Ongoing disputes

  • Dispute 2/2019: Ukraine

    Dispute 2/2019: Ukraine

    Parties involved

    The European-Ukrainian Energy Agency, the Ukrainian Wind Association, the Ministry of Energy and Environmental Protection

    Areas of work Renewable energy
    Short description

    State authorities and stakeholders have been engaged into intense discussions around upcoming changes to the existing FIT system in Ukraine, stabilization measures, and possible solutions for the crisis of the Ukrainian RES sector. Furthermore, several draft laws meant to replace or to amend the existing legislation have been discussed in formal or less formal ways in various fora. The Energy Community Secretariat’s Dispute Resolution and Negotiation Centre has been called upon to assist authorities and stakeholders in developing an optimal solution for the RES sector.

  • Dispute 3/2018: Albania

    Dispute 3/2018: Albania

    Parties involved

    The Ministry of Infrastructure and Energy of Albania and the privately-owned Energji Ashta hydro power plant

    Areas of work

    Electricity

    Short description

    The dispute relates to balancing issues that arose between KESH (the largest electricity producer in Albania) and HPP Energji Ashta. Other Albanian state-owned stakeholders include: ERE (the energy regulator in Albania), OSHEE (the Albanian distribution system operator) and OST (the Albanian transmission system operator).

    Updates

     

    • mid-September 2018: First bilateral meetings with the parties and stakeholders take place.
    • 11 September 2018: Dirk Buschle is appointed as Mediator, with the support of Arben Kllokoqi and Rozeta Karova
    • 20 July 2018: Letter from representatives of HPP Energji Ashta consenting to mediation
    • 13 July 2018: Letter from Albanian Minister Damian Gjiknuri consenting to mediation
    • 6 February 2018: The Chair of the Energy Community Secretariat’s Dispute Resolution and Negotiation Centre approaches the parties and proposes that they resort to mediation
  • Dispute 1/2019: Bosnia and Herzegovina

    Dispute 1/2019: Bosnia and Herzegovina

    Parties involved

    The Energy Community Secretariat and the Ministry of Foreign Trade and Economic Relations of Bosnia and Herzegovina

    Areas of work State Aid
    Short description

    The mediation commenced at the initiative of the authorities of Bosnia and Herzegovina, which requested the Secretariat to engage in mediation in Case ECS-10/18.  In Case ECS-10/18, a public guarantee granted by the Federation of Bosnia and Herzegovina in favour of the Export-Import Bank of China for a loan by the latter to the public utility Elektroprivreda BiH d.d. Sarajevo for the Tuzla 7 project was found by the State Aid Council of Bosnia and Herzegovina not to contain elements of State aid. However, the Secretariat preliminarily concluded that the State Aid Council’s decision does not comply with the State aid acquis and that the public guarantee does constitute State aid. The mediation will be carried out under Title III of Procedural Act 2016/3/ECS on the establishment of a Dispute Resolution and Negotiation Centre.

    Updates
    • 26 June 2019: the parties appointed Mr Herman Verbist, a mediator from the Energy Community Panel of Mediators.
    • 18 September 2019: a mediation session between the Parties and the Mediator took place in Vienna.
    • 5 December 2019: the mediation proceedings are terminated without a settlement agreement. (ref: new item from 6 December)
  • Dispute 4/2018: Bosnia and Herzegovina

    Dispute 4/2018 Bosnia and Herzegovina

    Parties involved

    The Energy Community Secretariat and the Ministry of Foreign Trade and Economic Relations of Bosnia and Herzegovina

    Areas of work

    Environment

    Short description

    The mediation commenced at the initiative of the authorities of Bosnia and Herzegovina, which requested the Secretariat to engage in mediation in Case ECS-1/15.  The subject of case ECS-1/15 is  the environmental impact assessment procedure of the planned thermal power plant Ugljevik 3 in the Republika Srpska entity of Bosnia and Herzegovina, which, in the view of the Secretariat, was not carried out in compliance with the Energy Community acquis communautiare on environment. The mediation will be carried out under Title III of Procedural Act 2016/3/ECS on the establishment of a Dispute Resolution and Negotiation Centre.

    Updates
    • 27 November 2018: the Parties sign a settlement agreement, read more.
    • 19 November 2018: a mediation session between the Parties and the Mediator took place in Vienna
    • 31 October 2018: the parties appointed Ms Miryan Weichselbaum – Gharibo, a mediator from the Energy Community Panel of Mediators.
  • Dispute 3/2019: North Macedonia

    Dispute 3/2019: North Macedonia

    Parties involved

    Makpetrol AD Skopje, Republic of North Macedonia

    Areas of work

    gas transmission, unbundling of gas TSO

    Short description

    The dispute concerns the percentage in share capital of the Government on the one hand, and of Makpetrol on the other, in GA-MA, a company operating as TSO in North Macedonia. This dispute is preventing the unbundling and certification of the gas TSO.

    Updates

     

    • November 2019: 
      • The Parties sign a Memorandum of Understanding
      • During a mediation session in Vienna, the parties agreed on a formula for sharing ownership in GA-MA and termination of all open litigation proceedings in national courts.
      • Dirk Buschle, Chair of the Energy Community Secretariat’s Dispute Resolution and Negotiation Centre, acted as Mediator.