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.“
The time limit for Kosovo* to take measures necessary to comply with Article 2 of Decision 2016/12/MC-EnC as well as Articles 6 and 89 of the Treaty expired on 1 January 2019. Kosovo* to date has not adopted the measures necessary to implement Decision 2016/12/MC-EnC.
procedural history
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14 July 2022: Reasoned Request
Case
On 14 July 2022, the Secretariat submitted a Reasoned Request to the Ministerial Council against Kosovo*, which failed to transpose 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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15 December 2022: Ministerial Council decision on failure
Steps taken
On 15 December 2022, the Ministerial Council took a decision on the failure by Kosovo* to comply with certain obligations under the Treaty. The Ministerial Council declared the existence of a breach by Kosovo* of its 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 2022/10/MC-EnC, the ministers urge Kosovo* to take all appropriate measures to rectify the breaches identified in Article 1 and ensure compliance with Energy Community law, by 1 July 2023.
ProcedureKosovo* 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 2023.