Energy Community Dispute Settlement: Key decisions in the lead up to the Ministerial Council
On 22 June 2018, three Reasoned Requests were submitted to the Ministerial Council for a decision under Article 91 of the Energy Community Treaty.
The later concern the lack of transposition and notification of transposition measures to the Secretariat regarding Regulation (EU) 347/2013 on guidelines for trans-European energy infrastructure by Albania (Case ECS-2/18), Bosnia and Herzegovina (Case ECS-3/18) and Ukraine (Case ECS-4/18).
Furthermore, three additional Reasoned Requests were submitted to the Ministerial Council for a decision under Article 91 of the Energy Community Treaty on 18 May 2018. These concern the failure to carry out an environmental impact assessment in case of the planned thermal power plant Ugljevik 3 in Bosnia and Herzegovina (Case ECS-1/15); the non-compliant regime for allocation of cross-border capacity for transit of electricity in Ukraine (Case ECS-8/15); and the failure by Ukraine to transpose Energy Efficiency Directive 2012/27/EU (Case ECS-1/18).
Case ECS-1/18 and the three cases concerning non-transposition of Regulation (EU) 347/2013 have been initiated pursuant to Article 11(3) of the Dispute Settlement Rules of 2015 without performing a preliminary procedure.
In the framework of assistance by the Secretariat under Article 2 of the Dispute Settlement Procedures, on 11 June 2018, the State Aid Commission of Serbia adopted a compliant decision regarding the measures brought up by the complainant concerning state support to the Kolubara project and thereby removed the Secretariat’s concerns with regard to State aid compliance. Therefore, the Secretariat has withdrawn the Reasoned Request in Case ECS-11/14 and closed the case.
