The deadline for the transposition of the ESD into national law was May 2008. In order to transpose the Directive, the Federal Ministry of Economy and the regional provinces (Länder) negotiated a state treaty according to article 15a of the Federal Constitution.

To get the energy utilities involved – as requested by the ESD – the Federal Ministry of Economy concluded voluntary agreements with the interest representations of the utilities. These agreements with professional associations state an alternative to regulations defined by a Member State and imposed by it on utilities, distribution grid operators and/or energy retail traders.

Voluntary agreements according to article 6 par. 2 lit. b are subject to the appraisal, surveillance and ongoing control of the Member States in order to ensure that they will not be less functional than one or more of the above mentioned requirements.