On 14 July 2022, the Secretariat had submitted a Reasoned Request to the Ministerial Council under Article 911 of the Treaty concerning failure to transpose the so-called Connection Network Codes,2 incorporated in the Energy Community in 2018.3 Over the summer, namely on 25 August 2022 and 8 September 2022, the Government of Serbia adopted the network codes transposing the Energy Community’s Connection Network Codes on national level. This rectifies the breach identified in the Secretariat’s Reasoned Request. The Secretariat hence decided to withdraw its Reasoned Request.
“This is dispute settlement at its best,” said Legal Counsel and Deputy Director Dirk Buschle, “a Contracting Party responding swiftly to our calls to align its domestic laws to the European rules and standards. It also sends an important signal now that the Energy Community is preparing for taking over the network codes and guidelines on markets and operations.”
1 Case ECS-3/22.
2 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.
3 Permanent High Level Group Decisions 2018/03/PHLG-EnC, 2018/04/PHLG-EnC and 2018/05/PHLG-EnC.