MEMO/06/152
Brussels, 4 April 2006
Infringement procedures opened in the gas and
electricity market sector, by Member State
Directive
Electricity
2003/54/EC Directive
Gas
2003/55/EC
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
following complaint;
notice
Letter of formal
following complaint
notice
Member State also brought
before the European Court of
Justice for failure to notify
transposition
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
2
LETTERS OF FORMAL NOTICE
For Directives 2003/54/CE and 2003/55/CE
Member State
AUSTRIA
Electricity+gas
Observations
Market
1) Absence of, or insufficient legal unbundling of transmission GAS
and distribution system operators in order to guarantee their
independence
2) Insufficient competences of the regulators in relation to the EL+GAS
directives, in particular with respect to the possibilities to file
complaints to the regulator
3) Preferential access for certain historical contracts in the EL+GAS
market of electricity and gas
4) absence of some regional laws
EL
BELGIUM
1) Absence of formal designation of transmission operator
GAS
Electricity+gas
2) Discriminatory system of third party access to the EL+GAS
transmission and distribution systems and the insufficient
transparency of the connection tariffs
3 ) exemption of regulation for certain new investments
CZECH
REPUBLIC
EL+GAS
1) Absence of, or insufficient legal unbundling of transmission EL+GAS
and distribution system operators in order to guarantee their
independence
Electricity+gas
2) non publication of conditions for
access to storage GAS
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
EL+GAS
4) Preferential access for certain historical contracts in the EL+GAS
market of electricity and gas
ESTONIA
1) absence of independence of the transmission system EL
operator and distribution system m operator in the management
Electricity
2 )Insufficient competences of the regulators in relation to the
EL
management ad allocation of interconnection capacity
3) existence of regulated prices which block arrival of new EL
suppliers
4) Absence of the notification of the public service obligations
FINLAND
Electricity
EL
Absence of, or insufficient functional unbundling of t and EL
distribution system operators in order to guarantee their
independence
3
FRANCE
1) Absence of, or insufficient legal unbundling distribution EL+GAS
system operators in order to guarantee their independence
Electricity+gas
2) Existence of regulated prices which block the arrival of new EL+GAS
suppliers
3) Absence of the notification of the public service obligations
EL+GAS
4) Preferential access for certain l contracts in the market of EL
electricity
5) non publication of commercial
storage
conditions for
access to GAS
GERMANY
1) Absence of the notification of public service obligations
Electricity
2) Preferential access for certain historical contracts in the EL
market of electricity
GREECE
1) Absence of, or insufficient legal and management unbundling EL
of transmission and distribution system operators in order to
guarantee their independence
Electricity+gas
EL
2) Freedom to choose supplier
GAS
3) absence of the notification of the public service obligations
EL
IRELAND
1) Absence of the notification of the public service obligations
EL+GAS
Electricity+gas
2) Absence of legal unbundling TSO
EL+GAS
3) Regulated prices
EL+GAS
ITALY
Electricity+gas
1) Absence of, or insufficient functional
unbundling of GAS
transmission and system operators in order to guarantee its
independence
2) absence of /or insufficient unbundling of distribution system EL+GAS
operators in order to guarantee their independence
3) Existence of regulated prices which block the arrival of new EL
suppliers
4) Preferential access for certain historical contracts in the EL
market of electricity and gas
LATVIA
1) Existence of regulated prices which block the arrival of new EL
suppliers
Electricity
2) Absence of the notification of the public service obligations
4
EL
LITHUANIA
1) delay in the entry into force of
legal unbundling of EL
transmission and distribution system operators
Electricity+gas
2) Discriminatory system of third party access to the GAS
transmission and distribution systems and the insufficient
transparency of the access conditions
EL+GAS
3) Absence of the notification of the public service obligations
POLAND
1) Absence of, or insufficient legal unbundling of and distribution EL+GAS
system operators in order to guarantee their independence
Electricity+gas
2) Absence of the notification of the public service obligations
EL+GAS
3) Preferential access for certain historical contracts in the EL
market of electricity
4) No labelling provisions in national legislation
SLOVAKIA
Electricity+gas
SPAIN
EL
1) Absence of, or insufficient legal unbundling of transmission EL+GAS
and distribution system operators in order to guarantee their
independence
2) Absence of the notification of the public service obligations
EL+GAS
3) Preferential access for certain contracts in the market of
electricity
EL
1) Existence of regulated prices which block the arrival of new EL
suppliers.
Electricity+gas
2) Absence / insufficient functional and accounting unbundling GAS
of transmission and distribution system operators in order to
guarantee their independence
SWEDEN
Electricity
1) Absence of, or insufficient functional unbundling of and EL
distribution system operators in order to guarantee their
independence
2) Insufficient competences of the regulators in relation to the EL
directives, in particular for fixing the tariffs of access to the
networks
UNITED
KINGDOM
Preferential access for certain historical contracts in the market EL
of electricity
Electricity
5