European Commission - Infringements decisions
May Infringements package: key decisions
Brussels, 19 May 2022
Overview by policy area
In its regular package of infringement decisions, the European Commission pursues legal action
against Member States for failing to comply with their obligations under EU law. These decisions,
covering various sectors and EU policy areas, aim to ensure the proper application of EU law for the
benefit of citizens and businesses.
The key decisions taken by the Commission are presented below and grouped by policy area. The
Commission is also closing 94 cases in which the issues with the Member States concerned have
been solved without the Commission needing to pursue the procedure further.
For more information on the EU infringement procedure, see the full Q&A. For more detail on all
decisions taken, consult the infringement decisions' register.
1. Environment and fisheries
(For more information: Adalbert Jahnz – Tel. +32 229 53156, Daniela Stoycheva – Tel.: +32 229
53664)
Reasoned opinions
Industrial emissions: Commission calls on CYPRUS to fully transpose the Medium
Combustion Plants Directive
The Commission is calling on Cyprus (INFR(2021)2089) to correctly transpose the Directive on the
limitation of emissions of certain pollutants into the air from medium combustion plants (Directive
(EU) 2015/2193) into national legislation. The Directive aims to reduce air pollution by setting
emission limit values for medium combustion plants. These plants are used for a wide variety of
applications including electricity generation, domestic or residential heating and cooling, and
providing heat or steam for industrial processes. They represent a significant source of emissions of
sulphur dioxide, nitrogen oxide and dust, thus contributing to air pollution. The European Green
Deal, with its Zero Pollution ambition, puts emphasis on cutting air pollution, which is among the key
factors negatively affecting human health. The Directive had to be fully transposed into national law
by 19 December 2017. In September 2021, the Commission sent a letter of formal notice to Cyprus
on the matter. The Commission is today sending a reasoned opinion to Cyprus, requesting that
authorities adopt further legislation to fully and correctly comply with the Directive. The country has
now two months to respond and take the necessary measures. Otherwise, the Commission may
decide to refer the case to the Court of Justice of the European Union.
Air quality: Commission calls on CROATIA to protect its population against air pollution
The Commission is calling on Croatia (INFR(2020)2298) to comply with the requirements
of Directive 2008/50/EC on ambient air quality and cleaner air for Europe. The European Green Deal,
with its Zero Pollution ambition, puts emphasis on cutting air pollution, which is among the key
factors affecting human health. Full implementation of the air quality standards enshrined in EU
legislation is key to effectively protect human health and safeguard the natural environment. When
the limit values set by EU's legislation are exceeded, Member States are required to adopt air quality
plans to keep the duration of the exceedance period as short as possible. In Croatia, the limit values
for particulate matter (PM10) and fine particulate matter (PM2.5) continue to be exceeded in several
areas while reports show the ineffectiveness of the measures taken. The Commission sent a letter of
formal notice in October 2020 and Croatian authorities replied in December 2020. However, data
available from air quality monitoring in Croatia shows a persistence in exceedance of PM10limit
values in three air quality zones and of PM2.5 in one zone. The air quality measures presented by
Croatia have so far not proven to be effective to reduce pollution within the agreed limits and
contribute to keeping the exceedance periods as short as possible, as required under EU law.
Therefore, the Commission has decided to issue a reasoned opinion. Croatia has now two months to
respond and take the necessary measures. Otherwise, the Commission may decide to refer the case
to the Court of Justice of the European Union.
Nature protection: Commission calls on PORTUGAL to complete the Natura 2000 network
The Commission is calling on Portugal (INFR(2019)2148) to ensure adequate protection for habitats
and species of EU interest by designating Natura 2000 sites, as required under EU nature legislation
(Habitats Directive (Directive 1992/43/EEC) and the Birds Directive (Directive 2009/147/EC). Under
these Directives, Member States committed to develop a coherent European Natura 2000 network.
The Habitats Directive requires Member States to propose adequate sites of Community importance
(SCIs) to the Commission and obliges EU countries to protect and restore to favourable conservation
status habitats that play a vital role for biodiversity. The European Green Deal and the Biodiversity
Strategy for 2030 also both indicate that it is crucial for the EU to halt biodiversity loss. In July 2019,
the Commission sent a letter of formal notice to Portugal over its failure to ensure adequate
protection for habitats and species of EU interest by designating nature protection areas. Portugal
has not yet proposed all the sites it should have, including marine sites, and those proposed do not
adequately cover the various habitat types and species that need protection. Therefore, the
Commission has decided to issue a reasoned opinion. Portugal 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.
Nature: Commission calls on SLOVENIA to designate marine special protection areas
The Commission is calling on Slovenia (INFR(2021)2068) to comply with the requirements of the
Birds Directive (Directive 2009/147/EC), which requires Member States to designate special
protection areas (SPA) with the aim of protecting wild birds. The European Green Deal and the
Biodiversity Strategy for 2030 both indicate that it is crucial for the EU to halt biodiversity loss.
Marine protected areas, such as those designated under the Birds Directive, protect important
breeding, feeding or migration areas for seabirds, playing a key role in ensuring their good status.
The Commission sent a letter of formal notice to Slovenia in June 2021. However, Slovenian
authorities have still not designated all the necessary SPAs for the Mediterranean shag, in order to
provide protection of that bird type, and the country is therefore failing to fulfil its obligations under
the Birds Directive. Therefore, the Commission has decided to issue a reasoned opinion. Slovenia
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 Impact Assessment: Commission calls on SPAIN to remedy the harmful
effects of a hotel complex on the environment
The Commission is calling on Spain (INFR(2017)2113) to offset the damage to the environment
and, in particular, to a Natura 2000 site of major importance for the conservation of rare bird species,
caused by the construction of a hotel complex in La Oliva (Fuerteventura, Canary Islands). The
competent authorities approved the project in 2001 without having assessed its environmental
effects, as required under the Environmental Impact Assessment Directive (Directive 2011/92/EU)
and the Habitats Directive (Directive 1992/43/EEC). Although Spanish courts declared the project
null and void on those grounds in 2011, the authorities decided to go ahead with the construction
works, causing irreparable damage to the habitats of critically endangered birds. The Commission
sent a letter of formal notice to Spain in 2017. However, the Spanish authorities have not fulfilled
any of their commitments to remedy the environmental effects of the complex. Therefore, the
Commission has decided to issue a reasoned opinion. Spain 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 THE NETHERLANDS to clarify national
legislation on access to justice for environmental damage
The Commission is calling on the Netherlands (INFR(2020)2113) to make sure their national
legislation clearly allows that those ‘directly affected' and those ‘likely to be affected' by
environmental damage have the right to request the authorities to take action as required by the
Environmental Liability Directive. The Directive envisages that environmental damage can be
prevented or remedied by, among others, granting the right to natural and legal persons to request
that the competent authority decides about (preventive and) remedial action to be taken by the
liable operator. The Directive also ensures that the financial consequences of the remedial action are
borne by the economic operator who caused the environmental damage. The Commission sent a
letter of formal notice in July 2020. The Netherlands indicated that, legally speaking, all categories of
persons mentioned in the Directive are covered. Nevertheless, the right of persons ‘likely to be
affected' by environmental damage to request action is not sufficiently clear from the Dutch
legislation as such, since they require interpretation. It is important – for the protection of the
environment – to remove any type of uncertainty over which persons have the right to request action
by the authorities. Therefore, the Commission has decided to issue a reasoned opinion. The
Netherlands 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.
Fisheries and maritime affairs
Letters of formal notice
Maritime spatial planning: Commission calls on BULGARIA and SPAIN to establish their
Maritime Spatial Plans
The Commission is calling on Bulgaria (INFR(2022)2025) and Spain (INFR(2022)2027) to ensure
correct implementation of Directive (EU) 2014/89 on Maritime Spatial Planning. Maritime spatial
planning seeks to organise human activities in marine areas so as to meet various ecological,
economic and social objectives. Amongst these are the development of a sustainable blue economy,
the sustainable use of marine resources, and the conservation of healthy marine ecosystems and
biodiversity, which are an essential part of the European Green Deal. The Directive required coastal
Member States to draw up maritime spatial plans no later than 31 March 2021, and to submit copies
of the plans to the Commission and other Member States concerned within three months of their
publication. Bulgaria and Spain did not comply with this requirement. The Commission is therefore
sending letters of formal notice to Bulgaria and Spain, which now have 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.
2. Internal Market, Industry, Entrepreneurship and SMEs
(For more information: Sonya Gospodinova – Tel.: +32 229 66953; Federica Miccoli – Tel.: +32 229
58300)
Reasoned opinion
Late payments: Commission calls on GREECE to ensure that businesses are paid on time
Today, the Commission has decided to send a reasoned opinion to Greece (INFR(2010)4206) for not
applying correctly the rules under the Late Payment Directive (Directive 2011/7/EU). Late payments
have negative effect on businesses, as they reduce their liquidity, prevent them from growing,
hamper their resilience, in particular in the current economic context, and their capacity to become
more green and digital. The Late Payment Directive obliges public authorities to pay their invoices
within 30 days (or 60 days for public hospitals) and public authorities should set the good example
in the fight against bad payment culture in the business environment. Between 2010 and 2020,
Greece introduced a rule providing for immediate payment of long-standing debts of public hospitals
to their private suppliers under the condition that these suppliers surrender their rights to interests,
compensation and judicial remedies. According to the Commission, this legislation constitutes a
breach of EU rules, as interpreted by the Court, notably in its judgment delivered in case C-555/14.
Greece now has two months to respond to the arguments put forward by the Commission. Otherwise
the Commission may decide to refer Greece to the Court of Justice of the European Union.
3. Migration, Home Affairs and Security Union
(For more information: Anitta Hipper - Tel.: +32 229 85691; Laura Bérard – Tel.: + 32 229 55721;
Ciara Bottomley – Tel.: +32 229 69971; Yuliya Matsyk - Tel.: + 32 229 13173)
Letters of formal notice
Legal migration: Commission calls on BULGARIA to use new format for residence permit
cards for non-EU nationals
The Commission is sending today the additional letter of formal notice to Bulgaria
(INFR(2021)2127) for failing to implement the new card format for residence permits for non-EU
nationals (Regulation (EC) 1030/2002). The Regulation was amended in 2017 to introduce a new
card format for residence permits with upgraded security features that rely on biometric data.
Bulgaria is currently not issuing the new residence permits, which had to be in place by 10 July
2020. The Commission has sent a letter of formal notice in October 2021 and additional clarifications
are now required. Bulgaria has two months to comply. In the absence of a satisfactory response, the
Commission may decide to issue a reasoned opinion.
Fight against cybercrime: Commission calls on HUNGARY, LATVIA and MALTA to comply
with the EU Cybercrime Directive
The European Commission decided today to open infringement procedures by sending letters of
formal notice to Hungary (INFR(2022)2009), Latvia (INFR(2022)2008) and
Malta (INFR(2022)2010) for the incorrect implementation of certain provisions of the Directive on
Attacks against Information Systems (Directive 2013/40/EU). The Directive is an essential part of
the EU's legal framework in the fight against cybercrime and requires Member States to strengthen
national cybercrime laws and introduce tougher criminal sanctions, including for large-scale cyberattacks. Member States are also obliged to designate points of contact, available 24 hours a day, 7
days a week, to ensure improved cooperation between national authorities. The Commission
considers that Hungary, Latvia and Malta have incorrectly transposed the measures set out in the
Directive into their national laws, in particular when it comes to the provisions regarding certain
offences, required penalty levels, and jurisdiction. Hungary, Latvia and Malta now have two months
to respond to the arguments raised by the Commission. Otherwise, the Commission may decide to
send a reasoned opinion.
Reasoned opinions
Non-cash payments: Commission urges BELGIUM, BULGARIA and CZECHIA to comply with
EU rules on combating fraud and counterfeiting of non-cash means of payment
Today, the Commission is sending a reasoned opinion to Belgium (INFR(2021)0147), Bulgaria
(INFR(2021)0158) and Czechia (INFR(2021)0183) requesting them to communicate information
about how EU rules on combating fraud and counterfeiting of non-cash means of payment (Directive
2019/713) have been transposed into their national law. Member States agreed to transpose this
Directive and communicate national transposition measures to the Commission by 31 May 2021. The
Directive criminalises theft and misappropriation of payment credentials, as well as their further sale
and distribution. It covers non-cash transactions carried out with any kind of payment instrument,
including bank cards but also virtual instruments such as mobile payments. Since Belgium, Bulgaria
and Czechia did not respect the initial transposition deadline, the Commission sent all three Member
States a letter of formal notice in July 2021. They provided their replies in September 2021.
However, given that Belgium, Bulgaria and Czechia have either partially notified or not notified
transposition measures in a clear and precise manner, the Commission decided to send them
reasoned opinions. The three countries have two months to reply and take the necessary measures.
Otherwise, the Commission may decide to refer them to the Court of Justice of the European Union.
4. Justice
(For more information: Christian Wigand - Tel.: +32 229 62253; Katarzyna Kolanko - Tel.:+32 229
63444; Cristina Torres Castillo – Tel.: +32 229 90679)
Letters of formal notice
Fight against fraud: Commission urges ESTONIA, HUNGARY, MALTA and THE NETHERLANDS
to transpose EU rules to fight fraud against the Union's budget
Today, the Commission has decided to send a letter of formal notice to Estonia (INFR(2022)2011),
Hungary (INFR(2022)2012), Malta (INFR(2022)2014) and The Netherlands (INFR(2022)2015)
because they did not correctly transpose the EU rules on the fight against fraud on the Union's
financial interests by means of criminal law (Directive (EU) 2017/1371). These rules, which are part
of the Commission's broader anti-fraud strategy, protect the EU's budget by harmonising the
definitions, sanctions, jurisdiction rules and limitation periods related to fraud and other offences
affecting the EU's financial interests. The issues identified mainly relate to the transposition of the
Directive's provisions on the definition of criminal offences (fraud, corruption and misappropriation),
sanctions and limitation periods. A proper transposition of these rules by Member States is necessary
to enable the European Public Prosecutor's Office to conduct effective investigations and
prosecutions. The deadline to transpose the Directive into national law expired on 6 July 2019.
Today's decision follows other letters of formal notice sent to Croatia, Finland, Greece, Latvia,
Luxemburg, Portugal, Romania and Spain in December 2021; and Belgium, Cyprus, Slovakia,
Slovenia and Sweden in February 2022 for non-conformity with the Directive. In addition, the
Commission has also decided to close the infringement case opened against Austria in September
2019 for having failed to properly communicate the transposition measures for this Directive. These
four Member States now have two months to reply to the arguments raised by the Commission. In
the absence of a satisfactory response, the Commission may decide to send a reasoned opinion.
Data Protection: Commission calls on GERMANY to correctly transpose the Data Protection
Law Enforcement Directive
Today, the European Commission has decided to send a letter of formal notice to Germany
(INFR(2022)2030) for failing to fulfil its obligations under the Data Protection Law Enforcement
Directive (Directive (EU) 2016/680). Germany has failed to correctly transpose the provision
stipulating that the data protection supervisory authorities must have effective corrective powers of
various types. These types include warnings, orders to bring the processing operations into
compliance with the data protection rules, in particular by ordering the rectification or erasure of
personal data or restriction of processing, as well as imposing a temporary, definitive limitation or
ban of processing. The data protection supervisory authorities must be able to exercise their powers
against the controllers or processors. The Commission considers that the correct transposition of the
provisions relating to the powers of the data protection supervisory authorities is an essential
element for the effective guarantee of the fundamental right to the protection of personal data. The
Commission sent letters of formal notice to several Member States in April 2022 for failing to
correctly transpose this Directive within the deadline. Germany now has two months to reply to the
Commission and take the necessary measures to remedy the situation. Failing a satisfactory reply,
the Commission may decide to issue a reasoned opinion.
European Arrest Warrant: Commission launches infringement procedure against
LUXEMBOURG and ROMANIA for incorrect transposition
The Commission decided today to open an infringement procedure by sending a letter of formal
notice to Luxembourg (INFR(2022)2018) and Romania (INFR(2021)2263) on the grounds that
some provisions of the Framework Decision on the European arrest warrant have not been transposed
correctly, concerning for instance time-limits to take a decision on whether to execute a European
arrest warrant or the surrender of a requested person. The European arrest warrant is a simplified
cross-border judicial procedure to surrender a requested person for the purpose of prosecution or
executing a custodial sentence or detention order. Operational since 1 January 2004, the European
arrest warrant has replaced the lengthy extradition procedures that used to exist between EU
Member States. The Commission has sent letters of formal notice to other 24 Member States for not
transposing, or for not transposing certain provisions of the Framework Decision. Luxembourg and
Romania now have two months to reply to the Commission. Otherwise, the Commission may decide
to send a reasoned opinion.
Reasoned opinions
Market Abuse Directive: Commission calls on SPAIN to comply with the requirements on
criminal sanctions
The Commission has sent a reasoned opinion to Spain (INFR(2019)2127), urging it to comply with
the requirements of the Directive on criminal sanctions for market abuse (Directive 2014/57/EU).
The Directive requires Member States to introduce common definitions of criminal offences of insider
dealing and market manipulation, and to impose maximum criminal penalties for the most serious
market abuse offences. Member States need to ensure that such behaviour - including the
manipulation of benchmarks - is a criminal offence, punishable with effective sanctions everywhere
in Europe. Spain has not correctly transposed the Directive into national law, notably by not
providing for a maximum term of imprisonment of at least four years for certain cases of insider
dealing covered by the Directive. The Commission sent a letter of formal notice to Spain in April
2019. As Spain's response did not satisfactorily address these concerns, the Commission has decided
today to issue a reasoned opinion. Spain has now 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.
5. Energy and climate
(For more information: Tim McPhie – Tel.: +32 229 58602; Giulia Bedini – Tel. +32 229 58661)
pending validation
Letters of formal notice
Energy efficiency: Commission calls on DENMARK, FRANCE and PORTUGAL to complete the
transposition of the Energy Efficiency Directive
The Commission decided today to send letters of formal notice to Denmark (INFR(2022)2038),
France (INFR(2022)2039) and Portugal (INFR(2022)2040) 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. Transposition is being examined in all Member
States. The 22 Member States that had not declared full transposition by the deadline received a
letter of formal notice in November 2020. Denmark, France and Portugal had declared full
transposition and, therefore, did not receive a letter of formal notice at the time. However, after
examination of the national transposition measures notified, the Commission now considers that the
transposition is not complete. They now have two months to reply. Otherwise, in the absence of a
satisfactory response, the Commission may decide to send a reasoned opinion.
Internal energy market: Commission calls on BELGIUM, CZECHIA, IRELAND, LITHUANIA
POLAND and SPAIN to fully transpose EU rules on the internal electricity market
The Commission decided today to send letters of formal notice to Belgium (INFR(2022)2032),
Czechia (INFR(2022)2033), Ireland (INFR(2022)2035), Lithuania (INFR(2022)2036), Poland
(INFR(2022)2037) and Spain (INFR(2022)2034) for having only partially communicated national
measures transposing EU rules for the internal market for electricity, as set out in Directive (EU)
2019/944, amending Directive 2012/27/EU. This Directive lays down key rules relating to the
organisation and functioning of the EU electricity sector with a view to creating truly integrated,
competitive, consumer-centred, flexible, fair and transparent electricity markets across the Union.
The deadline to transpose the Directive into national law was 31 December 2020. Following today's
letters of formal notice, the 6 Member States now have two months to notify the Commission of their
transposition measures ensuring full implementation of the EU rules. Otherwise, in the absence of a
satisfactory response, the Commission may decide to send a reasoned opinion.
Basic safety standards: Commission calls on ITALY to comply with a Court judgment of the
Court of Justice of the European Union concerning the transposition of EU radiation
protection legislation
The Commission decided today to send a letter of formal notice in accordance with Article 260(2)
TFEU to Italy (INFR(2018)2044) for failing to comply with a judgement of the Court of Justice of the
European Union. The Court had found that Italy did not transpose the revised Basic Safety Standards
Directive (Council Directive 2013/59/Euratom). The Directive, which modernises and consolidates EU
radiation protection legislation, lays down basic safety standards to protect the general public,
workers and patients against the dangers arising from exposure to ionising radiation. It also includes
emergency preparedness and response provisions that were strengthened following the Fukushima
nuclear accident. Member States were required to transpose the Directive by 6 February 2018. In
January 2021, the Court rendered its judgement in Case C-744/19, declaring that Italy had failed to
transpose the Directive into national law. By letter of April 2021, the Commission asked the Italian
authorities to explain what measures they had taken to comply with the judgement and thus ensure
the complete transposition of the Directive. The Commission assessed the Italian authorities' replies
and concluded that the measures taken by Italy do not constitute full compliance with the judgment.
Therefore, the Commission is sending a letter of formal notice, in accordance with Article 260(2) of
the TFEU. Italy now has two months to respond to the letter and address the shortcomings raised by
the Commission. Otherwise, the Commission may decide to refer the case for a second time to the
Court of Justice of the European Union and request financial penalties.
Reasoned opinions
Energy efficiency: Commission urges CROATIA, LUXEMBOURG, SLOVAKIA and SPAIN to
complete the transposition of the Energy Efficiency Directive
The Commission decided today to send reasoned opinions to Croatia (INFR(2020)0529),
Luxembourg (INFR(2020)0539), Slovakia (INFR(2020)0564) and Spain (INFR(2020)0522) 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. The
four Member States, having not declared full transposition of the revised Energy Efficiency Directive
by the deadline, received a letter of formal notice in November 2020. After examination of the
national transposition measures, the Commission considers that the transposition in Croatia,
Luxembourg, Slovakia and Spain is still not complete. They now have two months to reply.
Otherwise, the Commission may decide to refer the case to the Court of Justice of the European
Union.
Renewable energy: Commission urges CROATIA, CYPRUS, GERMANY, GREECE, HUNGARY,
IRELAND, LUXEMBOURG, PORTUGAL and ROMANIA to transpose the Renewable Energy
Directive *
The Commission decided today to send reasoned opinions to Croatia (INFR(2021)0248), Cyprus
(INFR(2021)0169), Germany (INFR(2021)0192), Greece (INFR(2021)0209), Hungary
(INFR(2021)0256), Ireland (INFR(2021)0260), Luxembourg (INFR(2021)0286), Portugal
(INFR(2021)0326) and Romania (INFR(2021)0333) 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 costeffective, 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. Furthermore, it strengthens
criteria to ensure the sustainability of bioenergy. 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 these
Member States. To date, Croatia, Germany, Hungary, Portugal and Romania have failed to provide to
the Commission clear and precise information in relation to which national provisions transpose each
provision of the Directive; and Cyprus, Greece, Ireland, and Luxembourg have only partially notified
national measures transposing 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 HUNGARY, IRELAND, LITHUANIA and
SLOVENIA to transpose the Energy Performance of Buildings Directive
The Commission decided today to issue reasoned opinions to Hungary (INFR(2020)0193), Ireland
(INFR(2020)0201), Lithuania (INFR(2020)0213) and Slovenia (INFR(2020)0259) 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 airconditioning systems. The deadline to transpose the Directive into national law expired on 10 March
2020. In May 2020, a letter of formal notice was issued to these Member States after they failed to
declare full transposition of the Directive. Having examined the national transposition measures
notified, the Commission considers that Hungary, Ireland, Lithuania and Slovenia have still not fully
transposed. 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.
Radioactive waste: Commission calls on CROATIA, ESTONIA, ITALY, PORTUGAL and
SLOVENIA to adopt a national programme for radioactive waste management in line with
EU rules
The Commission has decided to send reasoned opinions to Croatia (INFR(2020)2267), Estonia
(INFR(2018)2028), Italy (INFR(2020)2266), Portugal (INFR(2020)2315) and Slovenia
(INFR(2018)2020) for adopting national programmes for radioactive waste management which are
not entirely compliant with the Spent Fuel and Radioactive Waste Directive (Council Directive
2011/70/Euratom). Radioactive waste is generated from the production of electricity in nuclear
power plants, but also from the non-power-related use of radioactive materials for medical, research,
industrial and agricultural purposes. This means that all Member States generate radioactive waste.
The Directive establishes a framework requiring the responsible and safe management of spent fuel
and radioactive waste to ensure a high level of safety and avoid imposing undue burdens on future
generations. In particular, it requires Member States to draw up and implement national
programmes for the management of all spent fuel and radioactive waste generated on their territory,
from generation to disposal. The national programmes notified by Croatia, Estonia, Italy, Portugal
and Slovenia were found to be non-compliant with certain requirements of the Directive. The Member
States concerned now have two months to address the shortcomings identified by the Commission.
In the absence of a satisfactory response, the Commission may decide to refer the cases to the Court
of Justice of the European Union.
6. Taxation and Customs Union
(For more information: Daniel Ferrie – Tel.: +32 229 86500; Francesca Dalboni – Tel.:
+32 229 88170)
Letters of formal notice
Taxation: Commission requests GERMANY to bring its tax rules on voluntary pension
savings contracts (“Riester-Rente” contracts) concluded after 1 January 2010 in line with
EU law
The Commission has decided today to send a letter of formal notice to Germany (INFR(2022)4014),
requesting it to amend its tax legislation on voluntary pension savings contracts. These rules deny
German residents employed in another EU/EEA State a pension-savings bonus and a special tax
deduction for pension-savings contracts concluded after 1 January 2010. In order to benefit from
these advantages, an individual currently needs to be subject to the German statutory pension
scheme. In general, it is compulsory for an employee to be insured under the social security system
of a single Member State, which is in principle the state of their employment. Therefore, a person
who resides in Germany but works in another Member State is subject to the social security
legislation of the Member State where they work, and cannot choose to contribute to the German
statutory pension scheme. Such a worker can nevertheless decide to take part in a voluntary pension
scheme in Germany, by concluding a pension-savings contract. However, such a worker, who is
otherwise taxed on their foreign employment income in Germany, will be excluded from the abovementioned advantages of this particular contract. The German legislation therefore seems to
constitute a restriction on the free movement of workers, guaranteed in Article 45 of the TFEU and
Article 28 of the EEA Agreement. If Germany does not provide a satisfactory response within the
next two months, the Commission may send a reasoned opinion to the German authorities.
Referrals to the Court of Justice
Car taxation: Commission decides to refer MALTA to the Court of Justice of the European
Union over its legislation on annual circulation tax
The European Commission has today decided to refer Malta [INFR(2018)2362] to the Court of
Justice of the European Union for taxing used cars imported from other Member States more heavily
than used cars purchased on the Maltese market. In the absence of harmonisation of car taxes, each
Member State can arrange its tax measures in accordance with its own assessments. However,
Article 110 TFEU requires each Member State to select and arrange car taxes in such a way that they
do not have the effect of promoting sales of domestic second-hand cars and so discourage the
transfer of similar second-hand cars from other Member States. Currently, cars first registered in
Malta since 1 January 2009 are subject to a generally higher annual circulation tax than those
registered before that date, due to a difference in the way the tax is calculated, in the context of a
reorganisation of the car taxation system in Malta. However, the Maltese car taxation system does
not take into account the date of the first registration of the vehicle, where registration took place in
another Member State, but rather the date of registration in Malta. As a result, vehicles registered in
other Member States before 1 January 2009 and brought to Malta after that date are subject to a
higher annual registration tax than similar vehicles already registered in Malta before that date. This
discriminatory effect is not compatible with Article 110 TFEU, which prohibits discrimination against
imported products. The Commission sent a reasoned opinion to the Maltese Authorities on 9 June
2021 formally requesting them to amend, within two months, this legislation. The response given by
Malta to this reasoned opinion was not considered satisfactory. A press release is available online.
7. Mobility and Transport
(For more information: (For more information: Adalbert Jahnz – Tel.: +32 229 53156, Anna
Wartberger - Tel.: +32 229 82054)
Reasoned opinions
Road Transport: Commission calls on GREECE to increase the number of roadside checks
The Commission today decided to send a reasoned opinion to Greece (INFR(2018)2336) for failing
to comply with Directive 2006/22/EC. The Directive requires Member States to carry out a minimum
number of checks at the roadside and at the premises of road transport undertakings to verify
drivers' and operators' compliance with rules on driving and resting times, and on the use of
tachographs. Roadside checks should cover at least 3% of days worked by drivers. Greece has
consistently failed to reach the minimum threshold of checks prescribed by Directive 2006/22/EC.
Greece now has two months to respond to the arguments raised by the Commission. In the absence
of a satisfactory response, the Commission may decide to refer the matter to the Court of Justice of
the European Union.
Road transport: Commission calls on BELGIUM, BULGARIA, HUNGARY, IRELAND, POLAND
and PORTUGAL to transpose European Electronic Tolling Service (EETS) legislation **
The Commission today decided to send reasoned opinions to Belgium (INFR(2021)0515), Bulgaria
(INFR(2021)0517), Hungary (INFR(2021)0529), Ireland (INFR(2021)0531), Poland
(INFR(2021)0537) and Portugal (INFR(2021)0539), for failing to notify the Commission of national
measures to transpose the European Electronic Tolling Service (EETS) Directive (Directive (EU)
2019/520). The EETS is a tolling system for which EU road-users can pay with one subscription
contract, one service provider and one on-board unit that covers all Member States. The Directive has
two objectives: ensuring the interoperability of electronic road toll systems and facilitating the crossborder exchange of information on failure to pay road fees. The transposition deadline for this
Directive elapsed on 19 October 2021 and the six concerned Member States have not yet informed
the Commission of any transposition measures. Today's reasoned opinions follow the letters of formal
notice sent in November 2021 on the same matter to 19 Member States. Without a satisfactory
response from these Member States within two months, the Commission may decide to refer the
matter to the Court of Justice of the European Union.
Passenger road transport: Commission urges DENMARK to comply with EU cabotage rules
The Commission today decided to send a reasoned opinion to Denmark (INFR (2021)2072)
regarding its interpretation of the notion of ‘temporary cabotage' for bus and coach passenger
transport (Regulation (EC) No 1073/2009). Denmark defines temporary cabotage as “seven
consecutive days in one calendar month”. The Danish interpretation would ensure that cabotage
operations were temporary and proportionate. However, its strict, isolated and automatic application
could result in a situation where cabotage operations that are temporary in nature will not be treated
as such by the Danish authorities – for example, in cases where one cabotage operation is provided
in the first week of a month and another one in the third week.
Denmark now has two months to respond to the arguments raised by the Commission. In the
absence of a satisfactory response, the Commission may decide to refer the matter to the Court of
Justice of the European Union.
Fourth Railway Package: Commission calls on SWEDEN to fully transpose new rules
The Commission today decided to send a reasoned opinion to Sweden (INFR (2020)0558 and
INFR(2020)0559) regarding its failure to notify the Commission of transposition measures for the rail
interoperability and rail safety rules as set out in Directive (EU) 2016/797 and Directive (EU)
2016/798. The Directives are part of the technical pillar of the Fourth Railway Package, which
introduced accelerated procedures, lower costs and a streamlined certification and authorisation
system, in particular for rolling stock to be used in several Member States, and for railway
undertakings operating beyond one Member State. It also aims at simplifying the regulatory
framework by eliminating unnecessary national technical and operational obstacles to ensure smooth
rail traffic across the Union. Today's reasoned opinion follows the letter of formal notice sent by the
Commission in November 2020. Sweden now has two months to reply and take the necessary
measures. Otherwise, the Commission may refer the case to the Court of Justice of the European
Union.
8. Financial Stability, Financial Services and Capital Markets Union
(For more information: Daniel Ferrie – Tel.: +32 229 86500, Aikaterini Apostola - Tel.: +32 229
87624)
Reasoned opinions
Anti-Money Laundering: Commission urges PORTUGAL to complete the transposition of the
5thAnti-Money Laundering Directive
The Commission has today sent a reasoned opinion to Portugal (INFR(2020)2016) for failing to fully
transpose the 5 th Anti-Money Laundering Directive (5 th AMLD). Even though Portugal has declared
complete transposition of the Directive, the Commission considers that several provisions of the
Directive have in fact not been transposed. These relate to the obligations of credit and financial
institutions as regards anonymous prepaid cards issued in third countries; information to be obtained
on business relationships or transactions, involving high-risk third countries; and the accessibility of
the information on the beneficial ownership of a trust or a similar legal arrangement. 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. Therefore,
complete and correct transposition is of outmost importance. Without a satisfactory response from
Portugal within 2 months, the Commission may decide to refer the case to the Court of Justice of the
European Union.
Motor Insurance: Commission urges GREECE to amend the transposition of the Motor
Insurance Directive (Directive 2009/103/EC)
The Commission has today sent a reasoned opinion to Greece (INFR(2018)4150) for failing to
correctly transpose the Motor Insurance Directive (Directive 2009/103/EC). The Directive contains
rules to protect victims of accidents caused by the use of motor vehicles. The Commission has
identified instances of incorrect transposition into national law. In particular, the Greek legislative
transposition of the Motor Insurance Directive excludes from the compensation the injured passenger
if the person happens to be also the owner of the vehicle. This is contrary to the Motor Insurance
Directive. Without a satisfactory response from Greece within two months, the Commission may
decide to refer the case to the Court of Justice of the European Union.
9. Digital economy
(For more information: Johannes Bahrke – Tel.: +32 229 58615, Charles Manoury - Tel.: +32 229
13391)
Reasoned opinions
Open data directive: Commission calls on ROMANIA and SLOVENIA to comply with EU rules
open data and public sector data reuse
Today, the European Commission has sent reasoned opinions to Romania (INFR(2021)0493) and
Slovenia (INFR(2021)0505) asking to communicate information about how EU rules on open data
and the reuse of public sector data (Directive EU 2019/1024, referred to as the Open Data directive)
are transposed in national law. While the transposition deadline expired on 17 July 2021, the
Member States listed above still failed to communicate all their national measures, despite the
letters of formal notice sent on 30 September 2021. The Directive on open data and the reuse 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 reuse. 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 supports new technologies, including artificial intelligence. Without a satisfactory response
from these Member States within two months, the Commission may decide to refer the matter to the
Court of Justice of the European Union.
Copyright: Commission urges Member States to fully transpose EU copyright rules into
national law
Today, the Commission has decided to send reasoned opinions to Bulgaria (INFR 2021/0159),
Cyprus (INFR 2021/0172), Greece (INFR 2021/0211), Ireland (INFR 2021/0261), Latvia (INFR
2021/0295), Poland (INFR 2021/0320), Portugal (INFR 2021/0329), Slovenia (INFR 2021/0353),
Slovakia (INFR 2021/0361) and Finland (INFR 2021/0231) over their failure to notify the
Commission of transposition measures on copyright and related rights applicable to certain online
transmissions (EU Directive 2019/789). The Commission has also today sent reasoned opinions to
Belgium (INFR 2021/0149), Bulgaria (INFR 2021/0160), Cyprus (INFR 2021/0173), Denmark
(INFR 2021/0196), Greece (INFR 2021/0212), France (INFR 2021/0241), Latvia (INFR
2021/0296), Poland (INFR 2021/0321), Portugal (INFR 2021/0330), Slovenia (INFR 2021/0354),
Slovakia (INFR 2021/0362), Finland (INFR 2021/0232) and Sweden (INFR 2021/0345) for failure
to notify the Commission of transposition measures on copyright and related rights in the Digital
Single Market (Directive (EU) 2019/790).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. Member States must enact these rules without
further delays, this will allow EU citizens, the creative sectors, the press, researchers, educators and
cultural heritage institutions as well as service providers across the EU to start benefitting from
them. On 23 July 2021, the Commission opened the infringement procedure by sending letters of
formal notice to the Member States that did not communicate complete transposition of the two
Directives. The Commission today followed up with reasoned opinions for those Member States
mentioned above. These Member States now have two months to remedy the situation and adopt
national transposing measures for both directives. Otherwise, the Commission may decide to refer
them to the Court of Justice of the European Union. You will find a press release here.
Referrals to the Court of Justice
Audiovisual Media Services Directive: Commission refers five Member States to the Court of
Justice of the EU
The Commission has today decided to refer Czechia (INFR 2020/0510), Ireland (INFR 2020/0531),
Romania (INFR 2020/0555), Slovakia (INFR 2020/0563) and Spain (INFR 2020/0521), to the
Court of Justice of the European Union over their failure to transpose the revised Audiovisual Media
Services Directive (“AVMSD”, Directive (EU) 2018/1808), with a request to impose financial
sanctions in accordance with Article 260(3) TFEU. The AVMSD governs EU-wide coordination of
national legislation on all audiovisual media. The latest review of AVMSD was carried out in 2018.
The revised AVMSD provides EU-wide media content standards for all audiovisual media, both
traditional TV broadcasts and on-demand services, in addition to video-sharing platforms. These new
EU rules aim to create a safer, fairer and more diverse audiovisual landscape. They reinforce the
protection of viewers, with a particular regard to the safety of those most vulnerable, such as minors,
extend rules regarding illegal and harmful content to video-sharing platforms, and foster cultural
diversity in audiovisual media. Moreover, the Directive introduced additional independence
requirements for national media regulators. Member States had to transpose this Directive and
communicate the national transposition measures to the Commission by 19 September 2020. In the
absence of adoption of the relevant national rules, the Commission sent Letters of Formal Notice to
23 Member States in November 2020, followed by nine Reasoned Opinions in September and two in
November 2021. To date, the Member States listed above have failed to fully transpose and
communicate the measures implementing the AVMSD. For this reason, the Commission decided
today to refer these cases to the Court of Justice of the European Union. These referrals include a
request to impose financial sanctions in accordance with Article 260(3) TFEU. You can find the press
release here.
10. Jobs and social rights
(For more information: Veerle Nuyts – Tel.: +32 229 96302; Flora Matthaes – Tel.: +32 229 83951)
Letter of formal notice
EU labour law: Commission calls on IRELAND to amend its legislation on European Works
Councils
The Commission calls on Ireland (INFR(2022)4021) to comply with EU rules to ensure the effective
enforcement of workers' rights under the Directive on European Works Councils (Directive
2009/38/EC). European Works Councils play an important role for the information and consultation of
employees of multinational companies across borders. Member States must put in place adequate
administrative or judicial procedures so that workers and company management can enforce all the
rights and obligations deriving from the Directive. The Commission has identified a number of
shortcomings in Irish legislation, which fails to guarantee the right of workers' representatives, the
Special Negotiating Body (a body of workers' representatives) or the European Works Council to go
to a national court over disputes related to breaches of the rights and obligations under this
Directive. This concerns for instance disputes related to the right to request assistance and presence
of an expert in negotiation meetings or disputes related to confidentiality obligations. The
Commission is therefore sending a letter of formal notice to Ireland, which now has two months to
respond and take the necessary measures. In the absence of a satisfactory response, the
Commission may decide to issue a reasoned opinion.
Reasoned opinion
Protecting workers from cancer-causing chemicals: Commission proceeds with
infringement case against SPAIN
Today, the Commission has decided to send a reasoned opinion to Spain (INFR(2021)0410) for
failing to communicate its national law transposing EU rules designed to protect workers from
cancer-causing chemicals, such as carcinogens and mutagens (Directive (EU) 2019/983). This EU
Directive is the third revision of the Carcinogens and Mutagens Directive. It improves protection for
about 1 million workers in Europe by limiting workers' exposure to five cancer-causing chemicals. For
example, under the third revision of the Directive formaldehyde has been included, which is broadly
used in building and construction works, paper and paper products, wood and wood products and
can lead to nasopharyngeal cancer, a type of head and neck cancer, and leukaemia. Member States
were required to transpose the third update of the rules and communicate the respective national
measures to the Commission by 11 July 2021. To date, Spain has still not done so, despite the
Commission already having sent a letter of formal notice on 30 September 2021. Today, the
Commission is therefore following up with a reasoned opinion. Spain now has two months to reply to
the reasoned opinion and to take the necessary measures. Otherwise, the Commission may refer the
case to the Court of Justice of the European Union.
* UPDATED ON 19-05-2022 at 14:50
** UPDATED ON 20-05-2022 at 14:07
INF/22/2548