S.10. Case-Law


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EC takes further steps to ensure Member States respect EU energy rules in November infringements package

Wednesday, November 27, 2019

The EC has moved to the second stage of legal procedures against a number of Member States for not meeting EU rules in its November package of infringements decisions.

On the radioactive waste management, in response for failing to adopt a national programme for radioactive waste management compliant with certain requirements of the Spent Fuel and Radioactive Waste Directive (Council Directive 2011/70/Euratom), reasoned opinions are addressed to Belgium and Spain. Belgium will also receive a letter of formal notice for failing to fully transpose EU rules reinforcing the sustainability of biofuels (Directive (EU) 2015/1513).

About the security of gas supply, the EC is questioning whether national rules in Poland comply with Regulation (EU) 2017/1938, regarding gas storage obligations on entities importing gas into Poland.

In its infringements package, the EC has also highlighted shortcomings in the full transposition of the Basic Safety Standards Directive (Council Directive 2013/59/Euratom) into national legislation. Reasoned opinions have been sent to Malta, Portugal, Cyprus and Greece (following earlier letters of formal notice) and the first step of infringements proceedings have been initiated (letters of formal notice) to Belgium, Austria, Spain, Estonia and Hungary.

Following these procedures, for each of the cases, MSs have two months to respond to the EC, otherwise, it will move to the next stage of the infringement process. For those cases where a reasoned opinion has been sent, the next stage would be a referral of the MS to the EU Court of Justice.