European Commission sends formal notice to EU member states

TALLINN – The European Commission is sending letters of formal notice to several EU member states, including Estonia, for failing to notify the Commission of measures taken to transpose certain EU directives into their national law.

The transposition deadline for these directives recently passed. Under the EU treaties, the Commission may launch infringement proceedings against an EU country for failing to apply EU law. Sending a letter of formal notice is the first step in this process.

Directive on electricity market design

The European Commission has decided to send letters of formal notice to Belgium, Estonia, Ireland, Greece, Spain, France, Croatia, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Poland, Romania, Slovenia, Finland, and Sweden for failing to notify the complete transposition of the new electricity market design rules concerning the free choice of supplier and energy sharing rights, as laid down in Directive (EU) 2024/1711.

The aim of these provisions is to strengthen the position of consumers in the electricity market by expanding their opportunities to choose and switch suppliers, access more competitive and innovative offers, and participate more actively in the energy system.

Rules on hydrogen and decarbonized gas markets

The European Commission has decided to send letters of formal notice to Belgium, Bulgaria, Czechia, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, and Sweden for failing to notify the full transposition of the recast Hydrogen and Decarbonised Gas Directive (EU) 2024/1788.

The new directive updates the rules for the EU natural gas market and establishes a legal framework for a dedicated hydrogen infrastructure. The rules aim to facilitate the uptake of renewable and low-carbon gases, including hydrogen, while ensuring security of supply and energy affordability for all EU citizens.

Anti-Money Laundering Directive

The European Commission decided to send letters of formal notice to Belgium, Bulgaria, Czechia, Germany, Estonia, Greece, Spain, France, Croatia, Cyprus, Lithuania, Luxembourg, the Netherlands, Austria, Poland, Portugal, Romania, and Finland for failing to fully notify national measures transposing certain provisions of the sixth Anti-Money Laundering Directive (Directive (EU) 2024/1640).

This would allow member states to give competent authorities, self-regulatory bodies, obliged entities, and persons with a legitimate interest access to beneficial ownership registers. Member states were required to transpose most of the directive by July 10, 2026.

Right to Repair Directive

The European Commission has decided to launch infringement proceedings by sending letters of formal notice to Belgium, Bulgaria, Czechia, Estonia, Spain, France, Croatia, Italy, Cyprus, Latvia, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovenia, and Sweden, as these countries have not notified the full transposition of the Right to Repair Directive (Directive (EU) 2024/1799).

The directive promotes sustainable consumption by making it easier to repair products instead of replacing them. It gives consumers the right to demand repairs for products such as smartphones, washing machines, or refrigerators, even after the legal guarantee has expired. Manufacturers must offer repairs within a reasonable time and at a reasonable price, and provide clear information about their repair services.

The Commission has also decided to launch infringement proceedings by sending letters of formal notice to Belgium, Bulgaria, Czechia, Estonia, Spain, France, Italy, Cyprus, Latvia, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovenia, Finland, and Sweden for failing to notify the full transposition of Delegated Directive (EU) 2026/74, which amends the Right to Repair Directive.

The delegated directive extends the scope of the right to repair to include domestic indoor heating appliances, such as fireplaces, portable electric heaters, or underfloor heating systems.

Rules on reducing pollution from industrial installations

The European Commission decided to launch infringement proceedings by sending letters of formal notice to Belgium, Bulgaria, Czechia, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, and Sweden for failing to notify measures for the full transposition of the Industrial and Livestock Emissions Directive (amended by Directive (EU) 2024/1785).

The updated directive tightens emission reduction rules, aims to reduce the use of hazardous chemicals, and expands the scope of the previous Industrial Emissions Directive. In addition, it strengthens public rights and creates a new right to claim compensation for health damage caused by illegal pollution.

The member states have two months to respond to the letters and complete the transposition of the directives. Otherwise, the Commission may, as the next step in the infringement procedure, issue a reasoned opinion.