Case

The Reasoned Request is against Bosnia and Herzegovina, Kosovo*, Moldova and FYR of Macedonia which failed to transpose the Third Energy Package by 1 January 2015 and failed to forthwith notify those measures to the Secretariat. These Contracting Parties failed to comply with Articles 6 and 89 of the Energy Community Treaty as well as Article 3(1) and (2) of Ministerial Council Decision 2011/02/MC-EnC.

Procedure

Under the Dispute Settlement Rules as amended in October 2015 (PA 2015/04/MC-EnC), the Ministerial Council abolished the preliminary procedure in dispute settlement proceedings for non-transposition. Hence, the Secretariat is obliged to submit a Reasoned Request to the Ministerial Council directly, without performing a preliminary procedure.

Steps taken

Following Moldova's adoption of national measures transposing the Third Energy Package and their notification to the Secretariat, the Contracting Parties formally rectified the breaches identified in Case ECS-8/16. Therefore, the Secretariat decided to discontinue the Case ECS-8/16 and to withdraw the Reasoned Requests submitted to the Ministerial Council for decisions on 13 May 2016.