On 3 July, the Energy Community Secretariat initiated an ex officio preliminary dispute settlement procedure against Serbia for breaching the unbundling and certification rules of the Third Energy Package in the gas sector. In its Opening Letter, the Secretariat takes the view that by certifying Yugorosgaz-Transport under the independent system operator (ISO) model without fulfilling the corresponding obligations regarding unbundling, Serbia fails to comply with its obligations under the Energy Community Treaty.
The present ISO model for Yugorosgaz-Transport does not ensure that the transmission network is managed by an operator which is fully independent from supply and production interests within the vertically integrated undertaking and, at the same time, effectively performs all transmission system operator functions required by the Third Energy Package (operation, development and maintenance of the system). As a precondition, it must be ensured that the ISO has the necessary powers and resources to operate the system independently from the vertically integrated undertaking.
Interested parties may be granted access to the case file and may submit written observations on the present case. All requests for information should be addressed to the Deputy Director and Legal Counsel at firstname.lastname@example.org or +43 1 535 2222 24 and should make reference to the relevant case number (ESC 10/17).