In its regular package of infringement decisions, the European Commission pursues legal action against EU countries 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.
The key decisions taken in the area of energy are presented below. The Commission is also closing 135 cases in which the issues with the EU countries concerned have been solved without the Commission needing to pursue the procedure further.
Letters of formal notice
Internal energy market: Commission calls on CROATIA to remove restrictions on export of gas and on ROMANIA to remove restrictions on export of electricity
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Croatia (INFR(2023)2031) for restricting the export of gas with measures that are incompatible with Articles 34, 35 and 36 TFEU and Directive 2009/73/EC concerning common rules for the internal market in natural gas. The Commission considers that these measures have an equivalent effect to a quantitative restriction on exports (Article 35 TFEU) and to quantitative restrictions on imports (Article 34 TFEU) and cannot be justified under Article 36 TFEU. The Commission also found that the Croatian legislation is in violation of the public service and customer protection obligations set out in Directive 2009/73/EC. Croatia now has two months to reply and address the shortcomings identified by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
The European Commission also decided to open an infringement procedure by sending a letter of formal notice to Romania (INFR(2023)2032) for restricting the export of electricity through a measure that is incompatible with Articles 35 and 36 TFEU, Directive (EU) 2019/944 and Regulation (EU) 2019/943 on the internal market for electricity. The Commission considers that this measure has an equivalent effect to a quantitative restriction on exports within the meaning of Article 35 TFEU and cannot be justified under Article 36 TFEU. For the same reasons, the measure is also considered to violate the abovementioned Electricity Directive and the Electricity Regulation. Romania now has two months to reply and address the shortcomings identified by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Radiation protection: Commission calls on IRELAND, FRANCE and CYPRUS to correctly transpose the Euratom Basic Safety Standards Directive
The European Commission decided to open three infringement procedures by sending letters of formal notice to Ireland (INFR(2023)2035), France (INFR(2023)2034) and Cyprus (INFR(2023)2033) for failing to correctly transpose the revised Basic Safety Standards Directive (Council Directive 2013/59/Euratom). The Directive, which modernises and consolidates EU radiation protection legislation, lays down basic safety standards to protect members of the public, workers and patients against the dangers arising from exposure to ionising radiation. It also includes emergency preparedness and response provisions that were strengthened following the Fukushima nuclear accident. In those three Member States, the transposition was found to be non-conforming in certain areas covered by the Directive. The conformity issues identified by the Commission are different for each Member State and concerns specific requirements of the Directive, including in relation to non-medical and medical exposures and emergency preparedness and response; to building materials that are of concern from a radiation protection point of view; the management of orphan sources and the powers assigned to their competent authorities; and concerning the provision of information to workers and occupational exposures. These Member States now have two months to reply and address the shortcomings identified by the Commission. Otherwise, the Commission may decide to send them a reasoned opinion.
Reasoned opinions
Renewable energy: Commission urges ESTONIA and FINLAND to fully transpose the Renewable Energy Directive
Today, the European Commission decided to send reasoned opinions to Estonia (INFR(2021)0200) and Finland (INFR(2021)0230) 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 electricity, heating and cooling, and transport in the EU. It sets an EU-level binding target for 2030 of at least 32% renewable energy and includes measures to ensure support for renewable energy to be cost-effective, and to simplify administrative procedures for renewable energy projects. It also facilitates the participation of citizens in the energy transition and sets specific targets to increase the share of renewables in the heating and cooling and transport sectors by 2030. 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 both Member States. To date, Estonia and Finland have only partially transposed the Directive. They now have two months to comply with the transposition obligation and notify the Commission. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union.
Energy performance of buildings: Commission urges POLAND to fully transpose the Energy Performance of Buildings Directive
Today, the European Commission decided to send a reasoned opinion to Poland (INFR(2020)0228) for failing to ensure full transposition into national law of Directive (EU) 2018/844 which amended Directive 2010/31/EU on the energy performance of buildings. The Directive introduced new elements to strengthen the existing framework, such as minimum energy performance requirements for new buildings, electromobility and recharging points, and new rules on the inspection of heating and air-conditioning systems. The deadline to transpose the Directive into national law expired in March 2020. In February 2022, the Commission sent a letter of formal notice to Poland after concluding that not all the provisions of the Directive had been transposed into national law. Having examined the reply from Poland as well as the national transposition measures notified, the Commission considers that Poland has still not fully transposed the Directive. Poland now has two months to comply with the transposition obligation and notify the Commission. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Internal energy market: Commission urges BULGARIA, LUXEMBOURG, THE NETHERLANDS, AUSTRIA and FINLAND to fully transpose EU rules on the internal electricity market
Today, the European Commission decided to send reasoned opinions to Luxembourg (INFR(2021)0067), the Netherlands (INFR(2021)0079), Austria (INFR(2021)0005) and Finland (INFR(2021)0045) for not having fully transposed EU rules for the internal electricity market set out in Directive (EU) 2019/944, amending Directive 2012/27/EU.
It also decided to send a reasoned opinion to Bulgaria (INFR(2021)0015) for not having indicated in a sufficiently clear and precise manner all the provisions in national legislation by which it considered that each provision of the Directive was transposed. This Directive lays down key rules regarding the organisation and functioning of the EU electricity sector to create truly integrated, competitive, consumer-centred, flexible, fair and transparent electricity markets across the Union. The deadline to transpose the Directive into national law was 31 December 2020.
In February 2021, letters of formal notice were sent to Luxembourg, the Netherlands, Austria and Finland, after the Commission concluded that not all the provisions of the Directive had been transposed into their national laws. 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. Regarding Bulgaria, the Commission sent a letter of formal notice in February 2021 considering that it had not notified transposition measures in a sufficiently clear and precise manner. These Member States now have two months to comply with the transposition obligations and notify the Commission. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
For more information on the EU infringement procedure, see the full list and its Q&A.
For more detail on all decisions taken, consult the infringement decisions' register.
Details
- Publication date
- 19 April 2023
- Author
- Directorate-General for Energy