Case ECS-05/13: Ukraine / environment

summary of the case

status:  closed by Ministerial Council Decision / 
complied after Art.92 MC Decision
registered: ex officio 2013




Directive 1999/32/EC aims to reduce emissions of SO2, a substance harmful to human health and the environment, resulting from combustion of heavy fuel oils and gas oils. The Directive sets maximum thresholds for the sulphur content in these fuels of 1.00% and 0.10% respectively, and requires frequent sampling and analysis in each Contracting Parties. Directive 1999/32/EC is part of the Energy Community environmental acquis communautaire. The deadline for the implementation of the Directive in the Contracting Parties expired at the end of 2011 and upon the assessment of the domestic legal situation, the Secretariat decided to open dispute settlement procedures against the Contracting Parties the domestic legislation of which was not in line with Energy Community law.

The case against Ukraine was initiated by the Secretariat for the lack of national provisions transposing the 1.00% threshold for heavy fuel oil and the 0.10% threshold for gas oil.

On 14 October 2016, the Ministerial Council decided on the failure by Ukraine to comply with its obligations under Articles 3(1) and 4(1) of Directive 1999/32/EC in conjunction with Article 16 of the Treaty and the Protocol concerning the Accession of Ukraine to the Treaty. With the adoption of Decision 2016/05/MC-EnC, the procedure under Article 91 of the Treaty in Case ECS-05/13 is closed. On 12 October 2017, the Secretariat initiated Case ECS-05/13S by submitting a Reasoned Request to the Ministerial Council under Article 92 of the Treaty.