November infringement 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 73 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 the history of a case, you can consult the infringement decisions’ register.
1. Environment and fisheries
(For more information: Adalbert Jahnz – Tel. +32 229 53156, Daniela Stoycheva – Tel.: +32 229 53664)
Environment
Letters of formal notice
Nature: Commission calls on PORTUGAL to take action to reduce by-catch of protected species
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Portugal (INFR(2020)4038) for failing to implement the measures required under the Habitats Directive (Council Directive 92/43/EEC) to avoid by-catches of cetaceans by fishing vessels.
Dolphins and harbour porpoises are strictly protected species according to the Habitats Directive. Portugal has failed to establish a monitoring system of the incidental capture and killing of protected species and to avoid significant impact of by-catch on the common dolphin (Delphinus delphis), the bottlenose dolphin (Tursiops truncatus) and the harbour porpoise (Phocoena phocoena) in the waters under its jurisdiction. In addition, Portugal did not take the necessary steps to avoid significant disturbance of the last two species in several Natura 2000 sites designated for their protection.
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.
Waste: The Commission calls on BULGARIA, CZECHIA, ESTONIA, CYPRUS, AUSTRIA AND ROMANIA to correctly transpose the Waste Framework Directive
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Bulgaria (INFR(2023)2143), Cyprus (INFR(2023)2144), Czechia (INFR(2023)2145), Estonia (INFR(2023)2146),Romania (INFR(2023)2147) and Austria (INFR(2023)2142), to address shortcomings in their transposition of Directive 2008/98/EC on waste (Waste Framework Directive) as amended by Directive (EU) 2018/851/EU.
The amended directive establishes legally binding targets for recycling and preparing for reuse of municipal waste. It also requires Member States to improve their waste management systems and the efficiency of resource use. The deadline for Member States to transpose Directive (EU) 2018/851 into their national legislation expired on 5 July 2020. The Member States in question have not correctly transposed it to date.
Bulgaria’s laws incorrectly transpose provisions on the minimum requirements for extended producer responsibility schemes, the monitoring and evaluation of waste prevention measures and the separate collection of textiles which is to be set up by 1 January 2025.
Cypriot legislation has shortcomings related to documentary evidence that the waste management operations have been carried out.
Czechia presents shortcomings in aspects of the general minimum requirements for extended producer responsibility schemes. It also inadequately transposes rules for separate collection and for hazardous waste produced by households.
As regards Estonia, the requirements concerning prevention of food waste and littering have not been fully transposed, as well as those concerning monitoring and assessing re-use and food waste prevention measures. In addition, several aspects of extended producer responsibility schemes have not been transposed.
The Romanian legislation’s shortcomings are related to the end of waste status, extended producer responsibility, the derogation from the division of financial responsibility and the measures set to prevent waste generation.
Shortcomings in Austria concern the end of waste status, the calculation of the recycling and ‘preparing for reuse’ targets, the ban on the mixing of hazardous waste, and the waste management plan.
The Commission is therefore sending letters 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.
Water: Commission calls on ROMANIA to address deterioration of a water body related to the construction of small hydropower plants
Today, the Commission decided to send an additional letter of formal notice to Romania (INFR(2015)4036) for not implementing correctly the Water Framework Directive (Directive 2000/60/EC) and the Habitats Directive (Council Directive 92/43/EEC) when authorising and constructing small hydropower plants. Both directives focus on ensuring the quality and quantity of water bodies, preventing and tackling pollution and protecting fauna and flora.
In 2015, the Commission sent a letter of formal notice to Romania concerning the authorisation and construction of small hydropower plants projects in alpine watercourses, affecting three Natura 2000 sites and the water bodies involved. Following several meetings with the Commission, the Romanian authorities have undertaken several commitments, such as: i) the monitoring of the projects covered by the infringement procedure, ii) reassessment of the deterioration due to the authorization and construction of the small hydropower plants projects, iii) adoption of a legal framework on the ecological flow and no-go areas, iv) amendment of permits, v) transposition of the revised Environmental Impact Assessment Directive, with a coordinated procedure for assessment of projects under the Water Framework Directive, and vi) adoption of a strategic planning (Energy Strategy).
The Romanian authorities have partially delivered on their commitments, but failed to amend permits and implement the measures identified to address deterioration in one of the water bodies identified before. Meanwhile, the recently adopted 3rd River Basin Management Plan shows the deterioration of the water body concerned (Argeș izvor-intrare acumulare Vidraru și afluenții). In addition, the evidence available from the studies and monitoring carried out confirm that some Micro Hydro Power Plants were authorised without any appropriate assessment required by the Habitats Directive. Considering the deterioration, it is necessary to remediate the situation as soon as possible.
To adapt the scope of the case, the Commission is sending an additional letter of formal notice to Romania, 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.
Clean air: Commission calls on POLAND to comply with the Court of Justice of the European Union ruling on air quality on PM10
Today, the Commission decided to send an additional letter of formal notice to Poland (INFR(2008)2199) for failure to implement the Court judgment of 22 February 2018 (C-336/16) on non-compliance with the Ambient Air Quality Directive 2008/50/EC with regard to PM10.
The Ambient Air Quality Directive obliges Member States to keep the concentrations of specific pollutants in the air, like particulate matter PM10, below certain limit values. Exposure to high values of PM10 has negative health impacts especially related to respiratory diseases and in particular for children and vulnerable groups. In case these limit values are exceeded, Member States must adopt measures to keep the exceedance period as short as possible.
With its judgment of 22 February 2018 Commission vs Poland,
the Court of Justice of the European Union found that Poland had breached its obligations under the Ambient Air Quality Directive. Since the ruling, Poland has taken some measures, such as the establishment of quality standards for boilers or solid fuels available on the market for individual households. However, the Commission remains concerned by the slow pace of change and the lack of a coordinated approach at national and local levels, in particular regarding the replacing of outdated solid fuel boilers used for heating by individual households. This was identified by Poland as the most relevant source of PM10 pollution. In 2022, 12 air quality zones still recorded exceedance of daily limit values and compliance is not expected before 2026.
To take into account the additional measures taken by Poland, the most up-to-date monitoring data and the recent case-law of the Court, the Commission is sending an additional letter of formal notice to Poland, under Article 260(2) TFEU. Poland has now two months to submit its observations on the issues raised by the Commission. After examining these observations, or if no observations are submitted within the prescribed time-limit, the Commission may refer the case back to the Court of Justice of the European Union as provided for in Article 260(2) TFEU and ask for financial penalties to be imposed on Poland.
Letters of formal notice and Reasoned opinions
Clean Air: Commission calls on BULGARIA, IRELAND, CYPRUS, LATVIA, LITHUANIA, LUXEMBOURG, HUNGARY, AUSTRIA, POLAND, PORTUGAL, ROMANIA and SWEDEN to comply with EU law in relation to air pollution and to reduce their emissions of several pollutants to cut air pollution
The European Commission decided to send an additional letter of formal notice to three Member States (Luxembourg (INFR(2022)2075), Poland (INFR(2022)2077), and Romania (INFR(2022)2079)) and a reasoned opinion to nine Member States (Bulgaria (INFR(2022)2068), Ireland (INFR(2022)2073), Cyprus (INFR(2022)2069), Latvia (INFR(2022)2076), Lithuania (INFR(2022)2074), Hungary (INFR(2022)2072), Austria (INFR(2022)2067), Portugal (INFR(2022)2078), and Sweden (INFR(2022)2080) for failure to ensure correct implementation of their reduction commitments for several air pollutants as required by Directive 2016/2284 on the reduction of national emissions of certain atmospheric pollutants (‘NEC Directive’).
The NEC Directive sets national emission reduction commitments for five important air pollutants: nitrogen oxides (NOx), non-methane volatile organic compounds (NMVOCs), sulphur dioxide (SO2), ammonia (NH3) and fine particulate matter (PM2.5). These pollutants contribute to poor air quality, leading to significant negative impacts on human health and the environment. The reduction commitments are to be attained by each Member State each year between 2020 and 2029, and more ambitious reductions from 2030 onwards. Member States are also required to establish national air pollution control programmes (NAPCPs) to show how these reduction commitments will be met.
In January 2023, the Commission sent a letter of formal notice to 14 Member States that did not meet their reduction commitments for the year 2020, for one or several pollutants targeted by the NEC Directive. In February 2023, Member States submitted their latest national emission inventory which included emissions for the years 2020 and 2021, accompanied by an informative inventory report.
The Commission has analysed the latest inventories, together with other information reported by the Member States (emission projections for the years 2025 and 2030; updated National Air Pollution Control Programmes or updated Policies and Measures when relevant) and concluded that Bulgaria, Ireland, Cyprus, Latvia, Lithuania, Hungary, Austria, Portugal and Sweden, continued failing to meet their reduction commitments. For Poland and Luxembourg it concluded that they have failed to meet their commitments for pollutants that were not yet included in the letter of formal notice sent in January 2023. Regarding Romania, its first National Air Pollution Control Programme, submitted in 2023, does not include sufficient measures to ensure the required emission reductions.
The Commission is therefore sending additional letters of formal notice to Luxembourg, Poland, and Romania, 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.
Additionally, the Commission has decided to issue a reasoned opinion to Bulgaria, Ireland, Cyprus, Latvia, Lithuania, Hungary, Austria, Portugal and Sweden, which have 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.
Reasoned opinions
Water management: Commission calls on GREECE to finalise review of water plans
Today, the European Commission decided to send a reasoned opinion to Greece (INFR(2022)2191) for failing to finalise the revision of its river basin management plans as required under the Water Framework Directive (Directive 2000/60/EC) and its flood risk management plans as required under the Floods Directive (Directive 2007/60/EC). Both directives require Member States to update and report every six years their management plans on river basins and flood risks, respectively. River Basin Management Plans include a programme of measures which are key to ensure good status of all water bodies, as required by the directive. Flood risk management plans are formed based on maps showing the potential adverse consequences associated with flood scenarios.
Sustainable water management is a core element of the European Green Deal. EU water legislation must be fully implemented to reach the EU’s circular economy, biodiversity, zero pollution and climate change ambitions.
In February 2023, the Commission issued a letter of formal notice calling on Greece to comply with its obligations and to complete the review of its water plans. However, the review, adoption and reporting of its third river basin management plans and second flood risk management plans are late.
The Commission is therefore sending a reasoned opinion to Greece, 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 refer the Member States to the Court of Justice of the European Union.
Nature: Commission calls on ESTONIA to comply with the requirements of the Habitats Directive on environmental assessment of forest logging
Today, the Commission decided to send a reasoned opinion to Estonia (INFR(2021)4029) for failure to correctly apply the Habitats Directive, in particular regarding logging activities in Natura 2000 sites.
Compliance with EU nature legislation is crucial for the preservation and restoration of nature and biodiversity. The Habitats Directive contributes to this aim by requiring that all activities with potentially significant effects on a Natura 2000 site are made subject to an appropriate assessment and are authorised only to the extent that they will not significantly affect the site concerned. This includes forest logging activities.
The Commission has already sent a letter of formal notice to Estonia in June 2021. Although Estonia has taken certain measures to comply with the Directive, logging in Natura 2000 sites is still being authorised without the required prior appropriate assessment.
Therefore, the Commission has decided to send a reasoned opinion to Estonia, which now has two months to respond and take the necessary measures to comply. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Aarhus Convention: Commission calls on AUSTRIA to improve its legislation on public participation in decision-making and access to justice in environmental matters
Today, the European Commission decided to send a reasoned opinion to Austria (INFR(2014)4111) to correctly implement into national legislation all the requirements of the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention). The Commission is committed to strengthening environmental rule of law by ensuring that laws are widely understood, respected and enforced and the benefits of environmental protection are enjoyed by people and benefit the planet. The Aarhus Convention is contributing to strengthening environmental democracy by making sure governments to provide and to maintain the necessary administrative, legal and practical structures to guarantee the rights of access to information, public participation in decision-making and access to justice in environmental matters.
The Commission sent a letter of formal notice to Austria in July 2014, followed by an additional letter of formal notice in June 2021, because the country did not grant Non-Governmental Organisations (NGOs) and individuals legal standing before a court to challenge decisions or omissions adopted in violation of EU environmental law.
Despite some progress, the Austrian legislation still does not ensure the right of the public to a judicial review of all relevant acts or omissions within the scope of EU environmental law. This concerns, in particular, a wide range of administrative acts of a regulatory nature, including ordinances providing for derogations to the rules on the protection of strictly protected species, omissions to carry out an appropriate assessment, application of the Invasive Alien Species Regulation, assessments under the Water Framework Directive, as well as plans and permits under the Waste Framework Directive.
Therefore, the Commission has decided to issue a reasoned opinion to Austria, 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.
Referrals to the Court of Justice
Waste: Commission decides to refer CROATIA to the Court of Justice of the European Union for failure to bring national legislation in line with EU legislation on waste
Today, the European Commission decided to refer Croatia (INFR(2020)0437) to the Court of Justice of the European Union for failure to communicate the measures transposing into national legislation Directive (EU) 2018/852 amending Directive 94/62/EC on packaging and packaging waste. Directive 94/62/EC on packaging and packaging waste aims to protect the environment and ensure good functioning of the internal market. Among other things, it sets packaging recycling targets: by 2025, EU countries will need to recycle 65% of their packaging waste, rising to 70% in 2030. Member States were required to transpose Directive (EU) 2018/852 into national law by 5 July 2020. Croatia did not transpose completely all relevant provisions of this Directive into national legislation.
The Commission sent a letter of formal notice to Croatia in October 2020, followed by a reasoned opinion in June 2021. Croatia replied in July 2021, informing the Commission that the Directive would be transposed by the Waste Management Act and legislative measures (‘Pravilnik’) for packaging and packaging waste. While the Waste Management Act entered into force on 31 July 2021, the necessary legislative measures implementing this Act, has not been adopted or notified to the Commission.
Croatia did not communicate the complete transposition of all relevant provisions of this Directive into its national legislation, nor did it provide sufficiently clear and precise information on measures by which the Member State considers that it has fulfilled the various obligations imposed on it by said Directive. For these reasons the Commission has decided to refer Croatia to the Court of Justice of the European Union. Since the case concerns the failure to communicate transposition measures of a directive, the Commission will ask the Court of Justice of the European Union to impose financial sanctions on Croatia, as per Article 260(3).More information is in the press release.
Waste: Commission decides to refer GREECE back to the Court of Justice of the European Union over landfill in Zakynthos
The Commission decided today to refer Greece (INFR(2009)2340) back to the Court of Justice of the European Union for failing to close and rehabilitate a landfill site on the island of Zakynthos, within a Natura 2000 site protected area. The landfill is a threat to public health and the environment and is causing pollution in the local environment. Although the landfill site has not been operational for more than five years, it needs to be closed and rehabilitated to comply with the 2014 Court judgment.
On 17 July 2014, the Court of Justice ruled (C-600/12) that the landfill in question does not comply with the conditions and requirements of EU environmental legislation, and that Greece was continuing to operate a malfunctioning landfill site. The Commission sent a letter of formal notice to the Greek authorities on 28 April 2017 for not complying with the ruling of the Court. Following this final reminder, Greece decided to stop waste disposal operations at the landfill site but has not rehabilitated nor closed the site.
The Commission has decided to refer this case back to the Court of Justice of the European Union under Article 260 (2) TFEU. This second referral to Court may result in financial penalties for the time elapsed from the first judgment until achieving compliance. More information is in the press release.
Water: Commission decides to refer GREECE to the Court of Justice of the European Union for failing to provide updated flood risk and flood hazard maps
Today, the European Commission decided to refer Greece (INFR(2021)2254) to the Court of Justice of the European Union for failing to provide updated flood risk and flood hazard maps as required by Directive 2007/60/EC on the assessment and management of flood risks (‘Floods Directive’). The directive obliges Member States to review, and if necessary, update, flood hazard maps and flood risk maps by 22 December 2019 and to communicate those reviews and updates to the Commission by 22 March 2020.
As the Commission did not receive the required information from Greece, it sent a letter of formal notice to Greece in February 2022, followed by a reasoned opinion in September 2022. To date, Greece has still not complied with its obligations under the Directive as the existing maps have still not been reviewed.
The Commission considers that efforts by the Greek authorities have to date been unsatisfactory and insufficient and is therefore referring Greece to the Court of Justice of the European Union. More information is in the press release.
2. Justice
(For more information: Christian Wigand – Tel.: +32 229 62253; Yuliya Matsyk – Tel.: +32 229 62716; Cristina Torres Castillo – Tel.: +32 229 90679)
Letters of formal notice
The Commission calls on BELGIUM, CZECHIA, GREECE, CROATIA, FRANCE, LATVIA, and FINLAND to fully transpose the EU rules on procedural safeguards for children in criminal proceedings
Today, the European Commission decided to open an infringement procedure by sending a letter of formal notice to Belgium (INFR(2023)2136), France (INFR(2023)2125), and Latvia (INFR(2023)2124) and Finland (INFR(2023)2126); and additional letters of formal notice to Czechia (INFR(2019)0180), Greece (INFR(2019)0191) and Croatia (INFR(2019)0203), for failing to fully transpose into national legislation the Directive on procedural safeguards for children who are suspects or accused persons in criminal proceedings (Directive (EU) 2016/800). Czechia, Greece and Croatia received a previous letter of formal notice in September 2019 for non-communication of measures transposing the Directive but have since notified measures. The additional letters of formal notice relate to remaining gaps in transposition. Directive (EU) 2016/800 is part of the EU’s comprehensive strategy to guarantee common minimum standards for the fair trial rights of suspects and accused persons across the EU. It enshrines key rights for children in criminal proceedings such as the right to an individual assessment, to specific treatment in case of deprivation of liberty and to be accompanied by the holder of parental responsibility during the proceedings.
The Commission considers that these Member States failed to transpose the Directive’s requirements with regard to its scope (Belgium and Latvia), definitions of key concepts (Belgium and Finland), the right to information (Finland, Croatia, Latvia and Belgium), the right to have the holder of parental responsibility informed about the child’s rights (Belgium), assistance of a lawyer (Belgium), the right to an individual assessment (Finland and Belgium), the right to a medical examination (Finland, France, Croatia and Belgium), audio-visual recording of questioning (Belgium), specific treatment in the case of deprivation of liberty (Greece, France and Croatia), the right of the child to be accompanied by the holder of parental responsibility during the proceedings (Belgium), European arrest warrant proceedings (Belgium), training of law enforcement and detention facilities staff who handle cases involving children (Croatia) and the attribution of costs resulting from the application of certain rights enshrined by the Directive (Latvia). All these Member States apart from Finland have failed to fulfil the requirement to include a reference to the Directive in the transposing measures, allowing those concerned to ascertain the scope of their rights and obligations.
Therefore, the Commission has decided to send letters of formal notice to Belgium, France, Latvia and Finland; and additional letters of formal notice to Czechia, Greece and Croatia. Those Member States 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.
The Commission urges CZECHIA, HUNGARY, and AUSTRIA to comply with the requirements of the Framework Decision on the European Arrest Warrant
The European Commission decided to send additional letters of formal notice to Czechia (INFR(2020)2312), Hungary (INFR(2021)2071) and Austria (INFR(2020)2307), for failing to comply with the Framework Decision on the European arrest warrant and the surrender procedures between Member States (Council Framework Decision 2002/584/JHA). The European Arrest Warrant (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 first sent letters of formal notice to Czechia and Austria in December 2020 and to Hungary in June 2021. On analysis of their replies, the Commission concluded that Czechia and Austria failed to correctly transpose the provision on the optional ground for refusal while Hungary had failed to correctly transpose the provisions on the decisions rendered following a trial at which the person did not appear in person and on the situation pending the decision. Czechia, Hungary and Austria now have two months to reply and 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 them a reasoned opinion.
The Commission calls on LATVIA and HUNGARY to correctly transpose the EU rules on the presumption of innocence and the right to be present at trial in criminal proceedings
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Latvia (INFR(2023)2140) and Hungary (INFR(2023)2141), for failing to correctly transpose the Directive on strengthening the presumption of innocence and the right to be present at the trial in criminal proceedings (Directive 2016/343/EU). The Directive is one of six Directives adopted by the European Union to create common minimum standards ensuring that the fair trial rights of suspects and accused persons in criminal proceedings are sufficiently protected across the EU. The Commission considers that certain national transposition measures notified by the two Member States fall short of the requirements of the Directive, in particular those concerning public references to guilt, and the conditions for trials to be held in the absence of the suspect/accused person (both for Hungary and Latvia), as well as those on the presentation of suspects and accused persons through the use of measures of physical restraint, on the burden of proof, on the right to silence and the right not to incriminate oneself (for Latvia). Hungary and Latvia 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.
Reasoned opinions
Consumer protection: The Commission calls on AUSTRIA and ROMANIA to transpose the rules on representative actions to protect consumers
Today, the European Commission decided to send a reasoned opinion to Austria, (INFR(2023)0001) and Romania (INFR(2023)0034), 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 to 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 careful analysis of their responses, the Commission has concluded that Austria and Romania have not provided satisfactory information on the measures transposing the Directive. Austria and Romania 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.
Company law: The Commission calls on BULGARIA, CYPRUS, LUXEMBOURG and PORTUGAL to ensure complete and timely transposition of EU rules on cross border conversions, mergers and divisions of companies
Today, the European Commission decided to send a reasoned opinion to Bulgaria, (INFR(2023)0049), Cyprus (INFR(2023)0051), Luxembourg (INFR(2023)0077) and Portugal (INFR(2023)0092) for failing to transpose the EU rules laid down by Directive (EU) 2019/2121 as regards cross-border conversions, mergers and divisions. The Directive lays down harmonised procedures for companies to merge, divide or move within the Single Market, while providing safeguards against abuse and ensuring that employees’ rights are well protected. All Member States had to transpose the Directive into their national legislation and inform the Commission thereof by 31 January 2023. In March 2023, the Commission sent letters of formal notice to Bulgaria, Cyprus, Luxembourg, and Portugal for not having notified the national measures transposing the Directive. Following their replies, the Commission concluded that Bulgaria, Cyprus, Luxembourg, and Portugal have continued to fail to notify national measures that ensure the transposition of the Directive. These 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.
Procedural rights: Commission calls on ROMANIA, SLOVENIA and SLOVAKIA to transpose the Directive on the right of access to a lawyer and to communicate upon arrest
Today, the European Commission decided to send a reasoned opinion to Romania (INFR(2023)2004), Slovenia (INFR(2023)2010) and Slovakia (INFR(2023)2008) 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 persons subjected to a European Arrest Warrant (EAW), as well as for suspects and accused persons in criminal proceedings. It further ensures that those who are deprived of liberty may inform and communicate with third persons, such as their employer or family members, as well as with consular authorities. Romania failed to correctly transpose exceptions from the right to have a third person informed of deprivation of liberty and the legal conditions under which a suspect or accused person may choose not to exercise the right of access to a lawyer. Both Slovenia and Slovakia provide for exceptions from the right of access to a lawyer, which are not allowed under the Directive. Furthermore, rules of Slovakian law fall short of the requirements of the Directive concerning its scope of application as regards early stages of (police) investigations. In June 2023 the Commission sent a letter of formal notice to these three Member States, urging them to correctly transpose the directive. After examining the replies, the Commission determined that the transposition was still not satisfactory. Romania, Slovenia, and Slovakia now have two months to respond to the concerns raised by the Commission. If their reply is unsatisfactory, the Commission may decide to refer the cases to the Court of Justice of the European Union.
Referrals to the Court of Justice
Victims’ rights: Commission decides to refer BULGARIA to the Court for failing to fully transpose the Victims’ Rights Directive
Today, the European Commission decided to refer Bulgaria (INFR(2016)0023) to the Court of Justice of the European Union for failure to communicate the measures transposing into national legislation Victims’ Rights Directive. The deadline for Member States to transpose the Directive was 16 November 2015.
In January 2016, the Commission sent a letter of formal notice to Bulgaria for failing to transpose and communicate the transposition measures to the Commission within the deadline. In March 2019, the Commission followed up with a reasoned opinion as Bulgaria had not communicated full transposition.
Following numerous exchanges with the Bulgarian authorities since 2019 and taking into account the most recent replies from Bulgaria, the Commission has decided to refer that Member State to the Court of Justice of the European Union, as two provisions of the Victims’ Rights Directive still have not been transposed into Bulgarian legislation. Since the case concerns the failure to communicate transposition measures of a legislative directive, the Commission will ask the Court of Justice of the European Union to impose financial sanctions on Bulgaria. More details are available in the press release.
Procedural rights: Commission decides to refer POLAND to the Court of Justice for failing to fully transpose EU rules on procedural rights
Today, the European Commission decided to refer Poland (INFR(2021)2077) to the Court of Justice of the European Union for failure to communicate the measures transposing into national legislation the Directive on the right of access to a lawyer and to communicate upon arrest (Directive 2013/48/EU).
The deadline for Member States to transpose the Directive was 27 November 2016.
On 15 July 2021, the Commission sent a letter of formal notice to Poland, urging it to fully transpose the Directive, considering that Poland failed to transpose specific measures related to minors. After examining Poland’s reply to the letter of formal notice, the Commission determined that the transposition was still not satisfactory. In February 2023, the Commission decided to send Poland a reasoned opinion. Since Poland’s reply to the reasoned opinion did not provide proof of complete transposition of the directive, the Commission has decided to refer Poland to the Court of Justice of the European Union. As the case concerns the failure of Poland to communicate transposition measures of a legislative directive, the Commission will ask the Court of Justice of the European Union to impose financial sanctions on Poland. More details are available in the press release.
Work-life balance: Commission decides to refer BELGIUM, IRELAND, and SPAIN to the Court of Justice of the European Union for failing to fully transpose EU rules
Today, the European Commission decided to refer Belgium (INFR(2022)0332), Ireland (INFR(2022)0370), and Spain (INFR(2022)0355) to the Court of Justice of the European Union for failing to notify national measures fully transposing EU rights on Work-Life Balance for parents and carers (Directive (EU) 2019/158).
The Work-Life Balance Directive, adopted in 2019, is an important legislation which aims to enable working parents to better reconcile professional and private lives. The deadline for transposition of the provisions of the Work-life Balance Directive into national law was 2 August 2022. In September 2022, the Commission sent letters of formal notice to 19 Member States who had not communicated the complete transposition of the Directive. In April 2023, the Commission sent reasoned opinions to 11 Member States who were yet to notify full national transposition measures. Belgium, Ireland and Spain have still not communicated transposition measures. Since the cases concern the failure to communicate transposition measures of a legislative directive, the Commission will ask the Court of Justice of the European Union to impose financial sanctions on those Member States. More details are available in the press release.
3. Internal Market, Industry, Entrepreneurship and SMEs
(For more information: Johanna Bernsel – Tel.: +32 229 86699; Ana Martínez Sanjurjo – Tel.: +32 229 63066)
Letters of formal notice
Proportionality test: Commission asks BELGIUM to correctly transpose the Proportionality Test Directive
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Belgium (INFR(2023)2155) for failing to correctly transpose EU rules on the proportionality test set out in the Proportionality Test Directive (EU) 2018/958. The Proportionality Test Directive applies to regulated professions and requires that any new or amended national rules affecting professionals must be subject to a thorough analysis of proportionality, supported with evidence, before their subsequent adoption. The Directive is one of the key tools for preventing unjustifiably restrictive national rules from entering into force and is more effective than potential remedial action. However, this requires full and correct implementation by Member States of the Directive.
The Commission has identified several issues with Belgium’s transposition of the Directive, such as not ensuring that initiatives or amendments that originate from parliaments, as well as rules from professional associations, effectively undergo a proportionality test, or failing to set up a mechanism that would allow professional bodies to conduct independent assessments. Belgium now has two months to address these issues. Otherwise, the Commission may decide to take further steps and to issue a reasoned opinion.
Reasoned opinions
Service providers: Commission asks BELGIUM to remove unjustified requirements on service providers in construction sector
Today, the European Commission decided to send a reasoned opinion (INFR(2022)4120) to Belgium for the non-conformity of Belgian law with the Services Directive (2006/123/EC). The objective of the Services Directive is to ensure that service providers do not face unjustified barriers when they wish to establish themselves in a Member State or to provide their services cross-border. Belgian law requires a much higher financial guarantee from non-approved entrepreneurs compared to those who have gone through a Belgian certification scheme. This makes it more difficult for construction companies to access the market, go cross-border and scale up.
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 for construction services.
Belgium now has two months to respond to the arguments raised by the Commission, after which the Commission may decide to refer Belgium to the Court of Justice of the European Union.
Referrals to the Court of Justice
Late payments: Commission decides to refer BELGIUM, GREECE and ITALY to the Court of Justice of the European Union, and to send a separate reasoned opinion to GREECE for not respecting payment deadlines to companies
Today, the European Commission decided to refer Belgium (INFR (2019)2299), Greece (INFR(2019)2298) and Italy (INFR(2021)4037) to the Court of Justice of the European Union for not correctly applying the rules under the Late Payment Directive (Directive 2011/7/EU). The Commission also decided to send a reasoned opinion to Greece in a separate case (INFR(2023)2027) under the same directive – this separate case concerns the issue of waivers signed by hospital contractors, agreeing to waive some of their rights under the directive against promises of immediate payments.
The Late Payment Directive obliges public authorities to pay their invoices within 30 days (or 60 days for public hospitals). By sticking to these payment deadlines, public authorities set an example in the fight against bad payment culture in the business environment. Late payments have negative effects on businesses, by reducing liquidity, preventing growth, hampering resilience, and potentially impeding their efforts to become greener and more digital. In the current economic context, businesses, and in particular SMEs, rely on regular payments to operate and keep employment.
The Commission is currently setting up a European Observatory of payments in commercial transactions as announced in the Update to the Industrial Strategy adopted in May 2021. In addition, the Commission also presented a revision of the Late Payment Directive and adopted a proposal for a Regulation on combatting late payments in commercial transactions in September this year. More information is available in the press release.
4. Energy and climate
(For more information: Tim McPhie – Tel.: +32 229 58602; Giulia Bedini – Tel. +32 229 58661, Ana Crespo-Parrondo – Tel. + 32 229 81325)
Letters of formal notice
Energy labels: Commission calls on CROATIA to comply with EU rules on tyre labelling
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Croatia (INFR(2023)2159) for failing to notify national rules on penalties it imposes for breaches of the EU Tyre Labelling Regulation (EU) 2020/740 with respect to fuel efficiency and other parameters.
This Regulation sets out a labelling scheme allowing consumers to choose tyres which comply with the Regulation in terms of fuel efficiency, wet grip, and noise. Fuel-efficient tyres can help consumers save money on fuel bills and contribute to CO2 emissions reductions. It is essential that all Member States ensure that only tyres which comply with the EU Tyre Labelling Regulation are placed on the market or put into service, and that penalties are in place to remedy breaches.
Member States were required to notify their rules on penalties and enforcement mechanisms to the Commission by 1 May 2021. Croatia had not notified its rules to the Commission by the given deadline. The Commission has been in contact with the Croatian authorities since June 2021 and reminded Croatia about this reporting obligation. However, as Croatia has still not yet notified their penalties scheme, the Commission has decided to issue a letter of formal notice. Croatia now has two months to reply and address the shortcomings identified by the Commission. In the absence of a satisfactory response, the Commission may decide to send Croatia a reasoned opinion.
Reasoned opinions
Renewable energy: Commission urges HUNGARY and SWEDEN to fully transpose the Renewable Energy Directive
Today, the European Commission decided to send an additional reasoned opinion to Hungary (INFR(2021)0256) and a reasoned opinion to Sweden (INFR(2021)0344) 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 % of energy from renewable sources in the Union’s gross final consumption of energy by 2030. The Directive provides supportive measures for renewable energy to be cost-effective and simplifies 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.
As regards Hungary, the Commission decided to refer the Member S
tate to the Court of Justice of the European Union for lack of transposition of the Directive, in particular for having failed to notify a correlation table or another equivalent explanatory document specifying how Hungary had transposed each provision of the Directive. After having received the correlation table from Hungary, the Commission decided not to continue the procedure before the Court. However, following the assessment of the correlation table, the Commission has now decided to send an additional reasoned opinion to Hungary because the transposition of the Directive is considered incomplete.
As regards Sweden, the Commission sent a letter of formal notice in July 2021 for failure to transpose the Directive. After having examined the reply from Sweden to the letter of formal notice, including the national transposition measures notified, the Commission considers that Sweden has still not fully transposed the Directive. Both Sweden and Hungary now have two months to remedy the situation and notify to the Commission the complete transposition of the Directive. In the absence of satisfactory responses, the Commission may decide to refer the cases to the Court of Justice of the European Union.
Referral to the Court of Justice
Security of gas supply: Commission decides to refer POLAND to the Court of Justice for measures imposing additional costs on cross-border gas trade
Today, the European Commission decided to refer Poland (INFR(2017)2155) to the Court of Justice of the European Union for imposing restrictive requirements on companies engaged in the cross-border trade of natural gas under its national gas storage legislation which are incompatible with the EU’s Security of Gas Supply Regulation (Regulation (EU) 2017/1938). The national gas storage legislation requires undertakings using storage facilities outside Poland to book firm transport capacities and prohibits such undertakings to trade those capacities in case of non-use, except for the case of a gas supply crisis. Gas suppliers using storage facilities in Poland are not subject to such restrictions. These restrictions risk distorting the market, hampering the functioning of the internal market, and risking jeopardising security of gas supply, since the national law increases the risk for congestions at interconnection points. Today’s decision is the latest step of an infringement procedure initiated by the Commission in 2018, based on its own investigation and several complaints from market operators. Despite regular exchanges, Poland has not yet remedied the situation. Since the functioning of the gas storage market within the Union and non-discriminatory rules for access conditions to natural gas transmission systems are key to ensure security of supply and to stabilise energy prices, the Commission has decided to refer the case to the Court of Justice of the European Union. More information is available in the press release.
5. Mobility and Transport
(For more information: Adalbert Jahnz – Tel.: +32 229 53156, Deborah Almerge Ruckert – Tel.: +32 229 87986)
Letters of formal notice
Road safety: Commission calls on CZECHIA to correctly transpose EU driving licence rules
The European Commission decided today to send an additional letter of formal notice to Czechia (INFR(2020)2263), urging it to bring its national legislation fully in line with EU law on driving licences, with regards to minimum standards of fitness for driving, notably in relation to cardiovascular conditions.
Directive (EU) 2016/1106 amends the EU Directive on driving licences (Directive 2006/126/EC), which set out the minimum standards of physical and mental fitness for driving a power-driven vehicle. To take into account the evolution of scientific knowledge on medical conditions that affect fitness to drive, and with a view to ensuring a higher level of road safety, the section on cardiovascular diseases has been replaced by more detailed provisions clearly indicating for which conditions driving should be allowed, and in which situations driving licences should not be issued or renewed. The Commission considers that in its transposition, Czechia describes some cardiovascular diseases in a way that is too generic to provide the certainty and clarity that are required by the Directive to ensure that the key aim of improving road safety is met. On this basis, the Commission sent a letter of formal notice in October 2020, followed by a reasoned opinion in February 2022. Before considering referring the case to the Court of Justice of the European Union, further assessment by Commission medical experts was undertaken. This identified other inconsistencies in the Czech transposition. To broaden the scope of the infringement procedure, the Commission is sending an additional letter of formal notice to Czechia, which now has two months to respond and to address the additional shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Rail transport: European Commission calls on SLOVAKIA to correctly apply EU rules on railway interoperability
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Slovakia (INFR(2023)4016) for failing to correctly apply the interoperability requirements of Directive 2008/57/EC.
This Directive establishes a framework for ensuring interoperability between railways in the European Union through harmonising technical requirements and establishing a process for their verification. Shortcomings have been identified in Slovakia in relation to the authorisation process for placing railway vehicles into service and regarding the application of rules concerning risk evaluation and assessment. Slovakia now has two months to address the concerns raised by the Commission. Otherwise, the Commission may decide to send Slovakia a reasoned opinion.
Aviation safety: Commission calls on DENMARK and CYPRUS to correctly apply EU air safety rules
The European Commission decided to open an infringement procedure by sending letters of formal notice to Denmark (INFR(2023)2150) and Cyprus (INFR(2023)2151) for failing to correctly implement parts of the EU aviation safety legislation. In the case of Denmark, the Commission has identified shortcomings concerning aviation safety rules, including lack of appropriately qualified staff (inspectors), the implementation of oversight procedures and the acceptance and approval of manuals of aviation companies, in breach of Regulations (EU) No 1321/2014 and (EU) No 748/2012). For Cyprus, shortcomings concern various issues related to airport oversight, set out in Regulations (EU) No 139/2014 and (EU) 923/2012, such as verification of the implementation of airport-related obligations and the adequacy of Cyprus’ safety management system. Denmark and Cyprus now have two months to reply to the arguments raised by the Commission and put in place the necessary measures. Otherwise, the Commission may decide to send a reasoned opinion.
Rail transport: Commission calls on HUNGARY and AUSTRIA to correctly implement EU rules on the Single European Railway Area
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Hungary (INFR(2023)2154) and to Austria (INFR(2023)2153) for failing to correctly transpose EU law on the Single European Railway Area. The Commission also decided to send a reasoned opinion to Hungary (INFR(2021)2092) for failing to correctly transpose and apply certain EU rules on the Single European Railway Area.
The Commission finds that national provisions on rail transport in Hungary and Austria are not in line with Directive (EU) 2012/34/EU establishing a Single European Railway Area, as amended by Directive (EU) 2016/2370, as they appear to unduly restrict the right to request an economic equilibrium test. The Commission also considers that Austrian law appears to restrict the scope of infrastructure management functions that may be shared between different infrastructure managers. And it finds that Hungarian legislation fails to comply with the provisions of Directive 2012/34/EU concerning the independence of the infrastructure manager’s essential functions, the possibility for the infrastructure manager to conclude cooperation agreements with railway undertakings, and cooperation between the national regulatory body and its counterparts in other Member States.
Austria and Hungary now have two months to reply to the arguments raised by the Commission. In the absence of a satisfactory response, the Commission may decide to send a reasoned opinion. 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. Without a satisfactory response from these Member States within two months, the Commission may decide to refer the cases to the Court of Justice of the European Union.
Additionally, the Commission considers that Hungarian law provides for exemptions from the application of measures transposing Directive 2012/34/EU that go beyond the scope of what is provided for in this directive. In the reasoned opinion, the Commission also upholds concerns about the Hungarian rail regulatory body’s lack of independence from the Ministry, and notes that Hungarian legislation still fails to comply with provisions setting requirements on the regulatory body’s resources, duties and powers, the prevention of conflicts of interests, and cooperation with regulatory bodies of other Member States. Hungary now has two months to reply to the arguments raised by the Commission. Without a satisfactory response from Hungary, the Commission may decide to refer the matter to the Court of Justice of the European Union.
Reasoned opinions
Road transport: Commission calls on DENMARK and SWEDEN to fully transpose European Electronic Tolling Service (EETS) legislation
The European Commission today decided to send reasoned opinions to Denmark (INFR(2022)2207) and Sweden (INFR(2021)0541) for failing to transpose all provisions of the European Electronic Tolling Service (EETS) Directive (Directive (EU) 2019/520) into national law.
The EETS is a tolling system allowing EU road-users to pay tolls with a single subscription contract, through a single 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 elapsed on 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. Without a satisfactory response from these Member States within two months, the Commission may decide to refer the cases to the Court of Justice of the European Union.
Rail transport: Commission urges PORTUGAL to correctly apply EU rules on railway safety
The Commission decided today to send a reasoned opinion to Portugal (INFR(2020)2092) for failing to correctly apply Directive (EU) 2016/798 on railway safety.
This directive requires Member States to establish national safety authorities responsible for the supervision and enforcement of the railway safety framework. Shortcomings have been identified concerning the supervision of the safety management systems of railway undertakings and infrastructure managers, and the organisational capacity of Portugal’s national safety authority. 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.
Inland navigation: Commission calls on HUNGARY and THE NETHERLANDS to transpose EU rules on professional qualifications in inland navigation
Today, the European Commission decided to send reasoned opinions to Hungary (INFR(2022)0224) and INFR(2022)0225) and the Netherlands (INFR(2022)0241) and (INFR(2022)0242) for failing to transpose Directive (EU) 2017/2397 on recognising professional qualifications in inland navigation, and for failing to transpose the Commission Delegated Directive (EU) 2020/12, which sets harmonised standards for competences, knowledge and skills for practical examinations, for medical fitness, and for the approval of simulators. The transposition deadline for both directives expired on 17 January 2022.
Directive (EU) 2017/2397 sets the conditions and procedures for certifying the qualifications of people involved in the operation of a craft on EU inland waterways, and for the recognition of such qualifications in other Member States. Commission Delegated Directive (EU) 2020/12 supplements Directive (EU) 2017/2397
Following the letters of formal notice issued to both Member States on 24 March 2022, the Commission has received no notification from either Member State showing the directives have been fully transposed into national legal orders. The Commission is therefore of the view that the national laws of these Member States are not fully in line with the directives and has decided to send reasoned opinions to both Member States.
Hungary and the Netherlands 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.
6. Taxation and Customs Union
(For more information: Daniel Ferrie – Tel: +32 229 86500; Francesca Dalboni – Tel: +32 229 88170)
Letters of formal notice
Taxation: Commission calls on PORTUGAL to comply with the EU excise duty legislation on wine
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Portugal (INFR(2020)4063) for failing to comply with the EU excise duty rules on wine. Portugal treats as wine and incorrectly applies a zero rate on products with an alcoholic strength between 15% and 18% by volume and which have been enriched. However, EU legislation allows the inclusion of such products in the category of wine only if they are produced without any enrichment. At the same time, Portugal excludes all flavoured wines from the wine category, even if the conditions in the EU legislation are met, which results in a higher excise duty rate being applied. In both cases, the treatment of the above products is contrary to the definition of wine in the EU excise duty legislation. Portugal has two months to address the shortcomings identified in this letter of formal notice. If Portugal does not act within the next two months, the Commission may decide to send a reasoned opinion.
Referrals to the Court of Justice
Taxation: Commission decides to refer BELGIUM to the Court of Justice of the European Union for failing to comply with the free movement of workers principle as regards taxation of non-resident taxpayers
Today, the European Commission decided to refer Belgium (INFR(2014)2191) to the Court of Justice of the European Union for its failure to comply with the Treaty principle of free movement of workers, as regards taxation of non-resident taxpayers with modest income. In its judgment of 10 March 2022 (European Commission v the Kingdom of Belgium, 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 their State of residence, making it impossible to deduct payments from their taxable income in that State. In response to the 2022 judgment, Belgium extended the personal scope of the tax deduction. However, it did not eliminate the infringement in its entirety. The new legislation introduces two conditions, which appear to unduly restrict the availability of the benefit for non-residents with modest income. If the Court finds that Belgium has not complied with its judgment, it may impose financial sanctions. A press release is available online.
7. Jobs and social rights
(For more information: Veerle Nuyts – Tel.: +32 229 96302; Flora Matthaes – Tel.: +32 229 83951)
Letters of formal notice
Coordination of social security: Commission calls on GREECE to comply with EU rules on family benefits
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Greece (INFR(2023)2097) for failing to comply with the EU rules on social security coordination (Regulation (EC) 883/2004) and on the free movement of workers (Regulation (EU) No 492/2011 and Article 45 of the Treaty on the Functioning of the European Union). According to the Greek legislation, only EU nationals who have been residing for at least five years together with their children in Greece are eligible to apply for family benefits. Those non-EU nationals, who are covered by the EU social security coordination rules (for instance because they moved to Greece from another EU Member State), can only apply for family benefits after being resident in Greece for at least twelve years. In the view of the Commission, this legislation breaches EU law as it does not treat EU citizens equally, which qualifies as discrimination. Moreover, the Regulation on social security coordination prohibits any residence requirements for receiving social security benefits such as family allowance. Greece now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to send a reasoned opinion to Greece.
Working conditions: The Commission calls on GREECE, CYPRUS and MALTA to incorporate the Directive on working time in inland waterways transport into national law
The European Commission decided to open three infringement procedures by sending letters of formal notice to Greece (INFR(2023)2138), Cyprus (INFR(2023)2139) and Malta (INFR(2023)2137) for their failure to incorporate the Directive on working time in inland waterways transport (Directive 2014/112/EU) into national law. These rules implement a social partners agreement that regulates certain aspects of working time for workers employed onboard of vessels in the inland waterway transport sector. In particular, the social partners agreement regulates the duration of daily and weekly working time, rest periods, breaks, maximum working time during night-time, and annual leave. Whether or not a Member State has inland waterways on its territory, the Commission considers that a uniform transposition of the directive by all Member States is necessary to guarantee that the individual employment contracts of mobile workers working on board vessels operated within the Union territory are in full conformity with the provisions of the Directive. Greece, Cyprus and Malta now have two months to notify the Commission of their national measures. In the absence of a satisfactory response, the Commission may decide to send a reasoned opinion.
Reasoned opinions
Coordination of social security: Commission calls on ITALY to comply with EU rules on family benefits
Today, the European Commission decided to send a reasoned opinion to Italy (INFR(2022)4113) for failing to comply with the EU rules on social security coordination (Regulation (EC) 2004/883), and on the free movement of workers (Regulation (EU) No 492/2011 and Article 45 of the Treaty on the Functioning of the European Union). In March 2022, Italy introduced a new family allowance for dependent children (“Assegno unico e universale per i figli a carico”): only people residing for at least two years in Italy are eligible to receive this benefit, and only if they live in the same household as their children. In the view of the Commission, this legislation breaches EU law as it does not treat EU citizens equally, which qualifies as discrimination. Moreover, the Regulation on social security coordination prohibits any residence requirements for receiving social security benefits such as family allowance. This reasoned opinion follows a letter of formal notice sent to Italy in February 2023. Italy replied to this letter in June 2023. The Commission considers that the reply does 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.
8. Financial Services
(For more information: Daniel Ferrie – Tel.: +32 2 298 65 00; Marta Pérez-Cejuela – Tel.: +32 2 296 37 70)
Letters of formal notice
Anti-Money Laundering: Commission calls on Romania and Slovakia 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 Romania (INFR(2023)2152) and an additional letter of formal notice to Slovakia (INFR(2020)2227) for having incorrectly transposed of the 4th and 5th Anti-Money Laundering Directives (4th and 5thAML).
Romania and Slovakia notified a complete transposition of the Directive. Nevertheless, the Commission has identified several instances of failure to correctly transpose the Directive into their national law. In the case of Romania, this failure affects, among others, fundamental aspects, like the existence of an effective sanctions regime when incorrect data is introduced in the national Beneficial Ownership register. In the case of Slovakia, incorrect transposition in particular affects the Beneficial Ownership register and the functioning of the Financial Intelligence Unit.
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. That is why EU rules should be implemented and supervised efficiently to combat crime and protect our financial system.
Without satisfactory responses from Romania and Slovakia within two months, the Commission may decide to continue the infringement procedure and send a reasoned opinion.
9. Digital economy
(For more information: Johannes Bahrke – Tel.: +32 229 58615; Thomas Regnier – Tel.: +32 229 91009)
Reasoned opinions
Platform-to-business Regulation: Commission calls on LITHUANIA and HUNGARY to respect EU platform-to-business rules ensuring fairness and transparency for business users
Today, the European Commission decided to send reasoned opinions to Lithuania (INFR(2022)2143) and Hungary (INFR(2022)2142) to provide effective enforcement of the Platform-to-business (‘P2B’) Regulation.
The EU P2B rules promote fairness and transparency for business users of online intermediation services. The rules started applying on 12 July 2020. Lithuania and Hungary have failed to provide national rules implementing the P2B Regulation with respect to its effective enforcement in due time.
In January 2023, the Commission sent letters of formal notice to Lithuania and Hungary, as the Member States did not have any national legislation in place to enforce the P2B rules. As the Commission has not received a satisfactory reply to its concerns about the lack of enforcement of the P2B Regulation, the Commission is now sending a reasoned opinion to Lithuania and Hungary.
The Member States now have two months to reply to the Commission and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
