April infringement package – key decisions on energy

In its regular package of infringement decisions, the European Commission pursues legal action against Member States for failing to comply with their obligations under EU law. These decisions, covering various sectors and EU policy areas, aim to ensure the proper application of EU law for the benefit of citizens and businesses.

In the list of April infringements, there are 2 energy-related reasoned opinions. 

The Commission urges the NETHERLANDS and SLOVAKIA to fully transpose the Renewable Energy Directive

Today, the European Commission decided to send a reasoned opinion to the Netherlands (INFR(2021)0310) and an additional reasoned opinion to Slovakia (INFR(2021)0360) for not having fully transposed EU rules on the promotion of the use of energy from renewable sources set out in Directive (EU) 2018/2001. This Directive provides the legal framework for the development of renewable energy in the EU. It sets an EU-level binding target for 2030 of at least 32% of energy from renewable sources in the Union's gross final consumption of energy, as well as specific targets for the heating, cooling and transport sectors. The Directive also facilitates the participation of citizens in the clean energy transition. The deadline to transpose the Directive into national law was 30 June 2021.

In July 2021, the Commission sent a letter of formal notice to the Netherlands for failure to communicate the full transposition of the Directive. To date, the country has only partially transposed the Directive. Therefore, the Commission has decided to issue a reasoned opinion to the Netherlands.

In the case of Slovakia, in January 2023, the Commission decided to refer Slovakia to the Court of Justice of the European Union for having failed to notify any transposition measures for the Directive. Thereafter, Slovakia notified transposition measures and the Commission decided to halt the procedure before the Court. Following the assessment of the notified measures, the Commission has now decided to send an additional reasoned opinion to Slovakia because the transposition of the Directive is still not complete.

Both Member States now have 2 months to respond and take the necessary measures to complete transposition of the Directive. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union.

The Commission urges BELGIUM, DENMARK and SPAIN to fully transpose EU rules on the internal electricity market

Today, the European Commission decided to send a reasoned opinion to Belgium (INFR(2022)2032), Denmark (INFR(2022)2102) and Spain (INFR(2022)2034) for not having fully transposed EU rules for the internal electricity market set out in Directive (EU) 2019/944, amending Directive 2012/27/EU. The Directive lays down key rules regarding the organisation and functioning of the EU electricity sector to create integrated, competitive, consumer-centred, flexible, fair, and transparent electricity markets across the EU.

The deadline to transpose the Directive into national law was 31 December 2020. The Commission sent letters of formal notice to Belgium and Spain in May 2022 and to Denmark in September 2022, after concluding that not all the provisions of the Directive had been transposed into their national legislation. Having examined the replies from the Member States concerned as well as the national transposition measures notified, the Commission considers that these Member States have still not fully transposed the Directive.

The 3 Member States concerned now have two months to take the necessary measures and notify the Commission. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union.

For more information on the EU infringement procedure, see the full press release and Q&A. For more detail on the history of a case, you can consult the infringement decisions' register.