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Commission puts Cyprus one step from CoJ on water management and company law

The European Commission has announced it is sending two reasoned opinions to Cyprus (among other member states) regarding water management and company law, as well as a letter of formal notice regarding document safety, as a part of its September package of infringement decisions which was published on Thursday. The Commission also issued a package of infringement decisions especially on non-transposition of EU directives into national law. Cyprus, along with other member states, has received letters of formal notice regarding issues relating to company law, transport, renting of vehicles and the control of tobacco products. Reasoned opinions are the last step in an infringement procedure before the Commission can decide to refer a member state to the Court of Justice of the EU. Letters of formal notice are the first stage in this procedure. In both cases, member states have to inform the Commission of measures taken within a certain time period, usually two months. The Commission is also closing 135 cases in which the issues with the Member States concerned have been solved without the Commission needing to pursue the procedure further. The infringement procedure on the Cyprus Investor Citizenship Scheme remains open. The main infringement procedures concerning Cyprus are as follows: Water management The Commission is calling on Cyprus (INFR(2022)2190) as well as Bulgaria, Ireland, Spain, Malta, Portugal, Slovakia and Slovenia to finalise the review of their river basin management plans as required under the Water Framework Directive (Directive 2000/60/EC) and/or the flood risk management plans as required under the Floods Directive (Directive 2007/60/EC). In February 2023, the Commission issued letters of formal notice calling on these Member States to comply with their obligations and to finalise the review of their water plans. However, Bulgaria, Cyprus, Spain, Malta and Portugal are late in the review, adoption and reporting of the third river basin management plans and second flood risk management plans, Ireland and Slovenia are late as regards the review, adoption and reporting of the third river basin management plans; Slovakia is late as regards the review, adoption and reporting of the second flood risk management plans. In the absence of a satisfactory response, the Commission may decide to refer the Member States to the Court of Justice of the European Union. Company law The Commission also decided to send a reasoned opinion to Cyprus (INFR(2022)0339) and Bulgaria for failing to transpose the EU rules on the use of digital tools and processes in company law (Directive (EU) 2019/1151). The Directive requires Member States to introduce fully online procedures for the formation of certain company types, the registration of cross-border branches and the submission of documents in business registers. It also made more company data available free of charge from business registers through the Business Registers Interconnection System. In September 2022, the Commission sent a letter of formal notice to Bulgaria and Cyprus for failing to notify national measures fully transposing the Directive by the deadline, i.e. by 1 August 2022. Following their replies, the Commission concluded that both Bulgaria and Cyprus have failed to notify national measures that ensure full transposition of the Directive. These Member States 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 them to the Court of Justice of the European Union. Document security Furthermore, the Commission decided to open infringement procedures by sending letters of formal notice to Cyprus (INFR(2023)2102) as well as Bulgaria, Greece and Lithuania for not implementing the 2D-barcode on the uniform format for visas. The 2D-barcode was introduced to protect the entries on the visa sticker against falsification. All Member States were notified of Commission Implementing Decision C(2020)2672 introducing a 2D-barcode on the uniform format for visa on 30 April 2020. The deadline for the implementation expired in May 2022. All four Member States concerned are still not printing the 2D-barcode on the visa stickers they issue. Bulgaria, Greece, Cyprus, and Lithuania have now 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.

Source: Cyprus News Agency