Page contents Page contents Infringement cases open at year-end 2019 - 2023 [notranslate]infringement_cases_open_at_year_end_2019_2023[/notranslate]By clicking on the multi-level chart, you can consult, for 2023, the number of infringement cases open at the year-end per policy sector and per type of infringement.Compliance promotion activities in 2023Guidelines on how to implement EU lawOn 20 October 2023, the Commission adopted a Recommendation on energy poverty (Commission Recommendation (EU) 2023/2407), that provides guidance on measures on how to address energy poverty.On 18 December 2023, the Commission adopted a Recommendation on energy efficiency financing under the recast Energy Efficiency Directive, (Directive (EU) 2023/1791). The Recommendation explains how to best use national energy efficiency funds, financial and technical support, with the objective to support Member States with the transposition and implementation of Article 30 of the Directive, which sets out key provisions to facilitate investments in energy efficiency.Meetings with Member StatesDuring 2023, committees composed of the representatives of the Member States and chaired by the Commission held meetings. Furthermore, in several areas of implementation of the EU energy laws, the Commission services had many bilateral technical meetings with Member States.GovernanceEnergy Union Committee: During 2023, several meetings of the working groups under the Committee were held to discuss the preparation of the update of the integrated national energy and climate plans and progress reports.Renewable energyThe Committee on the Sustainability of Biofuels, Bioliquids and Biomass fuels held several meetings and adopted one implementing act.The Concerted Action on the Renewable Energy Directive (CA-RES) encourages Member States to work together on implementing the Renewable Energy Directive. It brings together national authorities and the Commission to discuss and plan for the Directive’s implementation. The Commission uses the CA-RES as a platform to communicate with Member States and gather feedback. In 2023, CA-RES held two plenary meetings.Energy efficiencyThe Energy Efficiency Directive Committee held six meetings and one workshop to discuss and promote common understanding of the issues pertaining to the implementation of the Energy Efficiency Directive.The Concerted Action of the Energy Efficiency Directive (EED) apart from complementing the work of the EED Committee, encourages the dialogue between Member States to improve and strengthen Member State’s implementation of the EED. In 2023, it organised two plenary meetings and one technical workshop (jointly with the Concerted Actions on the Energy Performance of Buildings Directive and the Renewable Energy Directive).Energy Performance of BuildingsEnergy Performance of Buildings (EPB) Committee held a meeting to share best practices with the transposition and application of the Energy Performance of Buildings Directive (EPBD). In the meeting held on 6 July 2023, the Commission provided the state of play on the transposition of the Directive and reiterated its availability to provide Member States with further technical and legal help.The Concerted Action on energy performance of buildings (CA-EPBD) held two plenary meetings in 2023 in Rome and Prague to share information and experiences on implementing the Energy Performance of Buildings Directive.EuratomEuropean Nuclear Safety Regulators Group: this expert advisory group, composed by Member State representatives, national regulatory authorities and the Commission, held several meetings in 2023 to promote a common understanding in the areas of nuclear safety and radioactive waste management.The Group of health experts under Article 31 of the Euratom Treaty advises the European Commission on radiation protection legislation. In 2023, the group focused on promoting the implementation of the Basic Safety Standards Directive in Member States and supported the Commission by organising seminars, preparing reports, and identifying emerging issues in radiation protection.Gas and electricity - Security of supplyThe Electricity Coordination Group, made up of Member States, national regulatory authorities, the Agency for the Cooperation of Energy Regulation, and the European Network of Transmission System Operators for Electricity, is consulted on tasks and reports for implementing the Risk Preparedness Regulation. The Commission also discusses best practices and challenges in implementing the Regulation with Member States.The Gas Coordination Group, consisting of Member States’ representatives, EU gas associations, and the Commission, held several meetings in 2023. Its goal was to better coordinate gas supply security measures to manage energy crises and strengthen EU preparedness for gas disruptions.Energy povertyThe Coordination group on energy poverty and vulnerable consumers met three times in 2023 to exchange and discuss measures to address energy poverty and ensure that vulnerable customers are not left behind in the energy transition, particularly in the context of the energy crisis. Furthermore, in several areas of implementation of the EU energy laws, the Commission services had many bilateral technical meetings with Member States.Package meetingsPackage meetings are meetings between the Commission and a Member State to discuss implementation issues and infringement cases in a given policy area. They can be held before the Commission has detected a breach of EU law or concern existing EU Pilot or infringement cases of the Member State. Package meetings can be an efficient tool to deal with challenges a Member State may face in a policy area, across different acts of EU legislation.To assist Member States to correctly implement and apply EU energy law, the Commission held package meetings with nine Member States (Czechia, Ireland, Spain, France, Italy, Luxembourg, the Netherlands, Portugal and Slovakia). At these meetings, all pending infringement cases with the respective Member States regarding EU energy law were discussed. Solutions were found for many other implementation issues without the need to pursue an infringement procedure.Other compliance promotion tools In 2023, the e-platform, as established under Article 28 of the Governance Regulation, was substantially further developed to facilitate the first ever integrated climate and energy progress reporting in 2023. This development both reduces the administrative burden for Member States reporting and the Commission’s subsequent assessing and facilitates better reuse and public access to information.The procedure laid down in Article 33 of the Euratom Treaty has an important compliance promotion role. It requires Member States to notify to the Commission their draft legislation in the areas of nuclear safety, radiation protection and radioactive waste and spent fuel management, and the Commission may make recommendations. This constitutes an efficient infringement prevention tool for Euratom Directives, as Member States very often amend their draft legislation communicated in line with the Commission services comments before formally adopting it. In 2023, 22 notifications of draft national legislation have been received under this article and analysed by the Commission services.Follow-up given to petitionsThe Commission handled seven petitions with questions concerning the implementation of EU energy rules in different areas. The Commission assessed these petitions and decided not to pursue investigations, for the reasons set out below:Petition 0844/2022 on radioactive contamination in Palomares (Spain): with the aim of ensuring radiological protection of its citizens in accordance with the Basic Safety Standards Directive, the Commission is monitoring the situation and will follow up on this issue with the Spanish authorities.Petition 0817/2022 demanding public aids for purchase of natural gas by heating plants who supply households in housing cooperatives or communities: the case was not pursued as the matter is not regulated by EU law. It is up to the Polish government to decide whether support for heating plants is needed, in which case they would have to comply with State aid rules.Petition 1058/2022 on labelling Internet services as energy related products. Email services and web services are not “products” that can be regulated within the scope of the Ecodesign and Labelling framework, as requested by the petitioner. Therefore, this claim was out of scope of the current legislation.Petition 1053/2022 on possible improvements to the Commission Regulation 814/2013 regarding ecodesign requirements for water heaters and hot water storage tanks: performance indicators cannot cover all possible installation conditions but end-users information could be improved on important decisions they could take in terms of energy efficiency along the life cycle of the hot water systems. No breach of EU law was identified.Petition No 1057/2022 on making stove filters mandatory to reduce particulate matter: no breach of the current Regulations was identified, however the review of the existing Regulations on ecodesign measures for solid fuel local space heaters and boilers will assess the need and options for amending the existing rules.Petition 1137/2022 on common rules for the internal market for electricity in Latvia: the Commission did not pursue the case but informed the petitioner that under the Electricity Directive 2019/944 the responsibility for ensuring the compliance of distribution system operators and transmission system operators falls on the Latvian national regulatory authority.Petition 0008/2023 on the Chira-Soria hydroelectric power plant project in Spain and alleged infringement of Directive (EU) 2019/944 on common rules for the internal market for electricity: as the final assessment on Spain’s application for a derogation was pending, the Commission could not conclude whether there was a breach of Article 54 of Directive (EU) 2019/944/EU. As the final assessment on Spain’s application for a derogation was pending, the Commission could not conclude whether there was a breach of Article 54.Court of Justice rulings against Member StatesCommission v. Spain (Protection contre les rayonnements ionisants), Case C-3884/22.Important preliminary rulingsEEW Energy from Waste, C-580/21.Outlook for 2024In 2024, the Commission will continue important implementation and enforcement work in the policy area of energy. In particular, the Commission services in the field of energy will focus on making sure that all Member States have fully transposed the provisions of the Clean Energy Package Directives and have complied with their obligations under the Regulations of the energy acquis.Clean Energy PackageThe Commission will continue ensuring that 2018 Energy Efficiency Directive and the 2018 Energy Performance of Buildings Directive are completely and correctly transposed across the Union.Ensuring the complete transposition of the 2018 Renewable Energy Directive (RED II), including the changes introduced by Directive (EU) 2023/2413 is key, given the effects of the energy crisis and the need to ramp up the deployment and use of renewable energy. The Commission will also continue to analyse the incorporation into Member States’ national laws of Directive (EU) 2019/944 on common rules for the internal market for electricity and Directive (EU) 2019/692 concerning common rules for the internal market in natural gas.Moreover, the Commission will be focusing also on the incorporation of the Commission’s legislation in the European Economic Area (EEA). The Commission expects that EEA countries – which enjoy full access to the Union’s single market – make expeditious progress on the Clean Energy Package Directives in 2024 and will work to ensure their correct and timely transposition.Security of supply and energy internal market rulesThe Commission will continue monitoring the implementation of Regulation (EU) 2017/1938 on security of gas supply as well as assist Member States in implementing the emergency measures which have been prolonged by the Council as a response to the energy crisis caused by Russia’s unprovoked and unjustified aggression against Ukraine. These measures include Regulation (EU) 2022/2576 enhancing solidarity through better coordination of gas purchases, reliable price benchmarks and exchanges of gas across borders, Regulation (EU) 2022/2577 laying down a framework to accelerate the deployment of renewable energy and Regulation (EU) 2022/2578 establishing a market correction mechanism to protect Union citizens and the economy against excessively high energy prices.EuratomRegarding Euratom legislation, the Commission will continue checking the correct transposition of Council Directive 2013/59/Euratom (the Basic Safety Standards Directive) which continues to be a priority, as well as Council Directive 2011/70/Euratom (the Radioactive Waste Directive) and Directive 2013/51/Euratom (the Euratom Drinking Water Directive).Follow-up to Court proceedingsThe Commission will continue in 2024 to ensure the judgments are properly followed up, in particular the CJEU’s ruling in Case C-384/22 Commission v Spain for incomplete transposition of the Basic Safety Standard Directive. The Case C-718/18 Commission v Germany concerning the powers and independence of the National Regulatory Authorities and the Case C-744/19 Commission v Italy for incomplete transposition of the Basic Safety Standard Directive, still open in 2023, have been closed after compliance by Germany and Italy with the CJEU’s respective rulings.External dimensionThe Commission will also focus on the continuous incorporation of energy legislation by the Energy Community. While noting that progress to timely incorporate the Union acquis is overall positive, the emphasis will be put on its sound and timely implementation by the Contracting Parties.
