Yesterday, the Advisory Committee has rendered its opinions in Case ECS-13/17 against Serbia and Case ECS-7/18 against Moldova, upholding the Reasoned Requests submitted by the Energy Community Secretariat to the Ministerial Council for its decision.
Case ECS-13/17 concerns the unjustified exclusion by Srbijagas of the Horgoš entry point from unrestricted and non-discriminatory third party access and from open capacity allocation procedures as required under Directive 2009/73/EC and Regulation (EC) 715/2009. The Advisory Committee has confirmed the Secretariat’s argumentation that no valid ground for justification of such exclusion exists and therefore, Serbia violates Energy Community law. On account of the continuing refusal to grant third party access, the Horgoš entry point is systematically underused and the Serbian gas market remains foreclosed.
Case ECS-7/18 concerns the lack of proper transposition of the provisions of Directive 2001/80/EC and Directive 2010/75/EU in relation to the limitation of emissions from large combustion plants. The Advisory Committee has confirmed the Secretariat’s assessment of the legal situation in Moldova and considered that the Contracting Party failed to fulfil its obligations under the Treaty’s provisions aimed at reducing air pollution. In this context, the Advisory Committee also confirmed that the bilateral association agreement with the EU does not take primacy over Energy Community law.
The Advisory Committee’s opinion is required as a last step before the Ministerial Council takes a decision on the matter. The Ministerial Council will take its decisions by correspondence.