Case ECS-08/11S: Bosnia and Herzegovina / gas

summary of the case

status: opened under Article 92
registered 18.07.2014


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.