July infringement package: key decisions July infringement package: key decisions (europa.eu)
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 72 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 and A. For more detail on the history of a case, you can consult the infringement decisions’ register.
he Commission calls on ITALY to correctly transpose the Waste Framework Directive
The European Commission decided to open an infringement procedure by sending
a letter of formal notice to Italy (INFR(2024)2097) for failing to correctly transpose the Waste Framework Directive (Directive 2008/98/EC on waste as amended by Directive (EU) 2018/851). The Waste Framework Directive is the EU’s framework legislation aiming to prevent or reduce the generation of waste, reducing overall impacts of resource use and improving the efficiency of such use, which are crucial for the transition to a circular economy and for guaranteeing the Union’s long-term competitiveness. The amended Directive sets binding targets for recycling and preparing municipal waste for reuse. It also introduces requirements for Member States to improve their waste management systems and the efficiency of resource use. The deadline for Member States to transpose the amended Directive into their national legislation was 5 July 2020. The Commission has already initiated infringement procedures against ten other Member States (Bulgaria, Czechia, Estonia, France, Cyprus, the Netherlands, Austria, Poland, Port
ugal, and Romania). The Commission has found that Italy has not correctly transposed several provisions of the amended Directive, including on extended producer responsibility, ensuring high quality recycling, separate collection of hazardous waste and the implementation of an electronic traceability system. 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 all Member States to meet waste collection and recycling targets
The European Commission decided to open an infringement procedure by sending letters of formal notice to Belgium (INFR(2024)2121), Bulgaria (INFR(2024)2128), Czechia (INFR(2024)2137), Denmark (INFR(2024)2138), Germany (INFR(2024)2122), Estonia (INFR(2024)2123), Ireland (INFR(2024)2130), Greece (INFR(2024)2132), Spain (INFR(2024)2147), France (INFR(2024)2141),
Croatia (INFR(2024)2133), Italy (INFR(2024)2142), Cyprus (INFR(2024)2131), Latvia (INFR(2024)2144), Lithuania (INFR(2024)2143), Luxembourg (INFR(2024)2124), Hungary (INFR(2024)2134), Malta (INFR(2024)2135), Netherlands (INFR(2024)2125), Austria (INFR(2024)2120), Poland (INFR(2024)2126), Portugal (INFR(2024)2145), Romania (INFR(2024)2136), Slovenia (INFR(2024)2127), Slovakia (INFR(2024)2129), Finland (INFR(2024)2140) and Sweden (INFR(2024)2146) for failing to meet waste collection and recycling targets. Based on the latest available data reported by Member States, all have failed to meet several waste collection and recycling targets laid down under the current EU waste legislation. The Waste Framework Directive (Directive 2008/98/EC on waste as amended by Directive (EU) 2018/851) sets legally binding targets for preparing for reuse and recycling of municipal waste. Bulgaria, Czechia, Denmark, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Portugal, Romania, Slovakia, Finland
, and Sweden failed to meet 50% target for 2020 of preparing for reuse and recycling of municipal waste (such as paper, metal, plastic and glass). In parallel, the Packaging and Packaging Waste Directive (Directive 94/62/EC as amended by Directive (EU) 2018/852) applies to all packaging distributed within the European market and any resulting packaging waste, regardless of where it is used. By 31 December 2008, it required that between 55% and 80% of all packaging waste must be recycled. The established recycling goals for various materials include 60% for glass, 60% for paper and cardboard, 50% for metals, 22.5% for plastics, and 15% for wood but many of these targets were missed. Furthermore, the Directive on Waste Electrical and Electronic Equipment (WEEE) (Directive 2012/19/EU as amended by Directive (UE) 2024/884) requires the separate collection and proper treatment of WEEE and sets targets for their collection, recovery and recycling. The minimum collection rate to be achieved annually by the Member St
ates is 65% of the average weight of electrical and electronic equipment placed on the market in the three preceding years in the Member State concerned, or alternatively 85% of WEEE generated on the territory of that Member State. The majority of Member States failed to collect sufficient WEEE separately and therefore missed the EU collection target. Member States should boost their implementation efforts in order to meet the abovementioned obligations. In that respect, Member States could rely on the country-specific recommendations identified in the 2023 Waste Early Warning Report. This will also help Member States to meet the forthcoming targets of 2025, 2030 and 2035, established by the recent amendments of the EU waste legislation. The Commission is therefore sending letters of formal notice to each of the 27 Member States which now have two months to respond and address the shortcomings raised by the Commission. In the absence of satisfactory responses, the Commission may decide to issue reasoned opini
ons.
The Commission calls on 9 Member States to complete the transposition into national law of amendments to the Bank Recovery and Resolution Directive
The European Commission decided to open an infringement procedure by sending letters of formal notice to Bulgaria (INFR(2024)2175), Spain (INFR(2024)2178), Italy (INFR(2024)2179), Cyprus (INFR(2024)2176), Lithuania (INFR(2024)2180), Austria (INFR(2024)2174), Poland (INFR(2024)0036), Portugal (INFR(2024)2185) and Slovakia (INFR(2024)2186) for failing to transpose completely the amendments to the Bank Recovery and Resolution Directive (Directive 2014/59/EU, ‘BRRD’) introduced by Regulation (EU) 2022/2036, which concern the prudential treatment of global systemically important institutions and the loss absorbing and recapitalisation capacity of banking groups. The changes brought about by Regulation (EU) 2022/2036 to BRRD are important for ensuring full alignment in the EU with the Financial Stability Board’s standards on Total Loss Absorbing Capacity (TLAC) f
or global systemically important institutions (G-SIIs). In particular, the changes are necessary for properly reflecting the exposure of EU G-SIIs to their subsidiaries located in third countries and for further improving the ability of the largest EU banking groups to withstand financial shocks. In addition, the changes should achieve full harmonisation of the prudential treatment of internal resources for loss absorption and recapitalisation of intermediate entities in a banking group, which is important for the resolvability of banks. In the absence of transposition of these technical but important measures, it will not be possible to achieve the necessary level of harmonisation in the EU’s unified framework for the banking sector. The Commission is therefore sending a letter of formal notice to Bulgaria, Spain, Italy, Cyprus, Lithuania, Austria, Poland, Portugal and Slovakia which now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory respons
e, the Commission may decide to issue a reasoned opinion.
The Commission calls on 12 Member States to complete the transposition into national law of the Directive on credit servicers and credit purchasers
Today, the European Commission decided to send reasoned opinions to Belgium (INFR(2024)0006), Bulgaria (INFR(2024)0013), Spain (INFR(2024)0047), Italy (INFR(2024) 0074), Cyprus (INFR(2024)001), Lithuania (INFR(2024)0079), Hungary (INFR(2024)0067), Netherlands (INFR(2024)0103), Austria (INFR(2024)0000), Poland (INFR(2024)0111), Portugal (INFR(2024)0117) and Finland (INFR(2024)0059), for the incomplete transposition of the Directive on credit servicers and credit purchasers.
The main objective of Directive 2021/2167 is to enable credit servicers and credit purchasers to operate on European Union wide scale, whilst firmly safeguarding borrowers’ rights. The directive requires, for example, that credit purchasers and credit servicers act in good faith, fairly and professionally with borrowers and communicate
with them in a way that does not constitute harassment, coercion or undue influence.
Therefore, the Commission has decided to issue a reasoned opinion to Belgium, Bulgaria, Spain, Italy, Cyprus, Lithuania, Hungary, Netherlands, Austria, Poland, Portugal and Finland, 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.
Commission takes action to ensure complete and timely transposition of EU directives
The Commission is adopting a package of infringement decisions due to the absence of communication by Member States of measures taken to transpose EU directives into national law. The Commission is sending a letter of formal notice to those Member States who have failed to notify national measures transposing directives, whose transposition deadline expired recently. In this case, there are 26 Member States who have not yet notified full transposition measures for two EU directives in the fiel
d of climate and defence. Member States concerned now have two months to reply to the letters of formal notice and complete their transposition, or the Commission may decide to issue a reasoned opinion.
The Commission calls on Member States to transpose agreed rules to strengthen and expand EU emissions trading
The European Commission decided to open an infringement procedure by sending a letter of formal notice to 26 Member States for failing to fully transpose into national law the provisions of the revised EU Emissions Trading System Directive (EU ETS) related to new emissions trading system (ETS2). The revised EU ETS (Directive (EU) 2023/959 amending Directive 2003/87/EC) entered into force in June 2023. As part of the revision of the ETS Directive, a new emissions trading system was created, separate from the existing EU ETS, to gradually extend carbon pricing to new sectors of the economy to support their emissions reductions.
The revised Directive also provides for the allocation of emissions tradin
g revenues to the new Social Climate Fund, which will start operating in 2026, to provide dedicated funding to Member States to support the most affected vulnerable groups, especially households in energy or transport poverty. This new system, which will start in 2027, will cover and address the CO2 emissions from fuel combustion in buildings, road transport and industry not covered by the existing EU ETS (mainly small industry).
Member States are working on transposition measures, but 26 Member States (Belgium, Bulgaria, Czechia, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Poland, Portugal, Romania, Slovenia, Slovakia, Finland and Sweden) have not communicated full transposition into national law of the provisions of Directive (EU) 2023/959 related to ETS2, by the deadline of 30 June 2024. The Commission is therefore sending letters of formal notice to the concerned Member States, 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.
The Commission calls on DENMARK, the NETHERLANDS, SLOVENIA and FINLAND to notify measures completely transposing the directive on the list of defence-related products
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Denmark, the Netherlands, Slovenia, and Finland for failing to transpose into their national legislation the Directive (EU) 2024/242 amending Directive 2009/43/EC as regards the updating of the list of defence-related products.
The Transfers Directive (Directive 2009/43/EC) relates to the terms and conditions for the transfer of defence-related products in the European Union and aims at simplifying the terms and conditions for transfers of defence-related products between European countries and ensure the proper functioning of the internal market.
The Annex of the Transfers Di
rective defines the scope of products for which the Directive applies and mirrors the Common Military List of the European Union. As the Council regularly updates the Common Military List and the most recent update being on 20 February 2023, the Commission followed by amending the Directive through Directive (EU) 2024/242. Member States had until 31 May 2024 to transpose Directive (EU) 2024/242. Denmark, the Netherlands, Slovenia and Finland have not notified national measures for transposing Directive (EU) 2024/242 by the set deadline. The Commission is therefore sending letters of formal notice to the concerned Member States, 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 enforcement of EU law in 2023 brings benefits to people and businesses
Today, the European Commission adopted its Annual Report on Monitoring the Application of EU Law. The report outli
nes the enforcement actions taken by the Commission in 2023 to guarantee the protection of the rights and freedoms of individuals and businesses across the EU. It highlights also the areas where Member States successfully achieved compliance with EU law and identifies those where additional efforts are necessary.
The Commission also adopted its regular package of decisions on infringements today.
Ensuring compliance with EU law in 2023
The report shows that in 2023, the Commission acted decisively to ensure that EU rules in all policy fields were applied correctly across the EU, fostering trust among citizens and businesses, and facilitating the growth of a cohesive, fair, and efficient Union.
Over the last year, the Commission opened 529 new infringement procedures and closed over 1 000 cases as Member States have achieved compliance with EU law. 95% of the closed cases were resolved at the early stage of the infringement process. By avoiding lengthy litigation, citizens and businesses can enjoy the bene
fits of EU law sooner.
However, as the report shows, the Commission does not hesitate to take Member States to the Court of Justice of the European Union where necessary. In 2023, the Commission decided to refer a total of 82 infringement cases to the Court and asked the Court to impose financial penalties against several Member States in 45 of these 82 cases. This is a record in the last decade, demonstrating the Commission’s determination to enforce EU law.
Supporting Member States’ early compliance with EU law
The early implementation of the EU rules by Member States is crucial for ensuring the rights of the citizens and business across the EU and for upholding the effectiveness and credibility of the EU. The Commission’s early support to Member States for correct implementation and application of EU rules is crucial.
In 2023, the Commission provided practical guidance to Member States, businesses, stakeholders, and the public on how to understand and apply specific aspects of EU law. It promoted compl
iance with EU law in hundreds of transposition workshops, expert group and committee meetings with Member States. Following up on the 2023 stocktaking exercise, the Commission together with Member States defined ways to improve the transposition of directives. Through the Technical Support Instrument, the Commission promoted administrative capacity building in Member States, helping to ensure a correct implementation of EU laws and policies.
Strengthening a sustainable and competitive economy
The Commission remained firm in safeguarding the integrity of the single market in 2023, for example through ensuring the free movement of goods in the agricultural and construction sectors. It also took far-reaching enforcement actions to remove barriers for service providers in the single market, which account for around 70% of the EU’s GDP and an equal share of its employment. The Commission’s enforcement measures improved the recognition of professional qualifications across the EU and addressed the issue of late p
ayments of procured goods and services.
As this report shows, the Commission committed to provide clean, affordable and secure energy, to achieve its climate goals and boost economic development. In 2023, the Commission’s enforcement measures promoted clean air, water and transport, and a circular economy. The Commission helped Member States and farmers under the common agricultural policy. It achieved progress on the EU’s energy union and continued work to keep nuclear energy safe. The Commission also used infringement procedures to promote the security of EU gas supply.
Informing and assisting people and businesses is key for making full use of the single market’s potential. In 2023, SOLVIT centres assisted over 2 200 people and businesses with their problems, with more than 88% of the open cases solved. Your Europe Advice, which informs people and businesses of their single market rights, was consulted over 26 000 times. And Your Europe was the most popular Commission website, with 32 million visitors in
one year.
Upholding the EU’s common values, fundamental rights and the rule of law
The Commission acted decisively to uphold the rule of law, defend democratic values and enforce non-discrimination legislation across the EU. It took steps to guarantee Member States’ full implementation of EU rules on the protection of children, consumer rights, cross-border protection of patients and safer transport.
The Commission strengthened the implementation of the European Security Union policy and opened or continued infringement cases to improve Member States’ compliance with EU migration and asylum rules.
The Commission’s enforcement actions in 2023 brought concrete improvements to people’s rights. Member States stepped up protection of consumers, guaranteed the rights of whistleblowers and improved the criminalisation of hate speech. Enforcing EU rules also ensured better protection of workers’ rights and fairer working conditions.
Background
Since 1984, following a request made by the European Parliament, the
Commission presents an annual report on monitoring the application of EU law during the preceding year. The European Parliament then adopts a resolution on the Commission’s report.
In the division of responsibilities between the European institutions, the Commission has the general responsibility of initiating the legislative process.
The European Parliament and the Council decide on the Commission’s proposals. Member States are responsible for timely and correct application and implementation of EU law in the national legal order.
The Commission closes this circle: once proposals are adopted and become EU law, it monitors whether the Member States are applying this law correctly and may take action if otherwise.
For more information
The annual report on monitoring the application of EU law
Website on the annual report on monitoring the application of EU law
Annual report on monitoring the application of EU law – factsheet
EU and Singapore conclude negotiations for landmark Digital Trade Agreement
To
day, the EU and Singapore concluded negotiations for a Digital Trade Agreement (DTA). This deal is the first EU agreement of its kind, reflecting the EU’s aspiration to be a global standard-setter for digital trade rules and cross-border data flows.
The DTA will complement the 2019 EU-Singapore Free Trade Agreement, connecting both economies further and benefiting businesses and consumers that want to engage in digital trade. It will also provide binding rules that build consumer trust, ensure predictability and legal certainty for businesses, as well as removing and preventing the emergence of unjustified barriers to digital trade. In addition, it will unlock new economic opportunities while ensuring a safe online environment. The EU and Singapore will now follow their respective procedures to work towards formal signature and conclusion.
Executive Vice-President and Commissioner for Trade, Valdis Dombrovskis, said: ‘Building smart, modern rules for digital trade with our global partners is crucial at a ti
me when more than half of EU trade in services is delivered digitally. Today’s deal with Singapore, the first agreement of its kind, will benefit businesses and consumers on both sides, bringing our economies closer together, while representing a significant step forward for the EU’s ambition to be a global standard-setter in the domain of digital trade.’
More information is available in the joint statement and press release online, as well as in a study on the potential impacts of the DTA.
(For more information: Olof Gill – Tel.: +32 2 296 59 66; Ana Apse-Paese – Tel.: +32 2 298 73 48)
Latest EU agri-food trade balance remains higher than last year
The latest monthly agri-food trade report published today by the European Commission showed that in April 2024, the EU agri-food trade surplus reached pound 5 billion, still 4% higher than in April 2023, despite a reduction of 25% compared to the previous month. Exports reached pound 19.8 billion, mainly due to increased prices of olives and olive oil. Imports
represented pound 14.8 billion. Close to 45% of EU imports are composed of a few product categories: coffee, tea, cocoa and spices; fruit and nuts; and oilseeds and protein crops.
EU agri-food exports were close to their value of the previous month but 10% higher than April 2023. Cumulative exports since January reached pound 77.8 billion. With an increase of pound 829 million, exports to the United States increased the most, a result largely explained by the high price of olives and olive oil. These products are driving total EU agri-food exports with an increase of 62% in value compared with 2023. Cereal preparations and milling products, dairy products, and wine and wine-based products represent 25% of the EU total agri-food export value.
EU agri-food imports represent a 10% increase from the previous month mainly explained by the high prices of cocoa. Cumulative imports from January to April 2024 are worth pound 54.9 billion, stable with the same period in 2023. Imports of cereals had the largest reduct
ion, with a decrease of pound 1.5 billion (-33%), due to reduction in imported volumes and world prices. A similar decrease worth pound 1.3 billion was observed for oilseeds and protein crops because of lower prices. Côte d’Ivoire and Nigeria benefitted the most from higher EU import values of cocoa. Compared to 2023, the EU reduced its imports from Indonesia (mainly palm oil) and from Australia (mainly rapeseed).
More insights as well as detailed tables are available in the monthly EU agri-food trade report.
(For more information: Olof Gill – Tel.: +32 2 296 59 66; Ana Apse-Paese – Tel.: +32 2 298 73 48)
The latest Commission report showed that the General Data Protection Regulation continues to deliver, though enforcement in key areas should be improved
Today, the Commission published its 2nd report on the application of the General Data Protection Regulation (GDPR). The report finds that the Regulation continues to deliver effectively for individuals and businesses, ensuring strong protection for data
subjects and risk-based obligations for controllers and processors. It also outlines some priority areas to improve the application of the GDPR, such as a swift adoption of the Commission’s proposal for a GDPR Procedural Regulation to ensure robust enforcement with quick remedies. It also calls for proactive support from data protection authorities, especially to SMEs and small operators; a consistent interpretation and enforcement of the GDPR across the EU, and an effective cooperation between regulators at national, EU and international levels to guarantee a coherent application of the growing body of EU digital rules.
Vera Jourová, Vice-President for Values and Transparency, said: ‘The GDPR is the crown-jewel of EU digital policy and it became a foundation for data protection worldwide. It is the solid basis on which lies the set of initiatives that allow individuals to harness the benefits of the digital transition while fully respecting fundamental rights. We must continue working to guarantee the coher
ent application of the EU’s digital rulebook.’
Didier Reynders, Commissioner for Justice, added: ‘The GDPR has delivered strong protection for individuals and allowed businesses to reap the benefits of a level playing field and the free flow of data. The EU has also stepped out its cooperation with foreign partners to facilitate safe data flows and develop strong international standards. But more can be done to support the compliance efforts of businesses, especially SMEs. This is why our report provides for a concrete list of action points for the coming years, including practical guidance and tailor-made tools to help all concerned actors meeting their obligations.’
The report takes into account contributions from the Council, the European Data Protection Board, national data protection authorities, stakeholders, and a report of the Fundamental Rights Agency. More information about data protection can be found online.
Source: Cyprus News Agency