Serbia is changing energy law: state commission for energy networks to be established

The Government of Serbia has adopted changes to the Law on Energy which envisages the establishment of a Republic Commission for Energy Networks and creates the conditions for the certification of Elektromreža Srbije as a transmission system operator to receive positive opinion by the Secretariat of the Energy Community.

The Government of Serbia said that changes to the Law on Energy harmonize the national law with the European Union’s regulations in the energy sector.

The government said that, under the proposed changes, a Republic Commission for Energy Networks would be established as an independent body for the control of transmission system operators (TSOs) for electricity (Elektromreža Srbije – EMS)and natural gas (Transportgas Srbija).

The commission appoints and dismisses the representative of the Republic of Serbia in the shareholder’s assemblies of transmission system operators. The president and the four members of the commission are elected by the National Assembly of Serbia on the proposal of the assembly’s energy committee.

EMS certification has not been greenlighted since 2017

The bill also resolves the dispute regarding EMS certification. According to the Third Energy Package, the Law on Energy envisages that EMS and Transportgas Serbia must be certified in line with the law before receiving a license for the transmission system operator. The certification procedure has to determine if the state control of the TSO, and the producer and supplier of electricity is separated.

The EMS was carried out by the Energy Agency of the Republic of Serbia (AERS) and made a decision on certification in August 2017, but the Secretariat of the Energy Community did not give a positive opinion, so the issue has been open ever since.

The proposed changes to the Law on Energy specifies the provisions that will indisputably enable proving that the control over the TSO EMS and the firm for the production, distribution and supply of electricity, which was founded by the Republic of Serbia, is not performed by the same person, the government said.

In addition to recognizing the certification of EMS, the proposed changes should also enable the certification of Transportgas Srbija.