The European Commission thus decided to open an infringement procedure by sending a letter of formal notice to Romania (INFR(2023)2032) for restricting the export of electricity through a measure that is incompatible with Articles 35 and 36 TFEU, Directive (EU) 2019/944 and Regulation (EU) 2019/943 on the internal market for electricity. The Commission considers that this measure has an equivalent effect to a quantitative restriction on exports within the meaning of Article 35 TFEU and cannot be justified under Article 36 TFEU.
For the same reasons, the measure is also considered to violate the above mentioned Electricity Directive and the Electricity Regulation. Romania now has two months to reply and address the shortcomings identified by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
The two articles cited by the European Commission stipulate that member states cannot impose quantity restrictions on export or import except under conditions justified by public safety, health protection or the protection of heritage assets.
Romania has two months to respond and remedy the deficiencies identified by the Commission, the statement also reads. In the absence of a satisfactory answer, the Commission may decide to issue a reasoned opinion.