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European Commission - Press release

Internal energy market: national legislation in 5 Member States is still not fully in line with EU rules

Brussels, 26 April 2012 - Opening energy markets for competition is key to competitiveness of the EU economy as a whole. An efficient, interconnected and transparent European internal energy market will also offer consumers a choice between different companies supplying gas and electricity and will make the market accessible to all suppliers.

The Electricity and Gas Directives of the Third Energy Package had to be transposed by the Member States by 3 March 2011. As to date Finland, Sweden and the United Kingdom have not informed the Commission of all the necessary transposition measures for fully transposing the two Directives and Austria and Estonia have not done so as regards the Electricity Directive.

Consequently, the Commission sent today 8 reasoned opinions to these 5 Member States to urge them to comply with their legal obligation. The Member States now have two months to respond. If they fail to comply the Commission may refer them to the Court of Justice of the European Union.

This action complements the reasoned opinions sent in February 2012 to 8 Member States, who have at that time not notified any transposition measures to the Commission.

At the same time, the Commission is still analysing the measures notified by other Member States which have only partially transposed the Directives, and will decide on further steps in the coming months.


In February 2011, the EU Heads of State and Governments declared the need to complete the internal energy market by 2014. To achieve this, timely and complete transposition of EU legislation on the single market of gas and electricity into national law is crucial. The third energy package includes key provisions for a proper functioning of the energy markets, including new rules on unbundling of networks, rules strengthening the independence and the powers of national regulators and rules on the improvement of the functioning of retail markets to the benefit of consumers.

The concerned Directives of the Third Energy Package are:

  • Directive on common rules for the internal market in gas (2009/73/EC)

  • Directive on common rules for the internal market in electricity (2009/72/EC)

This infringement exercise addresses non-communication cases of the transposition of the Third Energy Package against some of the Member States have only partially transposed the provisions of the above mentioned directives.

For the reasoned opinions which were sent in February 2012, see IP/12/181.

More information

The Electricity Directive (2009/72/EC), and the Gas Directive (2009/73/EC), can be consulted here.

Commission web page on the Internal Energy Market:

Current figures on infringements in general can be found at:

For more information on EU infringement procedures, see MEMO/12/279

Contacts :

Marlene Holzner (+32 2 296 01 96)

Nicole Bockstaller (+32 2 295 25 89)

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