Acquis of Energy Community - Acquis of EU Print

The acquis, that is, the legal framework of the Energy Community, focuses on directives and regulations from the Third Energy Package foreseeing common rules for internal electricity and gas markets and regulating cross-border trade. On several occasions, the initial set of rules from 2005 was innovated by new directives and regulations and supplemented by rules on cross-border trade, as well as rules in the areas of environment, competition and renewable energy sources. In 2007, the acquis was expanded to include the EU directives on security of supply, while as of 2008 the term ‘network energy,’ which initially included electricity and gas, includes the oil sector as well. In 2009 and 2010, the acquis was further expanded to include directives on energy efficiency, while in 2011, by the Ministerial Council decision rules comprising the ‘Third Package,’ excluding Regulation (EC) No 713/2009, became legally binding also for the Energy Community Contracting Parties. In 2012, the acquis was significantly expanded by direc¬tives in the field of renewable sources, minimum oil stocks and statistics, in 2013 by a part of directive on pol¬lution prevention and control and regulation relating to the ITC mechanism and transmission charging while in 2014 it was expanded by the regulation on transparency, that is, obligation to report data on electricity markets. In 2015, the acquis was expanded by rules in the field of energy efficiency, environment, statistics and infrastructure.   The Energy Community acquis follows the development of the European Union legal framework and at present it includes its key energy legislation in the fields of electricity, gas, security of supply, environment, competition, renewable energy sources, energy efficiency, oil, statistics and infrastructure. The general deadlines for transposition into national legislation and implementation of EU regulations and directives are provided in brackets.

Acquis on Electricity

- Commission Regulation (EU) 2016/1447 of 26 August 2016 establishing a network code on requirements for grid connection of high voltage direct current systems and direct current-connected power park modules (transposition deadline: 12 June 2018, general implementation deadline: 12 June 2021, except for Articles 4(2)(a)(b), 5(4), 75, 76 and 78(1) for which the transposition deadline is 12 June 2018)
- Commission Regulation (EU) 2016/1388 of 17 August 2016 establishing a Network Code on Demand Connection (transposition deadline: 12 June 2018, general implementation deadline: 12 June 2021, except for Articles 4(2)(a)(b), 6(4), 51(1), 56 and 57 for which the transposition deadline is 12 June 2018),
- Commission Regulation (EU) 2016/631 of 14 April 2016 establishing a network code on requirements for grid connection of generators (transposition deadline: 12 June 2018, general implementation deadline: 12 June 2021, except for Articles 4(2)(a)(b), 7(4), 58, 59, 57, 61(1), 68(1) and 69(1) for which the transposition deadline is 12 June 2018),
- Commission Regulation (EU) No 543/2013 of 14 June 2013 on submission and publication of data in electricity markets and amending Annex I to Regulation (EC) No 714/2009 of the European Parliament and of the Council (deadline: 24 December 2015),
- Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency (deadline: 29 May 2020),
- Regulation (EU) No 838/2010 of the European Commission of 23 September 2010 on laying down guidelines relating to the inter-transmission system operator compensation mechanism and a common regulatory approach to transmission charging (deadline: 1 January 2014),
- Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2008 concerning common rules for the internal electricity market and repealing Directive 2003/54/EC (deadline: 1 January 2015, except for Articles 9(1), 9(4) and 11 for which the deadlines are 1 June 2016, 1 June 2017 and 1 January 2017 respectively),
- Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003 (deadline: 1 January 2015).


Acquis on Gas

- Commission Regulation (EU) No 2017/460 of 16 March 2017 establishing a network code on harmonised transmission tariff structures for gas (deadline: 28 February 2020,  except for Chapters II, III and IV for which the deadline is 31 May 2021),
- Commission Regulation (EU) No 2017/459 of 16 March 2017 establishing a network code on capacity allocation mechanisms in gas transmission systems and repealing Regulation (EU) No 984/2013 (deadline: 28 Februar 2020, except for Chapters II, III and IV for which the deadline is 31 May 2021),
- Commission Regulation (EU) No 2015/703 of 30 April 2015 establishing a Network Code on Interoperability and Data Exchange Rules (deadline: 1 October 2018),
- Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency (deadline: 29 May 2020),
- Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal natural gas market and repealing Directive 2003/55/EC (deadline: 1 January 2015, except for Articles 9(1), 9(4) and 11 for which the deadlines are 1 June 2016, 1 June 2017 and 1 January 2017 respectively),
- Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission network and repealing Regulation (EC) No 1775/2005 (deadline: 1 January 2015).


Acquis on Security of Supply

- Directive 2005/89/EC of the European Parliament and of the Council of 18 January 2006 concerning measures to safeguard security of electricity supply and infrastructure investment (deadline: 31 December 2009),
- Council Directive 2004/67/EC of 26 April 2004 concerning measures to safeguard security of natural gas supply (deadline: 31 December 2009).

Acquis on Environment

- Directive (EU) 2016/802 of the European Parliament and of the Council of 11 May 2016 relating to a reduction in the sulphur content of certain liquid fuels (deadline: 30 June 2018),
- Commission Implementing Decision (EU) 2015/253 of 16 February 2015 laying down the rules concerning the sampling and reporting under Council Directive 1999/32/EC as regards the sulphur content of marine fuels (deadline: 30 June 2018),
- Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment, with subsequent amendments of Directive 2014/52/ЕU (deadline: 1 January 2019),
- Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) – only Chapter III, Annex V, and Article 72(3)-(4) (deadline: 1 January 2018),
- Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage, with subsequent amendments of Directive 2006/21/EC, Directive 2009/31/EC i Directive 2013/30/EU (deadline: 1 January 2021.),

- Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on limitation of emissions of certain air pollutants by large combustion plants (deadline: 31 December 2017),
-Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (deadline: 31 March 2018),
-Article 4(2) of the European Community Council Directive 79/409/EEC of 2 April 1979 on conservation of wild birds (deadline: 1 July 2006).

The acquis on environment shall be implemented insofar as they affect network energy. According to Article 13 of the Treaty, the Contracting Parties recognise the importance of the Kyoto Protocol and shall endeavour to accede to it.

Acquis on Competition

Pursuant to Annex III of the Treaty establishing the Energy Community, the following activities are not allowed and shall be assessed pursuant to Articles 81, 82 and 87 of the Treaty establishing the European Community:
- Prevention, restriction or distortion of competition,
- Abuse of dominant position,
- Any public aid which distorts or threatens to distort competition.
In particular, with regard to public undertakings and undertakings to which special rights have been granted, provisions of the Treaty establishing the European Community, in particular Article 86, shall be upheld.

*These provisions are contained in Articles 101, 102, 106 and  107 of the Treaty on the Functioning of the European Union.


Acquis on Renewable Energy Sources

- Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC, and 2003/30/EC (deadline: 1 January 2014).
National targets for the share of energy from renewable energy sources in total gross consumption in 2020 were defined for the Contracting Parties by the Ministerial Council Decision of 18 October 2012 (2012/03/MC-EnC).

Acquis on Energy Efficiency

- Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (deadline: 1 January 2020.),
- Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (deadline: 15 October 2017),
- Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (deadline: 30 September 2012.).

Acquis on Oil

- Directive 2009/119/EC of the European Parliament and of the Council of 14 September 2009 imposing an obligation on Member States to maintain minimum stocks of crude oil and/or petroleum products (deadline: 1 January 2023).

Acquis on Statistics

- Regulation (EU) 2016/1952 of the European Parliament and of the Council of 26 October 2016 on European statistics on natural gas and electricity prices and repealing Directive 2008/92/EC,
- Regulation (EC) No 1099/2008 of the European Parliament and of the Council of 22 October 2008 on energy statistics (deadline: 31 December 2013).

Acquis on Infrastructure

- Regulation (EC) No 347/2013 of the European Parliament and Council of 17 April 2013 on guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009 (deadline: 31 December 2016).

When defining the Acquis, the Ministerial Council makes certain adaptations of EU rules to the institutional framework of the Energy Community, taking into account time limits in the region. The Ministerial Council also adopted several independent measures pertaining to dispute resolution, establishment of the ‘8th Region’ aimed at facilitation of cross-border electricity trade and measures for coordination of security of supply.