Title II of the Treaty establishing the Energy Community extends the acquis communautaire to the territories of the nine Contracting Parties. The Energy Community acquis comprises the core EU energy legislation in the area of electricity, gas, environment, competition, renewables, energy efficiency, oil and statistics. Furthermore, Articles 24 and 25 of the Treaty (Title II) respectively allow for adaptation of the acquis and implementing amendments made to it in the course of evolution of EC law. After entry into force, the Energy Community acquis has been extended to include new energy policy areas, as well as, to replace older acts by newer, revised ones.
The tables below display the Energy Community acquis communautaire presently in force.
THE ACQUIS ON ELECTRICITY
THE ACQUIS ON GAS
THE ACQUIS ON ENVIRONMENT
THE ACQUIS ON COMPETITION
THE ACQUIS ON RENEWABLES
THE ACQUIS ON ENERGY EFFICIENCY
THE ACQUIS ON OIL
THE ACQUIS ON STATISTICS
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* For certain Articles and provisions the Decision determines longer deadlines: Article 9(1): 1 Jun 2016, Article 9(4): 1 June 2017 and Articles 11: 1 Jan 2017. The market opening for households is 1 Jan 2015. Whilst the general implementation deadline of market opening for non-households was set for 1 Jan 2008, 1 Jan 2013 and 1 Jan 2012 are valid for Moldova and for Ukraine respectively.
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* For certain Articles and provisions the Decision determines longer deadlines: Article 9(1): 1 Jun 2016, Article 9(4): 1 June 2017 and Articles 11: 1 Jan 2017. The market opening for households is 1 Jan 2015. Whilst the general implementation deadline of market opening for non-households was set for 1 Jan 2008, it is 1 Jan 2013 for Moldova and 1 Jan 2012 for Ukraine.
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According to Article 13 of the Treaty, the Contracting Parties also recognise the importance of the Kyoto Protocol and shall endeavour to accede it.
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The acquis on competition rests on three pillars:
(1) A cartel prohibition corresponding to Article 81 of the EC Treaty
(2) A prohibition of abuses of dominant positions corresponding to Article 82 of the EC Treaty
(3) A prohibition of State aid corresponding to Article 87 of the EC Treaty.
Besides, the principles of the EC Treaty regarding public undertakings and undertakings to which special or exclusive rights have been granted, in particular Article 86(1) and (2) EC, apply to the Contracting Parties.
The competition acquis shall be implemented insofar as trade of network energy between the Contracting Parties may be affected.
Title II Chapter VI
Annex III top
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The 10th Ministerial Council adopted the Directive 2009/28/EC on 18 Oct 2012 and determined thereby the national RES targets by 2020 (Decision 2012/03/MC-EnC) for the nine Contracting Parties.
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Based on the Energy Community Ministerial Council decisions D/2009/05/MC-EnC (18 Dec 2009) and D/2010/02/MC-EnC (24 Sep 2010) the acquis was extended to three EU Directives in the area of energy end-use efficiency and energy services, energy performance of buildings and labeling, including the recast directives. top
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With the Decision D/2012/03/MC-EnC, the Ministerial Council adopted the Directive on 18 Oct 2012.
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With the Decision D/2012/02/MC-EnC, the ministers decided to extend the acquis to include statistics on 18 Oct 2012.
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