summary of the case
|status:||opened under Article 91|
|registered:||ex officio 30.04.2017|
According to the Energy Community acquis communautaire in force, the Contracting Parties are under an obligation to to de iure transpose into national legislation, as well as to implement de facto the requirement of functional and legal unbundling of national electricity distribution system operators, including the establishment of a compliance programme and compliance officer. Only when separated from other segments of the energy supply chain can distribution system operators act independently and consumers benefit from greater choice of electricity supply companies, which in turn offer improved services at a fair price.
To the Secretariat’s knowledge, Ukraine has, to this date, not correctly transposed and enforced the rules for legal and functional unbundling in the electricity sector. Under these circumstances, it is in a state of non-compliance with Article 26 of Electricity Directive 2009/72/EC.