summary of the case
| gainst | Bosnia and Herzegovina |
|---|---|
| Registered | ex officio |
| Area of work | measures to safeguard the security of gas supply |
| Legal provision | Articles 6 and 89 of the Energy Community Treaty as well as with Article 2(1) and (2) of Ministerial Council Decisions 2021/15/MC-EnC and 2022/01/MC-EnC |
| Subject matter | non-transposition of Regulation (EU) 2017/1938 |
| Status | closed by Ministerial Council Decision / not complied after Art.91 MC Decision |
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Regulation (EU) 2017/1938 of the European Parliament and of the Council of 25 October 2017 concerning measures to safeguard the security of gas supply and repealing Regulation (EU) No 994/2010 (hereinafter “the SoS Regulation”), which was amended by Regulation (EU) 2022/1032 of the European Parliament and of the Council of 29 June 2022 amending Regulations (EU) 2017/1938 and (EC) No 715/2009 with regard to gas storage (hereinafter “the Storage Regulation”), was incorporated in the Energy Community acquis Communautaire by Decision 2021/15/MC-EnC of the Ministerial Council of 30 November 2021 and Decision 2022/01/MC-EnC of the Ministerial Council of 30 September 2022. The Contracting Parties were under an obligation to transpose the SoS Regulation as amended by the Storage Regulation and notify the Energy Community Secretariat of transposing measures by 1 October 2022. Bosnia and Herzegovina to date has not adopted the measures necessary to implement Decision 2021/15/MC-EnC and Decision 2022/01/MC-EnC, so the Secretariat has submitted a Reasoned Request to the Ministerial Council pursuant to Article 90 of the Energy Community Treaty without a preliminary procedure in line with Article 11(3) of Procedural Act 2015/04/MC-EnC. The case was closed and a breach was established under Article 91 by Ministerial Council Decision 2025/08/MC-EnC adopted on 18 December 2025. |
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