Case

On 20 January 2011, the Energy Community Secretariat sent Opening Letters to Bosnia and Herzegovina, as well as to Albania, Croatia, FYR of Macedonia, Montenegro and Serbia in accordance with Article 12 of the Rules of Procedure for Dispute Settlement. The Secretariat, acting under Article 90 of the Treaty, notes that these six Contracting Parties have not yet adopted a common coordinated congestion management method and procedure for the allocation of capacity to the market.

Procedure

With the present Opening Letters, the Secretariat initiated preliminary procedures, the purpose of which is giving the aforementioned Contracting Parties the possibility to react to the allegation of non-compliance with Energy Community law, and enabling the Secretariat to establish the full factual and legal background of the case. The Contracting Parties have been given until 21 March 2011 to comply of their own accord with the requirements of the Treaty, or to justify their position. According to Articles 6 and 16 of the Rules of Procedure for Dispute Settlement, interested parties may be granted access to the case file and may submit written observations on the present case to the Secretariat within one month from today.

On 13 Jan 2015, the Secretariat formally closed its Case ECS-02/11 against Bosnia and Herzegovina. 

Reasoning

The  South Eastern Europe Coordinated Auction Office (SEE CAO) become operational as of 27 November 2014, when the first yearly 2015 auctions were conducted for the borders Montenegro - Bosnia and Herzegovina, as well as Bosnia and Herzegovina - Croatia. Since January 2015 also monthly and daily auctions are conducted on the same borders.

Following the participation of Bosnia and Herzegovina and Montenegro to the SEE CAO, as a common coordinated congestion management method and procedure for the allocation of capacity, the Secretariat decided to close Cases ECS-02/11 and ECS-05/11.