Today, the Energy Community Secretariat published its Opinion on the Serbian regulator’s draft certification decision on Gastrans, the Serbian section of the TurkStream II pipeline system. In its Opinion, the Secretariat recalls that Gastrans has not been lawfully exempted from the unbundling provisions of the Gas Directive. The project does not enhance competition, as required for an exemption under Article 36 of the Gas Directive, but is detrimental to the development of competition on the Serbian market. By consequence, Gastrans is not eligible for a model of unbundling outside the Third Energy Package, as created by AERS, but can only be certified under the Gas Directive’s provisions on ownership unbundling.
AERS is to adopt a final certification decision, taking utmost account of the opinion of the Secretariat.