September 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 107 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, Daniela Stoycheva – Tel.: +32 229 53664)
Letters of formal notice and Reasoned opinions
Waste: Commission calls on BELGIUM, CROATIA, DENMARK, ESTONIA, FRANCE, IRELAND, LATVIA, POLAND, PORTUGAL, SLOVENIA and FINLAND to fully transpose the Directive on Single-Use Plastics
The Commission is calling on Belgium (INFR(2022)0009), Croatia (INFR(2022)0086), Denmark (INFR(2022)2081), Estonia (INFR(2022)0054), France (INFR(2022)2050), Ireland (INFR(2022)0096), Latvia (INFR(2022)0124), Poland (INFR(2022)0148), Portugal (INFR(2022)0157), Slovenia (INFR(2022)0179) and Finland (INFR(2022)0078) to transpose fully the Single-Use Plastics Directive (Directive 2019/904) into their national laws. The Single-Use Plastic Directive aims to prevent and reduce the impact of certain plastic products that are used for a very short time on the environment, in particular the marine environment, and on human health. The legislation also promotes the transition to a circular economy with innovative and sustainable business models, products and materials. To this end, the Directive includes several measures on reducing consumption, restricting placing certain products on the market and specific product requirements. The European Green Deal stresses the importance of Europe remaining on track to meet its environmental objectives. Today, the Commission is sending a letter of formal notice to Denmark and France, and a reasoned opinion to Belgium, Croatia, Estonia, Ireland, Latvia, Poland, Portugal, Slovenia and Finland, for failing to fully transpose the Directive by the required deadline. France has not yet transposed the required measures regarding “fishing gear”, “waste fishing gear” and “port reception facilities” into national legislation. The Danish authorities have indicated that transposition is envisaged at later dates, supporting this view with the provisions of the Directive which only enter into force in 2023 and 2024. However, transposition should have been completed by July 2021. The Commission is therefore sending a letter of formal notice to Denmark and France, 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. The Commission sent a letter of formal notice to the other 9 Member States concerned in January 2022. The 9 countries have still not communicated all the measures necessary to ensure the full transposition of the Directive into its national law. Therefore, the Commission has decided to issue reasoned opinions today. The 9 Member States concerned have now 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. More information is in the press release.
Letters of formal notice
Environmental impact assessment: Commission calls on LITHUANIA to fully transpose EU law
The Commission is calling on Lithuania (INFR(2022)2083) to bring its national legislation in line with the Directive on environmental impact assessment (Directive 2011/92/EU), which requires certain public and private projects likely to have significant impact on the environment to be subject to an environmental impact assessment before being authorised. The Directive was revised in April 2014, with the aim of reducing administrative burden and improving the level of environmental protection, while making business decisions on public and private investments more sound, predictable and sustainable. The Commission has found a number of shortcomings in Lithuania’s national legislation. The Commission is therefore sending a letter of formal notice to Lithuania, 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 improve its implementation of national legislation in line with EU nature laws
The Commission is calling on Austria (INFR(2022)2056) to improve its implementation of national legislation in line with the Habitats Directive, the Birds Directive and the Directive on public access to environmental information. The Habitats Directive is one of Europe’s primary tools for protecting biodiversity. Under the Directive, Member States must designate Special Areas of Conservation and establish conservation objectives and measures to maintain or restore a favourable conservation status of the species and habitats therein. The European Green Deal and the European Biodiversity Strategy both aim for the EU to halt its biodiversity loss by improving and restoring damaged ecosystems. Austria is late in putting in place the required measures. In Austria, several Sites of Community Interest notified to the Commission have not yet been protected as Special Areas of Conservation. In many other sites, Austria has either not set conservation objectives and measures, or the objectives and measures are incomplete or too broad. The situation is similar in Special Protection Areas within the scope of the Birds Directive. These shortcomings make it impossible to correctly assess projects that may have a significant effect on the protected sites. Finally, Austria has also failed to provide sufficient information about conservation objectives and measures to the public. 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.
Industrial emissions: Commission calls on PORTUGAL to improve its national rules
The Commission is calling on Portugal (INFR(2022)2085) to bring its national legislation in line with the Industrial Emissions Directive (Directive 2010/75/EU). The Directive lays down rules to prevent and reduce industrial emissions into air, water and land, and to prevent the generation of waste, in order to achieve a high level of environmental protection. The European Green Deal, with its zero pollution ambition, aims for air, water and soil pollution to be reduced to levels no longer considered harmful to human health and the environment. Portugal has not correctly reflected certain provisions of the Directive in its national law, such as, for example, the obligation for the operator of industrial installations to inform the competent authority immediately in case of problems. The Commission is therefore sending a letter of formal notice to Portugal, 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 SLOVAKIA to improve its rules against air pollution
The Commission is calling on Slovakia (INFR(2022)2084) to correctly transpose into national legislation all the requirements of the Directive on the reduction of national emissions of certain atmospheric pollutants (“NEC Directive” – Directive (EU) 2016/2284). Reducing air pollutant emissions in line with the NEC Directive is key to effectively protect human health and safeguard the natural environment. In particular, the NEC Directive sets national emission reduction commitments for Member States for five important air pollutants (nitrogen oxides, non-methane volatile organic compounds, sulphur dioxide, ammonia and fine particulate matter). The European Green Deal and its zero pollution action plan put emphasis on cutting air pollution which is among the key factors affecting human health. Slovakia failed to transpose into national law the requirement regarding active and systematic dissemination of certain information on a publicly accessible website. Moreover, Slovak law also did not set any penalties for breaches of the NEC Directive. 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.
Additional Letters of formal notice
Environmental impact assessment: Commission calls on ESTONIA to improve its national rules
The Commission is calling on Estonia (INFR(2019)2109) to bring its national legislation in line with the Directive on environmental impact assessment (Directive 2011/92/EU), which requires certain public and private projects with likely significant impact on the environment to be subject to an environmental impact assessment before being authorised. The Directive was revised in April 2014, with the aim of reducing the administrative burden and improving the level of environmental protection, while making business decisions on public and private investments more sound, predictable and sustainable. The European Green Deal stresses the importance of Europe remaining on track to meet its environmental objectives. The Commission sent a letter of formal notice to Estonia in July 2019. Following that letter, Estonia amended its national law in September 2020, addressing some of the grievances. The Commission analysed these amendments and found additional transposition issues related to projects for the use of uncultivated land or semi-natural areas for intensive agricultural purposes. According to the Directive, those projects should be screened to determine if a full environmental impact assessment is necessary. However, the newly introduced threshold is so high that almost all of such projects would be exempt from screening. To address these issues, the Commission has decided to send an additional letter of formal notice to Estonia, to which the country now has two months to respond. Otherwise, the Commission may decide to send a reasoned opinion.
Reasoned Opinions
Waste: Commission calls on PORTUGAL to improve its treatment of waste
The Commission is calling on Portugal (INFR(2021)2258) to correctly apply the Landfill Directive (Directive 1999/31/EC) and the Waste Framework Directive (Directive 2008/98/EC). The Landfill Directive sets standards for landfills to prevent adverse effects on human health, water, soil and air. Under this Directive, Member States must take measures to ensure that only waste that has been subject to treatment is landfilled. The Commission sent a letter of formal notice to Portugal in February 2022 regarding shortcomings in Portugal, as at least 59% of the municipal waste is landfilled without any treatment. Having assessed the reply submitted by the Portuguese authorities, the Commission has concluded that the measures put in place by Portugal are insufficient to ensure that the waste is treated before being landfilled and that Portugal needs significant updates of its waste management infrastructure to make sure its municipal waste is treated according to the EU requirements. Therefore, the Commission has decided to issue a reasoned opinion. Portugal 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.
Environmental liability: Commission calls on SWEDEN to properly transpose EU legislation
The Commission is calling on Sweden (INFR(2020)2114) to ensure that its national legislation clearly and unambiguously allows all the categories of natural or legal persons mentioned in the Environmental Liability Directive (Directive 2004/35/CE) to submit observations relating to environmental damage or an imminent threat of such damage to the competent authority and request that authority to take action. The Court of Justice has clarified this right to request action in case C-529/15. Following this clarification, the Commission verified whether the legislation of all the Member States guarantees this. The Commission believes that this was not the case in Swedish legislation, as persons “likely to be affected by environmental damage” do not have clear access to justice rights under the Swedish legislation. To ensure that the environment can be protected properly, it is important that there is no uncertainty as to which people have the right to request action. The Commission sent a letter of formal notice to Sweden in July 2020. Sweden has not amended its legislation transposing the Environmental Liability Directive and the Commission maintains that the rights of persons likely to be affected by environmental damage are not sufficiently clearly stated therein. Therefore, the Commission has decided to issue a reasoned opinion, which has now 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.
Water: Commission calls on BULGARIA, CYPRUS, GREECE, LITHUANIA, ROMANIA and SLOVAKIA to provide updated flood risk maps
The Commission is calling on Bulgaria (INFR(2021)2249), Cyprus (INFR(2021)2253), Greece (INFR(2021)2254), Lithuania (INFR(2021)2250), Romania (INFR(2021)2251) and Slovakia (INFR(2021)2252) to update their Flood Hazard Maps and Flood Risk Maps as required by the Floods Directive (Directive 2007/60/EC). Flood Hazard Maps should cover the geographical areas which could be flooded, whereas Flood Risk Maps show the potential adverse consequences associated with these flood scenarios. These maps form the basis for the drafting of flood risk management plans. This year’s floods in Bulgaria, as well as the catastrophic floods in Germany and Belgium in July 2021, demonstrate the ever-increasing importance of assessing flood risks in the light of climate change impacts. Floods can also release pollutants stored in the ground and spread them even more widely. Member States were required to report on the updates they made to their first Flood Hazard Maps and Flood Risk Maps by 22 March 2020. The objective is to keep the maps fit for purpose and reduce the adverse consequences of floods for human health, the environment, cultural heritage and economic activity. The Commission sent letters of formal notice in February 2022 to Bulgaria, Cyprus, Greece, Lithuania, Romania and Slovakia as no information on the process was received. Since then, the six Member States have still not adopted and/or reported to the Commission on their updated maps. Therefore, the Commission has decided to issue reasoned opinions to the six Member States, which have now 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.
Noise: Commission calls on PORTUGAL to transpose new rules on noise assessment
The Commission is calling on Portugal (INFR(2022)0161 & INFR(2022)0165) to bring its national legislation fully in line with two Commission Directives which modified relevant annexes of the Noise Directive (Directive 2002/49/EC). The European Green Deal sets a zero pollution ambition, including addressing noise pollution, which benefits public health, the environment and climate neutrality.The first case concerns a change to the annex on dose-effect relations, describing the impact on human health of the exposure to certain levels of noise. The second case concerns a change in about the annex on common noise assessment methods, which are used to generate information on environmental noise levels to which the citizens are exposed. The information is to be used for noise mapping and adoption of action plans based upon noise mapping results. The deadline for transposition of both Commission Directives was December 2021. The Commission sent letters of formal notice to Portugal in January 2022. However, to date, Portugal has not transposed the new rules. Therefore, the Commission has decided to issue, for each of the two cases, reasoned opinions to Portugal, which has now 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.
Air quality: Commission calls on POLAND to remove barriers to access to justice
The Commission is calling on Poland (INFR(2020)2105) to remove barriers to access to justice in relation to air quality plans under the Ambient Air Quality Directive (Directive 2008/50/EC). Full implementation of the Ambient Air Quality Directive is key to effectively protect human health and safeguard the natural environment. When the limit values set by EU legislation are exceeded, the Directive requires Member States to adopt air quality plans and set appropriate measures to keep exceedance periods as short as possible. Poland has not ensured that environmental organisations or natural or legal persons are allowed to bring an action before the national courts against the absence of or insufficiency of air quality plans. The Commission sent a letter of formal notice to Poland in May 2020. Environmental organisations and natural or legal persons in Poland are still not allowed to challenge the content of an air quality plan and to require public authorities to establish air quality plans as the Directive requires. Therefore, the Commission has decided to issue a reasoned opinion to Poland, which has now 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.
Additional reasoned opinion
Nature: Commission calls on IRELAND to halt peat-cutting activities in Natura 2000 sites and to restore these sites
The Commission is calling on Ireland (INFR(2010)2161) to take action to halt the continued cutting of peat within Special Areas of Conservation (SACs) designated to conserve raised bogs and blanket bogs under the Habitats Directive (Directive 1992/43/EEC). The European Green Deal and the Biodiversity Strategy for 2030 aim for the EU to halt biodiversity loss by protecting and restoring biodiversity. In addition to their biodiversity value, peat bogs are vital carbon sinks when healthy. Their protection and restoration assist Ireland in meeting its climate change goals not only in keeping the peat in the ground, but also by avoiding the very high carbon and other air pollution emissions which are caused when peat is burnt as a fuel. The Irish authorities have taken action to stop cutting, including by compensating peat and turf cutters. However, cutting activities are still ongoing and enforcement action appears to have stalled. Restoration activities have begun on some raised bogs SACs, but this is too slow given the importance of this priority habitat and its precarious state. With regard to blanket bogs SACs, there appears to be no regime controlling ongoing cutting with the cutting for domestic use exempt from control. The Commission sent a letter of formal notice in January 2011 followed by a reasoned opinion in June 2011. After a long dialogue with the Irish authorities, for the reasons mentioned above, the Commission has decided to issue an additional reasoned opinion to Ireland, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer Ireland to the Court of Justice of the European Union.
Fisheries
Reasoned opinion
Fisheries Control Regulation: Commission calls on FRANCE to comply with fisheries’ control rules
The Commission is calling on France (INFR(2020)2282) to comply with the Fisheries Control Regulation (Regulation (EC) No 1224/2009) in particular as regards the French fleet operating outside EU waters. The control of EU fishing activities in these waters must be based on the same principles and standards as those applicable in EU waters. In order to successfully achieve the sustainability objectives of the Common Fisheries Policy, the Control Regulation requires Member States to put in place effective control and enforcement systems. France has failed to ensure adequate control, inspection and enforcement activities of parts of its fishing fleet. In particular, the French system for collecting, validating and compiling catch data has serious shortcomings. The lack of proper control and enforcement may have an impact on the effectiveness of the relevant fisheries management measures. Therefore, the Commission has decided to issue a reasoned opinion to France, which now has two months to respond and 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; Federica Miccoli – Tel.: +32 229 58300)
Letters of formal notice
Internal Market: Commission calls on POLAND to comply with EU rules on the free movement of goods
Today, the Commission decided to launch an infringement procedure against Poland ( INFR(2022)2098) for not complying with EU rules on the free movement of goods with regard to the parallel import of medicines. In particular, some provisions of the Polish Law on medicinal products related to the grant and the expiry of a parallel import licence do not comply with Articles 34 and 36 TFEU. Ensuring the proper functioning of the Single Market is of particular importance and effective enforcement of the fundamental freedoms is essential for citizens and businesses. Parallel trade in medicines within the EU allows wholesalers to buy medicinal products in a Member State where the prices are lower and sell it in another Member States where the prices are higher. In Poland, the issuing of parallel import licences for a generic medicinal product is prohibited when the medicinal product previously authorised is a non –generic medicinal product. The issuing of these licenses is allowed only when both – the imported product and its authorised equivalent – are either both generic or both non-generic. This prohibition seems to be unjustified and disproportionate and thus contrary to Articles 34 and 36 TFEU. Likewise, the Commission considers that the automatic expiration of a parallel import licence for a medicinal product after one year from the expiry of the marketing authorisation of reference, without carrying out an examination whether there is any risk to the health and life of humans, is also contrary to Articles 34 and 36 TFEU. Poland has now two months to address the concerns raised by the Commission. Otherwise, the Commission may decide to issue a reasoned opinion.
Recognition of professional qualifications: Commission asks Greece to comply with EU rules
Today, the Commission has decided to open an infringement procedure against Greece (INFR(2022)4078) for non-compliance of national rules with the EU legislation on the recognition of professional qualifications. These EU rules have contributed to the creation of a modern system for the recognition of professional qualifications and experience across the EU. They make it easier for professionals to provide their services in different Member States, whilst guaranteeing an improved level of protection for consumers and citizens. In particular, the Commission considers that Greek rules fail to comply with Directive 2005/36/EC as amended by Directive 2013/55/EU and with Articles 45 TFUE. Under Greek law, professionals qualified as school directors and other education managers in other Member States must obtain an academic, instead of a professional recognition of their qualifications in order to be able to work in Greece. This is contrary to the provisions of Directive 2005/36/EC, which foresees that a professional qualifications recognition procedure must be applied in this situation. As the academic recognition procedure is more burdensome than the professional recognition procedure of the directive, this also results in making access to the Greek labour market more difficult for those EU professionals. Greece now has two months to respond to the arguments put forward by the Commission. Otherwise, the Commission may decide to send Greece a reasoned opinion.
Referrals to the Court of Justice
Internal Market for services: Commission refers Belgium to the Court of Justice of the European Union for not transposing EU rules on the proportionality of new regulations of professions.
Today, the Commission decided to refer Belgium (INFR(2020)0385) to the Court of Justice of the European Union, with a proposal to impose financial sanctions, over the failure to transpose the Directive on a proportionality test for assessing new regulations of professions before their adoption (Directive 2018/958/EU). The legislation requires Member States, and their regions and communities with a competence in this area, to make sure that any new requirements for professions are necessary and balanced, and therefore avoid creating disproportionate barriers in the Single Market. The Directive on the proportionality test is a powerful tool for facilitating access to and exercise of regulated activities by professionals across the EU. Regulated professions represent about 22% of the European labour force, with about 50 million people employed in such professions. However, access to such professions can be restricted to those holding specific qualifications or a specific protected title, like lawyers or pharmacists. In addition, there are often requirements on how such professions can be exercised, such as who can hold company shares or how these services can be advertised. Member States had to transpose this Directive and communicate the national transposition measures to the Commission by 30 July 2020. In the absence of adoption of the relevant national rules, the Commission sent a letter of formal notice to Belgium in October 2020, followed by a reasoned opinion on 12 November 2021. To date, Belgium has failed to fully transpose and communicate the measures implementing the Directive. A press release is available here.
3. Migration, Home Affairs and Security Union
(For more information: Anitta Hipper – Tel.: +32 229 85691; Laura Bérard – Tel.: +32 229 55721; Fiorella Belciu – Tel.: +32 229 93734; Yuliya Matsyk — Tél.: +32 229 13173)
Letters of formal notice
Return standards and procedures: Commission calls BELGIUM, GERMANY, GREECE and SPAIN to comply with the Return Directive
The Commission has decided to open an infringement procedure by sending a letter of formal notice to Belgium (INFR(2016)2136) and an additional letter of formal notice to Germany (INFR(2014)2192), Greece(INFR(2014)2231) and Spain (INFR(2014)2261) for failing to comply with the EU rules on returns of the illegally staying third-country nationals (Directive 2008/115/EC). Ensuring the full respect of the Return Directive is an important prerequisite for the establishment of a common EU system on returns as set out in the Pact on Migration and Asylum. The Directive establishes a common set of rules for the return of third-country nationals who do not fulfil the conditions for entry, stay or residence in a Member State, while encouraging the voluntary return of illegal immigrants. The Commission considers that Belgium, Germany, Greece and Spain have incorrectly transposed certain provisions of the Directive and they have now have two months to respond to the arguments raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion to the Member States concerned.
European travel document for return: Commission calls ITALY and MALTA to comply with the Regulation on the establishment of a European travel document for return
The Commission has decided to send a letter of formal notice to Italy(INFR(2022)2006) and Malta (INFR(2022)2007) requesting the correct transposition of the EU rules on the establishment of a European travel document for the return of illegally staying third-country nationals (Regulation (EU) 2016/1953) into their national law. This Regulation aims to establish a uniform European travel document for return, in terms of formatting, security features and technical specifications. The effective use of the European travel document for return facilitates the process of returns in the context of readmission agreements or other arrangements concluded by the Union or by the Member States with third countries, as well as reduces the administrative burden on Member States and third countries. Italy and Malta have failed to establish and to forward a specimen of this document. The Commission has therefore decided to send a letter of formal notice to Italy and Malta, which now have two months to respond and take the necessary measures. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Reasoned opinions
Fight against serious crimes: Commission urges CROATIA, FINLAND and IRELAND to communicate all measures necessary to transpose the directive on EU rules facilitating access to financial information to combat criminal offences
The Commission sent a reasoned opinion to Croatia (INFR(2021)0431), Finland (INFR(2021)0421) and Ireland (INFR(2021)0441) for failure to communicate to the Commission its national measures to transpose EU rules facilitating the use of financial and other information for the fight against certain criminal offences (Directive (EU) 2019/1153). The Directive aims at combatting money laundering, terrorist financing, and other serious offences, by providing easier access to bank account information by designated law enforcement authorities, including Asset Recovery Offices, and by facilitating better cooperation between law enforcement authorities and Financial Intelligence Units. It also facilitates the exchange of information with Europol, the European Union Agency for Law Enforcement Cooperation. Member States agreed to transpose this Directive and communicate national transposition measures to the Commission by 1 August 2021. Since Croatia, Finland and Ireland had missed the initial deadline, the Commission sent all three Member States a letter of formal notice in September 2021. The Member States concerned provided their replies in November 2021. To date, Croatia, Finland and Ireland have not notified any transposition measures to the Commission. These Member States have now two months to comply with the transposition obligation and notify the Commission. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union.
4. Justice
(For more information: Christian Wigand – Tel.: +32 229 62253; Katarzyna Kolanko – Tel.:+32 229 63444; Cristina Torres Castillo – Tel.: +32 229 90679)
Reasoned opinions
Protection of whistleblowers: European Commission takes next step in infringement procedure against BELGIUM, AUSTRIA, ROMANIA and SLOVENIA
Today, the European Commission has decided to send a reasoned opinion in the infringement procedures against Belgium (INFR(2022)0011), Austria (INFR(2022)0004), Romania (INFR(2022)0167), and Slovenia (INFR(2022)0181) for failing to fully transpose the ‘Whistleblower Protection Directive’ (Directive 2019/1937). The deadline for Member States to transpose the Directive was 17 December 2021. In January 2022, the Commission sent letters of formal notice to 24 Member States for failing to transpose and communicate the transposition measures to the Commission within the deadline. In July 2022, the Commission sent reasoned opinions to 15 Member States which had not yet communicated full transposition. Today, the Commission decided to send reasoned opinions also to these four Member States, which have not yet fully notified transposition measures, and now have two months to reply. If their replies are not satisfactory, the Commission may decide to refer these cases to the Court of Justice of the European Union.
Consumer Protection: Commission sends reasoned opinions to seven Member States for lack of transposition of the Consumer Modernisation Directive
Today, the European Commission has decided to take further steps in the infringement procedures against Ireland (INFR(2022)0099), Italy (INFR(2022)0107), Luxembourg (INFR(2022)0120), Malta(INFR(2022)0135), Poland (INFR(2022)0151), Slovenia(INFR(2022)0182), and Slovakia (INFR(2022)0189) for failing to transpose Directive (EU) 2019/2161 for the better enforcement and modernisation of EU consumer protection rules. The Consumer Modernisation Directive amends four Directives: the Unfair Commercial Practices Directive, the Consumer Rights Directive, the Unfair Contract Terms Directive, and the Price Indication Directive. Member States had to transpose the Directive into their national law by 28 November 2021. In January 2022, the Commission sent letters of formal notice for late transposition to 22 Member States. Today, the Commission is taking the next step in the infringement procedure against these seven Member States, which have not yet notified transposition measures. These Member States now have two months to respond to the Commission’s reasoned opinion. If the replies are not satisfactory, the Commission may decide to refer their cases to the Court of Justice of the European Union.
Rights to information in criminal proceedings: Commission takes next step in infringement procedure against IRELAND and PORTUGAL
Today, the European Commission has decided to take the next step in the infringement procedures against Ireland (INFR(2021)2099) and Portugal (INFR(2021)2101) for failing to correctly transpose the Directive on the right to information in criminal proceedings (Directive 2012/13/EU). The Directive is one of six directives adopted by the EU to create common minimum standards, ensuring that fair trial rights of suspects and accused persons are sufficiently protected across the EU. In September 2021, the Commission sent letters of formal notice to Ireland and Portugal, urging them to take the necessary measures to address the shortcomings identified by the Commission with regards to the transposition of the right to information about certain rights, as well as the Letter of Rights and the Letter of Rights in European Arrest Warrant proceedings for Portugal. Ireland and Portugal’s replies did not sufficiently address the Commission’s concerns. Therefore, the Commission has decided today to send a reasoned opinion. The two Member States now have two months to reply to the Commission’s reasoned opinions. If the replies are not satisfactory, the Commission may decide to refer these cases to the Court of Justice of the European Union.
Procedural rights in criminal proceedings: Commission sends reasoned opinions to ESTONIA, POLAND and FINLAND for incomplete transposition of the EU rules on the presumption of innocence
Today, the European Commission has decided to take further steps in the infringement procedures against Estonia (INFR(2020)2348), Poland (INFR(2020)2351) and Finland (INFR(2020)2350), for failing to fully transpose the Directive on strengthening the presumption of innocence and the right to be present at the trial in criminal proceedings. At the same time, the Directive is one of six Directives adopted by the EU to create common minimum standards ensuring that the fair trial rights of suspects and accused persons are sufficiently protected across the EU. The Commission considers that the transposing measures notified by Estonia, Poland and Finland are only a partial transposition of Directive (EU) 2016/343. In particular, the Commission has identified shortcomings in relation to premature public references to guilt and the availability of appropriate remedial measures. In February 2022, the Commission sent a letter of formal notice to the three Member States. As the replies did not sufficiently address the Commission’s concerns, the Commission decided today to send reasoned opinions. Estonia, Poland and Finland now have two months to reply. If the concerns are not addressed, the Commission may decide to refer their cases to the Court of Justice of the European Union.
EU Contract Law: Commission calls on POLAND, SLOVENIA and SLOVAKIA to fully transpose the Sale of Goods Directive and Digital Content Directive
Today, the European Commission has decided to send a reasoned opinion to Poland (INFR(2021)0479–0480), Slovenia(INFR(2021)0503–0504) and Slovakia (INFR(2021)0510–0511) for failing to fully transpose the Sale of Goods Directive (Directive (EU) 2019/771) and the Digital Content Directive (Directive (EU) 2019/770). The deadline for Member States to transpose both Directives was 1 July 2021. In September 2021, the Commission sent letters of formal notice to 20 Member States urging them to transpose the Directives. As Poland, Slovenia and Slovakia’s replies did not sufficiently address the Commission’s concerns, the Commission decided today to send reasoned opinions. The three Member States now have two months to reply. If the reply is not satisfactory, the Commission may decide to refer this case to the Court of Justice of the European Union.
Referrals to the Court of Justice
Investor Citizenship scheme: Commission refers MALTA to the European Court of Justice
Today, the European Commission has decided to refer Malta(INFR(2020)2301) to the European Court of Justice for its investor citizenship scheme, also referred to as ‘golden passports’. The Commission considers that the systematic granting of nationality, and thereby EU citizenship, in return for pre-determined payments or investments without any genuine link to the Member State concerned undermines the status of EU citizenship as laid down in the Treaties (Art 20 TFEU) and is incompatible with the principle of sincere cooperation (Article 4(3) TEU). Following Russia’s war against Ukraine, Malta suspended the scheme for Russian and Belarusian nationals. While this was a positive step, Malta continues to operate the scheme for all other nationalities and has not expressed any intention to end it. As Malta’s reply to the Commission’s reasoned opinion did not satisfactorily address these concerns, the Commission decided today to refer Malta to the European Court of Justice. More information is available in the press release.
5. Energy and Climate
(For more information: Tim McPhie – Tel.: +32 229 58602; Giulia Bedini – Tel. +32 229 58661, Ana Crespo Parrondo – Tel.: +32 2 298 13 25)
Letters of formal notice
Governance of the Energy Union and Climate Action: Commission urges BULGARIA, IRELAND, POLAND and ROMANIA to notify their long-term strategies
The Commission decided today to send letters of formal notice to Bulgaria (INFR(2022)2086), Ireland (INFR(2022)2088), Poland (INFR(2022)2089) and Romania (INFR(2022)2090) for failing to notify their national long-term strategies under Regulation (EU) 2018/1999 on the Governance of the Energy Union and Climate Action. Stable long-term strategies are crucial to help achieve the economic transformation needed and broader sustainable development goals, as well as move towards the long-term climate goals set by the Paris Agreement. At EU level, the Union finalised its long-term strategy in 2019 with the bottom goal of making Europe the first climate-neutral continent by 2050. In the European Climate Law, the EU set out that climate neutrality objective in legislation and the clear intermediate target of reducing net greenhouse gas emissions by at least 55% by 2030, compared to 1990 levels. The Governance Regulation sets out a process for the Member States to prepare, by 1 January 2020, their first long-term strategies with a perspective of at least 30 years, and new strategies every 10 years thereafter. To date, Bulgaria, Ireland, Poland and Romania have yet not submitted their national long-term strategies to the Commission. The Member States concerned now have two months to reply and share their strategies with the Commission. Otherwise, in the absence of a satisfactory response, the Commission may decide to send a reasoned opinion.
Security of electricity supply: Commission calls on AUSTRIA to submit its electricity risk-preparedness plan
The Commission decided today to send a letter of formal notice to Austria (INFR(2022)2105) requesting to submit its electricity risk preparedness plan pursuant to Regulation (EU) 2019/941 on risk-preparedness in the electricity sector. This Regulation aims to prevent, prepare for and manage electricity crises in a spirit of solidarity and transparency among Member States, while ensuring a competitive internal market for electricity. It requires Member States to notify certain information to the Commission, including an electricity risk-preparedness plan with measures to anticipate and address electricity crises. Austria has failed to notify its risk-preparedness plan and now has two months to reply and share its plan with the Commission. Otherwise, in the absence of a satisfactory response, the Commission may decide to send a reasoned opinion.
Internal energy market: Commission calls on DENMARK and FRANCE to fully transpose EU rules on the internal electricity market
The Commission decided today to send letters of formal notice to Denmark (INFR(2022)2102) and France (INFR(2022)2103) for having only partially communicated national measures transposing EU rules for the internal electricity market, as set out in Directive (EU) 2019/944, amending Directive 2012/27/EU. This Directive sets key rules on the organisation and functioning of the EU electricity sector with a view to create truly integrated, competitive, consumer-centred, flexible, fair and transparent markets across the Union. The deadline to transpose the Directive was 31 December 2020. Following today’s letters of formal notice, Denmark and France now have two months to notify the Commission of their transposition measures. Otherwise, in the absence of a satisfactory response, the Commission may decide to send a reasoned opinion.
Basic safety standards: Commission calls on BULGARIA to comply with EU radiation protection legislation
The Commission decided today to send a letter of formal notice to Bulgaria (INFR(2022)2104) requesting the correct transposition of the revised Basic Safety Standards Directive (Council Directive 2013/59/Euratom) into its national legislation. Member States were required to transpose the Directive by 6 February 2018. However, the Commission considers that Bulgaria has still not correctly transposed certain requirements of the law. The Directive modernises and consolidates EU radiation protection legislation, and 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. Bulgaria now has two months to address the shortcomings identified by the Commission. Otherwise, the Commission may decide to send a reasoned opinion.
Reasoned opinions
Renewable energy: Commission urges DENMARK and FRANCE to fully transpose the Renewable Energy Directive
The Commission decided today to send reasoned opinions to Denmark(INFR(2021)0195) and France (INFR(2021)0238) 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 is 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. Furthermore, it strengthens criteria to ensure the sustainability of bioenergy. 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 these Member States. To date, Denmark and France have only partially transposed the Directive. They now have two months to comply with the transposition obligation and respond to 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 BELGIUM, GERMANY and AUSTRIA to fully transpose the Energy Performance of Buildings Directive
The Commission decided today to issue reasoned opinions to Belgium(INFR(2020)0135), Germany (INFR(2020)0164) and Austria(INFR(2020)0127) for failing to ensure full transposition into national law of Directive (EU) 2018/844 which amended Directive 2010/31/EU on the energy performance of buildings. The Directive introduced new elements to strengthen the existing framework, such as minimum energy performance requirements for new buildings, electro-mobility and recharging points, and new rules on the inspection of heating and air-conditioning systems. The deadline to transpose the Directive into national law expired on 10 March 2020. In May 2020, a letter of formal notice was sent to these Member States after they failed to declare full transposition of the Directive. Having examined the national transposition measures notified, the Commission considers that Belgium, Germany and Austria have still not fully transposed the Directive. They now have two months to comply with the transposition obligation and notify the Commission. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union.
Energy efficiency: Commission urges AUSTRIA and SLOVENIA to fully transpose of the Energy Efficiency Directive
The Commission decided today to send reasoned opinions to Austria(INFR(2020)0498) and Slovenia (INFR(2020)0561) for failing to ensure full transposition of the revised Energy Efficiency Directive (Directive (EU) 2018/2002. This Directive seeks to establish a common framework of measures to promote energy efficiency, and sets a binding EU energy efficiency target for 2030 of at least 32,5%. Member States were required to transpose the Directive by 25 October 2020. Both Austria and Slovenia, having not declared full transposition of the revised Energy Efficiency Directive by the deadline, received a letter of formal notice in November 2020. After examination of the national transposition measures, the Commission considers that the transposition is still not complete. The two Member States now have two months to reply. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union.
Radioactive waste: Commission urges AUSTRIA to adopt a national programme for radioactive waste management in line with EU rules
The Commission decided to send a reasoned opinion to Austria(INFR(2020)2265) for adopting a national programme for radioactive waste management, which is not entirely compliant with the Spent Fuel and Radioactive Waste Directive (Council Directive 2011/70/Euratom). Radioactive waste is generated from the production of electricity in nuclear power plants, but also from the non-power-related use of radioactive materials for medical, research, industrial and agricultural purposes. This means that all Member States generate radioactive waste. The Directive establishes a framework requiring the responsible and safe management of spent fuel and radioactive waste to ensure a high level of safety and avoid imposing undue burdens on future generations. In particular, it requires Member States to draw up and implement national programmes for the management of all spent fuel and radioactive waste generated on their territory, from generation to disposal. The aim is to protect workers and the public from the dangers arising from ionising radiation. The national programme notified by Austria was found to be non-compliant with certain requirements of the Directive. Austria has two months to address the shortcomings identified by the Commission. In the absence of a satisfactory response, the Commission may decide to refer the case to the Court of Justice of the European Union.
Referrals to the Court of Justice
Basic safety standards: Commission decides to refer LATVIA to the Court of Justice of the European Union for failing to fully transpose EU radiation protection legislation The Commission decided today to refer Latvia (INFR(2020)2078) to the Court of Justice of the European Union due to its failure to fully transpose the revised Basic Safety Standards Directive (Council Directive 2013/59/Euratom). In December 2021, the Commission sent a reasoned opinion to Latvia requesting it to notify to the Commission all transposition measures for the Directive. Since then, Latvia notified additional transposition measures, but has not yet addressed all the provisions of the Directive. Therefore, the Commission is referring Latvia to the Court of Justice of the European Union. A press release is available here.
6. Taxation and Customs Union
(For more information: Daniel Ferrie – Tel.: +32 229 86500; Francesca Dalboni – Tel.: +32 229 88170)
Letter of formal notice
The Commission requests GERMANY to bring its rules on calculating allowances for cross-border workers in line with EU law to avoid discrimination
Today, the Commission decided to send a letter of formal notice to Germany (INFR(2022)4077), in relation to the calculation method of work and sickness allowances and unemployment benefits, which appears to disadvantage workers employed in Germany but resident in a neighbouring country. Under German law, several allowances, e.g. short-time work allowance (Kurzarbeitergeld), unemployment benefit (Arbeitslosengeld) and sickness allowance (Krankengeld), are calculated on a net income basis. This means that their amount is reduced by a notional German income tax, while such allowances are tax exempt in Germany. However, some bilateral conventions on the prevention of double taxation between Germany and its neighbours attribute the taxing rights over such allowances exclusively to the neighbouring Member States where those workers reside. In those cases, the net wage calculation method results in less favourable treatment of frontier workers working in Germany, but residing in other Member States in comparison to German resident workers. Unlike their German resident colleagues, non-resident cross-border workers are liable to pay tax on the allowances calculated on net wage basis in their home countries, without being able to claim any credit for their notional taxation undergone in Germany. Such an approach falls foul of vested case law of the Court of Justice of the European Union on rules for calculating allowances due to its discriminatory character for cross-border workers (C172/11, Erny). The Commission therefore considers that the German “net-income” calculation method for several allowances has an adverse effect on cross-border workers exercising the freedoms conferred upon them in Article 45 TFEU and in Regulation (EU) No 492/2011 on freedom of movement for workers within the Union. Germany now has two months to address the concerns raised by the Commission. Otherwise, the Commission may decide to send a reasoned opinion.
Reasoned opinion
Commission urges BELGIUM and LUXEMBURG to transpose new rules on excise duties
Today, the Commission decided to send reasoned opinions to Belgium(INFR(2022)0013) and Luxemburg (INFR(2022)0121), for failing to notify the measures for the transposition into national law of Directive (EU) 2020/262 laying down the general arrangements for excise duty (recast). This Directive, which repeals and replaces Directive 2008/118/EC, sets out common provisions applicable to all products subject to excise duties. It lays down a series of new rules, which will be applicable from 13 February 2023. Member States were required to transpose this Directive by 31 December 2021. In January 2022, the Commission sent letters of formal notice to sixteen Member States, including Belgium and Luxemburg, on the matter. To date, Belgium and Luxemburg notified no transposition measures to the Commission. These Member States have now two months to comply with the transposition obligation and notify the Commission. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union.
Closures
Commission closes infringement procedure against SPAIN following the lifting of disproportionate sanctions for the failure by taxpayers to report assets held in the EU and EEA Member States (“Modelo 720”)
The Commission decided today to close the infringement procedure against Spain (INFR(2014)4330) for imposing disproportionate penalties on Spanish taxpayers for a failure to submit their declaration on assets held abroad by way of an online form called “Modelo 720”. The Commission had referred the case to the Court of Justice of the European Union on the basis that Spain did not amend the special penalty regime following its reasoned opinion of 17 February 2017. The Court upheld the Commission’s opinion in its ruling of 27 January 2022. Subsequently, Spain has decided to eliminate the special rules on penalties which were assessed as being disproportionate; the failure to meet with the information obligation is now sanctioned according to the general rules applicable to reporting obligations. In consequence, the breaches of EU law are solved and the infringement procedure is closed.
Commission closes infringement procedures against CZECHIA, SPAIN and CYPRUS following the communication of national transposition measures related to key Directives on rules against tax avoidance practices and on the tax dispute resolution mechanism in the European Union
The Commission decided today to close the infringement procedures against Czechia (INFR/2021/2051), Spain (INFR/2019/0198; INFR/2019/0040 and Cyprus INFR/2019/0168; INFR/2021/2094) for failure to communicate the national measures that would have transposed Council Directive (EU) 2017/1852 on tax dispute resolution mechanism in the European Union (DRM); as well as of national measures transposing Council Directive (EU) 2016/1164 and Council Directive (EU) 2017/952 of 12 July 2016 and 29 May 2017, respectively, laying down rules against tax avoidance practices that directly affect the functioning of the internal market (ATAD1) and hybrid mismatches with third countries. The decision follows a complete notification of the respective national transposing measures by the relevant Member States.
7. Mobility and Transport
(For more information: (For more information: Adalbert Jahnz – Tel.: +32 229 53156, Anna Wartberger – Tel.: +32 229 82054)
Letters of formal notice
Road transport: Commission calls on FINLAND, GERMANY and ITALY to transpose EU rules on electronic tolling
The Commission is calling on Finland (INFR(2022)2108), Germany(INFR(2022)2107) and Italy (INFR(2022)2109) to fully 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 with a single subscription contract, single service provider and single on-board unit that could cover all Member States. The Directive has two objectives: to ensure interoperability between electronic road toll systems, and to facilitate the cross-border exchange of information when road fees are not paid. The transposition deadline for this Directive was 19 October 2021. Following its assessment, the Commission concluded that the rules have not been completely transposed in the three Member States concerned. The Commission is therefore sending letters of formal notice to Finland, Germany and Italy, which now have two months to respond to the letter and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Port workers: Commission calls on MALTA to correctly apply EU law
The Commission is calling on Malta (INFR(2022)4020) to correctly apply EU law as regards its port workers regime. The Maltese port workers regime consists of a quota and authorisation scheme for all port workers and, within that system, a preferential scheme for family members of incumbent port workers. The Commission has concerns that the legal and regulatory framework for port labour in Malta does not comply with Articles 45, 49 and 56 of the Treaty on the Functioning of the EU on the free movement of workers, freedom of establishment, and freedom to provide services. The Commission is therefore sending a letter of formal notice to Malta, which now has two months to respond to the letter and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Reasoned opinions
Road transport: Commission calls on SLOVENIA to accept European Electronic Toll Service providers in its market
The Commission today decided to send a reasoned opinion to Slovenia (INFR(2020)2357) for failing to fulfil its obligations under Directive 2004/52/EC and Decision 2009/750/EC related to the acceptance of European Electronic Toll Service (EETS) providers for Slovenian toll domains. European rules apply to the entry into the market of electronic tolling providers and play a key role in the creation of a common market for EETS services in Europe, as well as interoperability for users. Contractual negotiations between the toll chargers and the service providers must be concluded in order to ensure fair and non-discriminatory access to the tolling market for the EETS providers. Slovenia now has two months to address the concerns raised in the reasoned opinion, otherwise the Commission may refer Slovenia to the Court of Justice of the European Union.
Road transport: Commission calls on LUXEMBOURG and SLOVAKIA to transpose EU rules on electronic tolling
The Commission today decided to send reasoned opinions to Luxembourg (INFR(2021)0534) and Slovakia (INFR(2021)0544), for failing to transpose all 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 with a single subscription contract, single service provider and single on-board unit that could cover all Member States. The Directive has two objectives: to ensure interoperability between electronic road toll systems and to facilitate the cross-border exchange of information when road fees are not paid. The transposition deadline for this Directive was 19 October 2021. The Commission sent letters of formal notice on the matter to Luxembourg and Slovakia in November 2021 and it considers that EU rules have still not been fully transposed in both Member States. The Commission is therefore issuing reasoned opinions to both Member States. Without a satisfactory response from them within two months, the Commission may decide to refer the matter to the Court of Justice of the European Union.
Road transport: Commission urges CROATIA, ITALY, CYPRUS, LUXEMBOURG, MALTA, the NETHERLANDS, PORTUGAL and SLOVENIA to communicate measures for implementing rules on posting of drivers
The Commission has today sent reasoned opinions to Croatia(INFR(2022)0222), Italy (INFR(2022)0231), Cyprus (INFR(2022)0198), Luxembourg (INFR(2022)0235), Malta (INFR(2022)0240), the Netherlands (INFR(2022)0243), Portugal (INFR(2022)0251) and Slovenia (INFR(2022)0260) for failing to communicate to the Commission the national measures taken to transpose Directive (EU) 2020/1057 on the posting of road transport drivers. These rules ensure that posted drivers receive the remuneration of the host Member State for the period during which they are posted. They also provide for a closed list of administrative requirements for companies posting drivers to another Member State, and harmonise inspection measures across the EU. The deadline for communicating the national measures transposing the Directive was 2 February 2022. The Commission has decided to issue reasoned opinions today to the eight Member States concerned giving them two months to respond and take the necessary measures. In the absence of full communication of all national implementing measures, the Commission may decide to refer the cases to the Court of Justice of the European Union.
Maritime transport: Commission calls on PORTUGAL to comply with EU rules on marine equipment
The Commission today decided to send a reasoned opinion to Portugal(INFR(2020)2007) for failing to comply with the EU rules on marine equipment (Directive 2014/90/EU). The Marine Equipment Directive (MED) harmonises the safety rules for equipment such as life jackets, sewage cleaning systems and radars onboard EU-flagged ships. Portugal is not issuing the required certificates showing equivalence to MED-certified equipment when a ship is transferred to the Portuguese flag. Therefore, the Commission has decided to issue a reasoned opinion to Portugal, 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.
Maritime transport: Commission calls on CZECHIA to fully transpose EU rules on the minimum level of training for seafarers, and on the mutual recognition of seafarers’ certificates issued by other Member States
The Commission decided today to send a reasoned opinion to Czechia(INFR(2021)0391) for failing to fully transpose EU rules on the minimum level of training for seafarers (Directive (EU) 2019/1159). These rules improve the level of knowledge and skills of Union seafarers by developing maritime training and certification in line with the International Maritime Organization’s relevant convention. Member States needed to adopt the measures necessary to transpose the directive by 2 August 2021. Czechia now has two months to reply to the reasoned opinion. Otherwise, the Commission may refer the case to the Court of Justice of the European Union.
Inland navigation: Commission urges CZECHIA, LUXEMBOURG POLAND and PORTUGAL to transpose EU rules on professional qualifications in inland navigation
The Commission today decided to send reasoned opinions to Czechia(INFR(2022)0200), Luxembourg (INFR(2022)0233 and (INFR(2022)0234), Poland (INFR(2022)0245 and INFR(2022)0246) and Portugal (INFR(2022)0249 and (INFR(2022)0250) for failing to communicate to the Commission their national measures transposing Directive (EU) 2017/2397 on the recognition of professional qualifications in inland navigation and of Commission Delegated Directive (EU) 2020/12 supplementing that Directive. Directive (EU) 2017/2397 lays down 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 making sure human life and the environment are protected. 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. Without a satisfactory response from these Member States within two months, the Commission may decide to refer the case to the Court of Justice of the European Union.
Inland navigation: Commission urges CROATIA, CZECHIA, LUXEMBOURG, POLAND, PORTUGAL and SPAIN to transpose EU rules on transitional measures for the recognition of third-country certificates
The Commission today decided to send reasoned opinions to Croatia(INFR(2022)0223), Czechia (INFR(2022)0202), Luxembourg(INFR(2022)0237), Poland (INFR(2022)0248), Portugal(INFR(2022)0253) and Spain (INFR(2022)0216) for failing to notify the Commission of their transposition of 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 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. Having failed to receive the necessary transposition measures, the Commission has decided to issue reasoned opinions to these six Member States, which now have two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the matter 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
Commission calls on GREECE to bring its national legislation regulating the supply of pay satellite radio and television services in line with the free movement of capital and the freedom of establishment.
Today, the Commission sent a letter of formal notice to Greece (INFR (2022)4080) on account of its national legislation regulating the supply of pay satellite radio and television services. The Greek legislation currently prohibits the holder of a license for pay satellite radio and television services and its shareholders, associated persons and affiliates to participate in, or to control, any other radio or television content provider active through terrestrial free or pay radio or TV networks. The Commission considers this to introduce an unjustified restriction to the free movement of capital and the freedom of establishment set out in Articles 63 and 49 TFEU, preventing potential investors from investing in radio or television content providers active through terrestrial free or pay radio or TV networks. Without a satisfactory response by Greece within two months, the Commission may decide to send a reasoned opinion.
Reasoned opinions
Commission urges LATVIA and THE NETHERLANDS to completely transpose laws removing regulatory barriers under the Cross-Border Distribution of Funds Directive
The Commission has today sent a reasoned opinion to Latvia(INFR(2021)0465) and The Netherlands (INFR(2021)0476) for failing to fully transpose Directive 2019/1160/EU, which amends the Directive on coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS Directive 2009/65/EC) and the Directive on Alternative Investment Fund Managers (AIFM Directive 2011/61/EU) with regard to cross-border distribution of collective investment undertakings. The Cross-Border Distribution of Funds Directive aims at removing regulatory barriers to the distribution of the collective investment funds, which is one of the objectives of the Capital Markets Union. These rules aim at increasing transparency and creating a single access to information on national rules related to marketing requirements, regulatory fees and charges levied by national competent authorities. The Directive also allows for simpler exit of the host market (de-notification), and permits management companies to choose more flexible and cheaper ways of communication and provision of administrative services to retail investors in other Member States. As regards Latvia, the Commission considers that it has not yet transposed the principle that the competent authorities of both the home and the host Member State shall have the same rights and obligations under the de-notification process of the AIFM Directive. As regards The Netherlands, the Commission considers that it has not yet transposed the condition that under the de-notification process of the UCITS Directive, the information provided shall clearly describe the consequences for investors if they do not accept the offer to redeem or repurchase their units. Latvia and The Netherlands have two months to reply respectively, and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
9. Competition and state aid
(For more information: Arianna Podesta Tel.: +32 2 298 70 24; Maria Tsoni Tel.: +32 2 299 05 26)
Letters of formal notice
Card Payment Fees: Commission calls on AUSTRIA to ensure the effective implementation of the Interchange Fee Regulation
Today, the Commission decided to open an infringement procedure against Austria (INFR(2022)2097) for failing to adopt measures implementing the Interchange Fee Regulation (‘IFR’). The IFR, which entered into force in 2015, introduced caps on interchange fees for consumer debit and credit cards, and a number of business rules. The interchange fees are paid by a retailer’s bank to the cardholder’s bank when a consumer uses a payment card. Under the IFR, Members States were required to adopt a set of implementing measures and to notify their adoption to the Commission. In particular, Member States were required: (i) to designate national competent authorities to enforce the IFR and to lay down rules on penalties for IFR infringements by 9 June 2016; and (ii) to designate bodies to ensure out-of-court complaint/redress procedures or take equivalent measures for settling disputes between merchants and their payment service providers by 9 June 2017. Austria has failed to notify the adoption of the above implementing measures. As a result, the Commission has decided today to send Austria a letter of formal notice. Austria has now two months to submit its observations. The Commission may then decide to send to Austria a reasoned opinion.
Reasoned opinions
Antitrust: Commission calls on ESTONIA, LUXEMBOURG, POLAND and SLOVENIA to make national competition authorities even more effective enforcers
The Commission is formally requesting Estonia (INFR(2021)0112), Luxembourg (INFR(2021)0122), Poland (INFR(2021)0126) and Slovenia (INFR(2021)0130) to fully implement the ECN+ Directivewhich enables national competition authorities (‘NCAs’) to be even more effective enforcers of EU antitrust rules. The ECN+ Directive further empowers NCAs by providing them with the necessary guarantees of independence, resources and the appropriate fining and enforcement tools, such as investigative and decision-making powers, effective leniency programmes, and mechanisms for mutual investigative assistance. Member States had to adopt and publish the necessary measures to ensure the full transposition of the ECN+ Directive into national law by 4 February 2021. Estonia, Luxembourg, Poland and Slovenia have failed to adopt the national measures necessary to transpose the ECN+ Directive. Therefore, the Commission has decided to issue reasoned opinions today. If no satisfactory replies from the above Member States are received within two months, the Commission may refer them to the Court of Justice of the EU.
