February infringements package: main decisions - Part 2 | WPN World People News

2. Reasoned opinions

Employment: Commission requests GERMANY to respect the reference period to calculate average weekly working time for German civil service

The European Commission has requested Germany to respect, in the case of civil servants, the reference period set by the Working Time Directive to calculate the maximum average weekly working time. Under this Directive, workers have the right to a limitation of their average weekly working time to 48 hours, calculated over a so-called ‘reference period’ of up to 4 months. This means that workers can be required to work more than 48 hours in certain weeks, as long as this is balanced out over a 4-month period. By contrast, German law provides a 12-month reference period for the application of the 48-hour limit, as regards civil servants. The Directive allows Member States to set up longer reference periods in certain situations, such as for activities requiring a need for continuity of service provision. However, even in such cases, the reference period should not exceed 6 months. The only exception, allowing an extension of the reference period to 12 months, is when the workers concerned have collectively agreed to this by means of a collective agreement. As this is not the case for the German civil service, German law is incompatible with the Working Time Directive.

European Commission received complaints about this situation, and already sent a letter of formal notice to Germany in July 2014. Its request now takes the form of a 'reasoned opinion' under EU infringement procedures. Germany has two months to notify European Commission of the measures taken to bring national legislation in line with EU law. Otherwise, European Commission may decide to refer this Member State to the European Court of Justice.

Energy: Commission requests GREECE, PORTUGAL and SLOVENIA to comply with EU rules on Energy Efficiency Directive

The European Commission has formally requested Greece and Portugal to ensure the full transposition of the Energy Efficiency Directive (Directive 2012/27/EU). Under this Directive Member States must achieve certain energy savings over the period from 1 January 2014 – 31 December 2020. They have to do this by using Energy Efficiency Obligations Schemes and other targeted policy measures to drive energy efficiency improvements in households, industry and transport sectors. Energy Efficiency Obligations Schemes are mandatory for energy providers. Companies have to take measures to ensure energy savings at final customer level, for example by giving advice on installing better insulation or offering grants for replacing old energy wasting windows. The Directive had to be transposed into national law by 5 June 2014. European Commission sent a reasoned opinion to Greece and Portugal asking them to notify European Commission of all their transposition measures for the Directive on February 27. This procedure may bring European Commission to ask financial sanctions before the Court if the Member States do not transpose the EU directive.

In addition, European Commission has also formally requested Slovenia, which has already transposed the Directive into national law, to submit a National Energy Efficiency Action Plan and long-term strategy for mobilising investment in the renovation of the national stock of residential and commercial buildings. These plans had to be sent by 30 April 2014. European Commission's request takes the form of a reasoned opinion. If Slovenia does not comply with its legal obligation within two months, European Commission may decide to refer them to the Court of Justice.

Environment: Commission asks LATVIA and ROMANIA to enact EU rules on sulphur emissions from ships

The European Commission is asking Latvia and Romania to transpose EU legislation on the sulphur content of marine fuels in their domestic law and to communicate the transposition measures to European Commission. This obligation had to be fulfilled by 18 June 2014. Sulphur dioxide can have an adverse effect on human health and is one of the main factors behind the problem of acidification. The revised legislation on the sulphur content of liquid fuels aims to reduce the emissions of this air pollutant by setting maximum sulphur content levels for heavy fuel oil and gas oil. It also incorporates new standards set by the International Maritime Organisation into EU law to ensure their proper and harmonised enforcement by all EU Member States. After missing the original deadline, Latvia and Romania were sent letters of formal notice on 22 July 2014. European Commission is now sending reasoned opinions, and if the Member States in question fail to act within two months, the cases may be referred to the EU Court of Justice. This procedure may bring European Commission to ask financial sanctions before the Court if the Member States do not transpose the EU directive.

Environment: Commission asks ESTONIA to enact EU legislation on Marine Strategy

The European Commission is asking Estonia to comply with EU legislation requiring Member States to draw up marine strategies to protect their seas. The Marine Strategy Framework Directive aims to ensure that Europe's seas achieve good environmental status by 2020. The Directive requires Member States to draw up coordinated strategies to protect and restore Europe's marine ecosystems, and to ensure the ecological sustainability of activities linked to the marine environment. Estonia has failed to inform European Commission about all the transposition measures of the Marine Strategy Framework Directive, which should have been in place by 15 July 2010. Since the transposition is still partial, European Commission is sending a reasoned opinion. If Estonia fails to inform European Commission within two months of the measures taken to transpose the relevant EU legislation, European Commission could refer the case to the European Court of Justice and may already ask the Court to impose financial sanctions at this stage, without having to return to the Court for a second ruling. This procedure may bring European Commission to ask financial sanctions before the Court if the Member States do not transpose the EU directive.

Environment: Commission asks POLAND to act on air pollution

The European Commission is asking Poland to comply with EU legislation requiring Member States to limit citizens' exposure to fine dust particles (PM10) by defining specific limit values to be observed. Tiny PM10 particles can cause asthma, cardiovascular problems, lung cancer, and premature death. In Poland, they originate mostly in emissions from coal for domestic heating, traffic, and industry. The latest figures from Poland show that the maximum daily limits for these particles is being exceeded in 36 zones, with yearly limits also being exceeded in 12 zones. Under EU law, Member States are obliged to take all the necessary measures to improve air quality, and to make this information available in form of air quality plans. European Commission believes that Poland has failed to take appropriate measures that should have been in place since 2005 to protect citizens' health, and is asking for forward-looking, speedy and effective action to keep the period of non-compliance as short as possible. The action, an additional reasoned opinion, gives Poland two months to respond. If the Member State fails to act within the prescribed period, European Commission may take the matter to the EU Court of Justice.

Environment: Commission asks POLAND to ensure drilling activities comply with EU standards

The European Commission is asking Poland to ensure that all exploratory drilling activities are carried out with due regard to EU standards. Under Polish law, exploratory drilling to depths of up to 5000 metres does not require the environmental impact to be assessed beforehand. EU law however, requires that any project that is likely to have a significant effect on the environment, by virtue of its nature, size or location, be assessed beforehand, in line with the Environmental Impact Assessment Directive. This exclusion from the scope of the relevant EU law is contrary to EU law, and this has been recently repeated by a European Court of Justice on a ruling delivered on 11 February. European Commission sent a letter of formal notice about the matter in July 2014, but as the shortcomings have still not been rectified, a reasoned opinion is now being sent. Poland has two months to respond. If the Member State fails to act within the prescribed period, European Commission may take the matter to the EU Court of Justice.
Environment: Commission asks SPAIN to improve treatment of wastewater from small agglomerations

The European Commission is asking Spain to improve the collection and treatment of waste water from a large number of small and medium-sized agglomerations around the country. Under EU law, towns and cities are required to collect and treat their urban waste water, as untreated waste water can put human health at risk and pollutes lakes, rivers, soil and coastal and groundwater. EU law stipulates that secondary treatment had to be in place for all wastewater from agglomerations with a population equivalent of between 10 000 and 15 000 inhabitants by 2005, and for discharges to freshwater and estuaries from agglomerations of between 2000 and 10 000 inhabitants. In a Letter of Formal Notice in June 2012, European Commission noted that 612 agglomerations of between 2000 and 15 000 population equivalent were failing to comply with European norms. Spain's reply has confirmed what European Commission views as a systematic breach of EU obligations, and more than 8 years after the initial deadline, over 600 small agglomerations in Spain are still falling short of EU standards. A reasoned opinion has therefore been sent. Unless concrete measures are taken to put an end to the failure as soon as possible, the case may be referred to the EU Court of Justice.

Growth: Commission asks SPAIN to comply with EU rules for recognition of proof-marking of antique firearms

The European Commission has requested Spain to comply with EU rules for the recognition of proof-marking of antique firearms which have been lawfully marketed in other Member States on February 27. The EU took account of the particular characteristics of the market for antique weapons when it designed legislation to ensure the traceability of arms through their identification and registration by EU Member States. A fundamental element of the law specifically exempts old but fully functional firearms held by collectors and museums from the authenticity marking requirements, if these firearms are already marked with "historic" proof-markings. The Spanish authorities however require additional proof-marking of antique firearms imported from other Member States, even if these have already been lawfully marketed and proof-marked in another Member State. European Commission finds that the Spanish law is neither proportional nor necessary and restricts the free movement of goods in the EU.

European Commission's request to Spain to change its law takes form of a reasoned opinion under EU infringement procedures. European Commission stands ready to continue assisting Spain in finding other, less trade restrictive measures to ensure the legitimate objective of public security, thus avoiding the need to refer the case to the EU's Court of Justice. More information on EU Directives on Defence and Firearms website.

Health: Commission urges ESTONIA, ITALY and SLOVENIA to notify transposition of the information procedures for the exchange of human organs between Member States

The European Commission has formally requested Estonia, Italy and Slovenia to notify the transposition measures of the information procedures for the exchange of human organs on February 27. This Directive lays down procedures to facilitate cooperation between Member States and mutual understanding of the information on organs and donor characterisation, for their traceability and for the reporting of serious adverse events and reactions.

To date, the above Member States have not yet notified European Commission of the measures transposing this Directive into national law, despite being required to do so by 10 April 2014. European Commission's request takes the form of a reasoned opinion. Estonia, Italy and Slovenia have two months to communicate to European Commission the measures taken to transpose Directive 2012/25/EU. Failure to notify these measures could lead European Commission to referring the cases to the Court of Justice of the European Union.

Health: Commission urges DENMARK, ESTONIA and ITALY to notify transposition of the rules on certain technical requirements on testing of human tissues and cells

The European Commission has formally requested Denmark, Estonia and Italy to notify the transposition measures of Directive 2012/39/EU which amends the existing requirements applicable to the testing of human tissues and cells on February 27. In particular, the Directive addresses (i) HTLV-I antibody testing requirements across the Member States and (ii) blood samples testing for donation by partners. To date, the above Member States have not notified European Commission of the measures transposing this Directive into national law, despite being required to do so by 17 June 2014.

European Commission's request takes the form of a reasoned opinion. Denmark, Estonia and Italy have two months to inform European Commission of the measures taken to transpose Directive 2012/39/EU. Failure to notify these measures could lead to European Commission referring the cases to the Court of Justice of the European Union.

Health: Commission urges BULGARIA to notify transposition on harmful organism Directive

The European Commission has formally requested Bulgaria to notify the measures transposing a Directive on harmful organisms on February 27. This Directive withdraws the Diabrotica virgifera virgifera (Western Corn Rootworm), a harmful organism of maize, from the list of regulated harmful organisms because this plant pest is now established in a large part of the Union territory. To date, Bulgaria has not yet notified European Commission of the measures transposing this Directive into national law, despite being required to do so by 31 May 2014.

European Commission's request takes the form of a reasoned opinion. Bulgaria has two months to inform European Commission of the measures taken to transpose Directive 2014/19/EU. Failure to notify these measures could lead to European Commission referring the cases to the Court of Justice of the European Union.

Health: Commission urges POLAND to transpose provisions of EU directives on quality and safety standards for human blood

The European Commission has formally requested Poland, asking to correctly transpose certain provisions of Directives that lay down quality and safety for human blood on February 27. Amongst other measures, they set eligibility criteria for donors, conditions for importing blood from third counties, and reporting obligations of blood establishments. On eligibility of donors, the rules in Polish legislation on admissibility of minors are less protective than the EU rules, and certain technical requirements on the health condition of donors are less stringent than the EU rules. On blood imported from third countries, Polish law does not stipulate equivalent traceability and testing requirements to those applicable to blood collected in the EU. Finally, on reporting obligations of blood establishments, the required content of their annual activity reports is not fully reflected in the Polish legislation.

European Commission's request takes the form of a reasoned opinion. If Poland fails to inform European Commission, within two months of this formal request, of the transposition of the relevant EU legislation, European Commission could refer the case to the Court of Justice of the European Union.

Taxation: Commission requests FINLAND to amend its car tax legislation as regards leasing and rental vehicles

The European Commission has formally requested Finland to amend its legislation to ensure that only a proportionate amount of car tax is levied upon the registration by a Finnish resident of a motor vehicle leased or rented in another Member State on February 27. The case concerns situations where the precise duration of the use can be determined, for instance on the basis of a leasing or rental contract.

European Commission is also concerned that the conditions and modalities of the refund system may discourage persons from making use of their freedom to provide and receive services from other Member States.

European Commission's request takes the form of a reasoned opinion. In the absence of a satisfactory response within two months, European Commission may refer Finland to the Court of Justice of the European Union.

Taxation: Commission requests IRELAND to amend its car tax legislation as regards leasing and rental vehicles

The European Commission has formally requested Ireland to amend its legislation to ensure that only a proportionate amount of car tax is levied upon the registration by an Irish resident of a motor vehicle leased or rented in another Member State on February 27. The case concerns situations where the precise duration of the use can be determined, for instance on the basis of a leasing or rental contract.

The resulting costs and administrative burdens regarding vehicles which are used in Ireland for a limited period of time seem considerably higher than those incurred for vehicles which are registered in Ireland permanently or for most of their lifetime. Therefore, European Commission is also concerned that the conditions for the export repayment scheme in its current form are discouraging the provision of related cross-border services.

European Commission's request takes the form of an additional reasoned opinion. In the absence of a satisfactory response within two months, European Commission may refer Ireland to the Court of Justice of the European Union.

Taxation: Commission requests the UNITED KINDGOM to amend its excise duty legislation granting exemption for cider and perry made by small producers

The European Commission has formally requested the United Kingdom to amend its excise duty scheme that exempts from duty cider and perry made by small domestic producers on February 27. This exemption concerns producers, whose production does not exceed 70 hectolitres over a period of 12 consecutive months and who make such products for sale.

EU excise duty rules oblige Member States to levy an excise duty on alcohol and alcoholic beverages. There are no provisions which would provide for an exception to the general obligation to levy excise duty in respect of cider and perry made for sale by small domestic producers. The UK excise duty scheme therefore contravenes EU legislation, which was unanimously agreed and which does not allow for such exemption in any of the Member States.

European Commission's request takes the form of a reasoned opinion. In the absence of a satisfactory response within two months, European Commission may refer the United Kingdom to the Court of Justice of the European Union.

Transport: Commission asks 18 Member States to correctly apply EU rules on driving licences

The European Commission has requested Austria, Belgium, Bulgaria, the Czech Republic, Cyprus, Germany, Denmark, Estonia, Ireland, Spain, France, Finland, Italy, Lithuania, Poland, Portugal, Slovakia and Slovenia to correctly implement the EU Directive on driving licences (Directive 2006/126/EC). These updated rules on driving licences have introduced among others new driving licence categories, a harmonised validity of the driving licence document and established a network to exchange driving licence information (RESPER). These new rules will help reduce the possibility of fraud, guarantee the freedom of movement for EU drivers and reinforce safety on European roads. More information available here.

Transport: Commission asks BULGARIA and POLAND to transpose EU rules on rail safety

The European Commission has asked Bulgaria and Poland to correctly transpose EU rules on railway safety (Directive 2004/49/EC). Applying EU rules on rail safety is necessary to ensure that rail networks across the Union have the highest safety levels.

In Bulgaria it concerns the definition of railway undertakings, development and improvement of railway safety, safety certificates, and decision-making of the safety authority and independence of the investigating body. In Poland it concerns safety management, responsibility of railway undertakings and infrastructure managers as well as the independence of the safety authority and of the investigating body.

The EU rules develop a common approach to railway safety, establishing safety requirements, including safe management of infrastructure and traffic operation, roles and responsibilities of railway undertakings and infrastructure managers and their interaction, common safety regulatory framework, regulation, management, supervision of safety and independent investigation of accidents. The legislation should have been in place since 30 April 2006. If Bulgaria and Poland fail to react adequately, European Commission may refer the matter to the EU Court of Justice. European Commission opened infringement proceedings against Bulgaria on the matter in June 2013 and against Poland in February 2014. Now a reasoned opinion is being sent. Bulgaria and Poland have two months to reply to European Commission.

Transport: Commission asks AUSTRIA to fully implement the rules on inland waterway travel

The European Commission has requested Austria to fully implement the Passengers Rights Regulation (Regulation 1177/2010) for inland waterways services to and from Austrian ports. Austria has not yet set-up an institutional body to handle complaints from passengers, and it has failed to lay down rules on penalties to apply when the Regulation is breached. The Regulation sets out the rights of passengers traveling by Inland Waterways in the EU, and it cannot be properly enforced without the completion of these two requirements. The rules entered into force on 6 January 2011, and Member States were legally required to implement them by 18 December 2012. The request has been sent in the form of a reasoned opinion under the EU infringement procedures. Austria has two months to notify European Commission of the measures taken to apply the Regulation correctly; otherwise European Commission may decide to refer Austria to the EU's Court of Justice.

Transport: Commission asks LUXEMBOURG to transpose EU rules on rail interoperability

The European Commission has asked Luxembourg to correctly transpose EU rules on railway interoperability (Directive 2008/57/EC), particularly regarding vehicle authorisation and the marking of rail vehicles.

The directive establishes the conditions for interoperability, i.e. the compatibility of infrastructure, rolling stock, signalling and other subsystems of the rail system, within the European rail transport system; and thus enables the rail sector to compete more effectively with other transport modes. EU legislation on railway interoperability needs to be applied in all Member States to allow citizens to travel easily through Europe and to promote a safe and environmentally friendly transport mode.

The legislation should have been in place since July 2010. If Luxembourg fails to react satisfactorily, European Commission may refer the matter to the EU Court of Justice. European Commission opened infringement proceedings against Luxembourg on the matter in July 2014, and a reasoned opinion is now being sent. Luxembourg has two months to reply to European Commission.

Source: European Commission