On Thursday 8 December, the European Commission sent Hungary a reasoned opinion (warning), asking it to ensure proper application of EU directives from 2009 on common rules for electricity and gas markets in the EU.
The two directives are part of the third package of legislation to liberalise the gas and electricity markets in the EU and contain key measures for the proper functioning of the markets, including rules on the unbundling of the transmission network operators from energy suppliers and producers, on strengthening the independence and the powers of national regulators and on provisions benefitting consumers.
The Commission found that the current Hungarian gas legislation still allows the Hungarian government to determine some of the terms and conditions for connection and access to national networks, the terms and conditions for the provision of balancing services, and the terms and conditions for access to cross-border infrastructures. According to the Gas Directive the exclusive competences on these matters should belong to the National Regulatory Authority.
In addition, the national legislation excludes certain types of costs from the calculation of network electricity and gas tariffs.
Hungary has two months to inform the Commission of measures taken to remedy the situation, failing which it may be sent to the European Court of Justice. (Original version in French by Emmanuel Hagry)