The Energy Community Acquis Print

The Energy Community acquis (Energy Community legal framework) follows the development of the European Union legal framework, the so-called acquis communautaire, in the area pertaining to electricity and related sectors. When defining the new acquis, the Ministerial Council (MC) and the Permanent High-Level Group (PHLG) make some adaptations of the EU rules to the Energy Community institutional framework, taking into account the time limits in the region. This approach ensures that the Contracting Parties keep up with the development of the European Union and regularly harmonise their legal framework with the one in the EU. At present the Energy Community acquis includes the key energy legislation of the EU in the fields of energy, gas, security of supply, oil, environment, renewable energy sources, energy efficiency, infrastructure, competition and statistics. In November 2021, a part of the Clean Energy for All Europeans package was included in the Energy Community acquis. The general deadlines for transposition into national legislation and implementation of EU regulations and directives are provided in brackets.

Cross-Cutting Acquis

- Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council, as adapted by Decision 2021/14/MC-EnC (deadline: 31 December 2022),
- Commission Delegated Regulation (EU) 2020/1044 of 8 May 2020 supplementing Regulation (EU) 2018/1999 of the European Parliament and of the Council with regard to values for global warming potentials and the inventory guidelines and with regard to the Union inventory system and repealing Commission Delegated Regulation (EU) No 666/2014, as adapted by Decision 2021/14/MC-EnC (deadline: 31 December 2022),
- Commission Implementing Regulation (EU) 2020/1208 of 7 August 2020 on structure, format, submission processes and review of infor-mation reported by Member States pursuant to Regulation (EU) 2018/1999 of the European Parliament and of the Council and repealing Commission Implementing Regulation (EU) No 749/2014, as adapted by Decision 2021/14/MC-EnC (deadline: 31 December 2022),
- Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency, as adapted by Decision 2018/10/MC-EnC (deadline: 29 May 2020).

Acquis on Electricity

- Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (recast), as adapted by Decision 2021/13/MC-EnC (deadline: 31 December 2023),
- 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, as adapted by Decision 2018/04/PHLG-EnC (deadline: 12 July 2021),
- Commission Regulation (EU) No 2016/1388 of 17 August 2016 establishing a network code on demand connection, as adapted by Decision 2018/05/PHLG-EnC (deadline: 12 July 2021),
- Commission Regulation (EU) No 2016/631 of 14 April 2016 establishing a network code on requirements for grid connection of generators, as adapted by Decision 2018/03/PHLG-EnC (deadline: 12 July 2021),
- 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, as adapted by Decision 2015/01/PHLG-EnC (deadline: 24 December 2015),
- 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, as adapted by Decision 2013/01/PHLG-EnC (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, as adapted by Decision 2011/02/MC-EnC (deadline: 1 January 2015),
- 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, as adapted by Decision 2011/02/MC-EnC (deadline: 1 January 2015).

Acquis on Gas

- Commission Regulation (EU) No 2017/460 of 16 March 2017 establishing a network code on harmonised trans-mission tariff structures for gas, as adapted by Decision 2018/07/PHLG-EnC (deadline: 28 February 2020),
- Commission Regulation (EU) No 2017/459 of 16 March 2017 establishing a network code on capacity allocation mechanisms in gas transmission systems, as adapted by Decision 2018/06/PHLG-EnC (deadline: 28 February 2020),
- Commission Regulation (EU) No 2015/703 of 30 April 2015 establishing a Network Code on Interoperability and Data Exchange Rules, as adapted by Decision 2018/02/PHLG-EnC (deadline: 1 October 2018),
- Commission Regulation (EU) No 312/2014 of 26 March 2014 establishing a Network Code on Gas Balancing of Transmission Networks, as adapted by Decision 2019/01/PHLG-EnC (deadline: 12 December 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, as adapted by Decision 2011/02/MC-EnC (deadline: 1 January 2015),
- 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, as adapted by Decisions 2018/01/PHLG-EnC and 2011/02/MC-EnC (deadline: 1 January 2015).

Acquis on Security of Supply

- Regulation (EU) 2019/941 of the European Parliament and of the Council of June 5, 2019 on risk-preparedness in the electricity sector, adapted by Decision 2021/13/MC-EnC (deadline: December 31, 2023),
- Regulation (EU) 2017/1938 of the European Parliament and of the Council of 25 October 2017 concerning measures to safeguard the security of gas supply and repealing Regulation (EU) No 994/2010, as adapted by Decision 2021/15/MC-EnC (deadline: 31 December 2022).

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, as adapted by Decision 2012/03/MC-EnC (deadline: 1 January 2023).

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, as adapted by Decision 2016/15/MC-EnC (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 as amended by Directive 2014/52/EU, as adapted by Decision 2016/12/MC-EnC (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), as adapted by Decisions 2013/06/MC-EnC and 2015/06/MC-EnC (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, as amended by Directive 2006/21/EC, Directive 2009/31/EC and Directive 2013/30/EU, as adapted by Decision 2016/14/MC-EnC (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, as adapted by Decision 2013/05/MC-EnC (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, as adapted by Decision 2016/13/MC-EnC (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).

Acquis on Renewable Energy Sources

- Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources, as adapted by Decision 2021/14/MC-EnC (deadline: 31 December 2022).

Acquis on Energy Efficiency

- Directive (EU) 2018/2002 of the European Parliament and of the Council of 11 December 2018 amending Directive 2012/27/EU on energy efficiency, as adapted by Decision 2021/14/MC-EnC (deadline: 31 December 2022),
- 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, as adapted by Decision 2018/03/MC-EnC (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, as adapted by Decision 2015/08/MC-EnC (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, as adapted by Decisions 2009/05/MC-EnC and 2010/02/MC-EnC (deadline: 30 September 2012).

Acquis on Infrastructure

- Regulation (EU) 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, as adapted by Decisions2015/09/MC-EnC and 2021/11/MC-EnC (deadline: 1 January 2017).

Acquis on Competition


The following activities are not allowed and shall be assessed pursuant to Article 101,102 and 107 of the Treaty establishing the European Community:
- Prevention, restriction or distortion of competition,
- Abuse of dominant position,
- Any state 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 106, shall be upheld.

Acquis on Statistics

- Commission Implementing Regulation (EU) 2019/803 of 17 May 2019 concerning the technical requirements regarding the content of quality reports on European statistics on natural gas and electricity prices pursuant to Regulation (EU) 2016/1952 of the European Parliament and of the Council, as adapted by Decision 2020/03/MC-EnC (deadline: 15 June 2022),
- 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, as adapted by Decision 2018/1/MC-EnC (deadline: 1 March 2018),
- Regulation (EC) No 1099/2008 of the European Parliament and of the Council of 22 October 2008 on energy statistics, as adapted by Decisions 2012/02/MC-EnC, 2013/02/MC-EnC, 2015/02/MC-EnC and 2021/12/MC-EnC (deadline: 31 December 2013).