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New Strategic Infrastructure and Environmental Legislation for Energy Community
by Dr Lorenc Gordani
Oct 15, 2016

The 14th Energy Community Ministerial Council, on 14 October 2016, in Sarajevo, took important decisions on expanding the environmental and climate dimension of the Energy Community and adopted a list of priority infrastructure projects to facilitate the integration of the pan-European energy market.

The Ministerial Council adopted four decisions expanding the current scope of the environmental acquis. The decisions update the Environmental Impact Assessment Directive and the Sulphur in Fuels Directive to ensure their application in the Energy Community in their latest versions and introduce two new directives - the Strategic Environmental Assessment Directive and the Environment Liability Directive to the extent they relate to energy. As a first step towards its full application in the Energy Community, the Ministerial Council adopted a non-binding recommendation on the implementation of Regulation (EU) No 525/2013 on a mechanism for monitoring and reporting greenhouse gas emissions.

The Ministerial Council also adopted a list of Projects of Energy Community Interest based on Regulation 347/2013 on Guidelines for Trans-European Energy Infrastructure. The selected projects, which include inter alia the Trans-Balkan Electricity Corridor, a gas interconnection between Bulgaria and Serbia, may benefit from streamlined permitting, regulatory incentives, cross-border cost allocation procedures and funding under the EU’s Instrument for Pre-Accession Assistance and the Neighbourhood Investment Facility.

The Ministerial Council also recommended to extend these benefits to Projects of Mutual Interest, which cover infrastructure of significant regional importance, including a gas interconnector between Romania and Moldova and a gas interconnector with reverse-flow capabilities between Slovak Republic and Ukraine. Albania also suggested to review Regulation 347/2013 as incorporated in the Energy Community in the future to enable more projects between Contracting Parties and Member States to become PECI.

The Ministerial Council welcomed the priorities for the Presidency in 2017 presented by Minister Stavileci, which will focus on: Enhancing the integration of the regional energy sectors as well as improving their sustainability based on the commitments made in the Berlin process to be incorporated into the Energy Community Treaty under its Title III based on proposals by the Secretariat; the proposals should take due account of the specific situations of the Contracting Parties. Promoting and finalizing the discussions for amendments to the Treaty in 2017 which should focus in particular on better implementation, more sustainability and a truly integrated pan-European energy market based on equal rights and obligations.

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