Commission Urges 3 Member States to Comply With Third Energy Package

The European Commission has urged three European Union member states to fully comply with the EC's Third Energy Package. 

It came into force on September 3 2009 and sets out rules and regulations to strengthen and open up the European Union's internal electricity and gas markets. 

According to a press release issued on February 25, the EC sent "reasoned opinions" to Austria and Belgium, notifying both that they had not correctly transposed facets of the electricity and gas sections of the package. 

Austria, the statement says, has transposed incorrectly "several unbundling requirements concerning the independent transmission operator unbundling model and has not fully respected rules concerning the powers of the national regulatory authority."

Meanwhile, Belgium has incorrectly transposed the directives in two key areas: ownership unbundling, and some rules on the powers of the national regulator and consumer provisions.

The former makes "it nearly impossible for other undertakings than the national gas and electricity incumbent system operators to develop and manage interconnectors to other EU member states," the statement said. 

Additionally, Croatia was sent a "reasoned opinion" about its gas market rules, which the commission says creates "unjustified barriers" to domestic gas export and restricts import of gas from other member states

"[This] leads to delayed gas market opening, contrary to the rules on free movement of goods in the TFEU [Treaty on the Functioning of the European Union] and the Gas Directive, and the Gas Regulation," the EC said.

Following notification of the reasoned opinions, the states will have two months to inform the EC of the remedial measures they have taken. If the measures do not satisfy the EC, it has the option to refer the cases to the Court of Justice of the EU. 

Erica Mills