February 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 February infringements, there is one energy-related letter of formal notice and one reasoned opinion. 

Security of energy supply: Commission calls on BULGARIA to fully comply with Security of Gas Supply Regulation

The European Commission decided to open an infringement procedure by sending a letter of formal notice to Bulgaria (INFR(2023)2190) for failing to comply with the obligations to notify certain information to the Commission set out in the EU Regulation to safeguard security of gas supply (Regulation (EU) 2017/1938). Under the EU Security of Gas Supply Regulation, Member States are obliged to establish a preventive action plan containing the measures needed to remove or mitigate the identified risks to gas supply; and an emergency plan containing the measures to be taken to remove or mitigate the impact of a disruption of gas supply. These plans are to be updated, made public and notified to the Commission every four years. The first update was due on 1 March 2023. To date, Bulgaria has not yet notified its updated Preventive Action Plan and Emergency Plan. The Commission considers that Bulgaria failed to fulfil its obligations under the Security of Gas Supply Regulation and is therefore sending a letter of formal notice to Bulgaria, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion to Bulgaria.

Renewable energy: Commission urges BELGIUM to fully transpose the Renewable Energy Directive

Today, the European Commission decided to send a reasoned opinion to Belgium (INFR(2021)0145) 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 overall EU-level binding target for 2030 of at least 32% of energy from renewable sources in the Union's gross final consumption of energy. The Directive provides supportive measures for renewable energy to be cost-effective and simplifies administrative procedures for renewable energy projects. It also facilitates the participation of citizens in the clean 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 Belgium for failure to communicate the full transposition of the Directive. To date, Belgium has only partially transposed the Directive. Therefore, the Commission has decided to issue a reasoned opinion to Belgium, which now has two months to respond and take the necessary measures. 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 press release and Q&A. For more detail on the history of a case, you can consult the infringement decisions' register.