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European Commission

Press release

Brussels, 21 June 2012

Internal energy market: national legislation in 3 Member States is still not fully in line with EU rules

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 internal energy market package had to be transposed by the Member States by 3 March 2011. To date Ireland and Slovenia have not informed the Commission of all the necessary transposition measures for fully transposing the two directives and Poland has not done so as regards the Gas Directive.

Consequently, the Commission sent today reasoned opinions to these 3 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 recent reasoned opinions sent:

  • in February 2012 to eight Member States who had at that time not notified any transposition measures to the Commission,

  • and in April and May 2012 to six Member States who had failed to notify measures fully transposing the Directives.


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 who 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, in April 2012, see IP/12/410, and in May 2012, see IP/12/543.

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/12/464.

Contacts :

Marlene Holzner (+32 2 296 01 96)

Nicole Bockstaller (+32 2 295 25 89)

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