The Energy Community (EC) Secretariat an-nounced that it has sent a Reasoned Opinion to Serbia for non-compliance of the electricity trans-mission operator EMS with its obligation under Energy Community law to participate in a region-ally coordinate mechanism for allocation of elec-tricity cross-border capacities.
The Reasoned Opinion is the second step in the dispute settlement procedure initiated by the Sec-retariat in 2011. Despite previous negotiations, EMS in no point in time complied with the relevant obligations of the EC acquis.
EMS is the only contracting party transmission op-erator that to date does not participate to any re-gionally coordinated allocation of cross-border ca-pacities, be it in the Southeastern European Coor-dinated Auction Office (SEE CAO) or the Joint Auc-tion Office (JAO). Participation in a regionally coor-dinated mechanism for allocation of electricity cross-border capacities was already an obligation under the Second Energy Package and continues to be under the Third Energy Package.
The failure of EMS to establish a common coordi-nated congestion management method and proce-dure for the allocation of capacity to the market, and the failure of the national Energy Regulatory Authority AERS to ensure compliance in that re-spect is attributable to Serbia under the Energy Community dispute settlement procedures.
