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March infringements package: main decisions

Commission Européenne - MEMO/13/261   21/03/2013

Autres langues disponibles: FR DE NL IT PT EL MT PL SL BG RO

European Commission

MEMO

Brussels, 21 March 2013

March infringements package: main decisions

EMPLOYMENT

ENERGY

ENVIRONMENT

INTERNAL MARKET & SERVICES

TRANSPORT

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In its monthly package of infringement decisions, the European Commission is pursuing legal action against Member States for failing to comply properly with their obligations under EU law. These decisions covering many sectors aim at ensuring proper application of EU law for the benefit of citizens and businesses.

The Commission has taken today 101 decisions, including 3 reasoned opinions and 9 referrals to the European Union's Court of Justice, out of which 4 include financial penalties. Below is a summary of the main decisions.

For more information on infringements procedure, see MEMO/12/12.

  1. Referrals to the Court of Justice with financial penalties

  1. Renewable Energy: Commission refers Poland and Cyprus to Court for failing to transpose EU rules

The European Commission is referring Poland and Cyprus to the Court of Justice of the European Union for failing to transpose the Renewable Energy Directive. The Directive aims at ensuring a 20% share of renewable energy in the EU by 2020. The Directive had to be transposed by the Member States by 5 December 2010.

For Poland, the Commission proposes a daily penalty of € 133 228.80. For Cyprus, the Commission proposes a daily penalty of € 11 404.80. The penalties proposed take into account the duration and the gravity of the infringement. In case of an affirmative judgement of the Court, the daily penalty is to be paid from the date of the judgment until the transposition is completed. The final amount of the daily penalties will be decided by the Court.

(for more information: IP/13/259 – M. Holzner - Tel. +32 229 60196 - Mobile +32 498 98 2280)

  1. Internal energy market: Commission refers Romania to Court for failing to fully transpose EU rules

The European Commission is referring Romania to the Court of Justice of the European Union for failing to fully transpose the EU internal energy market rules. To date, Romania has only partially transposed the Electricity and Gas Directives. However, Member States should already have fully transposed these Directives by 3 March 2011.

For each partially transposed Directive, the Commission proposes a daily penalty of € 30 228.48. The level of this penalty is set taking into account the duration and the gravity of the infringement. In case of an affirmative judgement of the Court, the daily penalty is to be paid from the date of the judgment until the transposition is completed. The final amount of the daily penalties will be decided by the Court.

(for more information: IP/13/260 – M. Holzner - Tel. +32 229 60196 - Mobile +32 498 98 2280)

  1. Other referrals to the Court of Justice

  1. Environment: Commission takes Belgium to Court over untreated urban waste water

The European Commission is concerned that Belgium is failing to protect its citizens from the effects of untreated urban waste water. Despite earlier reminders from the Commission, a number of towns in Belgium are still failing to comply with European norms. Discharge of untreated urban waste water is a threat to human health and the environment. In an effort to urge Belgium to speed up its actions in this area, the Commission is therefore taking Belgium to the EU Court of Justice, on the recommendation of Environment Commissioner Janez Potočnik.

(for more information: IP/13/251 – J. Hennon - Tel. +32 229 53593 - Mobile +32 498 95 3593)

  1. Land transport of dangerous goods: Commission refers Belgium to Court for failing to update national legislation

The European Commission has decided today to take Belgium to the Court of Justice of the European Union over the failure to adopt national legislation on the inland transport of dangerous goods.

(for more information: IP/13/256 – H. Kearns - Tel. +32 229 87638 - Mobile +32 498 98 7638)

  1. Environment: Commission takes Italy to Court over inadequate treatment of waste landfilled in Lazio

The European Commission is taking Italy to Court for failing to comply with the requirements of EU waste legislation. Due to a narrow interpretation by the Italian authorities of what constitutes sufficient treatment of waste, the Malagrotta landfill in Rome and other landfills in the Lazio region are being filled with waste that has not undergone the treatment required by EU legislation. Landfills operating in breach of EU waste legislation constitute a serious threat to human health and the environment. On the recommendation of Environment Commissioner Janez Potočnik, the Commission is taking Italy to the EU Court of Justice.

(for more information: IP/13/250 – J. Hennon - Tel. +32 229 53593 - Mobile +32 498 95 3593)

  1. Social security: Commission refers Malta to Court for cutting pensions of people receiving service pensions from other Member States

The European Commission has decided to refer Malta to the EU's Court of Justice for reducing Maltese old-age pensions if the beneficiary receives a pension from another Member State as a result of having worked in the public service of that State.

(for more information: IP/13/249 – J. Todd - Tel. +32 229 94107 - Mobile +32 498 99 4107)

  1. Air transport: Commission refers Portugal to the Court of Justice over groundhandling services at Lisbon, Porto and Faro airports

The European Commission has decided today to refer Portugal to the Court of Justice of the European Union for incorrect application of the rules on airport groundhandling. The rules regarding baggage handling, ramp handling and freight and mail handling are not being complied with at Lisbon, Porto and Faro airports. The Commission is concerned that this results in an uneven conditions between possible groundhandlers and in additional costs and lower service quality for airlines and passengers.

(for more information: IP/13/255 – H. Kearns - Tel. +32 229 87638 - Mobile +32 498 98 7638)

  1. Reasoned opinions

  1. Free movement of capital: Commission requests Bulgaria to respect EU rules

The European Commission has today requested Bulgaria to respect EU rules on the free movement of capital (Article 63 Treaty on the Functioning of the EU). The Privatisation and Post-Privatisation Control Act in Bulgaria introduces special rights for the Bulgarian State which could restrict the free movement of capital. Under this Act, even when one of the company's shareholders breaches its obligations under a privatisation contract, the special rights allow the Bulgarian State to impose mortgages and other security measures , not only on the property of that shareholder but also and in addition on the property of the privatised company. If Bulgaria does not abolish these special rights, this might deter already existing EU investment in Bulgaria and dissuade others from investing in the future. As Bulgaria has not yet repealed these restrictions, the Commission requests Bulgaria, in the form of a reasoned opinion, to take action to fully comply with EU rules. If the Bulgarian authorities do not reply satisfactorily within two months, the Commission may refer the matter to the EU Court of Justice.

(for more information: C. Hughes - Tel. +32 229 64450 - Mobile +32 498 96 4450)

  1. Defence Procurement: Commission requests Portugal to apply EU rules

The European Commission has today requested that Portugal fully implement the Directive on procurement of arms, munitions and war material (and related works and services) for defence purposes, as well as the procurement of sensitive supplies, works and services for security purposes. The Defence Procurement Directive (Directive 2009/81/EC) had to be implemented in all EU Member States by 20 August 2011. However Portugal has only put part of the required provisions in place. The Commission's request takes the form of a reasoned opinion under EU infringement procedures. If no measures are notified to put an end to the violation of EU law within two months, the Commission may decide to refer Portugal to the EU Court of Justice.

More information: http://ec.europa.eu/internal_market/publicprocurement/infringements/cases/index_en.htm.

(for more information: C. Hughes - Tel. +32 229 64450 - Mobile +32 498 96 4450)

  1. Environment: Commission urges SLOVENIA to comply with EU law on waste management in Kidričevo

The European Commission is urging Slovenia to comply with EU waste legislation and clean up a large quantity of waste tyres in a gravel pit in Lovrenc pri Dravskem polju in the municipality of Kidričevo. Landfilling waste tyres is forbidden in the EU, notably on account of their high flammability, and waste management must be carried out without endangering human health or the environment and without risk to water, air, soil, plants or animals. The gravel pit in question contains 107,060 m3 of whole and shredded waste tyres, two major fires have already broken out at the site, and the vicinity of the gravel pit constitutes one of the biggest drinking water reserves in the country. On the recommendation of Environment Commissioner Janez Potočnik, the Commission is sending a reasoned opinion (the second stage in EU infringement proceedings). If Slovenia fails to act within two months, the Commission may refer the case to the EU Court of Justice.

(for more information: J. Hennon - Tel. +32 229 53593 - Mobile +32 498 95 3593)


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