summary of the case
| status: | closed by Ministerial Council Decision / complied after Art. 91 MC Decision |
|---|---|
| registered: | ex officio 2021 |
The Regulation (EU) No 1227/2011 of the European Parliament and of the Council on wholesale energy market integrity and transparency (REMIT Regulation) was incorporated in the Energy Community acquis communautaire by Decision 2018/10/MC-EnC of the Ministerial Council of the Energy Community 29 November 2018.
Article 1(1) of the Ministerial Council Decision 2018/10/MC-EnC requires the Contracting Parties to transpose the REMIT Regulation by 29 November 2019. In accordance with Article 1(2) of the Ministerial Council Decision 2018/10/MC-EnC, the Contracting Parties were under an obligation to implement the REMIT Regulation by 29 May 2020.
Article 1(3) of the Ministerial Council Decision 2018/10/MC-EnC requires the Contracting Parties to notify the Energy Community Secretariat of the measures transposing the Decision, and any subsequent changes made to those measures, within two weeks following the adoption of such measures. ln transposing this Decision Contracting Parties were obliged to task national regulatory authorities with the monitoring of and enforcing compliance with the Ministerial Council Decision.
Article 6 of the Treaty imposes upon the Parties the general obligation to take all appropriate measures, whether general or particular, to ensure fulfilment 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.
procedural history
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26 March 2021: Reasoned Request
Case
On 26 March 2021, the Secretariat submitted a Reasoned Request to the Ministerial Council against Montenegro, which failed to transpose the Regulation (EU) No 1227/2011 by 29 November 2019 and failed to forthwith notify those measures to the Secretariat.
This Contracting Party failed to comply with Articles 6 and 89 of the Energy Community Treaty as well as Article 1 of Decision 2018/10/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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30 November 2021: Ministerial Council Decision on failure
Steps taken
After having considered the opinion of the Advisory Committee, which upheld the Reasoned Request, the Ministerial Council took a decision regarding the failure of Montenegro to comply with certain obligations under the Treaty. The Ministerial Council declared the existence of a breach by this Contracting Party of its obligations to transpose the Regulation (EU) No 1227/2011 on wholesale energy market integrity and transparency by 29 November 2019 and to forthwith notify those measures to the Secretariat. This Contracting Party failed to comply with Articles 6 and 89 of the Energy Community Treaty as well as Article 1(1) and (3) of Ministerial Council Decision 2018/10/MC-EnC.
In Article 2 of the Decision, the ministers urge Montenegro to take all appropriate measures to rectify the breaches identified in Article 1 and ensure compliance with Energy Community law immediately and not later than 1 July 2022.
Procedure
Montenegro is asked to report to the Secretariat and the Permanent High Level Group about the measures taken. The ministers invited the Secretariat to initiate the procedure under Article 92 of the Treaty if the breach is not rectified.
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10 January 2022: Compliance with Ministerial Council Decision
With the entry into force of the Law on surveillance of electricity and natural gas wholesale market in Montenegro on 10 January 2022, the Regulation (EU) No 1227/2011 on wholesale energy market integrity and transparency has been transposed, and Montenegro ensured compliance with the Ministerial Council decision.