summary of the case
| status | opened under Article 92 |
|---|---|
| registered: | 12.10.2017 |
On 14 October 2016, the Ministerial Council adopted Decision 2016/03/MC-EnC in Case ECS-02/13 establishing a breach of Energy Community law by declaring that Bosnia and Herzegovina, by failing to ensure that heavy fuel oils are not used if their sulphur content exceeds 1.00% by mass on its entire territory and failing to ensure that gas oils are not used if their sulphur content exceeds 0.1% by mass on its entire territory, failed to comply with Article 3(1) and Article 4(1) of Directive 1999/32/EC in conjunction with Article 16 of the Treaty.
Bosnia and Herzegovina was required to take all appropriate measures to rectify the breaches identified in Article 1 of Decision 2016/03/MC-EnC and ensure compliance with Energy Community law immediately, as well as to report regularly to the Secretariat and the Permanent High Level Group about the measures taken. The Secretariat was invited to initiate a procedure under Article 92 of the Treaty in case the breaches were not rectified.
Despite the proactive role and the efforts of the Secretariat to provide assistance as well as following numerous reminders and several meetings, the situation as regards the compliance of the national legislation of Bosnia and Herzegovina with Directive 1999/32/EC remained unchanged since the last decision of the Ministerial Council and the breaches identified in Decision 2016/03/MC-EnC have not been remedied.
Therefore, on 12 October 2017, the Secretariat initiated Case ECS-02/13S by submitting a Reasoned Request to the Ministerial Council under Article 92 of the Treaty.
In its Reasoned Request, the Secretariat submitted that the non-implementation of a Ministerial Council Decision 2016/03/MC-EnC under Article 91 of the Treaty by Bosnia and Herzegovina in itself constitutes a breach of Energy Community law. The Secretariat requested the Ministerial Council to declare that the breach identified is serious and persistent breach within the meaning of Article 92(1) of the Treaty.
By its Decision 2018/13/MC-EnC of 29 November 2018, the Ministerial Council established a serious and persistent breach of the Energy Community law by declaring that Bosnia and Herzegovina had failed to implement Decision 2016/03/MC-EnC, and invited the Secretariat to request Measures under Article 92 of the Treaty in 2019 if Bosnia and Herzegovina fails to implement Ministerial Council Decision 2016/03/MC-EnC by 1 July 2019.
As detailed in the procedural history, since 2020 Bosnia and Herzegovina has been subject to measures imposed by the Ministerial Council under Article 92 of the Treaty. Due to the lack of unanimity, those measures have not been extended in 2022.
REFERENCE DOCUMENTS
- Decision 2020/02/MC-EnC on extending the measures imposed on Bosnia and Herzegovina under Article 92(1) of the Treaty in Cases ECS-8/11 S, ECS-6/16 S and ECS-2/13 S
- Decision 2018/13/MC-EnC on the determination of a serious and persistent breach of the Treaty by Bosnia and Herzegovina
- Reasoned Request on Case ECS 02/13S against Bosnia and Herzegovina
procedural history
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12 October 2017: Reasoned Request
Steps taken
On 12 October 2017, the Secretariat submitted a Reasoned Request on the Case ECS-2/13S following failure of Bosnia and Herzegovina to implement Ministerial Council Decision
2016/03/MC-EnC and thus to rectify the breaches identified therein. The failure constitutes a serious and persistent breach within the meaning of Article 92(1) of the Treaty. -
29 November 2018: Decision on serious and persistent breach
By its Decision 2018/13/MC-EnC of 29 November 2018, the Ministerial Council established a serious and persistent breach of the Energy Community law by declaring that Bosnia and Herzegovina had failed to implement Decision 2016/03/MC-EnC, and invited the Secretariat to request Measures under Article 92 of the Treaty in 2019 if Bosnia and Herzegovina fails to implement Ministerial Council Decision 2016/03/MC-EnC by 1 July 2019.
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13 December 2019: Request for measures
On 8 October 2019, the Secretariat submitted Request for measures under Article 92 of the Treaty in Case ECS-2/13 S. Due to lack of unanimity, the Ministerial Council did not adopt a decision on the Request, and measures against Bosnia and Herzegovina were not imposed.
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29 December 2020: Extension of measures
Based on a Request submitted by the Secretariat on 8 October 2019, the Ministerial Council adopted Decision 2020/02/MC-EnC of 29 December 2020, extending the measures imposed on Bosnia and Herzegovina under Article 92(1) of the Treaty in Cases ECS-8/11 S, ECS-6/16 S and ECS-2/13S, as well as suspending the right of Bosnia and Herzegovina to participate in votes for Decisions under Article 91 and 92 of the Treaty, until the meeting of the Ministerial Council in 2022.
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30 August 2022: Request for extension of measures
On 30 August 2022, the Secretariat submitted Request for measures under Article 92 of the Treaty in Case ECS-8/11 S. Due to lack of unanimity, the Ministerial Council did not adopt a decision on the Request, and measures against Bosnia and Herzegovina adopted under Article 92 imposed by Article 2(2) of Decision 2015/10/MC-EnC have not been extended and the additional measures requested by the Secretariat have not been adopted.