Secretariat issues Opinion on the preliminary decision of the Kosovo* regulator on certification of the electricity transmission system operator

5 February 2019

Today, the Energy Community Secretariat published its Opinion on the certification of the Kosovo Transmission System Operator (KOSTT), under the Third Energy Package. The Opinion supports the certification of KOSTT in line with the Preliminary Decision of the Energy Regulatory Office of Kosovo* (ERO), subject to several remarks. The Secretariat also called on ERO to monitor the compliance of KOSTT with the unbundling provisions.

In particular, the Secretariat required ERO to further assess and elaborate on the process of appointment of members to the Board of Directors of KOSTT by the Kosovo* Assembly and to ensure that the same person is not a member of the board of both a generator and a transmission system operator. A framework should also be put in place to ensure that KOSTT operates independently from the Government, the Ministry of Economic Development and the Ministry of Finance (e.g. rules on information sharing, reporting and decision-making concerning transmission assets).

ERO is also invited to request the implementation of a compliance programme and appointment of a compliance officer, and to ensure that it reports about the relations between the two public bodies controlling KOSTT (controlled by the Assembly) and the state-owned generation utility Kosovo Energy Corporation (KEK)/hydro power plant Ujmani (controlled by the Government, through the Ministry of Economic Development).

As required under Article 10 of Directive 2009/72/EC and Article 3 of Regulation (EC) 714/2009, ERO is to adopt a final certification decision, taking the utmost account of the opinion of the Secretariat.

 

*This designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the ICJ Opinion on the Kosovo declaration of independence.