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European Commission Takes Action Against Member States for Failing to Transpose EU Directives.

Brussels: The European Commission has initiated a series of infringement procedures against several EU Member States for not transposing two key EU directives into national law. The directives in question pertain to the digital economy and migration, home affairs, and security union.

According to Cyprus News Agency, the Commission has sent formal notices to 26 Member States, urging them to communicate the measures they have taken to transpose these directives, as the deadlines for these transpositions have already expired. The Member States now have two months to respond to these formal notices and complete their transpositions, failing which the Commission may issue reasoned opinions.

The Commission has specifically called on 23 Member States to fully transpose the NIS2 Directive, which is aimed at enhancing cybersecurity across the EU. This directive is crucial for entities in critical sectors such as communications, health, energy, and transport. The Member States had until 17 October 2024, to incorpora
te the NIS2 Directive into their national laws. The Commission’s action highlights the importance of this directive in improving the resilience and incident response capabilities of both public and private entities across the EU.

Additionally, the Commission has initiated infringement procedures against 24 Member States for not transposing the CER Directive, which focuses on the resilience of critical entities. This directive replaces a previous directive concerning the protection of critical infrastructure and expands its scope to include a broader range of sectors. The directive emphasizes strengthening the resilience of critical infrastructure against various threats, including natural disasters and terrorist attacks.

In another significant development, the European Commission has fined Pierre Cardin and its licensee Ahlers a total of £5.7 million for breaching EU antitrust rules. The Commission found that the companies engaged in anticompetitive practices by restricting cross-border sales of Pierre Card
in-branded clothing within the European Economic Area. These practices were deemed to violate Article 101 of the Treaty on the Functioning of the European Union. The Commission’s investigation revealed that these practices prevented retailers from sourcing products freely from Member States with lower prices, thus partitioning the internal market.

The Commission has also closed its investigations into tax rulings granted to Fiat, Amazon, and Starbucks by Luxembourg and the Netherlands. These rulings were initially found to provide selective advantages to the companies, but the EU Courts annulled these findings. The Commission’s decision to close the investigations confirms that the tax rulings did not violate EU State aid rules.

Furthermore, the Commission has taken steps to advance the implementation of the European Digital Identity Wallets. It has adopted regulations that set the technical standards for these wallets, which will offer users a secure way to access public and private services across EU bord
ers. The regulations aim to ensure interoperability and protect personal data while providing users control over their information.

The European Commission remains committed to enforcing EU laws and promoting a fair and competitive Single Market. The actions taken against Member States and companies underscore the Commission’s role in ensuring compliance with EU directives and antitrust rules.