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.

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.