summary of the case
| Against | Ukraine |
|---|---|
| Registered | ex officio |
| Area of work | Electricity Integration Package |
| Status | closed by Ministerial Council Decision / not complied after Art.91 MC Decision |
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By Decisions 2021/13/MC-EnC and 2022/03/MC-EnC, the Ministerial Council incorporated a package comprising the latest EU electricity acquis in the Energy Community (referred to as the Electricity Integration Package). Decision 2021/13/MC-EnC of 30 November 2021 adapted and adopted Directive (EU) 2019/944 and Regulation (EU) 2019/941. Decision 2022/03/MC-EnC of 15 December 2022 adopted, and in its Articles 3 to 10 adapted Regulation (EU) 2019/942, Regulation (EU) 2019/943, as well as the Network Codes and Guidelines on forward capacity allocation (Regulation (EU) 2016/1719), capacity allocation and congestion management (Regulation(EU) 2015/1222), electricity balancing (Regulation (EU) 2017/2195), system operation (Regulation (EU) 2017/1485) and the Emergency Restoration Network Code (Regulation (EU) 2017/2196), and further adapted Directive (EU) 2019/944 and Regulation (EU) 2019/941 (in Article 11). Decisions 2021/13/MC-EnC and 2022/03/MC-EnC also amended the list of acts included in the acquis communautaire on energy in Annex I to the Treaty. Articles 2 of the Ministerial Council Decisions 2021/13/MC-EnC and 2022/03/MC-EnC impose an obligation on the Contracting Party to bring into force the laws, regulations and administrative provisions necessary to comply with the legal acts constituting the Electricity Integration Package by 31 December 2023 and to notify those measures to the Secretariat within the deadlines specified in the respective Decisions. To date, the Secretariat has not received the legislation in force, by Ukraine aiming to achieve compliance with Decisions 2021/13/MC-EnC and 2022/03/MC-EnC. The Reasoned Request concerns non-compliance of Ukraine with the obligation to adopt and implement the laws and administrative provisions necessary to comply with Decision 2021/13/MC-EnC and Decision 2022/03/MC-EnC by 31 December 2023 pursuant to Articles 2(1) thereof, and to forthwith notify those measures to the Secretariat within the deadline specified in these Decisions. The case was closed and a breach was established for not transposing the Directive (EU) 2019/944 and Regulation (EU) 2019/941, as adapted and adopted by Decision 2021/13/MC-EnC, as well as the Regulation (EU) 2019/942, Regulation (EU) 2019/943, Regulation (EU) 2015/1222, Regulation (EU) 2016/1719, Regulation (EU) 2017/2195, Regulation (EU) 2017/2196, Regulation (EU) 2017 /1485, as adapted and adopted by Decision 2022/03/MC-EnC by 31 December 2023 under Article 91 by Ministerial Council Decision 2025/07/MC-EnC adopted on 18 December 2025. |
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