Secretariat initiates dispute settlement procedure against Montenegro and Ukraine for lack of transposition of REMIT Regulation

On 25 March 2021, the Energy Community Secretariat initiated an ex officio dispute settlement procedure against Montenegro and Ukraine for the lack of transposition of the REMIT Regulation. In its Reasoned Requests, the Secretariat takes the view that these two Contracting Parties have not yet complied with the requirements for transposing REMIT as adapted and adopted by the Energy Community, in line with the deadline foreseen by the Energy Community acquis, i.e. by 29 November 2019.

The Secretariat has provided assistance in developing draft legislation in this field to both Montenegro and Ukraine.

Under Article 11(3) of the Dispute Settlement Rules of October 2015, the Secretariat is obliged to submit a Reasoned Request to the Ministerial Council directly, i.e. without performing a preliminary procedure when initiating a dispute settlement procedure on the grounds that a Party has failed to fulfil its obligation to notify measures transposing a Decision addressed to it within the deadline specified in that Decision.

Interested parties may be granted access to the case file and may submit written observations on the present case. All requests for information should be addressed to the Deputy Director and Legal Counsel at [email protected] or +43 1 535 2222 24 and should make reference to the relevant case numbers ECS-03/21 (Montenegro) and ECS-04/21 (Ukraine).