On 26 April 2019, the Secretariat submitted a Reasoned Request to the Ministerial Council for a decision under Article 91 of the Energy Community Treaty. It concerns Serbia’s failure to comply with its obligations under the Treaty, in particular Articles 10, 14, 15 and 11 of Directive 2009/73/EC and Article 24 of Regulation (EC) 715/2009, because the regulatory authority certified Yugorosgaz-Transport under the Independent System Operator model without fulfilling the requirements.
It is not ensured 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). Therefore, the Secretariat concludes that the regulatory authority failed to comply with the unbundling provisions when issuing a decision certifying Yugorosgaz-Transport.
Before the Ministerial Council will take a decision, the Advisory Committee will give an opinion on the Reasoned Request.