Today the Secretariat has submitted a package of 11 dispute settlement cases to the Ministerial Council, which will take a decision on the alleged breaches of the Energy Community acquis at its meeting on 14 October 2016 in Sarajevo. Six of the cases – including four on failure to transpose the Third Energy Package – follow a new expedited procedure for non-transposition of the acquis.
Under the Dispute Settlement Rules amended in October 2015 by Procedural Act No 2015/04/MC-EnC, the Secretariat was obliged to submit a Reasoned Request to the Ministerial Council directly, i.e. without performing a preliminary procedure:
– In Cases ECS 6-9/16 against Bosnia and Herzegovina, Kosovo*, Moldova and former Yugoslav Republic of Macedonia which failed to transpose the Third Energy Package by 1 January 2015.
– In Cases ECS 10-11/16 against Albania and Kosovo* for failing to transpose Directive 2010/31/EU on the energy performance of buildings.
The other five cases are submitted pursuant to the 2008 Dispute Settlement rules after carrying out a preliminary procedure:
– In Case ECS 3/08 on Serbia’s failure to comply with Articles 3 and 6 of Regulation (EC) 1228/2003 of the Second Energy Package. Serbia has breached Energy Community law by failing to pay compensation to the transmission system operator designated by Kosovo*, KOSTT, for costs incurred as a result of hosting cross-border flows of electricity on the network operated by KOSTT in cases where the electricity flow originates or ends on EMS’ system.
– In Case ECS 2/15 on former Yugoslav Republic of Macedonia’s failure to comply with the Energy Community’s rules on eligibility by postponing full opening of the electricity market.
– In Case ECS 2/13, ECS 4/13 and ECS 5/13 on the failure of Bosnia and Herzegovina, Serbia and Ukraine respectively to timely and correctly transpose Directive 1999/32/EC on sulphur content of liquid fuels.