European Commission Takes Ireland to the Court for Non-Transposition of the Renewable Energy Directive and Announces Further Legal Actions Against Other Member States

The European Commission has announced on 23 January 2014 that it is referring Ireland to the Court of Justice of the European Union for lack of transposition of Directive 2009/28/EC on the promotion of the use of energy from renewable sources (RES Directive). Member States had to adopt national transposition measures by 5 December 2010.

A letter of formal notice was sent to Ireland in January 2011 followed by a reasoned opinion in June 2012. The Commission is of the opinion that the transposition is still incomplete and therefore refers Ireland to the Court. The Commission deems that the transposition of the following Directive's provisions is lacking: 10% target for renewables in the transport sector, streamligning of administrative procedures, grid access rules for RES-electricity and sustainability criteria for biofuels.

 

The Commission proposes, together with the referral, a daily penalty fee of EUR 25 447.5. If the Court agrees with the Commission and condemns Ireland, it will fix a daily penalty fee - following of not the proposal by the Commission - which will have to be paid from the date of the Court's decitions and until completion of transposition.

 

Ireland joins the list of Member States  referred by the Commission to the Court for lack of transposition of the RES Directive. Austria is the last Member State which has been referred to the Court in November 2013 (IP/13/1113). Poland and Cyprus also received referral to the Court previously. The Commission is anouncing new possible procedures against other Member States over the coming months. In addition to Ireland, 10 Member States have not communicated the national transposition measures to the European Commission services.

 

The referral to the Court is part of the January Infringement package. The Czech Republic has also been targetted in this package for the energy legislation: the Commission sent a Reasoned Opinion for lack of transposition of the provisions of the Energy Services Directive 2006/32/EC related to smart meters (see related note on this blog).

 

Source: press release IP/14/44, European Commission, 21 January 2014.