EU Member States must transpose the third energy package (link) by 3 March 2011, for most of the provisions contained in: Directive 2009/72/EC on the internal market in electricity, and Directive 2009/73/EC on the internal market in natural gas. The provisions of Regulation (EC) No. 714/2009 on conditions for access to the network for cross-border exchanges in electricity, and of Regulation (EC) No. 715/2009 on conditions for access to the natural gas transmission networks also apply from 3 March 2011. Finally, Articles 5 to 11 of Regulation (EC) No. 713/2009 establishing the Agency for the Cooperation of Energy Regulators (ACER) apply from 3 March 2011. ACER will be officially inaugurated in Ljubljana, Slovenia, today (see, press release European Commission).
Meanwhile, the European Commissioner for Energy, Günther Oettinger, speaking at the occasion of the Energy Ministers Council on 28 February (see, video press conference), made clear that 3 March 2011 "is not an absolute deadline." The objective is to first complete the implementation of the second energy package, and then the one of the third energy package. On the implementation of the third energy package, the Commissioner underlined that it has been a progressive process since the adoption of the European legal texts. The European Commission is following the adoption of implementation measures by Member States, which it deems to be "on the right track." Once the national legislations will be passed, the Commission will monitor implementation and, when necessary, start infringement procedures. This means in practice that the Member States are given the necessary time to adopt their national implementation measures, but that the Commission will follow closely the process in the perspective of the completion of the internal market in energy by 2014.
Meanwhile, the European Commissioner for Energy, Günther Oettinger, speaking at the occasion of the Energy Ministers Council on 28 February (see, video press conference), made clear that 3 March 2011 "is not an absolute deadline." The objective is to first complete the implementation of the second energy package, and then the one of the third energy package. On the implementation of the third energy package, the Commissioner underlined that it has been a progressive process since the adoption of the European legal texts. The European Commission is following the adoption of implementation measures by Member States, which it deems to be "on the right track." Once the national legislations will be passed, the Commission will monitor implementation and, when necessary, start infringement procedures. This means in practice that the Member States are given the necessary time to adopt their national implementation measures, but that the Commission will follow closely the process in the perspective of the completion of the internal market in energy by 2014.
The same day, the Commission published a "non-paper" on The internal energy market - Time to switch into higher gear (available HERE). The Non-paper underlines the positive outcomes of the internal energy market before poiting out the shortcomings: lack of interconnection capacity; lack of fluid transmission if energy within and between some countries, in particular in for electricity in Central Europe; gass systems remain relatively isolated and hinders spreading the benefits of access to cheap LNG resulting in a difference of commodity price; barries to cross-border trading remain; powers and independence of the energy regulators must be reinforced; national market remain "highly concentrated with little evidence of new entry of independent suppliers"; the decrease in wholesale prices has not automatically benefited retail consumers, in particular for electricity; regulated prices still exist, having negative effects on market entrance capacity; retail prices diverge widely in Europe; consumer choice is still weak.
Based on this assessment, the Commission identifies in the non-paper three lines of action: market opening; upgrading and integrating the networks; empowering consumers (for details, see the non-paper). Once again, the actions identified are not new. But the details given under these three actions provide a glimpse of the contain of the proposals to come in the short-run for the completion of the internal market in energy by 2014.
Picture: (c) Council. Press conference, Council Transport-Telecommunications and Anergy, 28 February 2011, Commissioner G. Oettinger and Hungarian Minister for National Development (EU Presidency) T. Fellegi.
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