IP/09/181

Brussels, 29 January 2009

Commission addresses a reasoned opinion to Bulgaria for not compliance with the electricity directive

The Commission decided today to continue its action against Bulgaria for failure to implement directive 2003/54/EC of the European Parliament and of the Council of 16 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC.

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