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The European Commission Seeks For Implementation of Second Energy Package: 35 Reasoned Opinions Sent to 20 Member States


On 24 June, the European Commission has sent 35 reasoned opinions to 20 Member States in relation to the implementation of second energy liberalisation package.

The EU legislation which the European Commission suspects the non-implementation or non-conform implementation concerns:

  • Access conditions to transmission networks, with entailed consequences for transparency and capacity increase in the context of cross-border trade: Regulation (EC) No. 1228/2003 on conditions for access to the network for cross-border exchanges in electricity, as amended; Regulation (EC) No.1775/2005 on conditions for access to the natural gas transmission networks. Here the Commission's concerns focus on: management of network congestion and information on capacity at interconnectors; network charges; balancing rules and inbalances charges; TSO role regarding transparency requirements, and regarding TPA services; capacity management (in particular the absence of interruptible reverse flow capacity, blackhaul); compliance rules including penalties; the competent authorities have not approved the relevant points of the transmission system;
  • Alternative dispute settlement procedures, as required by: second electricity Directive 2003/54/EC; and second gas Directive 2003/55/EC.

By launching such a wide procedure, the Commission seems to be keen to ensure that previous legislation is already implemented and conform before the forthcoming adoption of a new legislative package focused on energy infrastructure.

Based on the procedure defined in Article 258 of the Treaty on the Functioning of the European Union (TFEU), Member States have to answer the critics made by the Commission within a delay of 2 months.

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