December Infringements package: key decisions
December Infringements package: key decisions
Overview by policy area
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. In this package the Commission is also closing 176 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.
1. Environment
(For more information: Adalbert Jahnz – Tel. +32 229 53156, Daniela Stoycheva – Tel.: +32 229 53664)
Letters of formal notice
Waste: Commission calls on the NETHERLANDS to correctly transpose the Waste Framework Directive
The European Commission decided to open an infringement procedure by sending a letter of formal notice to the Netherlands (INFR(2023)2161) for failing to address shortcomings in their transposition of Directive 2008/98/EC on waste as amended by Directive 2018/851/EU. The amended Directive sets legally binding targets for waste recycling and the reduction of landfilling. It also requires Member States to improve their waste management systems and the efficiency of resource use. The deadline for Member States to incorporate the provisions of the amended Directive into their national legislation was 5 July 2020. The Commission has assessed the transposition of the Directive by all Member States and is of the view that the Netherlands did not correctly transpose the Directive. The shortcomings relate to the ‘end of waste' status, some aspects of the general minimum requirements for extended producer responsibility schemes and the rules on the calculation of the attainment of the targets. The Commission is therefore sending a letter of formal notice to the Netherlands, which now has two months to respond, clarify its transposition measures and, where needed, 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
Water: Commission calls on BELGIUM, CZECHIA, DENMARK, AUSTRIA, POLAND and SWEDEN to communicate their measures transposing the Drinking Water Directive
The European Commission decided to send reasoned opinions to Belgium (INFR(2023)0045), Czechia (INFR(2023)0054), Denmark (INFR(2023)0060), Austria (INFR(2023)0043), Poland (INFR(2023)0089) and Sweden (INFR(2023)0098) for failing to communicate their national laws transposing the recast Drinking Water Directive (Directive (EU) 2020/2184). Member States had to transpose the Directive into national law and comply with its provisions by 12 January 2023. The recast Drinking Water Directive improves the protection of human health through updated water quality standards, tackling pollutants of concern, such as endocrine disruptors and microplastics, and leading to even cleaner water from the tap for all. The new Directive also tackles water leakages as now on average 23% of the treated water is lost during distribution in the EU. The Directive includes new provisions that require Member States to improve and maintain access to drinking water for all. It supports the Zero Pollution Action Plan, under the European Green Deal. The Commission sent letters of formal notice to 20 Member States in March 2023. Out of them, Belgium, Czechia, Denmark, Austria, Poland and Sweden have still not communicated all the measures necessary to ensure the full transposition of the Directive into their national laws. Belgium, Czechia, Denmark, Austria and Sweden notified some transposition measures; however, further legislation still needs to be adopted for the transposition to be complete. As regards Poland, no transposition measures have been notified so far. According to the reply to the letter of formal notice, adoption of transposition measures is planned only for April 2024. Therefore, the Commission has decided to issue reasoned opinions to Belgium, Czechia, Denmark, Austria, Poland and Sweden, which have now 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.
Referrals to the Court of Justice
Nature: Commission refers IRELAND to the Court of Justice for failing to adopt and notify penalties on invasive alien species
Today, the European Commission decided to refer Ireland (INFR(2018)2319) to the Court of Justice of the European Union for failure to adopt and to notify the penalties applicable to breaches of the Invasive Alien Species Regulation (Regulation (EU) No 1143/2014). Invasive alien species are one of the five major causes of biodiversity loss in Europe and worldwide. They are plants and animals that are introduced accidentally or deliberately as a result of human intervention into a natural environment where they are not normally found. They represent a major threat to native plants and animals in Europe, causing an estimated damage of EUR 12 billion per year to the European economy. Addressing them is an important aspect of the EU's aim to stop biodiversity loss as articulated in the European Green Deal and the European Biodiversity Strategy for 2030. Among other provisions, the Regulation requires Member States to lay down the rules on penalties applicable to breaches of the regulation's provisions. These rules were to be notified to the Commission by 2 January 2016. The Commission sent a letter of formal notice to Ireland in January 2019 for failure to adopt and to notify the rules on penalties applicable to infringements of the Regulation. A reasoned opinion was issued on the same grounds in November 2019. As to date, Ireland has not established and notified the penalties applicable to the breaches of the regulation, therefore the Commission is referring Ireland to the Court of Justice of the European Union. More information is in the press release.
Water: Commission refers SPAIN to the Court of Justice for its failure to comply with the Urban Waste Water Treatment Directive
Today, the European Commission decided to refer Spain (INFR(2012)2100) to the Court of Justice of the European Union for its failure to fully comply with the collection and treatment obligations set in the Urban Waste Water Treatment Directive. The Directive aims to protect people's health and the environment by requiring that urban waste water is collected and treated before discharge. Untreated waste water can put human health at risk and pollute lakes, rivers, soil, and coastal and groundwater. Information gathered by the Commission has shown widespread failures to comply with the Directive in Spain. In the case of 29 agglomerations, Spain still needs to ensure that they benefit from wastewater collection systems and that, where the use of individual or other appropriate systems is justified, they achieve the same level of environmental protection of a collecting system. For 225 agglomerations, Spain is still failing to provide the entire agglomerations' pollution load with the required treatment level and/or fails to meet the treatment performance for the discharges into the environment after treatment. This means that there are agglomerations where infrastructure needs to be built or improved. This may require substantial efforts in building out new physical infrastructure or upgrading already existing treatment facilities. The Commission sent a letter of formal notice to Spain in June 2012, followed by a reasoned opinion in February 2015 and an additional reasoned opinion in June 2021. Despite some progress, the Spanish authorities have not yet fully addressed the grievances. Therefore, the Commission is referring Spain to the Court of Justice of the European Union. More information is in the press release.
Fisheries and maritime affairs
Referrals to the Court of Justice
Maritime spatial planning: Commission refers GREECE to the Court of Justice for its failure to draw up and communicate its Maritime Spatial Plans
Today, the European Commission decided to refer Greece (INFR(2021)2226) to the Court of Justice of the European Union for its failure to ensure the correct implementation of Directive (EU) 2014/89 on maritime spatial planning. The Directive sets out a common approach for EU countries to plan their maritime areas. Maritime spatial planning seeks to organise human activities in marine areas to meet various ecological, economic and social objectives. These objectives include the development of a sustainable blue economy, the sustainable use of marine resources, and the conservation of healthy marine ecosystems and biodiversity. Correct implementation of the Directive is essential to ensure proper achievement of these objectives as part of the European Green Deal.
The Directive requires coastal EU Member States to draw up maritime spatial plans no later than 31 March 2021, and to communicate the plans to the Commission and other Member States concerned within three months of their publication. However, Greece has still not drawn up and submitted their maritime spatial plans to the Commission. Therefore, following a letter of formal notice sent in December 2021, and a reasoned opinion in April 2023, the Commission is referring Greece to the Court of Justice of the European Union. More information is in the press release.
2. Migration, Home Affairs and Security Union
(For more information: Anitta Hipper - Tel.: +32 229 85691; Fiorella Belciu – Tel.: +32 2 299 37 34; Elettra Di Massa – Tel.: +32 2 298 21 61; Yuliya Matsyk - Tel.: +32 229-62716)
Letters of formal notice
Third-country seasonal workers: Commission calls on CZECHIA, FRANCE, CROATIA, HUNGARY, MALTA, the NETHERLANDS, AUSTRIA and POLAND to fully and correctly transpose the provisions of the Seasonal Workers Directive
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Czechia (INFR(2023)2129), France (INFR(2023)2130), Croatia (INFR(2023)2131), Hungary (INFR(2023)2132), Malta (INFR(2023)2133), the Netherlands (INFR(2023)2134), Austria (INFR(2023)2128) and Poland (INFR(2023)2135) for failing to transpose in a fully conform manner all provisions of the Seasonal Workers Directive (Directive 2014/36/EU). The Directive aims to ensure fair and transparent rules for the admission of third-country seasonal workers to the EU. It also aims at guaranteeing for workers coming from the third country decent working and living conditions, equal rights and sufficient protection from exploitation across the EU. Ensuring the full respect of the Seasonal Workers Directive is an important prerequisite for attracting the workers needed for seasonal work to the EU and it could also contribute to reducing irregular migration. The Commission is monitoring the way in which all Member States have transposed this legislation into national law. As part of this comprehensive exercise, the Commission launched the first set of infringements in April 2023, by sending letters of formal notice respectively to Belgium, Bulgaria, Germany, Estonia, Greece, Italy, Cyprus, Latvia, Lithuania and Luxembourg. The Commission considers that Czechia, France, Croatia, Hungary, Malta, The Netherlands, Austria and Poland have incorrectly transposed and/or implemented some obligations under the Directive. These Member States have now two months to take the necessary measures to address the shortcomings identified by the Commission. In the absence of a satisfactory response, the European Commission may decide to send them a reasoned opinion.
3. Energy and climate
(For more information: Tim McPhie – Tel.: +32 229 58602; Giulia Bedini – Tel. +32 229 58661)
Letters of formal notice
Governance Regulation: Commission calls on BULGARIA, AUSTRIA and POLAND to submit draft updated National Energy and Climate Plans for the period 2021-2030
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Bulgaria (INFR(2023)2166), Austria (INFR(2023)2172) and Poland (INFR(2023)2167) for failing to submit by 30 June 2023 a draft update of their integrated National Energy and Climate Plan (NECP) for the period 2021-2030 under article 14 of Regulation (EU) 2018/1999 on the Governance of the Energy Union and Climate Action. National Energy and Climate Plans (NECPs) are crucial tools for ensuring that the EU is on track for achieving its 2030 energy and climate targets for greenhouse gas emission reductions, renewable energy and energy efficiency and to design appropriate underpinning policies. Under the Governance Regulation, all Member States were required to submit to the Commission a draft update of their NECP by 30 June 2023. The three Member States that have not yet submitted their draft updates now have two months to reply and address the shortcomings identified by the Commission. In the absence of a satisfactory response, the Commission may decide to send a reasoned opinion.
4. Mobility and Transport
(For more information: Adalbert Jahnz – Tel.: +32 229 53156, Deborah Almerge Rückert – Tel.: +32 2 298 79 86)
Letters of formal notice and additional letter of formal notice
Hired Vehicles Directive: Commission calls on the NETHERLANDS to transpose EU rules on hired vehicles
The European Commission decided to open an infringement procedure by sending a letter of formal notice to the Netherlands (INFR(2023)2163) requesting that it transposes the Directive (EU) 2022/738 on the use of vehicles hired without drivers for the carriage of goods by road into its national legislation. Member States were required to transpose the Directive by 6 August 2023. The Commission considers that the Netherlands failed to bring into force the laws, regulations and administrative provisions necessary to comply with the Directive, and to indicate in a sufficiently clear and precise manner the measures taken by which it considers having transposed the different obligations imposed by the Directive. The Directive provides for a minimum level of market opening for the use of vehicles hired without drivers for transporting goods by road. Using hired vehicles can reduce costs for companies carrying goods on their own account or for hire or reward, and increase operational flexibility. The Netherlands now has two months to reply and address the shortcomings identified by the Commission. In the absence of a satisfactory response, the European Commission may decide to send a reasoned opinion.
Single European Railway Area: Commission urges GERMANY to transpose EU rules correctly
The European Commission decided to send an additional letter of formal notice to Germany (INFR(2019)2159) for incorrectly transposing EU rules on the single European railway area. The single European railway area is an EU-wide system of rail networks to allow the expansion of the rail sector based on competition, technical harmonisation and joint development of cross-border connections. Part of it is given effect by Directive 2012/34/EU, which covers notably competition issues, regulatory oversight and for fair and non-discriminatory access to rail infrastructure and rail related services. Germany has failed to correctly transpose some of the Directive's provisions, which is why the Commission had sent a first letter of formal notice to Germany on 10 October 2019. While Germany has addressed some of the shortcomings raised in the initial letter of formal notice, the Commission's assessment of legislation newly notified by Germany has raised additional concerns. Germany now has two months to reply to the arguments raised by the Commission. In the absence of a satisfactory response, the Commission may decide to send a reasoned opinion.
