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In accordance with the Article 67 (b) of the Treaty establishing the Energy Community, it is the task of the Secretariat to review the proper implementation by the Contracting Parties of their obligations under the Treaty and submit annual progress reports to the Ministerial Council of the Energy Community.
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Findings 2011 |
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In the executive summary, the Secretariat states "several of the original Contracting Parties lagging behind in transposition of the acquis communautaire caught up and reformed their legal framework, so far non-compliant in many key aspects. This mainly concerns the core sectors covered by the Treaty, electricity and gas." "All in all, 2010/2011 significantly improved the implementation record of the Energy Community as a whole." |
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Findings 2010 |
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In the preface, the Secretariat notes, ”very generally speaking, the gap between transposition of the Energy Community acquis and its true implementation is widening. Wholesale markets remain closed, barriers to cross-border trade continue to exist and energy prices are set at a too low level to stimulate investments, allow for market entry of alternative suppliers and incentivise energy efficiency.” |
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Approach
The report has been prepared involving all services of the Secretariat and coordinated by the Legal Counsel. The information used was either provided by the Contracting Parties through missions or other contacts, or was obtained from third parties or publicly available data. The report also bases its assessment on data and analysis reports prepared by the Energy Community Regulatory Board (ECRB). Structure
The report is divided into two parts, one general section outlining the relevant acquis communautaire and summarizing the state of implementation, and a section assessing the situation for each of the Energy Community’s Contracting Parties. Both parts follow the scope of the Treaty and comprise chapters on: electricity, gas, oil, competition, environment, renewables, energy efficiency, and, social issues.
Regarding the state of implementation for each Contracting Party, the report follows a three-tiered structure, outlining first the general situation with regard to the implementation of the respective acquis, then focusing on progress made within the reporting period, and finally summarizing the state of compliance.
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