updated: 10 Apr 2014
ENERGY COMMUNITY ACQUIS


Title II of the Treaty establishing the Energy Community extends the acquis communautaire to the territories of the 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.

As a response to the evolution of EC law, Articles 24 and 25 of the Treaty (Title II) respectively allow for adaptation of the acquis and implementing amendments made to it. 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

 

 

Acquis on Electricity
Title of Document General Implementation Deadline Implementation Deadline Moldova / Ukraine
Regulation (EU) No 838/2010 on laying down guidelines relating to the inter-transmission system operator compensation mechanism and a common regulatory approach to transmission charging 1 Jan 2014 1 Jan 2014
Directive 2009/72/EC 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC 1 Jan 2015* 1 Jan 2015*
Regulation (EC) No 714/2009 of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003 1 Jan 2015 1 Jan 2015
Commission Decision 2006/770/EC on amending the Annex to Regulation (EC) No 1228/2003 on conditions for access to the network for cross-border exchanges in electricity 27 Jun 2008 Moldova: 31 Dec 2010
Ukraine: 1 Jan 2012
Directive 2005/89/EC of 18 January 2006 concerning measures to safeguard security of electricity supply and infrastructure investment 31 Dec 2009 Moldova: 31 Dec 2010
Ukraine: 1 Jan 2012
European Community Directive 2003/54/EC of 26 June 2003 concerning common rules for the internal market in electricity 1 Jul 2007 Moldova: 31 Dec 2009
Ukraine: 1 Jan 2012
European Community Regulation 1228/2003/EC of 26 June 2003 on conditions for access to the network for cross-border exchanges in electricity 1 Jul 2007 Moldova: 31 Dec 2010
Ukraine: 1 Jan 2012
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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.
 

 Consolidated electricity acquis

 

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Acquis on Gas
Title of Document General Implementation Deadline Implementation Deadline Moldova / Ukraine
Directive 2009/73/EC of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC 1 Jan 2015* 1 Jan 2015*
Regulation (EC) No 715/2009 of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005 1 Jan 2015 1 Jan 2015
Regulation (EC) No 1775/2005 of 28 September 2005 on conditions for access to the natural gas transmission networks 31 Dec 2008 Moldova: 31 Dec 2010
Ukraine: 1 Jan 2012
Directive 2004/67/EC of 26 April 2004 concerning measures to safeguard security of natural gas supply 31 Dec 2009 Moldova: 31 Dec 2010
Ukraine: 1 Jan 2012
Directive 2003/55/EC of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC 1 Jul 2007 Moldova: 31 Dec 2009
Ukraine: 1 Jan 2012
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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.

 

 Consolidated gas acquis

 

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Acquis on Environment
Title of Document General Implementation Deadline Implementation Deadline Moldova / Ukraine
Directive 2010/75/EU of 24 November 2010 on industrial emissions (integrated pollution prevention and control) 1 Jan 2018 1 Jan 2018
Directive 2001/80/EC of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants 31 Dec 2017 Moldova: 31 Dec 2017
Ukraine: 1 Jan 2018
Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EEC 31 Dec 2011 Moldova: 31 Dec 2014 Ukraine: 1 Jan 2012
Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment 1 Jul 2006 Moldova: 31 Dec 2010 Ukraine: 1 Jan 2013
Article 4(2) of Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds 1 Jul 2006 Moldova: 31 Dec 2010 Ukraine: 1 Jan 2015
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Based on the Ministerial Council Decision D/2013/06/MC-EnC, only Chapter lll, Annex V, and Article 72(3)-(4) of Directive 2010/75/EU are applicable. The deadline of 2018 concerns new plants only, whilst operators on exisiting plants are invited to endeavour the implementation of the Directive 2010/75/EU.

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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Acquis on Competition


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

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Acquis on Renewables
Title of Document General Implementation Deadline Implementation Deadline Moldova / Ukraine
Directive 2009/28/EC of 23 April 2009 on the promotion of the use of energy from renewable sources and amending 1 Jan 2014 1 Jan 2014
Directive 2003/30/EC of 8 May 2003 on the promotion of the use of biofuels or other renewable fuels for transport. 1 Jul 2007 Moldova: 31 Dec 2010
Ukraine: 1 Jul 2011
Directive 2001/77/EC of 27 September 2001 on the promotion of electricity produced from renewable energy sources in the internal electricity market 1 Jul 2007 Moldova: 31 Dec 2010 Ukraine: 1 Jul 2011
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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.    
 

 Consolidated renewable energy acquis

 

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Acquis on Energy Efficiency
Title of Document General Implementation Deadline Implementation Deadline Moldova / Ukraine
Commission Delegated Regulation (EU) No 626/2011 of 4 May 2011 with regard to energy labelling of air conditioners 1 Jan 2013 1 Jan 2013
Commission Delegated Regulation (EU) No 1059/2010 of 28 September 2010 with regard to energy labelling of household dishwashers 31 Dec 2012 31 Dec 2012
Commission Delegated Regulation (EU) No 1060/2010 of 28 September 2010 with regard to energy labelling of household refrigerating applianc 31 Dec 2012 31 Dec 2012
Commission Delegated Regulation (EU) No 1061/2010 of 28 September 2010 with regard to energy labelling of household washing machines 31 Dec 2012 31 Dec 2012
Commission Delegated Regulation (EU) No 1062/2010 of 28 September 2010 with regard to energy labelling of televisions 31 Dec 2012 31 Dec 2012
Directive 2006/32/EC of 5 April 2006 on energy end-use efficiency and energy services and repealing Council Directive 93/76/EEC 31 Dec 2011 31 Dec 2011
Directive 2002/40/EC of 8 May 2002 on energy labeling of household electric ovens 31 Dec 2011 31 Dec 2011
Directive 98/11/EC of 27 January 1998 on energy labeling of household lamps 31 Dec 2011 31 Dec 2011
Directive 96/60/EC of 19 September 1996 on energy labeling of household combined washer-driers 31 Dec 2011 31 Dec 2011
Directive 95/13/EC of 23 May 1995 implementing Directive 92/75/EEC with regards energy labelling of household electric tumble drier 31 Dec 2011 31 Dec 2011
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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. 
 

 Consolidated energy efficiency acquis

 

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Acquis on Oil
Title of Document General Implementation Deadline Implementation Deadline Moldova / Ukraine
Council 2009/119/EC of 14 September 2009 imposing an obligation on Member States to maintain minimum stocks of crude oil and/or petroleum products 1 Jan 2023 1 Jan 2023


With the Decision D/2012/03/MC-EnC, the Ministerial Council adopted the Directive on 18 Oct 2012. 

 

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Acquis on Statistics
Title of Document General Implementation Deadline Implementation Deadline Moldova / Ukraine
Regulation (EC) No 147/2013 of 13 February 2013 amending Regulation (EC) No 1099/2008 on energy statistics, as regards the implementation of updates for the monthly and annual energy statistics 31. Dec 2013 31. Dec 2013
Directive 2008/92/EC of 22 October 2008 concerning a Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users 31 Dec 2013 31 Dec 2013
Regulation No. 1099/2008 of 22 October 2008 on energy statistics 31 Dec 2013 31 Dec 2013
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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. 

 

 Consolidated statistical acquis

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