The European Commission has decided to open infringement proceedings by sending letters of formal notice to Bulgaria (INFR(2025)2161) and Croatia (INFR(2025)2162) for failing to submit, by 1 January 2025, their reports on the implementation of Article 5 of Directive (EU) 2019/944.
Member States are required to submit to the Commission reports on the implementation of the provisions related to Article 5 of the Electricity Directive. These reports must include information on the application of public interventions and their proportionality, as well as an assessment of progress towards achieving effective competition among suppliers and the transition to market-based prices. Member States applying regulated prices must also report on compliance with the conditions set out in the Directive.
By 31 December 2025, the Commission has to carry out a review and submit to the European Parliament and the Council a report on the implementation of this Article, with a view to achieving market-based retail electricity pricing. This report will be accompanied or followed, where appropriate, by a legislative proposal, which may set a final date for the application of regulated prices.
According to the Commission’s communication, the competent authorities in Bulgaria and Croatia have not yet submitted the required reports and have therefore failed to fulfil their reporting obligations under Directive (EU) 2019/944 on electricity. As a result, the Commission is sending letters of formal notice to both countries, which now have two months to reply and submit their reports. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
