In its monthly package of infringement decisions, the European Commission ('Commission') is pursuing legal action against Member States for failing to comply with their obligations under EU law.
Overview by policy area
In its monthly package of infringement decisions, the European Commission ('Commission') is pursuing legal action against Member States for failing to comply with their obligations under EU law. These decisions, covering various sectors and EU policy areas, aim to ensure the proper application of EU law for the benefit of citizens and businesses.
The key decisions taken by the Commission are presented below and grouped by policy area. The Commission is also closing 87 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 MEMO/12/12. For more detail on all decisions taken, consult the infringement decisions' register.
1. Agriculture and Rural Development
(For more information: Daniel Rosario - tel.: +32 229 56185, Clémence Robin – tel.: +32 229 52509)
Reasoned opinions
Geographical indications: Commission urges BULGARIA to cancel national framework on geographical indications
Today, the Commission decided to step up an infringement procedure by sending a reasoned opinion to Bulgaria regarding its Trademark and Geographical Indication Act of 1 September 1999. Since 2008, Bulgaria has maintained a national register of geographical indications for agricultural products and foodstuffs. The Commission believes that a national protection of geographical indications is not compatible with EU law on quality schemes for agricultural products and foodstuffs (Regulation (EU) No 1151/2012). EU regulation, according to a consistent EU case law - C-478/07 (Budvar, 2009) and C-56/16/P (EUIPO v Instituto dos Vinhos do Douro e do Porto, 2017) - provides for a uniform and exhaustive system of protection for geographical indications falling within its scope. Bulgaria should have put an end to this national registration system from the date of the accession to the EU in 2007 and could only have protected existing national geographical indications for 12 months after the date of accession if an application at EU level had been done during this limited period. The Commission opened the infringement procedure by sending a letter of formal notice to the Bulgarian authorities in January 2018. Bulgaria has 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.
Geographical indications: Commission calls on DENMARK to enforce protection of the protected designation of origin "Feta"
The Commission decided today to send a reasoned opinion to Denmark over a failure of the Danish authorities to adequately fulfil its obligations under the EU law on quality schemes for agricultural products and foodstuffs (Regulation (EU) No 1151/2012). The Commission considers that Denmark failed to prevent or stop the breach of the EU Regulation by companies based in Denmark which produce (and/or import from other countries) and export white cheese to non-EU countries after labelling it as “Feta”. This does not comply with the EU product specification rules provided for Protected Designation of Origin (PDO) and it is considered as a misleading labelling. 'Feta' is a registered PDO since 2002. The EU Regulation protects registered names against several types of misuse. These include the direct or indirect commercial use of the registered name for products which are comparable to those registered under that name, or alternatively use aimed at exploiting the reputation of the name. Product names registered as PDO are those that have the strongest links to the geographical place in which they are made. The Commission opened the infringement procedure against Denmark in January 2018. Denmark has two months to reply to the concerns raised by the Commission; otherwise, the Commission may decide to refer the case to the Court of Justice of the EU.
2. Competition
(For more information: Ricardo Cardoso - tel.: +32 229 80100, Maria Tsoni – tel.: +32 229 90526)
A letter of formal notice
State aid: Commission calls on GREECE to recover illegal aid granted to mining company LARCO
The European Commission decided today to send a letter of formal notice to Greece regarding the non-implementation by Greece of the Court's ruling of 9 November 2017 (Case C-481/16, European Commission v Hellenic Republic). By this ruling, the Court condemned Greece for not implementing the Commission recovery decision of 27 March 2014, which ordered Greece to recover from LARCO General Mining and Metallurgical Company S.A. illegal and incompatible aid of € 135.8 million. This aid was granted to LARCO in the form of State guarantees and capital injections. Greece has now two months to respond and demonstrate that recovery of the aid has taken place. Otherwise, the Commission may decide to refer Greece to the Court of Justice of the EU, calling on the Court to impose a lump sum fine and financial penalties on Greece.
Closures
Antitrust: Commission closes infringement procedures for 3 Member States concerning the transposition into national law of the Directive on antitrust damages actions.
The European Commission has decided to close the infringement proceedings against Bulgaria, Greece, and Portugal as they have now transposed the Directive on antitrust damages actions (Directive 2014/104/EU) into national law. This Directive helps citizens and companies claim damages if they are victims of infringements of EU antitrust rules, such as cartels or abuses of dominant market positions. It also gives victims easier access to evidence they need to prove the damage suffered and more time to make their claims. The Directive on antitrust damages actions is, therefore, an essential part of EU competition law enforcement. Member States were under an obligation to transpose it into national law by 27 December 2016. Seven Member States transposed it by the deadline. Following the opening of infringement proceedings for lack of communication of transposing measures, 18 Member States transposed the Directive in 2017. Bulgaria, Greece and Portugal did so in the first half of 2018. The Commission is currently checking the conformity of the 28 national transpositions.
3. Digital Single Market
(For more information: Nathalie Vandystadt - tel.: +32 229 67083, Marietta Grammenou – tel.: +32 229 83583)
Closures
Cybersecurity: Commission closes infringement proceedings against CROATIA, FRANCE, IRELAND, the NETHERLANDS, PORTUGAL, and SPAIN
The European Commission decided today to close its infringement procedures which were opened against Croatia, France, Ireland, the Netherlands, Portugal, and Spain over their failure to transpose the first EU-wide legislation on cybersecurity rules (the Directive on Security of Network and Information Systems Directive (EU)2016/1148/EU) into their national legislation by 9 May 2018. The Commission made this decision because those Member States have been able to show that the transposition of the new rules in national laws complies with the Directive. The objective of the Directive is to achieve an evenly high level of security of network and information systems across the EU through the development of national cybersecurity capabilities. It also aims at increasing EU-level cooperation as well as introducing security and incident reporting obligations for operators of essential services and digital service providers. In July 2018, the Commission opened an EU infringement procedure by calling on the Member States concerned to complete the transposition process.The Commission will continue to look at 11 open infringements for lack of full transposition of the Directive and expects to have a more in-depth overview of the transposition across the EU in the coming months. For more information on how Member States are building up their cybersecurity capacities see the state-of-play of the transposition of the Directive and Questions and Answers. See also a fact sheet on all the EU actions aiming to increase cybersecurity.
4. Economic and Financial Affairs
(For more information: Annika Breidthardt - tel.: +32 229 56153, Enda McNamara– tel.: +32 229 64976)
A referral to the Court of Justice of the European Union
Commission refers SLOVENIA to the Court for failure to respect the protected status of ECB documents and failure to cooperate sincerely
The European Commission has decided to refer Slovenia to the Court of Justice of the EU for the violation of the inviolability of the archives of the European Central Bank (ECB) and the duty of sincere cooperation in the context of the seizure of European Central Bank documents that took place at the Central Bank of Slovenia. On 6 July 2016, in the context of a national investigation against central bank officials unrelated to the tasks of the ECB, the Slovenian authorities seized information at the Bank of Slovenia that included ECB documents and IT hardware. The ECB had given no prior authorisation for the seizure of those items, and subsequent attempts by the ECB to resolve the matter amicably have been unsuccessful. Attempts by the Commission to clarify the facts and circumstances were unsuccessful. These attempts included a pilot letter in December 2016, a letter of formal notice in May 2017 and a reasoned opinion in July 2018. The Commission remains in close contact with the ECB on this matter. For more information, please refer to the full press release.
5. Employment, Social Affairs and Inclusion
(For more information: Christian Wigand - tel.: +32 229 62253, Sara Soumillion – tel.: +32 229 67094)
Reasoned opinions
Free movement of workers: Commission requests CYRPUS, FRANCE, IRELAND, and ROMANIA to notify full transposition of the rules on supplementary pension rights for mobile workers
The European Commission decided today to send reasoned opinions to Cyprus, France, Ireland, and Romania for failing to notify the full transposition of EU rules on supplementary pension rights (the Pensions Portability Directive, Directive 2014/50/EU) into national law. The Directive lays downminimum requirements on the acquisition and preservation of supplementary pension rights. This Directive is important to promote labour mobility by safeguarding mobile workers' supplementary pension rights. In April 2014, Member States agreed to transpose this Directive and communicate national transposition measures to the Commission by May 2018. The Commission has already sent a letter of formal notice to these countries in July 2018. All 4 countries replied that the transposition process was underway. As the Commission has still not received notification of full transposition, it has now decided to send a reasoned opinion. If the Member States fail to act within two months, the case may be referred to the Court of Justice of the EU.
A letter of formal notice
Indexation of family benefits: Commission opens infringement procedure against AUSTRIA
Today, the Commission decided to send a letter of formal notice to Austria. It concerns new legislation under which EU citizens working in Austria face an indexation of their family benefits and family tax reductions when their children reside abroad. As from 1 January 2019 Austria makes family benefits and family tax reductions paid for children residing in another Member State dependent on the costs of living of that Member State. This means that many EU citizens, who work in Austria and contribute to its social security and tax system in the same way as local workers, would receive fewer benefits only because their children are living in another Member State. The EU rules on the coordination of social security systems (Regulation (EC) No 883/2004) do not allow a Member State to reduce cash benefits granted to persons insured under its legislation solely because they or their family members reside in another Member State. These rules also prohibit discrimination on grounds of nationality. Any reduction of family benefits solely because the children reside abroad, breaches the EU rules on social security as well as the principle of equal treatment of workers who are nationals of another Member State as regards social and fiscal advantages (Regulation (EU) No 492/2011). By sending a letter of formal notice to Austria, the European Commission officially launched the infringement procedure. Austria now has two months to address the Commission's concerns. Otherwise, the Commission may decide to send a reasoned opinion. For more information, please refer to the full press release.
6. Energy
(For more information: Anna-Kaisa Itkonen - tel.: +32 229 56186, Lynn Rietdorf – tel.: +32 229 74959)
Referrals to the Court of Justice of the European Union and letters of formal notice
Energy efficiency in buildings: Commission refers CZECHIA and SLOVENIA to Court for failure to ensure proper display of energy performance certificates for buildings
Today, the European Commission decided to refer Czechia and Slovenia to the Court of Justice of the EU for failing to comply with the Energy Performance of Buildings Directive (Directive 2010/31/EU).Under this Directive, Member States must establish and apply minimum energy performance requirements for all buildings, ensure the certification of buildings' energy performance and require the regular inspection of heating and air conditioning systems. In addition, the Directive requires Member States to ensure that all new buildings are so-called nearly zero-energy buildings by 2021. The Directive also requires Member States to ensure that energy performance certificates are displayed in certain buildings frequently visited by the public. This rule should create public awareness of the importance of efficient energy consumption and provide incentives for renovations. The Commission drew the attention of the national authorities to the incorrect transposition of this requirement in 2015 and sent official letters to both Member States in the course of 2017 and 2018. However, to date the Member States legislation on this issue have not been brought in conformity with the Directive. In addition, the Commission decided to open EU infringement proceedings against Croatia and Romania as both Member States have failed to submit progress reports in reaching cost-optimal levels of minimum energy performance requirements for buildings and its elements. For more information, please refer to the full press release.
A reasoned opinion
Basic safety standards: Commission calls on ITALY to transpose EU legislation
Today, the Commission decided to send a reasoned opinion to Italy requesting the transposition of the new Basic Safety Standards Directive (Council Directive 2013/59/Euratom). Member States were required to transpose the Directive by 6 February 2018. The new Directive modernises and consolidates the European radiation protection legislation. It lays down basic safety standards to protect workers, members of the public, 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 concerned Member State now has two months to reply to the reasoned opinion and communicate its transposition measures; otherwise, the Commission may decide to refer the case to Court of Justice of the EU.
Reasoned opinions and letters of formal notice
Sustainable biofuels: Commission calls on 6 Member States to enact EU rules on Indirect Land Use Change linked to petrol and diesel fuels
Today, the Commission decided to send reasoned opinions to Germany and Latvia, and letters of formal notice to Finland, France, Ireland, and Czechia for failing to fully transpose EU rules on the quality of petrol and diesel fuels on the promotion of the use of energy from renewable sources (Directive (EU) 2015/1513). This Directive aims to reduce the risk of indirect land-use change linked with biofuel production. Indirect land-use change occurs when agricultural land used for growing crops for food or feed purposes starts to be used for growing crops for biofuel production instead - increasing the pressure to use other (unused) land to grow crops for food and purposes to meet that demand for food and feed, which has implications for greenhouse gas emissions. For example, atmospheric CO2 levels increase when agricultural land is extended into land with high carbon stocks, such as forests, wetlands and peat land. The Directive also prepares the transition towards advanced biofuels which are produced from materials such as waste and residues. Under the Directive, Member States had to transpose EU legislation and to communicate such measures to the Commission until 10 December 2017. The Member States concerned have now two months to reply to the concerns raised by the Commission; otherwise, the Commission may decide to proceed to the next stage of the infringement process, including referral to the Court of Justice of the EU for today's reasoned opinions.
Letters of formal notice
Energy efficiency: Commission requests 15 Member States to comply with the EU legislation
Today, the European Commission decided to send a letter of formal notice to Belgium, Bulgaria, Croatia, Cyprus, Czechia, Denmark, Estonia, France, Greece, Italy, Latvia, Lithuania, Luxembourg, Poland and Portugal formally requesting the correct transposition the Energy Efficiency Directive (Directive 2012/27/EU) into national law. The 2012 Directive establishes a common framework of measures for the promotion of energy efficiency within the EU in order to ensure the achievement of the EU's 20% energy efficiency target for 2020 and to pave the way for further energy efficiency improvements beyond that date. Under the Directive, all EU countries are required to use energy more efficiently at all stages of the energy chain, from production to final consumption. The Member States now have two months to respond to the arguments put forward by the Commission. If they do not act within those two months, the Commission may send a reasoned opinion to their authorities.
Nuclear waste: Commission urges LATVIA to enact correctly EU law
The Commission decided today to send a letter of formal notice to Latvia for failing to transpose correctly EU legislation on safe management of spent fuel and radioactive waste (Council Directive 2011/70/Euratom). The Directive establishes an EU framework for ensuring the responsible and safe management of spent fuel and radioactive waste - including that originating from non-power uses of nuclear and radiation technologies - to avoid imposing undue burdens on future generations. These arrangements aim at protecting workers and the general public from the dangers arising from ionising radiation. Moreover, the Directive requires the necessary public information and participation in relation to spent fuel and radioactive waste management issues to be provided, while having due regard to security and proprietary information issues. Member States were required to transpose the Directive by 23 August 2013. Following the Commission's assessment of the national programme, the Commission considers that a set of the requirements of the Directive have not been sufficiently addressed by the Latvian authorities. Latvia now has two months to reply to the arguments raised by the Commission. Otherwise, the Commission may send a reasoned opinion.
7. Environment
(For more information: Enrico Brivio – tel.: +32 229 56172, Daniela Stoycheva – tel.: +32 229 53664)
Referrals to the Court of Justice of the European Union
Commission takes SPAIN to Court for failure to act on protection against flooding
The European Commission is referring Spain to the Court of Justice of the EU over a failure to comply with EU rules on flood prevention (the Floods Directive, Directive 2007/60/EC).The Directive aims to reduce and manage the risks that floods pose to human health, the environment, economic activity and cultural heritage. Under EU law, Member States had to complete and publish flood risk management plans, and notify them to the Commission by 22 March 2016. After Spain missed the initial deadline, in March 2018, the Commission opened the infringement procedure by sending a letter of formal notice to the Spanish authorities. The Commission urged them to complete, publish and communicate flood risk management plans for all seven river basin districts in the Canary Islands (El Hierro, Fuerteventura, Gran Canaria, La Gomera, La Palma, Lanzarote, and Tenerife). As the failure continued, the Commission sent a reasoned opinion to Spain in July 2018. As the situation persists in the seven river basin districts in the Canary Islands, the Commission has decided to bring Spain to the Court of Justice of the EU. For more information, please refer to the full press release.
Commission takes Spain to Court for failure to protect the Doñana Wetlands
The European Commission is referring Spain to the Court of Justice of the EU over a failure to take adequate measures to protect the groundwater bodies that feed the Doñana Wetlands, as required by EU water legislation (Water Framework Directive, Directive 2000/60/EC). Spain is also failing to take adequate steps to prevent the deterioration of protected habitats in these wetlands, in breach of EU nature legislation. The Doñana wetlands are among the largest in Europe and host a great diversity of ecosystems. They host a considerable array of fauna and flora, including critically endangered species, such as the Imperial eagle, Iberian lynx, and the Spur-thighed tortoise. Owing to its strategic location, Doñana is also part of the migratory route of millions of European birds each year. This unique biodiversity is protected under the Habitats Directive (Council Directive 92/43/EEC) and the Birds Directive (Directive 2009/147/EC), as the Doñana National Park and its surrounding area contain several areas that Spain has designated Natura 2000 sites. Today's decision follows a reasoned opinion sent to the Spanish authorities in April 2016. The Commission is concerned that the condition of the wetlands is likely to deteriorate further, as Spain is falling short of its obligations under both the Water Framework Directive and the Habitats Directive. The measures in place to ensure the sustainable management of water resources and the conservation of the Doñana habitats are insufficient and, moreover, poorly implemented. The Commission has, therefore, decided to refer Spain to the Court of Justice of the EU.For more information, please refer to the full press release.
Reasoned opinions
Commission calls on AUSTRIA, ITALY, and LATVIA to implement EU rules on access to genetic resources
The European Commission is calling on Austria, Italy, and Latvia to step up their efforts to implement the EU law designed to ensure that genetic resources accessed in other countries and utilised in the EU were accessed in compliance with the access and benefit-sharing requirements set up by these countries, in line with the Nagoya Protocol. Genetic resources refer to genetic material of plant, animal, or microbial origin, such as medicinal plants, agricultural crops and animal breeds, of actual or potential value. If a country has set up Access and Benefit-Sharing (ABS) requirements, users who wish to obtain this genetic material for purposes of research, conservation, commercial or industrial application have to comply with these requirements as laid out in the EU ABS Regulation (Regulation (EU) No 511/2014). Following the entry into force of this EU Regulation in June 2014, Member States were required to take measures in order to ensure efficient implementation of the Regulation. EU countries are obliged, in particular to designate competent authorities responsible for the application of the Regulation and inform the Commission. As Austria, Italy, and Latviahave failed to notify any legislation designating such authorities or establishing penalties, the Commission has decided to send a reasoned opinion to the Member States concerned. They now have two months to remedy the situation; otherwise, the Commission may decide to refer them to the Court of Justice of the EU.
Drinking water: Commission calls on ITALY to ensure safe drinking water for its nationals
The European Commission decided today to send a reasoned opinion to Italy for failing to fulfil its obligations under EU law on the quality of water intended for human consumption (the Drinking Water Directive, Council Directive 98/83/EC), and allowing exceedance of the parametric values for arsenic and fluoride in some areas. The Directive aims to protect human health from adverse effects of any contamination of water intended for human consumption by ensuring that it is wholesome and clean. EU rules require that drinking water is free from any micro-organisms and parasites, and from any substances which constitute a potential danger to human health. Over a long period, the drinking water provided in 16 water supply zones in the Lazio region, county of Viterbo, exceeded the parameters for arsenic and/or fluoride. This can create a risk to human health, in particular for children below the age of 3 years. The Commission sent a letter of formal notice in 2014, but the Italian authorities have not yet taken appropriate action and have not fulfilled their duty to inform, advise and notify consumers of the health implications. Italy has two months to remedy the situation. Otherwise, the Commission may decide to refer Italy to the Court of Justice of the EU.
Noise: Commission urges POLAND to protect its nationals against noise pollution
The Commission calls on Poland to comply with the key provisions of the Noise Directive (Directive 2002/49/EC), to decrease noise pollution in the EU. Environmental noise – as caused by road, rail and airport traffic, industry, construction, and some other outdoor activities – is the second main cause for premature death after air pollution in the EU. The Directive requires Member States to adopt noise action plans either aimed at keeping noise levels as they are (where they are compliant with national limit values) or, if these values are exceeded, to bring them into compliance. The Commission sent Poland a letter of formal notice in May 2017. Although there has been some progress, the Polish authorities have still to adopt their revised strategic noise maps and noise action plans for several agglomerations as well as noise action plans for major roads, railways, and for the Warsaw Chopin Airport. As a result, the Commission decided today to send a reasoned opinion, giving Poland two months to remedy the situation. Otherwise, the Commission may decide to refer Poland to the Court of Justice of the EU.
Nature protection: Commission calls on SLOVAKIA to improve forest management
The Commission decided today to send a reasoned opinion to Slovakia for its failure to provide adequate protection for nature, which is causing a significant fall in bird numbers. EU rules on Habitats (Council Directive 92/43/EEC) and Birds (Directive 2009/147/EC) establish Natura 2000, an EU-wide network of protected areas that form a safeguard against potentially damaging developments. Under these laws, forest management plans and activities, such as logging in protected areas, must undergo an assessment of their effects on Natura 2000 sites before authorisation. Slovak forest management plans and their changes, as well as sanitary logging to prevent pest infestation, should be assessed for their effects. To date, these provisions are lacking in Slovak legislation. The Commission, therefore, takes the view that Slovakia has not correctly transposed the obligation of the Habitats Directive that projects in Natura 2000 protected areas need to undergo appropriate assessment of their effects on the sites. As one of the results, the population of Capercaillie (Tetrao urogallus), the largest grouse in the world, has halved in the Special Protection Areas (SPAs) since Slovakia joined the EU in 2004. The Commission, therefore, also takes the view that Slovakia has not taken appropriate steps to avoid the deterioration of the Capercaillie's habitats and the significant disturbance of this species, and thus has failed to correctly apply the Habitats Directive. Furthermore, Slovakia has not adopted sufficient special conservation measures for the Capercaillie yet as required by the Birds Directive as well as the management plans for the relevant Special Protection Areas. Slovakia has two months to remedy the situation; otherwise, the Commission may decide to refer the case to the Court of Justice of the EU.
A reasoned opinion and closures
Urban waste water: Commission urges LATVIA and LITHUANIA to improve treatment of their waste waters and closes two cases
The European Commission decided today to send a reasoned opinion to Latvia and Lithuania for their failure to ensure that all agglomerations with more than 2 000 inhabitants have adequate collection and treatment systems for urban waste water as requested by the EU rules under the Urban Waste Water Treatment Directive (Council Directive 91/271/EEC). The Directive aims to protect the environment in the EU from the adverse effects of urban waste water, such as enrichment of the water with nutrients. Nutrients cause an accelerated growth of algae that disturb the balance of water organisms and the water quality. The EU-wide legislation also sets out rules for collection, treatment and waste water discharge. The Commission considers that 14 agglomerations in Latvia and 54 agglomerations in Lithuania are in breach of several provisions of the Directive. Both countries also need to specify requirements for collecting systems, discharges from treatment plants, industrial wastewater and reference methods for monitoring and evaluation of results. Latvia and Lithuania now have two months to remedy the situation; otherwise, the Commission may decide to refer the two Member States to the Court of Justice of the EU. In addition, the Commission is closing EU infringement proceedings against Belgium and Luxembourg as they are now correctly applying the Directive. In the case of Belgium, all 48 agglomerations covered by the judgement of the Court of Justice of the EU (Commission vs Belgium, case No C-395/13 of 2014) are now compliant with the EU Urban waste water rules. Luxembourg complied with Court's ruling in the cases of Commission vs Luxembourg (C-576/11) of 2013 and (C-452/05) of 2006.
Letters of formal notice
Nature protection: Commission calls on BULGARIA, ITALY and GERMANY to complete Natura 2000 network
The European Commission urges Bulgaria, Germany, and Italy to respect their obligations under EU rules for the conservation of natural habitats and protected species, included in the Natura 2000 network (the Habitats Directive, Council Directive 92/43/EEC). Member States have to designate the EU-listed sites of Community importance as Special Areas of Conservation (SACs). They also have to establish the necessary conservation measures to maintain or restore the protected species and habitats to a favourable condition. These steps need to be carried out within six years from the inclusion of these sites in the EU list as Sites of Community importance (SCI). These are key requirements to protect biodiversity across the EU. Bulgaria has designated only 9 out of 230 Sites of Community importance as Special Areas of Conservation within the required time limit, and has generally and persistently failed to set site-specific detailed conservation objectives and measures for any of them. Germany failed to designate 787 out of 4606 within the required time limits. In addition, it has generally and persistently failed to set sufficiently detailed conservations objectives for all Natura 2000 sites. The Commission also considers that Germany has failed to ensure that the public authorities in six regions actively and systematically disseminate management plans to the public. In Italy, 463 Sites of Community importance for which the deadline has expired have not been designated as Special Areas of Conservation yet. Furthermore, Italy has generally and persistently failed to set site-specific detailed conservation objectives and to establish the necessary conservation measures which correspond to the ecological requirements of the natural habitat types, in all the 19 regions and 2 autonomous provinces. The Commission is, therefore, sending an additional letter of formal notice to Italy and Germany, and a letter of formal notice to Bulgaria. The Member States now have two months to reply to the arguments raised by the Commission; otherwise, the Commission may decide to send a reasoned opinion.
Biodiversity: Commission urges 9 Member States to protect the environment against invasive alien species
The European Commission is calling on Cyprus, Czechia, France, Greece, Ireland, Poland, Portugal, Slovakia and Spain to step up their implementation of the EU Regulation on Invasive Alien Species (Regulation No 1143/2014). Invasive alien species are plants and animals that become established in areas outside their natural range, spreading rapidly and out-competing native species, with severe economic and environmental consequences. After the law entered into force on 1 January 2015, Member States had to introduce dissuasive penalties, and Member States with outermost regions had to adopt specific lists of invasive alien species for those territories and inform the Commission accordingly. The Member States in question have failed to notify the Commission about their penalties, or about lists of invasive alien species for outermost regions, or both. The Commission has, therefore, decided to send each Member State a letter of formal notice giving them two months to reply; otherwise, the Commission may decide to send a reasoned opinion.
Air quality: Commission requests GREECE to act on air pollution
The Commission urges Greece to comply with the requirements of EU rules on clean air, taking action to ensure good air quality and safeguard public health (Directive 2008/50/EC). EU legislation sets limit values for air pollutants, including nitrogen dioxide (NO2). In case of exceedance of such limit values, Member States are required to ensure that air quality plans that set out appropriate measures to bring exceedances to an end as soon as possible are established. Nitrogen dioxide levels in the agglomeration of Athens have been above the limit values set in the Directive since 2010. However, Greece has failed to ensure compliance with the annual limit value for NO2 in Athens for the period 2010-2014 and to establish an Air Quality Plan identifying the necessary measures that would keep the exceedance period as short as possible. In addition, Greece has also failed to put in place adequate sampling points in the zone of Thessaloniki to ensure proper monitoring of NO2 concentrations. Finally, Greece also failed to make available a complete air quality report as required by Commission Implementing Decision 2011/850/EU. As Greece has not complied yet with all these obligations, the Commission is sending a letter of formal notice. Greece has two months to reply to the concerns raised by the Commission; otherwise, the Commission may decide to send a reasoned opinion.
Air quality: Commission urges FRANCE and SWEDEN to protect its nationals against air pollution
The Commission is calling on France and Sweden to bring their air quality legislation in line with European rules on ambient air quality and cleaner air for Europe (Directive 2008/50/EC). The Directive establishes air quality objectives, including ambitious, cost-effective targets for improving human health and environmental quality up to 2020. It also specifies ways of assessing these and of taking corrective action if the standards are not met. These Member States have shortcomings with the enactment of several provisions of this Directive into domestic legislation, including the obligation to take appropriate measures to keep periods of exceedance of permitted values as short as possible. The Commission is, therefore, sending letters of formal notice, giving France and Sweden two months to reply to the arguments raised by the Commission; otherwise, the Commission may decide to send a reasoned opinion.
E-waste: Commission urges ESTONIA and ROMANIA to improve management of their electric and electronic waste
The Commission has decided to send letters of formal notice to Estonia and Romania over shortcomings in their enactment of EU rules on waste of electrical and electronic equipment (Directive 2012/19/EU). Waste of electrical and electronic equipment, such as computers, TV-sets, fridges and cell phones, is one the fastest growing waste streams in the EU and it is expected to grow to more than 12 million tonnes by 2020. If not properly managed, this can cause major environmental and health problems because of their hazardous content. A letter is being sent to Estonia because of shortcomings that include incomplete definitions of key terms, a lack of clarity in the obligations to be imposed on producers, and a failure to require proof if waste of electrical and electronic equipment is exported to countries outside the EU. The Commission is sending a letter of formal notice to Romania because of inaccurate provisions and incomplete reflection of EU legislation, inconsistencies regarding collection facilities, and no specific provision requiring that all separately collected waste of electrical and electronic equipment undergo proper treatment. Estonia and Romania have two months to reply; otherwise, the Commission may decide to send a reasoned opinion.
Access to environmental information: Commission urges FRANCE to open up access to environmental information for the public
The European Commission calls on France to bring its domestic law into line with EU standards on public access to environmental information (Directive 2003/4/EC).Under the Directive, citizens are entitled to access to environmental information, and public bodies that hold that information have a duty to make it available. The Commission is concerned that French law in this area may be overly restrictive, and fails to give access to information contained in measures that the Directive classes as environmental information. French law is also imprecise about the conditions under which access may be refused. A letter of formal notice is, therefore, being sent. France has two months to reply; otherwise, the Commission may decide to send a reasoned opinion.
Marine environment: Commission calls on FRANCE, IRELAND and ITALY to protect their marine waters
The European Commission urges France, Ireland and Italy to comply with the reporting obligations on the environmental status of marine waters under the Marine Strategy Framework Directive (Directive 2008/56). The Directive provides a holistic framework to protect the EU's seas and oceans, and ensures that their resources are managed sustainably. Under the Directive, Member States were required to review and update their assessment of the environmental status of the waters concerned, the environmental impact of human activities, their determination of good environmental status and their environmental targets by 15 October 2018. The countries concerned failed to submit reports to the Commission by the required deadline. As a result, the Commission decided today to send a letter of formal notice to France, Ireland and Italy. They now have two months to reply; otherwise, the Commission may decide to send a reasoned opinion.
Water: Commission urges IRELAND to improve management of its water resources
The Commission decided today to send an additional letter of formal notice to Ireland as there are still a number of instances of non-conformity and shortcomings in Ireland's transposition of the Water Framework Directive (Directive 2000/60/EC). Ireland adopted new legislation in 2009, 2010 and 2014 improving on its initial transposition of the Directive, but shortcomings have remained. Those identified include Ireland's failure to ensure that activities involving water abstraction, impoundment and changes in hydromorphology are controlled through a system of prior authorisation and registration. Ireland is preparing new legislation to bring in controls for water abstraction, but this has not been adopted and communicated to the Commission yet. Ireland has two months to comply with its obligations; otherwise, the Commission may decide to send a reasoned opinion.
Urban waste water treatment: Commission urges the UNITED KINGDOM to comply in full with a judgment of the Court of Justice of the EU
The European Commission calls on the United Kingdom to fully comply with a 2012 ruling by the Court of Justice of the EU (case No C-301/10). The Court found that the UK had breached its obligations under EU law on adequate collection and treatment systems for urban waste water (Urban Waste Water Treatment Directive, Council Directive 91/271/EEC) by failing to control excessive storm water overflows from the collecting system and treatment plants serving London and Whitburn in Sunderland. Despite significant progress in London with the upgrading of three treatment plants and construction of the Lee Tunnel, storm water overflows along the River Thames are not under control yet. Upgrades to the Whitburn collecting system have been completed, but spills have still not been sufficiently reduced. As six years have passed since the ruling, the Commission is sending a last reminder before referring the case back to Court and requesting for financial sanctions. The UK has two months to reply.
8. Financial Stability, Financial Services and Capital Markets Union
(For more information: Johannes Bahrke – tel.: +32 229 58615, Letizia Lupini - tel.: +32 229 51958)
Reasoned opinions
Financial services: Commission requests POLAND to open its market fully to EU credit intermediaries
The European Commission calls on Poland to comply with its obligations to apply all provisions of EU rules on the Mortgage Credit Directive (Directive 2014/17/EU). In particular, the Commission requests that Poland put in place provisions allowing credit intermediaries registered in other Member States to fully operate in the Polish market. The aim of the Directive is to increase consumer protection in mortgage lending, to foster competition by harmonising and raising the standard of pre-contractual information, and by opening national markets to credit intermediaries. Obstacles to foreign intermediaries limit competition for mortgages and, therefore, reduce consumer welfare with regard to best value for money mortgages. After a first reasoned opinion, which the Commission sent to the respective authorities in December 2016, the European Commission decided today to send an additional reasoned opinion. If the national authorities do not reply satisfactorily within two months, the Commission may refer the matter to the Court of Justice of the EU.
Solvency II: Commission calls on SLOVENIA to apply EU insurance rules
The Commission decided today to request Slovenia to fully implement EU law on the taking-up and pursuit of the business of insurance and reinsurance (Solvency II, Directive 2009/138/EC) and (Omnibus II, Directive 2014/51/EU). The Solvency II Directive provides for a comprehensive regulatory framework regarding the taking up and the pursuit of insurance and reinsurance business. However, the Omnibus II Directive amends some parts of the Solvency II Directive. Member States were obliged to transpose both Directives into national law and to communicate to the Commission the text of those measures by 31 March 2015. To date, Slovenia has still not fully implemented it and some provisions are still missing. Those refer mostly to the definitions of captive insurance/reinsurance undertaking, the regular reporting exemptions, access to information and certain transitional provisions concerning the group level. As a result, the Commission decided today to send an additional reasoned opinion, as an initial reasoned opinion was sent to the Slovenian authorities in November 2015. If the measures to fully enact these Directives are not notified within two months, the Commission may decide to refer Slovenia to the Court of Justice of the EU.
Payment accounts: Commission urges SWEDEN to apply EU rules on payment accounts
Today, the Commission decided to send a formal request to Sweden to notify the full enactment of EU rules on the payment accounts (the Payment Accounts Directive, Directive 2014/92/EU). The Directive improves the transparency of payment account fees and makes it easier to compare and switch payment accounts. Furthermore, EU rules give consumers legally resident in the EU the right to a basic payment account for a reasonable fee and regardless of a person's place of residence. To date, Sweden has not fully transposed the Directive into national law, despite being required to do so by 18 September 2016. Sweden has two months to inform the Commission of the measures taken to fully enact EU law. If such national measures are not notified within two months, the Commission may decide to refer Sweden to the Court of Justice of the EU.
Letters of formal notice
Investor compensation: Commission calls on CYPRUS to enact correctly national rules to comply with EU law
The Commission decided to send a letter of formal notice to Cyprus over failure to implement correctly EU rules on investor-compensation schemes (Directive 97/9/EC). The Directive, adopted in 1997, protects investors by providing compensation if an investment firm fails to return the investor's assets. Claims under the Directive typically arise if there is fraud or other administrative malpractice or when an investment firm is unable to fulfil its obligations as a result of operational errors. The Commission has concerns that the Cypriot authorities have failed to determine the firms' inability to meet investors' claims and pay compensation to investors following the establishment of claims without unreasonable delays. If Cyprus does not act within the next two months, the Commission may send a reasoned opinion on this matter.
Motor insurance: Commission requests GREECE to comply with EU rules
The Commission decided today to send a letter of formal notice to Greece regarding a provision of the Greek Motor Insurance Law. Following assessment, the Commission believes that current national provisions makes it possible to deny compensation to persons who are policyholders, legal representatives of a legal person owning the vehicle or spouses of the policyholders and their relatives. The relevant provision of Greek legislation that excludes an owner of the vehicle in the case of accident from compensation also in a case when the owner is not a driver is contrary to EU law on insurance against civil liability in respect of the use of motor vehicles (the EU Motor Insurance Directive, Directive 2009/103/EC). This is interpreted by the Court of Justice in its rulings in the cases of C-537/03, C-442/10 and C-503/16. Therefore, the Commission requests the Greek authorities to clarify its national measures for application of the Directive on motor third party liability insurance in Greece. If Greece does not act within the next two months, the Commission may send a reasoned opinion on this matter.
9. Health and Food Safety
(For more information: Anca Paduraru – tel.: +32 229 91269, Aikaterini Apostola - tel.: +32 229 87624)
Reasoned opinions
Public health: Commission urges IRELAND to notify transposition of EU law on tissues and cells intended for human application
Today, the European Commission decided to send two reasoned opinions to Ireland over failure to notify transposition of EU rules on human tissues and cells (Commission Directive (EU) 2015/565and Commission Directive (EU) 2015/566). The Commission Directive 2015/565 requires the tissues and cells intended for human application in the EU to be traceable from donor to recipient, and vice versa. A unique identifier called the Single European Code (SEC), which together with its accompanying documentation, allows for this traceability and provides information on the main characteristics of tissues and cells for human use. Commission Directive 2015/566 lays down the procedures to be followed by importing tissue establishments in their relations with their third country suppliers. These Directives set out that their provisions should have been transposed into national law by 29 October 2016 and communicated to the Commission its adopted measures. To date, there has been no notification of transposition from Ireland. Ireland has two months to communicate to the Commission the measures taken to transpose these Directives. Failure to notify these measures could lead the Commission to refer the cases to the Court of Justice of the EU.
Letters of formal notice
Cross-border healthcare: Commission calls on AUSTRIA to comply with rules on level of reimbursement
Today, the Commission decided to send a letter of formal notice to Austria. The Commission requests the Austrian authorities to ensure that the costs of healthcare received in another EU country under the EU Cross-border Healthcare Directive (Directive 2011/24/EU) are reimbursed up to the level applicable when healthcare is received in Austria. This Directive lays down patients' rights to choose to receive healthcare in another Member State and to claim reimbursement for it when returning back home. As to the level of reimbursement, it states clearly that this must be up to the level of the costs that would have been assumed by the patient's own Member State if the healthcare had been provided there, without exceeding the actual costs. Austria now has two months to respond to the arguments put forward by the Commission. Otherwise, the Commission may decide to send a reasoned opinion.
Food safety: Commission calls on CZECHIA to correctly apply EU rules on the performance of official controls
Today, the European Commission decided to send a letter of formal notice to Czechia for failing to comply with EU rules on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (Regulation (EC) No 882/2004). The Czech authorities need to carry out a systematic risk assessment and subsequent potential official controls targeting certain foodstuffs coming&
Date: 24.01.2019
Source: European Commission
Readed: 2944
