Brussels, 29 January 2009
The Commission considers that the rules that impose the major electricity producers to sell a quota of their production to the incumbent company at a regulated purchase price, may lead to distortions in the opening of the electricity market. The Commission considers that there are irregularities in the third party access principle of the electricity directive and of the auction rules for allocating capacity of the electricity regulation.
The reasoned opinion is the second step in the infringement procedure. Member States has now two months to take the necessary measures to comply with the reasoned opinion. The Commission can then decide to bring the matter before the European Court of Justice