Case ECS-10/23: Bosnia and Herzegovina / environment

summary of the case

status: opened under Article 91
registered: ex officio 




Directive 2004/35/EC was incorporated in the Energy Community acquis communautaire by Decision 2016/14/MC-EnC of the Ministerial Council of 14 October 2016.

According to Article 3 of Decision 2016/14/MC-EnC, the Contracting Parties were under an obligation to transpose and implement Directive 2004/35/EC and notify the Energy Community Secretariat thereof by 1 January 2021.

Bosnia and Herzegovina to date has not adopted the measures necessary to implement Decision 2016/14/MC-EnC, so the Secretariat has submitted a Reasoned Request to the Ministerial Council pursuant to Article 90 of the Energy Community Treaty without a preliminary procedure in line with Article 11(3) of Procedural Act 2015/04/MC-EnC.