February 2023 infringements package: key decisions
15 February 2023by eub2 -- last modified 15 February 2023
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 93 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
Letters of formal notice
Marine environment: Commission calls on BULGARIA, DENMARK, ESTONIA, GREECE, CROATIA, CYPRUS, LATVIA, LITHUANIA and MALTA to protect their marine waters
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Bulgaria (INFR(2022)2172), Croatia (INFR(2022)2177), Cyprus (INFR(2022)2173), Denmark (INFR(2022)2174), Estonia (INFR(2022)2175), Greece (INFR(2022)2176), Latvia (INFR(2022)2180), Lithuania (INFR(2022)2179), and Malta (INFR(2022)2181) for failing to comply with the Marine Strategy Framework Directive (Directive 2008/56/EC). The directive aims to protect the EU's seas and oceans and ensure that their resources are managed sustainably.
Under the directive, Member States were required to review and update their 'monitoring programmes' by 15 October 2020 and their 'programmes of measures' by 31 March 2022.
The Member States concerned failed to submit reports on the review of their programmes of measures to the Commission by the required deadlines. Bulgaria and Malta also failed to send reports on the review of their monitoring programmes.
As a result, the Commission decided today to send a letter of formal notice to Bulgaria, Croatia, Cyprus, Denmark, Estonia, Greece, Latvia, Lithuania and Malta. They now have two months to respond and address the shortcomings raised. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Water management: Commission calls on 16 Member States to finalise review of their water plans
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Belgium (INFR(2022)2188), Bulgaria (INFR(2022)2189), Croatia (INFR(2022)2193), Cyprus (INFR(2022)2190), Denmark (INFR(2022)2184), Greece (INFR(2022)2191), Ireland (INFR(2022)2185), Lithuania (INFR(2022)2194), Luxembourg (INFR(2022)2186), Malta (INFR(2022)2195), Poland (INFR(2022)2196), Portugal (INFR(2022)2197), Romania (INFR(2022)2198), Slovakia (INFR(2022)2187), Slovenia (INFR(2022)2199) and Spain (INFR(2022)2192) for failing to finalise the revision of the river basin management plans as required under the Water Framework Directive (Directive 2000/60/EC) and/or the 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 risk, 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 on the basis of maps showing the potential adverse consequences associated with flood scenarios.
Sustainable water management is a core element of the European Green Deal. The following Member States failed to comply with their obligations under either one or both of the Directives:
- Belgium (INFR(2022)2188), Bulgaria (INFR(2022)2189), Croatia (INFR(2022)2193), Cyprus (INFR(2022)2190), Greece (INFR(2022)2191), Spain (INFR(2022)2192) Lithuania (INFR(2022)2194), Malta (INFR(2022)2195), Portugal (INFR(2022)2197), Romania (INFR(2022)2198) and Slovenia (INFR(2022)2199)have failed to review, adopt and report in time all their third river basin management plans and second flood risk management plans;
- Denmark (INFR(2022)2184), Ireland (INFR(2022)2185) and Poland (INFR(2022)2196) are beyond legal time limits as regards the review, adoption and reporting of the third river basin management plans;
- Luxembourg (INFR(2022)2186) and Slovakia (INFR(2022)2187) are beyond legal time limits as regards the review and adoption and reporting of second flood risk management plans.
The Commission is therefore sending a letter of formal notice to these 16 Member States, which now have two months to respond and address the shortcomings raised. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Nature: Commission calls on MALTA to cease spring hunting of turtle dove
Today, the European Commission decided to send an additional letter of formal notice to Malta (INFR(2020)2345) for spring hunting of turtle dove and to correctly apply the Birds Directive (Directive 2009/147/EC). The directive requires a general system of protection for wild birds and allows derogations only subject to strict conditions. The European Green Deal and the Biodiversity Strategy for 2030 aim for the EU to halt biodiversity loss by protecting and restoring nature.
Malta has authorised derogations for the hunting of quail since 2011, and the live-capturing of golden plover and song thrush since 2012, and also failed to establish a general system of protection of wild birds against illegal killing and capturing. Therefore, a letter of formal notice was sent on 3 December 2020. On 8 April 2022, Malta extended the spring hunting derogation to cover the turtle dove. This derogation fails to comply with the conditions laid down in the Birds Directive, and goes against the ongoing conservation efforts of the Member States and the Commission.
To also address its concerns regarding spring hunting of turtle dove, the Commission is now sending an additional letter of formal notice to Malta, which has two months to respond and address the shortcomings raised. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Major accidents involving dangerous substances: Commission calls on AUSTRIA to improve prevention rules
Today, the European Commission decided to send an additional letter of formal notice to Austria (INFR(2020)2104) for failure to bring its national legislation fully in line with Directive 2012/18/EU (the 'Seveso III' Directive) on the control of major-accident hazards involving dangerous substances. The directive applies to over 12 000 industrial installations across the EU and lays down rules to prevent major industrial accidents and minimise their harmful impacts on human health and the environment. Sectors like the chemical and petrochemical industry and the fuel wholesale and storage sectors are covered by its scope. The European Green Deal and the Zero Pollution Action Plan set a zero-pollution ambition for the EU, which benefits public health, the environment and climate neutrality.
The Commission sent a letter of formal notice to Austria in May 2020. In response, Austria amended its national laws. However, these laws do not ensure that the public concerned has access to justice relating to the siting and planning of new installations. The Commission is therefore sending an additional letter of formal notice to Austria, which now has two months to respond and address the shortcomings raised. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Reasoned opinions
Nature protection: Commission calls on GREECE to comply with EU law when planning wind farm projects
Today, the European Commission decided to send a reasoned opinion to Greece (INFR(2014)4073) for not complying with the Habitats Directive (Directive 92/43/EEC) when planning wind farm projects. According to the directive, all plans and projects that are likely to have a significant impact on Natura 2000 sites must be subject to an appropriate assessment of their impacts on the sites. However, the existing plan for renewables called "special framework for spatial planning and sustainable development for renewable energy resources" had been authorised without such an assessment having first been carried out. This means that projects are being authorised on the basis of a plan that does not comply with EU legislation.
The European Green Deal and the Biodiversity Strategy for 2030 indicate that it is crucial for the EU to halt biodiversity loss by protecting and restoring biodiversity.
The Commission sent a letter of formal notice to Greece in July 2014. Since then, the plan has still not been revised or subjected to the appropriate assessment, as required by the Habitats Directive. Despite the Commission's offer of technical support, the procedure to revise the plan has still not been completed.
Therefore, the Commission has decided to issue a reasoned opinion to Greece, 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.
Drinking water: Commission calls on FRANCE to guarantee clean drinking water
Today, the European Commission decided to send a reasoned opinion to France (INFR(2020)2273) for failure to fully implement EU law on the quality of drinking water. The Drinking Water Directive (Directive 98/83/EC) aims to protect human health against the harmful effects of contamination of water intended for human consumption by ensuring its safety and cleanliness. The European Green Deal sets a Zero Pollution ambition which benefits public health, the environment and climate neutrality.
For a long time, the drinking water supplied to tens of thousands of people in France has contained excessive amounts of nitrates. The Commission sent a letter of formal notice to France in October 2020. While France took adequate measures for some drinking water distribution units, the drinking water currently supplied to several thousands of people in France still does not meet the limit value for nitrates, in violation of the Drinking Water Directive.
Therefore, the Commission has decided to issue a reasoned opinion to France, 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.
Water: Commission calls on ITALY to better protect its population and ecosystems from nitrates pollution from agriculture
Today, the European Commission decided to send a reasoned opinion to Italy (INFR(2018)2249) for failure to fully comply with the Nitrates Directive (Directive 91/676/EEC) and better protect its waters from pollution caused by nitrates from agricultural sources.
The directive aims to protect surface and ground water against pollution from agricultural sources. The European Green Deal, with its Zero Pollution ambition, calls for air, water and soil pollution to be reduced to levels no longer considered harmful to human health and natural ecosystems.
Under the Nitrates Directive, Member States are required to monitor their waters and identify those affected or likely to be affected by pollution caused by nitrates from agricultural sources and by eutrophication. They are also required to designate areas of land that drain into these waters as Nitrate Vulnerable Zones and set up appropriate action programmes to prevent and reduce such pollution.
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 in several regions. Subsequently, although some progress was made by the Italian authorities, the Commission found that measures were still needed to address the remaining problems. Moreover, some additional problems had emerged in the meantime, such as the shortening of a continuous closure period (during which the application of fertilisers is prohibited). For these reasons, an additional letter of formal notice was sent to Italy in December 2020. Since then, the Commission recognises that some grievances have been resolved, but the Commission's concerns remain for other breaches in several regions, where the situation in groundwater polluted by nitrates is not improving or the problem of eutrophication in surface waters is worsening. Therefore, the Commission has decided to issue a reasoned opinion to Italy, 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.
Environmental liability: Commission calls on DENMARK to fully transpose the Environmental Liability Directive into national legislation
Today, the European Commission decided to send a reasoned opinion to Denmark (INFR(2020)2109) for failing to ensure that its national legislation clearly and unambiguously allows all categories of natural and legal persons mentioned in the Environmental Liability Directive (Directive 2004/35/CE) to submit observations relating to environmental damage to the competent authorities and request that they take remedial action.
The Environmental Liability Directive envisages that environmental damage can be prevented or remedied by giving the right to natural and legal persons to request that the competent authority asks from a liable operator to take preventive and remedial action. The directive also aims to make sure the financial consequences of the remedial action are borne by the economic operator who caused the damage.
Following a clarification by the Court of Justice of the European Union in case C-529/15, the Commission is of the view that the Danish legislation does not guarantees that all persons mentioned in Article 12(1) of the directive can make claims against environmental damage.
The Commission sent a letter of formal notice to Denmark in July 2020. In its reply to the letter, Denmark contested the alleged breach and informed the Commission that it had not amended its legislation transposing the directive. In light of this, the Commission maintains that the rights of persons likely to be affected by environmental damage are not sufficiently clear from the Danish legal texts because they require interpretation.
Therefore, the Commission has decided to issue a reasoned opinion to Denmark, 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.
Referrals to the Court of Justice
Water pollution: Commission decides to refer BELGIUM to the Court over nitrates in Wallonia and calls on the country to protect its waters from nitrate pollution in Flanders
The European Commission has decided today to refer Belgium (INFR(2013)4118) to the Court of Justice of the European Union for failing to take sufficient action on nitrate pollution in Wallonia. Under the Nitrates Directive (91/676/EEC), Member States should monitor their waters and identify those affected or likely to be affected by pollution caused by nitrates from agricultural sources. They are also required to designate agricultural areas of land that drain into these waters as Nitrate Vulnerable Zones and set up appropriate action programmes to prevent and reduce the nitrate pollution. These action plans must be reviewed and/or revised every four years so that they can remain fit for purpose. The action programme applicable in the Walloon region dates back to 2014 and should have been revised in 2018. Nitrates pollution is still increasing in about 30% of the monitored groundwater stations, and the Belgian authorities have not yet included in their action programme the mandatory measures to prevent and reduce nitrates pollution. Therefore, the Commission has decided to refer today Belgium to the European Court of Justice. More information is in the press release.
In addition, the Commission is also sending a letter of formal notice to Belgium (INFR(2022)2051) on the issue of nitrates pollution in Flanders. Water quality has severely deteriorated in the Flemish region, and is now among the worst in the EU with all surface waters in a eutrophic state. Successive nitrates action plans for Flanders have failed to deliver expected results since 2015. The Commission is therefore urging Belgium to immediately take the reinforced action required. Belgium now has two months to respond to the letter and address the shortcomings identified by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Waste pollution: the Commission decides to refer CROATIA back to the Court of Justice of the European Union for continued pollution problems caused by an illegal landfill
Today, the European Commission decided to refer Croatia back to the Court of Justice of the European Union for failing to fully comply with the Court judgment of 2 May 2019. In this judgment, the Court found that Croatia had failed to meet its obligations under the Waste Framework Directive (Directive 2008/98/EU) in relation to an illegal landfill site in Biljane Donje.
Some 140 000 tonnes of production residue of processing of ferromanganese and silicomanganese has been deposited since 2010 directly on this illegal landfill site, less than 50 metres from houses. The Court found that, being waste, the material had to be managed without endangering human health and without harming the environment. Moreover, Croatia had to take necessary measures to ensure that the holder of the waste disposed of in Biljane Donje treats the waste itself or has it treated by a trader, an establishment or a company carrying out waste treatment operations or a public or private waste collector.
To comply with the Court judgment, Croatia is expected to take all the necessary measures so this illegal landfill site in Biljane Donje is closed and rehabilitated as soon as possible. More than three years after the judgment, Croatia has not taken any tangible steps: the abandoned waste creates health and environmental risks. It is not clear how the waste will be disposed of and when the site will be cleaned.
In the absence of any measures taken, the Commission decided to refer Croatia back to the Court. This is a second referral to Court which may result in financial penalties for the time elapsed from the first judgment until achieving compliance. More information is in the press release.
Waste pollution: Commission decides to refer SLOVENIA back to the Court of Justice for continued pollution problems caused by an illegal landfill
Today, the European Commission decided to refer Slovenia (INFR(2012)4150) back to the Court of Justice of the European Union for failing to fully comply with the Court judgment of 16 July 2015, which found that Slovenia failed to meet its obligations under the Waste Framework Directive (Directive 2008/98/EU) and the Landfill Directive (Directive 1999/31/EU). In that judgment, the Court found that Slovenia violated both the Waste Framework and the Landfill Directives, as two landfills in Celje were illegal. To this day, Slovenia has not complied with its obligations as regards the one of the two landfills (Bukovžlak) as no rehabilitation works have started yet.
To comply with the Court judgments, the Member State is expected to take all the necessary measures so that these illegal landfills are closed and rehabilitated as soon as possible due to the health and environmental risks.
Because the repeated delays in taking the necessary measures, the Commission decided to refer Slovenia back to the Court. This is a second referral to Court which may result in financial penalties for the time elapsed after the first judgment until achieving compliance. More information is in the press release.
2. Internal Market, Industry, Entrepreneurship and SMEs
Letters of formal notice
Free movement of services: Commission takes action to ensure a well-functioning single market
Today, the European Commission decided to launch and to pursue 24 cases against several Member States for various breaches of services-related legislation. These decisions are taken to ensure the correct implementation of rules aiming at the good functioning of the single market for services.
The Commission has decided to open and pursue infringement procedures relating to the EU Proportionality Test Directive. In particular, the Commission has decided to send 11 additional letters of formal notice to Bulgaria (INFR(2021)2206), Czechia (INFR(2021)2201), Greece (INFR(2021)2200), France (INFR(2021)2202), Croatia (INFR(2021)2198), Cyprus (INFR(2022)2055), Latvia (INFR(2021)2257), Hungary (INFR(2021)2192), the Netherlands (INFR(2021)2197), Austria (INFR(2021)2205), and Slovakia (INFR(2021)2204) while Estonia (INFR(2022)2169) will be receiving a letter of formal notice to ensure that the introduction of professional regulations via parliamentary amendments is covered by a prior proportionality assessment.
In addition, the Commission decided to send 5 reasoned opinions to Germany (INFR(2021)2212), Spain (INFR(2021)2256), Lithuania (INFR(2021)2207), Poland (INFR(2021)2208), and Slovenia (INFR(2021)2195) for not having properly implemented the EU Proportionality Test Directive for regulation of professions.
Concerning the enforcement of the Services Directive, the Commission has decided to open an infringement against Malta (INFR(2022)2210), Poland (INFR(2022)2211) and Slovenia(INFR(2022)2209) for having in place a total prohibition on the advertising of lawyers' activities. The Commission has also decided to open an infringement against Cyprus (INFR(2022)2170) for having in place prohibitions to team up with other professions in real estate agency companies and Slovenia (INFR(2022)4119) for fixing minimum tariffs for certain real estate intermediation services.
Moreover, the European Commission decided to open an infringement procedure by sending a letter of formal notice to Belgium (INFR(2022)4120) for having in place a disproportionate guarantee scheme for certain construction services, and to Spain (INFR(2022)4121) for having failed to ensure a transparent and impartial selection procedure for the granting of concessions relating to coastal areas. All Member States concerned have two months to respond to the arguments raised by the Commission. Otherwise, the Commission may decide to take the next step in the procedure. A press release is available here.
Fertilisers: Commission calls on BULGARIA, CROATIA and SLOVENIA to adopt procedures for the notification of conformity assessment bodies in the sector
Today, the European Commission decided to open an infringement procedure by sending a letter of formal notice to Bulgaria (INFR(2022)2214), Croatia (INFR(2022)2215) and Slovenia (INFR(2022)2216)for failing to implement the Fertilising Products Regulation (EU) 2019/1009. The regulation formulates obligations for Member States to adopt the national rules needed for the designation of notifying authorities. These authorities designate, assess and monitor conformity assessment bodies in charge of supporting manufacturers in CE-marking their products. Only a notified conformity assessment body is entitled to perform the conformity assessment activities laid down in the regulation.
Bulgaria did not designate a notifying authority nor lay down procedures for conformity assessment bodies while Croatia's and Slovenia's notifying authorities failed to lay down such procedures.
Due to the missing procedures, conformity assessment bodies established in the three Member States cannot request to be notified by the notifying authority. Therefore, products cannot be placed on the market as CE-marked products unless fertilizing products' manufacturers choose to have their products assessed in another Member State. However, this could lead to higher costs for manufactures to CE-mark and could even discourage them from having their product CE-marked.
Bulgaria, Croatia and Slovenia now have two months to address the concerns raised by the Commission. Otherwise, the Commission may decide to send a reasoned opinion to these Member States.
Commission calls on FRANCE to ensure that its labelling requirements concerning waste sorting instructions comply with the principle of free movement of goods
Today, the European Commission decided to open an infringement procedure by sending a letter of formal notice to France (INFR(2022)4028) for failure to address its labelling requirements concerning waste sorting instructions. To be placed on the French market, household products belonging to an extended producer responsibility (EPR) scheme have to be materially labelled with the 'Triman logo', signage informing that the product is the object of sorting rules, and the 'infotri', information specifying the methods for sorting.
The provision of waste sorting instructions to consumers is currently not governed by harmonised EU rules. National laws adopted in this field shall not create unnecessary burden internal market trade. In this context, the imposition of national-specific labelling requirements risks undermining the principle of free movement of goods and can lead to counterproductive environmental effects. Such measures can also lead to increased material needs for additional labelling and additional waste produced due to larger than necessary sizes of the packaging.
The French authorities do not seem to have conducted a sufficient analysis of the proportionality of their policy choice as other suitable options, less restrictive of trade between Member States, are available. France is also in breach of the notification obligations under the Single Market Transparency Directive (Directive (EU) 2015/1535) to the extent that the law was not notified to the Commission at a draft stage, prior to adoption. France now has two months to address the concerns raised by the Commission. Otherwise, the Commission may decide to send a reasoned opinion to France.
3. Migration, Home Affairs and Security Union
Letters of formal notice
Fight against child sexual abuse: Commission calls on BELGIUM, BULGARIA, LATVIA, LUXEMBURG, HUNGARY, MALTA, AUSTRIA, POLAND, ROMANIA, SLOVAKIA, SLOVENIA and FINLAND to comply with the Directive on combating child sexual abuse and exploitation of children
Today the European Commission decided to send additional letters of formal notice to Belgium (INFR(2019)2227), Bulgaria (INFR(2019)2136), Latvia (INFR(2019)2237), Luxemburg (INFR(2019)2236), Hungary (INFR(2019)2234), Malta (INFR(2019)2115), Austria (INFR(2019)2226), Poland (INFR(2019)2238), Romania (INFR(2019)2189), Slovakia (INFR(2019)2135), Slovenia (INFR(2019)2239) and Finland (INFR(2019)2231), for failure to correctly transpose all the requirements of the fight against child sexual abuse directive (Directive 2011/93/EU). The directive requires Member States to introduce minimum rules concerning the definition of criminal offences and sanctions in the area of sexual abuse and sexual exploitation of children, child pornography and solicitation of children for sexual purposes. It also introduces provisions to strengthen the prevention of those crimes and the protection of victims. The Commission had already sent letters of formal notice to Bulgaria, Malta, Romania and Slovakia on 25 July 2019 and to Belgium, Latvia, Luxembourg, Hungary, Austria, Poland, Slovenia and Finland on 10 October 2019. These Member States now have two months to respond to the arguments raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Reasoned opinions
Qualification for international protection: Commission urges CZECHIA to communicate all measures necessary to implement EU rules on qualification for international protection
Today, the European Commission decided to send a reasoned opinion to Czechia (INFR(2019)2171) for failing to fully transpose the directive on standards for the qualification of third-country nationals and stateless persons as beneficiaries of international protection (Directive 2011/95/EU). On 26 July 2019, the Commission sent a letter of formal notice to Czechia for failure to communicate national measures transposing the directive. After considering Czechia's response, the Commission considered that Czechia has not fully implemented the EU rules on qualification of third-country national and stateless persons as beneficiaries of international protection. Czechia has now two months to reply to the reasoned opinion. After this period, if the answer is not satisfactory, the Commission may decide to refer the case to the Court of Justice of the European Union.
Fight against terrorism: Commission calls on BULGARIA to ensure correct transposition of EU rules
Today, the European Commission decided to send a reasoned opinion to Bulgaria (INFR(2021)2047) for failing to correctly transpose certain elements of the EU rules on combating terrorism (Directive (EU) 2017/541). This includes criminalising and sanctioning terrorist-related offences, such as travelling outside or within the EU to commit a terrorist offence, training for terrorist purposes and financing terrorism. The directive also requires Member States to ensure that victims of terrorism have access to reliable information, as well as professional and specialist support services. The implementation of the directive is an important part of the EU's Counter-Terrorism Agenda. Member States had to transpose the directive into national law by 8 September 2018. The Commission sent a letter of formal notice on 9 June 2021. Bulgaria now has two months to respond to the reasoned opinion 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
Firearms: Commission decides to refer LUXEMBOURG to the Court of Justice for failing to transpose EU rules on acquisition and possession of firearms
Today, the European Commission decided to refer Luxembourg (INFR(2020)0219) to the Court of Justice of the European Union for failure to fully transpose the EU rules laying down technical specifications for alarm and signal weapons under the directive codifying the acquisition and the possession of firearms (Implementing Directive (EU) 2019/69). This directive aims to enhance the protection of public security by minimising the risk of alarm and signal weapons being easily converted into real firearms. The Implementing Directive requires Member States to ensure that weapons manufactured in or imported to the EU are subject to checks on their compliance with the technical specifications laid down by EU law. Member States had to transpose the Implementing Directive into national law by 17 January 2020. The Commission launched the infringement procedure against Luxembourg on 20 May 2020 by sending a letter of formal notice and followed up with a reasoned opinion on 9 February 2022. As the reply from Luxembourg to the Commission's reasoned opinion was unsatisfactory, the Commission has decided to refer Luxembourg to the Court of Justice of the European Union. More information can be found in the press release.
EU exclusive external competence: The European Commission decides to refer HUNGARY to the Court of Justice of the European Union for voting against the Union position
Today, the European Commission decided to refer Hungary (INFR(2020)2364) to the Court of Justice of the European Union for failure to follow the position of the EU on the World Health Organization (WHO) recommendations on scheduling cannabis and cannabis-related substances under two UN conventions, as outlined in Council Decision (EU) 2021/3. Those recommendations concern changes in the listing of substances under international control. In EU law the decisions on the international scheduling of substances under the Single Convention on Narcotic Drugs of 1961, as amended by the 1972 Protocol, and the Convention on Psychotropic Substances of 1971 fall under the exclusive competence of the EU. The Council Decision determining the Union position is binding on the EU Member States, in line with the Treaty on the Functioning of the European Union (Article 218(9)). It provides that Member States have to vote accordingly in the Commission on Narcotic Drugs. Hungary voted contrary to the EU position twice during the vote on the WHO recommendations. The Commission therefore launched the infringement procedure against Hungary with a letter of formal notice sent on 18 February 2021, followed by a reasoned opinion on 12 November 2021. As the reply to the reasoned opinion was unsatisfactory, the Commission has decided to refer Hungary to the Court of Justice of the European Union. More information can be found in the press release.
4. Justice
Reasoned opinions
Procedural Rights: Commission calls on POLAND 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 Poland (INFR(2021)2077) for failing to fully transpose the Directive on the right of access to a lawyer and to communicate upon arrest (Directive 2013/48/EU). Poland has failed to transpose specific measures that apply to minors. Those measures ensure that if minors are deprived of liberty in criminal proceedings, another appropriate person is informed of their deprivation of liberty and of the reasons behind it, if the information of the holder of parental responsibility would be contrary to the child's best interests. On 15 July 2021, the Commission sent a letter of formal notice to Poland, urging it to fully transpose the directive. After examining the reply by Poland, the Commission determined that the transposition was not satisfactory. Poland now has two months to respond to the concerns raised by the Commission. If the reply is unsatisfactory, the Commission may decide to refer it to the Court of Justice of the European Union.
Referrals to the Court of Justice
Protection of whistleblowers: Commission decides to refer 8 Member States to the Court of Justice of the EU
Today, the European Commission decided to refer Czechia (INFR(2022)0043), Germany (INFR(2022)0052), Estonia (INFR(2022)0055), Spain (INFR(2022)0073), Italy (INFR(2022)0106), Luxembourg (INFR(2022)0119), Hungary (INFR(2022)0093) and Poland (INFR(2022)0150) to the Court of Justice of the European Union for failure to fully transpose and notify the national measures transposing the directive on the protection of persons who report breaches of Union law into its legal framework (Directive (EU) 2019/1937). The directive requires Member States to provide whistleblowers working in the public and private sectors with effective channels to report breaches of EU rules confidentially, establishing a robust system of protection against retaliation. This applies both internally (within an organisation) and externally (to a competent public authority). Member States had to transpose the necessary measures to comply with the Directive's provisions by 17 December 2021. In January 2022, the Commission sent letters of formal notice to 24 Member States for not fully transposing and informing the Commission of the transposition measures before the deadline. Furthermore, the Commission sent reasoned opinions to 15 Member States in July 2022, and to four Member States in September 2022 for failing to communicate measures fully transposing the directive. As 8 Member States' replies to the Commission's reasoned opinions were unsatisfactory, the Commission has decided to refer these Member States to the Court of Justice of the European Union. More information can be found in the press release.
Rule of Law: Commission decides to refer POLAND to the Court of Justice of the EU for violations of EU law by its Constitutional Tribunal
Today, the European Commission decided to refer Poland (INFR(2021)2261) to the Court of Justice of the EU for violations of EU law by the Polish Constitutional Tribunal and its case law. The Commission opened the infringement procedure against Poland on 22 December 2021 by sending a letter of formal notice. This followed the rulings of the Polish Constitutional Tribunal of 2021, where it had considered certain provisions of the EU Treaties incompatible with the Polish Constitution, expressly challenging the primacy of EU law. The Commission's objective is to ensure that the rights of Polish citizens are protected and that they can enjoy the benefits of the EU in the same way as all EU citizens. Primacy of EU law ensures equal application of EU law across the Union. The Constitutional Tribunal with these rulings breached the general principles of autonomy, primacy, effectiveness, uniform application of Union law and the binding effect of rulings of the Court of Justice of the European Union. The Commission considers that these rulings also breach of Article 19(1) TEU, which guarantees the right to effective judicial protection, by giving it an unduly restrictive interpretation. Thereby it deprives individuals before Polish courts from the full guarantees set out in that provision. The Commission also considers that the Constitutional Tribunal no longer meets the requirements of an independent and impartial tribunal previously established by law. This is due to the irregularities in the appointment procedures of three judges in December 2015 and in the election of the President in December 2016. On 15 July 2022, the Commission decided to send a reasoned opinion to Poland, to which Poland replied on 14 September 2022, rejecting the reasoning of the Commission. The Polish reply does not address the Commission's concerns. This is why the Commission decided today to refer Poland to the Court of Justice of the EU. More information can be found in the press release.
5. Energy and climate
Letters of formal notice
Energy labels: Commission calls on the NETHERLANDS to comply with the EU Tyre Labelling Regulation
The European Commission decided to open an infringement procedure by sending a letter of formal notice to the Netherlands (INFR(2022)2219) for failing to notify the national rules on penalties and enforcement mechanisms required under the EU Regulation on the labelling of tyres with respect to fuel efficiency and other parameters (Regulation (EU) 2020/740).
Member States were required to notify their rules on penalties and enforcement to the Commission by 1 May 2021. The Netherlands had not notified its rules to the Commission by the given deadline. The Commission has been in contact with the Dutch authorities since June 2021 and reminded the Netherlands about this reporting obligation. However, the Netherlands has not yet adopted or notified their penalties scheme, so the Commission has decided to issue a letter of formal notice. The Netherlands now has two months to reply and notify its penalty regime to the Commission. Otherwise, the Commission may decide to issue a reasoned opinion.
Offshore energy: Commission calls on CYPRUS to correctly transpose EU rules on the safety of offshore oil and gas operations
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Cyprus (INFR(2022)2220) for failing to correctly transpose into national legislation certain provisions of the EU Offshore Safety Directive (Directive 2013/30/EU). This directive put in place rules to help prevent accidents at offshore energy installations and to respond promptly and efficiently should such accidents occur. Member States must ensure that companies to which they grant a licence for exploration or production have the necessary technical and financial means, and that they keep resources available to put them into operation when necessary. An independent authority needs to be in place in order to ensure that safety requirements are respected, as well as an adequate system to handle compensation claims in case of accident. Companies are fully liable for environmental damages caused to protected species and natural habitats. The deadline to transpose the directive into national law was 19 July 2015. The Commission has supported Cyprus in transposing and implementing the EU rules, but it found that a number of provisions were not correctly transposed. Cyprus now has two months to address the shortcomings identified by the Commission. Otherwise, the Commission may decide to send a reasoned opinion.
Reasoned opinions
Renewable energy: Commission urges LATVIA and POLAND to fully transpose the Renewable Energy Directive
Today, the European Commission decided to send a reasoned opinion to Latvia (INFR(2021)0293) and Poland (INFR(2021)0317) for not having fully transposed EU rules on the promotion of the use of energy from renewable sources set out in Directive (EU) 2018/2001. This directive provides the legal framework for the development of renewable energy in electricity, heating and cooling, and transport in the EU. It sets an EU-level binding target for 2030 of at least 32% renewable energy and includes measures to ensure support for renewable energy is cost-effective, and to simplify administrative procedures for renewable energy projects. It also facilitates the participation of citizens in the energy transition and sets specific targets to increase the share of renewables in the heating and cooling and transport sectors by 2030. The deadline to transpose the directive into national law was 30 June 2021. In July 2021, the Commission sent a letter of formal notice to both Member States. To date, Latvia and Poland have only partially transposed the directive. They now have two months to comply with the transposition obligation and notify the Commission. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union.
Energy performance of buildings: Commission urges the NETHERLANDS to fully transpose the Energy Performance of Buildings Directive
Today, the European Commission decided to send a reasoned opinion to the Netherlands (INFR(2021)2272) for failing to ensure full transposition into national law of Directive (EU) 2018/844 which amended Directive 2010/31/EU on the energy performance of buildings. The directive introduced new elements to strengthen the existing framework, such as minimum energy performance requirements for new buildings, electromobility and recharging points, and new rules on the inspection of heating and air-conditioning systems. The deadline to transpose the directive into national law expired on 10 March 2020. In February 2022, the Commission sent a letter of formal notice to the Netherlands after concluding that not all the provisions of the directive had been transposed into national law. Having examined the reply from the Netherlands as well as the national transposition measures notified, the Commission considers that the Netherlands have still not fully transposed the directive. The Netherlands now has two months to comply with the transposition obligation and notify the Commission. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Energy efficiency: Commission urges HUNGARY to complete the transposition of the Energy Efficiency Directive
Today, the European Commission decided to send a reasoned opinion to Hungary (INFR(2020)0530) for failing to ensure full transposition of the revised Energy Efficiency Directive (Directive (EU) 2018/2002), amending Directive 2012/27/EU. This Directive seeks to establish a common framework of measures to promote energy efficiency and sets a binding EU energy efficiency target for 2030 of at least 32.5%. Member States were required to transpose the directive by 25 October 2020. In November 2020, the Commission sent a letter of formal notice to Hungary, after not having been notified of full transposition of the directive. After examination of the national transposition measures, the Commission considers that the transposition is still not complete. Hungary now has two months to comply with the transposition obligation and notify the Commission. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Radiation protection: Commission urges PORTUGAL to correctly transpose the Euratom Drinking Water Directive
Today, the European Commission decided to send a reasoned opinion to Portugal (INFR(2021)2096) requesting the correct transposition into national legislation of the Euratom Drinking Water Directive (Council Directive 2013/51/Euratom). The directive lays down requirements for the protection of public health with regard to radioactive substances in water intended for human consumption. It sets out parametric values, frequencies and methods for monitoring those substances and provides for the establishment of monitoring programmes to check that drinking water meets the requirements of the directive. In addition, the directive also requires that citizens are adequately and appropriately informed of the quality of the water they consume. In July 2021, the Commission sent a letter of formal notice to Portugal urging it to comply with the requirements of the directive. To date, the Commission still considers that the Member State has not correctly transposed the Directive. Portugal has two months to address the shortcomings identified by the Commission. Otherwise, the Commission may decide to refer it to the Court of Justice of the European Union.
Referrals to the Court of Justice
Commission decides to refer CROATIA, HUNGARY and PORTUGAL to the Court of Justice to ensure the development of renewable energy
Today, the European Commission decided to refer Croatia (INFR(2021)0248), Hungary (INFR(2021)0256) and Portugal (INFR(2021)0326) to the Court of Justice of the European Union for not having notified full transposition of Directive (EU) 2018/2001 on the promotion of use of energy from renewable sources. These Member States have failed to notify appropriately where they have transposed each provision of the Directive in their national legislation. 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 that support for renewable energy is cost-effective, and to simplify administrative procedures for renewable energy projects. It also facilitates the participation of citizens in the energy transition and sets specific targets to increase the share of renewables in the heating and cooling and transport sectors by 2030. The deadline to transpose the directive into national law was 30 June 2021. In July 2021, the Commission sent a letter of formal notice to all Member States regarding the transposition of this directive. In May 2022, the Commission sent reasoned opinions to 10 Member States. The Commission has now decided to refer Croatia, Hungary and Portugal to the Court of Justice of the European Union, with a request to impose financial sanctions in accordance with Article 260(3) TFEU. A press release is available here.
6. Financial Stability, Financial Services and Capital Markets Union
Letters of formal notice
Anti-Money Laundering: Commission urges LATVIA to complete its transposition of the 5thAnti-Money Laundering Directive
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Latvia (INFR(2022/2217) on grounds of its incomplete transposition the 5th Anti-Money Laundering Directive (5thAML). The transposition deadline for the Directive was 10 January 2020 and Latvia has officially declared its complete transposition. Nevertheless, the Commission considers that several provisions of the Directive had in fact not been transposed. The missing provisions refer to considering custodian wallet providers (those entities that provide services to safeguard private cryptographic keys on behalf of its customers, to hold, store and transfer virtual currencies) as obliged entities. Other missing provisions refer to obligations for trusts to provide the necessary information to the national central register, and also to certain obligations of the competent authorities and self-regulatory bodies to ensure transparency and supervision in Latvia. Anti-money laundering rules are instrumental in the fight against money laundering and terrorism financing. Recent money laundering scandals have revealed the need for stricter rules at EU level. Legislative gaps occurring in one Member State have an impact on the EU as a whole. That is why EU rules should be implemented and supervised efficiently in order to combat crime and protect our financial system. Without a satisfactory response from Latvia within two months, the Commission may decide to send a reasoned opinion.
Audit: Commission calls on ITALY to correctly transpose the Audit Directive
The Commission has today sent a letter of formal notice to Italy (INFR(2022)2218) on the grounds of incomplete transposition of the Audit Directive (Directive 2006/43/EC). These rules require the designation of a competent authority bearing the ultimate responsibility for the oversight tasks in the field of statutory audit on annual accounts and consolidated accounts (Directive 2014/56/EU). In order to enhance the transparency of auditor oversight and to allow for greater accountability, the Audit Directive requires Member States to designate only one competent authority bearing the ultimate responsibility for the oversight tasks. However, the Italian national legislation provides for two different authorities, which partially share certain relevant oversight tasks without expressly designating one of them bearing ultimate responsibility for each of the oversight tasks. The Commission has concluded that the Italian authorities have failed to correctly transpose the relevant provision of the Audit Directive. Without a satisfactory response by Italy within two months, the Commission may decide to address a reasoned opinion.
Reasoned opinions
Anti-Money Laundering: Commission urges SLOVAKIA to completely transpose the 5th Anti-Money Laundering Directive
Today, the European Commission decided to send a reasoned opinion to Slovakia INFR(2020)2018(INFR(2020)2018) on the grounds of its incomplete transposition of the 5th Anti-Money Laundering Directive (5thAML). The transposition deadline for the Directive was 10 January 2020 and Slovakia has officially declared its complete transposition. Nevertheless, the Commission considers that several provisions of the Directive had in fact not been transposed. The missing provisions refer to obligations of corporate or other legal entities to provide the necessary information to the national central register. It also refers to the obligation of Slovakia to ensure that competent authorities supervising credit and financial institutions cooperate with each other for the purposes of the Directive. Anti-money laundering rules are instrumental in the fight against money laundering and terrorism financing. Legislative gaps occurring in one Member State have an impact on the EU as a whole. That is why EU rules should be implemented and supervised efficiently in order to combat crime and protect our financial system. Slovakia has two months to reply and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union (CJEU).
Court of Justice of the European Union (CJEU).
Commission urges SPAIN to completely transpose laws removing regulatory barriers including risks under the sustainability risks Directive
The Commission has today sent a reasoned opinion to Spain (INFR(2022)0357) for failing to fully transpose Directive 2021/1270/EU (UCITS sustainability risks Directive). The Delegated Directive clarifies the current obligation of asset managers to integrate outside-in sustainability risks, as defined by the Sustainable Finance Disclosure Regulation (SFDR) and certain due diligence implications of this Regulation, namely where asset managers disclose information with regard to the consideration of adverse sustainability impacts. The UCITS Sustainability Risks Directive adds a requirement for investment companies to integrate sustainability risks into the management of UCITS, taking into account the nature, scale and complexity of the business of the investment companies. Spain failed to fully transpose the Directive into national legal order by the deadline on 31 July 2022. Spain has two months to reply and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union (CJEU).
7. Mobility and Transport
Letters of formal notice
Maritime security: Commission calls on SWEDEN to fulfil its obligations under EU legislation
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Sweden (INFR(2022)2206) for failing to fulfil its obligations arising from the EU maritime security legislation (Regulation (EC) No 725/2004, Directive 2005/65/EC and Commission Regulation (EC) 324/2008). The legal framework sets security requirements for ships, port facilities and ports, and lays out procedures for maritime security inspections. These measures are important to enhance the security of ports against threats of intentional unlawful acts and the resilience of the EU's critical infrastructure. Sweden does not carry out all the administrative and control tasks required for the effective implementation of these maritime security rules. Sweden now has two months to reply to the arguments raised by the Commission, otherwise the Commission may decide to send a reasoned opinion.
Civil aviation safety oversight: Commission calls on ESTONIA to comply with EU rules on safety management and occurrence reporting
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Estonia (INFR(2022)2171), for failing to comply with EU rules on aviation safety management and occurrence reporting. According to EU rules contained in Regulation (EU) 2018/1139 and its implementing rules (Regulations (EU) 1178/2011, 965/2012, 139/2014 and 2015/340), Member States' competent authorities must ensure that an effective aviation safety risk management is put in place which guarantees among others that internal audits are conducted. The management system must have enough qualified staff, and allow for information exchange and assistance with other concerned competent authorities. An adequate safety management and occurrence reporting are key to the continuous improvement of the safety of passengers and aviation staff. However, investigations carried out by the European Union Aviation Safety Agency (EASA) have shown that the Estonian management system is not compliant with these requirements. Furthermore, Regulation (EU) 376/2014 obliges Member States to analyse the periodic occurrence reports and to identify appropriate remedial action. Estonia could not demonstrate that this obligation has been implemented. Not only does the Estonian State Safety Programme not foresee any report analysis, but Estonia's annual safety reviews also do not identify any actions that were taken as a result of the received occurrence reports. Estonia now has two months to reply to the letter of formal notice, otherwise the Commission may decide to send a reasoned opinion.
Road transport: Commission calls on DENMARK to transpose EU rules on electronic tolling
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Denmark (INFR(2022/2207) for failing to transpose all necessary provisions of the European Electronic Tolling Service (EETS) Directive (Directive (EU) 2019/520) into national law. This European tolling system enables road users to easily pay tolls throughout the whole EU thanks to a single contract subscribed via a single service provider and the use of a single on-board unit, able to cover all Member States. By limiting cash transactions at tolling stations and eliminating cumbersome procedures for occasional users, the EETS facilitates daily operations for road users, improves traffic flow and reduces congestion. The aim of the directive is not only to ensure interoperability between electronic road toll systems but also to facilitate the cross-border exchange of information when road fees are not paid. The transposition deadline for this directive was 19 October 2021. The lack of full transposition of these rules is an obstacle to the interoperability between electronic road toll systems in the Member States, and to the cross-border enforcement of road fees. Without a satisfactory response from Denmark within two months, the Commission may decide to send a reasoned opinion.
Rail transport: Commission urges HUNGARY to properly implement EU rules on rail safety
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Hungary (INFR(2022)2099) for failing to correctly implement the rail safety rules of Directive (EU) 2016/798, and Regulation (EU) 2016/796. This legal framework aims at ensuring an efficient, safe and seamless European Railway Network which relies on harmonised EU rules, applied to domestic and cross-border rail services. In accordance with the regulation, the European Union Agency for Railways (ERA) performed an audit of the Hungarian national safety authority in 2018 and identified serious deficiencies that affect the authority's core functions. After thorough monitoring of action implemented by Hungary to remedy the deficiencies, ERA concluded that the Hungarian national safety authority has not given solid and credible effect to the action plan to resolve the situation. The Commission is therefore calling for the proper implementation of relevant EU rail safety rules and appropriate steps to act upon the deficiencies identified by ERA. Without a satisfactory response from Hungary within two months, the Commission may decide to send a reasoned opinion.
Referrals to the Court of Justice
The European Commission decides to refer GREECE to the Court of Justice of the European Union for failure to comply with rules on railway transport
Today, the Commission decided to refer Greece (INFR(2017)2141) to the Court of Justice of the European Union for failing to fulfil its obligations under the Single European Railway Area Directive (2012/34/EU).
The directive specifies that Member States had to ensure that a contractual agreement between the national competent authority and the railway infrastructure manager was concluded by 16 June 2015 at the latest, and published within one month. These agreements are particularly important for transparency of upcoming projects in the railway infrastructure network.
Despite exchanges between the Commission and Greece, the national authorities have still not signed and published the contractual agreement with the Greek railway infrastructure manager, OSE.
The Commission opened the infringement procedure against Greece in December 2020 and sent a reasoned opinion in December 2021. Since Greece remains in breach of the directive, the Commission has now decided to refer the case to the Court of Justice of the European Union. You can find more information in the press release.
8. Digital economy
Referrals to the Court of Justice
Copyright: Commission decides to refer eleven Member States to the Court of Justice for failing to fully transpose EU copyright rules into national law
Today, the European Commission decided to refer eleven Member States to the Court of Justice of the European Union for failing to notify the Commission of transposition measures under two directives with respect to copyright. The Commission decided to refer Bulgaria (INFR 2021/0160), Denmark (INFR 2021/0196), Finland (INFR 2021/0232), Latvia (INFR 2021/0296), Poland (INFR 2021/0321) and Portugal (INFR 2021/0330) to the Court of Justice of the EU for failing to notify complete transposition measures on copyright and related rights in the Digital Single Market (Directive (EU) 2019/790). Secondly, with regard to the EU Directive on copyright and related rights applicable to certain online transmissions (EU Directive 2019/789), the Commission decided to refer Bulgaria (INFR 2021/0159), Finland (INFR 2021/0231), Latvia (INFR 2021/0295), Poland (INFR 2021/0320) and Portugal (INFR 2021/0329) to the Court of Justice for not notifying complete transposition of EU rules to the Commission.
These two Directives aim to modernise copyright rules for consumers and creators to make the most of the digital world. They protect rightholders from different sectors, stimulating the creation and circulation of more high-value content. They bring greater choice of content for users by lowering transaction costs and facilitating the distribution of radio and television programmes across the EU. On 23 July 2021, the Commission sent a letter of formal notice to those Member States who did not complete transposition of the two directives. On 19 May 2022, the Commission followed up with reasoned opinions to 10 Member States over failure to notify the transposition of Directive 2019/789 and 13 Member States regarding Directive (EU) 2019/790. A press release is available here.
Open Data Directive: Commission decides to refer BELGIUM, BULGARIA, LATVIA and the NETHERLANDS to the Court of Justice of the EU for failing to enact EU rules on open data and public sector data re-use
Today, the European Commission decided to refer Belgium (INFR 2021/0370), Bulgaria (INFR 2021/0375), Latvia (INFR 2021/0463) and the Netherlands (INFR 2021/0474) to the Court of Justice of the European Union over the transposition of EU rules on open data and the re-use of public sector data (Directive EU 2019/1024, referred to as the Open Data Directive) in national law. The four Member States did not communicate their national measures before the deadline set for 17 July 2021. A letter of formal notice was sent in September 2021 followed by a reasoned opinion sent between April and June 2022 to these Member States. The Directive on open data and the re-use of public sector information, adopted on 20 June 2019, aims to unlock the benefits of data and helps to make more of the vast and valuable pool of data resources produced by the public sector available for re-use. This will reduce barriers to market entry for SMEs through reduced costs for data re-use, make more data available and increase business opportunities through data sharing via application programming interfaces (APIs). The Directive stimulates the development of innovative solutions such as mobility apps, increases transparency by opening the access to publicly funded research data, and thereby supports new technologies, including artificial intelligence. A press release is available here.
9. Jobs and social rights
Letters of formal notice
Labour mobility: Commission calls on ITALY to bring its legislation on the citizenship income in line with EU law
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Italy (INFR(2022)4024) because its minimum income scheme is not in line with EU law on free movement of workers, citizens' rights, long-term residents and international protection. One of the conditions to access the "citizenship income" ("Reddito di Cittadinanza") in Italy is to have resided in the country for 10 years, including for two consecutive years, before applying for it. Under Regulation 2011/492 and Directive 2004/38/EC, social welfare benefits like the "citizenship income" should be fully accessible to EU citizens who are workers, self-employed or who lost their job, regardless of their residence history. Also, EU citizens who do not work for other reasons should be eligible for the benefit, with the only condition that they have been legally residing in Italy for more than three months. Furthermore, Directive 2003/109/EC requires that long-term residents from outside the EU have access to such a benefit. Therefore, the 10-year residence requirement qualifies as indirect discrimination as it is more likely that non-Italian nationals do not meet this criterion. Moreover, the Italian minimum income scheme directly discriminates against beneficiaries of international protection, who are not eligible for this benefit, in breach of Directive 2011/95/EU. Finally, the residence requirement could prevent Italians from moving to work outside the country, as they would not be eligible for minimum income when returning to Italy. Italy now has two months to address the concerns raised by the Commission. Otherwise, the Commission may decide to send a reasoned opinion.
Coordination of social security: Commission calls on ITALY to comply with EU rules
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Italy (INFR(2022)4113) for failing to comply with the EU rules on social security coordination (Regulation 2004/883), and on the free movement of workers (Art. 45 TFEU and Regulation 2011/492). 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. Italy now has two months to address the comments raised by the Commission. Otherwise, the Commission may decide to send a reasoned opinion.
10. Agriculture and Rural Development
Letters of formal notice
Agriculture: The Commission calls on HUNGARY to comply with Court ruling on Hungarian provisions restricting the fixing of sales prices of agricultural and food products
The European Commission decided to send a letter of formal notice to Hungary (INFR(2016)4066) for failing to implement swiftly and effectively the judgment of the Court of Justice of the European Union in Case C-400/19 Commission v Hungary (Profit margins). In its ruling of 11 March 2021, the Court found that by prohibiting the application of different profit margins for the retail sale of identical agricultural and food products from different Member States and by thus restricting the way in which the selling prices of agricultural and food products are formed, Hungary has failed to fulfil its obligations under Regulation (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products. By letter of 3 May 2021, the Commission asked the Hungarian authorities to explain what measures they had taken to comply with the judgement. While the Hungarian authorities had stated in their reply that preparatory work had begun to implement the Court's judgment, the Commission has since received no further information about the measures taken by the Hungarian Government to comply with the Court's judgment. Therefore, the Commission is sending a letter of formal notice to Hungary, which has two months to submit its observations on the issues raised by the Commission. After examining these observations, the Commission may refer again the case to the Court of Justice of the European Union and ask for financial penalties to be imposed upon Hungary.
11. Budget
Closure
Commission closes infringement procedure against the UNITED KINGDOM following payment of traditional own resources due
The European Commission has decided today to close the infringement procedure against the United Kingdom (INFR(2018)2008), after the United Kingdom made available the traditional own resources and interest due to the EU budget. The Commission opened the case on 8 March 2018, after an OLAF (the European anti-fraud office) report had found that importers in the United Kingdom evaded customs duties. OLAF and the Directorate-General for Budget (DG BUDG) in close cooperation confirmed the scale of the undervaluation fraud scheme through the hub operating in the UK between 2011 and 2017. After several exchanges between the Commission and the UK, the case was brought before the Court of Justice of the European Union. The Court handed down its judgment (case C-213/19) on 8 March 2022. On that basis, the Commission re-calculated the amounts due, and the United Kingdom paid the respective amounts in full.
Source: European Commission