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Latvia, Poland, Hungary and Croatia among the countries listed in the EU package of infringement decisions

In its regular package of infringement decisions, the European Commission is pursuing legal action against EU countries for failing to comply with their obligations under EU law.

Regarding energy policy, the Commission sent a reasoned opinion to Latvia and Poland for not having fully transposed EU rules on the promotion of the use of energy from renewable sources. The directive quoted (2018/2001) provides the legal framework for the development of renewable energy in electricity, heating and cooling and transport in the EU. It sets an EU-level binding target for 2030 of at least 32 per cent renewable energy and includes measures to ensure support for renewable energy is cost-effective and to simplify administrative procedures for renewable energy projects. It also facilitates the participation of citizens in the energy transition and sets specific targets to increase the share of renewables in the heating and cooling and transport sectors by 2030.

The deadline to transpose the directive into national law was 30 June 2021. In July 2021, the Commission sent a letter of formal notice to both Member States. To date, Latvia and Poland have only partially transposed the directive. They now have two months to comply with the transposition obligation and notify the Commission. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union.

A referral to the Court of Justice was indeed sent in the case of Croatia and Hungary, which, together with Portugal, are the only Member States who have failed to notify any correlation table or explanatory document specifying where they have transposed each provision of the renewable energy directive.

Another reasoned opinion was sent to Hungary for failing to ensure full transposition of the revised Energy Efficiency Directive which seeks to establish a common framework of measures to promote energy efficiency and sets a binding EU energy efficiency target for 2030 of at least 32.5 per cent. Member States were required to transpose the directive by 25 October 2020. In November 2020, the Commission sent a letter of formal notice to Hungary, after not having been notified of the full transposition of the directive. After examination of the national transposition measures, the Commission considers that the transposition is still not complete.

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