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European Commission - Press release

Internal energy market: Poland called upon to comply with EU legislation

Brussels, 31 May 2012 - The best way for ensuring security of supply and competitive energy prices for all is to open energy markets to competition. An efficient, interconnected and transparent European internal energy market will make the market more accessible to different suppliers and thereby offer consumers a wider choice between different companies supplying gas and electricity.

The Electricity and Gas Directives of the Third Energy Package had to be transposed by the Member States by 3 March 2011. To date Poland has not informed the Commission of all the necessary transposition measures for fully transposing the Electricity Directive.

Consequently, the Commission sent today a reasoned opinion to Poland to urge it to comply with its legal obligation. Poland now has two months to respond. If it fails to comply the Commission may refer it to the Court of Justice of the European Union.

The Commission is also 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 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, and in April 2012 to 5 Member States, who have failed to notify measures fully transposing the Directives.

For the reasoned opinions which were sent in February 2012, see IP/12/181, and in April 2012, see IP/12/410.

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 facts on infringements in general can be found at:

For more information on EU infringement procedures, see MEMO/12/387.

Contacts :

Marlene Holzner (+32 2 296 01 96)

Nicole Bockstaller (+32 2 295 25 89)

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