Analytics, EU – Baltic States, Law and Regulations, Modern EU

Initially, the Commission sends a letter of formal notice to a state in a suspect violation of the EU law, formally requesting to ensure the correct implementation and application of the Directive in question. Then, as a rule, the member states have two months to comply with their obligations; otherwise, the Commission may decide to refer the case to the Court of Justice of the EU.

Waste legislation. The Commission is urging Cyprus, Greece, Italy and Poland to complete the enactment of EU waste legislation into their national laws. In view of tackling resource waste and littering, the EU states had to adopt measures to reduce the consumption of lightweight plastic carrier bags as required by the Plastic Bags Directive (Directive –EU-2015/720) by 27 November 2016. The Directive obliges the member states to achieve this by putting a price on lightweight plastic carrier bags, and/or introducing national reduction targets. National governments can choose from among a list of measures to achieve the commonly agreed objectives. These include economic instruments, such as charges or levies.

Another option is national reduction targets: the EU states must ensure that no more than 90 of these bags are consumed per person a year by the end of 2019. By the end of 2025, that number should be down to no more than 40 bags per person. Both options may be achieved either through compulsory measures or agreements with economic sectors. It is also possible to ban plastic bags provided those bans do not go beyond the limits established by the Directive in order to preserve free movement of goods within the European Single Market.

The Commission verifies by way of priority whether the EU states have fulfilled the obligation to transpose this Directive. The Commission sends a final warning to four EU states for continued failure to notify the Commission of their measures.

Energy & construction. The Commission has requested the Czech Republic to correctly transpose all the requirements of the Energy Performance of Buildings Directive (Directive 2010/31/EU) into national law. In the EU, buildings represent 40% of energy consumption and 36% of CO₂ emissions. The correct implementation of the Directive is essential for reaching EU energy and climate targets as well as for helping consumers save money on their energy bills and improve their comfort. Under the EU law, the member states must establish and apply minimum energy performance requirements for new and existing buildings, ensure the certification of buildings' energy performance, and require the regular inspection of heating and air conditioning systems.

In addition, EU states have to ensure that all new buildings are 'nearly-zero energy' buildings from 2021 onwards. According to the Commission's assessment, not all the requirements of the Directive have been fulfilled. In particular, the national legislation does not yet ensure the display of energy performance certificates in buildings frequently visited by the public as required.

Electricity and Gas Directives. The Commission has sent a letter of formal notice to the Netherlands formally requesting to ensure the correct implementation and application of the Electricity Directive (Directive 2009/72/EC) and the Gas Directive (Directive 2009/73/EC). The Directives are part of the Third Energy Package and contain key legal provisions which allow energy markets to function properly.

Combating noise. The Commission calls on the Czech Republic and Slovakia to establish the strategic noise maps and action plans, as required under the Noise Directive (Directive 2002/49/EC). Environmental noise caused by road, rail and airport traffic, industry, construction, and some other outdoor activities is the second main cause for premature death after air pollution. The Noise Directive requires EU states to adopt noise maps showing noise exposure within the bigger agglomerations, along main railways and main roads and of major airports.

These maps then serve as a basis for defining measures in noise action plans. The Commission sent a letter of formal notice in April 2016 asking Slovakia to comply with the key obligations of the Noise Directive. But as strategic noise maps for 445 major road segments and action plans for 2 agglomerations, for 462 major road segments and for all 16 major railway segments still have not been adopted, the Commission decided to send a reasoned opinion.

The Czech Republic still has to adopt several noise maps and all noise action plans for agglomerations, major roads, railways and the major airport. The Commission has, therefore, decided to send a letter of formal notice. The Czech authorities now have two months to respond to the arguments put forward by the Commission.

Air quality. Commission urges Romania to ensure proper monitoring of air quality throughout its whole territory. The Commission sends a letter of formal notice to Romania over significant gaps in monitoring air pollution. Air pollution poses a major risk to public health causing more than 25 000 premature deaths per year in this state alone.

This first warning covers the monitoring network of a wide range of zones and agglomerations as well as all major pollutants including sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene, carbon monoxide and ozone, arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons. Proper monitoring is a fundamental pre-requisite for verifying compliance with the different EU air quality standards. EU legislation on ambient air quality and cleaner air for Europe requires EU states to assess air quality throughout their territory and to take measures to limit the exposure of citizens to pollutants. Romania has failed to establish a monitoring network compliant with EU standards and requirements to effectively assess and improve air quality.

Waste. Commission calls on Austria & Germany to comply with reporting obligations under waste rules. As part of a horizontal action, the Commission has opened infringement proceedings against these states for their failure to report on the implementation of EU waste rules. The opened proceedings address missing data in the report for the years 2013-2015 on reaching recycling and recovery targets for municipal, construction and demolition waste under the Waste Framework Directive (Directive 2008/98/EC).

Insurance issues. The Commission has decided to send reasoned opinions to Estonia and Denmark requesting them to fully implement the Solvency II Directive (Directive 2009/138/EC) and the Omnibus II Directive (Directive 2014/51/EU). These Directives, which replaced the 14 insurance and reinsurance Directives that were previously known as "Solvency I" aimed to ensure the financial soundness of insurance companies during financially challenging periods. The Directives became fully applicable on 1 January 2016 and the deadline for their implementation in national law was 31 March 2015.

However, Estonia and Denmark failed to notify the Commission of all measures necessary to fully implement these rules into their national law. The Commission's requests take the form of a reasoned opinion and follow letters of formal notice, which the Commission had sent in May 2015. Having considered their replies, the Commission is still of the view that transposition of the Directives is not yet complete in these EU states.

On the same matter, the Commission has also decided to send letters of formal notice to Austria and Finland requesting their national authorities to fully enact the Solvency II Directive into their national legislation. If Austria and Finland do not act within the next two months, the Commission may send them reasoned opinions on this matter.

State liability for breach of EU law. The Commission decided to send a letter of formal notice to Spain on the grounds that its national rules on State liability for a breach of EU law due to the Spanish legislature are contrary to the principles of equivalence and/or effectiveness.

The Spanish legislation has established less favourable conditions for liability for a breach of EU law than for liability due to a breach of the Spanish Constitution. In addition, it contains procedural conditions which are also not in line with established case law of the Court of Justice of the EU. The contested national provisions thus render State liability for a breach of EU law excessively difficult, with a negative impact on the effectiveness of EU law.

Source: Commission June’s infringement procedures, in:

http://europa.eu/rapid/press-release_MEMO-17-1577_en.htm?locale=en