Today, the Secretariat sent a Reasoned Opinion addressing non-compliance with the Energy Community electricity rules to Serbia.
In 2022, the Secretariat had opened a dispute settlement procedure addressing the failure by Serbia’s TSO (EMS) to agree with Kosovo*’s TSO (KOSTT) on coordinated cross-border capacity allocation at the interconnection lines between Niš and Kosova B and between Kruševac and Podujeva. As EMS has not agreed with KOSTT on a mechanism to set the net transfer capacity (NTC), nor has it determined a value for the available interconnection capacity, the NTC value at these interconnection lines is zero. Moreover, the national regulatory authority of Serbia, AERS, did not ensure compliance by EMS with its obligations in this respect. Non-compliance affects the trade of electricity in the entire region.
The Reasoned Opinion is the second step in the dispute settlement procedure and takes into account the Reply by Serbia to the Opening Letter.
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 Legal Counsel and make reference to the relevant case number (ECS-2/21).