November 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 November infringements, there is one reasoned opinion and one referral to the Court of Justice on energy-related issues.

Renewable energy: Commission urges HUNGARY and SWEDEN to fully transpose the Renewable Energy Directive

Today, the European Commission decided to send an additional reasoned opinion to Hungary (INFR(2021)0256) and a reasoned opinion to Sweden (INFR(2021)0344) 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 % of energy from renewable sources in the Union's gross final consumption of energy by 2030. 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 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.

As regards Hungary, the Commission decided to refer the Member State to the Court of Justice of the European Union for lack of transposition of the Directive, in particular for having failed to notify a correlation table or another equivalent explanatory document specifying how Hungary had transposed each provision of the Directive. After having received the correlation table from Hungary, the Commission decided not to continue the procedure before the Court. However, following the assessment of the correlation table, the Commission has now decided to send an additional reasoned opinion to Hungary because the transposition of the Directive is considered incomplete.

As regards Sweden, the Commission sent a letter of formal notice in July 2021 for failure to transpose the Directive. After having examined the reply from Sweden to the letter of formal notice, including the national transposition measures notified, the Commission considers that Sweden has still not fully transposed the Directive. Both Sweden and Hungary now have two months to remedy the situation and notify to the Commission the complete transposition of the Directive. In the absence of satisfactory responses, the Commission may decide to refer the cases to the Court of Justice of the European Union.

Security of gas supply: Commission decides to refer POLAND to the Court of Justice for measures imposing additional costs on cross-border gas trade

Today, the European Commission decided to refer Poland (INFR(2017)2155) to the Court of Justice of the European Union for imposing restrictive requirements on companies engaged in the cross-border trade of natural gas under its national gas storage legislation which are incompatible with the EU's Security of Gas Supply Regulation (Regulation (EU) 2017/1938). The national gas storage legislation requires undertakings using storage facilities outside Poland to book firm transport capacities and prohibits such undertakings to trade those capacities in case of non-use, except for the case of a gas supply crisis. Gas suppliers using storage facilities in Poland are not subject to such restrictions. These restrictions risk distorting the market, hampering the functioning of the internal market, and risking jeopardising security of gas supply, since the national law increases the risk for congestions at interconnection points. Today's decision is the latest step of an infringement procedure initiated by the Commission in 2018, based on its own investigation and several complaints from market operators. Despite regular exchanges, Poland has not yet remedied the situation. Since the functioning of the gas storage market within the Union and non-discriminatory rules for access conditions to natural gas transmission systems are key to ensure security of supply and to stabilise energy prices, the Commission has decided to refer the case to the Court of Justice of the European Union. More information is available in the press release.

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.