February infringements package: energy

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 concerning energy policy are presented below. 

Letters or formal notice

Energy labels: Commission calls on the NETHERLANDS to comply with the EU Tyre Labelling Regulation

The European Commission decided to open an infringement procedure by sending a letter of formal notice to the Netherlands (INFR(2022)2219) for failing to notify the national rules on penalties and enforcement mechanisms required under the EU Regulation on the labelling of tyres with respect to fuel efficiency and other parameters (Regulation (EU) 2020/740).

Member States were required to notify their rules on penalties and enforcement to the Commission by 1 May 2021. The Netherlands had not notified its rules to the Commission by the given deadline. The Commission has been in contact with the Dutch authorities since June 2021 and reminded the Netherlands about this reporting obligation. However, the Netherlands has not yet adopted or notified their penalties scheme, so the Commission has decided to issue a letter of formal notice. The Netherlands now has two months to reply and notify its penalty regime to the Commission. Otherwise, the Commission may decide to issue a reasoned opinion.

Offshore energy: Commission calls on CYPRUS to correctly transpose EU rules on the safety of offshore oil and gas operations

The European Commission decided to open an infringement procedure by sending a letter of formal notice to Cyprus (INFR(2022)2220) for failing to correctly transpose into national legislation certain provisions of the EU Offshore Safety Directive (Directive 2013/30/EU). This directive put in place rules to help prevent accidents at offshore energy installations and to respond promptly and efficiently should such accidents occur. Member States must ensure that companies to which they grant a licence for exploration or production have the necessary technical and financial means and that they keep resources available to put them into operation when necessary. An independent authority needs to be in place in order to ensure that safety requirements are respected, as well as an adequate system to handle compensation claims in case of accident. Companies are fully liable for environmental damages caused to protected species and natural habitats. The deadline to transpose the directive into national law was 19 July 2015. The Commission has supported Cyprus in transposing and implementing the EU rules, but it found that a number of provisions were not correctly transposed. Cyprus now has two months to address the shortcomings identified by the Commission. Otherwise, the Commission may decide to send a reasoned opinion.

Reasoned opinions

Renewable energy: Commission urges LATVIA and POLAND to fully transpose the Renewable Energy Directive

Today, the European Commission decided to send a reasoned opinion to Latvia (INFR(2021)0293) and Poland (INFR(2021)0317) 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 is 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, Latvia and Poland 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 the NETHERLANDS to fully transpose the Energy Performance of Buildings Directive

Today, the European Commission decided to send a reasoned opinion to the Netherlands (INFR(2021)2272) 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 on 10 March 2020. In February 2022, the Commission sent a letter of formal notice to the Netherlands after concluding that not all the provisions of the directive had been transposed into national law. Having examined the reply from the Netherlands as well as the national transposition measures notified, the Commission considers that the Netherlands have still not fully transposed the directive. The Netherlands 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.

Energy efficiency: Commission urges HUNGARY to complete the transposition of the Energy Efficiency Directive

Today, the European Commission decided to send a reasoned opinion to Hungary (INFR(2020)0530) for failing to ensure full transposition of the revised Energy Efficiency Directive (Directive (EU) 2018/2002), amending Directive 2012/27/EU. This Directive seeks to establish a common framework of measures to promote energy efficiency and sets a binding EU energy efficiency target for 2030 of at least 32.5%. Member States were required to transpose the directive by 25 October 2020. In November 2020, the Commission sent a letter of formal notice to Hungary, after not having been notified of the full transposition of the directive. After examination of the national transposition measures, the Commission considers that the transposition is still not complete. Hungary 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.

Radiation protection: Commission urges PORTUGAL to correctly transpose the Euratom Drinking Water Directive

Today, the European Commission decided to send a reasoned opinion to Portugal (INFR(2021)2096) requesting the correct transposition into national legislation of the Euratom Drinking Water Directive (Council Directive 2013/51/Euratom). The directive lays down requirements for the protection of public health with regard to radioactive substances in water intended for human consumption. It sets out parametric values, frequencies and methods for monitoring those substances and provides for the establishment of monitoring programmes to check that drinking water meets the requirements of the directive. In addition, the directive also requires that citizens are adequately and appropriately informed of the quality of the water they consume. In July 2021, the Commission sent a letter of formal notice to Portugal urging it to comply with the requirements of the directive. To date, the Commission still considers that the Member State has not correctly transposed the Directive. Portugal has two months to address the shortcomings identified by the Commission. Otherwise, the Commission may decide to refer it to the Court of Justice of the European Union.

Referrals to the Court of Justice

Commission decides to refer CROATIA, HUNGARY and PORTUGAL to the Court of Justice to ensure the development of renewable energy

Today, the European Commission decided to refer Croatia (INFR(2021)0248), Hungary (INFR(2021)0256) and Portugal (INFR(2021)0326) to the Court of Justice of the European Union for not having notified full transposition of Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources. These Member States have failed to notify appropriately where they have transposed each provision of the Directive in their national legislation. 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 that support for renewable energy is 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 all Member States regarding the transposition of this directive. In May 2022, the Commission sent reasoned opinions to 10 Member States. The Commission has now decided to refer Croatia, Hungary and Portugal to the Court of Justice of the European Union, with a request to impose financial sanctions in accordance with Article 260(3) TFEU. A press release is available here.

For more information on the EU infringement procedure, see today’s full decision and the Q&A.

For more detail on all decisions taken, consult the infringement decisions' register.