September infringement 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. 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.
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 and fisheries
(For more information: Adalbert Jahnz – Tel. +32 229 53156, Daniela Stoycheva – Tel.: +32 229 53664)
Environment
Letters of formal notice
Commission calls on SPAIN to complete its Natura 2000 Network
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Spain (INFR(2023)2037) for failing to comply with obligations under the Habitats Directive (Directive 92/43/EEC). Under this Directive, Member States must propose EU sites of Community importance (SCIs), which are then added to EU biogeographical lists. Within six years from such listing, Member States must designate SCIs as special areas of conservation (SACs), establish conservation objectives and measures to maintain or restore the protected species and habitats present in the sites, to reach favourable conservation status at national biogeographical level. These are key requirements to protect biodiversity across the EU. The European Green Deal and the Biodiversity Strategy for 2030 indicate that it is crucial for the EU to halt biodiversity loss by protecting and restoring biodiversity.
Spain has failed to propose and transmit an exhaustive list of SCIs as the number, size and location of SCIs proposed by Spain and the species and habitats protected therein are not sufficient. The Commission is therefore sending a letter of formal notice to Spain, 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.
Reasoned opinions
Water management: Commission calls on BULGARIA, CYPRUS, IRELAND, SPAIN, MALTA, PORTUGAL, SLOVAKIA AND SLOVENIA to finalise review of their water management plans
The Commission is calling on 8 Member States (Bulgaria (INFR(2022)2189), Cyprus (INFR(2022)2190), Ireland (INFR(2022)2185), Spain (INFR(2022)2192), Malta (INFR(2022)2195), Portugal (INFR(2022)2197), Slovakia (INFR(2022)2187) and Slovenia (INFR(2022)2199) 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). Both directives require Member States to review, update and report these plans every six years. River basin management plans include a programme of measures to ensure good status of all water bodies. Flood risk management plans are established based on maps showing the potential adverse consequences associated with flood scenarios.
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, the Member States concerned are still failing to comply with their obligations under either one or both Directives. 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.
EU water legislation must be fully implemented to reach the EU's circular economy, biodiversity, zero pollution and climate change ambitions. The Commission is therefore sending a reasoned opinion to these 9 Member States, which now have two months to respond and take the necessary measures. 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.
Urban Waste Water: Commission calls on PORTUGAL to comply with EU rules
Today, the European Commission decided to send a reasoned opinion to Portugal (INFR (2022)2028) for its failure to comply with the requirements of the EU Urban Waste Water Treatment Directive (Council Directive 91/271/EEC).
To protect water quality and aquatic ecosystems, Member States are required to put in place the necessary infrastructure in order to collect and treat their urban waste water. Uncollected or untreated waste water can put human health at risk and pollute lakes, rivers, soil, coastal and groundwater. The European Green Deal, with its Zero Pollution ambition, calls for air, water and soil pollution to be reduced to levels no longer considered harmful to human health and natural ecosystems.
The reasoned opinion sent today concerns 18 agglomerations in Portugal. In 15 of these agglomerations, Portugal does not ensure that urban waste water entering collecting systems is subject, before discharge, to secondary treatment or an equivalent treatment. In three of them, the waste water is discharged in sensitive areas without being subject to a more stringent (tertiary) treatment.
The Commission sent a letter of formal notice to Portugal in July 2022. Despite some progress, full compliance has not been reached to this day. Therefore, the Commission has decided to issue a reasoned opinion to Portugal, which has now two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Industrial emissions: Commission calls on PORTUGAL to improve rules on pollution from industrial activities
Today, the European Commission decided to send a reasoned opinion (INFR(2022)2085) requesting Portugal to bring its national legislation in line with the Industrial Emissions Directive (Directive 2010/75/EU). Industrial activities have a significant impact on the environment and health. The Industrial Emissions Directive lays down rules designed to prevent and reduce harmful industrial emissions into air, water and land and to prevent the generation of waste.
The definition of “hazardous substances” in Portuguese law is not in line with the Directive. Moreover, the Portuguese legislation does not include a clear obligation for the operator of industrial installations to inform the competent authority immediately in case of incidents or accidents. Certain other requirements, such as those in relation to the reconsideration and update of permit conditions, as well as in relation to access to information and public participation in the permit procedure have not been correctly transposed either.
The Commission sent a letter of formal notice to Portugal in September 2022. Since then, full compliance has not been reached. Therefore, the Commission has decided to issue a reasoned opinion to Portugal, which has now two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Environmental noise: the Commission calls on FRANCE to adopt noise action plans for cities and major roads
Today, the European Commission decided to send a reasoned opinion to France (INFR(2013)2006) for its failure to comply with EU rules on environmental noise (Directive 2002/49/EC). Prolonged exposure to high levels of noise pollution can have a serious health impact (including high blood pressure, cardiovascular disease and premature mortality) and significantly affect physical health, mental health and well-being (including chronic disturbance, such as a high level of sleep disturbance, stress and/or annoyance).
The Environmental Noise Directive requires Member States to make available noise maps and action plans for agglomerations (cities), major roads, major railways and major airports. These shall be reviewed and revised, if necessary, at least every five years.
The Commission sent a letter of formal notice to France in May 2013 and an additional letter of formal notice in December 2017 related to shortcomings in meeting these requirements. Since then, the Commission and France have continued regular exchanges on the matter, and France has shown progress regarding noise maps. However, France is still lacking necessary action plans: the information provided by the French authorities shows that 22 action plans are still missing for agglomerations and 67 action plans for major roads.
Therefore, the Commission has decided to issue a reasoned opinion to France, which has now two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Water pollution: Commission calls on BELGIUM to protect its population and ecosystems from nitrate pollution
Today, the European Commission decided to send a reasoned opinion calling on Belgium (INFR(2022)2051) to fully comply with the Nitrates Directive (Directive 91/676/EEC) and take urgent action on nitrate pollution in the Flemish region. The Directive aims to protect Europe's surface and ground water against pollution by nitrates from agricultural sources by requiring the authorities to take measures aimed at avoiding such pollution.
Under the Nitrates Directive, Member States should monitor their waters and identify those affected by nitrate pollution and by eutrophication from agricultural sources. Flemish official reports since 2020 have shown that ground water and surface water quality has severely deteriorated in the Flemish region and that nearly all surface waters are now in a eutrophic state. Successive Flemish nitrates action programmes have clearly failed to deliver expected results since 2015. Under Art. 5(5) of the Nitrates Directive, a Member State should take reinforced action once it knows that existing measures do not deliver. However, to date, Flanders did not take such measures and pollution levels remain excessively high.
The Commission sent a letter of formal notice to Belgium on 15 February 2023 urging the Flemish authorities to take urgent action on nitrate pollution. Although the authorities do not deny the urgency nor the need for action, such action is not to be expected before 2024 - four years after the failure of the action programmes and the resulting need for urgent action were recognised.
Therefore, the Commission has decided to issue a reasoned opinion to Belgium, which has now two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Environmental liability: Commission calls on BELGIUM to clarify who is entitled to request action by national authorities
Today, the European Commission decided to send a reasoned opinion to Belgium (INFR(2020)2107), asking to make sure that all categories of persons listed in the Environmental Liability Directive (Directive 2004/35/CE) have the right to request the authorities to take action to prevent or remedy environmental damage. The Directive lists three categories, which are not reflected in a consistent manner in Belgian regional and federal laws.
The Directive envisages that environmental damage can be prevented or remedied by, among others, granting the right to natural and legal persons to request that the competent authority decides about preventive and remedial action to be taken by the liable operator. The Directive also ensures that the financial consequences of the remedial action is borne by the economic operator who caused the environmental damage.
The Commission sent a letter of formal notice in July 2020. Having analysed the Belgian reply, the Commission still considers that the Belgian legal system is not sufficiently clear as regards who can ask for remedial action since, to date, not all categories of persons have been fully and clearly included in national laws. It is important – for the protection of the environment – to remove any type of uncertainty over which persons have the right to request action by the authorities.
Therefore, the Commission has decided to issue a reasoned opinion to Belgium, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Fisheries
Reasoned opinion
Fisheries: Commission calls on CROATIA to ensure effective monitoring and control of bluefin tuna farms
Today, the European Commission decided to send a reasoned opinion to Croatia (INFR(2021)2259) for failure to comply with EU rules to ensure an effective monitoring, control and inspection system for Croatian Bluefin tuna farms (Regulations (EC) 1224/2009, 1380/2013, 1005/2008 and 2016/1627).
The Commission sent a letter of formal notice to Croatia in February 2022, identifying serious shortcomings in monitoring the transfer and caging operations of Bluefin Tuna. Moreover, Croatia failed to ensure that all relevant data are cross-checked, to investigate potential non-compliance cases and to take administrative or criminal measures against those responsible for infringing EU law.
The Commission considers that Croatia has not taken the necessary steps to address the above-mentioned deficiencies. Croatia has now two months to respond to the reasoned opinion and take the necessary measures to address the identified shortcomings. Otherwise, the Commission may refer the case to the Court of Justice of the European Union.
2. Internal Market, Industry, Entrepreneurship and SMEs
(For more information: Johannes Bahrke – Tel.: +32 229 58615; Ana Martinez Sanjurjo – Tel.: +32 229 63066)
Letter of formal notice
Professional qualifications: Commission asks IRELAND to comply with EU rules
The European Commission decided to open an infringement procedure (INFR(2023)2100) by sending a letter of formal notice to Ireland for failing to comply with the Professional Qualifications Directive (Directive 2005/36/EC). This Directive facilitates the professional mobility and recognition of qualifications across the borders within the EU. These EU rules play an essential part in addressing the shortages of skilled labour across the EU. This is especially true for the healthcare sector which has been particularly affected by the COVID-19 pandemic, by helping to better reallocate skilled professionals where needed. According to the Commission, Ireland imposes unjustified restrictions on nurses and midwives from other EU Member States by excessively limiting the types of proof that these professionals are allowed to use to attest their language knowledge.
Ireland now has two months to respond to the arguments raised by the Commission, otherwise the Commission may decide to send a reasoned opinion to Ireland.
3. Migration, Home Affairs and Security Union
(For more information: Anitta Hipper - Tel.: +32 229 85691; Yuliya Matsyk – Tel.: +32 2 291 31 73)
Letters of formal notice
Document Security and Schengen Convention: Commission calls on PORTUGAL to align the provisions of their Community of Portuguese Language Countries (CPLP) Mobility Agreement with EU law
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Portugal (INFR(2023)4012) concerning the provisions of the Community of Portuguese Language Countries (CPLP) Mobility Agreement. The Commission considers that Portugal failed to fulfil its obligations under Council Regulation (EC) 1030/2002 of June 2002 laying down a uniform format for residence permits for third-country nationals and under the Convention implementing the Schengen Agreement of June 1985, as amended by Regulation (EU) 265/2010. The CPLP Mobility Agreement provides for a residence permit which is not compliant with the uniform format as laid down in Regulation (EC) 1030/2002. In addition, both the residence permits as well as the long-stay visas issued for job-seeking purposes to nationals of the CPLP States do not allow their holders to travel within the Schengen area. Portugal now has 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.
Document Security: Commission calls on BULGARIA, GREECE, CYPRUS and LITHUANIA to implement the 2D-barcode on the uniform format for visas
The European Commission decided today to open infringement procedures by sending letters of formal notice to Bulgaria (INFR(2023)2101), Greece (INFR(2023)2103), Cyprus (INFR(2023)2102), and Lithuania (INFR(2023)2104), 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.
Reasoned opinion
Fight against terrorism: Commission calls on BELGIUM and ITALY to ensure correct transposition of EU rules on combating terrorism
Today, the European Commission decided today to send a reasoned opinion to Belgium (INFR(2021)2179) and Italy (INFR(2021)2180) for failing to correctly transpose certain EU rules on combating terrorism (Directive (EU) 2017/541). The Directive on combating terrorism is a key element of the EU's Counter-Terrorism Agenda and includes provisions that criminalise and sanction terrorist-related offences, such as travelling abroad to commit a terrorist offence, returning to or travelling within the EU for such activities, training for terrorist purposes and financing terrorism. In addition, EU rules set out special provisions for victims of terrorism to ensure they have access to reliable information as well as professional and specialist support services, in the immediate aftermath of an attack and for as long as necessary. Member States had to transpose the Directive into national law by September 2018. The Commission sent letters of formal notice to Belgium and Italy in December 2021, urging them to take the necessary measures to address the shortcomings. The reply from these Member States did not sufficiently address the Commission's concerns. Therefore, the Commission has decided to issue a reasoned opinion to Belgium and Italy, which now have two months to respond and take the necessary measures. If the replies are not satisfactory, the Commission may decide to refer the cases to the Court of Justice of the European Union.
4. Justice
(For more information: Christian Wigand - Tel.: +32 229 62253; Cristina Torres Castillo – Tel.: +32 229 90679; Yuliya Matsyk – Tel.: +32 2 291 31 73)
Letters of formal notice
Procedural rights in criminal proceedings: Commission launches infringement against BELGIUM, BULGARIA and CROATIA for incorrect transposition of the EU rules on the presumption of innocence
Today, the European Commission decided to open an infringement procedure by sending a letter of formal notice to Belgium (INFR(2023)2094), Bulgaria (INFR(2023)2093) and Croatia (INFR(2023)2092) for failing to correctly transpose the Directive on the strengthening of the presumption of innocence and the right to be present at the trial in criminal proceedings (Directive 2016/343/EU). The Directive is one of six Directives adopted by the EU to create common minimum standards ensuring that the fair trial rights of suspects and accused persons in criminal proceedings are sufficiently protected across the EU. The Commission considers that certain national transposition measures notified by the three Member States fall short of the requirements of the Directive, in particular those concerning public references to guilt (Belgium, Bulgaria and Croatia); trials in absentia (Belgium and Croatia); the use of measures of physical restraint (Croatia); the right not to incriminate oneself (Croatia and Bulgaria); remedies against violations of the rights of the Directive (Belgium and Bulgaria). Moreover, the Commission considers that the Bulgarian legislation does not correctly transpose the scope of the Directive, since under Bulgarian law undetained suspects do not benefit of the rights provided under the Directive. Belgium, Bulgaria and Croatia now have two months to take the necessary measures to address the shortcomings identified by the Commission. In the absence of a satisfactory response, the Commission may decide to send a reasoned opinion.
Reasoned opinions
Procedural rights: Commission calls on CZECHIA and FRANCE to correctly apply into their national law the EU rules on the right of access to a lawyer and to communicate upon arrest
Today, the European Commission decided to send a reasoned opinion to Czechia (INFR(2021)2107) and France (INFR(2021)2109) for failing to correctly transpose the Directive on the right of access to a lawyer and to communicate upon arrest (Directive 2013/48/EU). This Directive aims to ensure access to a lawyer from the earliest stages of proceedings for suspects and accused persons in criminal proceedings, as well as persons subject to a European arrest warrant (EAW); and that those who are deprived of liberty may inform and communicate with third persons, such as their employer or family members, as well as their consular authorities. The Commission sent letters of formal notice to Czechia and France in September 2021. It considers that certain national transposition measures notified by the two Member States fall short of the requirements of the Directive, including the requirement for another appropriate adult person to be informed about the deprivation of liberty of a child, in cases where the information of the holder of parental responsibility is contrary to the child's best interests (in Czechia); the right of adult persons to have a third person informed of deprivation of liberty and the right to communicate with third persons (in France); as well as derogations from the right of access to a lawyer in both Member States. Czechia and France now have two months to take the necessary measures to address the shortcomings identified by the Commission. In the absence of a satisfactory response, the Commission may refer Czechia and France to the Court of Justice of the European Union.
Procedural rights: Commission calls on BULGARIA and LATVIA to correctly apply into their national law the EU rules on the right of access to information in criminal proceedings
Today, the European Commission decided to send a reasoned opinion to Bulgaria (INFR(2021)2098) and Latvia (INFR(2021)2100) for failing to correctly transpose the Directive on the right to information in criminal proceedings (Directive 2012/13/EU). This Directive aims to ensure that persons suspected or accused in criminal proceedings or subject to a European Arrest Warrant (EAW) are given adequate information about their rights. The Commission sent letters of formal notice to Bulgaria and Latvia in September 2021. It considers that the national transposition measures notified by the two Member States fall short of the requirements of the Directive, namely with regards to the right of access to the materials of the case, which are essential to effectively challenge the lawfulness of arrest or detention. In Bulgaria, the Commission further notes that the scope of application of the Directive and the right to information about rights and the provisions concerning the Letter of Rights on arrest have still not been correctly transposed. Bulgaria and Latvia now have two months to take the necessary measures to address the remaining shortcomings identified by the Commission. In the absence of a satisfactory response, the Commission may refer Bulgaria and Latvia to the Court of Justice of the European Union.
Company law: Commission calls on BULGARIA and CYPRUS to ensure complete and timely transposition of company law rules on the use of digital tools and processes
Today, the European Commission decided to send a reasoned opinion to Bulgaria, (INFR(2022)0337) and Cyprus (INFR(2022)0339) 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.
5. Mobility and Transport
(For more information: Adalbert Jahnz – Tel.: +32 229 53156, Deborah Almerge Ruckert– Tel.: +32 229 87986)
Letter of formal notice
Unmanned Aircraft Systems (UAS): Commission calls on SLOVAKIA to establish a UAS operators registration system and designate a competent authority
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Slovakia (INFR(2023)2105) for failing to comply with the requirements established in the Commission Implementing Regulation (EU) 2019/947 on the rules and procedures for the operation of unmanned aircrafts. Slovakia has not complied with the regulatory requirements on the designation a competent authority responsible for the overall enforcement of the Regulation as well as key safety functions such as the issuing and revoking of operating certificates and the establishment of the registration system for UAS operators. The current situation does not ensure a level playing field across the EU and may even generate unsafe conditions for unmanned aircraft operations. Slovakia now has two months to reply to the arguments raised by the Commission. Otherwise, the Commission may send a reasoned opinion.
Reasoned opinions
Road transport: Commission calls on LITHUANIA to fully implement EU rules on the maximum weights and dimensions of certain road vehicles
Today, the European Commission decided to send a reasoned opinion to Lithuania (INFR(2020)2284), requesting that the country transposes the updated European rules on the maximum weight and dimensions of certain road vehicles (Directive 2015/719/EU) into national law. Among other measures, the Directive introduces derogations for heavy goods vehicles powered by alternative fuels, and for those involved in intermodal transport operations. The derogations are intended to ensure cleaner vehicles are not penalised if they are longer or heavier than conventional ones, and to encourage intermodal transport operations. Following the letter of formal notice issued in October 2020 and an additional letter of formal notice issued in June 2021, the Commission is of the view that the Lithuanian legislation is still not in line with the Directive. Lithuania now has two months to reply to the arguments raised by the Commission. Otherwise, the Commission may take Lithuania to the Court of Justice of the European Union.
Inland navigation: Commission calls on DENMARK and SPAIN to transpose EU rules on professional qualifications in inland navigation
Today, the European Commission decided to send reasoned opinions to Denmark (INFR(2022)0207) and Spain (INFR(2022)2042) for failing to transpose Directive (EU) 2017/2397 on the recognition of professional qualifications in inland navigation. The Directive sets the conditions and procedures for certifying the qualifications of persons involved in the operation of a craft on EU inland waterways, and for the recognition of such qualifications in other Member States. Moreover, it sets out transitional measures to ensure that certificates of qualification, service record books and logbooks issued before the end of the Directive's transposition period remain valid. Following the letters of formal notice issued to Denmark on 24 March 2022 and to Spain on 15 July 2022, the Commission did not receive notifications from either Member State that show that they have fully transposed the Directive into their national legal order. Accordingly, the Commission is of the view that the national laws of these countries are not fully in line with the Directive.
In addition, the Commission decided to send a reasoned opinion to Denmark (INFR(2022)0210) for its failure to transpose Directive (EU) 2021/1233, amending Directive (EU) 2017/2397, on transitional measures for recognising third-country certificates for inland navigation. To ensure a smooth transition to the system for recognising third-country documents, the Directive sets out transitional measures. According to the notifications sent to the Commission, Denmark has not yet transposed these transitional measures. Following the letter of formal notice issued on 24 March 2022, the Commission did not receive any notification from Denmark that shows that it has fully transposed the Directive into its national legal order. Accordingly, the Commission is of the view that the national law of Denmark is not in fully in line with the Directive.
Denmark and Spain have 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.
Civil aviation safety: Commission urges SPAIN to comply with EU rules
Today, the European Commission decided to send a reasoned opinion to Spain (INFR(2022)2001) for failing to fulfil its obligations under Articles 34 and 56 of the Treaty on the Functioning of the European Union (TFEU) on free movement of goods and services, Regulation (EU) No 2018/1139 on common rules for civil aviation, and Regulation (EU) No 1178/2011 on pilot training organisations. The requirements imposed by Spain to register all aircraft based in Spain, including aircraft already registered in other Member States, lead to a considerable administrative burden on aircraft owners, and are contrary to the freedom of movement of goods and services as guaranteed by Articles 34 and 56 of the TFEU. The Commission had sent a letter of formal notice to Spain on the matter in April 2022. The Commission did not find Spain's reply to the letter of formal notice completely satisfactory and has now issued a reasoned opinion. Spain has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
6. Financial Stability, Financial Services and Capital Markets Union
(For more information: Daniel Ferry – Tel.: +32 229-86500, Aikaterini Apostola - Tel.: +32 229 87624)
Letters of formal notice
Anti-Money Laundering: Commission calls on HUNGARY to correctly transpose the 5th Anti-Money Laundering Directive
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Hungary (INFR(2023)2098) for having incorrectly transposed the 5th Anti-Money Laundering Directive (5thAML). While Hungary has notified a complete transposition of the Directive, the Commission has identified an instance of incorrect transposition of the Directive into national law, related to the obligation to register, license, or regulate services providers: under Hungarian law, there exists no requirement to register or license providers of exchange services between virtual currencies and fiat currencies. Anti-money laundering rules are instrumental in the fight against money laundering and terrorism financing. Legislative gaps occurring in one Member State have an impact on the EU as a whole. On the other hand, as regards sanctions imposed by the EU following Russia's invasion of Ukraine, it is imperative that the beneficial owners of sanctioned firms are identified. That is why EU rules should be implemented and supervised efficiently to combat crime, protect the Union's financial system and ensure EU sanctions enforcement. Without a satisfactory response from Hungary within two months, the Commission may decide to continue the infringement procedure and send a reasoned opinion.
Financial markets: Commission urges SPAIN to complete its transposition of the Directive on markets in financial instruments
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Spain (INFR(2023)2099) on grounds of its incomplete transposition into national law of amendments to Directive on markets in financial instruments. The amendments replace the definition of ‘financial instrument' under Article 4(1), point (15) of the Directive 2014/65/EU. The transposition deadline was 23 March 2023 and by date Spain has not completed it. The Commission therefore invites Spain to transpose and notify the required measures. Without a satisfactory response from Spain within two months, the Commission may decide to continue the infringement procedure and send a reasoned opinion.
7. Jobs and social rights
(For more information: Veerle Nuyts – Tel.: +32 229 96302; Flora Matthaes – Tel.: +32 229 83951)
Protection of workers: Commission calls on GERMANY to bring its legislation as regards occupational exposure limits for hazardous chemicals in line with EU law
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Germany (INFR(2023)2043) for failing to correctly incorporate into national law the Directive establishing a fourth list of indicative occupational exposure limit values for hazardous chemical agents (Directive (EU) 2017/164). These EU limits are formulated based on the latest scientific data and represent threshold levels of exposure that should cause no harm to workers, even with repeated short-term or daily exposure. Member States are required to take these EU values into account when establishing their national limit values. For acrylaldehyde, German law set a national occupational exposure limit that is four times higher than the EU limit. For sulphur dioxide, the German limit is double the level set by the EU. The Chemical Agents Directive (Council Directive 98/24/EC) grants Member States the freedom to determine the nature of their national limits, notably whether they will incorporate the EU indicative exposure limits as indicative or binding, in accordance with their national legislation and practice. Although Germany has implemented binding limits for these two substances, it has disregarded the indicative limit values set by the EU and the scientific considerations on which they are based. In addition, Germany did not provide appropriate explanations for setting higher values, in particular no justifications on why it would not be feasible for Germany to implement the EU limit values. Germany has now two months to address the concerns raised by the Commission. Otherwise, the Commission may decide to send a reasoned opinion.