October 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 58 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)
Reasoned opinions
Waste shipments: Commission adopts reasoned opinion in case brought by Poland against Germany
The Commission adopted today a reasoned opinion in a procedure brought by Poland against Germany pursuant to Article 259 of the Treaty on the Functioning of the EU, concerning illegal shipments of waste from Germany to Poland. Poland claimed that Germany infringed Articles 24(2) and 28(2) of Regulation (EC) No 1013/2006 on shipments of waste (‘the Waste Shipments Regulation’ or ‘WSR’) and Article 4(3) TEU (duty of sincere cooperation) by refusing to take back waste shipped illegally from Germany to seven different locations in Poland. In its reasoned opinion, the Commission considers that Germany has failed to comply with its obligations under Article 24(2) of the WSR, by failing to take back, within the 30-day time limit, the waste from one location (Tuplice) and to a certain extent by failing to take back waste from another location (Stary Jawor). The latter finding relates only to shipments arranged by some of the operators, namely those who seemed to have the knowledge that the recipient of the waste did not have an appropriate waste management permit. As regards the claims made by Poland for breaches of Articles 24(2) of the WSR concerning the other shipments to Stary Jawor and shipments to the remaining locations in light of the lack of clarity of the facts and the lack of sufficient evidence proving the illegality of the shipments, the Commission is unable to establish a breach by Germany. In addition, the Commission considers that the claim made by Poland that Germany breached Article 28(2) of the WSR by not accepting the classification of the waste is unfounded. Finally, while noting that the cooperation between the parties in establishing the facts and finding mutually agreeable solutions appeared, at times, not optimal, the Commission is unable to establish a breach by Germany for lack of sincere cooperation with Poland. Article 259 of the Treaty allows a Member State which considers that another Member State has failed to fulfil an obligation under the Treaties to bring a case before the Court of Justice of the European Union. Before doing so, the Member State has to bring the matter before the Commission, which issues a reasoned opinion after giving both sides an opportunity to submit their observations. Poland presented a complaint to the Commission on 26 July 2023 and Germany submitted its observations in writing on 7 September 2023. The Commission heard both Poland and Germany during an oral hearing held on 20 September 2023. Following the adoption of today’s reasoned opinion, Poland may decide to refer the case to the Court.
2. 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
Commission calls on HUNGARY, PORTUGAL, ROMANIA and SLOVENIA to comply with EU rules on public procurement and concessions
Today, the European Commission decided to open infringement procedures by sending letters of formal notice to Hungary (INFR(2023)2119 and INFR(2023)2120), Portugal (INFR(2023)2121), Romania (INFR(2023)2114) and Slovenia (INFR(2023)4014) for non-compliance of national rules with the EU legislation on public procurement. This EU legislation includes the Directive on public procurement (Directive 2014/24/EU), the Directive on procurement in the utilities sectors (Directive 2014/25/EU) and the Directive on the award of concession contracts (Directive 2014/23/EU). These EU rules ensure the equal treatment of economic operators interested in participating in procurement procedures and the respect of the obligation of transparency. The Commission is addressing the countries over various issues. It has identified several instances where national legislation allows for the use of negotiated procedures without prior publication. Other identified issues address national rules, which allow modifications of contracts related to public tasks and services, impose limits to subcontracting or introduce direct discrimination in favour of certain products originating in the region where the contracting authority is established. Hungary, Portugal, Romania and Slovenia have now two months to address the concerns raised by the Commission. Otherwise, the Commission may decide to send reasoned opinions to these Member States.
Reasoned opinions
Commission asks eight Member States to bring their rules in line with EU legislation on proportionality test
The European Commission decided to send reasoned opinions to Bulgaria (INFR(2021)2206), Czechia (INFR(2021)2201), Greece (INFR(2021)2200), Croatia (INFR(2021)2198, Cyprus (INFR(2022)2055), Hungary (INFR(2021)2192) the Netherlands (INFR(2021)2197), and Slovakia (INFR(2021)2204) for not having correctly transposed EU rules on the proportionality test set at in the Proportionality Test Directive (Directive(EU) 2018/958). While these procedures are moving to the next step, five other Member States (Austria, France, Latvia, Lithuania, and Slovenia) have remedied the incorrect transposition issues identified in letters of formal notice. The Proportionality Test Directive requires that any new or amended national rules affecting professionals must be subject to a thorough analysis of proportionality before their adoption and supported with evidence. The Directive is one of the key tools for preventing unjustified restrictive national rules. Prevention has proved more effective than potential remedial action. This, however, requires full and correct implementation by Member States. The Commission is today addressing the above Member States as it considers they have not correctly transposed the proportionality test obligations. In particular, the Commission has identified several issues, such as excluding rules that originate in national parliaments or in professional associations or bodies from the scope of the proportionality test obligation. The Commission sent letters of formal notice to the concerned Member States in December 2021 and July 2022 and complementary letters of formal notice in February 2023. They now have two months to correctly transpose the Directive. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Commission calls on SLOVAKIA to comply with EU rules on professional qualifications
Today, the European Commission decided to send an additional reasoned opinion (INFR(2018)2183) to Slovakia for non-compliance of national rules with the EU legislation on the recognition of professional qualifications (Directive 2005/36/EC as amended by Directive 2013/55/EU). These EU rules have contributed to the creation of a modern system for the recognition of professional qualifications 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. The Commission considers that Slovak rules on language checks for healthcare professionals, despite recent amendments, continue to breach EU rules. Slovak rules do not ensure proportionality of the linguistic controls. In addition, they limit the possibility for healthcare professionals wanting to work in Slovakia to prove their knowledge of the Slovak language by using only one of the three options listed in the directive, a language exam. Slovakia now has two months to address the concerns raised by the Commission. Otherwise, the Commission may decide to refer Slovakia to the Court of Justice of the European Union.
3. 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
Procedural rights: Commission calls on GERMANY, HUNGARY, the NETHERLANDS, AUSTRIA, ROMANIA, SLOVAKIA and SWEDEN to fully transpose EU rules on procedural safeguards for children in criminal proceedings
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Hungary (INFR(2023)2109), the Netherlands (INFR(2023)2089), Austria, (INFR(2023)2106), Romania (INFR(2023)2107), Slovakia (INFR(2023)2108) and Sweden (INFR(2023)2110) as well as an additional letter of formal notice to Germany (INFR(2019)0183) for failing to fully transpose the Directive on procedural safeguards for children who are suspects or accused persons in criminal proceedings (Directive (EU) 2016/800) into national law. This Directive aims to guarantee common minimum standards regarding the rights of children who are suspects or accused persons in criminal proceedings to ensure their right to a fair trial across the EU. The Commission considers that Germany, Hungary, the Netherlands, Austria, Romania, Slovakia and Sweden have failed to correctly transpose some of the Directive’s requirements linked to substantive rights. All seven Member States, have furthermore failed to fulfil the requirement to include a reference to the Directive in or accompanying the adoption of transposing measures. Therefore, the Commission decided today to send letters of formal notice to Hungary, Netherlands, Austria, Romania, Slovakia and Sweden and an additional letter of formal notice to Germany. These 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.
Procedural rights: Commission calls on BULGARIA to correctly transpose the EU rules on the right to interpretation and translation in criminal proceedings
Today, the European Commission decided to send a letter of formal notice to Bulgaria (INFR(2023)2111), for failing to correctly transpose the Directive on the right to interpretation and translation in criminal proceedings (Directive (EU) 2010/64). 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 in criminal proceedings are sufficiently protected across the EU. It guarantees that suspects and accused persons who do not speak or understand the language of the criminal proceedings are provided without delay with interpretation, and with a written translation of essential documents. The Commission considers that the Bulgarian national transposition measures fall short of the requirements of the Directive regarding the right to interpretation, the right to a written translation of essential documents and the scope of the Directive since under Bulgarian law, suspects not in detention do not benefit from the rights provided under the Directive. Bulgaria now has two months to take the necessary measures to address the shortcomings identified by the Commission. In the absence of a satisfactory response, the Commission may decide to send a reasoned opinion.
4. Energy and climate
(For more information: Tim McPhie – Tel.: +32 229 58602; Giulia Bedini – Tel. +32 229 58661)
Letter of formal notice
Radiation protection: Commission calls on DENMARK to correctly transpose the Euratom Basic Safety Standards Directive
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Denmark (INFR(2023)2122) for failing to correctly transpose the revised Basic Safety Standards Directive (Council Directive 2013/59/Euratom). The Directive, which modernises and consolidates EU radiation protection legislation, lays down basic safety standards to protect members of the public, workers and patients against the dangers arising from exposure to ionising radiation. It also includes emergency preparedness and response provisions that were strengthened following the Fukushima nuclear accident. The Commission considers that the Danish laws incorrectly transpose a number of the Directive’s provisions, including those on the carrying out of medical radiological procedures, the management of existing exposure situations, the estimation of radiation doses from authorised practices, the monitoring, evaluation and reporting of radioactive discharges, the allocation of human and financial resources to the radiation protection competent authority and the elements to be included in an emergency response plan. Denmark now has two months to reply and address the shortcomings identified by the Commission. Otherwise, the Commission may decide to send Denmark a reasoned opinion.
Reasoned opinions
Renewable energy: Commission urges PORTUGAL to fully transpose the Renewable Energy Directive
Today, the European Commission decided to send an additional reasoned opinion to Portugal (INFR(2021)0326) for not having fully transposed EU rules on the promotion of the use of energy from renewable sources set out in Directive (EU) 2018/2001. This Directive provides the legal framework for the development of renewable energy in electricity, heating and cooling, and transport in the EU. It sets an EU-level binding target for 2030 of at least 32% renewable energy and includes measures to ensure support for renewable energy to be cost-effective, and to simplify administrative procedures for renewable energy projects. It also facilitates the participation of citizens in the energy transition and sets specific targets to increase the share of renewables in the heating and cooling and transport sectors by 2030. The deadline to transpose the Directive into national law was 30 June 2021. In May 2022, the Commission sent Portugal a reasoned opinion. In February 2023, the Commission decided to refer Portugal 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 explanatory document specifying how Portugal had transposed each provision of the Directive. After reception of a correlation table from Portugal, the Commission decided not to continue the procedure before the Court. Following the assessment of the correlation table, the Commission has now decided to send an additional reasoned opinion to Portugal because the transposition of the Directive was still not complete. Portugal now has two months to remedy the situation and notify the Commission of complete transposition of the Directive. Otherwise, the Commission may decide to refer the case back to the Court of Justice of the European Union.
Internal energy market: Commission urges ESTONIA, GREECE and PORTUGAL to fully transpose EU rules on the internal electricity market
Today, the European Commission decided to send a reasoned opinion to Estonia (INFR(2021)0033), Greece (INFR(2021)0037) and Portugal (INFR(2021)0087) for not having fully transposed EU rules for the internal electricity market set out in the Directive (EU) 2019/944, amending Directive 2012/27/EU. The Directive lays down key rules regarding the organisation and functioning of the EU electricity sector to create truly integrated, competitive, consumer-centred, flexible, fair and transparent electricity markets across the Union. The deadline to transpose the Directive into national law was 31 December 2020. The Commission sent a letter of formal notice to Estonia, Greece and Portugal in February 2021, after concluding that not all the provisions of the Directive had been transposed into their national legislation. Having examined the replies from the Member States concerned as well as the national transposition measures notified, the Commission considers that these Member States have still not fully transposed the Directive. The three Member States concerned now have two months to take the necessary measures and notify the Commission. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union.
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 and AUSTRIA to correctly transpose the EU revised Directive on road infrastructure safety management
Today, the European Commission decided to open an infringement procedure by sending a letter of formal notice to Czechia (INFR(2023)2112) and Austria (INFR(2023)2113) requesting the correct transposition into national legislation of Directive (EU) 2019/1936 on road infrastructure safety management. The Directive extends the types of roads covered by the legislation and requires the establishment and implementation of procedures for road safety impact assessments, road safety audits, road safety inspections and network-wide road safety assessments by the Member States. Particular importance is attached to the protection of vulnerable road users and their needs. Czechia and Austria have not correctly transposed certain requirements of the Directive. For instance, Czechia does not require that the needs of vulnerable road users are included in training for road safety auditors and Austria does not or consider them in the implementation of the safety procedures. In addition, Czechia does not make it clear that the requirements of the Directive must be applied on all the roads within its scope, namely, TEN-T roads, motorways, primary roads connecting major cities and regions and EU funded interurban roads. The Commission is therefore sending letters of formal notice to Czechia and Austria, 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.
Reasoned opinions
Road transport: Commission calls on GREECE to fully transpose European Electronic Tolling Service (EETS) legislation
The European Commission decided today to send a reasoned opinion to Greece (INFR(2021)0523) for failing to notify the Commission of complete transposition of Directive (EU) 2019/520) into national law. The EETS is a tolling system, for which EU road-users could 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. Today’s reasoned opinion follows a letter of formal notice sent by the Commission in November 2021. More precisely, Greece did not designate a national contact point for the exchange of information between Member States when a failure to pay a road fee by a road user has been established. Failure to completely transpose these rules presents an obstacle to cross-border enforcement of the obligation to pay road fees in the EU. Without a satisfactory response from Greece within two months, the Commission may decide to refer the matter to the Court of Justice of the European Union.
Referrals to the Court of Justice
Rail Transport: Commission decides to refer SPAIN to the Court of Justice of the European Union for failing to correctly transpose and apply EU rules establishing a single European railway area
The Commission decided today to refer Spain to the Court of Justice of the European Union for failing to correctly transpose and apply Directive 2012/34/EU establishing a single European railway area. The Commission takes the view that the rail regulatory framework in Spain is in breach of several provisions of the directive concerning: the management independence of the infrastructure manager – in particular the determination of infrastructure charges, the management of railway undertakings according to commercial principles, and the correct drafting of contractual agreements. In May 2018, the Commission therefore sent a letter of formal notice, to which Spain replied in January 2019, informing the Commission that some of the objections raised had been solved through new legislation adopted, while others required further work. However, the Commission considered that Spain had failed to ensure the correct transposition of several articles of the Directive and consequently sent a reasoned opinion in October 2019. In December 2022, Spain notified the Commission that it had transposed further measures, but the Commission’s analysis concluded that not all of its points had been addressed. The Commission has therefore decided to refer Spain to the Court of Justice of the European Union. More information is available in the press release.
6. Agriculture
(For more information: Olof Gill – Tel.: +32 2 296 59 66; Sophie Dirven – Tel.: +32 2 296 72 28)
Letter of formal notice
Agriculture: Commission calls on SLOVAKIA to remove the mandatory notification on exports of certain agricultural commodities
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Slovakia (INFR(2023)2118) because of a mandatory prior notification of exports of certain agricultural commodities (wheat, rye, barley, oats, sweet corn, soy, turnip and sunflower) introduced by the Slovak legislation. By virtue of this obligation, exporters must notify in advance all planned exports of such commodities involving quantities above 400 tonnes per month to the Slovak authorities. Based on the notifications, the Slovak authorities then assess whether there is a threat to domestic food security by a decrease in stocks of these commodities below a critical threshold. The Commission considers the measure to be incompatible with EU rules on the common organisation of markets for agricultural products and on common rules for exports. Slovakia now has two months to reply to the Commission. Otherwise, the Commission may decide to send Slovakia a reasoned opinion.
