summary of the case
| status: | closed by Ministerial Council Decision / not complied after Art.91 MC Decision |
|---|---|
| registered: | ex officio |
In April 2014, the European Union adopted Directive 2014/52/EU amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment.
Directive 2014/52/EU was incorporated in the Energy Community acquis communautaire by Decision 2016/12/MC-EnC of the Ministerial Council adapting and implementing Directive 2011/92/EU of the European Parliament and of the Council, and amending the Treaty establishing the Energy Community (hereinafter: Decision 2016/12/MC-EnC).
Article 2 of the Ministerial Council Decision 2016/12/MC-EnC, reads:
- „Without prejudice to Article 3, Contracting Parties shall bring into force the laws, regulations and administrative provisions necessary to comply with Directive 2011/92/EU as amended by Directive 2014/52/EU by 1 January 2019 with the exception of the provisions referring to Directives not covered by Article 16 of the Treaty establishing the Energy Community. They shall forthwith inform the Energy Community Secretariat thereof.
- Contracting Parties shall communicate to the Energy Community Secretariat the text of the main provisions of national law which they adopt in the field covered by this Decision.“
To date, the Secretariat has not even received draft legislation, let alone legislation in force, by Republic of Serbia aiming to achieve compliance with Decision 2016/12/MC-EnC, and to transpose the provisions of Directive 2014/52/EU.
The present Reasoned Request concerns non-compliance of Republic of Serbia with the obligation to adopt and implement the laws and administrative provisions necessary to comply with Decision 2016/12/MC-EnC by 1 January 2019 pursuant to Article 2(1) thereof, and to forthwith notify those measures to the Secretariat within the deadline specified in that Decision.
The case was closed and a breach was established for not transposing the Directive 2014/52/EU under Article 91 by Ministerial Council Decision 2021/09/MC-EnC adopted on 30 November 2021.
procedural history
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23 June 2021: Reasoned Request
Case
On 23 June 2021, the Secretariat submitted a Reasoned Request to the Ministerial Council against the Republic of North Macedonia, Republic of Serbia, Republic of Moldova, which failed to transpose the Directive 2014/52/EU by 1 January 2019.
This Contracting Party failed to comply with Articles 6 and 89 of the Energy Community Treaty as well as Article 2 of Decision 2016/12/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
On 30 November 2021, the Ministerial Council took decisions on the failure by Republic of Serbia to comply with certain obligations under the Treaty. The Ministerial Council declared the existence of a breach by Republic of Serbia of their obligations to transpose the Directive 2014/52/EU by 1 January 2019 and failed to forthwith notify those measures to the Secretariat. The Contracting Party failed to comply with Articles 6 and 89 of the Energy Community Treaty as well as Article 2 of Decision 2016/12/MC-EnC.
In Article 2 of the Decision 2021/09/MC-EnC, the ministers urge the Republic of Serbia to take all appropriate measures to rectify the breaches identified in Article 1 and ensure compliance with Energy Community law, by 1 July 2022.
Procedure
The Republic of Serbia is invited 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 by 1 July 2022.