Case ECS-04/21: Ukraine / electricity

status: closed by Ministerial Council Decision / complied after Art.91 MC Decision
registered: ex officio 2021





The Regulation (EU) 1227/2011 of the European Parliament and of the Council on wholesale energy market integrity and transparency (REMIT Regulation) was incorporated in the Energy Community acquis communautaire by Decision 2018/10/MC-EnC of the Ministerial Council of the Energy Community 29 November 2018.

Article 1(1) of the Ministerial Council Decision 2018/10/MC-EnC requires the Contracting Parties to transpose the REMIT Regulation by 29 November 2019. In accordance with Article 1(2) of the Ministerial Council Decision 2018/10/MC-EnC, the Contracting Parties were under an obligation to implement the REMIT Regulation by 29 May 2020.

Article 1(3) of the Ministerial Council Decision 2018/10/MC-EnC requires the Contracting Parties to notify the Energy Community Secretariat of the measures transposing the Decision, and any subsequent changes made to those measures, within two weeks following the adoption of such measures. ln transposing this Decision Contracting Parties were obliged to task national regulatory authorities with the monitoring of and enforcing compliance with the Ministerial Council Decision.

Article 6 of the Treaty imposes upon the Parties the general obligation to take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising out of the Treaty. Article 89 of the Treaty requires Parties to implement Decisions addressed to them in their domestic legal system within the period specified in the Decision.

The time limit for Ukraine to take measures necessary to comply with Article 1 of Decision 2018/10/MC-EnC as well as Articles 6 and 89 of the Treaty expired on 29 November 2019. Ukraine to date has not adopted the measures necessary to implement Decision 2018/10/MC-EnC.