This is an issue in the domain of the relevant customs authorities rather than the responsibility of AERS. Based on the Energy Community Treaty, ratified in 2006, the Republic of Serbia assumed the responsibility to abolish custom duties and limitations on import and export quantities of electricity and gas for countries the EC Treaty applies to

PE “Elektromreza” (EMS) as the transmission system operator and electricity market operator in Serbia is responsible for the allocation of rights to use the available cross-border transmission capacities on interconnected power lines within the Serbian power system. Preliminary rules for allocation of rights to use available cross-border transmission capacities on interconnections of the Republic of Serbia, based on the market principle as an explicit auction on a monthly basis, are available on the PE EMS website (www.ems.rs).

The current wording of these Articles does not give any grounds or possibility for curtailiment outside of what Article 6(2) of Regulation 1228/2003 foresees as the only applicable reason ("emergency situations where the transmission system operator must act in an expeditious manner and redispatching or countertrading is not possible"). This clearly comes out of the stipulation of Article 10.3 of the Allocation Rules, which was introduced on the insisting of AERS. In the spirit of avoiding any doubt in this respect, albeit only lingual, we shall focus our efforts on reformulating the provisions of the abovementioned Articles in the Allocation Rules for 2013.

It is notorious that there are various nuances in comparative law (including that of EU Member States and their TSOs) regarding the definition of Force Majeure. Irrespective of this fact, and without opening an unnecessary academic debate on the issue, AERS shall construe the provisions of the Allocation Rules in such a manner that only measures required as an expeditious reaction to emergency situations can trigger capacity curtailment.