summary of the case
| status: | closed by Ministerial Council Decision / not complied after Art.91 MC Decision |
|---|---|
| registered: | ex officio 2018 |
The Regulation (EU) 347/2013 on guidelines for trans- European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009 (hereinafter, Regulation (EU) 347/2013) was incorporated in the Energy Community acquis communautaire by Decision 2015/09/MC-EnC of the Ministerial Council of the Energy Community of 16 October 2015. The Contracting Parties were under an obligation to implement the Regulation and notify the Energy Community Secretariat by 31 December 2016.
Article 3(1) of Decision 2015/09/MC-EnC requires the Contracting Parties to bring into force the laws, regulations and administrative provisions necessary to comply with the Regulation (EU) 347/2013 by 31 December 2016, and to apply them as from 1 January 2017. Article 3(2) of Ministerial Council Decision 2015/09/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 2015/09/MC-EnC.
Despite 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, neither an Administrative Instruction nor any other legislative measure meant to transpose the Regulation (EU) 347/2013 has been adopted.
The Secretariat preliminarily found that by failing to adopt the laws, regulations and administrative provisions necessary to comply with Regulation (EU) No 347/2013 of the European Parliament and of the Council on guidelines for trans-European energy infrastructure by 31 December 2016 pursuant to Article 3(1) of Ministerial Decision 2015/09/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 3(1) and (2) of Ministerial Council Decision 2015/09/MC-EnC.
With the adoption of Decision 2018/09/MC-EnC, the procedure under Article 91 of the Treaty in Case ECS-04/18 is closed.
procedural history
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22 June 2018: Reasoned Request
Case
On 22 June 2018, the Secretariat submitted a Reasoned Request to the Ministerial Council against Ukraine, which failed to transpose the Regulation (EU) No 347/2013 by 31 December 2016 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 3(1) and (2) of Ministerial Council Decision 2015/09/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: Decision on the failure
Steps taken
By failing to adopt and apply the laws, regulations and administrative provisions necessary to comply with Regulation (EU) 347/2013, as adapted and adopted by Energy Community by 31
December 2016 pursuant to Article 3(1) of Ministerial Decision 2015/09/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 3(1) and (2) of Ministerial Council Decision 2015/09/MC-EnC.Procedure
Ukraine is asked to report to the Secretariat and the Permanent High Level Group about the measures taken. The ministers invited the Secretariat to initiate a procedure under Article 92 of the Treaty lf the breach has not been rectified by 1 July 2019.