Commission confronts incomplete transposition of EU energy laws (GEN – 1422.00)

GEN – 1422.00. The European Commission is starting a new package of legal actions against Member States for failing to comply with their obligations under EU law. The RED, EPBD, and EED are among the legislation not fully transposed by certain Member States.

Renewable Energy Directive (RED)

The Commission sent reasoned opinion to Denmark and France for not having fully transposed the EU rules on the promotion of renewable energy. The RED notably sets 2030 targets for renewable energy shares and establishes a framework to ensure support and simplify administrative procedures for renewable energy projects, including in heating and cooling. The deadline to transpose the RED into national law was 30 June 2021.

Energy Performance of Buildings Directive (EPBD)

Belgium, Germany, and Austria are deemed not to have fully transposed the EPBD, for which they have now received reasoned opinions from the Commission. The 2018 EPBD notably introduced new minimum energy performance requirements for new buildings 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.

Energy Efficiency Directive (EED)

Reason opinions were sent to Austria and Slovenia for not ensuring full transposition of the EED. The EED notably sets 2030 targets for energy savings and establishes a framework to ensure support for energy efficiency measures. Member States were required to transpose the Directive by 25 October 2020.

Infringement procedure and next steps

When a Member State fails to declare full transposition of a Directive, the Commission sends a letter of formal notice to the Member State in question, giving the Member State the opportunity still to notify its transposition. 

If the Commission still considers that the Directive is not fully transposed after this, it may start a formal infringement procedure. In the first step, it issues a reasoned opinion to the Member State, which has another 2 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.