summary of the case
| status: | opened under Article 92 |
|---|---|
| registered: | 12.10.2017 |
On 14 October 2016, the Ministerial Council adopted Decision 2016/07/MC-EnC in Case ECS-06/16 establishing a breach of Energy Community law by declaring that Bosnia and Herzegovina, by failing to adopt and apply the laws, regulations and administrative provisions necessary to comply with Directive 2009/72/EC, Directive 2009/73/EC, Regulation (EC) 714/2009 and Regulation (EC) 715/2009 by 1 January 2015, pursuant to Article 3(1) of Ministerial Decision 2011/02/MC-EnC and by failing to forthwith notify those measures to the Secretariat, failed to comply with Articles 6 and 89 of the Treaty as well as Article 3(1) and (2) of Ministerial Council Decision 2011/02/MC-EnC.
Bosnia and Herzegovina was required to take all appropriate measures to rectify the breach and ensure compliance with Energy Community law, in cooperation with the Secretariat, by December 2016, 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 had not been rectified.
Since Bosnia and Herzegovina did not take any measures to rectify the breach identified in Decision 2016/07/MC-EnC, the Secretariat initiated Case ECS-06/16S by submitting a Reasoned Request to the Ministerial Council under Article 92 of the Treaty. on 12 October 2017
In its Reasoned Request, the Secretariat submitted that the non-implementation of Ministerial Council Decision 2016/07/MC-EnC under Article 91 of the Treaty 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.
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 2018/16/MC-EnC on the determination of a serious and persistent breach of the Treaty by Bosnia and Herzegovina
- 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
- Reasoned Request on Case ECS 06/16S against Bosnia and Herzegovina
procedural history
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13 May 2016: Reasoned Request
Since Bosnia and Herzegovina did not take any measures to rectify the breach identified in Decision 2016/07/MC-EnC, on 12 October 2017, the Secretariat initiated Case ECS-06/16S 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 Ministerial Council Decision 2016/07/MC-EnC under Article 91 of the Treaty 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.
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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-6/16 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-8/11S, ECS-6/16S 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.