Case

On 11 February 2014, the Energy Community Secretariat sent Opening Letters to Ukraine, as well as to ​ Albania, Bosnia and Herzegovina, former Yugoslav Republic of Macedonia and Montenegro for failure to comply with Energy Community law related to renewable energy. The Secretariat, acting under Article 90 of the Treaty, notes that these five Contracting Parties have not adopted and submitted to the Secretariat a National Renewable Energy Action Plan.

Procedure

With the present Opening Letters, the Secretariat initiates preliminary procedures in accordance with Article 12 of the Rules of Procedure for Dispute Settlement. The purpose of this initial step in the procedure is to give the Contracting Parties the possibility to react as well as to enable the Secretariat to establish the full factual and legal background of the case. The respective Contracting Parties have been given the possibility until 10 April 2014 to comply of their own accord with the requirements of the Treaty, or to justify their position.

According to Articles 6 and 16 of the Rules of Procedure for Dispute Settlement, interested parties may be granted access to the case file and may submit written observations on the present case to the Secretariat within one month from 11 February 2014.

Steps taken

On 6 November 2014, the Secretariat closed its pending Case ECS-7/14 against Ukraine.

Reasoning

As a follow-up to the Secretariat’s Opening Letter in Case ECS-7/14, Ukraine adopted the National Renewable Action Plan (NREAP) on 1 October 2014. The NREAP was submitted to the Secretariat and  published on the Energy Community website.