updated: 30 Mar 2017

WHAT WE DO


The Energy Community’s mission is to extend the EU internal energy market to South East Europe and beyond on the basis of a legally binding framework. The principal instrument to achieve this aim is the adoption of the EU’s legislation, the so-called “acquis communautaire”, in energy and related areas. To date, some 25 laws have been incorporated into the Energy Community’s legal framework, covering gas, electricity, security of supply, renewables, oil, energy efficiency, environment, competition and statistics. The Energy Community may also take measures to create a single energy market. 

 



ENERGY COMMUNITY acquis communautaire



Title II of the Treaty establishing the Energy Community extends the European Union's acquis communautaire to the territories of the Contracting Parties. This comprises the core EU energy legislation as listed below. To stay abreast with the evolution of the EU law, Articles 24 and 25 of the Treaty (Title II) respectively allow for adaptation of the acquis. To this end, the Energy Community acquis has been extended to include new energy policy areas, as well as, to replace older acts by newer, revised ones.
 

Electricity

Electricity

The electricity acquis sets minimum requirements for the establishment of competitive electricity markets, including the development of coherent, transparent and non-discriminatory security of supply policies. The deadline for market opening for households is 1 Jan 2015. Whilst the general implementation deadline of market opening for non-households was set for 1 Jan 2008 for the founding Contracting Parties, 1 Jan 2013 and 1 Jan 2012 apply for Moldova and for Ukraine respectively.
 

 


 

Gas

Gas

 

With the same objectives as for electricity,  the Contracting Parties implement the relevant gas Third Energy Package legislation since 2011. With the exception of Article 9 and 11 of Directive 2009/73/EC, the general implementation deadline is 1 Jan 2015.  In 2006, after the entry into of the Treaty, the implementation of the Second Energy Package started. 
 

 


 

Infrastructure

Infrastructure

 

On 16 October 2015, the Regulation (EU) 347/2013 was  adopted with certain adaptations through the Ministerial Council Decision 2015/09/MC-EnC. The purpose of the Regulation is to streamline the permitting procedure and facilitate investments in the energy infrastructure in order to achieve the Energy Community’s energy and environment policy objectives.

 

 


 

Oil

Oil

In the area of oil, the Contracting Party are to implement the Directive on the minimum stocks of crude oil and/or petroleum products. The Directive requires stockholding for 90 days of net imports or 61 days of inland consumption in the preceding year, whichever is greater.
 

 


 

Competition

Competition

The acquis on competition rests on three pillars of the European Union Treaty, namely 

  1. The prohibition of anti-competitive agreements established by Article 101 TFEU;
  2. The prohibition of abuse of a dominant position provided for in Article 102 TFEU; and
  3. The prohibition of State aid granted in violation of Article 107 TFEU and the principles of the Treaty.  

 


 

Renewable Energy

Renewable Energy

By Decision 2012/03/MC-EnC, the Ministerial Council adopted Directive 2009/28/EC and determined the Contracting Parties’ binding national targets to be achieved through the use of renewable energy in the electricity, heating and cooling, and transport sectors by 2020.  For determining the targets, a similar methodology as for the EU Member States was applied.
 

 


 

Energy Efficiency

Energy Efficiency

The Contracting Parties implement 3 Directives on energy end-use efficiency and energy services, energy performance of buildings and labeling. Directive 2006/32/EC strives for the adoption of an indicative energy savings target of 9% and the development of National Energy Efficiency Action Plans. Directive 2010/31/EU sets minimum energy performance requirements for new and existing buildings. Directive 2010/30/EU establishes legal framework for labelling and consumer information regarding energy consumption for energy-related products.
 

 


 

Environment

Environment

The Environmental Impact Assessment, Sulphur in Fuels  and Large Combustion Plants Directives constitute the core of the environmental acquis. Whilst the Directive 2001/80/EC requires major investment in either retrofitting old non-compliant thermal power plants or in replacing them with new energy generation facilities,  Directive 85/337/EEC aims at assessing environmental consequences of projects. Directive 1999/32/EC  ensures effective protection from the risks resulting from SOemissions, by imposing thresholds.
 

 


 

Statistics

Statistics

On 18 Oct 2012, the ministers decided to extend the acquis to include statistics. The Contracting Parties are to implement the two pieces of law no later than 31 Dec 2013. The acquis establishes a common framework for the production, transmission, evaluation and dissemination of comparable and accurate energy statistics in the Energy Community.
 


 




THE IMPLEMENTATION APPROACH


 

The timelines for transposition and implementation are laid down by the Treaty or by a Ministerial Council decision. The process is supported by a strong institutional framework. The Ministerial Council meets once a year to steer the implementation of the Treaty acquis. Its work is prepared by the Permanent High Level Group, which meets every three months. The Regulatory Board is the coordination body of the national energy regulators of the Energy Community. Conceived as discussion platforms, four advisory Fora in the areas of electricity, gas, social issues and oil complement the process.

The Secretariat monitors and assists the Contracting Parties in the implementation of their obligations under the Energy Community Treaty. Once a year it documents its findings in the Annual Implementation Report.  The implementation process is backed up by a  dispute settlement procedure, which contributes to the enforcement of the Energy Community legal framework. Under these rules,  the Secretariat, upon complaint or on its own motion, may bring a case of non-compliance by a Party with Energy Community law to the attention of the Ministerial Council. Presently the Secretariat has app. 20 dispute settlement cases on-going.

 

 

 

 

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