Editor's note

The key decisions taken by the Commission on all EU states -grouped below by policy areas- include 7 letters of formal notice, 77 reasoned opinions, 3 referrals to the Court of Justice of the European Union, and 4 closures. The Commission is also closing 67 cases in which the issues with the EU states concerned have been solved without the Commission needing to pursue the procedure further.

Financial services: reasoned opinion for Poland

The Commission requests Poland to fully enact EU rules on mortgage credit and bring its legislation on mortgage credit fully into line with EU law. The Mortgage Credit Directive (Directive 2014/17/EU) aims to create a Union-wide mortgage credit market with a high level of consumer protection. The main Directive’s provisions include: conduct rules for providers (including an obligation to assess consumer creditworthiness and disclose information), competence and knowledge requirements for staff, provisions regarding certain aspects of mortgage credit (e.g. early repayment, foreign currency loans, tying practices), financial education, property valuation and arrears and foreclosures, as well as a EU passport for credit intermediaries who meet the admission requirements in their home member state.

The EU states had to enact these rules into national law by 21 March 2016. Having missed the original deadline, Poland was sent a letter of formal notice in May 2016. In June 2016, Poland notified partial implementation of the Directive.

However, as the prevailing part of the Directive has not been enacted, present Commission’s request takes the form of a reasoned opinion. If the Polish authorities fail to act within two months, the Commission may decide to take the matter to the Court of Justice of the EU.

Single market: reasoned opinion for Sweden and Finland

-Commission urges Sweden (and five other EU states) to notify full transposition of the Directive on tobacco products sold in the EU.

See the Tobacco Products Directive (Directive 2014/40/EU).

The Directive aims to improve the functioning of the internal market for tobacco and related products, while ensuring a high level of health protection for European citizens. The Directive sets out that its provisions should had been transposed into national law by 20 May 2016.

To date, Sweden has notified the Commission of a partial transposition of the Directive. Hence, Sweden has two months to inform the Commission of the measures taken to remedy the situation; otherwise, the Commission may decide to refer these cases to the Court of Justice of the EU.

-Commission requests six EU states (including Finland) to transpose new rules on measuring instruments. The Commission has sent reasoned opinions to these states requesting them to transpose four Directives on measuring instruments into national law: namely, Directives 2014/31/EU, 2014/32/EU, 2011/17/EU and Commission Delegated Directive (EU) 2015/13/EU).

The Directives set the rules that allow measuring instruments – from weighing scales or utility meters for water, gas, electricity and heat to taximeters – to be calibrated uniformly across the EU. All four Directives should have been fully transposed into EU states’ national legislation by 19 April 2016 for Directives 2014/31/EU, 2014/32/EU and 2015/13; and by 30 November 2015 for Directive 2011/17/EU.

The states concerned have not yet communicated the complete transposition of these Directives into their national laws to the Commission. These states now have two months to notify the Commission of the full transposition of the Directives; otherwise, the European Commission may decide to refer them to the Court of Justice of the EU.

Education: reasoned opinion for Latvia

The European Commission sent reasoned opinions to Latvia (and Romania) to transpose Directive 2013/55/EU on the recognition of professional qualifications into national law. The Directive provides a modern EU system for the recognition of professional qualifications, which makes it simpler and faster to recognise professional qualifications from a different country and ensure respect of the host country's requirements.

The Directive should have been transposed into national legislation by 18 January 2016. However, Latvia and Romania have not yet communicated its complete transposition to the Commission. These two states now have two months to notify the Commission of the full transposition of the Directive; otherwise, the European Commission may decide to refer them to the Court of Justice of the EU.

Public Procurement: reasoned opinions for 5 BSA states

The European Commission sent reasoned opinions to 15 states (including 5 Baltic Sea Area states), requesting them to fully transpose one or more of the three new directives on public procurement and concessions into national law (namely, Directives 2014/23/EC, 2014/24/EC and 2014/25/EC).

The countries concerned are:  Austria (3 directives), Belgium (3), Bulgaria (1), Croatia (3), Cyprus (2), Estonia (3), Finland (3), Ireland (1), Latvia (3), Lithuania (3), Luxembourg (3), Portugal (3), Slovenia (1), Spain (3) and Sweden (3). The new rules make public procurement in Europe more efficient and transparent, with smarter rules and more electronic procedures. They also make it easier and cheaper for SMEs to bid for public contracts, improve transparency and competition and help achieve broader policy objectives, such as environmental and social goals and innovation. All Member States were obliged to notify the transposition of the new public procurement rules by 18 April 2016. The 15 Member States concerned now have two months to notify the Commission of measures taken to bring national legislation in line with EU law.

Letters of formal notice (including two BSA states) on car emissions

The Commission is taking action against seven EU states for failing to set up penalties systems to deter car manufacturers from violating car emissions legislation, or not applying such sanctions where a breach of law has occurred.

The European Commission decided to act against the Czech Republic, Germany, Greece, Lithuania, Luxembourg, Spain and the UK on the grounds that they have disregarded EU vehicle type approval rules.

In accordance with Article 46 of Directive 2007/46 and more specifically Article 13 of Regulation (EC) 715/2007, which is directly applicable, the states must have effective, proportionate and dissuasive penalties systems in place to deter car manufacturers from breaking the law. Where such a breach of law takes place, for example by using defeat devices to reduce the effectiveness of emission control systems, these penalties must be applied.

The Commission is addressing letters of formal notice to Lithuania because it has failed to introduce such penalties systems into the national law. The Commission is also opening infringements against Germany the state that issued type approvals for Volkswagen Group AG in the EU – for not applying the national provisions on penalties despite the company's use of illegal defeat device software. Additionally, the Commission takes the view that Germany broke the law by refusing to disclose, when requested by the Commission, all the technical information gathered in their national investigations regarding potential nitrogen oxide (NOx) emissions irregularities in cars by Volkswagen Group AG and other car manufacturers on their territories. These states now have two months to respond to the arguments put forward by the Commission; otherwise, the Commission may decide to send a reasoned opinion. For more information, please refer to the full press release.

Mobility and transport: reasoned opinion for BSA states 

-The Commission has requested Finland to complete the transposition of Commission Implementing Directive 2014/111/EU, which amends the common European rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (Directive 2009/15/EC). The aim for the Commission and the European Maritime Safety Agency (EMSA) is to continue to implement a comprehensive oversight programme of the classification societies recognised at EU level for statutory inspections and surveys of EU flagged ships.

EU states were given time to complete transposition until 31 December 2015; however, Finland has failed to do so. The Finnish authorities now have two months to take the necessary measures to remedy the situation; otherwise, the Commission may decide to refer the case to the Court of Justice of the EU.

-In road transport, Commission requests Denmark and Germany to implement common EU rules for driving licences. The two states have to implement Commission Directive 2014/85/EU on the medical fitness of drivers and on driving tests. This Directive updates the common European rules on driving licences (Directive 2006/126/EC) to take into account medical progress on the "obstructive sleep apnoea" (OSA) syndrome and to guarantee that European drivers are trained to safely drive in tunnels.

A uniform application of the rules on driving licenses is necessary to guarantee road safety in Europe. Denmark and Germany have failed to transpose Directive 2014/85/EU so far. Both EU states now have two months to notify the Commission of implementing measures; otherwise, the Commission may decide to refer them to the Court of Justice of the EU.

For more information on the EU infringement procedures, see MEMO/12/12. For more detail on all decisions taken, consult the infringement decisions' register.

General reference: http://europa.eu/rapid/press-release_MEMO-16-4211_en.htm.