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Cyprus Faces Possible EU Court Referral Over Emissions and Cybersecurity Laws

Nicosia: Cyprus is on the brink of being referred to the Court of Justice of the European Union (CoJ) after receiving two reasoned opinions regarding its failure to transpose critical EU directives into national law. These opinions are related to the emissions trading system (ETS) rules for the aviation sector and cybersecurity regulations in critical sectors.

According to Cyprus News Agency, the European Commission’s infringement package for May highlighted these shortcomings, along with other violations of EU legislation by Cyprus. The Commission has also initiated an infringement procedure against Cyprus and several other countries for not providing complete customs data.

The Commission’s reasoned opinions, part of infringement case INFR(2024)0021, were sent to Cyprus and ten other countries, including Belgium and Bulgaria, for not fully implementing the Directive 2023/958. This directive revises the EU ETS rules for the aviation sector, aiming to enhance carbon offsetting and reduction in international aviation, with a transposition deadline of 31 December 2023.

Additionally, Cyprus and 18 other EU member states received reasoned opinions for failing to fully transpose the NIS2 Directive (Directive (EU) 2022/2555) into national law by the deadline of 17 October 2024. The directive seeks to ensure robust cybersecurity across the EU, impacting sectors such as digital services, healthcare, and public administration.

Further complicating matters, the Commission has opened infringement cases against Cyprus and five other nations for not transmitting complete customs data, as required by the Union Customs Code and its Implementing Regulation. This failure affects the EU’s digital customs data system, SURV3, which is designed to streamline customs data collection and compliance with EU border controls.