These rules aim at increasing the capacity and transparency of gas and electricity markets. A properly functioning, well-regulated, transparent and interconnected market, with market price signals is crucial for ensuring competition and security of supply. An efficient and fully functional EU single market in energy will give consumers a choice between different companies supplying gas and electricity at reasonable prices, and it will make the market accessible for all suppliers, especially the smallest and those investing in renewable energies. It will also help the EU to recover from the economic crisis. The member states in question have two months to respond to the requests, which take the form of ‘reasoned opinions’ under EU infringement procedures. In the absence of satisfactory responses from the member states concerned, the Commission may refer them to the EU’s Court of Justice.
The following member states are affected: Austria, Belgium, Bulgaria, the Czech Republic, Germany, Spain, France, Greece, Hungary, Ireland, Italy, Luxembourg, The Netherlands, Poland, Portugal, Romania, Slovenia, Slovakia, Sweden and the United Kingdom.
Key violations identified by the Commission concern:
• lack of information provided by electricity and gas transmission system operators, thereby obstructing effective access for supply companies to networks
• inadequate network capacity allocation systems, preventing best possible use of networks for electricity and gas transmission in member states
• lack of coordination and cooperation across borders by electricity transmission system operators and national authorities, which is necessary in order to better allocate network capacity on cross-border interconnections so that the existing electricity grid could best serve regional and European needs
• inadequate efforts by gas transmission system operators to offer the possibility to network users to enter upstream gas markets (such as from Germany to Poland or from Greece to Bulgaria by offering interruptible reverse flow (also known as ‘backhaul’) services
• lack of effective enforcement action by the competent authorities in member states in case of violations of the EU regulations, including the absence of effective penalties at national level
• lack of adequate dispute settlement procedures for consumers – it is a fundamental premise of the Electricity and Gas Directives that all citizens who enjoy the benefits of the single market in energy should also be able to enjoy high levels of consumer protection. A lack of transparent, simple and inexpensive procedures for dealing with their complaints can lead to consumers’ reluctance to take advantage of the Single Market in energy.
