October 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 October infringements, there are 2 reasoned opinions on energy-related issues.

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

Today, the European Commission decided to send an additional reasoned opinion to Portugal (INFR(2021)0326) 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 May 2022, the Commission sent Portugal a reasoned opinion. In February 2023, the Commission decided to refer Portugal 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 explanatory document specifying how Portugal had transposed each provision of the Directive. After reception of a correlation table from Portugal, the Commission decided not to continue the procedure before the Court. Following the assessment of the correlation table, the Commission has now decided to send an additional reasoned opinion to Portugal because the transposition of the Directive was still not complete. Portugal now has 2 months to remedy the situation and notify the Commission of complete transposition of the Directive. Otherwise, the Commission may decide to refer the case back to the Court of Justice of the European Union.

Internal energy market: Commission urges ESTONIA, GREECE and PORTUGAL to fully transpose EU rules on the internal electricity market

Today, the European Commission decided to send a reasoned opinion to Estonia (INFR(2021)0033), Greece (INFR(2021)0037) and Portugal (INFR(2021)0087) for not having fully transposed EU rules for the internal electricity market set out in the 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 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. The Commission sent a letter of formal notice to Estonia, Greece and Portugal in February 2021, 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 2 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.