summary of the case
| status | closed by Ministerial Council Decision / not complied after Art.91 MC Decision |
|---|---|
| registered: | ex officio 2018 |
The Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (hereinafter, Directive 2012/27/EU) was incorporated in the Energy Community acquis communautaire by Decision 2015/08/MC-EnC of the Ministerial Council of the Energy Community of 16 October 2015.
Article 1 of Decision 2015/08/MC-EnC requires the Contracting Parties to bring into force the laws, regulations and administrative provisions necessary to comply with the Directive 2012/27/EU and to apply them as of 15 October 2017. Article 1 of Ministerial Council Decision 2015/08/MC-EnC also requires the Contracting Parties to communicate to the Energy Community Secretariat the text of the main provisions of national law, which they adopt in the field covered by Decision 2015/08/MC-EnC. Article 6 of the Treaty imposes upon the Parties the general obligation to take all appropriate measures, whether general or particular, to ensure fulfillment of the obligations arising out of the Treaty. Article 89 of the Treaty requires Parties to implement Decisions addressed to them in their domestic legal system within the period specified in the Decision.
Despite numerous reminders and the assistance offered by the Secretariat, Ukraine to date has not taken the measures necessary to comply with its obligations. At the date of submitting this Reasoned Request, no other legislative measure meant to transpose the Directive 2012/27/EU has been adopted.
The Secretariat preliminarily found that by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2012/27/EU on energy efficiency by 15 October 2017 pursuant to Article 1 of Ministerial Decision 2015/08/MC-EnC and by failing to forthwith notify those measures to the Secretariat, Ukraine fails to comply with Articles 6 and 89 of the Energy Community Treaty as well as Article 1 of Ministerial Council Decision 2015/08/MC-EnC, and on 18 May 2018, it submitted a Reasoned Request to the Ministerial Council.
With the adoption of Decision 2018/06/MC-EnC the procedure under Article 91 of the Treaty in Case ECS 01/18 is closed. On 26 June 2020, the Secretariat initiated by submitting a Reasoned Request to the Ministerial Council under Article 92 of the Treaty.
procedural history
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18 May 2018: Reasoned Request
Case
On 18 May 2018, the Secretariat submitted a Reasoned Request to the Ministerial Council against Ukraine, which failed to transpose the Directive 2012/27/EU by 15 October 2017 and failed 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 1 of Ministerial Council Decision 2015/08/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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29 November 2018: Ministerial Council Decision on failure
Steps taken
By failing to adopt and apply the laws, regulations and administrative provisions necessary to comply with the Directive 2012/27/EU, as adapted and adopted by Energy Community by 15 October 2017 pursuant to Article 1 of Ministerial Decision 2015/08/MC-EnC and by failing to forthwith notify those measures to the Secretariat, Ukraine fails to comply with Articles 6 and 89 of the Energy Community Treaty as well as Article 1 of Ministerial Council Decision 2015/08/MC-EnC.Procedure
Ukraine shall report regularly to the Secretariat and the Permanent High Level Group about the measures taken in 2019. lf the breach has not been rectified by 1 July 2019, the Secretariat is invited to initiate a procedure under Article 92 of the Treaty.