Case ECS-05/22: Kosovo* / environment and gas

summary of the case

status: closed by Ministerial Council Decision / 
not complied after Art.91 MC Decision
registered: ex officio 




In April 2014, the European Union adopted Directive 2014/52/EU amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment.

Directive 2014/52/EU was incorporated in the Energy Community acquis communautaire by Decision 2016/12/MC-EnC of the Ministerial Council adapting and implementing Directive 2011/92/EU of the European Parliament and of the Council, and amending the Treaty establishing the Energy Community (hereinafter: Decision 2016/12/MC-EnC). 
Article 2 of the Ministerial Council Decision 2016/12/MC-EnC, reads:

  1. „Without prejudice to Article 3, Contracting Parties shall bring into force the laws, regulations and administrative provisions necessary to comply with Directive 2011/92/EU as amended by Directive 2014/52/EU by 1 January 2019 with the exception of the provisions referring to Directives not covered by Article 16 of the Treaty establishing the Energy Community. They shall forthwith inform the Energy Community Secretariat thereof.
  2. Contracting Parties shall communicate to the Energy Community Secretariat the text of the main provisions of national law which they adopt in the field covered by this Decision.“

The time limit for Kosovo* to take measures necessary to comply with Article 2 of Decision 2016/12/MC-EnC as well as Articles 6 and 89 of the Treaty expired on 1 January 2019. Kosovo* to date has not adopted the measures necessary to implement Decision 2016/12/MC-EnC.