summary of the case
| status: | closed by Ministerial Council Decision / not complied after Art.91 MC Decision |
|---|---|
| registered: | ex officio 2014 |
Directive 2006/32/EC defines energy efficiency as "a ratio between an output of performance, service, goods or energy, and an input of energy". The purpose of the Directive 2006/32/EC on energy end-use efficiency and energy services is to make the end-use of energy more economic and efficient by establishing indicative targets and incentives as well as the institutional, financial and legal frameworks needed to eliminate market barriers and imperfections which prevent efficient end-use of energy. Furthermore, the Directive calls for the creation of conditions for the development, the promotion of a market for energy services and for the delivery of energy-saving programmes and other measures aimed at improving end-use energy efficiency.
The Secretariat considers the transposition and application of the Directive in the Contracting Parties a priority and a symbol of the Treaty’s commitment for improving end-use energy efficiency in the Energy Community. In its implementation reports, the Secretariat repeatedly underlined that Bosnia and Herzegovina needs to take substantial steps in order to transpose and implement Directive 2006/32/EC. The deadline for transposition expired at the end of 2011.
With the adoption of Decision 2018/04/MC-EnC, the procedure under Article 91 of the Treaty in Case ECS 01/14 is closed.
procedural history
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3 March 2014: Opening Letter
Case
On 3 March 2014, the Energy Community Secretariat, acting under Article 90 of the Treaty, sent an Opening Letter to Bosnia and Herzegovina for failure to fully transpose and implement the requirements of Directive 2006/32/EC on energy end-use efficiency and energy services. The deadline for transposition expired at the end of 2011.
Procedure
With the present Opening Letter, the Secretariat initiates preliminary procedures in accordance with Article 12 of the Rules of Procedure for Dispute Settlement. The purpose of this initial step in the procedure is to give Bosnia and Herzegovina the possibility to react to the allegation of non-compliance with the relevant Energy Community law in question as well as enabling the Secretariat to establish the full factual and legal background of the case. Bosnia and Herzegovina has been given the possibility until 3 May 2014 to comply of its own accord with the requirements of the Treaty, or to justify its position.
According to Articles 6 and 16 of the Rules of Procedure for Dispute Settlement, interested parties may be granted access to the case file and may submit written observations on the present case to the Secretariat within one month from 3 March 2014.
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15 March 2017: Reasoned Opinion
Steps taken
On 15 March 2017, the Secretariat submitted two Reasoned Opinions as the next step in the dispute settlement cases against Albania and Bosnia and Herzegovina.
Reasoning
In case of Bosnia and Herzegovina, legislation is still missing or not yet applicable in the Federation of Bosnia and Herzegovina and the Brčko District. Also the Energy Efficiency Action Plan covering the full territory of the Contracting Party has not been adopted to date.
Procedure
With the present Reasoned Opinion, Bosnia and Herzegovina is requested to rectify the identified issues of non-compliance within a time limit of two months.
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19 May 2017: Reasoned Request
After carrying out a preliminary procedure, the Secretariat submitted a Reasoned Request on Bosnia and Herzegovina's failure to comply with the Energy Community’s rules on energy efficiency and in particular with regard to provisions related to energy audits, model contracts for financial instruments as well as the lack of adoption of an energy efficiency action plan and the lack of establishment of a national energy efficiency target.
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2 February 2018: Ministerial Council Decision on failure
Steps taken
On 2 February 2018, the Ministerial Council took a decision via written procedure on the failure by Bosnia and Herzegovina to comply with certain obligations under the Treaty. By the this decision, the Ministerial Council decided that by the lack of adoption of secondary legislation for energy audits, legislation to ensure the exemplary role of the public sector, legislation on model contracts for financial instruments, by not setting a national energy efficiency savings target and not adopting relevant methodology in one or more of its entities as well as the lack of submission of an Energy Efficiency Action Plan covering the full territory of the Contracting Party, Bosnia and Herzegovina failed to comply with Articles 4(1), 9(2), 12, 14(2) as well as Annexes I and IV of Directive 2006/32/EC.
In Article 2 of the Decision, the ministers urge Bosnia and Herzegovina "to rectify the breaches identified in Article 1 and ensure compliance with Energy Community law immediately ".
ProcedureBosnia and Herzegovina is asked to report to the Secretariat and the Permanent High Level Group about the measures taken. The ministers invited the Secretariat to initiate procedures under Article 92 of the Treaty if the breaches are not rectified.