Case ECS 04/18: Ukraine / infrastructure

summary of the case

registered: ex officio 2018

 

 

The Regulation (EU) 347/2013 on guidelines for trans- European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009 (hereinafter, Regulation (EU) 347/2013) was incorporated in the Energy Community acquis communautaire by Decision 2015/09/MC-EnC of the Ministerial Council of the Energy Community of 16 October 2015. The Contracting Parties were under an obligation to implement the Regulation and notify the Energy Community Secretariat by 31 December 2016.

Article 3(1) of Decision 2015/09/MC-EnC requires the Contracting Parties to bring into force the laws, regulations and administrative provisions necessary to comply with the Regulation (EU) 347/2013 by 31 December 2016, and to apply them as from 1 January 2017. Article 3(2) of Ministerial Council Decision 2015/09/MC-EnC also requires the Contracting Parties to communicate to the Energy Community Secretariat the text of the main provisions of national law, which they adopt in the field covered by Decision 2015/09/MC-EnC.

Despite reminders and the assistance offered by the Secretariat, Ukraine to date has not taken the measures necessary to comply with its obligations. At the date of submitting this Reasoned Request, neither an Administrative Instruction nor any other legislative measure meant to transpose the Regulation (EU) 347/2013 has been adopted.

The Secretariat preliminarily found that by failing to adopt the laws, regulations and administrative provisions necessary to comply with Regulation (EU) No 347/2013 of the European Parliament and of the Council on guidelines for trans-European energy infrastructure by 31 December 2016 pursuant to Article 3(1) of Ministerial Decision 2015/09/MC-EnC and by failing to forthwith notify those measures to the Secretariat, Ukraine fails to comply with Articles 6 and 89 of the Energy Community Treaty as well as Article 3(1) and (2) of Ministerial Council Decision 2015/09/MC-EnC.