Secretariat initiates dispute settlement procedure against Moldova for lack of virtual reverse gas flow

Today, the Secretariat submitted an Opening Letter to Moldova to address its failure to adopt the legal framework necessary for the transmission system operator to effectively offer backhaul capacity. In the Opening Letter, the Secretariat preliminarily concludes that although Moldova transposed the provision of the network code obliging transmission system operators to offer backhaul capacity, it failed to adopt necessary provisions for the customs clearance of such transactions. 
 
In the Secretariat’s preliminary assessment, by not adopting the necessary provisions for customs treatment of virtual reverse gas flows, Moldova failed to comply with its obligation to implement the network code and therefore to comply with its obligations under the Energy Community Treaty.
 
This procedural step comes after numerous discussions with all stakeholders involved which could not achieve compliance with the Energy Community Treaty. Compliance is of utmost importance for security of supply of Moldova.
 
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 Deputy Director and Legal Counsel at [email protected] or +43 1 535 2222 24 and should make reference to the relevant case number ECS-3/20.