Directive 2008/3/EC of the European Parliament and of the Council of 15 January 2008 amending Directive 2003/54/EC as regards the application of certain provisions to Estonia
Date: 2008-01-15
Institutions: Council of the European Union, European Parliament
Subjects: Estonia, derogation from EU law, electrical energy, energy distribution, liberalisation of the market

L 17/6

EN

Official Journal of the European Union

22.1.2008

DIRECTIVES

DIRECTIVE 2008/3/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 15 January 2008

amending Directive 2003/54/EC as regards the application of certain provisions to Estonia

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(4)

Having regard to the Treaty
establishing the European
Community, and in particular Articles 47(2), Article 55 and
Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (2),

Whereas:

(1)

(2)

(3)

During the accession negotiations, Estonia invoked the
specific characteristics of its electricity sector to request
a transitional period for the application of Directive
96/92/EC of
the
Council of 19 December 1996 concerning common
rules for the internal market in electricity (3).

the European Parliament and of

In Annex VI to the 2003 Act of Accession, Estonia was
granted a transitional period until 31 December 2008 for
the application of Article 19(2) of Directive 96/92/EC,
relating to the gradual opening of the market.

Declaration No 8 annexed to the Final Act to the 2003
Treaty of Accession recognised moreover that the specific
situation relating to the restructuring of the oil shale
sector in Estonia was going to require particular efforts
until the end of 2012.

(1) Opinion delivered on 24 October 2007 (not yet published in the

Official Journal).

(2) Opinion of the European Parliament of 29 November 2007 (not yet
Journal) and Council Decision of 17

published in the Official
December 2007.

(3) OJ L 27, 30.1.1997, p. 20. Directive repealed by Directive

2003/54/EC (OJ L 176, 15.7.2003, p. 37).

96/92/EC was

replaced
the European Parliament and of

by Directive
Directive
2003/54/EC of
the
Council of 26 June 2003 concerning common rules
for
in electricity and repealing
Directive 96/92/EC (4), which had to be implemented
by 1 July 2004 and which had the effect of speeding
up the opening of the electricity market.

the internal market

(5)

(6)

(7)

(8)

(9)

By letter of 17 September 2003, Estonia transmitted a
request aimed at not applying Article 21(1)(b) of
Directive 2003/54/EC, on the opening of the market to
non-household customers, until 31 December 2012. In a
further letter of 5 December 2003, Estonia indicated that
it was planning to achieve the complete opening of the
market provided for in Article 21(1)(c) of that Directive
by 31 December 2015.

The request by Estonia was based on a credible restruc-
turing plan for the oil shale sector extending until 31
December 2012.

Oil shale is the only real indigenous energy resource in
Estonia and national production represents almost 84 %
of world production. 90 % of the electricity produced in
Estonia is from this solid fuel. It is therefore of great
strategic importance for security of supply in Estonia.

The granting of a further derogation for the period 2009
to 2012 appeared necessary to guarantee security of
investments in generating plants and security of supply
in Estonia while allowing the serious environmental
problems created by those plants to be resolved.

On 28 June 2004 the Council adopted Directive
2004/85/EC amending Directive 2003/54/EC of
the
European Parliament and of the Council as regards the
application of certain provisions to Estonia (5), which
granted the requested derogation.

(4) OJ L 176, 15.7.2003, p. 37. Directive as

last amended by
Commission Decision 2006/653/EC (OJ L 270, 29.9.2006, p. 72).

(5) OJ L 236, 7.7.2004, p. 10.

22.1.2008

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Official Journal of the European Union

L 17/7

(10)

(11)

(12)

By judgment of 28 November 2006 in Case C-413/04,
Parliament v. Council (1), the Court of Justice annulled
Directive 2004/85/EC, in so far as it granted Estonia a
derogation from the application of Article 21(1)(b) and
(c) of Directive 2003/54/EC going beyond 31 December
2008 and imposed a corresponding obligation to ensure
only a partial opening of the market representing 35 %
of consumption on 1 January 2009 and an obligation to
communicate
consumption thresholds
the
annually
extending eligibility to final customers.

That partial annulment was not
founded on reasons
concerning the substance of Directive 2004/85/EC, but
was due to the wrong choice of legal basis.

Since the reasons for granting Estonia a derogation from
the application of Article 21(1)(b) and (c) of Directive
2003/54/EC going beyond 31 December 2008 remain
valid, that Directive should be amended accordingly, with
the same wording as in Directive 2004/85/EC but on the
correct legal basis,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Article 26(3) of Directive 2003/54/EC shall be replaced by the
following:

‘3.
Estonia shall be granted a temporary derogation from
the application of Article 21(1)(b) and (c) until 31 December
2012. Estonia shall take the measures necessary to ensure the
opening of its electricity market. This shall be carried out
gradually over the reference period with the aim of complete
opening of the market by 1 January 2013. On 1 January

2009, the opening of the market shall represent at least 35 %
of consumption. Estonia shall communicate annually to the
Commission the consumption thresholds extending eligibility
to final customers.’

Article 2

Member States shall bring into force the laws, regulations and
to comply with this
administrative provisions necessary
forthwith inform
Directive by 23 January 2008. They shall
the Commission thereof.

When they are adopted by Member States, these measures shall
contain a reference to this Directive or shall be accompanied by
such a reference on the occasion of their official publication.
The methods of making such reference shall be laid down by
Member States.

Article 3

This Directive shall enter into force on the day following its
publication in the Official Journal of the European Union.

Article 4

This Directive is addressed to the Member States.

Done at Strasbourg, 15 January 2008.

For the European Parliament
The President

H.-G. PÖTTERING

For the Council
The President

J. LENARČIČ

(1) ECR [2006] I-11221.