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 
