The Commission is adopting a package of infringement decisions due to the absence of communication by Member States of measures taken to transpose EU directives into national law (referred to as ‘non-communication infringements’). The Commission is sending a letter of formal notice to those Member States who have failed to notify national measures transposing directives, whose transposition deadline expired recently. In this case, there are 25 Member States who have not yet notified full transposition measures for eight EU directives in the fields of health, environment, transport, defence and financial stability, financial services and capital markets union. Member States concerned now have two months to reply to the letters of formal notice and complete their transposition, or the Commission may decide to issue a reasoned opinion.
To ensure that producers can use organic varieties suitable for organic production, Directive (EU) 2022/1647 and Directive (EU) 2022/1648 introduced derogations for such varieties from the general rules on variety registration under Directive 2003/90/EC and in relation to certain agricultural plant (specifically cereals) and vegetable species. The Commission is sending letters of formal notice to four Member States (Belgium, Luxembourg, Hungary, Slovakia) since they have not communicated complete transposition of these derogations into national law by the deadline of 30 June 2023.
EU plant health legislation
Directive (EU) 2022/2438 amended Directives 93/49/EEC and 2014/98/EU as regards the phytosanitary requirements for plant reproductive material of ornamental and fruit plants respectively, to align those requirements with recent amendments in Regulation (EU) 2019/2072 that establishes uniform conditions for the implementation of protective measures against pests of plants. Directive (EU) 2022/2438 also amended Directive 2014/98/EU by extending the validity of transitional measures for the production of seeds and seedlings of fruit plants.
The Commission is sending a letter of formal notice to eight Member States (Denmark, Italy, Cyprus, Luxembourg, Hungary, Portugal, Slovakia, Finland) since they have not communicated complete national transposition measures by the deadline of 30 June 2023.
Dangerous goods
Delegated Directive (EU) 2022/2407 updates the EU rules governing the inland carriage of dangerous goods, applicable both to international and national transport operations performed in the EU. The updates bring the rules in line with scientific and technological developments. The Directive harmonises the EU acquis with the latest amendments to international agreements and regulations governing the carriage of dangerous goods. The Commission is today sending a letter of formal notice to nine Member States (Belgium, Bulgaria, Estonia, Cyprus, Hungary, Austria, Portugal, Finland and Sweden) since they have not communicated national measures fully transposing the Directive by the deadline of 30 June 2023.
Defence industry
Directive 2009/43/EC (known as the ‘Transfers Directive’) aims at simplifying the terms and conditions for transfers of defence-related products between European countries and ensures the proper functioning of the internal market. The annex to the Transfers Directive defines the scope of products to which that Directive applies, and mirrors the Common Military List of the European Union, which is regularly updated by the Council. Delegated Directive (EU) 2023/277 is amending the Transfers Directive and updating the list of defence-related products in line with the latest update of Common Military List. The Commission is today sending letters of formal notice to four Member States (Cyprus, Estonia, Malta and Slovakia) because they have failed to notify the national measures transposing Directive (EU) 2023/277 by the deadline of 30 May 2023.
Disclosure of tax information
Directive (EU) 2021/2101 requires all multinational companies active in the EU’s single market with a permanent presence in the Union and that have revenues above EUR 750 million to publish a report on the amount of corporate taxes they pay in each Member State and in non-cooperative jurisdictions. These reports also include additional information such as the number of employees or turnover per country. The Commission is sending today a letter of formal notice to 17 Member States (Belgium, Bulgaria, Czechia, Estonia, Greece, Croatia, Italy, Cyprus, Latvia, Luxembourg, Malta, Netherlands, Austria, Poland, Portugal, Slovenia Finland) for failure to notify national measures fully transposing the Directive by the deadline of 22 June 2023.
Motor Insurance Directive
Directive 2009/103/EC on motor insurance, as amended by Directive (EU) 2021/2118, sets up a mechanism to compensate victims of road traffic accidents in case of insolvency of the responsible insurer. To that end, the Member States are to appoint compensation bodies that will deal with claims stemming from these accidents. For cross-border cases, the Directive envisages that these compensation bodies conclude an agreement on the settlement arrangements among themselves by 23 December 2023. The Member States were to appoint these bodies by 23 June 2023, or at least communicate to the Commission entities that would negotiate this agreement for the time being. The Commission is sending letters of formal notice to 16 Member States (Belgium, Bulgaria, Czechia, Denmark, Ireland, Greece, Spain, Cyprus, Latvia, Luxembourg, Malta, Austria, Poland, Portugal, Romania, Slovenia) for failure to notify the Commission of the complete transposition of these articles by the deadline of 22 June 2023.
