Serbia amends the Energy Law to ensure unbundling of the electricity and gas Transmission System Operators

Amendments to the Serbian Energy Law adopted in July 2023 establish an independent Republic Commission on Energy Network to exercise control over the electricity and gas transmission system operators (TSOs). The Commission, under the control of the Parliament, is competent to appoint and dismiss the representatives of the Republic of Serbia in the TSOs’ general assemblies. The undertakings engaged in generation and supply of electricity and gas remain under the control of the Ministry for Energy.

With these amendments to the Energy Law, Serbia took a major step towards completing the unbundling of its TSOs. The Energy Agency of the Republic of Serbia (AERS) which certified the electricity TSO, EMS (AERS Decision No 312-3/20), in 2017 in spite of the Secretariat’s negative Opinion 3/17 on the Preliminary Decision, is expected to reassess compliance with the unbundling criteria due to change in control over the TSOs as required by Article 10 of Directive 2009/72/EC and Article 52 of Directive (EU) 2019/944.