Infringement Observatory Update
The Commission has launched 126 infringement errands during October 2020.
A majority (123) of them are non-communication cases, i.e. infringements procedures due to member states being late in the transposition of a directive. While the three remaining procedures has been initiated due to alleged violation of European law. The non-communication cases concern three policy areas: Environment (89), Internal Market, Industry, Entrepreneurship and SME:s (19) and Employment Social Affairs and Equal Opportunities (15).
Within the area of environment, managing waste so as to protect and improve the environment, does seem to create problems for several member states. The WASTE directives concerned are directive (EU) 2018/849, directive (EU) 2018/850, directive (EU) 2018/851, directive (EU) 2018/852, the Commission delegated directive (EU) 2020/364 and 25 member states[1] are late in the transposition of at least one of the directives. These 89 new infringement errands add on to the already extensive amount of infringement procedures in the environment area and must indeed be an indication that members states must invest more in environmental and sustainable solutions in order to fulfil the EU green deal.
In the area of Internal Market, Industry, Entrepreneurship and SME:s, the Commission has launched infringement procedures against 19 member states[2] due to late transposition of directive (EU) 2018/958,which governs the responsibility to provide a proportionality test before implementing new regulations on professions.
Regarding Employment, Social Affairs and Equal Opportunities, 15 member states[3] has not yet implemented directive (EU) 2018/957, which introduces more security for workers and more effectiveness to the free movement of services by amending the posting of workers directive.
Two of the three substantive cases launched by the Commission concern Cyprus and Malta’s “golden passport” regime. The Commission asserts that the “selling” of EU citizenships through investor citizenship schemes, is incompatible with the principle of sincere cooperation and undermines the integrity of the EU citizenship.
Finally, the last infringement proceeding concern Brexit and the ‘United Kingdom Internal Market Bill', which the Commission considers to be in conflict with the Northern Ireland/Ireland protocol to the withdrawal agreement. According to the Commission, the breach is of such a magnitude that, if the bill is adopted, it may obstruct the implementation of the withdrawal agreement.
Explore the Infringement Observatory to learn more about current infringement proceedings in the member states.
[1] Austria, Belgium, Bulgaria, Cyprus, Czechia, Germany, Denmark, Estonia, Greece, Spain, Finland, France, Croatia, Hungary, Lithuania, Luxemburg, Latvia, Malta, Netherlands, Poland, Portugal, Romania, Slovenia, Slovakia and the United Kingdom.
[2] Austria, Belgium, Bulgaria, Cyprus, Germany, Greece, Spain, Finland, Ireland, Italy, Lithuania, Luxemburg, Latvia, Poland, Portugal, Romania, Slovenia, Slovakia and the United kingdom.
[3] Austria, Bulgaria, Cyprus, Czechia, Denmark, Greece, Spain, Finland, Croatia, Ireland, Luxemburg, Latvia, Portugal, Slovenia and United Kingdom.