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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.

July 2014 infringements package

April 2014 infringements package

March 2014 infringements package

Energy Services: the Commission asks Lithuania to ensure that heat and hot-water consumers are provided with individual meters [IP/14/241]

The Commission has today formally requested Lithuania to bring its national law in line with the EU Energy Services Directive (2006/32/EC) as regards heat and hot-water metering and billing. Under this Directive the Member States have to ensure that final energy customers are provided with competitively priced individual meters that accurately reflect their actual consumption. Individual metering plays a crucial role in promoting the efficient use of energy as it allows energy consumers to better monitor their individual consumption of electricity, gas, heating/cooling or hot water. Individual metering is also needed for the provision of individual billing based on actual consumption. The Directive had to be fully transposed into national law by 17 May 2008. The Commission's request takes the form of a reasoned opinion under the EU infringement procedure. If Lithuania does not comply with its legal obligation within two months, the Commission may decide to refer it to the Court of Justice. For more information on the Energy Services Directive

February 2014 infringements package

January 2014 infringements package

  • Energy Services: the Commission asks the CZECH REPUBLIC to ensure that final energy consumers are provided with individual meters

The Commission has today formally requested the Czech Republic to bring its national law in line with the EU Energy Services Directive (2006/32/EC). Under this Directive the Member States have to ensure that final energy customers are provided with competitively priced individual meters that accurately reflect their actual consumption. Individual metering plays a crucial role for promoting the efficient use of energy as it allows energy consumers to better monitor their individual consumption of electricity, gas, heating/cooling or hot water. Individual metering is also needed for the provision of individual billing based on actual consumption. The Directive had to be fully transposed into national law by 17 May 2008. The Commission's request takes the form of a reasoned opinion under the EU infringement procedure. If the Czech Republic does not comply with its legal obligation within two months, the Commission may decide to refer it to the Court of Justice.

November 2013 infringements package

 

October 2013 infringements package

  • Energy Efficiency in Build ings: the Czech Republic and Romania are requested to adopt national measures on energy efficiency in buildings

The Commission has formally requested the Czech Republic and Romania to ensure full compliance with their obligations under EU legislation on energy efficiency in buildings (Directive 2010/31/EU). The Commission sent a reasoned opinion to the two Member States asking them to notify the Commission of all their transposition measures for the directive, which had to be transposed into national law by 9 July 2012. If the Member States do not comply with their legal obligation within two months, the Commission may decide to refer them to the Court of Justice. Under this directive Member States must establish and apply minimum energy performance requirements for buildings; ensure that the building's energy performance is certified and carry out regular inspections of heating and air conditioning systems. In addition, the directive requires Member States to ensure that from 2021 onwards all new buildings will be so-called nearly zero-energy buildings. In September 2012 the Commission started infringement procedures against 24 Member States (all except Denmark, Ireland and Sweden) that had not notified the Commission of national measures transposing the directive into national law. Reasoned opinions were already sent to Italy, Greece, Portugal and Bulgaria in January 2013, to Spain and Slovenia in April 2013, to Belgium, Germany, Finland, France, Latvia, Poland and the Netherlands in June 2013 and to Austria, Cyprus, Estonia, Lithuania, Luxembourg, Hungary and the United Kingdom in September 2013. More information here: http://ec.europa.eu/energy/efficiency/buildings/buildings_en.htm

September 2013 infringements package

  • Energy Efficiency in Buildings: Seven Member States requested to adopt national measures on energy efficiency in buildings

The Commission has formally requested Austria, Cyprus, Estonia, Lithuania, Luxembourg, Hungary and the United Kingdom to ensure full compliance with their obligations under EU legislation on energy efficiency in buildings (Directive 2010/31/EU pdf). The Commission sent a reasoned opinion to these Member States asking them to notify the Commission of all their transposition measures for the directive, which had to be transposed into national law by 9 July 2012. If the Member States do not comply with their legal obligation within two months, the Commission may decide to refer them to the Court of Justice. Under this directive Member States must establish and apply minimum energy performance requirements for 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 from 2021 onwards all new buildings will be so-called nearly zero-energy buildings. 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. Reasoned opinions were already sent to Italy, Greece, Portugal and Bulgaria in January 2013, to Spain and Slovenia in April 2013 and to Belgium, Germany, Finland, France, Latvia, Poland and the Netherlands in June 2013. More information here: http://ec.europa.eu/energy/efficiency/buildings/buildings_en.htm

  • Renewable energy: Italy and Spain called upon to comply with EU renewable energy rules

The Commission has formally requested Italy and Spain to take action and ensure full compliance with EU rules on renewable energy. The Commission has sent a reasoned opinion to these countries for not informing the Commission about the full transposition of the Renewables Directive (Directive pdf2009/28/EC pdf). The law had to be implemented by Member States by 5 December 2010. However, Italy and Spain have not informed the Commission of all the necessary transposition measures for fully transposing the Directive into their national legislation. 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. These two reasoned opinions complement 17 similar procedures involving Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Estonia, Finland, France, Hungary, Greece, Ireland, Luxembourg, Malta, Poland, Slovenia, Latvia and the Netherlands. According to the Directive, every Member State has to reach individual targets for the overall share of renewable energy in energy consumption. For reaching these targets, Member States have to lay down rules, for example, for improving the grid access for electricity from renewable energy, the administrative and planning procedures, information and training of installers. In addition, where biofuels are used to achieve the transport target, these must meet a set of sustainability requirements, which also need to be included in national legislation. More information here: http://ec.europa.eu/energy/renewables/targets_en.htm

June 2013 infringements package

Today the Commission has formally requested Belgium, Cyprus, the Czech Republic, Portugal and Romania to take action to ensure full compliance with their obligations under EU legislation on oil stocks. The directive (2009/119/EC) pdf requires that Member States maintain minimum stocks of crude oil and/or petroleum products to ensure security of oil supply in case of possible disruptions. Given the importance of oil in the EU's energy mix, the EU's strong external dependence for supply of crude oil and petroleum products and the geopolitical uncertainty in many producer regions, it is vital to guarantee consumers' access to petroleum products at all times. The European Commission sent today a reasoned opinion to Belgium, Cyprus, the Czech Republic, Portugal and Romania which have not yet informed the Commission of any measures for transposing the Directive into their national legislation. If the Member States do not comply with their legal obligation within two months, the Commission may decide to refer them to the Court of Justice.

The directive had to be transposed by the Member States by 31 December 2012. Infringement procedures were opened in January 2013 against 17 Member States that had failed to comply with their transposition obligations. A letter of formal notice was sent to Belgium, Bulgaria, Cyprus, Czech Republic, Greece, Spain, Hungary, Lithuania, Luxembourg, Latvia, Malta, the Netherlands, Poland, Portugal, Romania, Slovenia and the United Kingdom. The Commission examines the situation in the other Member States against which infringement procedures were opened and the present action could be complemented with further reasoned opinions in the forthcoming infringement cycles.

More information

Today the Commission has formally requested Belgium, Finland, France, Latvia, Germany, the Netherlands and Poland to take action and ensure full compliance with their obligations under EU legislation on energy efficiency in buildings Directive 2010/31/EU pdf). The Commission sent a reasoned opinion to these Member States asking them to notify the Commission of all their implementation measures for the directive which had to be transposed into national law by 9 July 2012. Under this law 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 from 2021 onwards all new buildings will be so-called nearly zero-energy buildings. By properly transposing and implementing the directive EU Member States can achieve a significant amount of cost-effective energy savings and lower greenhouse gas emissions. If the 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 a number of Member States notified the Commission of their national transposition, although several did not, and reasoned opinions were therefore sent to Italy, Greece, Portugal, and Bulgaria in January 2013, and to Spain and Slovenia in April 2013. The Commission has also decided to refer Portugal to the European Court of Justice for not adopting legislation to transpose the energy efficiency of buildings directive into national law (see IP/13/579All available translations.).

More information

May 2013 infringements package

Renewable Energy: Belgium and Estonia called upon to comply with EU renewable energy rules [MEMO/13/470]

Today the Commission has formally request Belgiumand Estoniato take action to ensure full compliance with EU rules on renewables. The European Commission has sent reasoned opinions to Belgium and Estonia for not informing the Commission about the full transposition of the Renewable Energy Directive (Directive 2009/28/EC) pdf. The Renewable Energy Directive had to be implemented by Member States by 5 December 2010. However, Belgium and Estonia have not informed the Commission of all the necessary transposition measures for fully transposing the Directive into their national legislation. 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. These two reasoned opinions complement similar procedures involving Austria, Cyprus, Czech Republic, Finland, Hungary, Ireland, Poland, Slovenia, Latvia and the Netherlands.

More information here: http://ec.europa.eu/energy/renewables/targets_en.htm

April 2013 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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