summary of the case
|status:||opened under Article 92|
On 24 October 2013 the Ministerial Council adopted Decision 2013/04/MC-EnC in Case ECS-08/11 establishing a breach of Energy Community law by declaring that Bosnia and Herzegovina, failed to comply with certain obligations under the Treaty related to the transposition of Directive 2003/55/EC. Bosnia and Herzegovina was required to rectify until June 2014 the breaches established in Article 1 of the Decision 2013/04/MC-EnC.
Since Bosnia and Herzegovina did not take any measures to rectify the breaches, on 18 July 2014 the Secretariat initiated Case ECS-08/11S by submitting a Reasoned Request to the Ministerial Council under Article 92 of the Treaty.
By Decision 2014/04/MC-EnC in Case ECS-08/11S of 23 September 2014, the Ministerial Council of the Energy Community established a serious and persistent breach by Bosnia and Herzegovina within the meaning of Article 92(1) of the Treaty. The Ministerial Council also ordered Bosnia and Herzegovina to adopt legislation compliant with Directive 2009/73/EC and Regulation (EC) 715/2009 and to present it to the Ministerial Council at its next meeting, and it requested the Secretariat to offer assistance.
Despite the Secretariat providing all the necessary assistance, in drafting a Third Energy Package-compliant Gas Law and numerous meetings and working groups, no tangible results were achieved.
As detailed in the procedural history, since 2015 Bosnia and Herzegovina has been subject to measures imposed by the Ministerial Council under Article 92 of the Treaty. Due to the lack of unanimity, those measures have not been extended in 2022.
- 18 July 2014: Reasoned Request
- 23 September 2014: Ministerial Council Decision on a serious and persistent breach
- 16 October 2015: Ministerial Council imposes measures
- 14 October 2016: Ministerial Council suspends the measures
- 12 October 2017: Reasoned Request
- 13 December 2019: Request for measures
- 29 December 2020: Extension of measures
- 30 August 2022: Request for extension of measures
- 2014 Reasoned Request in Case ECS-08/11S against Bosnia and Herzegovina
- Decision 2014/04/MC-EnC on determination of a serious and persistent breach of the Treaty by Bosnia and Herzegovina in Case ECS-08/11S
- 2015 Request for decision on sanctions on Case ECS-8/11S against Bosnia and Herzegovina
- Decision 2015/10/MC-EnC on imposing measures on Bosnia and Herzegovina pursuant Article 92(1)
- 2016 Request on extending measures on Bosnia Herzegovina in Case ECS-8/11S
- Agreement on the removal of serious and persistent breach of the Treaty in the gas sector of Bosnia and Herzegovina
- Decision 2016/16/MC-EnC suspending the measures imposed on Bosnia and Herzegovina under Article 92(1)
- 2017 Request under Article 92 of the Treaty in Case ECS-8/11S against Bosnia and Herzegovina
- 2018 Reasoned Request with Annexes 1-5 on Case ECS-8/11S
- Decision 2018/17/MC-EnC on extending the measures imposed on Bosnia and Herzegovina under Article 92(1) of the Treaty
- Request for measures in reference to Cases ECS-8/11 S, ECS-6/16 S and ECS-2/13 S against Bosnia and Herzegovina
- Decision 2020/02/MC-EnC on extending the measures imposed on Bosnia and Herzegovina under Article 92(1) of the Treaty in Cases ECS-8/11 S, ECS-6/16 S and ECS-2/13 S
- Request for the adoption of measures in response to serious and persistent breaches of the Treaty by Bosnia and Herzegovina in Cases ECS-8/11S, ECS-6/16S and ECS-2/13S