Case ECS 02/15S: North Macedonia / electricity

summary of the case

On 14 October 2016 the Ministerial Council adopted Decision 2016/06/MC-EnC in Case ECS-02/15 establishing a breach of Energy Community law by declaring that North Macedonia, by failing to ensure that the customers eligible for the purchase of electricity from the supplier of their choice comprise all non-household customers, has failed to comply with its obligations under Article 33(1) of Directive 2009/72/EC, as adapted by the Ministerial Council Decision 2011/02/MC-EnC.

North Macedonia was required to take all appropriate measures to rectify the breaches identified in Article 1 of Decision 2016/06/MC-EnC and ensure compliance with Energy Community law immediately, as well as to report regularly to the Secretariat and the Permanent High Level Group about the measures taken. The Secretariat was invited to initiate a procedure under Article 92 of the Treaty in case the breaches were not rectified.

Despite the proactive role and the Secretariat’s assistance as well as numerous reminders and several meetings, the situation as regards the compliance of the national legislation with Article 33(1) of Directive 2009/72/EC remained unchanged since the last decision of the Ministerial Council and the breaches identified in Decision 2016/06/MC-EnC have not been remedied.

Therefore, on 12 October 2017, the Secretariat initiated Case ECS-02/15S by submitting a Reasoned Request to the Ministerial Council under Article 92 of the Treaty.

In its Reasoned Request, the Secretariat submitted that the non-implementation of a Ministerial Council Decision 2016/06/MC-EnC under Article 91 of the Treaty by North Macedonia in itself constitutes a breach of Energy Community law. The Secretariat requested the Ministerial Council to declare that the breach identified is serious and persistent breach within the meaning of Article 92(1) of the Treaty.

In May 2018, the Macedonian Parliament adopted an Energy Law transposing the Third Energy Package. All impediments for supplier switching have been removed and exercising of eligibility right by all Macedonian customers is allowed. By adopting the new law, North Macedonia formally rectified the breach established by Ministerial Council Decision 2016/06/MC-EnC of 14 October 2016 in case ECS-02/15. Therefore, the Secretariat decided to discontinue the Case ECS-02/15S and to withdraw the Reasoned Request submitted to the Ministerial Council for decision under Article 92 of the Treaty.