary of the case

status  closed in preliminary procedure (Art.91) /
complied in preliminary procedure
registered upon complaint 04.03.2020

Regulation (EU) 2017/459 of 16 March 2017 establishing a network code on capacity allocation mechanisms in gas transmission systems (CAM Network Code), had to be transposed by Contracting Parties, including the Republic of Moldova, by 28 August 2019 and implemented by 28 February 2020. According to Article 32(2) of the CAM Network Code regarding allocation of interruptible services, transmission system operators “shall offer a daily capacity product for interruptible capacity in both directions at interconnection points where the respective standard capacity product for firm capacity was sold out day-ahead or was not offered”; at unidirectional interconnection points where firm capacity is offered only in one direction, transmission system operators shall offer at least a daily product for interruptible capacity in the other direction.

In the present procedure, which is based on a complaint submitted to the Secretariat under Article 90 of the Treaty, the subject of the dispute concerns the lack of possibility to use the virtual reverse flows at the Trans-Balkan gas pipeline due to the lack of necessary legal provisions under Moldovan law to effectively implement Article 32(2) of the CAM Network Code.