Case

The Reasoned Request is against Bosnia and Herzegovina, Kosovo*, Moldova and FYR of Macedonia which failed to transpose the Third Energy Package by 1 January 2015 and failed to forthwith notify those measures to the Secretariat. These Contracting Parties failed to comply with Articles 6 and 89 of the Energy Community Treaty as well as Article 3(1) and (2) of Ministerial Council Decision 2011/02/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.

Steps taken

Following Kosovo’s* adoption of national measures transposing the Third Energy Package and their notification to the Secretariat, the Contracting Parties formally rectified the breaches identified in Case ECS-7/16. Therefore, the Secretariat decided to discontinue the Case ECS-7/16 and to withdraw the Reasoned Request submitted to the Ministerial Council for decisions on 13 May 2016.