summary of the case
| status: | closed by Ministerial Council Decision / not complied after Art.91 MC Decision |
|---|---|
| registered: | ex officio |
Directive 2004/35/EC was incorporated in the Energy Community acquis communautaire by Decision 2016/14/MC-EnC of the Ministerial Council of 14 October 2016.
According to Article 3 of Decision 2016/14/MC-EnC, the Contracting Parties were under an obligation to transpose and implement Directive 2004/35/EC and notify the Energy Community Secretariat thereof by 1 January 2021.
Bosnia and Herzegovina to date has not adopted the measures necessary to implement Decision 2016/14/MC-EnC, so the Secretariat has submitted a Reasoned Request to the Ministerial Council pursuant to Article 90 of the Energy Community Treaty without a preliminary procedure in line with Article 11(3) of Procedural Act 2015/04/MC-EnC.
procedural history
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13 July 2023: Reasoned Request
Case
On 13 July 2023, the Secretariat submitted a Reasoned Request to the Ministerial Council against Bosnia and Herzegovina, Kosovo* and Republic of Moldova, which failed to transpose the Directive 2004/35/EC by 1 January 2021.
These Contracting Parties failed to comply with Articles 6 and 89 of the Energy Community Treaty as well as Article 3 of Decision 2016/14/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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14 December 2023: Ministerial Council Decision on failure
Steps taken
On 14 December 2023, the Ministerial Council took decisions on the failure by Bosnia and Herzegovina, Kosovo* and the Republic of Moldova to comply with certain obligations under the Treaty. The cases reflected failure to transpose Directive 2004/35/EC by 1 January 2021, as required by Energy Community law.
In Article 2 of the Decisions, the ministers urge Bosnia and Herzegovina, Kosovo* and the Republic of Moldova "to rectify the breaches identified in Article 1 and ensure compliance with Energy Community law immediately".
Procedure
Bosnia and Herzegovina, Kosovo* and the Republic of Moldova are asked 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.