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July Infringements package: key decisions

Overview by policy area

In its regular package of infringement decisions, the European Commission pursues legal action against Member States for failing to comply with their obligations under EU law. These decisions, covering various sectors and EU policy areas, aim to ensure the proper application of EU law for the benefit of citizens and businesses.

The key decisions taken by the Commission are presented below and grouped by policy area. The Commission is also closing 135 cases in which the issues with the Member States concerned have been solved without the Commission needing to pursue the procedure further.

For more information on the EU infringement procedure, see the full Q&A. For more detail on all decisions taken, consult the infringement decisions’ register.

1. Environment and fisheries

(For more information: Adalbert Jahnz – Tel. +32 229 53156, Célia Dejond – Tel.: +32 229 88199)

Letters of formal notice

Waste: Commission calls on BULGARIA to apply the pollution-pays principle in calculating the waste management fee
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Bulgaria (INFR(2023)2064) for failing to apply the polluter-pays principle as laid down in the Waste Framework Directive (Directive 2008/98/EC). In Bulgaria, the costs for waste management that citizens and businesses pay are based on the tax value of the property and do not take into account relevant parameters such as the quantity of household waste. Although Bulgaria amended its legislation to address the issue, the application of the provisions kept being postponed each year since 2015. According to the latest information by the Bulgarian authorities, the application of the provisions could become effective in the following two years. The Commission is therefore sending a letter of formal notice to Bulgaria, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

Air quality: Commission calls on CZECHIA and SLOVAKIA to update their national law to limit air pollution from medium combustion plants
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Czechia (INFR(2023)2066) and Slovakia (INFR(2023)2067) for failing to correctly incorporate into their national legislation the Directive on the limitation of emissions of certain pollutants into the air from medium combustion plants (Directive (EU) 2015/2193). These plants are used for a wide variety of applications including electricity generation, domestic or residential heating and cooling, and providing heat or steam for industrial processes. They are a significant source of air pollution of sulphur dioxide, nitrogen oxide and dust.
The European Green Deal, with its Zero Pollution ambition, puts emphasis on cutting air pollution, which is among the key factors affecting human health. Full implementation of the air quality standards enshrined in EU legislation is key to effectively protect human health and safeguard the natural environment. Czechia and Slovakia have not correctly transposed this Directive into their national legislation, on issues such as, among others, the correct transposition of certain definitions, of some information requirements, or related to the setting of emissions limit values.
The Commission is therefore sending a letter of formal notice to both Member States, which now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

Air quality: Commission calls on CROATIA to report under the National Emission Reduction Commitments Directive
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Croatia (INFR(2023)2044) for failing to comply with the EU Directive on the reduction of national emissions of certain atmospheric pollutants (‘the NEC Directive’ – Directive (EU) 2016/2284) as regards reporting of emissions.
The NEC Directive sets emission reduction commitments for several air pollutants, such as nitrogen oxides (NOx), sulphur dioxide (SO2) and fine particulate matter (PM2.5), for each Member State to be attained for each year between 2020 and 2029. The Directive requires national air pollution control programmes (NAPCP) to be established to meet the reduction commitments. In addition, Member States should prepare and report national emission inventories and projections as well as informative inventory reports for all air pollutants covered by this Directive. Such information is key for the establishment and update of an NAPCP which contributes to improving air quality, as well as for reporting obligations of the EU under international law.
Poor air quality, especially in urban areas, continues to affect the health of European citizens. The European Green Deal and the Zero Pollution set a zero pollution ambition for the EU. Full implementation of the air quality standards enshrined in EU legislation is key to effectively protect human health and safeguard the natural environment. Croatia has not reported the emissions inventories, the emissions projections, and the informative inventory report all due before mid-March 2023. The Commission is therefore sending a letter of formal notice to Croatia, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

Nature: Commission calls on AUSTRIA to correctly transpose the Habitats Directive in the Law on the High Tauern National Park in Salzburg
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Austria (INFR(2023)2045) for failing to correctly transpose the Habitats Directive (Directive 92/43/EEC) in the Law on the High Tauern National Park in Salzburg, the largest protected area in the Alps. Its greatest goal is the preservation of a Europe-wide unique and species-rich high mountain landscape. The Salzburger Nationalparkgesetz (Salzburg National Park Law) transposes the Habitats Directive and the Birds Directive specifically for the territory of this national park designated as a Special Area of Conservation according to the Habitats Directive. The National Park hosts priority natural habitat types in danger of disappearance. Despite well-documented evidence of a significant deterioration of natural habitats (including priority habitats) in the last years, Austria has not taken appropriate steps to address this problem and regulate accordingly the relevant economic activities. Austria has also incorrectly transposed into its national legislation the requirement of the Habitats Directive to submit any plan or project not directly connected with the management of the site to an appropriate assessment of its implications for the site in view of the site’s conservation objectives. Numerous types of projects are not subject to any assessment according to the Salzburger Nationalparkgesetz. The Commission is therefore sending a letter of formal notice to Austria, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

Waste: Commission calls on SLOVAKIA to take measures to ensure that waste management is carried out without risks for human health and the environment
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Slovakia (INFR(2023)2065) for failing to respect its obligations under the Waste Framework Directive (Directive 2008/98/EC) as regards 67 abandoned waste sites. Under this Directive, Member States must take the necessary measures to ensure that waste management is carried out without endangering human health and without harming the environment. They also need to ensure that waste undergoes safe disposal operations and that any original waste producer or other holder carries out the treatment of waste himself or has the treatment handled.
The European Green Deal, with its Zero Pollution ambition, calls for air, water and soil pollution to be reduced to levels no longer considered harmful to human health and natural ecosystems, thereby creating a toxic-free environment and enhancing collective resilience. The Commission received several complaints and has been discussing with Slovak authorities since 2019 the necessity to comply with Waste Framework Directive as regards one of the sites, Vrakunská cesta landfill. Slovakia has designated these 67 waste sites as contaminated sites in need of remediation, but not taken effective measures to limit the risks to human health and environment.
The Commission is therefore sending a letter of formal notice to Slovakia, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

Fisheries and maritime affairs

Letters of formal notice and Reasoned opinions

Maritime spatial planning: Commission calls on CROATIA and PORTUGAL to establish and send copies of their Maritime Spatial Plans
Today, the European Commission decided to open an infringement procedure by sending a letter of formal notice to Portugal (INFR(2023)2042) for failure to ensure correct implementation of Directive (EU) 2014/89 of the European Parliament and of the Council of 23 July 2014 establishing a framework for maritime spatial planning. The Commission also decided to send a reasoned opinion to Croatia (INFR(2021)2225) for failure to ensure correct implementation of the Directive (EU) 2014/89. The Directive sets out a common approach for EU countries to plan their maritime areas. Maritime spatial planning seeks to organise human activities in marine areas to meet various ecological, economic and social objectives. Amongst these are the development of a sustainable blue economy, the sustainable use of marine resources, and the conservation of healthy marine ecosystems and biodiversity. Coastal EU Member States had to draw up maritime spatial plans until March 2021 and submit copies of those plans to the Commission and other Member States concerned within three months of their publication. Portugal has not yet established and sent copies to the Commission of the maritime spatial plans covering some of their marine waters. The Commission is therefore sending a letter of formal notice to Portugal, which now has two months to reply and take the necessary measures to address the shortcomings identified. Otherwise, the Commission may decide to issue a reasoned opinion. Croatia has not yet established and sent copies to the Commission of the maritime spatial plans covering some of their marine waters. The Commission had sent a letter of formal notice to Croatia on the matter in December 2021. The Commission did not find Croatia’s reply to the letter of formal notice completely satisfactory and has now issued a reasoned opinion. Croatia has two months to respond to the reasoned opinion and to take the necessary measures to address the shortcomings identified. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.

2. Internal Market, Industry, Entrepreneurship and SMEs

(For more information: Sonya Gospodinova – Tel.: +32 229 66953; Flore Boutier – Tel.: +32 229 66043)

Letters of formal notice and reasoned opinions

Recognition of professional qualifications: Commission asks BELGIUM, GERMANY, CYPRUS and ROMANIA to comply with EU rules
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Germany (INFR(2023)4010) and sent a reasoned opinion to Belgium (INFR(2018)2162), Cyprus (INFR(2018)2165) and Romania (INFR(2018)2303) for incorrect transposition of the Professional Qualifications Directive 2005/36/EC. The Directive facilitates the professional mobility and recognition of qualifications across the borders. These EU rules play an essential part in addressing the shortages of skilled labour across the EU. This is especially true for healthcare which has been particularly affected by the COVID-19 pandemic, by helping to better reallocate skilled professionals where needed. The German case addresses obstacles to the recognition of the professional qualifications of midwives. As regards Belgium, it concerns the imposition of excessive language requirements for teaching professionals seeking to work in the French Community, which severely limits the possibility of foreign teachers to work in Belgium. Concerning Cyprus, the infringement case addresses the obligation of residence in Cyprus for lawyers who wish to provide their services there, even though residence requirements are prohibited under EU rules. The Romanian case concerns the heavy restriction on veterinarians to provide their services on a temporary basis from another EU Member State, since Romanian law requires veterinarians to obtain a prior authorisation by the relevant professional Chamber before being allowed to provide temporary services. Belgium, Germany, Cyprus and Romania now have two months to respond to the arguments raised by the Commission. Otherwise, the Commission may send a reasoned opinion to Germany or refer Belgium, Cyprus and Romania to the Court of Justice of the European Union.

Services: Commission calls on CYPRUS, SPAIN and SLOVENIA to tackle restrictions to construction and real estate services
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Spain (INFR(2023)4009) for failing to respect EU rules on services and professional qualifications as regards the construction sector. This concerns restrictions on companies carrying out gas installations, electricity or air conditioning works wishing to sub-contract certain competences. The Commission also decided to send a reasoned opinion to Cyprus (INFR(2022)2170) for incorrect transposition of the Services Directive due to restrictions defining who can own shares in real estate intermediation companies. Finally, the Commission decided to send a reasoned opinion to Slovenia (INFR(2022)4119)  for failing to address issues regarding tariffs fixed by law for real estate agencies, also in breach of the Services Directive and of Treaty rules. The Commission actions follow the priorities announced in the Communication ‘Single Market at 30′ to further improve the functioning of the EU single market. In particular, priority is set on enforcing existing single market rules and removing Member State-level barriers in industrial ecosystems with the greatest economic integration potential, including construction and business services. Cyprus, Spain, and Slovenia now have two months to respond to the arguments raised by the Commission, otherwise the Commission may decide to send a reasoned opinion to Spain or refer Cyprus and Slovenia to the Court of Justice of the European Union.

Reasoned opinions

Procurement and concession contracts: Commission urges the NETHERLANDS to comply with EU rules
Today, the European Commission decided to send a reasoned opinion to the Netherlands (INFR(2022)2054) regarding its transposition of the rules on public procurement in the utilities sector (Directives 2014/25/EU) and on concessions (Directive 2014/23/EU) for postal services. According to the Commission, postal services should have been included in the scope of the Dutch implementing legislation. The definition of special and exclusive rights the Netherlands uses is not compatible with both Directives as it may exclude from its scope entities which are obliged to apply EU public procurement law. The Commission sent a letter to the Netherlands which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to bring the case to the Court of Justice of the European Union.

(For more information: Christian Wigand – Tel.: +32 229 62253; Andrea Masini – Tel.: +32 2 299 15 19; Fiorella Belciu – Tel.: +32 2 299 37 34)

Letters of formal notice

Migrant smuggling: Commission calls on HUNGARY to align its national legislation with the EU Facilitators Package
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Hungary (INFR(2023)2095) for failing to fulfil its obligations under the Council Directive 2002/90/EC to impose effective, proportionate and dissuasive sanctions for the offence of facilitation of unauthorised entry, transit and residence into the EU (i.e. migrant smuggling) and under the Council Framework Decision (2002/946/JHA) that sets rules for criminal penalties regarding these offences. In April 2023, Hungary adopted a Government Decree which provides for the general conversion of custodial sentences related to smuggling offences into a “reintegration detention”. This implies that convicted persons are released even if they might have served only a minor period of their sentence. These persons are then required to leave the Hungarian territory within 72 hours to serve their “reintegration detention” in the country of their former habitual residence or of nationality. The Government Decree contains no further rules concerning the conditions and monitoring or enforcement of this “reintegration detention” outside Hungary. The Commission considers that such shortened sanctions applicable to persons sentenced for smuggling offences are neither effective nor dissuasive and without regard to the circumstances of the cases at hand. Therefore, it is issuing a letter of formal notice. Hungary has now two months to respond to the letter and address the shortcomings identified by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

Fighting money laundering: Commission calls on CZECHIA, HUNGARY, POLAND, SLOVENIA and FINLAND to fully transpose EU rules on criminalising money laundering
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Czechia (INFR(2023)2068), Hungary (INFR(2023)2070), Poland (INFR(2023)2072), Slovenia (INFR(2023)2073) and Finland (INFR(2023)2069) for failing to fully transpose the Directive on combating money laundering by criminal law into their national laws (Directive (EU) 2018/1673). The rules, set out in this Directive, define criminal offences and sanctions in the area of money laundering to facilitate police and judicial cooperation between EU countries and prevent criminals from taking advantage of more lenient legal systems. They criminalise money laundering when committed intentionally and with the knowledge that the assets in question came from criminal activity. The Commission considers that Czechia, Hungary, Poland, Slovenia and Finland have not transposed all the measures set out in the Directive into their national laws, in particular when it comes to the provisions on money laundering offences. The five Member States have now two months to take the necessary measures to address the shortcomings identified by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

Reasoned opinion and additional letter of formal notice

Fight against terrorism: Commission calls on GERMANY and SLOVENIA to ensure correct transposition of EU implementing rules on combating terrorism
Today, the European Commission decided to send an additional letter of formal notice to Germany (INFR(2021)2045) and a reasoned opinion to Slovenia (INFR(2021)2153) for failing to fully transpose the EU rules on combating terrorism into their national laws (Directive (EU) 2017/541). This Directive is a cornerstone of the EU’s Counter-Terrorism Agenda. It includes provisions that criminalise and sanction terrorist-related offences, such as traveling abroad to commit a terrorist offence, returning to or travelling within the EU for such activities, training for terrorist purposes and financing terrorism. These rules also set out special provisions for victims of terrorism to ensure they have access to reliable advice, as well as professional and specialist support services. Member States had to transpose the Directive into national law by 8 September 2018. The Commission sent letters of formal notice to Germany, in June 2021, and to Slovenia, in October 2021. Following their replies, the Commission concluded that Germany has not correctly transposed certain provision on criminalisation of terrorist offence into its national law, while Slovenia has not fully addressed all the concerns raised by the Commission in its letter of formal notice. Germany and Slovenia have now two months to take the necessary measures to address the shortcomings identified by the Commission. In the absence of a satisfactory response, the Commission may decide to send a reasoned opinion to Germany, and to refer Slovenia to the Court of Justice of the European Union.

Referral to the Court of Justice

Firearms: Commission decides to refer SWEDEN to the Court of Justice of the European Union for failing to transpose EU rules
Today, the European Commission decided to refer Sweden (INFR(2020)0255) to the Court of Justice of the European Union for failing to fully transpose EU rules on the technical specifications for alarm and signal weapons. The Commission Implementing Directive (EU) 2019/68 establishes technical specifications for the unique marking of firearms and their essential components under the codified Firearms Directive (Directive (EU) 2021/555). Sweden failed to fully transpose the Directive by 17 January 2020, as it was required. The lack of total transposition by Sweden endangers the Directive’s objective of enhancing public security across the Union. In May 2020, the Commission launched the infringement procedure against Sweden by sending a letter of formal notice, and followed up with a reasoned opinion in February 2022. The draft law notified to the Commission by the Swedish authorities, aiming to transpose the Commission Implementing Directive, has not been adopted to this day. For this reason, the Commission decided to refer the case to the Court of Justice of the European Union. More information can be found in our press release.

4. Justice

(For more information: Christian Wigand – Tel.: +32 229 62253; Yuliya Matsyk – Tel.: +32 2 291 31 73; Cristina Torres Castillo – Tel.: +32 229 90679)

Letters of formal notice

Procedural rights: Commission calls on ESTONIA, LITHUANIA and SLOVENIA to fully transpose the EU rules on procedural safeguards for children in criminal proceedings
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Estonia (INFR(2023)2076), Lithuania (INFR(2023)2074) and Slovenia (INFR(2023)2075) for failing to fully transpose into its national laws the Directive on procedural safeguards for children who are suspects or accused persons in criminal proceedings (Directive (EU) 2016/800). This Directive is part of EU’s comprehensive strategy to guarantee common minimum standards for the fair trial rights of suspects and accused persons across the EU. For example, it guarantees the rights for children to an individual assessment, to specific treatment in case of deprivation of liberty (such as in terms of separation from adults in detention, access to training and education) and to be accompanied by the holder of parental responsibility during the proceedings. The Commission considers that Estonia, Lithuania and Slovenia failed to transpose the Directive’s requirements with regards to children’s right to information about their rights and the inclusion of a reference to the Directive in or accompanying the adoption of transposing measures. The latter is required to ensure transparency for suspects and accused persons on how their rights under EU law are transposed in the national legal systems of the Member States. In addition, Estonia and Slovenia have failed to fully transpose several other provisions, in particular the provision guaranteeing the right to a medical examination, specific treatment during deprivation of liberty and training of the law enforcement, judicial and other stakeholders who are in contact with children in criminal proceedings. Lithuania failed to fully transpose the right to an individual assessment. Therefore, the Commission decided today to send a letter of formal notice to the three Member States. Estonia, Lithuania and Slovenia now have two months to take the necessary measures to address the shortcomings identified by the Commission. In the absence of a satisfactory response, the Commission may decide to send a reasoned opinion.

Free movement: Commission calls on BULGARIA, GREECE and PORTUGAL to comply with EU rules on identity cards and residence documents
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Bulgaria (INFR (2023)2001), Greece (INFR(2023)2003) and Portugal (INFR(2023)2002) for failing to comply with EU rules on identity cards and residence documents issued to EU citizens and their family members (Regulation(EU)2019/1157). These rules aim to facilitate free movement in the EU by reinforcing the security and format standards for identity cards and residence documents. The Commission considers that the three Member States do not issue identity cards or residence documents in a format that complies with the Regulation, which entered into application in August 2021. In the case of Bulgaria, this concerns identity cards, residence documents issued to EU citizens and residence cards issued to non-EU family members. In the case of Greece, this concerns identity cards. And in the case of Portugal, this concerns identity cards and residence documents issued to EU citizens. Bulgaria, Greece and Portugal now have two months to take the necessary measures to address the shortcomings identified by the Commission. In the absence of a satisfactory response, the Commission may decide to send a reasoned opinion.

Procedural rights: Commission calls on BELGIUM, HUNGARY, ITALY, ESTONIA, AUSTRIA, and SWEDEN to correctly apply into their national law the EU rules on the right of access to a lawyer and to communicate upon arrest
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Italy (INFR(2023)2006), Austria (INFR(2023)2009), and Sweden (INFR(2023)2005) and to send a reasoned opinion to Belgium (INFR(2021)2106), Hungary (INFR(2021)2137)and Estonia (INFR(2021)2135) for failing to correctly transpose the Directive on the right of access to a lawyer and to communicate upon arrest (Directive 2013/48/EU). This Directive aims to ensure access to a lawyer from the earliest stages of proceedings for suspects and accused persons in criminal proceedings, as well as persons subjected to a European Arrest Warrant (EAW); and that those who are deprived of liberty may inform and communicate with third persons, such as their employer or family members, as well as their consular authorities. The Commission considers that certain national transposition measures notified by the six Member States fall short of the requirements of the Directive, including the effective participation of a lawyer during questioning (Belgium and Italy), possible derogations from the right of access to a lawyer based on geographical remoteness or investigative needs (Belgium, Hungary, Italy, Austria), provisions for informing a third person in cases of deprivation of liberty (Italy) and derogations from this right (Estonia and Sweden), rules for informing the holder of parental responsibility or other appropriate adult when children are deprived of liberty (Italy and Austria), waiver of the right to access a lawyer (Hungary, Austria, Sweden), and rules applicable in EAW proceedings (Estonia). Belgium, Hungary, Italy, Estonia, Austria and Sweden now have two months to take the necessary measures to address the shortcomings identified by the Commission. Should Italy, Austria or Sweden fail to provide a satisfactory response, the Commission may decide to move the infringement procedure forward and send a reasoned opinion. The Commission sent letters of formal notice to Belgium, Estonia and Hungary in September 2021 and November 2021. In the absence of a satisfactory response, the Commission may refer Belgium, Estonia and Hungary to the Court of Justice of the European Union.

European Arrest Warrant: Commission urges BELGIUM, BULGARIA, POLAND, SLOVAKIA and FINLAND to comply with the requirements of the Framework Decision
Today, the European Commission decided to send an additional letter of formal notice to to Belgium (INFR(2021)2002), Poland (INFR(2020)2308) and Finland (INFR(2021)2110) for failing to comply with the Framework Decision on the European arrest warrant (EAW) and the surrender procedures between Member States (Council Framework Decision 2002/584/JHA). In addition, the Commission decided to send a reasoned opinion to Bulgaria (INFR(2021)2262) and Slovakia (INFR(2021)2240). The Commission can decide to send an additional letter of formal notice when the measures notified by Member States in their reply are not fully implementing the provisions of the Framework Decision. The EAW is a simplified cross-border judicial procedure to surrender a requested person for the purpose of prosecution or executing a custodial sentence or detention order. Operational since 1 January 2004, the EAW has replaced the lengthy extradition procedures that used to exist between EU Member States. The Commission sent letters of formal notice to Bulgaria in February 2022 and to Slovakia in December 2021. Following their replies, the Commission concluded that Bulgaria failed to correctly transpose rules on mandatory grounds for non-execution, effective judicial review prior to the surrender, and the notion of humanitarian reasons for the postponement of the surrender. On the other hand, Slovakia failed to fully transpose the provision related to the judgements where the sentenced person was not personally present at the trial and to correctly transpose the obligation to execute an EAW, the mandatory grounds for refusal, the time limits for taking a decision on the execution of the EAW and the provision on transit. The Commission sent letters of formal notice to Belgium in June 2021, to Poland in December 2020 and to Finland in September 2021. Following their replies, the Commission concluded that all three Member States failed to correctly transpose the temporary transfer of the requested person pending the decision on surrender. In addition, Belgium and Poland incorrectly transposed the conditions for the hearing of the requested person pending the decision on surrender, and Poland the provisions related to the judgments where the sentenced person was not personally present at the trial and to competing international obligations. Belgium, Bulgaria, Poland, Slovakia and Finland now have two months to address the shortcomings identified by the Commission. Otherwise, the Commission may decide to send a reasoned opinion to Belgium, Poland and Finland, and to refer Bulgaria and Slovakia to the Court of Justice of the European Union.

Reasoned opinions

Consumer protection: Commission calls on ESTONIA, IRELAND, CYPRUS, LATVIA, LUXEMBOURG and POLAND to transpose the rules on representative actions
Today, the European Commission decided to send a reasoned opinion to Estonia, (INFR(2023)0011), Ireland (INFR(2023)0021), Cyprus (INFR(2023)0005), Latvia (INFR(2023)0027), Luxembourg (INFR(2023)0025) and Poland (INFR(2023)0030) for failing to transpose the EU rules laid down by the Representative Actions Directive (Directive (EU) 2020/1828). The Directive requires Member States to allow designated consumer organisations and public bodies bring legal actions against traders’ illegal practices on behalf of consumers. Consumers that have been harmed by an illegal commercial practice may seek redress such as compensation, replacement or repair. In January 2023, the Commission sent letters of formal notice to 24 Member States for failing to notify national measures fully transposing the Directive by the deadline of 25 December 2022. After exchanges with these Member States and careful analysis of their responses, the Commission has concluded that Estonia, Ireland, Cyprus, Latvia, Luxembourg and Poland have not provided satisfactory information on the measures transposing the Directive. These six Member States now have two months to address the shortcomings identified by the Commission. In the absence of a satisfactory response, the Commission may decide to refer them to the Court of Justice of the European Union.

European Accessibility Act: Commission calls on BULGARIA, IRELAND, CYPRUS, the NETHERLANDS, and POLAND to transpose the Directive on accessibility of products and services for persons with disabilities
Today, the European Commission decided to send reasoned opinions to Bulgaria (INFR(2022)0290), Ireland (INFR(2022)0309), Cyprus (INFR(2022)0291), the Netherlands (INFR(2022)0315) and Poland (INFR(2022)0317) for failing to transpose the EU rules on the accessibility of products and services for persons with disabilities (Directive (EU) 2019/882) into their national law. The European Accessibility Act requires key products and services such as phones, computers, e-books, banking services and electronic communications to be accessible for persons with disabilities. This will help increase active participation in society, including in education and in employment, as well as more autonomy and mobility opportunities of people with disabilities, representing at least 87 million European citizens. Businesses and services must ensure that they comply with a set of common EU accessibility requirements by 2025. In July 2022, the Commission had sent letters of formal notice to 24 Member States and in April 2023 to another three Member States for failing to communicate measures fully transposing the Directive. Today, the Commission has decided to send reasoned opinions to Bulgaria, Ireland, Cyprus, the Netherlands and Poland for failing to notify their transposition measures. These five Member States have now two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer them to the Court of Justice of the European Union.

5. Energy and climate

(For more information: Tim McPhie – Tel.: +32 229 58602; Giulia Bedini – Tel. +32 229 58661)

Letter of formal notice

Radiation protection: Commission calls on SWEDEN to correctly transpose the Euratom Basic Safety Standards Directive
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Sweden (INFR(2023)2085) for failing to correctly transpose the revised Basic Safety Standards Directive (Council Directive 2013/59/Euratom). The Directive, which modernises and consolidates EU radiation protection legislation, lays down basic safety standards to protect members of the public, workers and patients against the dangers arising from exposure to ionising radiation. It also includes emergency preparedness and response provisions that were strengthened following the Fukushima nuclear accident. The Commission found that the Swedish transposition measures are not correctly transposing certain parts of the Directive, including provisions on the management of existing exposure situations, the estimation of radiation doses to members of the public from authorised practices, the allocation of human and financial resources to the radiation protection authority, the licensing and monitoring of transfers of high activity sealed sources and the features of the national emergency management system. Sweden now has two months to reply and address the shortcomings identified by the Commission. Otherwise, the Commission may decide to send Sweden a reasoned opinion.

Reasoned opinions

Renewable and energy efficiency targets: Commission urges CROATIA, HUNGARY and ROMANIA to submit reports on the achievement of 2020 targets
Today, the European Commission decided to send reasoned opinions to Croatia (INFR(2022)2164), Hungary (INFR(2022)2165) and Romania (INFR(2022)2166) for failing to comply with reporting obligations under Regulation (EU) 2018/1999 on the Governance of the Energy Union and Climate Action. In particular, the Commission is calling on Croatia to fully report on the achievement of its 2020 targets for energy efficiency and share of energy from renewable sources in the dedicated E-platform. It is also calling on Hungary and Romania to fully report on the achievement of their 2020 targets for energy efficiency. The Governance Regulation required Member States to report to the Commission by 30 April 2022 on the achievement of their 2020 energy efficiency targets established in Directive 2012/27/EU on energy efficiency. The Governance Regulation also required that, by the same deadline, Member States report on their targets for the share of energy from renewable sources in 2020, as set out in Directive 2009/28/EC on renewable energy sources.
In January 2023, the Commission sent a letter of formal notice to the three Member States. To date, despite partial progress, they have failed to submit full reports as required under the Regulation. These Member States now have two months to rectify the situation and fully comply with reporting obligations. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.

Internal energy market: Commission urges CROATIA, ITALY, LATVIA, LITHUANIA and SLOVAKIA to fully transpose EU rules on the internal electricity market
Today, the European Commission decided to send a reasoned opinion to Croatia (INFR(2021)0051), Italy (INFR(2021)0059), Latvia (INFR(2021)0072), Lithuania (INFR(2022)2036) and Slovakia (INFR(2021)0102) for not having fully transposed EU rules for the internal electricity market set out in the Directive (EU) 2019/944, amending Directive 2012/27/EU. This Directive lays down key rules regarding the organisation and functioning of the EU electricity sector to create truly integrated, competitive, consumer-centred, flexible, fair and transparent electricity markets across the Union. The deadline to transpose the Directive into national law was 31 December 2020. The Commission sent a letter of formal notice to Croatia, Italy, Latvia and Slovakia in February 2021 and it sent a letter of formal notice to Lithuania in May 2022, after concluding that not all the provisions of the Directive had been transposed into their national laws. Having examined the replies from the Member States concerned as well as the national transposition measures notified, the Commission considers that these Member States have still not fully transposed the Directive. The five Member States concerned now have two months to take the necessary measures and notify the Commission. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union.

Energy Performance of Buildings: Commission urges MALTA to fully transpose the Energy Performance of Buildings Directive
Today, the European Commission decided to send a reasoned opinion to Malta (INFR(2021)2271) for not having fully transposed EU rules on improving the energy performance of buildings set out in Directive (EU) 2018/844 which amended Directive 2010/31/EU. The Directive introduced new elements to strengthen the existing framework and improve the energy performance of buildings, such as minimum energy performance requirements for new buildings, electromobility and recharging points, and new rules on the inspection of heating and air-conditioning systems. The deadline to transpose the Directive into national law was 10 March 2020.
In February 2022, the Commission sent a letter of formal notice to Malta after concluding that not all the provisions of the Directive had been transposed into national law. Having examined the reply from Malta as well as the national transposition measures notified, the Commission considers that Malta has still not fully transposed the Directive. Malta now has two months to take the necessary measures to ensure full transposition and notify the Commission. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.

Renewable energy: Commission urges CZECHIA to fully transpose the Renewable Energy Directive
Today, the European Commission decided to send a reasoned opinion to Czechia (INFR(2021)0181) for not having fully transposed EU rules on the promotion of the use of energy from renewable sources set out in Directive (EU) 2018/2001. This Directive provides the legal framework for the development of renewable energy in electricity, heating and cooling, and transport in the EU. It sets an EU-level binding target for 2030 of at least 32% renewable energy and includes measures to ensure support for renewable energy to be cost-effective, and to simplify administrative procedures for renewable energy projects. It also facilitates the participation of citizens in the energy transition and sets specific targets to increase the share of renewables in the heating and cooling and transport sectors by 2030. The deadline to transpose the Directive into national law was 30 June 2021. In July 2021, the Commission sent a letter of formal notice to Czechia. To date, the Member State has still not fully transposed the Directive. Czechia now has two months to remedy the situation and notify the Commission of complete transposition of the Directive. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.

6. Taxation and Customs Union

(For more information: Daniel Ferrie – Tel.: +32 229 86500; Aikaterini Apostola – Tel.: +32 229 87624)

Letters of formal notice

Taxation: Commission asks SWEDEN to amend its rules on preliminary income taxation of foreign contractors
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Sweden (INFR(2023)4007) drawing its attention to the potential incompatibility of its legislation on preliminary income taxation with EU law. Swedish clients paying for work carried out by contractors established in other EU Member States or EEA countries are obliged to withhold a preliminary income tax at a rate of 30 per cent on the relevant remunerations unless the foreign contractors have been approved by the Swedish tax authority for preliminary income tax purposes (commonly termed as ‘F-tax approval’). The Commission deems that such an obligation to withhold preliminary income tax in situations where foreign contractors have no Swedish permanent establishment – and hence no income tax liability in Sweden – could infringe the freedom to provide services (Article 56 of the TFEU and Article 36 of the EEA Agreement). Sweden has now two months to reply to the arguments raised by the Commission after which the Commission may decide to send a reasoned opinion.

Taxation: Commission calls on HUNGARY to align its corporate income tax rules with EU anti-tax avoidance rules
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Hungary (INFR(2023)2041) requesting it to align, on a number of points, its corporate income tax rules with the Anti-Tax Avoidance Directive (Council Directive (EU) 2016/1164). The Commission identified divergent rules on the taxation of Controlled Foreign Companies (CFCs) as well as a problematic definition of “associated enterprise” which, for the purposes of applying the Directive’s rules, should include also subsidiaries under common control. The Hungarian legislation does not guarantee that. Hungary now has two months to reply to the arguments raised by the Commission after which the Commission may decide to send a reasoned opinion.

Taxation: Commission takes further action against BELGIUM for breaching the free movement of workers
The European Commission decided to open an infringement procedure under Article 260 TFEU by sending a letter of formal notice to Belgium (INFR(2014)2191) for not properly complying with the ruling of the Court of Justice of the European Union of 10 March 2022 (Case C-60/21). The Court found that Belgium infringed the Treaty by refusing non-resident taxpayers who earn less than 75% of their worldwide income in Belgium from deducting their alimony payments from their taxable income. Deduction is refused in Belgium even when the taxpayer has no significant taxable income in the State of residence, making it impossible to deduct the above payments from taxable income in the State of residence. This refusal penalises non-resident taxpayers, who have exercised the right of freedom of movement of workers, because the alimony payments are deducted neither from their taxable income in their State of residence nor in Belgium as the State of employment. Belgium has two months to reply to the letter of formal notice. Otherwise, the Commission may refer the case back with proposed financial sanctions to the Court of Justice of the European Union.

Reasoned opinions

Taxation: Commission calls on BELGIUM to eliminate discriminatory conditions for tax exemption of remuneration received from savings deposits
Today, the European Commission decided to send a reasoned opinion to Belgium (INFR(2015)4212) for maintaining discriminatory conditions for tax exemption of remuneration received from savings deposits. The Commission considers that the Belgian tax exemption system applicable to income from savings deposits imposes discriminatory conditions for access to the Belgian banking market on service providers established in other Member States of the European Union or the European Economic Area and, therefore, is contrary to the freedom to provide services (Article 56 TFEU and Article 36 of the Agreement on the European Economic Area). Belgium has now two months to reply to the arguments put forward by the Commission. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.

Taxation: Commission urges BELGIUM, GREECE, SPAIN, CYPRUS, POLAND and PORTUGAL to complete the transposition of tax transparency rules into national law and closes the infringement against SLOVENIA for lacking transposition of the same Directive
Today, the European Commission decided to send a reasoned opinion to Belgium (INFR(2023)0003), Greece (INFR(2023)0014), Spain (INFR(2023)0016), Cyprus (INFR(2023)0006), Poland (INFR(2023)0031) and Portugal (INFR(2023)0033) for failure to communicate the national measures implementing Council Directive (EU) 2021/514 of 22 March 2021 (DAC7) amending Directive 2011/16/EU on administrative cooperation in the field of taxation. Under DAC7, digital platforms such as websites and mobile apps, which allow taxpayers to sell goods, offer online and offline personal services, or rent out immovable property or means of transport, have to report those taxpayers and their economic activities. This information will help tax authorities prevent tax evasion or misreporting by using digital platforms. The deadline for the communication of the national transposing measures was 31 December 2022. Belgium, Greece, Spain, Cyprus, Poland and Portugal have two months to reply and take the necessary measures. In the absence of a full communication of all national implementing measures, the Commission may decide to refer the case to the Court of Justice of the European Union.

Referrals to the Court of Justice

Taxation: Commission decides to refer LUXEMBOURG to the Court of Justice of the European Union for failing to correctly transpose EU anti-tax avoidance rules
Today, the Commission decided to refer Luxembourg (INFR(2020)2183) to the Court of Justice of the European Union for failing to correctly transpose provisions of the Anti-Tax Avoidance Directive (ATAD1) Council Directive (EU) 2016/1164. The ATAD1 provides for a derogation from the measures limiting the deductibility of interest payments from the corporate tax base applicable to financial undertakings. The Directive contains an exhaustive list of entities considered as financial undertakings for this purpose. However, Luxembourg expands the derogation also to securitisation entities, which goes beyond what is foreseen by the provisions of ATAD1. This decision follows a letter of formal notice sent to Luxembourg in 2020 and a reasoned opinion in December 2021. As Luxembourg’s reply to the Commission’s reasoned opinion was not satisfactory, and the Member State has not taken action to legislate a correction, the Commission has now decided to refer Luxembourg to the Court of Justice of the European Union. The full press release is available online.

7. Mobility and Transport

(For more information: Adalbert Jahnz – Tel.: +32 229 53156, Deborah Almerge Ruckert– Tel.: +32 229 87986)

Letters of formal notice

Rail transport: Commission calls on the NETHERLANDS to comply with EU rules on competitive award of rail public transport contracts
The European Commission decided to open an infringement procedure by sending a letter of formal notice to the Netherlands (INFR(2023)4011) for failure to correctly apply Regulation (EC) No 1370/2007 on public passenger transport by road and rail. The Netherlands has decided to award the concession contract for passenger transport services by rail to the incumbent operator Nederlandse Spoorwegen, the Dutch railway. The contract starts on 1 January 2025 and is awarded under the provision of the Regulation that allows the unconditional direct award of public service contracts for rail services, but which ceases to apply as of 24 December 2023. After that date, the service contracts for public transport services by rail should, in principle, be competitively tendered. The direct award of such contracts is the exception, and from December 2023, can only be used in limited, well-defined circumstances. The long period between the date of award, 24 December 2023 at the latest, and when services will start after 1 January 2025, is without objective justification. In this context, the Commission considers that the decision to directly award this contract now constitutes a circumvention of the principle of competitive award. The Commission is therefore sending a letter of formal notice to The Netherlands, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

Maritime transport: Commission calls on the NETHERLANDS to comply with EU rules on marine equipment
The European Commission decided to open an infringement procedure by sending a letter of formal notice to the Netherlands (INFR(2023)2079) for failing to comply with EU rules on marine equipment contained in the Marine Equipment Directive (Directive 2014/90/EU). The Directive includes common safety rules for equipment such as life jackets, sewage cleaning systems and radars on board EU-flagged ships. The Netherlands has failed to ensure, through appropriate assessment processes, that marine equipment onboard ships under its responsibility complies with the requirements of the Directive. The Commission is therefore sending a letter of formal notice to the Netherlands, which now has two months to respond and address the shortcomings raised by the Commission. Otherwise, the Commission may decide to issue a reasoned opinion.

Maritime transport: Commission calls on GERMANY to comply with EU rules on port services
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Germany (INFR(2021)2041) for failing to fulfil its obligations under Article 16 of the Port Services Regulation 2017/352/EU. The article contains an obligation to put in place an effective procedure to handle complaints arising from the application of the Regulation, avoiding conflicts of interest and in a way functionally independent of any managing body of the port, or providers of port services. The Commission considers that Germany appears (i) not to have entirely complied with its notification obligation under Article 16(7) and (ii) to have in place complaint handling procedures that do not conform to the requirements of Article 16(2) of the Regulation. The Commission is therefore sending a letter of formal notice to Germany, which now has two months to respond and address the shortcomings raised by the Commission. Otherwise, the Commission may decide to issue a reasoned opinion.

Air transport: Commission calls on CZECHIA, DENMARK, GERMANY, ESTONIA, IRELAND, GREECE, CROATIA, ITALY, CYPRUS, LITHUANIA, HUNGARY, the NETHERLANDS, PORTUGAL, SLOVENIA, SLOVAKIA, FINLAND and SWEDEN to ensure compliance with the Common Project One Regulation to implement technical solutions for air traffic management
The European Commission decided to open an infringement procedure by sending letters of formal notice to Czechia (INFR(2023)2047INFR(2023)2047), Denmark (INFR(2023)2049), Germany (INFR(2023)2048), Estonia (INFR(2023)2050), Ireland (INFR(2023)2055), Greece (INFR(2023)2051), Croatia (INFR(2023)2053), Italy (INFR(2023)2056), Cyprus (INFR(2023)2046), Lithuania (INFR(2023)2057), Hungary (INFR(2023)2054), the Netherlands (INFR(2023)2058), Portugal (INFR(2023)2059), Slovenia (INFR(2023)2061), Slovakia (INFR(2023)2062), Finland (INFR(2023)2052), and Sweden (INFR(2023)2060), for failing to ensure that their operational stakeholders comply with certain requirements within Commission Implementing Regulation (EU) 2021/116 on the establishment of the ‘Common Project One’ supporting the implementation of the European Air Traffic Management Master Plan. The project ensures a synchronised implementation of different procedures and technical solutions, which is essential for good air traffic management performance across the entire Single European Sky network. Some stakeholders in these Member States have not yet implemented some of these procedures, for which the implementation date was 31 December 2022. Consequently, the Commission considers that the Member States in question have failed to ensure that their operational stakeholders comply with the requirements of the Common Project One Regulation. The Commission is therefore sending a letter of formal notice to the Member States concerned, which now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

Civil aviation safety: Commission calls on GREECE to comply with EU rules on air operations and aerodromes
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Greece (INFR(2023)2078) for failing to comply with EU rules on verifying the conformity of air transport operators  and carrying out the oversight activities in civil aviation safety (Regulation (EU) 2018/1139 and Regulation (EU) 965/2012), as well as for failing to comply with EU rules on the certification of aerodromes (Regulation (EU) 2018/1139 and Regulation (EU) 139/2014).
For air operations, Member States’ competent authorities must verify commercial air transport operator’s compliance with certain requirements, for which they must establish and maintain a management system with a minimum number of qualified personnel. Investigations conducted by the European Aviation Safety Agency (EASA) have shown that the competent authority in Greece (Hellenic Civil Aviation Authority, HCAA) did not conduct the necessary conformity verifications as stipulated in Commission Regulation (EU) 965/2012. In addition, 10 aerodromes have been identified by HCAA and EASA as not correctly certified in conformity with Regulation (EU) 2018/1139. Greece could also not provide evidence that in four military operated aerodromes, which are open to public use, a required level of safety and interoperability with civil systems has been achieved. The Commission is therefore sending a letter of formal notice to Greece, which now has two months to respond and address the shortcomings raised by the Commission. Otherwise, the Commission may decide to issue a reasoned opinion.

Letters of formal notice and Reasoned opinions

Road transport: Commission calls on BELGIUM, BULGARIA, DENMARK, FRANCE, ITALY, HUNGARY, MALTA, POLAND, SLOVENIA and FINLAND to correctly transpose rules on posting of drivers
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Denmark (INFR(2023)2086) and France (INFR(2023)2087) for their failure to notify the Commission all measures transposing  Directive (EU) 2020/1057 into national law.
The Commission also decided to send reasoned opinions to Belgium (INFR(2022)0194), Bulgaria (INFR(2022)0196), Italy (INFR(2022)0231), Hungary (INFR(2022)0226), Malta (INFR(2022)0240), Poland (INFR(2022)0247), Slovenia (INFR(2022)0260) and Finland (INFR(2022)0217), for their failure to notify the Commission that they have transposed all measures under Directive (EU) 2020/1057 into national law. This Directive sets EU rules for the posting of drivers in the road transport sector. It guarantees a driver’s right to be paid the salary of the country to which he or she has been posted and sets a clear legal framework for operators on conducting their operations (e.g., a closed list of administrative requirements and control measures). Member States had to adopt national measures to transpose the Directive by 2 February 2022.
Denmark and France have not taken all the necessary measures to ensure the full transposition of the Directive into national law and/or have failed to notify the Commission of these measures. The Commission is therefore sending a letter of formal notice to the two Member States, which now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Belgium, Bulgaria, Italy, Hungary, Malta, Poland, Slovenia and Finland have not indicated, in a sufficiently clear and precise manner, all the national measures which they consider correspond to the different obligations imposed by the Directive. Therefore, the Commission has decided to send a reasoned opinion to these Member States that now have two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.

Road safety: Commission calls on BULGARIA, DENMARK, GREECE, LITHUANIA, AUSTRIA and FINLAND to correctly transpose EU rules on periodic roadworthiness tests
The European Commission decided to open an infringement procedure by sending letters of formal notice to Denmark (INFR(2023)2082), Greece (INFR(2023)2083), Lithuania (INFR(2023)2084) and Austria (INFR(2023)2081), for their incorrect transposition of Commission Delegated Directive (EU) 2021/1717.
The Commission also decided to send a reasoned opinion to Bulgaria (INFR(2022)0414) and Finland (INFR(2022)0421) for their incorrect transposition of the Commission Delegated Directive (EU) 2021/1717. This Directive amends Directive 2014/45/EU on the practicalities of periodic roadworthiness tests for motor vehicles and their trailers, notably by updating vehicle category designations for high-speed tractors, powered two- and three-wheelers and quadricycles. It also adds eCall, a system to send automated messages to the emergency services following a crash, to the list of items which should be subject to periodic roadworthiness tests. The deadline to transpose the Directive into national law was 27 September 2022.
Denmark, Greece, Lithuania and Austria have incorrectly transposed the Directive in different ways and concern specific requirements, including for example the requirement to test eCall. The Commission is therefore sending a letter of formal notice to the Member States concerned, which now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
As regards Bulgaria and Finland, the Commission sent letters of formal notice to both Member States in November 2022. The Commission found the transposition still insufficient in certain areas covered by the Directive, including for example the obligation to add eCall to the list of test items. Therefore, the Commission has decided to send a reasoned opinion to Bulgaria and Finland, which now have two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union.

Road safety: Commission calls on BELGIUM, DENMARK, the NETHERLANDS and POLAND to correctly transpose EU rules on roadside inspections
The European Commission decided to open an infringement procedure by sending a letter of formal notice to the Netherlands (INFR(2023)2080) for its incorrect transposition of the Commission Delegated Directive (EU) 2021/1716.
The Commission also decided to send a reasoned opinion to Belgium (INFR(2022)0399), Denmark (INFR(2022)0418) and Poland (INFR(2022)0432) for their incorrect transposition of the Commission Delegated Directive (EU) 2021/1716. This Directive updates Directive 2014/47/EU on vehicle category designations, notably for the high-speed tractor category, and aims to improve road safety by ensuring the roadworthiness of heavy commercial vehicles used on public roads. The deadline to transpose the Directive into national law was 27 September 2022. Despite the fact that the Netherlands has notified a complete transposition of the Directive, the Commission considers that some obligations under the Directive were incorrectly transposed. The Commission is therefore sending a letter of formal notice to the Netherlands, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
As regards Belgium, Denmark and Poland, the Commission sent a letter of formal notice to all three Member States in November 2022. The transposition was found not to conform in certain areas covered by the Directive. The conformity issues identified by the Commission are different for each Member State and include reference to the Directive in legislation, and its official publication. The Commission has therefore decided to send a reasoned opinion to the three Member States, which now have two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union.

Reasoned opinions

Road transport: Commission calls on FINLAND to correctly transpose EU rules on electronic tolling into national law
Today, the European Commission decided to send a reasoned opinion to Finland (INFR(2022)2108) for failing to transpose all the necessary provisions of the European Electronic Tolling Service (EETS) Directive (Directive (EU) 2019/520) into national law. The EETS is a tolling system, for which EU road-users can pay tolls with a single subscription contract, through a single service provider and a single on-board unit that would cover all Member States, once fully implemented. The Directive has two objectives: to ensure interoperability between electronic road toll systems, and to facilitate the cross-border exchange of information on failure to pay road fees. The transposition deadline for this Directive was 19 October 2021. Failure to completely transpose these rules presents an obstacle to interoperability between electronic road toll systems in the Member States, and to cross-border enforcement of the obligation to pay road fees in the EU. Therefore, the Commission has decided to send a reasoned opinion to Finland, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.

Inland navigation: Commission calls on GERMANY to transpose EU rules on professional qualifications in inland navigation as well as to transpose EU rules on transitional measures for the recognition of third-country certificates
The European Commission decided to send reasoned opinions to Germany (INFR(2022)0203 and INFR(2022)0206) for failing to transpose the Directive (EU) 2017/2397 on the recognition of professional qualifications in inland navigation in its entirety, and the Commission Delegated Directive (EU) 2020/12 supplementing that Directive. In addition, the Commission decided to also send a reasoned opinion to Germany (INFR(2022)0204) for failing to completely transpose Directive (EU) 2021/1233, amending Directive (EU) 2017/2397, on transitional measures for recognising third-country certificates for inland navigation.
Directive (EU) 2017/2397 sets the conditions and procedures for certifying the qualifications of persons involved in the operation of a craft on Union inland waterways, and for the recognition of such qualifications in Member States. The certification is aimed at facilitating mobility, ensuring the safety of navigation, and protecting human life and the environment. Moreover, Directive (EU) 2017/2397 sets out transitional measures to ensure that certificates of qualification, service record books and logbooks issued before the end of the Directive’s transposition period remain valid while skilled crew members apply for a Union certificate of qualification, or another certificate recognised as equivalent. With the exception of the Rhine navigation licences, these transitional measures do not apply to certificates of qualification, service record books and logbooks issued by third countries that are currently recognised by Member States.
In order to ensure a smooth transition to the system for recognising third-country documents provided for in Directive (EU) 2017/2397, Directive (EU) 2021/1233 sets out transitional measures for third countries to align their requirements with those laid down in EU rules. According to the notifications made to the Commission, Germany has not fully transposed those transitional measures yet. Furthermore, Directive (EU) 2020/12 sets harmonised standards for competences, knowledge and skills for practical examinations, for medical fitness, and for the approval of simulators, supplementing Directive (EU) 2017/2397. The Commission has decided to send a reasoned opinion to Germany, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.

8. Financial Stability, Financial Services and Capital Markets Union

(For more information: Daniel Ferrie – Tel.: +32 229 86500, Aikaterini Apostola – Tel.: +32 229 87624)

Letters of formal notice

Anti-Money Laundering: Commission calls on CYPRUS to correctly transpose the 5th Anti-Money Laundering Directive
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Cyprus INFR(2023)2063) on the grounds of its incorrect transposition of the 5^th Anti-Money Laundering Directive (5^thAML) Directive (EU) 2018/843. Cyprus had notified a complete transposition of the Directive but the Commission has identified several instances of incorrect transposition, mainly related to the functioning of the national beneficial ownership register (the register that indicates who actually owns what). For instance, Cyprus suspended the application of sanctions in case incorrect information is included, has not communicated any enforcement measures that guarantee the completeness of the register and has not set up yet a beneficial ownership register on companies. Anti-money laundering rules are instrumental in the fight against money laundering and terrorism financing. Legislative gaps occurring in one Member State have an impact on the EU as a whole. In addition, as regards sanctions imposed by the EU following Russia’s invasion of Ukraine it is imperative that the beneficial owners of sanctioned firms are identified. It is of outmost importance, that EU rules are implemented and supervised efficiently in order to combat crime, protect our financial system and ensure EU sanctions enforcement. Without a satisfactory response from Cyprus within two months, the Commission may decide to send a reasoned opinion

Single Market: Commission calls on CZECHIA to bring their national law in conformity with the EU rules on the freedom to provide services of insurance undertakings
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Czechia (INFR(2023)4008) for failing to ensure the correct application of the Directive on the taking-up and pursuit of the business of insurance and reinsurance (Directive 2009/138/EC), known as “Solvency II”. This Directive sets out harmonised rules for the authorisation of insurance and reinsurance undertakings in the EU. Certain amendments to Czech law adopted back in 2021 have created a temporary monopoly for a specific insurance undertaking with respect to private health insurance that is, under certain condition, compulsory for some foreigners staying in Czechia. The amended Czech law prevents citizens from choosing another insurance undertaking. In addition, it prevents insurance undertakings from pursuing the related business in Czechia. Consequently, the Commission takes the view that Czech law is contrary to the provisions of the Solvency II Directive. Concretely, the provisions of the Directive provide that an insurance policyholder can conclude a contract with any insurance undertaking duly authorised in any of the Member States. This can happen as long as that conclusion of contract does not conflict with the relevant legal provisions protecting the general good, and as long as an authorisation of an insurance undertaking is valid for the entire EU, and it covers business under the freedom to provide services. Czechia now has two months to take the necessary measures to address the shortcomings identified by the Commission. In the absence of a satisfactory response, the Commission may decide to send a reasoned opinion to Czechia.

9. Jobs and social rights

(For more information: Veerle Nuyts – Tel.: +32 229 96302; Flora Matthaes – Tel.: +32 229 83951)

Reasoned opinions

EU labour law: Commission calls on ITALY to align its legislation on working conditions for honorary magistrates with EU law
Today, the European Commission decided to send a reasoned opinion to Italy (INFR(2016)4081) for failing to bring its national legislation applying to honorary magistrates fully in line with EU labour law. In the Commission’s view, the Italian legislation fails to comply with EU rules on fixed-term work, on part-time work, on working time and on pregnant workers (Framework Agreement annexed to Directive 1999/70/EC, Framework Agreement annexed to Directive 97/81/EC, Directive 2003/88/EC, Directive 92/85/EEC, respectively). Several categories of honorary magistrates – honorary justices of the peace, honorary deputy prosecutors, and honorary court judges – do not enjoy the status of a ‘worker’ under Italian national law, and are considered volunteers providing services on an ‘honorary’ basis. Because of this, they do not enjoy protection granted to workers under EU labour law, leading for instance to a lack of allowances in case of illness, accidents and pregnancy, to differences in pay, and to tax discrimination. Honorary magistrates are also not sufficiently protected against the abuse of successive fixed-term contracts, and they do not have the possibility to obtain proper compensation for such abuse. Furthermore, Italy has not set up a system to measure the daily working time of each honorary magistrate. This reasoned opinion follows an additional letter of formal notice sent in July 2022. The Commission considers that the Italian reply of December 2022 does still not satisfactorily address its concerns and has now decided to send a reasoned opinion. Italy has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.

Referrals to the Court of Justice

Labour mobility: Commission decides to refer ITALY to the Court of Justice of the European Union for maintaining discrimination of foreign lecturers
Today, the European Commission decided to refer Italy (INFR(2021)4055) to the Court of Justice of the European Union for failing to end discrimination of foreign lecturers. Italy does not adequately enforce national law implementing EU rules on the free movement of workers (Regulation (EU) No 492/2011 and Article 45 of the Treaty on the Functioning of the European Union). Under EU law, EU citizens who exercise their right to free movement must not be discriminated because of their nationality as regards access to employment and working conditions. Italian law provides a legal framework for the so-called reconstruction of careers of foreign lecturers (‘Lettori’) in Italian universities, which complies with EU law. This has been recognised by the Court of Justice of the European Union in case C-119/04. However, to date, the majority of universities in Italy did not take the steps needed for a correct reconstruction of the Lettori’s careers. As a consequence, most foreign lecturers have still not received the salary and benefits to which they are entitled. The Commission sent a reasoned opinion to Italy in January 2023 and is now referring Italy to the Court of Justice of the European Union. A press release is available online.

10. Competition

(For more information: Arianna Podesta Tel.: +32 2 298 70 24; Sara Simonini Tel.: +32 2 298 33 67)

Reasoned opinions and Referrals to the Court of Justice

Antitrust: Commission decides to refer ESTONIA to the Court of Justice of the European Union and sends a reasoned opinion to ROMANIA for failing to transpose the ECN+ Directive
Today, the Commission decided to refer Estonia (INFR(2021)0112) to the Court of Justice of the European Union and to issue a reasoned opinion to Romania (INFR(2021)0128) for failing to fully transpose the ECN+ Directive (Directive (EU) 2019/1) into national legislation. The ECN+ Directive empowers national competition authorities to be more effective enforcers of EU antitrust rules by providing them with the necessary guarantees of independence, resources and the appropriate fining and enforcement tools, such as decision-making powers, effective leniency programmes and mechanisms for mutual assistance. Member States had to adopt and publish the necessary measures to ensure the full transposition of the ECN+ Directive by 4 February 2021. To date, Estonia has not communicated to the Commission any transposition measures, while Romania has communicated only partial transpositions. Therefore, the Commission has decided to refer Estonia to the Court of Justice of the EU and to send a reasoned opinion to Romania, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer Romania to the Court of Justice of the European Union. A press release is available online.