Case ECS-11/16: Kosovo* / energy efficiency

summary of the case

registered:  ex officio 2016

Directive 2010/31/EU was incorporated in the Energy Community acquis communautaire by Decision 2010/02/MC-EnC of 24 September 2010 amending Decision 2009/05/MC-EnC of 18 December 2009 of the Ministerial Council of the Energy Community on the implementation of certain Directives on energy efficiency. 

In order to support Contracting Parties in the implementation of Directive 2010/31/EU, the Secretariat launched in 2011 a “Study on Energy Efficiency in Buildings in the Contracting Parties of the Energy Community.” The implementation of Directive 2010/31/EU was monitored by the Secretariat against the study’s recommendations and roadmap. On 6 February 2015, the Secretariat sent the (draft) Law on Energy Performance of Buildings transposing the Directive 2010/31/EU, to the Minister of Environment and Spatial Planning and the Minister of Economic Development. In its annual Implementation Reports of 2013 2014 and 2015 the Secretariat underlined that the first priority for Kosovo* should be the adoption of primary and secondary legislation required to transpose Directive 2010/31/EU.

On 14 October 2016, the Ministerial Council decided on the failure by Kosovo* to comply with its obligations under the Treaty related to the transposition of Directive 2010/31/EU. By adopting a national legislation transposing the Directive 2010/31/EU on the energy performance of buildings in December 2016 and notification to the Secretariat Kosovo* complied with Ministerial Council Decision 2016/10/MC-EnC.