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December 2020 infringements package: key decisions

03 December 2020
by eub2 -- last modified 03 December 2020

In its regular package of infringement decisions, the European Commission pursues legal action against EU 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.


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The key decisions taken by the Commission are presented below and grouped by policy area. The Commission is also closing 138 cases in which the issues with the Member States concerned have been solved without the Commission needing to pursue the procedure further.

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

1. Environment and fisheries

Letters of formal notice

Environmental Impact Assessment: Commission urges BELGIUM to enhance national rules on environmental impact of public and private projects

The Commission is urging Belgium to transpose the Environmental Impact Assessment Directive on the assessment of the effects of certain public and private projects on the environment (Directive 2011/92/EU) into national law. The European Green Deal stresses the importance of Europe remaining on track to meet its environmental objectives. Belgium has not correctly transposed the Directive in its legal order at federal level (where projects in the marine area or involving ionising radiation are concerned) and in its three regions regarding construction projects falling under their competence. Therefore, projects in Belgium for which an environmental impact assessment needs to be carried out may be approved while not fully respecting the Directive. Examples include irregularities at the federal level and in Brussels, Flanders and Wallonia with information flows, such as not prescribing the use of electronic notice, not requiring the developer to provide all necessary information to the authorities or the authorities to share this information with the public. There are also shortcomings regarding setting deadlines for providing input, including transboundary consultations. The Commission is therefore sending today a letter of formal notice to Belgium, which will have two months to reply to the letter. Otherwise, the Commission may decide to send a reasoned opinion.

Nature: Commission calls on MALTA to discontinue practices affecting protected wild birds

The Commission is calling on Malta to correctly apply the Birds Directive (Directive 2009/147/EC), which requires a general system of protection for wild birds and allows derogations only subject to strict conditions. The European Green Deal and the European Biodiversity Strategy indicate that it is crucial for the EU to halt biodiversity loss by protecting and restoring biodiversity. Malta has authorised derogations for the spring hunting of quail every year since 2011 and derogations for autumn live-capturing of song thrush and golden plover each year since 2012. These derogations fall short systematically of the requirements set out in the legislation, related in particular to poor supervision of the conditions set out in the derogations, which results in other species than those targeted being affected. Relying on insufficient or inaccurate information about the populations of wild birds and the available alternatives, Malta also failed to fulfil the basic conditions for granting such derogations. Not least, the high numbers of wild birds illegally shot in Malta constitute a major and systemic failure to establish a general system of protection as required by Article 5 of the Birds Directive. Separately, Malta has also recently authorised finch trapping for research purposes, having authorised finch trapping for recreational purposes for several years, an action which was found to be non-compliant with the Birds Directive by the Court of Justice of the EU. In particular, the Commission considers that the new derogation scheme adopted in October 2020 authorising the trapping of finches for research purposes circumvents the judgment of the Court of Justice of the EU, by permitting trapping of finches in similar conditions as before this ruling, even if under a different regime. The Commission has therefore decided to send two letters of formal notice to Malta. Malta now has two months to remedy the situation, otherwise the Commission may decide to issue a reasoned opinion.

Letters of formal notice, Art. 260

Air quality: Commission is calling on FRANCE to implement Court of Justice judgement on air quality in big cities

The Commission is calling on France to implement the judgment delivered by the Court of Justice of the European Union on 24 October 2019 (C-636/18). In this judgment, the Court found that France did not comply with the limit values applicable to the concentrations of nitrogen dioxide (NO2) in twelve air quality zones and agglomerations, and was not keeping the period of exceedance as short as possible, as required under Directive 2008/50/EC. These zones and agglomerations are: Marseille, Toulon, Paris, Clermont-Ferrand, Montpellier, Toulouse, Reims, Grenoble, Strasbourg, Lyon, Nice and former Vallée de l'Arve Rhône-Alpes (now two distinct zones : Vallée de l'Arve and Vallée du Rhône). The Commission recognizes that the French authorities are making some efforts to improve the air quality. However, except for the zone Clermont-Ferrand, these efforts have not yet been sufficient to keep exceedances as short as possible. The Commission therefore requests France today by letter of formal notice to take and implement all required measures to remedy the situation to ensure that the period of exceedance is as short as possible. France has two months to reply to the concerns raised by the Commission. Otherwise, the Commission may refer the case back with proposed financial sanctions to the Court of Justice of the EU. The European Green Deal sets the objective of Zero Pollution for the EU that benefits public health, the environment and climate neutrality.

Nature: Commission is calling on GREECE to implement the Court of Justice judgement on nature protection

The Commission is requesting Greece to implement the judgement of the Court of Justice of the EU regarding the conservation of natural habitats and of wild fauna and flora as required under the Habitats Directive (Directive 92/43/EEC). The Directive includes various obligations for Member States such as taking measures to prevent the deterioration of habitats and disturbance of species, verifying whether a project is likely to have a significant impact on a Natura 2000 site before authorisation, and establishing a system of strict protection for a number of species including the Caretta caretta sea turtle. The European Green Deal and the European Biodiversity Strategy also both indicate that it is crucial for the EU to halt biodiversity loss by protecting and restoring biodiversity. In its judgment of 10 November 2016 the Court ruled against Greece for failing to take the required measures to avoid the disturbance of protected species and deterioration of protected habitats in the region of Kyparissia. The Court found that Greece had tolerated the implementation of various projects or activities in breach of the Habitats Directive in the region. Greece had also authorised the construction of houses in Agiannaki and in Vounaki without having first determined that they would not have significant impacts on the Natura 2000 site, and had not adopted a comprehensive, legislative and regulatory framework for the protection of the Caretta caretta sea turtle in the Kyparissia area. Four years after the judgement was delivered, Greece still fails to fully comply with the ruling of the Court to ensure sound environmental protection of the Kyparissia region, especially the rare sand dune habitat that it hosts, and of the Caretta caretta sea turtle. The Commission is therefore sending a final warning to Greece. If the country does not take the necessary measures to comply with all the aspects of the Court judgment, the Commission may refer the case back to the Court of Justice and request that fines be imposed.

Additional letters of formal notice

Water: Commission calls on ITALY to better protect its waters from nitrate pollution from agricultural origin

The Nitrates Directive (Directive 91/676/EEC) aims to protect human health and the environment by reducing and preventing water pollution caused by nitrates from agricultural origin. Under the Directive, Member States monitor their waters and identify those affected or likely to be affected by nitrates from agricultural sources. They must also designate Nitrate Vulnerable Zones - the areas of land that drain into these waters and contribute to pollution- and set up appropriate action programmes in those areas with compulsory measures for farmers. The European Green Deal sets as its ambition an EU with zero pollution, which benefits public health, the environment and climate neutrality. The Commission sent a first letter of formal notice to Italy in November 2018, asking authorities to ensure the stability of the nitrate monitoring network, to review and further designate Nitrate Vulnerable Zones in several regions and to take additional measures or reinforced actions to achieve the objectives of the Directive in several regions. Subsequently, an intense dialogue took place with the Italian authorities. This has led to some progress, but additional steps are required to tackle remaining problems. Also, some additional issues have arisen in the meantime, such as the shortening of a continuous closed period (during which the fertilizer application is prohibited) and the lack of revision of some regional action programmes. Therefore, the Commission is sending today an additional letter of formal notice to Italy, giving it two months to address the identified shortcomings. Otherwise, the Commission may decide to send a reasoned opinion.

Reasoned opinions

Air quality: Commission is calling on AUSTRIA to improve the methodology for the assessment of ambient air quality

The Commission has decided to send a reasoned opinion to Austria over shortcomings in its transposition of the EU rules concerning reference methods, data validation and location of sampling points for the assessment of ambient air quality (Directive 2015/1480). The European Green Deal, with a Zero Pollution ambition for the EU, puts emphasis on cutting air pollution, which is among the key factors affecting human health. Full implementation of the air quality standards enshrined in EU legislation is key to effectively protect human health and safeguard the natural environment. Correct reference methods, data validation and location of sampling points are essential in order to establish reliable data. Without reliable data it is impossible to assess ambient air quality. In particular, Austrian legislation does not provide for a correct update of the documentation of measurements. Furthermore, parts of the legislation transposed into Austrian national law do not cover ozone. Austria now has two months to remedy the situation. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.

Environmental Impact Assessment: Commission is calling on GREECE to enhance national rules on environmental impact of investments

The Commission is calling on Greece to transpose the Environmental Impact Assessment Directive on the assessment of the effects of certain public and private projects on the environment (Directive 2011/92/EU) into national law. The European Green Deal stresses the importance of Europe remaining on track to meet its environmental objectives. Greece has not correctly transposed some parts of the Directive, meaning that some projects in Greece for which an Environmental Impact Assessment needs to be carried out may be approved while not fully respecting the Directive. For example, there is no concrete legal provision obliging the Greek authorities, when the Hellenic Republic is the affected Member State, to inform the public about a decision taken by another Member State. Also some projects have not been incorporated into the Greek legal order, for example, installations for the reprocessing of irradiated nuclear fuel or the final disposal of radioactive waste, or inland waterways and ports which permit the passage of vessels of over 1,350 tonnes. The Commission is therefore today sending a reasoned opinion to Greece, which will have two months to reply. Otherwise, the Commission may decide to refer the case to the Court of Justice of the EU.

Nature: Commission asks BULGARIA to step up implementation of EU nature legislation

The Commission is sending a final warning to Bulgaria over systemic failures in its implementation of EU nature legislation. The EU Birds Directive (Directive 2009/147/EC) and the Habitats Directive (Directive 92/43/EEC) establish the EU-wide Natura 2000 network of protected areas. The European Green Deal and the European Biodiversity Strategy both indicate that it is crucial for the EU to halt biodiversity loss by protecting and restoring biodiversity. Economic activities may take place in Natura 2000 sites, provided there is no adverse effect on the integrity of the sites. In Bulgaria, cumulative impacts of existing and authorised plans and projects in Natura 2000 areas have systematically been neglected when assessing the impacts of new plans and projects. Therefore many developments representing a major threat to conservation objectives have been authorised. The Commission initiated an infringement procedure and sent an additional letter of formal notice to Bulgaria in July 2018. However, new complaints and a check of authorisations granted in Natura 2000 sites in 2019-2020 showed that this structural problem persists and plans and projects continue to be authorised based on inadequate assessments, or even in the absence of appropriate assessments. Bulgaria now has two months to remedy the situation, otherwise the Commission may refer the case to the Court of Justice of the EU.

Nature: Commission is calling on SPAIN to ensure adequate protection of turtle doves

The European Commission is asking Spain to strengthen the protection of the turtle dove (Streptopelia turtur), as required by the Birds Directive (Directive 2009/147/EC). The European Green Deal and the European Biodiversity Strategy both indicate that it is crucial for the EU to halt biodiversity loss by protecting and restoring biodiversity. Spain hosts more than half of the turtle dove's breeding population in the EU. Consequently, the Spanish territory is of key importance for the conservation of this species. Between 1996 and 2016, the turtle dove population declined by 40% in Spain. The turtle dove is now under threat, in particular as a result of pressures from agriculture and hunting, which contribute to biodiversity loss. The species is considered 'vulnerable' on both the global Red List of Birds and the European Red List of Birds. The Directive requires Member States to ensure that the turtle dove has sufficient habitats, that these habitats are protected by adequate legal safeguards and managed according to the ecological needs of the species, and that hunting takes place only when it is sustainable. As Spain had not taken the necessary measures to ensure the protection of habitats and the sustainable hunting of this species, the Commission sent a letter of formal notice in 2019. The Spanish authorities did not reply satisfactorily, and therefore the Commission is today sending Spain a reasoned opinion. If Spain fails to act within two months, the Commission may decide to refer the case to the Court of Justice of the EU.

Nature: Commission is calling on FRANCE to ensure adequate protection of turtle doves

The Commission is calling on France to strengthen the protection of the turtle dove (Streptopelia turtur), as required by the Birds Directive (Directive 2009/147/EC). Under the Directive, Member States must ensure that the turtle dove has sufficient habitats, that these habitats are protected with adequate legal safeguards and managed according to the ecological needs of the species, and that that hunting takes place only when it is sustainable. The European Green Deal and the European Biodiversity Strategy both indicate that it is crucial for the EU to halt biodiversity loss by protecting and restoring biodiversity. As France hosts 10% of turtle doves' breeding population in the EU, the French territory is very important for the conservation of this species. Between 1996 and 2016, the dove population in France declined by 44%, illustrating how pressures from agriculture and hunting in particular can contribute to biodiversity loss. The species is considered 'vulnerable' on both the global Red List of Birds and the European Red List of Birds. As France had not taken the necessary measures to ensure habitat protection and the sustainable hunting of this species, the Commission sent a letter of formal notice in 2019. The French authorities did not respond satisfactorily, and the Commission has therefore decided to send France a reasoned opinion. France now has two months to respond, otherwise the Commission may refer the case to the Court of Justice of the EU.

Noise: Commission is calling on CYPRUS to step up measures concerning environmental noise

The Commission is calling on Cyprus to adopt, and subsequently review, a number of action plans and strategic noise maps, as required under Directive 2002/49/EC on the assessment and management of environmental noise. Noise caused by road, rail and airport traffic is the second main environmental cause of premature death in the European Union, after air pollution. It is estimated that noise causes 48,000 new cases of coronary heart disease every year in Europe. The European Green Deal sets the zero pollution ambition for the EU, including for noise, which benefits public health as well as the environment and strives for climate neutrality. The Environmental Noise Directive defines a common approach to avoid, prevent or reduce harmful effects caused by exposure to environmental noise. Member States must adopt noise maps and action plans and revise them on a periodic basis. According to the Directive, strategic noise mapping should be imposed in certain areas of interest as it can capture the data needed to provide a representation of the noise levels perceived within that area. Action plans should address priorities in those areas of interest and be drawn up by the competent authorities and should consult with citizens. To date, the Cypriot authorities have not adopted the required noise maps and action plans for various major roads. The Commission is therefore sending a reasoned opinion to Cyprus. If Cyprus fails to act within two months, the case may be referred to the Court of Justice of the EU.

Referrals to the Court of Justice of the European Union

Nature protection: Commission decides to refer POLAND to the Court of Justice over failure to safeguard forest habitats and species

The European Commission has today decided to refer Poland to the Court of Justice of the EU over its failure to ensure that adequate safeguards are in place to protect forest habitats and plant and animal species, as required under the Habitats Directive (Directive 92/43/EEC) and the Birds Directive (Directive 2009/147/EC). These Directives establish Natura 2000, an EU-wide network of protected areas aimed at preserving habitats and species of EU interest. Under these laws, forest management plans - which regulate activities such as logging - must undergo an assessment of their effects on Natura 2000 before authorisation. The European Green Deal and the European Biodiversity Strategy both indicate that it is crucial for the EU to halt biodiversity loss by protecting and restoring biodiversity. In the case of Poland, while assessments of forest management plans are carried out, Polish law does not provide access to justice with regard to those plans. As they may have significant effects on Natura 2000 sites, the public is thus deprived of effective judicial protection. Furthermore, Poland exempted forest management from respecting the obligations of strict species protection provided in the Birds and Habitats Directives in 2016, and such exemption compromises the required protection regime. The Commission sent a letter of formal notice in July 2018, followed by a reasoned opinion in July 2019. In response, Poland agreed to consider amending its law regarding the exceptions for forest management. To date, however, no progress has been made. The Commission has therefore decided to refer the case to the Court of Justice of the EU. More information is available in the press release.

Air quality: Commission refers GREECE to the Court of Justice over poor air quality

The European Commission has decided today to refer Greece to the Court of Justice of the European Union regarding poor air quality due to high levels of particulate matter (PM10). When the limit values ??set by the EU's ambient air quality legislation (Directive 2008/50 /EC) are exceeded, Member States are required to adopt air quality plans to ensure that appropriate measures are taken to keep the duration of the exceedance period as short as possible. Greece has not respected the daily limit values ??for PM10 concentrations, which have been legally binding since 2005. Greece has failed to fulfil its obligations to keep the exceedance period as short as possible and has not taken adequate measures for the reduction of the PM10 concentrations in the agglomeration of Thessaloniki. Data provided by Greece confirms the systematic exceedances in the agglomeration of Thessaloniki in fourteen years since 2005 (all years with the exception of 2013). In 2019, the latest year for which data is currently available, exceedances above the limit value were recorded on 67 days. The Commission considers that efforts by the Greek authorities have to date been unsatisfactory and insufficient. The European Green Deal, aiming to steer the EU towards a Zero Pollution ambition, puts emphasis on cutting air pollution, which is among the key factors affecting human health. Full implementation of the air quality standards enshrined in EU legislation is key to effectively protect human health and safeguard the natural environment. More information is available in the press release.

Air quality: Commission refers BULGARIA to the Court of Justice over its failure to comply with previous judgement

The European Commission has decided today to refer Bulgaria to the Court of Justice of the European Union for failing to ensure full compliance with the Court judgement of 5 April 2017 which found that Bulgaria had breached its obligations under the EU's ambient air quality legislation (Directive 2008/50/EC). In particular, Bulgaria systematically and continuously failed to comply with the limit values for particulate matter (PM10) and to adopt appropriate measures to keep the period of exceedance as short as possible. As this is a referral to Court following non-compliance with a Court judgment it may result in penalties for the time elapsed after the first judgement until achieving compliance. In order to comply with the judgement, Bulgaria is expected to adopt and implement a series of legislative and administrative measures. Data provided by Bulgaria, covering the years 2015 to 2019, confirms that the systemic and continuous breach established by the Court persists. More than three years after the judgement, Bulgaria has not yet managed to ensure that all its air quality zones and agglomerations comply with the limit values set in the Directive. Bulgaria witnesses some of the most severe exceedances in the EU of both annual and daily limit values for PM10, with the ensuing risks for its population's health. The European Green Deal, aiming to steer the EU towards a Zero Pollution ambition, puts emphasis on cutting air pollution, which is among the key factors affecting human health. Full implementation of the air quality standards enshrined in EU legislation is key to effectively protect human health and safeguard the natural environment. More information is available in the press release.

2. Internal Market, Industry, Entrepreneurship and SMEs

Letters of formal notice

Public procurement: Commission urges HUNGARY to remedy certain failures of the Hungarian Asylum Act

The Commission decided today to send a letter of formal notice to Hungary regarding the non-conformity of a provision in the Hungarian Asylum Act with the EU public procurement rules (Directive 2014/24/EU). The Hungarian law (Article 80/E(c)), together with the implementing Government Decree, provide for a wide exemption from public procurement rules. The Commission considers that such an exemption does not fulfil the conditions of either the need for "protection of essential security interests" or of "extreme urgency", which could justify an exemption from the application of EU public procurement rules. Therefore, the Commission is taking action against Hungary to ensure that this non-conformity is remedied. Hungary now has two months to reply to the arguments put forward by the Commission; otherwise, the Commission may decide to send a reasoned opinion to Hungary.

Services: Commission asks ITALY to ensure transparency and equal treatment regarding beach concessions

Today, the Commission decided to send a letter of formal notice to Italy regarding rules concerning the granting of authorisations to use public maritime domains for seaside tourism and leisure services ('beach concessions'). Member States have an obligation to ensure that authorisations that are limited in number due to a scarcity of available natural resources (e.g. beaches), are granted for a limited duration and through an open, public selection procedure based on non-discriminatory, transparent and objective criteria. The purpose is to give to all interested services providers – existing and future – the possibility to compete for the access to such limited scarce resources, to promote innovation and fair competition and benefit consumers and businesses, while protecting citizens against the risk of monopolisation of such resources. In a judgment issued on 14 July 2016 following a reference for a preliminary ruling from the regional Administrative Court of Lombardy (Joined Cases C-458/14 and C-67/15), the Court of Justice of the European Union (CJEU) established that the relevant legislation and practice at the time in Italy to automatically extend existing authorisations of beach concessions was incompatible with EU law. Italy has failed to implement the Court judgement. Furthermore, Italy has since then extended the existing authorisations until the end of 2033 and prohibited local authorities from launching or continuing open public selection procedures for the assignment of concessions that would otherwise have expired, in violation of EU law. The Commission considers that the Italian legislation, in addition to the inconsistency with EU law, contradicts in substance the CJEU's judgment mentioned above and creates legal uncertainty for beach tourism services, discourages investment in a sector that is key to the Italian economy and already hit hard by the coronavirus pandemic while also causing a potentially significant loss of income for local Italian authorities. Italy now has two months to respond to the arguments raised by the Commission, after which the Commission may decide to send a reasoned opinion.

Reasoned opinions

Recognition of professional qualifications: Commission asks LATVIA to comply with EU rules

Today, the Commission decided to send a reasoned opinion to Latvia regarding non-compliance with the EU rules on the recognition of professional qualifications (Directive 2005/36/EC as amended by Directive 2013/55/EU). Latvia has not fully remedied a number of non-compliance issues despite the letter of formal notice and the additional letter of formal notice sent in July 2018 and March 2019 respectively. In particular, non-compliance issues remain with regard to the rules on partial access to professional activities, implementation of the European Professional Card, and compliance with transparency and reporting obligations under Directive 2005/36/EC. Latvia has now two months to respond to the arguments put forward by the Commission. Otherwise, the Commission may decide to refer Latvia to the Court of Justice.

3. Migration, Home Affairs and Security Union

Additional letters of formal notice

Legal migration: Commission urges SWEDEN to ensure the correct implementation of EU rules on students and researchers

Today, the Commission decided to send an additional letter of formal notice to Sweden as regards the incorrect implementation of EU rules on the conditions of entry and residence of non-EU nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (Directive (EU) 2016/801). The Commission considers that Sweden does not fully apply equal treatment between non-EU nationals covered by this Directive and its own nationals when it comes to social security. This additional letter of formal notice extends the scope of the initial infringement procedure opened on 25 July 2019 and concerning issues such as the non-respect of deadlines for processing applications for permits, as well as restrictions to equal treatment of certain categories of non-EU nationals covered by several other Directives in the field of legal migration. Sweden now has two months to respond to the arguments put forward by the Commission. Otherwise, the Commission may decide to send a reasoned opinion.

Reasoned opinions

Security Union: The Commission calls on SLOVENIA to comply with EU rules on passenger name record data

Today, the Commission decided to send a reasoned opinion to Slovenia for failing to communicate the adoption of national legislation which fully transposes EU rules on the use of passenger name record data for the prevention, detection, investigation, and prosecution of terrorist offences and serious crime (Directive (EU) 2016/681). The Commission had sent a letter of formal notice to Slovenia on 19 July 2018. Member States had until 25 May 2018 to transpose the Directive into national law. The Directive sets out the rules for the transfer of passenger name record data (i.e. information provided by passengers to airlines when booking and checking in for flights) from airlines to EU countries and for the processing of this data by EU countries exclusively for law enforcement purposes and in full respect of data protection safeguards. The processing of passenger name record data is an important tool for fighting terrorism and serious crime, helping to trace suspicious travel patterns and identify potential criminals and terrorists, including those previously unknown to law-enforcement authorities. As highlighted in the EU Security Union Strategy for 2020-2025, over the past few years the Commission has made every effort to help Member States develop their national passenger name record systems by providing expertise and funding as well as by facilitating the exchange of best practices. However, for the benefits of the passenger name record framework to fully materialise, it is crucial that all EU Member States have their systems up and running. Slovenia now has two months to reply to the reasoned opinion.

4. Financial Stability, Financial Services and Capital Markets Union

Letters of formal notice

Financial reporting by companies: Commission invites ESTONIA to correctly transpose the Accounting Directive

Today, the Commission decided to send a letter of formal notice to Estonia on the grounds that they incorrectly transposed Directive 2013/34/EU (Accounting Directive). The Accounting Directive ensures the clarity and comparability of financial statements by setting out general rules on the preparation and publication of limited liability companies' financial statements. The Directive also requires that annual financial statements and consolidated financial statements should be audited and clarifies the context in which such a third-party assurance is expressed. In addition, this piece of EU legislation aims at limiting administrative burdens and provides for simple and robust accounting rules, especially for small and medium-sized enterprises (SMEs) and provides for certain exceptions. Estonia completed the transposition of the Directive on time to ensure the first application of its rules to companies for financial years beginning on or after 1 January 2016. Nevertheless, the Commission has identified some instances of incorrect transposition of the Directive into Estonian law in relation to the following requirements set out in the Directive: the requirement that a company's statutory auditors express an opinion on: (i) whether the management report is consistent with the financial statements for the same financial year; and (ii) whether the management report has been prepared in accordance with the applicable legal requirements; and the requirement that statutory auditors opine on certain information to be disclosed within the corporate governance statement. The Commission invites Estonia to correctly transpose those requirements of the Accounting Directive. Without a satisfactory response from Estonia within two months, the Commission may decide to proceed with a reasoned opinion.

5. Mobility and Transport

Letters of formal notice

Road transport: Commission calls on ITALY and HUNGARY to accept European Electronic Toll Service providers in their markets

Today, the Commission decided to send letters of formal notice to Italy and Hungary, for failing to fulfil their obligations under Directive 2004/52/EC and Decision 2009/750/EC related to the acceptance of European Electronic Toll Service (EETS) providers to the Italian and respectively, the Hungarian, toll domains. The European rules concern the entry onto the market of electronic tolling providers, and play a key role in the creation of a common market for EETS services in Europe, as well as in the achievement of interoperability for users. They require the conclusion of contractual negotiations between the Toll Chargers and the service providers without delay so that fair and non-discriminatory access to the tolling market for the EETS providers is ensured. Both Member States now have two months to reply to the arguments raised by the Commission. Otherwise, the Commission may send a reasoned opinion.

Single European Railway Area: Commission calls on GREECE, AUSTRIA and LUXEMBOURG to fully transpose EU law

Today, the Commission decided to send letters of formal notice to Greece, Austria and Luxembourg for failing to comply with EU rules aiming at establishing a Single European Railway Area (Directive 2012/34/EU). The legislation regulates different domains, such as the right of operators to pick up and drop off passengers, principles of establishing, determining and collecting charges and infrastructure costs, exceptions to these principles, the signing of a contractual agreement between the competent authority and the infrastructure manager, as well as cooperation between regulatory bodies. All provisions had to be transposed into national law by 16 June 2015, which did not occur in Greece, Austria or Luxemburg. Additional letters of formal notice were sent to Austria and Luxemburg for non-communication of measures foreseen under the same Directive. The three Member States now have two months to address the Commission's concerns. Otherwise, the Commission may decide to send a reasoned opinion.

Reasoned opinions

Aviation security: Commission urges SLOVENIA to approve its updated National Civil Aviation Security Programme (NASP)

Today, the Commission decided to send a reasoned opinion to Slovenia for failing to approve the updated National Civil Aviation Security Programme (NASP). According to Article 10 of Regulation (EC) No 300/2008 laying down common rules in aviation security, every Member State must draw up, apply and maintain a national civil aviation security programme. It came to light in March 2018 that the relevant Slovenian authority had not updated its NASP since 2016. In September 2020 the Slovenian authorities indicated that its Civil Aviation Authority has now drawn up an updated version of the NASP. However, the NASP still needs to be formally adopted. Slovenia now has two months to reply to the reasoned opinion; otherwise the Commission may refer the matter to the Court of Justice of the EU.

Road transport: Commission calls on LATVIA to implement rules on information services for safe and secure parking places

The Commission has addressed a reasoned opinion to Latvia for failing to communicate information on safe and secure parking. More specifically, Latvia has failed to make digitally available, through National Access Points, information related to parking places (e.g. location of parking areas and available facilities and amenities) as well as on parking places providing dynamic information (e.g. availability of parking spaces or priority zones). This is required by Regulation (EU) Nº 885/2013, which was adopted under the Intelligent Transport Systems (ITS) Directive. Truck drivers in Europe are often confronted with insufficient parking facilities and information on such facilities, and therefore often park in non-secured zones or unsafe locations. Latvia now has two months to take the necessary measures, otherwise the Commission may refer the matter to the Court of Justice of the EU.

Road transport: Commission calls on LATVIA to correctly apply rules on road safety traffic information

Today, the Commission decided to send a reasoned opinion to Latvia for not applying rules on road safety-related traffic information. This is required by Delegated Regulation (EU) Nº 886/2013 adopted under the Intelligent Transport Systems (ITS) Directive. Access to road safety-related traffic data is essential for improving safety on European roads, and for providing information services to road users. This legislation requires Member States to make such data available for exchange and re-use through national access points. This helps ensure that information services are compatible and continuous across the EU. Latvia now has two months to correctly apply these rules; otherwise the Commission may refer the matter to the Court of Justice of the EU.

Intelligent transport: Commission requests LATVIA to correctly apply EU rules on real-time traffic information services

Today, the Commission decided to send a reasoned opinion to Latvia for not applying EU rules on the provision of EU-wide real-time traffic information services. This is required by Delegated Regulation (EU) Nº 2015/962 adopted under the Intelligent Transport Systems (ITS) Directive. This Regulation seeks to improve the accessibility, exchange, re-use and update of the data required to provide high-quality and continuous real-time traffic information services across the EU via national access points. Real-time traffic information services help reduce congestion, air pollution and noise stemming from transport. This data is also essential for producing up-to-date and accurate digital maps, which are crucial for smart mobility applications. Latvia now has two months to apply the rules; otherwise the Commission may refer the matter to the Court of Justice of the EU.

Intelligent transport: Commission urges four Member States to correctly apply EU rules on providing EU-wide multimodal travel information services

Today, the Commission decided to send reasoned opinions to Bulgaria, Croatia, Latvia and Slovenia for not applying EU rules on the provision of EU-wide multimodal travel information services. This is required by Delegated Regulation (EU) Nº 2017/1926, which was adopted under the Intelligent Transport Systems (ITS) Directive. Travellers in Europe often lack sufficient door-to-door travel information. This is why Member States are required to establish national access points to make data supporting multimodal travel information services accessible. Ultimately, this will help provide travellers with an overview of all travel options available to them, while highlighting the most sustainable ones. This information will also ensure that passengers are better prepared should disruptions occur, and that travellers with disabilities or reduced mobility are supported. The countries concerned now have two months to reply to the reasoned opinion; otherwise the Commission may refer the matter to the Court of Justice of the EU.

Road Transport: Commission calls on BELGIUM to comply with EU rules regarding the replacement of lost or stolen driving licences

Today, the Commission decided to send a reasoned opinion to Belgium for failing to fulfil its obligations under Directive 2006/126/EC on driving licences. This Directive sets the conditions for replacing European driving licences in the event of loss or theft, notably when the Member State of residence is not the Member State that issued the driving licence. According to the Directive, when the holder of a European driving licence needs to replace it because it has been lost or stolen, it is for the authority of the residence state to provide the replacement on the basis of the information in their possession or, where appropriate, proof from the competent authorities of the Member State which issued the original licence. In any case, the holder of the driving licence should not need to request that information from the Member State that issued the original licence. According to Belgium´s national law, in case of theft or loss, the persons concerned and residing in Belgium, may be requested to provide a certificate from the authority having delivered the initial driving licence. The Commission considers that this runs counter to the Directive. Belgium now has two months to reply, otherwise the Commission may decide to refer it to the Court of Justice of the EU.

Safety requirements for tunnels: Commission urges BELGIUM, BULGARIA, CROATIA, ITALY and SPAIN to fully implement the Directive on safety measures in major road tunnels

Today, the Commission decided to send reasoned opinions to Belgium, Bulgaria, Croatia, Italy and Spain for not complying with all requirements of Directive 2004/54/EC. This Directive sets minimum safety measures relating to the infrastructure and operation of tunnels. It applies to all tunnels in the trans-European road network longer than 500 metres. The Member States concerned have not implemented the full set of required measures to ensure the highest safety standards in certain tunnels falling within this scope. Today's reasoned opinions follow the letters of formal notice sent by the Commission in October 2019, the replies to which are not considered to ensure compliance. The concerned Member States now have two months to notify the Commission of measures taken to remedy this situation, otherwise the Commission may decide to refer the case to the Court of Justice of the EU.

6. Justice

Letters of formal notice

European Arrest Warrant: Commission opens infringement procedure against CZECHIA, ESTONIA, ITALY, LITHUANIA, AUSTRIA, and POLAND for incomplete and incorrect transposition of EU rules

Today, the Commission decided to send letters of formal notice to Czechia, Estonia, Italy, Lithuania, Austria, and Poland, for the incomplete and/or incorrect transposition of the Framework Decision on the European arrest warrant (2002/584/JHA). The European arrest warrant provides for streamlined cross-border judicial surrender procedures: if a judge or magistrate of any Member State issues a warrant for the arrest and detention of a suspect who has committed a serious crime, this warrant is valid in the entire territory of the EU. Operational since 1 January 2004, the warrant has replaced the lengthy extradition procedures that used to exist between EU Member States. To ensure the proper functioning of the European arrest warrant, it is essential that all Member States fully and correctly incorporate all provisions of the Framework Decision into their national law. Czechia, Estonia, Italy, Lithuania, Austria, and Poland, have failed to do so, for example by treating their nationals favourably in comparison to EU citizens from other Member States or providing additional grounds for refusal of warrants not provided for in the Framework Decision. This is why, the Commission decided today to send letters of formal notice to these Member States. The Member States have two months to take the necessary measures to address the shortcomings identified by the Commission. Otherwise, the Commission may decide to send a reasoned opinion. The Commission sent a letter of formal notice to Ireland on 30 October 2020 and it continues with its assessment on the completeness and correctness of the transposition of the Framework Decision in relation to other Member States. Find more information about the European Arrest Warrant.

Additional letters of formal notice

Rule of Law: Commission follows up on infringement procedure to protect judicial independence of Polish judges

Today, the Commission decided to send an additional letter of formal notice to Poland regarding the continued functioning of the Disciplinary Chamber of the Supreme Court. The letter is adding a new grievance to the infringement procedure started on 29 April 2020 against Poland regarding the legislative changes affecting the judiciary. It does not replace the grievances already included in the reasoned opinion, which the Commission sent on 30 October 2020. In its additional Letter of Formal Notice, the Commission considers that Poland violates EU law by allowing the Disciplinary Chamber of the Supreme Court – the independence and impartiality of which is not guaranteed – to decide on further matters which directly affect judges. These matters include cases for the lifting of immunity with a view to holding judges criminally responsible or possibly detaining them as well as cases concerning labour law and social security for Supreme Court judges and cases concerning the retirement of a Supreme Court judge. By giving the Disciplinary Chamber powers that directly affect the status of judges and the exercise of their judicial activities, the Polish legislation jeopardises the ability of the respective courts to provide an effective remedy, as required by the second subparagraph of Article 19(1) TEU, read together with Article 47 of the Charter. The mere prospect for judges of having to face proceedings before a body whose independence is not guaranteed is liable to affect their own independence. The Polish Government has one month from today to reply to the additional Letter of Formal Notice.

Reasoned opinions

Fight against fraud: Commission urges IRELAND and ROMANIA to communicate transposition measures on the EU rules to fight against fraud to the Union's budget

Today, the Commission decided to send reasoned opinions to Ireland and Romania for failing to communicate the transposition of EU rules into their national law on the fight against fraud to the Union's financial interests by means of criminal law ('the PIF Directive' (EU) 2017/1371). Member States had until July 2019 to inform the Commission of the measures taken to implement the Directive. These rules increase the level of protection of the EU budget by harmonising the definitions, sanctions and limitation periods of criminal offences affecting the Union's financial interests. The Directive also lays the foundation for the material competence of the European Public Prosecutor's Office (EPPO), which will investigate, prosecute and enforce these offences. The Commission opened the infringement procedures by sending a letter of formal notice to Ireland and Romania in September 2019. Following today's reasoned opinions, the Member States concerned have two months to reply to the arguments raised by the Commission. Otherwise, the Commission may decide to refer the case to the Court of Justice of the EU.

Referrals to the Court of Justice of the European Union

Criminal justice: Commission refers IRELAND to the Court of Justice of the EU for failing to transpose EU rules concerning the rights of suspects and prisoners

Today, the Commission decided to refer Ireland to the Court of Justice of the EU for failing to transpose EU rules regarding the rights of suspects and prisoners into Irish national law. Ireland has failed to transpose two mutual recognition Framework Decisions: the "Transfer of prisoners" Framework Decision (2008/909/JHA) and the "European Supervision Order" Framework Decision (2009/829/JHA). Ireland notified the Commission of draft laws aiming to transpose the Framework Decisions. However, a draft law cannot be considered a transposition measure. Ireland still has to adopt measures that would transpose the Framework Decisions into its national law and to notify them to the Commission. For more information, please refer to the full press release.

7. Energy and climate

Letters of formal notice

Energy performance of buildings: Commission calls on THIRTEEN Member States and THE UNITED KINGDOM to submit their national long-term renovation strategies

The Commission decided today to send letters of formal notice to Belgium, Bulgaria, Croatia, Greece, Hungary, Italy, Lithuania, Malta, Poland, Portugal, Slovakia, Slovenia, Romania, and the United Kingdom for failing to submit their national long-term renovation strategies. Under the Energy Performance of Buildings Directive (Directive 2010/31/EU), Member States were under an obligation to submit to the Commission their national long-term renovation strategies by 10 March 2020. These long-term renovation strategies are a key piece of the Directive, setting the path, policy measures and finance mobilisation needed to decarbonise their existing building stock by 2050. This is important as the EU building sector is the largest single energy consumer in Europe and is responsible for 36% of the greenhouse gas emissions from energy in the EU. To date, only 14 Member States have submitted their strategies, as required by the Directive. With regard to Belgium, the country has submitted only the regional strategies for the Brussels Capital Region and the Flanders Region, but not for the Walloon Region. Therefore, this country has not communicated to the Commission its national strategy yet. The Member States concerned have two months to comply with its legal obligations. Otherwise, the Commission may decide to send a reasoned opinion.

Oil security of supply: Commission calls on BULGARIA, CZECHIA and ROMANIA to comply with the EU rules on emergency stocks of crude oil and petroleum products

Today, the Commission decided to send letters of formal notice to Bulgaria, Czechia and Romania requesting to take action to ensure full application of the EU legislation on oil stocks. The Oil Stocks Directive (Council Directive 2009/119/EC) requires that Member States maintain minimum stocks of crude oil and/or petroleum products equivalent to at least 90 days of average daily net imports or 61 days of average daily inland consumption, whichever of the two quantities is greater. The Directive had to be transposed into the national law by the Member States by 31 December 2012. Given the role of oil in the EU's energy mix, the EU's strong external dependence for supply of crude oil and petroleum products and the geopolitical uncertainty in many producer regions, it is vital to guarantee consumers' access to petroleum products. The Commission observed that these three Member States have repeatedly, some as long as since January 2013, failed to meet their obligation to maintain minimum emergency stocks of crude oil. The Commission therefore concluded that the low level of stocks observed are not due to exceptional circumstances, but rather represents a structural non-compliance with the Directive. The Member States concerned have two months to reply to the arguments raised by the Commission. Otherwise, the Commission may decide to send a reasoned opinion.

Radioactive waste: Commission calls on PORTUGAL to adopt a national programme for radioactive waste management compliant with EU rules and requests THE UNITED KINGDOM to correctly transpose EU rules in Gibraltar

Today, the Commission decided to send a letter of formal notice to Portugal for failing to adopt a national programme for radioactive waste management compliant with the requirements of the Spent Fuel and Radioactive Waste Directive (Council Directive 2011/70/Euratom) and a reasoned opinion to the United Kingdom for failing to correctly transpose certain requirements of the same Directive. Radioactive waste is generated from the production of electricity in nuclear power plants, but also from the non-power-related use of radioactive materials for medical, research, industrial and agricultural purposes. This means that all Member States generate radioactive waste. The Directive establishes a Community framework requiring the responsible and safe management of spent fuel and radioactive waste to ensure a high level of safety and avoid imposing undue burdens on future generations. In particular, it requires Member States to draw up and implement national programmes for the management of all spent fuel and radioactive waste generated on their territory, from generation to disposal. The aim is to protect workers and the general public from the dangers arising from ionising radiation. Member States were required to transpose the Directive by 23 August 2013 and to notify their national programmes for the first time to the Commission by 23 August 2015. The Member States concerned have two months to reply to the Commission. Otherwise, in the absence of a satisfactory response, the Commission may decide to send a reasoned opinion to Portugal and to refer the United Kingdom to the Court of Justice of the EU.

Basic safety standards: Commission calls on CROATIA, THE NETHERLANDS and LITHUANIA to transpose EU radiation protection legislation

The Commission decided today to send letters of formal notice to Croatia, the Netherlands and Lithuania requesting the complete transposition of the revised Basic Safety Standards Directive (Council Directive 2013/59/Euratom) into their national legislation. Member States were required to transpose the Directive by 6 February 2018, but the Commission considers that the abovementioned countries have failed to do so in a complete manner. The Directive, which modernises and consolidates EU radiation protection legislation, lays down basic safety standards to protect the general 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 Member States concerned have two months to reply to the arguments raised by the Commission. Otherwise, the Commission may decide to send them a reasoned opinion.

8. Taxation and Customs Union

Letters of formal notice

Taxation: Commission requests GREECE to change its inheritance tax rules on bank account deposits and shares in mutual funds jointly held by spouses

Today, the Commission decided to send a letter of formal notice to Greece urging it to change its inheritance tax legislation on bank account deposits and shares in mutual funds jointly held by spouses. Greece currently grants an inheritance tax exemption for these inheritances. However, it limits this exemption only to those jointly held bank accounts and shares in mutual funds that are offered by Greek financial institutions. The Commission deems that these rules infringe the free movement of capital (Article 63(1) of the TFEU and Article 40 of the EEA Agreement). Greece has two months to reply to the arguments raised by the Commission. Otherwise, the Commission may decide to send a reasoned opinion.

Referrals to the Court of Justice of the European Union

Taxation: Commission decides to refer the United Kingdom to the Court of Justice of the EU due to its failure to comply with EU rules on marked fuel

Today, the Commission decided to refer the United Kingdom to the Court of Justice of the EU and to request that the Court order the payment of financial penalties for the UK's failure to comply with EU rules on marked fuel. In its judgment of 17 October 2018 (Commission v United Kingdom, C-503/17), the Court found that, by allowing the use of marked fuel for the purposes of propelling private pleasure craft even where that fuel is not subject to any exemption from or reduction in excise duty, the UK has failed to fulfil its obligations under EU rules on the fiscal marking of gas oils and kerosene (Council Directive 95/60/EC). As of today, the UK has still not amended its rules to comply with EU law as laid down in the ruling. On 15 May 2020, the Commission sent the UK a letter of formal notice under Article 260(2) TFEU. However, the UK has not taken appropriate steps to implement the Court's judgment. Therefore, and as part of today's decision, the Commission is also calling on the Court of Justice of the EU to impose financial sanctions. The press release is available online.

9. Economic and financial affairs

Letters of formal notice

Euro counterfeiting: Commission calls on FRANCE to correctly apply EU rules on protecting currencies against counterfeiting

Today, the Commission decided to send a letter of formal notice to France for incorrectly applying EU rules relating to the protection of the euro and other currencies against counterfeiting. These rules, laid down in Directive 2014/62/EU, are essential for reinforcing the EU framework for fighting against counterfeit notes and coins. France has not correctly transposed the Directive's provision related to the criminalisation of the import and export of counterfeit currency and the criminalization of obtaining counterfeit currency. Moreover, France has not correctly transposed the Directive's provisions related to the maximum level of penalty for the reception of counterfeit currency, which should include imprisonment. France also did not transpose correctly the Directive's provisions related to the jurisdiction when counterfeit money is discovered on the national territory. Lastly, national law provisions do not establish the obligation of national authorities to authorise the analysis of samples without any delay and to transmit counterfeit euro notes and coins for analysis by the National Analysis Centre during criminal proceedings. The Directive provides that the transmission of samples should be obligatory at the latest at the time of the final national Court decision, and that their examination should be authorized without any delay in order to help detect and identify further counterfeit notes and coins. France has now two months to reply to the letter of formal notice. In the absence of a satisfactory response, the Commission may decide to send a reasoned opinion.

Reasoned opinions

Euro counterfeiting: Commission calls on IRELAND to correctly transpose EU rules on protecting currencies against counterfeiting

Today, the Commission decided to send a reasoned opinion to Ireland for not applying EU rules relating to the protection of the euro and other currencies against counterfeiting. These rules, laid down in Directive 2014/62/EU, are essential for reinforcing the EU framework for fighting against counterfeit notes and coins. The transposition deadline elapsed on 23 May 2016. Ireland has failed to communicate adopted national measures transposing the Directive within the deadline. The reasoned opinion is a follow up of the Letter of Formal Notice for non-communication sent earlier to Ireland. Ireland now has two months to take the necessary measure in order to transpose this Directive.

10. Jobs and social rights

Letters of formal notice

Free movement of workers: The Commission calls on GREECE to remove the requirement of Greek nationality to access high-level public posts

The Commission today launches infringement proceedings by sending a letter of formal notice to Greece for failing to comply with EU law on the freedom of movement for workers and the abolition of discrimination based on nationality between workers in the EU. In the public administration and in a number of public entities, access to high-level posts is restricted to Greek nationals. It concerns the posts of General Director, Director and Head of Department. Based on Article 45 of the Treaty on the Functioning of the European Union (TFEU), there should be no discrimination based on nationality between workers of different Member States. The Court of Justice of the European Union confirmed that Member States can only reserve a post in their public service exclusively for their own nationals in cases where the post involves direct or indirect participation in the exercise of powers conferred by public law, and duties designed to safeguard the general interests of the State or of other public authorities. This has to be decided on a case-by-case basis based on the nature and responsibilities of the post. A generalised exclusion of EU workers from public posts based on their hierarchical level is contrary to EU law. Greece has two months to reply to the arguments raised by the Commission. Otherwise, the Commission may decide to send a reasoned opinion.

Additional letters of formal notice

Working conditions: The Commission urges ITALY to prevent abuse of fixed-term contracts and avoid discriminatory employment conditions in the public sector

Today, the Commission decided to send a supplementary letter of formal notice to Italy, as public sector workers are still not sufficiently protected against abusive successive fixed-term contracts and discrimination as required under EU rules (Council Directive 1999/70/EC). To date, several categories of public sector workers in Italy lack protection against the use of successive fixed-term contracts. This includes teachers, healthcare workers, workers in the higher arts, music and dance education sector, staff of some musical production foundations, academic personnel, agricultural workers and voluntary staff of the national fire brigade. These workers also have less favourable working conditions compared to permanent workers. Furthermore, Italy does not have sufficient safeguards in place to prevent discrimination regarding seniority. The Commission launched the infringement procedure by sending a letter of formal notice to the Italian authorities in July 2019. As the explanations provided by Italy were not satisfactory, the Commission is now following up with an additional letter of formal notice. Italy has two months to notify the Commission of the concrete measures taken to comply with the Directive. Failing that, the Commission may decide to send a reasoned opinion.

Reasoned opinions

Beating cancer: The Commission urges SPAIN and FRANCE to comply with EU rules protecting workers from exposure to cancer-causing chemicals

The European Commission has addressed reasoned opinions to Spain and France for failing to communicate their national law transposing EU rules designed to protect workers from cancer-causing chemicals (Directive 2017/2398). This Directive is the first revision the Carcinogens and Mutagens Directive (2004/37/EC) and sets new or revised limit values for workers' exposure to 13 cancer-causing chemicals. For example, the respirable chemical crystalline silica dust is included, which affects a high number of workers and is a leading cause of occupational lung cancer. To date, the Commission has proposed four updates of the Carcinogens and Mutagens Directive. Member States were required to transpose the first update of the Directive and communicate national transposition measures to the Commission by 17 January 2020. The Commission had already sent a letter of formal notice in May 2020 to Spain and France and is now following up with a reasoned opinion. Both Member States have two months to address the arguments raised by the Commission. In case of failure to do so, the Commission may decide to refer them to the Court of Justice of the EU.

Source: European Commission

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