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 / Letterof 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 noticefollowing complaint;
Member State also brought before the European Court of Justice for failure to notify transposition / Letter of formal noticefollowing 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 / MemberState brought before the European Court of Justice for failure to notify transposition / MemberState 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

MemberState / 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

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