EU LEGISLATION

Title II of the Treaty establishing the Energy Community extends the acquis communautaire to the territories of the eight Contracting Parties. The Energy Community acquis comprises the core EU energy legistlation in the area of electricity, gas, environment, competition and renewables.

Furthermore, Articles 24 and 25 of the Treaty respectively allow for adaptation of the acquis and implementing amendments made to it in the course of evolution of EC law. After entry into force, the Energy Community acquis has been extended twice. Whilst  the core EU legal acts on security of supply became part of the acquis in Dec 2007, the decision on the energy efficiency was taken in Dec 2009.
 

THE ACQUIS ON ELECTRICITY
THE ACQUIS ON GAS
THE ACQUIS ON ENVIRONMENT
THE ACQUIS ON COMPETITION
THE ACQUIS ON RENEWABLES

THE ACQUIS ON ENERGY EFFICIENCY

 

 



 

The Acquis on Electricity
Commission Decision 2006/770/EC on Guidelines on the management and allocation of available transfer capacity of interconnections between national 09 Nov 2006
Directive 2005/89/EC of the European Parliament and of the Council of 18 January 2006 concerning measures to safeguard security of electricity supply and infrastructure investment 18 Jan 2006
European Community Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity 26 Jun 2003
European Community Regulation 1228/2003/EC of the European Parliament and of the Council of 26 June 2003 on conditions for access to the network for cross-border exchanges in electricity 26 Jun 2003


The Contracting Parties have committed to transpose both Directive 2003/54 and Regulation 1228/2003 into national legislation by 1 July 2007. The Treaty also places an obligation to the Contracting Parties to open the electricity market to non-household customers by January 2008. The entire liberalisation of the electricity market is to be concluded by January 2015.

In December 2007, the Ministerial Council decided to extend the acquis on electricty to Directive 2005/89 and agreed to implement the Directive prior to 31 December 2009.

 

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The Acquis on Gas
Proposal for a Regulation concerning measures to safeguard security of gas supply and repealing Directive 2004/67/EC 16 Jul 2009
Regulation (EC) No 1775/2005 of the European Parliament and of the Council of 28 September 2005 on conditions for access to the natural gas transmission networks 28 Aug 2005
Directive 2004/67/EC of 26 April 2004 concerning measures to safeguard security of natural gas supply 26 Apr 2004
Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC 26 Jun 2003


The Contracting Parties have committed to transpose Directive 2003/55 into national legislation by 1 July 2007. The Treaty also places an obligation to the Contracting Parties to open the gas market to non-household customers by January 2008. The entire liberalisation of the gas market is to be concluded by January 2015.

In December 2007, the Ministerial Council decided to extend the acquis on gas with Directive 2004/67/EC and Regulation 1775/2005 and agreed to implement the Directive prior to 31 December 2009.

 

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The Acquis on Environment
Directive 2003/35/EC providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment 26 May 2003
Directive 2001/80/EC on the limitation of emmissions of certain pollutants into the air from large combustion plants 23 Oct 2001
Directive 1999/32/ec relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EEC 26 Apr 1999
Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment 03 Mar 1997
Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment 27 Jun 1985
Directive 79/409/EEC on the conservation of wild birds 02 Apr 1979


The acquis on environment  shall be implemented insofar as they affect network energy. In the case of the Directive on the conservation of wild birds, solely obligations pursuant to Article 4(2) are applicable.
 

Whilst the implementation of the Directives 79/409/EEC and 85/337/EEC had to be completed upon the entry into force of the Treaty, the Directive 1999/32/EC is to be transposed into national legislation by 31 December 2011. As regards Directive 2001/80/EEC, the negotiating parties agreed on a transitional period until 31 December 2017.
 

According to Article 13 of the Treaty, the Contracting Parties recognise the importance of the Kyoto Protocol and shall endeavour to accede it. The Contracting Parties also shall endeavour to implement Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control.

 

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The Acquis on Competition


The acquis on competition rests on three pillars:

(1) A cartel prohibition corresponding to Article 81 of the EC Treaty
(2) A prohibition of abuses of dominant positions corresponding to Article 82 of the EC Treaty
(3) A prohibition of State aid corresponding to Article 87 of the EC Treaty.


Besides, the principles of the EC Treaty regarding public undertakings and undertakings to which special or exclusive rights have been granted, in particular Article 86(1) and (2) EC, apply to the Contracting Parties.
 

The competition acquis shall be implemented insofar as trade of network energy between the Contracting Parties may be affected.
 

Title II Chapter VI
Annex III

 

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The Acquis on Renewables
Commission Decision of 30 June 2009 establishing a template for National Renewable Energy Action Plans under Directive 2009/28/EC 11 Feb 2010
Directive 2009/28/EC of 23 April 2009 on the promotion of the use of energy from renewable sources and amending 10 Jul 2009
Directive 2003/30/EC on the promotion of the use of biofuels or other renewable fuels for transport. 08 May 2003
Directive 2001/77/EC on the promotion of electricity produced from renewable energy sources in the internal electricity market 27 Sep 2001


The Treaty places an obligation to the Contracting Party to provide an implementation plan on the Directives 2001/77/EC and 2003/30/EC to the European Commission within one year of the date of entry into force of the Treaty.

 

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The Acquis on Energy Efficiency
Directive 2006/32/EC on energy end-use efficiency and energy services and repealing Council Directive 93/76/EEC 05 Apr 2006
Directive 2002/91/EC on the energy performance of buildings 16 Dec 2002
Directive 2002/40/EC on energy labeling of household electric ovens 08 May 2002
Directive 2002/31/EC on energy labeling of household air-conditioners 22 Mar 2002
Directive 98/11/EC on energy labeling of household lamps 27 Jan 1998
Directive 97/17/EC implementing Council Directive 92/75/EEC with regard to energy labelling of household dishwashers 16 Mar 1997
Directive 96/60/EC on energy labeling of household combined washer-driers 19 Sep 1996
Directive 95/12/EC implementing Council Directive 92/75/EEC with regard to energy labelling of household washing machines 23 May 1995
Directive 95/13/EC on energy labeling of household electric tumble driers 23 May 1995
Directive 94/2/EC implementing Council Directive 92/75/EEC with regard to energy labelling of household electric refrigerators, freezers and their combinations 21 Jan 1994
Directive 92/75/EEC on the indication by labelling and standard product information of the consumption of energy and other resources by household appliances 22 Sep 1992

 

Based on the Energy Community Ministerial Council decision D/2009/05/MC-EnC, the acquis was extended to three EU Directives in the area of energy end-use efficiency and energy services, energy performance of buildings and labeling in 18 Dec 2009. The implementation deadlines vary from 31 Dec 2011 to Jan 2017.

 

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