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 69 cases in which the issues with the Member States concerned have been solved without the Commission needing to pursue the procedure further.
For more information on the EU infringement procedure, see the full Q&A. For more detail on the history of a case, you can consult the infringement decisions’ register.
Environment
Letters of formal notice
The Commission calls on PORTUGAL to improve its national rules on the prevention of major accidents involving dangerous substances
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Portugal (INFR(2024)2225) for failing to bring its national legislation fully in line with the Directive on the control of major-accident hazards involving dangerous substances (‘Seveso III’) (Directive 2012/18/EU). The Directive applies to more than 12,000 industrial installations in the European Union where dangerous substances are used or stored in large quantities. It also lays down rules to prevent major industrial accidents and minimise their harmful impacts on human health and the environment. Sectors like the chemical and petrochemical industry, and the fuel wholesale and storage sectors are covered by its scope. Different safety regimes apply, depending on the amount of dangerous substances present, with stricter legal requirements applying to installations handling high amounts. To date, Portugal has failed to correctly transpose provisions concerning the scope of the Directive, information to the public and emergency plans. The Commission is therefore sending a letter of formal notice to Portugal, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
The Commission calls on SWEDEN to comply with the Water Framework Directive
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Sweden (INFR(2024)2236) for failing to comply with the Water Framework Directive (Directive 2000/60/EC). Full implementation of the water quality standards set out in EU legislation is key to protecting human health and the environment. The Directive requires Member States to establish a programme of measures for each river basin district to ensure good status of European water bodies, such as rivers and lakes. These measures must be included in the river basin management plans which must be established and reported to the Commission every six years. Each programme of measures must include basic measures to control different types of water abstraction, impoundment, point source discharge, diffuse sources liable to cause pollution, and any other significant adverse impacts on water quality. Member States are required to periodically review and update these controls, including any water permits granted for these purposes. The Commission has already initiated similar infringement procedures against six other Member States (Cyprus, the Netherlands, Austria, Slovenia, Belgium and Finland). In Sweden, national law does not provide for periodic reviews of the relevant controls, or, for some of the controls, the periodic reviews are not frequent enough. For example, the majority of Sweden’s hydropower dams operate based on permits dating back to the period between 1918 and 1978, with potentially negative impacts for river biodiversity. In addition, many water abstractions are operated without permits even if the abstractions may have significant impacts on the status of the affected water bodies. Furthermore, the water abstraction registers – in which Member States must list all abstractions having significant impact – are not comprehensive. The Commission is therefore sending a letter of formal notice to Sweden, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
The Commission calls on PORTUGAL to correctly transpose EU legislation on medium combustion plants
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Portugal (INFR(2024)2224) for failing to correctly transpose the Directive on limiting emissions of certain pollutants into the air from medium combustion plants (Directive (EU) 2015/2193). This Directive aims to reduce air pollution by setting emission limit values for medium combustion plants (with thermal input from 1 MW to less than 50 MW). 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 are a significant source of emissions of sulphur dioxide, nitrogen oxide and dust. The respect of the emission limit values, and air quality standards laid out in EU legislation is key to effectively protect human health and safeguard the natural environment. Portugal has not correctly transposed provisions concerning exemptions, the monitoring of emissions, and the operator’s obligations into national legislation. The Commission is therefore sending a letter of formal notice to Portugal, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Reasoned opinions
The Commission calls on GERMANY, ESTONIA and POLAND to bring fully in line with EU law their national rules to prevent major accidents involving dangerous substances
Today, the European Commission decided to send reasoned opinions to
- Germany (INFR(2020)2103),
- Estonia (INFR(2020)2117) and
- Poland (INFR(2021)2067)
for failing to bring their national legislation fully into line with the Directive on the control of major-accident hazards involving dangerous substances (‘Seveso III’) (Directive 2012/18/EU). The Directive applies to more than 12,000 industrial installations in the European Union where dangerous substances are used or stored in large quantities. It also lays down rules to prevent major industrial accidents and minimise their harmful impacts on human health and the environment. Sectors like the chemical and petrochemical industry, and the fuel wholesale and storage sectors are covered by its scope. Different safety regimes apply, depending on the amount of dangerous substances present, with stricter legal requirements applying to installations handling high amounts. The Commission sent a letter of formal notice to Germany and to Estonia in May 2020 and to Poland in June 2021. All the Member States somewhat improved the transposition of the Directive in response. However, to date, breaches still persist, and full compliance has not yet been achieved. Therefore, the Commission has decided to issue reasoned opinions to Germany, Estonia and Poland, which now have two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union.
The Commission calls on POLAND to comply with EU law on bathing water quality
Today, the European Commission decided to send a reasoned opinion to Poland (INFR(2020)4058) to address shortcomings in the transposition of the Bathing Water Directive (Directive 2006/7/EC). The Directive lays down rules for monitoring and classification of bathing waters for at least two parameters of specific bacteria. In addition, Member States must inform the public about bathing water quality and beach management, through the bathing water profiles. The Directive also requires competent authorities to take appropriate protective measures when bathing water quality poses risks for human health. The Commission sent a letter of formal notice to Poland in October 2020. Poland has still not correctly transposed the Directive’s requirements on several points such as the identification and designation of bathing water, monitoring obligations and various duties of competent authorities in cases of pollution or identified risks to human health, as well as informing and consulting members of the public. Therefore, the Commission has decided to issue a reasoned opinion to Poland, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
The Commission calls on POLAND to complete the Natura 2000 network
Today, the European Commission decided to send a reasoned opinion to Poland (INFR(2019)2137) for failing to ensure adequate protection of habitats and species of EU interest by designating nature protection (Natura 2000) areas. Under the Habitats Directive (Directive 92/43/EEC) and Birds Directive (Directive 2009/147/EC), Member States agreed to the development of a coherent European Natura 2000 network by proposing adequate sites of Community importance to the Commission. The Commission sent a letter of formal notice to Poland in July 2019 for failing to propose all the sites that should have been in line with the legal and scientific conditions. In addition, some of those proposed did not adequately cover the various habitat types and species that needed protection. At the same time, the Commission also identified important gaps in the completeness and the quality of data for the protected sites. Despite progress, Poland has still not addressed all the identified shortcomings and the breach of the obligations under EU nature law persists. Therefore, the Commission has decided to issue a reasoned opinion to Poland, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
The Commission calls on GREECE and CYPRUS to improve their treatment of waste
Today, the European Commission decided to send a reasoned opinion to
- Greece (INFR(2021)2166) and
- Cyprus (INFR(2021)2217)
for failing to correctly apply the Landfill Directive (Directive 1999/31/EC) and the Waste Framework Directive (Directive 2008/98/EC on waste as amended by Directive (EU) 2018/851). The Landfill Directive sets standards for landfills to prevent adverse effects on human health, water, soil and air. The Waste Framework Directive obliges Member States to take measures to ensure that only waste that has been subject to treatment is landfilled. Member States must recover and dispose of waste in a manner that does not endanger human health and the environment, prohibiting the abandonment, dumping or uncontrolled disposal of waste. The Commission sent a letter of formal notice to Greece in November 2021 regarding shortcomings in 84 landfills, but also regarding Greece’s failure to establish an integrated and adequate network of waste management installations, considering the best available techniques. In December 2021, the Commission sent a letter of formal notice to Cyprus for failing to ensure that waste is subject to an adequate treatment before being landfilled and for failing to establish an integrated and adequate network of waste management installations, considering the best available techniques. The shortcomings concerned three landfills. Having assessed the reply submitted by the Greek and Cypriot authorities, and based on the recent data, the Commission has concluded that all landfills remain non-compliant. In addition, the capacity of installations for treatment of waste before landfilling in both countries is insufficient for treating mixed municipal waste. Therefore, the Commission has decided to issue a reasoned opinion to Greece and Cyprus, which now have two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union.
The Commission calls on BULGARIA to apply the ‘polluter pays’ principle in calculating the waste management fee
Today, the European Commission decided to send a reasoned opinion to Bulgaria (INFR(2023)2064) for failing to apply the polluter pays principle under the Waste Framework Directive (Directive 2008/98/EC) on waste as amended by Directive (EU) 2018/851). To comply with the ‘polluter pays’ principle on which the Directive is based, the original waste producer or the current or previous waste holders must bear the costs for waste management (including the collection, transport, recovery (including sorting), and disposal of waste). In Bulgaria, the costs for waste management that citizens and businesses pay are widely based on the tax value of the property and do not take into account relevant parameters such as the quantity of household waste generated. A 2019 study found that Bulgaria was the only Member State with such a system. Since the system is not compliant with the legal conditions, the Commission sent a letter of formal notice in July 2023. Although Bulgaria amended its legislation to address the issue, the provisions have never become effective as their application was postponed consecutively each year from 2015 to 2025. According to the latest postponement, adopted by law in September 2024, the provisions ensuring compliance with the ‘polluter pays’ principle will become effective only in January 2026. Therefore, the Commission has decided to issue a reasoned opinion to Bulgaria, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Referral to the Court of Justice
The Commission decides to refer SLOVAKIA to the Court of Justice of the European Union for failing to adequately treat urban waste water
Today, the European Commission decided to refer Slovakia to the Court of Justice of the European Union for failing to fully comply with the collection and treatment obligations set in the urban waste water treatment directive (Directive 91/271/EEC). The Directive aims to protect people’s health and the environment by requiring that urban waste water be collected and treated before discharge into the environment. Towns and cities (agglomerations) need to put in place the necessary infrastructure to collect and treat their urban waste water. Uncollected or untreated waste water can put human health at risk and pollute lakes, rivers, soil and coastal and groundwater. The case concerns 25 agglomerations in Slovakia that do not comply with the urban waste water treatment directive. The Commission sent a letter of formal notice to Slovakia in February 2017, followed by a reasoned opinion in November 2019. Despite some progress, the Slovak authorities have not yet fully addressed the grievances. The Commission considers that efforts by the Slovak authorities have, to date, been insufficient and is therefore referring Slovakia to the Court of Justice of the European Union. More information is in the press release.
Internal Market, Industry, Entrepreneurship and SMEs
Letters of formal notice
Commission calls on BELGIUM, BULGARIA, CZECHIA, DENMARK, GERMANY, IRELAND, GREECE, SPAIN, FRANCE, ITALY, CYPRUS, LATVIA, LUXEMBOURG, HUNGARY, MALTA, NETHERLANDS, AUSTRIA, POLAND, ROMANIA, SLOVENIA, FINLAND and SWEDEN to reduce burden on professionals wanting to provide temporary and occasional services
The European Commission decided to open an infringement procedure by sending a letter of formal notice to
- Belgium,
- Bulgaria,
- Czechia,
- Denmark,
- Germany,
- Ireland,
- Greece,
- Spain,
- France,
- Italy,
- Cyprus,
- Latvia,
- Luxembourg,
- Hungary,
- Malta,
- the Netherlands,
- Austria,
- Poland,
- Romania,
- Slovenia,
- Finland and
- Sweden
for failing to comply with the EU Professional Qualifications rules (Directive 2005/36/EC). These rules make it easier for professionals to provide their services on a temporary and occasional basis in different Member States, whilst guaranteeing protection for consumers and citizens. Exceptionally, for professions having public health and safety implications, Member States may check qualifications before allowing the provision of services. Such prior checks can significantly delay the start of the activities, and therefore they can only be imposed under strict conditions, in particular when a lack of professional qualifications could lead to serious damage to the health or safety of the service recipient. The Commission considers that these 22 Member States require prior checks in an unjustified way for several professions that do not satisfy the conditions under which such checks are allowed and has focused this enforcement action on three areas of particular importance, i.e. construction, transport and business services. The Commission is therefore sending a letter of formal notice to Belgium, Bulgaria, Czechia, Denmark, Germany, Ireland, Greece, Spain, France, Italy, Cyprus, Latvia, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Romania, Slovenia, Slovakia, Finland, and Sweden, which now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Commission asks BULGARIA to ensure full compliance with public procurement rules
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Bulgaria (INFR(2024)4027) for non-compliance of national rules with EU legislation on public procurement. The Commission considers that the Bulgarian Electronic Government Act, adopted in November 2019, breaches obligations under the Directive on public procurement (Directive 2014/24/EU). The Bulgarian law assigns the provision of electronic e-governmental services used by public administration to a private company even though the conditions for directly awarding a contract in exceptional circumstances were not met. The Commission considers that the contracts are in breach of EU public procurement rules and violate the principle of equal treatment and transparency. The Commission is therefore sending a letter of formal notice to Bulgaria, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Commission asks GREECE to ensure equal treatment regarding concessions for the use of coastal areas
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Greece (INFR(2024)2243) for failing to comply with the rules regarding authorisation procedures for the use of public coastal areas. In Greece, economic operators, such as restaurants, can make use of the beaches adjacent to their establishments without any competitive selection procedure. The Commission specifically finds that the Greek legislation, appears to be incompatible with the Services Directive (Directive 2006/123/EC) and the principle of freedom of establishment under Article 49 TFEU. The Directive stipulates that in such cases, Member States must implement a selection procedure open to all potential candidates, ensuring full impartiality and transparency. Moreover, for those cases where a cross-border interest is likely to be affected, a system as the one provided by the Greek law would discourage cross-border providers to pursue services activities on the portions of the coast concerned, in violation of Article 49 TFEU. The Commission is therefore sending a letter of formal notice to Greece, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Commission calls on SPAIN to ensure that its labelling requirements for waste sorting comply with the principle of free movement of goods
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Spain (INFR(2024)4029) for failing to comply with Articles 34-36 of the Treaty on the Functioning of the European Union (TFEU) in relation with labelling requirements on waste sorting instructions. In Spain, household packaging must be labelled to show how to dispose of it. The Spanish authorities, however, do not seem to have conducted a sufficient analysis of the proportionality of the measure as other suitable options, less restrictive of trade between Member States, are available. Currently, the EU lacks harmonised rules governing waste sorting instructions to consumers. However, the new Packaging and Packaging Waste Regulation, now in its final stages of adoption, includes provisions for implementing acts to establish such harmonized rules. Until these EU-level requirements are in place, national laws should not create unnecessary burden on intra-EU trade. National labelling requirements can pose a significant barrier to the Single Market, seriously undermining the principle of free movement of goods. The Commission is therefore sending a letter of formal notice to Spain, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Commission asks FRANCE to comply with the Services Directive in the field of energy efficiency
The European Commission decided to open an infringement procedure by sending a letter of formal notice to France (INFR(2024)2249) for non-compliance of the French certification scheme “Reconnu Garant de l’Environnement” (RGE) with the Services Directive (2006/123/EC). The Directive’s objective is to ensure that service providers do not face unjustified barriers when they wish to provide their services in another Member State. The French Law imposes a number of conditions (for instance, professional insurance, experience in past works, economic and financial capacity, or the use of certain equipment) on service providers to obtain the RGE certification. Given that this certification is needed to access public subsidies, obtaining it has become a necessary pre-condition for service providers from other Member States to access a substantial part of the French building renovation market. The Commission considers that several conditions of that certification are not justified and proportionate, in particular in case of services provided in France, on a temporary basis, by service providers established in another EU Member State. This procedure follows-up on the infringement launched against France in 2019 (INFR(2018)2280). The Commission is therefore sending a letter of formal notice to France, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Commission calls on LUXEMBOURG to comply with the EU public procurement directives
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Luxembourg (INFR(2024)4026) for failing to comply with EU legislation on public procurement. This EU legislation includes the Directive on public procurement (Directive 2014/24/EU), the Directive on procurement in the utilities sectors (Directive 2014/25/EU) and the Directive on the award of concession contracts (Directive 2014/23/EU). These EU rules ensure the equal treatment of economic operators interested in participating in procurement procedures and the respect of the obligation of transparency. Luxembourg has exempted Spuerkeess, the State Bank and Savings Fund, and POST Luxembourg from public procurement rules. According to the Commission, this is in breach of the EU Public Procurement Directives. The Commission is therefore sending a letter of formal notice to Luxembourg, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Commission calls on PORTUGAL to remove discriminatory rules regarding admission charges for national museums
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Portugal (INFR(2024)2250) for failing to comply with the EU Directive 2006/123/EC on services in the internal market and Article 56 TFEU, which guarantees that recipients of services can access those services in other Member States under the same conditions as nationals. These rules constitute one of the fundamental freedoms of the EU single market, promoting cross-border activities and eliminating nationality and residence-based discrimination. Portugal offers free admission to certain museums, monuments and palaces on Sundays and public holidays, but only to residents of Portugal. The Commission considers that these rules discriminate against visitors who reside in other Member States. The Court of Justice of the European Union established as early as 1994 that visiting museums in another Member State falls under the EU rules on the free movement of services. The Court also underlined the right of tourists from other Member States, as recipients of services, to enjoy those museum services under the same conditions as nationals. The Commission is therefore sending a letter of formal notice to Portugal, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Reasoned opinions
Commission asks SPAIN to ensure equal treatment regarding coastal concessions
Today, the European Commission decided to send a reasoned opinion to Spain (INFR(2022)4121) for failing to comply with the Services Directive (Directive 2006/123/EC) for the award and extension of concessions by the Spanish authorities. Spain provides for the possibility of granting concessions to build permanent premises (such as restaurants or fish farms) on the coastal public domain, simply upon application, followed by a period of public information of 20 days. In contrast, the Services Directive establishes an explicit obligation to use an impartial and transparent selection procedure. The Commission also considers that the extension of the duration of these concessions under national law, which are in some cases up to 75 years, breaches the same provision as it entails a preferential right in favour of incumbents. Furthermore, to the extent that they hinder access to those concessions by operators from other Member States, the national rules unduly restrict the freedom of establishment enshrined in Article 49 of the Treaty on the Functioning of the European Union. Therefore, the Commission has decided to issue a reasoned opinion to Spain, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Commission asks HUNGARY to ensure compliance with EU rules for reproduction services
Today, the European Commission decided to send a reasoned opinion to Hungary (INFR(2024)4001) for restricting medically assisted reproduction services to State-owned or State-controlled providers since June 2022. Hungary has stopped allowing private operators to provide fertility treatments on its territory. These restrictions are in breach of the freedom of establishment, in accordance with Article 49 of the Treaty on the Functioning of the European Union. According to the Commission, the Hungarian restriction is not justified by any public interest consideration. The measure does not serve the protection of public health and public policy as claimed by the Hungarian authorities. There is no evidence that the safety and level of quality of medically assisted reproduction was not ensured by private service providers before June 2022. The measure also does not seem to improve access to medically assisted reproduction as it reduced the number of service providers. Therefore, the Commission has decided to issue a reasoned opinion to Hungary, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Commission asks PORTUGAL to comply with the provisions of the EU rules on public procurement governing sub-contracting
Today, the European Commission decided to send a reasoned opinion to Portugal (INFR(2023)2121) for not complying with the EU public procurement rules (Directive 2014/24/EU) in terms of subcontracting. These rules aim to facilitate the involvement of small and medium sized enterprises (SMEs) and the opening of competition in the procurement market. The Portuguese Public Procurement Code allows the contracting authorities to limit how much of a contract can be subcontracted to another company. According to the Commission, such a rule fails to comply with the Directive, as interpreted by the Court of Justice of the European Union. Therefore, the Commission has decided to issue a reasoned opinion to Portugal, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Referrals to the Court of Justice
Commission decides to refer BULGARIA and CYPRUS to the Court of Justice of the European Union for failing to correctly transpose the Proportionality Test Directive
Today, the European Commission has decided to refer
- Bulgaria (INFR(2021)2206) and
- Cyprus (INFR(2022)2055)
to the Court of Justice of the European Union for failing to ensure the correct transposition of the Proportionality Test Directive (Directive (EU) 2018/958) into national legislation. The Directive obliges Member States to assess thoroughly, before their adoption, the proportionality of any new national regulations of professions. It also seeks to prevent unnecessarily restrictive regulation of professions from coming into effect. Member States were obliged to transpose the directive into national law by 30 July 2020. According to the Commission, Bulgaria failed to ensure that parliamentary amendments undergo a prior proportionality assessment. In addition, Bulgaria has not implemented a mechanism to ensure independence and objectivity of proportionality assessments prepared by professional organisations, e.g., through reviews of such proportionality assessments by supervisory or independent bodies. Similarly, Cyprus failed to ensure that all measures covered by the directive, particularly those initiated by professional bodies or parliament, undergo a prior proportionality assessment. In addition, Cyprus incorrectly implemented several proportionality assessment criteria laid down in the Directive and failed to ensure appropriate provision of information and involvement of stakeholders. The Commission considers that efforts by the authorities have, to date, been insufficient and is therefore referring Bulgaria and Cyprus to the Court of Justice of the European Union. More information is in the press release.
Commission decides to refer SPAIN to the Court of Justice of the European Union for failing to correctly transpose the Public Procurement Directives
Today, the European Commission has decided to refer Spain (INFR(2021)2171) to the Court of Justice of the European Union for not correctly transposing the Directive on public procurement (Directive 2014/24/EU), the Directive on procurement in the utilities sectors (Directive 2014/25/EU) and the Directive on the award of concession contracts (Directive 2014/23/EU). These rules, which had to be transposed by Member States into national law by 18 April 2016, require Member States to follow impartial and transparent procedures and aim to open the services markets to genuine competition between companies across the EU and to ensure the best value for money for public purchases. Following Spain’s late notification of the transposition of the three Directives and the compliance check conducted by the Commission, it was decided in December 2021 to send a letter of formal notice to Spain, followed by a reasoned opinion in April 2024. However, to date, Spain has not yet introduced the required changes in its legislation to make it compatible with all the obligations under EU law. Spanish law deviates notably from EU rules, particularly in what types of authorities, contracts and contract modifications must follow public procurement rules. The Commission considers that efforts by the authorities have, to date, been insufficient and is therefore referring Spain to the Court of Justice of the European Union. More information is in the press release.
Migration, Home Affairs and Security Union
Letters of formal notice
Commission calls on MALTA and the NETHERLANDS to fully and correctly transpose the provisions of the Firearms Directive
The European Commission decided to open an infringement procedure by sending a letter of formal notice to
- Malta (INFR(2024)2264) and
- the Netherlands (INFR(2024)2265)
for failing to correctly transpose the provisions of the Firearms Directive (Directive (EU) 2021/555). Malta has failed to correctly transpose the Commission Implementing Directive (EU) 2019/68 on technical specifications for the marking of firearms and the Commission Implementing Directive (EU) 2019/69 on alarm and signal weapons. The Netherlands has failed to correctly transpose Commission Implementing Directive (EU) 2019/69. The Firearms Directive sets common minimum standards on the acquisition, possession, and commercial exchange of civilian firearms, for example, firearms used for sport shooting and hunting. The rules allow for the lawful use and movement of firearms, essential components and ammunition for civilian use within the EU. At the same time, the Directive keeps high standards of security and protection against criminal acts and illicit trafficking of firearms. Commission Implementing Directive (EU) 2019/68 sets rules on the marking of firearms and essential components to increase their traceability and facilitate their safe transfer. Commission Implementing Directive (EU) 2019/69 sets technical specifications for alarm and signal weapons (which only discharge blank ammunition or irritants) to avoid that they are illegally converted into lethal firearms. Malta and the Netherlands had until 14 December 2019 to transpose the Firearms Directive. The deadline for transposing the two Implementing Directives was 17 January 2020. The Commission is therefore sending a letter of formal notice to Malta and the Netherlands, which now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Reasoned opinions
Commission calls on CROATIA, POLAND, SLOVENIA AND SWEDEN to transpose the Blue Card Directive
Today, the European Commission decided to send a reasoned opinion to
- Croatia (INFR(2024)0062),
- Poland (INFR(2024)0109)
- Slovenia (INFR(2024)0131) and
- Sweden (INFR(2024)0128)
for failing to transpose the Blue Card Directive. The EU Blue Card Directive (EU) 2021/1883 repeals Directive (EU) 2009/50 and establishes the entry and residence conditions for highly qualified non-EU nationals coming to live and work in the EU. The Directive introduces more efficient rules for attracting highly skilled workers to the EU. These rules include more flexible admission conditions, enhanced rights and the possibility to move and work more easily between EU Member States. EU Member States (excluding Denmark and Ireland, as per their corresponding Protocols) had until 18 November 2023 to transpose the Directive into national law. Slovenia and Sweden have failed to transpose the Directive in due time. Therefore, the Commission has decided to issue a reasoned opinion to Croatia, Poland, Slovenia and Sweden, which now have 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.
Justice
Letters of formal notice
The Commission calls on AUSTRIA to comply with EU rules on free movement of persons within the EU
The European Commission decided to send an additional letter of formal notice to Austria (INFR(2011)2034) for incorrectly transposing the Free Movement Directive (Directive 2004/38/EC). The Directive requires Member States to allow and facilitate the entry and residence of extended family members of EU citizens. These family members then have the same rights as immediate family members. The Directive provides that Member States must grant entry and residence to certain family members dependent on an EU citizen, or their durable partners, who are entitled to the same rights as family members. Under Austrian law, individuals who do not hold the nationality of a Member State are not issued the correct residence documents and are not granted certain rights under the Directive, for example, the immediate right to work or the conditions to retain the right of residence. In view of recent case-law of the Court of Justice clarifying the rights of extended family members, and having analysed legislation adopted by Austria in 2020 on this issue, the Commission considers that more provisions of the Directive are incorrectly transposed than when the first letter of formal notice was sent and decided to send an additional letter of formal notice. Austria now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Referrals to the Court of Justice
Commission decides to refer the UNITED KINGDOM to the Court of Justice of the European Union for its implementation of EU law on free movement impacting the Withdrawal Agreement
Today, the European Commission decided to refer the United Kingdom to the Court of Justice of the European Union (INFR(2020)2202 and (2011)2054) for failure to comply with EU law on free movement of EU citizens and their family members at the end of 2020. The Commission considers that there were several shortcomings in the United Kingdom’s implementation of the Treaty on the Functioning of the European Union, which continue to affect EU citizens under the Withdrawal Agreement. The Commission sent a letter of formal notice to the United Kingdom in connection with INFR(2020)2202 in May 2020 and a reasoned opinion in July 2024 because the UK national legislation limited the scope of beneficiaries of EU free movement law. This case built on INFR(2011)2054, for which the Commission sent a letter of formal notice in June 2011 and a reasoned opinion in April 2012 and on which it continued exchanging with the United Kingdom until June 2024. After carefully assessing the replies of the United Kingdom, the Commission maintains that several elements of the grievances remain unaddressed, including on the rights of workers and the rights of extended family members. The Commission, therefore, decided to refer the United Kingdom to the Court of Justice of the European Union. More information is available in our press release.
Mobility and Transport
Letters of formal notice
The Commission calls on ITALY to ensure non-discrimination in access to international road haulage market
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Italy (INFR(2024)2235) for failing to correctly apply the Regulation on common rules for access to the international road haulage market (Regulation (EC) No 1072/2009). The Regulation ensures that penalties are imposed in a non-discriminatory manner, regardless of nationality or place of establishment. However, under Italian law, only bank transfers and cash payments are accepted for fines, which can lead to unequal treatment of foreign hauliers. Specifically, foreign hauliers often face longer waiting times for bank transfers to be confirmed before their immobilised vehicles are released, unlike domestic bank transfers. This often results in foreign drivers incurring parking fees to the Italian authorities, which leads to a higher end-fine compared to vehicles registered in Italy. The Commission is therefore sending a letter of formal notice to Italy, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
The Commission calls on GREECE to implement individual aircraft identification requirements for air traffic management and air navigation services
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Greece (INFR(2024)2237) for failing to implement the required aircraft identification technology, as mandated by EU Regulation 2017/373, which governs air traffic management and navigation systems. This capability is crucial for enhancing surveillance services and increasing the efficiency of air traffic control, by ensuring more precise aircraft tracking. Despite an agreement in 2020 between the European Union Aviation Safety Agency (EASA) and the Hellenic Civil Aviation Authority (H-CAA) to procure, install, and commission the necessary radar systems, the corrective action remains pending. The deployment of modern radars would ensure Greece’s interoperability with other EU Member States already using these systems, and ultimately increase airspace capacity, which is needed considering higher levels of traffic in the Greek airspace in particular during the summer period.The information provided by the H-CAA in response to the Commission’s request does not provide satisfactory information on when the aircraft identification capability will effectively be implemented in Greece. The Commission is therefore sending a letter of formal notice to Greece, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
The Commission calls on HUNGARY to ensure adequate civil aviation safety oversight
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Hungary (INFR(2024)2239) for failing to comply with EU rules on civil aviation safety oversight. The Commission considers that Hungary is not in compliance with the requirements outlined in the Regulation on the technical requirements and administrative procedures for air operations (Regulation (EU) No 965/2012). Hungary has failed to demonstrate that it has a sufficient number of qualified personnel to adequately oversee certified operators and verify their compliance. Furthermore, Hungary has not established a robust management system, which includes defined policies, procedures, and a clear organisational structure, to ensure compliance with the Regulation. Additionally, Hungary has not ensured that certified organisations meet the necessary requirements before issuing certificates, approvals, or authorisations. It also lacks effective oversight programmes, including regular audits and inspections, to monitor the activities of certified organisations. The Commission is therefore sending a letter of formal notice to Hungary, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
The Commission calls on POLAND to comply with rules on civil aviation safety oversight
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Poland (INFR (2024)2240) for failing to comply with EU rules on civil aviation safety oversight. The Commission considers that Poland does not comply with the requirements outlined in the Regulation on the technical requirements and administrative procedures for air operations (Regulation (EU) No 965/2012). In January 2024, an inspection by the European Union Aviation Safety Agency (EASA) revealed that Poland was failing to conduct mandatory alcohol breath tests on flight and cabin crew members, both for national operators and those from other European and third country operators landing at Polish aerodromes. This is contrary to Article 4(2) of Commission Regulation (EU) 965/2012, which requires that Member States perform alcohol tests on flight and cabin crew members for operators under their own oversight, as well as operators under the oversight of another Member State or of a third country. The Commission is therefore sending a letter of formal notice to Poland, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Commission calls on GREECE to comply with EU railway safety legislation
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Greece (INFR(2023)2036) for failing to align with the requirements of EU railway safety legislation (the Railway Safety Directive, Directive 2016/798). The Directive covers safety requirements on the railway system as a whole. In Greece, the Commission considers that there have been longstanding shortcomings in the implementation of the Directive since its entry into force. Shortcomings are systemic and also stem from a lack of safety culture within the organisations involved. The Commission notes that following the report by the European Agency for Railways of the state of implementation and application of Union rail legislation in Greece, the Greek government adopted an Action Plan, following consultations and in agreement with the Commission services. The Action Plan offers a basis to address the shortcomings, and there is good progress in its implementation, with Greece reporting bi-monthly to the Commission on progress made. Nevertheless, shortcomings in the implementation of the Directive continue to persist. The Commission is therefore sending a letter of formal notice to Greece, which now has two months to formally respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Additional letter of formal notice
The Commission urges SLOVENIA to put in place an effective and independent complaints handling procedure in line with EU law on port services
The Commission decided to send an additional letter of formal notice to Slovenia (INFR (2021)2044) for failing to comply with Article 16(2) of the Port Services Regulation (Regulation (EU) 2017/352). This regulation requires Member States to establish an effective and independent system to handle complaints and prevent conflicts of interest between port management and service providers. Following the launch of the infringement procedure in 2021, Slovenia has fulfilled its notification obligations, but the Commission remains concerned that Slovenia’s complaints handling body still does not meet the necessary requirements. The Commission is therefore sending an additional letter of formal notice to Slovenia, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Reasoned opinions
The Commission calls on GERMANY to fully transpose the Streamlining Directive improving implementation of trans-European transport network projects
Today, the European Commission decided to send a reasoned opinion to Germany (INFR(2023)0200) for failing to completely transpose the Streamlining Directive (Directive (EU) 2021/1187). The Streamlining Directive entered into force on 9 August 2021 and aims to accelerate the completion of the trans-European transport network (TEN-T) by simplifying and clarifying permit and procurement procedures. The Directive targets high-priority TEN-T core network projects, cross-border initiatives, and European Transport Corridors with budgets exceeding €300 million. To achieve this, the Directive sets out four key requirements for Member States: assigning a designated authority for each project, simplifying permit-granting procedures to take no more than four years, make procedures transparent, and improve cross-border coordination. Germany failed to notify the Commission of measures taken to transpose the Streamlining Directive into national law. Therefore, the Commission has decided to issue a reasoned opinion to Germany, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
The Commission calls on BULGARIA to communicate its transposition measures for Hired Vehicles Directive
Today, the European Commission decided to send a reasoned opinion to Bulgaria (INFR(2023)0192) for failing to notify the Commission of its national laws transposing the Hired Vehicles Directive (Directive (EU) 2022/738). This Directive sets minimum standards for the use of rented vehicles hired without drivers for transporting goods. This can reduce costs and increase flexibility for businesses that transport goods by road. Member States had to transpose the Directive into national law and comply with its provisions by 6 August 2023. When Bulgaria failed to do so, the Commission sent a letter of formal notice in September 2023. The Bulgarian authorities indicated working on transposition measures, but the latter have not been adopted yet. Therefore, the Commission has decided to issue a reasoned opinion to Bulgaria, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
The Commission calls on BULGARIA, GREECE, SPAIN, ITALY, LUXEMBOURG, MALTA, POLAND and PORTUGAL to fully transpose EU rules on tolls and vignettes for road infrastructure use
Today, the European Commission decided to send a reasoned opinion to
- Bulgaria (INFR(2024)0150),
- Greece (INFR(2024)0155),
- Spain (INFR(2024)0157),
- Italy (INFR(2024)0161),
- Luxembourg (INFR(2024)0164),
- Malta (INFR(2024)0167), Poland (INFR(2024)0169) and
- Portugal (INFR(2024)0171)
for their failure to transpose the Eurovignette Directive (Directive 1999/62/EC as amended by Directive (EU) 2022/362). The Eurovignette Directive sets common rules on imposing distance-based charges (tolls) and time-based user charges (vignettes), allowing Member States to recover infrastructure costs (construction, operation, maintenance) through tolls and vignettes. Amending Directive (EU) 2022/362 now includes passenger cars, buses and coaches, and small heavy-duty vehicles. The revised Directive also requires Member States to include the environmental costs of air pollution into their charging systems to set charges based on a vehicle’s CO2 emissions, aiming to reduce emissions and encourage cleaner heavy-duty vehicles. The deadline to transpose the Directive into national law was 25 March 2024. All 8 Member States have failed to communicate transposition measures. Therefore, the Commission has decided to issue a reasoned opinion to Bulgaria, Greece, Spain, Italy, Luxembourg, Malta, Poland and Portugal, which now have 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.
The Commission urges GERMANY to put in place an effective and independent complaints handling procedure in line with EU law on port services
Today, the European Commission decided to send a reasoned opinion to Germany (INFR(2021)2041) for failing to comply with Article 16(2) of Port Services Regulation (Regulation (EU) 2017/352) regarding its complaint handling procedures. The article requires the establishment of an effective complaints handling procedure to manage issues related to port services rules. This procedure must be free from conflicts of interest and operate independently of any port management authority or service provider, ensuring impartiality. This reasoned opinion takes into account that Germany has fulfilled its notification obligations under Articles 16(7) of Regulation 2017/352. Germany communicated these after the Commission opened the infringement procedure in 2023. However, Germany did not communicate any measures regarding Article 16(2). Therefore, the Commission has decided to issue a reasoned opinion to Germany, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
The Commission calls on GREECE to implement a performance-based approach procedures at airports
Today, the European Commission decided to send a reasoned opinion to Greece (INFR(2024)2014) for failing to put in place the necessary measures to implement performance-based navigation (PBN) procedures at Greek airports, as required by Commission Implementing Regulations (EU) 2018/1048 and 2018/1139. By optimising air traffic service routes and instrument approach procedures, the use of PBN procedures in air traffic management and air navigation services delivers a range of benefits, including improved safety, increased capacity, reduced environmental impact, and enhanced cost-efficiency. Current landing operations at Greek airports are safe. However, implementation of the missing PBN approach procedures at Greek airports would allow pilots to land with vertical guidance, further improving safety. The Commission sent a letter of formal notice to Greece in April 2024. Greece’s response, dated 19 June, does not provide satisfactory evidence, neither on the implementation of the PBN procedures at Greek airports, nor on the implementation of the corrective actions agreed between the European Union Aviation Safety Agency and the Hellenic Civil Aviation Authority. Therefore, the Commission is sending a reasoned opinion to Greece, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Additional reasoned opinion
Commission calls on CZECHIA to fully transpose European Electronic Tolling Service legislation to facilitate cross-border travel of EU road users
Today, the European Commission decided to send an additional reasoned opinion to Czechia (INFR(2021)0520) for failing to notify the Commission of its complete transposition of the European Electronic Tolling Service (EETS) Directive (Directive (EU) 2019/520) into national law. The EETS is a unified tolling system that allows EU road-users to travel across all Member States with a single subscription contract, one service provider and one on-board unit. The Directive has two objectives: to ensure interoperability between electronic road toll systems and to facilitate the cross-border exchange of information on unpaid road fees. The transposition deadline for this Directive was 19 October 2021. Today’s additional reasoned opinion follows a first reasoned opinion sent in July 2022. Failure to completely transpose these EU rules presents an obstacle to interoperability between electronic road toll systems in the Member States, and to the cross-border enforcement of road fee payment in the EU. Therefore, the Commission has decided to issue a reasoned opinion to Czechia, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Financial Stability, Financial Services and Capital Markets Union
Letters of formal notice
The Commission calls on ROMANIA to correctly transpose the Mortgage Credit Directive
The European Commission decided to open an infringement procedure (INFR(2024)2247) by sending a letter of formal notice to Romania for incorrect transposition of the Mortgage Credit Directive (Directive 2014/17). The purpose of the Directive is to create an efficient and competitive single market for consumers, creditors, and credit intermediaries with a high level of consumer protection in the field of mortgage credit. The Directive requires that credit intermediaries authorised in other Member States to operate in Romania, either remotely or through a local branch. They can do so based on their authorisation in their home Member State and without any additional authorisation or registration by the Romanian authorities. The Commission considers that Romania has not properly transposed these aspects of the Mortgage Credit Directive. The Commission is therefore sending a letter of formal notice to Romania, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
The Commission calls on SPAIN to correctly implement the Single Euro Payments Area (SEPA) Regulation
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Spain (INFR(2024)4021) for failing to designate competent authorities for ensuring compliance with Regulation (EU) No 260/2012 (SEPA Regulation) by public authorities. To date, there are no competent authorities in Spain for handling breaches of the SEPA Regulation by public authorities that refuse to make or receive payments (direct debits or credit transfers) to/from payment accounts based in another Member State. This is an illegal practice also known as ‘IBAN discrimination’. The absence of this competent authority deprives consumers and businesses of the right to lodge a complaint against this practice with a competent authority in Spain. The Commission is therefore sending a letter of formal notice to Spain, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Reasoned opinions
The Commission calls on SWEDEN to correctly transpose the new rules for the reporting of sustainability information by companies introduced by the Corporate Sustainability Reporting Directive
Today, the European Commission decided to send a reasoned opinion to Sweden (INFR(2024)2195) for failing to bring its legislation in line with the Accounting Directive (Directive 2013/34/EU), the Transparency Directive (Directive 2004/109/EC) and the Audit Directive (Directive 2006/43/EC), as amended by the Corporate Sustainability Reporting Directive (CSRD) (Directive (EU) 2022/2464). The CSRD introduces new rules for the reporting of sustainability information by companies. These rules apply from financial years beginning on or after 1 January 2024, depending on the company size. The national transposing measures adopted by Sweden require companies to start reporting information for financial years beginning on or after 1 July 2024. This is not in line with the CSRD as Sweden delays the application of sustainability reporting requirements by half a year. By introducing this delay, Sweden risks creating an unlevel playing field between EU companies in different Member States. The Commission is therefore sending a reasoned opinion to Sweden, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to refer the case to the Court of Justice of the European Union.
The Commission calls on SPAIN and PORTUGAL to complete the implementation of the Regulation on the pan-European Personal Pension Product
Today, the European Commission decided to send reasoned opinions to Spain (INFR(2024)2187) and Portugal (INFR(2024)2188) for failure to notify to the Commission the rules on administrative penalties and other measures applicable to infringements of the Regulation on pan-European Personal Pension Product (Regulation (EU) 2019/1238). The pan-European personal pension product is a voluntary personal pension scheme that offers consumers a pan-European option to save for retirement. This type of product is designed to give savers more choice and provide them with more competitive products, while enjoying strong consumer protection. It could be offered by a broad range of financial providers such as insurance companies, asset managers, banks, certain investment firms and certain occupational pension funds. The Commission has sent both Member States a letter of formal notice in July 2024. To date, Spain and Portugal have still not completed the implementation of the Regulation. Therefore, the Commission has decided to issue a reasoned opinion to Spain and Portugal, which now have two months to reply and take the necessary measures. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union.
Referrals to the Court of Justice
The Commission decides to refer the UNITED KINGDOM to the Court of Justice of the European Union for failure to terminate its Bilateral Investment Treaties (BITs) with six EU Member States
Today, the European Commission decided to refer the United Kingdom to the Court of Justice of the European Union for failing to terminate the Bilateral Investment Treaties (BITs) that it still has in force with Bulgaria, Czechia, Croatia, Lithuania, Poland and Slovenia. It has been the Commission’s long-standing position that BITs between EU Member States overlap and conflict with EU law. On 6 March 2018, the Court of Justice of the EU confirmed that position in case C-284/16 Achmea. The court ruled that investor-to-State arbitration under bilateral investment treaties between EU Member States is incompatible with EU law, as it calls into question the principle of mutual trust between Member States. All Member States, including the United Kingdom, committed – in their Declarations of 15 and 16 January 2019 – to terminate the BITs concluded between them in a coordinated manner by means of a plurilateral treaty, unless bilateral terminations were considered mutually more expedient. Although the plurilateral treaty agreed between Member States on 5 May 2020 was open for the United Kingdom’s signature, the latter did not sign it and failed to proceed with the bilateral termination of these BITs. In view of the Achmea judgment, any Member State maintaining an intra-EU bilateral investment treaty violates EU law. The Commission sent a letter of formal notice to the United Kingdom on 15 May 2020, followed by a reasoned opinion on 30 October 2020, to which the United Kingdom did not reply. According to Article 87 of the Withdrawal Agreement, the Commission can refer the case to the Court of Justice of the EU until 31 December 2024. After having issued the reasoned opinion, the Commission liaised with both the United Kingdom and Member States which still had BITs in force with it, in order to facilitate the termination of those BITs in an orderly manner. The United Kingdom, however, failed to terminate the BITs in question until today. More information is in the press release.
Digital economy
Letters of formal notice & Reasoned opinions
The Commission calls on BELGIUM, BULGARIA, SPAIN, THE NETHERLANDS and POLAND to comply with the Digital Services Act
The European Commission decided to send a letter of formal notice to Bulgaria (INFR(2024)2241) and a reasoned opinion to Belgium (INFR(2024)2164), Spain (INFR(2024)2165), the Netherlands (INFR(2024)2163) and Poland (INFR(2024)2041) for failing to nominate or empower national Digital Service Coordinators (DSCs) under the Digital Services Act (DSA). Member States had to designate and empower a DSC, who is responsible for monitoring the application and enforcing the DSA to the service providers established in their territory, by 17 February 2024. The Commission is sending Bulgaria a letter of formal notice as it has failed to empower the nominated DSC to carry out its tasks under the DSA, including for not laying down the rules on penalties applicable to breaches of the DSA. The Commission is also sending a reasoned opinion for failing to designate and empower their DSCs (to Belgium and Poland), for failing to lay down rules of penalties (to Poland) and for failing to empower their DSCs (to Spain and the Netherlands). The Member States now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to send a reasoned opinion to Bulgaria, as well as to refer Belgium, Spain, the Netherlands, and Poland to the Court of Justice of the European Union.
Reasoned opinions
Commission calls on 10 Member States to comply with the Data Governance Act
Today, the European Commission decided to send a reasoned opinion to
- Czechia (INFR(2024)2057),
- Germany (INFR(2024)2060),
- Estonia (INFR(2024)2058),
- Greece (INFR(2024)2061),
- Cyprus (INFR(2024)2056),
- Luxembourg (INFR(2024)2063),
- Austria (INFR(2024)2054),
- Poland (INFR(2024)2066),
- Portugal (INFR(2024)2067), and
- Slovenia (INFR(2024)2070),
as these Member States did not designate the responsible authorities to implement the Data Governance Act, or have failed to prove that the latter are empowered to perform the tasks required by the Act. The Data Governance Act facilitates data sharing across sectors and EU countries for the benefit of citizens and businesses. It increases trust in data sharing by establishing rules for neutrality of data intermediaries that connect individuals and companies with data users. The Commission sent Czechia, Germany, Estonia, Greece, Cyprus, Luxembourg, Austria, Poland, Portugal and Slovenia a letter of formal notice on 23 May 2024. While some Member States notified the Commission about designating the responsible authorities, none have fully empowered them to act and implement the Data Governance Act. Therefore, the Commission has decided to issue a reasoned opinion to those Member States, which now have two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union.
Source – EU Commission