Letters of formal notice
Commission calls on CROATIA, HUNGARY and ROMANIA to submit reports on their 2020 renewable and energy efficiency national targets
The Commission decided today to send a letter of formal notice to Croatia (INFR (2022)2164) for failing to fully report under Regulation (EU) 2018/1999 on the Governance of the Energy Union and Climate Action, on the achievement of its 2020 targets for energy efficiency and share of energy from renewable sources. The Commission also decided today to send letters of formal notice to Hungary (INFR(2022)2165) and Romania (INFR(2022)2166) for failing to fully report, under the Governance of the Energy Union and Climate Action, on the achievement of their 2020 energy efficiency targets. The Governance Regulation sets out the requirement for Member States to report to the Commission by 30 April 2022 on the achievement of their 2020 energy efficiency targets established in Directive 2012/27/EU on energy efficiency. The Governance Regulation also requires that, by the same deadline, Member States report on their targets for the share of energy from renewable sources in 2020, as set out in Directive 2009/28/EC on renewable energy sources. The three Member States now have two months to reply and address the shortcomings identified by the Commission. In the absence of a satisfactory response, the Commission may decide to send a reasoned opinion.
Energy efficiency: Commission calls on POLAND and ROMANIA to notify their comprehensive assessments on high-efficiency cogeneration
The Commission decided today to send letters of formal notice to Poland (INFR(2022)2162) and Romania (INFR(2022)2161) requesting from Member States to comply with the Energy Efficiency Directive (Directive 2012/27/EU). In particular, Member States should develop efficient heating and cooling infrastructure and/or accommodate the development of high-efficiency cogeneration and the use of heating and cooling from waste heat and renewable energy sources. Member States have to carry out and submit to the Commission a comprehensive assessment of the potential for the application of high-efficiency cogeneration and efficient district heating. The comprehensive assessment has to be updated every five years and notified to the Commission. So far, Poland and Romania have not communicated an updated assessment by the deadline of 31 December 2020. The two Member States now have two months to reply and address the shortcomings identified by the Commission. In the absence of a satisfactory response, the Commission may decide to send reasoned opinions.
Letter of formal notice and reasoned opinion
Basic Safety Standards: Commission calls on HUNGARY to correctly transpose EU radiation protection legislation, and urges SLOVAKIA to fully transpose it
The Commission decided today to send a letter of formal notice to Hungary (INFR(2022)2168) requesting the correct transposition of the revised Basic Safety Standards Directive (Council Directive 2013/59/Euratom) into national legislation. Also today, the Commission decided to send a reason opinion to Slovakia (INFR(2020)2296) requesting its complete transposition into its national legislation. Member States were required to transpose the Directive by 6 February 2018. However, the Commission considers that Hungary has still not complied with certain requirements of the law. It also considers that Slovakia has still not fully transposed all the requirements of the Directive, following its letter of formal notice to the Member States in October 2020. The Directive modernises and consolidates EU radiation protection legislation, and lays down basic safety standards to protect members of the public, workers and patients against the dangers arising from exposure to ionising radiation. It also includes emergency preparedness and response provisions that were strengthened following the Fukushima nuclear accident. Hungary now has two months to reply and address the shortcomings identified by the Commission. Otherwise, the Commission may decide to send a reasoned opinion. Slovakia has two months to address the shortcomings identified by the Commission. Otherwise, the Commission may decide to refer Slovakia to the Court of Justice of the EU.
Reasoned opinions
Renewable energy: Commission urges SPAIN to fully transpose the Renewable Energy Directive
The Commission decided today to send a reasoned opinion to Spain (INFR(2021)0220) for not having fully transposed EU rules on the promotion of the use of energy from renewable sources set out in Directive (EU) 2018/2001. This Directive provides the legal framework for the development of renewable energy in electricity, heating and cooling, and transport in the EU. It sets an EU-level binding target for 2030 of at least 32% renewable energy and includes measures to ensure support for renewable energy is cost-effective, and to simplify administrative procedures for renewable energy projects. It also facilitates the participation of citizens in the energy transition, and sets specific targets to increase the share of renewables in the heating and cooling and transport sectors by 2030. The deadline to transpose the Directive into national law was 30 June 2021. In July 2021, the Commission sent a letter of formal notice to Spain. To date, Spain has only partially transposed the Directive. It now has two months to comply with the transposition obligation and notify the Commission. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Energy performance of buildings: Commission urges FRANCE and PORTUGAL to fully transpose the Energy Performance of Buildings Directive
The Commission decided today to issue reasoned opinions to France (INFR(2020)0185) and Portugal (INFR(2020)0233), for failing to ensure full transposition into national law of Directive (EU) 2018/844 which amended Directive 2010/31/EU on the energy performance of buildings. The Directive introduced new elements to strengthen the existing framework, such as minimum energy performance requirements for new buildings, electromobility and recharging points, and new rules on the inspection of heating and air-conditioning systems. The deadline to transpose the Directive into national law expired on 10 March 2020. In May 2020, a letter of formal notice was sent to these Member States after they failed to declare full transposition of the Directive. Having examined the replies from France and Portugal as well as the national transposition measures notified, the Commission considers that France and Portugal have still not fully transposed the Directive. They now have two months to comply with the transposition obligation and notify the Commission. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union.
Referrals to the Court of Justice
Commission decides to refer BULGARIA and SLOVAKIA to the Court of Justice to ensure development of renewable energy
The Commission decided today to refer Bulgaria (INFR(2021)0157) and Slovakia (INFR(2021)0360) to the Court of Justice of the European Union for not having transposed EU rules on the promotion of the use of energy from renewable sources set out in Directive (EU) 2018/2001. This Directive provides the legal framework for the development of renewable energy in electricity, heating and cooling, and transport in the EU. It sets an EU-level binding target for 2030 of at least 32% renewable energy and includes measures to ensure that support for renewable energy is cost-effective, and to simplify administrative procedures for renewable energy projects. It also facilitates the participation of citizens in the energy transition, and sets specific targets to increase the share of renewables in the heating and cooling and transport sectors by 2030. The deadline to transpose the Directive into national law was 30 June 2021. In July 2021, the Commission sent a letter of formal notice to both Member States. In December 2021, the Commission sent a reasoned opinion to Bulgaria and Slovakia. The Commission has now decided to refer Bulgaria and Slovakia to the Court of Justice of the European Union, with a request to impose financial sanctions in accordance with Article 260(3) TFEU. A press release is available here.