Prishtina, 12 October 2011 Minister of Economic Development (MED), Besim Beqaj, called the Energy Community Treaty (ECT) opinion a very important moment. The opinion concludes that Serbia has violated the Treaty rules vis-à-vis Kosovo, and was requested to rectify the concluded violations within two months.
Minister Beqaj made these comments today in a joint conference with KOSTT Managing Director, Fadil Ismajli, introducing details of this opinion and its relevance, and it was said that Republic of Kosovo is appropriately positioned in ECT.
On this occasion, Minister Beqaj highlighted that in addition to the financial and technical aspects, this opinion of the ECT Secretariat is also important because Republic of Kosovo marks a legal victory in this mechanism, and it is now clear as to who has breached the Treaty.
He said that Serbia may further choose continue to produce such manipulations, but what is now important is that a violation has been unanimously confirmed, and Kosovo will follow all necessary procedures to realize what was denied to it for years.
Minister Beqaj said that Kosovo is already represented in the Advisory Committee of the ECT, in addressing disputes, and is currently underway to appoint one official for the drafting of the regional energy strategy in ECT, upon a request from the Treaty. The Minister also said that Kosovo has met all obligations deriving from this treaty, including legislative requirements, i.e. adoption of laws, such as the law on efficiency, action plans, etc, and currently we are preparing for bilateral agreements.
From his part, KOSTT Managing Director, Fadil Ismajli, provided details of the ECT opinion on the dispute Kosovo-Serbia, and said that it concludes that Serbia has violated Articles 3 and 6, on compensation for electricity transits and the use of revenues from allocating transmission capacity on electricity interconnectors operated by KOSTT.
He said that this opinion obliges Serbia to rectify the violation within two months, otherwise the case will go to the ECT Ministerial Council, and in case of the incompliance, Kosovo may bring this case to the international court, because damages caused to our country vary from 5 to 10 million Euros per year.
ECT opinion is a response to the complaint filed by KOSTT in 2008 and, among other, it provides that The Secretariat is of the view that EMS conduct, attributable to the Republic of Serbia, fails to comply with Articles 3 and 6 of Regulation (EC) 1228/2003 on conditions for access to the network for cross-border exchanges in electricity.