Case ECS-06/16S: Bosnia and Herzegovina / third package

summary of the case

On 14 October 2016, the Ministerial Council adopted Decision 2016/07/MC-EnC in Case ECS-06/16 establishing a breach of Energy Community law by declaring that Bosnia and Herzegovina, by failing to adopt and apply the laws, regulations and administrative provisions necessary to comply with Directive 2009/72/EC, Directive 2009/73/EC, Regulation (EC) No 714/2009 and Regulation (EC) No 715/2009 by 1 January 2015, pursuant to Article 3(1) of Ministerial Decision 2011/02/MC-EnC and by failing to forthwith notify those measures to the Secretariat, failed to comply with Articles 6 and 89 of the Treaty as well as Article 3(1) and (2) of Ministerial Council Decision 2011/02/MC-EnC.

Bosnia and Herzegovina was required to take all appropriate measures to rectify the breach and ensure compliance with Energy Community law, in cooperation with the Secretariat, by December 2016, 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 had not been rectified.

Since Bosnia and Herzegovina did not take any measures to rectify the breach identified in Decision 2016/07/MC-EnC, on 12 October 2017, the Secretariat initiated Case ECS-06/16S 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 Ministerial Council Decision 2016/07/MC-EnC under Article 91 of the Treaty 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.