summary of the case

In 2018, the Permanent High Level Group adopted Decisions 2018/03/PHLG-EnC, 2018/04/PHLG-EnC and 2018/05/PHLG-EnC. Those Decisions incorporate Commission Regulation (EU) 2016/631 of 14 April 2016 establishing a Network Code on requirements for grid connection of generators, Commission Regulation (EU) 2016/1447 of 26 August 2016 establishing a Network Code on requirements for grid connection of high voltage direct current systems and direct current-connected power park modules and Commission Regulation (EU) 2016/1388 of 17 August 2016 establishing a Network Code on Demand Connection, respectively (‘the Connection Network Codes’).

Pursuant to Article 1(1) of the respective Permanent High Level Group Decisions, the Contracting Parties were under an obligation to transpose the Connection Network Codes by no later than 6 months after the adoption of the the Permanent High Level Group Decisions and pursuant to Article 1(3) of the Permanent High Level Group Decisions, they were under an obligation to notify the Secretariat of transposing measures within two weeks following the adoption of such measures. The Contracting Parties were obliged to implement the Connection Network Codes by 12 July 2021 in accordance with Article 1(5) of the Permanent High Level Group Decisions. Article 1(2) of these Decisions stipulate that “[T]ransposition shall be made without changes to the structure and text of Regulation (EU) 2016/13S8 other than translation and the adaptations made by the present Decision.”

The time limit for Republic of Serbia to take measures necessary to comply with the Permanent High Level Group Decisions expired on 12 July 2018. Republic of Serbia to date has not adopted the measures necessary to implement the decisions incorporating the Connection Network Codes in the Energy Community.