{"id":24601,"date":"2026-10-07T14:59:55","date_gmt":"2026-10-07T14:59:55","guid":{"rendered":"https:\/\/www.emi-bg.com\/?p=24601"},"modified":"2026-10-07T14:59:55","modified_gmt":"2026-10-07T14:59:55","slug":"a-claim-against-bulgaria-for-incomplete-transposition-of-the-rules-governing-the-internal-electricity-market","status":"publish","type":"post","link":"https:\/\/www.emi-bg.com\/en\/a-claim-against-bulgaria-for-incomplete-transposition-of-the-rules-governing-the-internal-electricity-market\/","title":{"rendered":"A claim against Bulgaria for incomplete transposition of the rules governing the internal electricity market"},"content":{"rendered":"
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The European Commission has referred Bulgaria to the Court of Justice of the European Union for failing to fully transpose Directive (EU) 2019\/944 on the internal market in electricity<\/strong><\/p>\n

The European Commission has decided to bring an action against Bulgaria before the Court of Justice of the European Union (case INFR(2021)0015) for failing to fully transpose into national law Directive (EU) 2019\/944 on common rules for the internal market in electricity and amending Directive 2012\/27\/EU. The Commission is asking the Court to impose financial penalties on the country pursuant to Article 260(3) of the Treaty on the Functioning of the European Union (TFEU). The decision forms part of the Commission\u2019s efforts to enforce EU law with a view to removing barriers to the single market in 11 priority areas set out in the communication \u2018A simpler, clearer and more rigorously enforced EU regulatory framework\u2019<\/a> (COM(2026) 380 final, Annex II<\/a>).<\/p>\n

Subject matter and objectives of the Directive<\/strong><\/p>\n

Directive (EU) 2019\/944 governs the organisation and functioning of the electricity sector in the EU. It lays down common rules for the generation, transmission, distribution, storage and supply of electricity, as well as provisions for consumer protection. The aim is to establish integrated, competitive, flexible, fair and transparent electricity markets that are consumer-oriented, with a high level of consumer protection and the opportunity for consumers to participate actively in the market.<\/p>\n

The Directive extends consumers\u2019 rights, strengthens retail markets, facilitates participation in demand response, supports the integration of electricity from renewable sources, and clearly allocates responsibilities between market participants and system operators. According to the Commission, its full transposition is a prerequisite for the proper functioning of the internal electricity market in all Member States and for ensuring secure, affordable and clean energy for citizens and businesses.<\/p>\n

Timeline of proceedings<\/strong><\/p>\n

Bulgaria was required to transpose the Directive by 31 December 2020. Having concluded that not all provisions of the Directive had been transposed into national law, the Commission sent Bulgaria a letter of formal notice in February 2021 and a reasoned opinion in April 2023<\/a> Having examined the replies submitted by Bulgaria, as well as the national transposition measures that were notified, the Commission considers that Bulgaria has not yet fully transposed the Directive.<\/p>\n

Identified shortcomings in transposition<\/b><\/p>\n

The Commission identifies shortcomings in three main areas.<\/p>\n

With regard to market regulation and consumer rights<\/b>, third-party access to the network, the procedure for granting authorisations for new generation capacity, the right of consumers to participate in collective supplier-switching schemes, and the requirements for the use of flexibility in distribution networks.<\/p>\n

With regard to the transmission system operator<\/b>, the Commission identifies shortcomings in the regulation of its tasks relating to digitalisation, data management and the provision of ancillary services other than frequency control.<\/p>\n

With regard to the national regulatory authority<\/b> (KEVR), the shortcomings concern its powers and obligations to monitor investments in electricity generation and storage, in self-generation and in community energy schemes, as well as to approve methodologies for ancillary services.<\/p>\n

Legal framework and possible sanctions<\/strong><\/p>\n

Under Article 258 of the TFEU, where a Member State fails to comply with the reasoned opinion within the prescribed period, the Commission may refer the matter to the Court of Justice of the European Union. Article 260(3) of the TFEU enables the Commission to request the imposition of financial penalties as early as this first stage of proceedings where a Member State has failed to fulfil its obligation to notify measures transposing a directive adopted under the legislative procedure. The Court may impose a lump-sum payment or a periodic penalty payment without the need for a second set of proceedings for failure to comply with the judgment. The amount of the penalties sought is not specified in the Commission\u2019s communication.<\/p>\n

Context<\/strong><\/p>\n

The Commission currently has infringement proceedings pending against 10 Member States which have failed to notify measures fully transposing Directive (EU) 2019\/944 within the prescribed time limit. As guardian of the Treaties, the Commission is obliged to ensure the full and correct implementation of EU law into national legal systems.<\/p>\n

This is not the first case against Bulgaria in the field of the internal energy market. By way of comparison, under the previous framework of the Third Energy Package, the Commission referred Bulgaria to the Court of Justice for incomplete transposition of the Electricity and Natural Gas Directives, proposing a daily financial penalty of \u20ac8,448 for each of the two directives. Separately, under Directive (EU) 2019\/944, the Commission has opened proceedings against Bulgaria and Croatia by means of a letter of formal notice, as the two countries have failed to submit their report on the implementation of Article 5 of the Directive, which was due by 1 January 2025. Article 5 governs the market-based setting of supply prices, including the conditions for public intervention in their determination.<\/p>\n

There are currently 79 active infringement proceedings against Bulgaria, more than half of which relate to a failure to notify measures ensuring correct transposition.<\/p>\n

\"\"Among the active proceedings relating to the electricity sector and announced over the last two years are:<\/p>\n