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MEMO/06/152

Brussels, 4 April 2006

Infringement procedures opened in the gas and electricity market sector, by Member State


Directive 2003/54/EC
Electricity
Directive 2003/55/EC
Gas
BELGIUM
Letter of formal notice (first stage of infringement procedure)
Letter of formal notice
CZECH REPUBLIC
Letter of formal notice
Letter of formal notice
DENMARK
National implementing measures in conformity with the Community Directive
National implementing measures in conformity with the Community Directive
GERMANY
Letter of formal notice
National implementing measures in conformity with the Community Directive
ESTONIA
Letter of formal notice
National implementing measures in conformity with the Community Directive
GREECE
Letter of formal notice
Letter of formal notice
SPAIN
Letter of formal notice following complaint;
Member State also brought before the European Court of Justice for failure to notify transposition
Letter of formal notice following complaint
Member State also brought before the European Court of Justice for failure to notify transposition
FRANCE
Letter of formal notice
Letter of formal notice
IRELAND
Letter of formal notice
Letter of formal notice
ITALY
Letter of formal notice
Letter of formal notice
CYPRUS
National implementing measures communicated
Emerging market in gas; exceptions provided for in the directive

LATVIA
Letter of formal notice
Request for derogation
LITHUANIA
Letter of formal notice  
Letter of formal notice
LUXEMBOURG
Member State brought before the European Court of Justice for failure to notify transposition
Member State brought before the European Court of Justice for failure to notify transposition
HUNGARY
National implementing measures being examined
National implementing measures being examined
MALTA
Request for derogation
No gas infrastructure
NETHERLANDS
National implementing measures in conformity with the Community Directive
National implementing measures in conformity with the Community Directive
AUSTRIA
Letter of formal notice
Letter of formal notice
POLAND
Letter of formal notice
Letter of formal notice
PORTUGAL
National implementing measures communicated being examined
Emerging market in gas
SLOVENIA
National implementing measures analysed
National implementing measures in conformity with the Community Directive
SLOVAK REPUBLIC
Letter of formal notice
Letter of formal notice
FINLAND
Letter of formal notice
National implementing measures in conformity with the Community Directive
SWEDEN
Letter of formal notice
National implementing measures in conformity with the Community Directive
UNITED KINGDOM
Letter of formal notice
National implementing measures in conformity with the Community Directive

LETTERS OF FORMAL NOTICE
For Directives 2003/54/CE and 2003/55/CE

Member State
Observations
Market
AUSTRIA
Electricity+gas
1) Absence of, or insufficient legal unbundling of transmission and distribution system operators in order to guarantee their independence
2) Insufficient competences of the regulators in relation to the directives, in particular with respect to the possibilities to file complaints to the regulator
3) Preferential access for certain historical contracts in the market of electricity and gas
4) absence of some regional laws
GAS
EL+GAS

EL+GAS


EL
BELGIUM
Electricity+gas
1) Absence of formal designation of transmission operator
2) Discriminatory system of third party access to the transmission and distribution systems and the insufficient transparency of the connection tariffs
3 ) exemption of regulation for certain new investments
GAS
EL+GAS
EL+GAS
CZECH REPUBLIC
Electricity+gas
1) Absence of, or insufficient legal unbundling of transmission and distribution system operators in order to guarantee their independence
2) non publication of conditions for access to storage discriminatory system of third party access to the transmission and distribution systems and the insufficient transparency of the connection tariffs
3) Absence of the notification of the public service obligations
4) Preferential access for certain historical contracts in the market of electricity and gas
EL+GAS
GAS
EL+GAS
EL+GAS
ESTONIA
Electricity
1) absence of independence of the transmission system operator and distribution system m operator in the management
2 )Insufficient competences of the regulators in relation to the management ad allocation of interconnection capacity
3) existence of regulated prices which block arrival of new suppliers
4) Absence of the notification of the public service obligations
EL
EL
EL
EL
FINLAND
Electricity
Absence of, or insufficient functional unbundling of t and distribution system operators in order to guarantee their independence
EL
FRANCE
Electricity+gas
1) Absence of, or insufficient legal unbundling distribution system operators in order to guarantee their independence
2) Existence of regulated prices which block the arrival of new suppliers
3) Absence of the notification of the public service obligations
4) Preferential access for certain l contracts in the market of electricity
5) non publication of commercial conditions for access to storage
EL+GAS

EL+GAS


EL+GAS

EL


GAS
GERMANY
Electricity
1) Absence of the notification of public service obligations
2) Preferential access for certain historical contracts in the market of electricity
EL
EL
GREECE
Electricity+gas
1) Absence of, or insufficient legal and management unbundling of transmission and distribution system operators in order to guarantee their independence
2) Freedom to choose supplier
3) absence of the notification of the public service obligations
EL
GAS
EL
IRELAND
Electricity+gas
1) Absence of the notification of the public service obligations
2) Absence of legal unbundling TSO
3) Regulated prices
EL+GAS
EL+GAS
EL+GAS
ITALY
Electricity+gas
1) Absence of, or insufficient functional unbundling of transmission and system operators in order to guarantee its independence
2) absence of /or insufficient unbundling of distribution system operators in order to guarantee their independence
3) Existence of regulated prices which block the arrival of new suppliers
4) Preferential access for certain historical contracts in the market of electricity and gas
GAS
EL+GAS

EL


EL
LATVIA
Electricity
1) Existence of regulated prices which block the arrival of new suppliers
2) Absence of the notification of the public service obligations
EL


EL

LITHUANIA
Electricity+gas
1) delay in the entry into force of legal unbundling of transmission and distribution system operators
2) Discriminatory system of third party access to the transmission and distribution systems and the insufficient transparency of the access conditions
3) Absence of the notification of the public service obligations
EL


GAS
EL+GAS
POLAND
Electricity+gas
1) Absence of, or insufficient legal unbundling of and distribution system operators in order to guarantee their independence
2) Absence of the notification of the public service obligations
3) Preferential access for certain historical contracts in the market of electricity
4) No labelling provisions in national legislation
EL+GAS


EL+GAS

EL

EL
SLOVAKIA
Electricity+gas
1) Absence of, or insufficient legal unbundling of transmission and distribution system operators in order to guarantee their independence
2) Absence of the notification of the public service obligations
3) Preferential access for certain contracts in the market of electricity
EL+GAS
EL+GAS
EL
SPAIN
Electricity+gas
1) Existence of regulated prices which block the arrival of new suppliers.
2) Absence / insufficient functional and accounting unbundling of transmission and distribution system operators in order to guarantee their independence
EL


GAS
SWEDEN
Electricity
1) Absence of, or insufficient functional unbundling of and distribution system operators in order to guarantee their independence
2) Insufficient competences of the regulators in relation to the directives, in particular for fixing the tariffs of access to the networks
EL
EL
UNITED KINGDOM
Electricity
Preferential access for certain historical contracts in the market of electricity
EL


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