At the end of last week, the European Commission (EC) launched infringement proceedings by sending letters of formal notice to 18 Member States, including Bulgaria, for failing to notify the EC of the full transposition of the new rules on the structure of the electricity market concerning the free choice of supplier and the right to share energy, as laid down in Directive (EU) 2024/1711.

Directive (EU) 2024/1711 amends Directives (EU) 2018/2001 and (EU) 2019/944 with a view to improving the structure of the electricity market in the Union. Member States were required to notify the EC of the transposition of the provisions on the free choice of supplier (amended Article 4) and the right to share energy (new Article 15a) by 17 July 2026.

These provisions aim to strengthen the position of consumers in the electricity market by expanding their opportunities to choose and switch suppliers, gain access to more competitive and innovative offers, and participate more actively in the energy system.

To date, these countries have not yet notified the European Commission that they have fully transposed the provisions in question within the prescribed time limit. The EC is therefore sending letters of formal notice to the Member States concerned. They have two months to reply to the Commission, to take the necessary measures to transpose the provisions, and to notify the Commission thereof.

In the absence of a satisfactory response, the EC may decide to proceed to the next stage of the procedure, namely to issue a reasoned opinion.

The transposition of the rules for the hydrogen and decarbonised gas markets is also under the European Commission’s scrutiny as part of its monitoring of EU energy law. The EC sent letters of formal notice to almost all Member States, with the exception of Italy, regarding the failure to notify the full transposition of Directive (EU) 2024/1788.

The Directive was adopted in 2024 as part of the EU’s hydrogen and decarbonised gas package, which also includes Regulation (EU) 2024/1789. The Directive and the Regulation update the rules governing the EU natural gas market, as established by Directive 2009/73/EC and Regulation (EC) No 715/2009 respectively. They also introduce a regulatory framework for specialised hydrogen infrastructure. The rules aim to facilitate the deployment of renewable and low-carbon gases, including hydrogen, whilst ensuring security of supply and access to energy for EU citizens.

Member States were required to transpose the Directive into their national legislation and to notify the Commission of the measures taken by 5 August 2026. To date, only Italy notified the full transposition of the Directive within the prescribed deadline. The Commission is therefore sending letters of formal notice to the remaining 26 Member States. They have two months to reply to the Commission, take the necessary measures and notify the Commission of these. In the absence of a satisfactory response, the European Commission may decide to proceed to the next stage of the procedure and issue a reasoned opinion.

Source: EC