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Enforcing EU energy law

Infringement decisions

The European Commission (EC) is responsible for ensuring EU law on energy matters is correctly applied. It has the power to take legal action against any EU country that fails to comply and can refer them to the European Court of Justice.

April infringements package

Main decisions [MEMEO/13/375]

Energy Efficiency in Buildings: The Commission asks SLOVENIA and SPAIN to adopt national measures on energy efficiency in buildings

Today the Commission sent Reasoned Opinions to Slovenia and Spain asking them to notify to the Commission their implementation measures for the Energy Performance of Buildings Directive. Directive 2010/31/EU pdfhad to be transposed into national law by 9 July 2012. Under this Directive, Member States must establish and apply minimum energy performance requirements for new and existing buildings, ensure the certification of buildings' energy performance and require the regular inspection of heating and air conditioning systems. In addition, the Directive requires Member States to ensure that by 2021 all new buildings are so-called 'nearly zero-energy buildings'. If the two Member States do not comply with their legal obligation within two months, the Commission may decide to refer them to the Court of Justice.

In September 2012 the Commission started infringement procedures against 24 Member States that had not notified to the Commission the national measures transposing the Directive into national law. In the meantime most Member States notified the Commission of their national transposition, although Italy, Greece, Portugal, and Bulgaria did not and reasoned opinions were therefore sent to those countries in January 2013.

 

Internal energy market: Ireland called upon to comply with EU electricity internal market rules

Today the Commission sent an additional reasoned opinion to Ireland urging it again to fully transpose the Electricity Directive pdfof the third energy package. This Directive should have been fully transposed by the Member States already by 3 March 2011. It contains key provisions for a proper functioning of the electricity markets, such as new rules on unbundling of networks, rules strengthening the independence and powers of national regulators and rules on the improvement of the functioning of retail markets to the benefit of consumers. The additional reasoned opinion sent now complements the reasoned opinion that was already sent to Ireland in June 2012 and clarifies the Commission's views with regard to the transposition of the unbundling provisions in the Electricity Directive. If Ireland does not comply with its legal obligation within two months, the Commission may decide to refer the case to the Court of Justice.

In autumn 2011 the Commission launched infringement proceedings against 19 Member States for non-transposition of the Third Package Electricity and Gas Directives. In 2012 and early 2013 reasoned opinions were sent to 16 Member States who still had not completed the transposition. At the end of 2012 and in the beginning of 2013 a number of Member States were referred to Court. These were Poland, Slovenia, Finland, Bulgaria, Estonia, the UK and Romania. The Commission is still examining the situation in the few remaining Member States who had received reasoned opinions to verify if they have fully transposed the Directives.

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