summary of the case
| status: | closed by Ministerial Council Decision / complied after Art.91 MC Decision |
|---|---|
| registered: | ex officio 2016 |
Directive 2010/31/EU was incorporated in the Energy Community acquis communautaire by Decision 2010/02/MC-EnC of 24 September 2010 amending Decision 2009/05/MC-EnC of 18 December 2009 of the Ministerial Council of the Energy Community on the implementation of certain Directives on energy efficiency.
In order to support Contracting Parties in the implementation of Directive 2010/31/EU, the Secretariat launched in 2011 a “Study on Energy Efficiency in Buildings in the Contracting Parties of the Energy Community.” The implementation of Directive 2010/31/EU was monitored by the Secretariat against the study’s recommendations and roadmap. On 6 February 2015, the Secretariat sent the (draft) Law on Energy Performance of Buildings transposing the Directive 2010/31/EU, to the Minister of Environment and Spatial Planning and the Minister of Economic Development. In its annual Implementation Reports of 2013 2014 and 2015 the Secretariat underlined that the first priority for Kosovo* should be the adoption of primary and secondary legislation required to transpose Directive 2010/31/EU.
On 14 October 2016, the Ministerial Council decided on the failure by Kosovo* to comply with its obligations under the Treaty related to the transposition of Directive 2010/31/EU. By adopting a national legislation transposing the Directive 2010/31/EU on the energy performance of buildings in December 2016 and notification to the Secretariat Kosovo* complied with Ministerial Council Decision 2016/10/MC-EnC.
procedural history
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13 May 2016: Reasoned Request
Case
The Reasoned Request is against Albania and Kosovo* for failing to transpose Directive 2010/31/EU on the energy performance of buildings and failing to forthwith notify those measures to the Secretariat. These Contracting Parties failed to comply with Articles 6 and 89 of the Energy Community Treaty as well as Article 28(1) subparagraph 1 and paragraph (2) of the Directive 2010/31/EU as adapted by Article 1(3)(g) of Ministerial Council Decision 2010/02/MC-EnC.
Procedure
Under the Dispute Settlement Rules as amended in October 2015 (PA 2015/04/MC-EnC), the Ministerial Council abolished the preliminary procedure in dispute settlement proceedings for non-transposition. Hence, the Secretariat is obliged to submit a reasoned request to the Ministerial Council directly, without performing a preliminary procedure.
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14 October 2016: Ministerial Council Decisions on failure
Steps taken
On 14 October 2016, the Ministerial Council took decisions on the failure by Albania and Kosovo* to comply with certain obligations under the Treaty. The Ministerial Council declared the existence of a breach by these two Contracting Parties of their obligations to transpose the Energy Performance of Buildings Directive by 30 September 2012 and to forthwith notify those measures to the Secretariat. These Contracting Parties failed to comply with Articles 6 and 89 of the Energy Community Treaty as well as Article 28 of the Energy Performance of Buildings Directive as adapted by point g. of Article 1(3) of Ministerial Council Decision 2010/02/MC-EnC.
In Article 2 of the Decisions, the ministers urge Albania and Kosovo* to "take all appropriate measures to rectify the breaches identified in Article 1 and ensure compliance with Energy Community law, in cooperation with the Secretariat, by December 2016".
Procedure
Albania and Kosovo* are 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.
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19 January 2017: Compliance with Ministerial Council Decision
Following Kosovo*’s adoption of national legislation transposing the Directive 2010/31/EU on the energy performance of buildings in December 2016 and their notification to the Secretariat, the Contracting Party has rectified the breaches identified in case ECS-11/16 and has complied with Ministerial Council Decisions 2016/09/MC-EnC and 2016/10/MC-EnC.