14.8.2009 Official Journal of the European Union L211/55 DIRECTIVES DIRECTIVE 2009/72/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- PEAN UNION, Having regard to the Treaty establishing the European Commu- nity, and in particular Article 47(2) and Articles 55 and 95 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (1), Having regard to the opinion of the Committee of the Regions (?), Acting in accordance with the procedure laid down in Article 251 of the Treaty (3), Whereas: (1) The internal market in electricity, which has been progres- sively implemented throughout the Community since 1999, aims to deliver real choice for all consumers of the European Union, be they citizens or businesses, new busi- ness opportunities and more cross-border trade, so as to achieve efficiency gains, competitive prices, and higher standards of service, and to contribute to security of sup- ply and sustainability. (2)  Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity (*) has made a significant contribution towards the creation of such an internal mar- ket in electricity. (3)  The freedoms which the Treaty guarantees the citizens of the Union — inter alia, the free movement of goods, the () O] C 211, 19.8.2008, p. 23. (2) 0] C 172, 5.7.2008, p. 55. (?) Opinion of the European Parliament of 18 June 2008 (not yet pub- lished in the Official Journal), Council Common Position of 9 January 2009 (O] C 70 E, 24.3.2009, p. 1) and Position of the European Par- liament of 22 April 2009 (not yet published in the Official Journal). Council Decision of 25 June 2009. (% OJ L 176, 15.7.2003, p. 37. freedom of establishment and the freedom to provide ser- vices — are achievable only in a fully open market, which enables all consumers freely to choose their suppliers and all suppliers freely to deliver to their customers. However, at present, there are obstacles to the sale of elec- tricity on equal terms and without discrimination or dis- advantages in the Community. In particular, non- discriminatory network access and an equally effective level of regulatory supervision in each Member State do not yet exist. A secure supply of electricity is of vital importance for the development of European society, the implementation of a sustainable climate change policy, and the fostering of competitiveness within the internal market. To that end, cross-border interconnections should be further developed in order to secure the supply of all energy sources at the most competitive prices to consumers and industry within the Community. A well-functioning internal market in electricity should provide producers with the appropriate incentives for investing in new power generation, including in electricity from renewable energy sources, paying special attention to the most isolated countries and regions in the Communi- ty’s energy market. A well-functioning market should also provide consumers with adequate measures to promote the more efficient use of energy for which a secure supply of energy is a precondition. The Communication of the Commission of 10 January 2007 entitled ‘An Energy Policy for Europe’ highlighted the importance of completing the internal market in electric- ity and of creating a level playing field for all electricity undertakings established in the Community. The Commu- nications of the Commission of 10 January 2007 entitled ‘Prospects for the internal gas and electricity market’ and ‘Inquiry pursuant to Article 17 of Regulation (EC) No 1/2003 into the European gas and electricity sectors (Final Report)’ showed that the present rules and measures do not provide the necessary framework for achieving the objective of a well-functioning internal market.