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 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 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  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 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 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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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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