Energy Community certification

Pursuant to the Third Energy Package acquis, a Transmission System Operator ( TSO) can only be approved and designated as a TSO following a specific certification procedure. This procedure is applicable to all TSOs for their initial certification and subsequently at any time when a reassessment of a TSO's compliance with the unbundling rules is required.

The aim of the certification procedure is to verify whether the applicant TSO complies with the unbundling provisions of the electricity and gas Directives. Unbundling is the separation of energy supply and generation from the operation of transmission networks. Under the Third Energy Package acquis, unbundling must take place in one of three ways, depending on the preferences of the country in question: 

  • ownership unbundling
  • independent system operator
  • independent transmission operator

Operators that comply with the unbundling rules can apply for certification with their national energy regulator. 

With the Decision 2011/02/MC-EnC, the Energy Community adopted the Third Energy Package acquis and the respective certification procedure with some adaptations. The table below displays the Energy Community TSOs that have so far undergone, or are in the middle of, the certification procedure (status: August 2021). 

Certification procedure

certification steps

Status of transmission service operator certification 

  • Certification of electricity TSO: Elektromreža Srbije - EMS
    Certifications steps
    EMS application
     25 October 2016
    AERS Preliminary Decision
     26 January 2017
    ECS Notification
     15 February 2017
    ECS Certification Hearing
     22 May 2017
    ECRB Opinion
     2 June 2017
    Secretariat's Opinion
     15 June 2017
    AERS Final Decision
     8 September 2017
    ECS Request for Reassessment of Certification
     20 September 2017
    AERS Response on the Request for Reassessment of Certification
     3 May 2018
    Additional Information

    EMS is a joint stock company and its founder and the only shareholder is the Republic of Serbia. The owner’s rights are exercised by the Government.

    In the period after the Secretariat issued its negative Opinion 3/17 on the AERS Preliminary Decision concerning the certification of EMS with a finding that separation of control within the State has not taken place even in its most basic requirement, the designation of two public bodies, and before the adoption of the Final Decision of AERS, the Serbian Parliament adopted amendments to the Law on Ministries. Article 4 of the Law on Ministries, specifying the competences of the ministries were amended in a way that two different public bodies (Ministers) were given right to preparing “proposals for acts on appointment and dismissal of management bodies” of EMS on the one hand and of the companies performing activity of production and supply of electricity and gas. On the one hand, the Secretariat’s Opinion was not made on the same set of facts and laws as AERS’ Final Decision. On the other hand, the Final Decision on the basis of new legislation raises a number of issues on which the Secretariat had no opportunity to give its Opinion to AERS and which seem to require a more in-depth against the Electricity Directives provisions on ownership unbundling. Therefore, the Secretariat submitted to AERS a request for re-opening the certification procedure pursuant to Article 10(4)c) of the Electricity Directive, to which AERS responded negatively and failed to reassess compliance of EMS with the unbundling criteria despite the changed legal framework.

  • Certification of gas TSO: "Yugorosgaz-transport" Niš
    Certifications steps
    Yugorosgaz application
     12 August 2016
    AERS Preliminary Decision
     12 December 2016
    ECS Notification
     22 December 2016
    ECS Certification Hearing
     10 March 2017
    ECRB Opinion (received 23 March 2017)
     14 March 2017
    Secretariat's Opinion
     22 April 2017
    AERS Final Decision
     20 June 2017
    AERS Decision on Revocation of Certification
     15 July 2019
    Additional Information

    Yugorosgaz-transport is a company established in October 2015 for the purpose of natural gas transport in Southern Serbia. Its owner is Yugorosgaz JSC, Belgrade, owned by Gazprom (50%), Srbijagas (25%) and Centrex Europe Energy & Gas AG (25%).

    The AERS has made conditional certification of Yugorosgaz-transport as independent system operator (ISO) in both Preliminary and Final Decision. Both ECRB and ECS have concluded in their opinions that Yugorosgaz-transport is not able to operate the system effectively and independently from the system owner Yugorosgaz, for reasons of  unavailability of sufficient resources and the control of Yugorosgaz and Gazprom over Yugorosgaz-Transport, and also have emphasized the importance of assessment of security of supply issue, given that Gazprom, company established in a third country, holds 50% of shares of Yugorosgaz-transpot's owner, Yugorosgaz. Due to the certification of Yugorosgaz-Transport under the Independent System Operator model by AERS without fulfilling the requirements, the Ministerial Council adopted a decision establishing a breach by Republic of Serbia in Case ECS 10/17 and AERS has revoked its certification decision.

  • Certification of gas TSO: “Gastrans” Novi Sad
    Certifications steps
    Gastrans application
     25 June 2019
    AERS Preliminary Decision
     15 August 2019
    ECS Notification
     22 August 2019
    ECRB Opinion
     10 December 2019
    Secretariat's Opinion
     18 December 2019
    AERS Final Decision
     21 February 2020
    Additional Information

    Gastrans is a project developer of natural gas pipeline project, that aims at transporting natural gas from Turkey (using capacities of the so-called TurkStream pipeline) and Bulgaria, and it was expected to start commercial operation on 1 January 2020. It is ultimately owned by Srbijagas (49%) and Russian natural gas holding Gazprom (51%). AERS certified Gastrans according to ITO model, and exempted it from TEP rules (unbundling, TPA and tariff setting) for period of 20 years.

    The Secretariat's opinions and AERS’s decisions were diverging in both procedures on the exemption of Gastrans and the certification of Gastrans. In its Opinion 01/2019 on Exemption Decision, Secretariat concluded that the exemption of Gastarns’s Project from TEP rules is detrimental to competition due to dominant positions of Gastrans’s shareholders on Serbian gas market (Gazprom and Srbijagas) and that subsequently, the certification of Gastrans as an ITO is not an option, due to unlawful exemption from TEP rules and due to fact that ITO model is not applicable to a case which did not belong to a vertically integrated undertaking on 6 October 2011.However, AERS did not take of the utmost account the Opinion of Secretariat and has certified Gastrans as an independent transmission operator.

  • Certification of gas TSO: Srbijagas  Certification steps yet to be initiated
    Additional Information

    Srbijagas is a vertically incorporated undertaking, which still holds the licenses for transmission system operation, distribution and supply, non-complying with the rules on unbundling of the Second Energy Package, subject to dispute settlement rules in cases ECS 9/13 and ECS 9/13S.

    Srbijagas has established company Transportgas Srbija which is currently only a shell company, dependent on its parent Srbijagas and AERS has rejected the certification request submitted by Transportgas Srbija.

  • Certification of electricity TSO: OST
    Certifications steps
    OST's Application
     13 July 2016
    ERE Preliminary Decision
     6 October 2016
    ECS Certification Hearing
     14 December 2016
    ECRB Opinion
     19 December 2016
    Secretariat's Opinion
     23 January 2017
    ERE Final Decision
     15 March 2017
    Additional Information

    The electricity TSO, OST, is a joint stock company, owned by the Republic of Albania and exercise of state-ownership in OST is in charge of the Ministry of Finance and Economy of the Republic of Albania (successor of the Ministry of Economic Development, Tourism, Trade and Entrepreneurship).

    Upon adoption of the ERE’s final certification decision that contains the conditions addressed in the Secretariat’s opinion, the decision has been amended three times in terms postponing the deadlines for fulfillment of the respective conditions. With the amendments to the Power Sector Law of 15 May 2020 the conditions from the Secretariat’s Opinion and ERE’s final certification decision of OST, related to the transfer of tasks from the Ministry of Energy to the current TSO owner the Ministry of Economy have been fulfilled.

     

  • Certification of gas TSO: ALBGAZ
    Certifications steps
    Albgaz's Application
     20 February 2017
    ERE Preliminary Decision
     26 May 2017
    ECS Certification Hearing
     11 July 2017
    Secretariat's Opinion
     2 October 2017
    ERE Final Decision
     8 November 2017
    Additional Information

    The gas TSO, Albgaz is a joint stock company and its founder is the Republic of Albania. The state’s shareholding rights in Albgaz are exercised by the Ministry of Finance and Economy of the Republic of Albania (successor of the Ministry of Economic Development, Tourism, Trade and Entrepreneurship).

    Upon adoption of the ERE’s final certification decision that contains the conditions addressed in the Secretariat’s opinion, the decision has been amended three times postponing the deadlines for fulfillment of the respective conditions. In particular, the deadline for fulfillment of the conditions related to obtaining the ownership certificate for all Albgaz’s assets and for the transfer of the competences of the Ministry of Infrastructure and Energy concerning the decision-making of network planning and construction to the Ministry of Finance and Economy, which requires amendments to the Natural Gas Law, is prolonged until 20 December 2020. By not fulfilling these conditions effective unbundling is prevented and Albgaz remains conditionally certified.

     

  • Certification of gas TSO: TAP
    Certifications steps
    Joint Exemption Decision
     13 June 2013
    TAP's Application
     1 July 2015
    ERE Preliminary Decision
     31 October 2015
    ECS Certification Hearing
     8 July 2015
    ECRB Opinion
     26 January 2016
    Secretariat's Opinion
     2 February 2016
    ERE Final Decision
     31 March 2016
    Additional Information

    The Trans Adriatic Pipeline (hereinafter "TAP") is a pipeline project aimed to transport the gas produced from the gas fields of Azerbaijan to European gas markets via Greece, Albania and Italy. TAP is being developed by TAP AG, a company incorporated under the laws of Switzerland and owned by several companies, active in electricity and gas markets. The commercial operation of the project is to start by 31 December 2020.

    At the moment of adoption of Preliminary and Final Certification decisions, the TAP AG was only a pipeline project developer and did not have capacities for performing all TSO activities required by unbundling rules, for which reason the full assessment of compliance with the requirements of independent transmission operator (“ITO”) model was not possible. Therefore, the Secretariat, in its Opinion requested by ERE to monitor TAP AG's compliance with the commitments by COD and to conduct a certification procedure again at the latest three months before COD. In this respect, ERE is expected to open again certification procedure upon TAP AG notification of all circumstances of relevance for its full compliance with the requirements of ITO unbundling.

     

     

  • Certification of electricity TSO: Ukrenergo – ISO unbundling model (2)
    CERTIFICATIONS STEPS
    Ukrenergo Application
     17 May 2021
    NEURC Preliminary Decision
     1 October 2021
    Secretariat's Opinion
     3 December 2021
    NEURC Final Decision
     17 December 2021
    Additional Information

    Ukrenergo is a state-owned joint stock company, and the ownership of the state was exercised by the Ministry of Finance under economic management rights. With the amendments to the Electricity Market Law of April 2021, the ISO unbundling model has been transposed (in addition to the ownership unbundling model) and Ukrenergo submitted second application for certification under this model. In its Preliminary Decision, NEURC came to the conclusion that Ukrenergo can be certified preliminarily, but conditioned final certification on a number of measures to be taken and evidence to be submitted by the applicant. In its Preliminary Decision, NEURC stated that “in case of change of circumstances on the basis of which the previous decision on certification of the TSO was made, in particular, change of the transmission system owner or corporate rights management body of the state in the authorized capital of Ukrenergo, NEURC shall inform the Energy Community Secretariat and has the right to cancel the previous decision on certification of the transmission system operator and start a new certification process.”

    On 28 July 2021, the Cabinet of Ministers of Ukraine adopted a Resolution and transferred the authority to manage corporate rights and the state property (based on economic management rights granted to Ukrenergo) owned by the state in Ukrenergo from the Ministry of Finance to the Ministry of Energy. Such transfer entails a change in control over the TSO as well as a change in the function of the transmission network owner.

    On 17 December 2021, Ukrenergo was conditionally certified under the ISO model. In its final decision, NEURC took into account the Secretariat’s requests and recommendations from its Opinion 4/21. The Secretariat had raised concerns about Ukrenergo’s financial viability, and about interventions by state authorities in the corporate bodies of the transmission system operator (TSO). In the meantime, a supervisory board with a majority of independent members has been appointed. According to the final decision, the Ministry of Energy as shareholder of Ukrenergo, will also have to continue its internal restructuring meant to ring-fence the TSO from political decisions, and to propose solutions addressing the risks to the company’s liquidity.

  • Certification of electricity TSO: Ukrenergo – Ownership unbundling model (1)
    CERTIFICATIONS STEPS
    Ukrenergo Application
     14 August 2019
    NEURC Preliminary Decision
     7 October 2019
    Secretariat's Opinion
     5 February 2020
    NEURC Final Decision
     23 April 2021
    Additional Information

    Ukrenergo is a state-owned joint stock company, and the ownership of the state is exercised by the Ministry of Finance under economic management rights.

    The Secretariat has issued a negative opinion on the NEURC’s preliminary decision for certification of Ukrenergo, concluding that Ukrenergo cannot be certified according to the ownership unbundling model, since one of the main criteria – ownership of the transmission assets by the TSO - is not fulfilled. Namely, Ukrenergo exercised only economic management right over the transmission assets, meaning that it neither owns the transmission assets nor has other rights equivalent to an owner over those assets. Taking into account the Secretariat’s Opinion, NEURC adopted a final decision rejecting the certification of Ukrenergo under the ownership unbundling model in April 2021.

  • Certification of gas TSO: GTSO
    CERTIFICATIONS STEPS
    GTSO Application
     4 October 2019
    NEURC Preliminary Decision
     22 November 2019
    Secretariat's Opinion
     17 December 2019
    NEURC Final Decision
     24 December 2019
    Additional Information

    GTSO was established in February 2019 as a subsidiary of the joint stock company Ukrtransgaz, which is a 100% subsidiary of the vertically integrated gas undertaking Naftogaz of Ukraine. At the time of issuance of the Secretariat’s opinion, the transmission system operation was effectively conducted by Ukratransgaz. When adopting the Final Decision, NEURC took into account the Secretariat’s opinion and obliged the GTSO to provide evidence on fulfillment of the conditions by July 2020, upon which the new assessment of compliance would be conducted by the NEURC, the Secretariat and Antimonopoly Committee of Ukraine. 

     

  • Certification of electricity TSO: KOSTT
    Certifications steps
    KOSTT's Application
     28 April 2017
    ERO Preliminary Decision
     24 September 2018
    ECS Certification Hearing
     6 February 2020
    ECRB Opinion
     24 January 2019
    Secretariat's Opinion
     1 February 2019
    Final Decision
     15 February 2019
    Additional Information

    KOSTT is an electricity transmission system operator, established as a joint stock company. It is in public ownership and the shareholding rights are exercised by the Assembly of Kosovo.*

    The Secretariat has supported the certification of KOSTT in line with ERO’s Preliminary Decision, recommending additionally appointment of Compliance Officer and the adoption of Compliance Program, and further requesting from ERO to assess and elaborate on the matters related to separation of control and the relations between KOSTT and the Government, the Ministry of Economic Development and the Ministry of Finance. In its Final Decision, ERO has taken into account the Secretariat’s opinion and has certified KOSTT unconditionally requiring an appointment of a Compliance Officer and adoption of a Compliance Program in the period of 6 months of adoption of the Final Decision.

    With the adoption of a Compliance Program and appointment of a Compliance Officer, the conditions from ERO’s final certification decision of KOSST have been fulfilled.

  • Certification of electricity TSOs: NOS BiH Sarajevo and NOS BiH Sarajevo Certification steps yet to be initiated
    Additional Information

    Two companies in Bosnia and Herzegovina are active in the electricity transmission: NOS BiH Sarajevo, acting as an independent system operator and operating competitive balancing market and JSC Elektroprenos Banja Luka (also called TransCo), acting as a transmission operator. Both companies are controlled by the entities’ governments that are also responsible for operation of the public generation and supply utilities. Elektroprenos is 100% owned by the two entities: Federation of BiH 58.90% and Republika Srpska 41.10%. The authority exercising the rights of the owners is the Ministry of Foreign Trade and Economic Relations of Bosnia and Herzegovina, whereas for NOS BiH no shares are issued.

    There is no legal framework transposing the Third Energy Package in Bosnia and Herzegovina governing unbundling of the electricity transmission system operator(s). The draft Law on Regulator, Transmission and Electricity Market and the complementary law on the establishment of a transmission system operator for electricity, both aiming to transpose the Third Package at the state level, are prepared, but have not been adopted so far.

  • Certification of gas TSO: GAS PROMET Pale
    CERTIFICATIONS STEPS
    TSO Application
     12 September 2019
    Preliminary Decision (received 18 May 2020)
     28 April 2020
    Secretariat's Opinion
     18 September 2020
    REERS Final Decision
     18 November 2020
    Additional Information

    Gaspromet AD Pale is a joint stock company in the Republika Srpska. It is owned 65% by the State owned Fund, 10% by the Pension Fund, 5% by the Restitution Fund and 20% Investment funds & private small shareholders. Even though there is no law on state level that governs the gas market, Republika Srpska transposed the unbundling and certification requirements in line with the gas acquis on the territory of this entity in March 2019. The relevant institutional competences are assigned only to the entity regulator, completely omitting any reference to state-level institutions.

    REERS adopted a preliminary decision for certification of GAS PROMET Pale and submitted it for an opinion to the Secretariat. Taking into account the opinion of the Secretariat, REERS certified Gaspromet Pale as a gas TSO operating the pipeline sections Šepak-Karakaj and Karakaj-Zvornik.

  • Certification of other gas TSOs: BH Gas d.d.o and Sarajevogas AD Istocno Certification steps yet to be initiated
    Additional Information

    There are two other natural gas transmission system operators in Bosnia and Herzegovina. BH Gas d.d.o. is 100% owned by the Government of Federation BiH, which acts as a TSO at entity level but also performs activities of import and wholesale activities at the state level. Sarajevogas AD Istocno Sarajevo is a joint stock company and acts as transporter in Republika Srpska. The company performs transport, distribution system operation and retail supply in Republika Srpska.

    Those two companies are neither unbundled nor certified.

  • Certification of electricity TSO: JSC Georgian State Electrosystem (1)
    CERTIFICATIONS STEPS
    GSE Application
     21 January 2021
    GNERC Preliminary Decision
     4 March 2021
    Secretariat's Opinion
     26 March 2021
    Final Decision
     1 April 2021
    Additional Information

    GSE is the State-owned TSO for electricity in Georgia and the State’s shares of GSE are represented by the Ministry of Economy and Sustainable Development. After the merger with the fully State-owned Energotrans, GSE owns and operates also the transmission assets previously operated by Energotrans. In January 2021, GSE concluded a lease agreement with Sakrusenergo, a company that holds another transmission license issued by GNERC, and the shares of which are owned 50% by the State of Georgia, represented by the Ministry of Economy and Sustainable Development, and 50% by the Federal Grid of the United Energy System JSC registered in the Russian Federation.

    In its Opinion, the Secretariat concluded that GSE is currently not unbundled in line with the ownership unbundling model as required by Article 9 of the Electricity Directive. In addition to asking GNERC to assess several issues in more detail, it required GNERC to include a statement in the operative part announcing the opening of a recertification procedure for the assessment of compliance by GSE with the unbundling criteria, once the conditions imposed by the Final Decision are fulfilled, including a request for a new Opinion by the Secretariat.

    GNERC took into account the Secretariat’s Opinion and gave a deadline to GSE to comply with the conditions from the Final Decision by 31 December 2021. GNERC also included a statement in the operative part of the decision, pointing out that after submission of the required documents proving compliance with the unbundling criteria, GNERC will re-open the certification procedure and will submit another Preliminary Decision to the Secretariat for an opinion.

  • Certification of electricity TSO: JSC Georgian State Electrosystem (2)
    CERTIFICATIONS STEPS
    GSE Application
     21 February 2022
    GNERC Preliminary Decision
     28 April 2022
    Secretariat's Opinion
     24 June 2022
    Final Decision
     7 July 2022
    Additional Information

    GSE is the State-owned TSO for electricity in Georgia and and the State’s shares of GSE are represented by the Ministry of Economy and Sustainable Development. After the merger with the fully State-owned Energotrans, GSE owns and operates also the transmission assets previously operated by Energotrans. In January 2021, GSE concluded a lease agreement with Sakrusenergo, a company that holds another transmission license issued by GNERC, and the shares of which are owned 50% by the State of Georgia, represented by the Ministry of Economy and Sustainable Development, and 50% by the Federal Grid of the United Energy System JSC registered in the Russian Federation.

    In its Opinion, the Secretariat agreed with GNERC’s assessment from the Preliminary Decision and its conclusions that GSE does not comply with the unbundling provisions enshrined in Article 9 of the Electricity Directive. Most notable, GSE is still directly and indirectly controlled by the same public body controlling also the public companies active in generation and/or supply of natural gas or electricity.

    GNERC took into account the Secretariat’s Opinion and refused certification of GSE. It gave a deadline to GSE to comply with the conditions from the Final Decision by 1 August 2022 and to notify GNERC of fulfilling those conditions by 8 August 2022. GNERC also included a statement that GSE will be fined with 10% of its annual turnover for 2021 in case of non-compliance with the requirements of the Decision.

  • Certification of gas TSO: LLC “Georgian Gas Transportation Company” (1)
    CERTIFICATIONS STEPS
    GGTC Application
     10 June 2021
    GNERC Preliminary Decision
     2 September 2021
    Secretariat's Opinion
     10 November 2021
    Final Decision
     11 November 2021
    Additional Information

    LLC “Georgian Gas Transportation Company” GGTC is a limited liability company established under Georgian law and the State’s shares of GGTC are represented by the Ministry of Economy and Sustainable Development. GGTC does not legally own the physical assets used for the transmission of gas. They are owned by GOGC, a company active in the production, supply and trade of natural gas as well as generation of electricity. On 29 April 2021, GOGC founded LLC Georgian Natural Gas Transmission Owner (hereinafter “TNO”) and transferred ownership over the transmission system assets to it. GGTC concluded an agreement on the rent of the main gas pipelines and related infrastructure with GOGC in 2011 valid until 1 January 2022.

    In its Opinion, the Secretariat concluded that GGTC does not comply with the unbundling provisions due to the State as sole shareholder also controlling companies active in production/supply activities in the gas/electricity sectors. Moreover, the lack of a lease agreement with the TNO precludes GGTC from having at its disposal the necessary technical and physical resources to perform the tasks of a TSO enshrined in Article 13 of the Gas Directive, and to comply with its obligations under the Gas Regulation. Furthermore, the TNO did not provide evidence for its ability to comply with its obligations under Article 14(5) of the Gas Directive. Finally, independence of the TNO from GOGC is not fully ensured because no compliance programme has been established as required under Article 15(2) of the Gas Directive.

  • Certification of gas TSO: LLC “Georgian Gas Transportation Company” (2)
    CERTIFICATIONS STEPS
    GGTC Application
     4 February 2022
    GNERC Preliminary Decision
     28 April 2022
    Secretariat's Opinion
     24 June 2022
    Final Decision
     7 July 2022
    Additional Information

    LLC “Georgian Gas Transportation Company” GGTC is a limited liability company established under Georgian law and the State’s shares of GGTC are represented by the Ministry of Economy and Sustainable Development. GGTC does not legally own the physical assets used for the transmission of gas (in particular pipelines and (two currently inactive) compressor stations). They are owned by GOGC. On 29 April 2021, GOGC founded LLC Georgian Natural Gas Transmission Owner (hereinafter “TNO”) and transferred ownership over the transmission system assets to it. A  lease agreement was concluded between GGTC and TNO on 3 February 2022 and approved by GNERC.

    In its Opinion, the Secretariat concluded that GGTC does not comply with the unbundling provisions due to the State as sole shareholder also controlling companies active in production/supply in the gas/electricity sectors. Most notably, GGTC is still directly and indirectly controlled by the same public body controlling also the public companies active in generation and/or supply of natural gas or electricity.

    GNERC took into account the Secretariat’s Opinion and refused certification of GGTC. It gave a deadline to GGTC to comply with the conditions from the Final Decision by 1 August 2022 and to notify GNERC of fulfilling those conditions by 8 August 2022.

  • Certification of electricity TSO: CGES
    Certifications steps
    CGES Application
     20 June 2017
    RAE Preliminary Decision
     20 October 2017
    ECS Certification Hearing
     11 July 2017
    ECRB Opinion
     1 February 2018
    Secretariat's Opinion
     27 February 2018
    RAE Final Decision
     24 April 2018
    Additional Information

    CGES is a joint stock company, owned by several shareholders: the State of Montenegro (55 %), Italian electricity TSO Terna S.p.A. (cc. 22.1%); Serbian electricity TSO, Elektromreže Srbije-EMS (10 %), custodial accounts, funds and other legal persons (5.3 %) and natural persons (7.5%).

    The transmission system operator was conditionally certified by the national regulatory authority in 2018, following the Secretariat’s positive Opinion. The conditions to appoint a compliance officer and to initiate amendments to the Energy Law or an enabling regulation to ensure the separation of control, in order to exclude the influence of the Ministry of Finance on the decisions of the Government when it comes to proposing the members of the management bodies as state capital representatives in the EPCG and Montenegro Bonus, have been fulfilled. The amendments of the Energy Law have been adopted and with that all conditions from the final decision have been complied.

Two companies in Bosnia and Herzegovina are active in the electricity transmission: NOS BiH Sarajevo, acting as an independent system operator and operating competitive balancing market and JSC Elektroprenos Banja Luka (also called TransCo), acting as a transmission operator. Both companies are controlled by the entities’ governments that are also responsible for operation of the public generation and supply utilities. Elektroprenos is 100% owned by the two entities: Federation of BiH 58.90% and Republika Srpska 41.10%. The authority exercising the rights of the owners is the Ministry of Foreign Trade and Economic Relations of Bosnia and Herzegovina, whereas for NOS BiH no shares are issued.

 

There is no legal framework transposing the Third Energy Package in Bosnia and Herzegovina governing unbundling of the electricity transmission system operator(s). The draft Law on Regulator, Transmission and Electricity Market and the complementary law on the establishment of a transmission system operator for electricity, both aiming to transpose the Third Package at the state level, are prepared, but have not been adopted so far.

  • Certification of electricity TSO: Moldelectrica - ISO unbundling model (2)
    CERTIFICATIONS STEPS
    Moldelectrica Application
     7 September 2022
    ANRE Initial Preliminary Decision
     9 December 2022
    ANRE Preliminary Decision
     31 March 2023
    Secretariat's Opinion
     12 May 2023
    ANRE Final Decision
     12 July 2023
    Additional Information

    Moldelectrica is a state-owned enterprise under Moldovan law. Its Founder, the Ministry of Energy, is the sole shareholder of the company and exercises the functions and attributions of the State as an owner. With the amendments to the Electricity Law in February 2022, the ISO unbundling model has been transposed (in addition to the ownership unbundling model) and Moldelectrica submitted its second application for certification under this model.

    In its Preliminary Decision, ANRE came to the conclusion that Moldelectrica can be certified preliminarily as an independent system operator.

    In its Opinion 02/2023, the Secretariat raised concerns about potential conflicts of interest between persons and institutions engaged in transmission activities, on the one hand, and persons and institutions engaged in supply and generation activities, on the other. To address this, the Secretariat requested ANRE to introduce a number of additional safeguards before issuing the Final Decision. Among others, the Secretariat requests that a supervisory board with a majority of independent members is established in Moldelectrica after the expiry of the current members’ mandates.

    Upon a positive opinion by the Secretariat, ANRE  has conditionally certified Moldelectrica under Independent System Operator Model.

  • Certification of electricity TSO: Moldelectrica - Ownership unbundling model (1)
    CERTIFICATIONS STEPS
    Moldelectrica Application
     16 October 2018
    ANRE Preliminary Decision
     5 June 2019
    ECS Certification Hearing (workshop in Chisinau)
     6 February 2020
    Secretariat's Opinion
     11 October 2019
    Additional Information

    Moldelectrica is a State enterprise and its founder is the Ministry of Economy and Infrastructure, which performs the functions of the State as an owner.

    On 11 October 2019, the Secretariat issued a negative opinion on Preliminary Decision on certification of Moldelectrica because the conditions on separation of control and ownership over transmission were not fulfilled. In particular, Moldelectrica does not own the transmission assets, which is one of the conditions for certification under the ownership unbundling model. In addition, both Moldelectrica, and the Public Property Agency (which exercises direct control over the state companies involved in generation and supply activities of electricity and gas), were directly controlled by the same public body, the Ministry of Economy.

    Final Decision has not yet been adopted by ANRE. It expected to be completed after the transposition of the Independent System Operator in the Law on Electricity.

  • Certification of gas TSOs: Vestmoldtransgaz
    CERTIFICATIONS STEPS
    Vestmoldtransgaz Application
     5 November 2020
    ANRE Preliminary Decision
     10 March 2021
    Secretariat's Opinion
     9 July 2021
    ANRE Final Decision
     3 September 2021
    Additional Information

    Vestmoldtransgaz, an emerging transmission system operator, was founded by the Moldovan Government and sold in 2018 to Eurotransgaz, a company owned by the Romanian TSO Transgaz.

    On 9 July 2021, the Secretariat issued Opinion 2/2021, in which largely supported the certification of Vestmoldtransgaz in line with ANRE’s Preliminary Decision no 89/2021. However, the Secretariat found that before its commercial operation date (envisaged for 1 October 2021), Vestmoldtransgaz is not yet performing actual transmission services, but fulfills other important tasks of a transmission system operator. The Secretariat suggested that ANRE, in its Final Decision, demands that Vestmoldtransgaz presents ANRE a detailed roadmap with the remaining milestones leading to full commercial operation on 1 October 2021, and that all milestones are completed at least one month before commercial operation date.

    The derogation for unbundling and certification of Moldova's gas TSOs expired on 1 January 2020.

  • Certification of gas TSOs: Moldovatransgaz Certification steps yet to be initiated
    CERTIFICATIONS STEPS
    Moldovatransgaz Application
     30 April 2021
    ANRE's refusal to certify as an ITO
     26 August 2021
    Additional Information

    The derogation for unbundling and certification of Moldova's gas TSOs expired on 1 January 2020.

    Moldovatransgaz is not unbundled under any of the models of the Third Energy Package, and is subject to dispute settlement proceedings in case ECS-31/21.