Secretariat refers Tuzla 7 State aid case to the Ministerial Council

On 26 June 2020, the Secretariat submitted a Reasoned Request to the Ministerial Council for a Decision under Article 91 of the Energy Community Treaty. The case (ECS-10/18) concerns compliance with the Energy Community State aid rules by a decision of the State Aid Council of Bosnia and Herzegovina of 23 July 2018, deciding that a guarantee issued by Federation of Bosnia and Herzegovina in favour of the Export-Import Bank of China to secure a loan to the public utility Elektroprivreda Bosne i Hercegovine does not constitute State aid within the meaning of Article 18(1)(c) of the Treaty.

The case was submitted after carrying out a preliminary procedure.  The Ministerial Council will take a decision on the alleged breach of the Energy Community acquis at its meeting on 27 November 2020.