European Commission

Press release

Brussels, 21 June 2012

Environment: Commission urges Cyprus and Lithuania to comply with EU waste legislation

Two Member States have not correctly interpreted or applied EU waste laws: Cyprus (for landfill) and Lithuania (for packaging waste), causing harm to human health and the environment, potentially creating barriers to trade and distorting competition. On the recommendation of Environment Commissioner Janez Potočnik, the Commission is referring Cyprus to the European Court of Justice and sending Lithuania a reasoned opinion, requesting amendments to its national legislation. If Lithuania fails to reply within two months, the Commission may also refer their case to the Court.

The EU Landfill Directive is intended to prevent or reduce the adverse effects of the landfill of waste on the environment, in particular on surface water, groundwater, soil, air and human health. Under the Directive, existing landfills must meet certain conditions in order to continue to operate. In Cyprus several landfills have been found to be operating in violation of the directive. While progress has been made through the closure and rehabilitation of a number of landfills and the establishment of an adequate waste management system, six landfills continue to operate in breach of the EU legislation. These landfills still absorb the waste generated by the municipalities of Nicosia and Limassol, as adequate waste infrastructure has yet to be built in these municipalities. The Commission sent a related reasoned opinion to Cyprus in January 2012, but the reply indicated full compliance is not expected before 2015. Consequently the Commission decided to refer the case to the Court.

The Packaging and Packaging Waste Directive covers all packaging waste regardless of the material used, and is intended to reduce the volume of waste and encourage sustainable growth. As Lithuania had not correctly incorporated the Directive's provisions into national law, the Commission sent a letter of formal notice in May 2011. Lithuania has since corrected the majority of instances of non-compliance, but one issue still needs to be properly reflected in its legislation: the requirement for packaging to comply with the relevant harmonised EU standards. This smoothens the functioning of the internal market by ensuring that packaging manufactured in one Member State can be used in another Member State without obstructions. The Commission is therefore sending a reasoned opinion.

Background

The landfill waste Directive is a key instrument to prevent or reduce as far as possible negative effects on the environment from landfilling of waste, during the whole life-cycle of the landfill. The Directive bans or reduces the landfilling of certain wastes and defines technical requirements for the authorisation, design, operation, closure and after-care of landfills. Landfills that were already in operation when the Directive became applicable had time until 16 July 2009 to adapt to the requirements of the Directive

The packaging and packaging waste Directive requires Member States to prevent the formation of packaging waste, to ensure that the weight and volume of packaging placed on the market is limited to the minimum, and to develop packaging reuse systems reducing their impact on the environment. It also introduces recovery and recycling targets for glass, paper, cardboard, metal, plastics and wood packaging that were to be met by Lithuania by 2008. It covers all packaging throughout the production and consumption chain.

Further information:

For current statistics on infringements in general:

http://ec.europa.eu/community_law/infringements/infringements_en.htm

See also: MEMO/12/464

More details of EU policies on waste:

http://ec.europa.eu/environment/waste/index.htm

European Commission

Press release

Brussels, 21 June 2012

Sanctioning employers of irregular migrants: Commission urges Cyprus to act

Some Member States are still failing to apply EU rules on sanctions and measures against employers who exploit irregular migrants. Today, the Commission decided to advance infringement proceedings and issue a reasoned opinion requesting Cyprus to bring its law into line with the Employer Sanctions Directive (Directive 2009/52/EC), which should have been implemented by 20 July 2011. The Directive targets employers who take advantage of irregular migrants' precarious position and employ them for what are usually low-paid jobs with poor working conditions. It also strengthens the rights of the individual migrant by requiring employers to pay outstanding wages.

The Directive is a key element in EU efforts against irregular migration. It prohibits the employment of irregular migrants from outside the EU, by punishing employers through fines or even criminal sanctions in the most serious cases. As many irregularly-staying migrants work in private households, the Directive also applies to private individuals as employers. All Member States, except Denmark, Ireland and the UK, are bound by the Directive.

A letter of formal notice (the first step of the infringement procedure) was sent to Cyprus on 30 September 2011. However, the country has still not notified the measures necessary to fully transpose the Directive. The Commission therefore decided to issue a reasoned opinion, formally requesting Cyprus to comply with EU law. Cypriot authorities have two months to answer.

At the same time the Commission decided today to end the proceedings against the Netherlands. The country was late in implementing the Employer Sanctions Directive, leading the Commission to start legal proceedings against it, but the national legislation necessary to apply the Directive has now been brought into force.

Background

Many irregularly-staying third country nationals are working across the EU, in sectors such as construction, agriculture, cleaning and hotel/catering. Knowing that such work is available in the EU is a major pull factor for people who come or stay in the EU under irregular conditions. Employers take advantage of irregular migrants' precarious position, and employ them for what are usually low-skilled and low-paid jobs. Due to their status, these employees are very unlikely to complain about working conditions or pay. This puts them in an extremely vulnerable position.

The Directive helps put an end to this situation. It establishes minimum standards across the EU on sanctions and measures against employers of irregularly-staying third-country nationals.

Under the Directive, before recruiting a third-country national, employers are required to check that they are authorised to stay, and to notify the relevant national authority if they are not. Employers who can show that they have complied with these obligations and have acted in good faith are not liable to sanctions. Employers who have not carried out such checks, and are found to be employing irregular migrants will be liable for financial penalties, including the costs of returning irregularly staying third-country nationals to their home countries. They have to repay outstanding wages, taxes as well as social security contributions. And in the most serious cases, such as repeated infringements, the illegal employment of children, or the employment of significant numbers of irregularly-staying migrants, employers are liable to criminal penalties.

The Directive helps protect migrants, by ensuring that they get any outstanding remuneration from the employer, and by providing access to support from third parties, for example trade unions or NGOs.

The Directive puts a particular emphasis on the enforcement of the rules. Many Member States already have employer sanctions and preventive measures in place, however, in practice, both their scope, as well as their enforcement, varies greatly across the EU.

Useful Links

MEMO/12/464

Cecilia Malmström's website

Follow Commissioner Malmström on Twitter

DG Home Affairs website

Follow DG Home Affairs on Twitter

EU Immigration portal

European Commission

Press release

Brussels, 21 June 2012

Animal Welfare: Commission steps up calls urging 10 Member States to implement ban on laying hen cages

Today, the European Commission has sent a reasoned opinion to ten Member States that have failed to correctly implement Directive 1999/74/EC which introduces a ban on the use of un-enriched cages for laying hens. Belgium, Greece, Spain, France, Italy, Cyprus, Hungary, the Netherlands, Poland and Portugal still allow the use of un-enriched cages for laying hens despite the ban which came into force in January 2012 for which they have had 12 years to prepare. Sending a reasoned opinion is the next step in the procedure before referral to the EU Court of Justice.

As from 1 January 2012, Directive 1999/74/EC required that all laying hens must be kept in "enriched cages" with extra space to nest, scratch and roost, or in alternative systems. According to the Directive, cages can be used only if they provide each hen with at least 750 cm² of cage area, a nest-box, litter, perches and claw-shortening devices, allowing the hens to satisfy their biological and behavioural needs.

The Commission welcomes the efforts made by the Member States which have complied with the rules. However, full compliance by all Member States is essential to avoid market distortions and unfair competition. Member States who still allow the use of "un-enriched" cages put businesses that invested in complying with the new measures at a disadvantage. To demonstrate compliance, Member States will need to show that all those establishments still using un-enriched cages, have either been transformed or closed.

Background

The political decision for the ban on "un-enriched" cages was taken in 1999. Member States have had twelve years to ensure a smooth transition to the new system and to implement the Directive. However, so far, and notwithstanding the repeated calls by the Commission, the above mentioned Member States have failed to adequately comply with applicable EU law.

No reasoned opinions were sent to Bulgaria, Latvia and Romania since the Commission is assessing the additional information provided by these Member States which state that they are now fully compliant with the rules.

Next steps

The Commission's request takes the form of a reasoned opinion under EU infringement procedures. If the 10 concerned Member States fail to inform the Commission within two months of measures taken to ensure full compliance with EU law, the Commission could refer the case to the Court of Justice of the European Union.

For more information:

On the protection of laying hens:

http://ec.europa.eu/food/animal/welfare/farm/laying_hens_en.htm

On prior letters of formal notice: IP/12/47

On infringement procedures: MEMO/12/464

European Commission

Press release

Brussels, 21 June 2012

Driving licences: Commission takes Cyprus to Court

The European Commission decided today to refer Cyprus to the European Court of Justice for its failure to transpose a directive on driving licence. The directive should have been fully transposed by 19 January 2011. Failure to implement the directive may affect road safety and makes it difficult for the Cypriots to exchange the relevant driving licences in other parts of the EU.

The EU rules

Directive 2006/126/EC¹ on driving licences daily affects more than 350 million European citizens. A great number of Europeans make cross-border trips within the Union for private or professional purposes and every year many Europeans and their families move to another EU country. This legislation is therefore very important for the free movement of drivers as it would abolish one of the last obstacles.

Directive 2006/126/EC updates Directive 91/439/EC² on driving licences and further enhances the harmonisation of the European driving licence system by for example introducing new driving licence categories and a harmonised period of validity of the driving licence document.

The directive aims also at improving road safety by setting minimum standards for medical checks on professional drivers and for qualifications and continuous training for driving examiners. It also requires drivers of category AM to pass a theory test, which was not mandatory beforehand.

Another objective of the directive is to reduce the risks of fraud by using plastic card model, with the option to use a microchip.

The reason for the Court referral

Cyprus has still not fully transposed this directive into national law, although it was required to do so by 19 January 2011.

The practical effect of non-implementation

This directive is essential as it guarantees the mutual recognition of driving licences within the EU, including the new driving licence categories. Not implementing this directive could affect road safety and make it difficult for Cypriots to exchange their driving licence for a new one in other parts of the EU or for other Europeans to exchange their driving licence for a Cypriot one.

For more information please see: MEMO/12/464

European Commission

Press release

Brussels, 21 June 2012

Renewable energy: national legislation in 4 Member States still not in line with EU rules

Increasing the share of renewable energy to 20% in the EU energy consumption by 2020 relies on the commitment of Member States to fully implement the requirements of EU legislation.

The Renewable Energy Directive (2009/28/EC) had to be transposed by Member States by 5 December 2010. The timely transposition of this Directive is a priority for the Commission, especially since unnecessary delays in implementing it may jeopardize the achievement of the EU renewable energy objective. However, Cyprus, Ireland, Malta and Slovenia have not informed the Commission of all the measures necessary to fully transpose the Directive into their national legislation.

Therefore, the Commission has today decided to send Reasoned Opinions to these Member States. If the Member States do not comply with their legal obligation within two months, the Commission may decide to refer them to the Court of Justice.

Background

The EU has committed to reach a 20% share of renewable energy in final energy consumption and a 10% share of renewable energy in transport by 2020. The regulatory framework laid down by the Renewable Energy Directive is a key element for reaching these objectives.

According to the Directive, each Member State has to reach individual targets contributing to the overall 20% share of renewable energy in energy consumption. To reach these targets, Member States have to lay down rules, for example for improving the grid access for electricity from renewable energy sources, the administrative and planning procedures, information and training of installers etc. In addition, where biofuels are used to achieve the transport target, these must meet a set of sustainability requirements, which also need to be included in national legislation.

Further information

The Renewable Energy Directive can be consulted here.

Commission web page on renewable energy:

http://ec.europa.eu/energy/renewables/index_en.htm

Current figures on infringements in general can be found at:

http://ec.europa.eu/eu_law/infringements/infringements_en.htm

For more information on EU infringement procedures, see MEMO/12/464.

European Commission

Press release

Brussels, 27 September 2012

Cross-border legal disputes: Commission takes Cyprus and the Netherlands to Court for failing to transpose EU rules

The European Commission is referring Cyprus and the Netherlands to the Court of Justice of the European Union for failing to notify national measures to implement EU rules easing access to justice in cross-border legal disputes. The Mediation Directive applies when two parties involved in a cross-border dispute voluntarily agree to settle their dispute using an impartial mediator. The deadline for transposing the Directive into national law was 21 May 2011.

"We take action to ease access to justice in the European Union," said Vice-President Viviane Reding, the EU’s Justice Commissioner. "Mediation is an important alternative to going to court in cross-border disputes and can help parties find an amicable settlement. It saves time, money and spares parties involved in already emotional family cases the additional trauma of going to court."

Settling disputes and disagreements through courts is often costly and time-consuming. Cross-border cases are particularly complex due to different national laws and practical matters like costs or language. Under the rules of the Directive, Member States have to ensure that mediated agreements can be enforced. According to an EU-funded study, the time wasted by not using mediation is estimated to be on average between 331 and 446 extra days in the EU, with extra legal costs ranging from €12,471 to €13,738 per case.

The Commission proposes a daily fine of €6.758,4 for Cyprus, and €70.553,6 for the Netherlands, which would be paid as from the date of the Court's affirmative ruling until the Member States concerned notify the Commission that they have fully implemented the rules into national law.

Background

Directive 2008/52/EC on mediation in civil and commercial matters was adopted on 23 April 2008 (IP/08/628). The Commission proposed the Directive in October 2004 (IP/04/1288).

Mediation can solve problems between businesses, employers and employees, landlords and tenants, or families, so that they can maintain and even strengthen their relationship in a constructive way – a result that cannot always be achieved through court proceedings. Settling disputes out of court spares justice systems' resources and can potentially cut legal costs. A crucial element in any mediation is trust in the process, especially when two parties come from different countries. EU rules therefore encourage Member States to provide quality control, establish codes of conduct and offer training to mediators to make sure there is an effective mediation system in place.

All EU Member States should now have measures in place to transpose the EU legislation. In August 2010 the Commission called on all Member States to implement the EU Mediation Directive on time (see IP/10/1060). The Commission then began legal proceedings by sending “letters of formal notice” to nine countries (Czech Republic, Spain, France, Cyprus, Luxembourg, the Netherlands, Finland, Slovakia and the United Kingdom) in July 2011 (IP/11/919). Three of them (Finland, Slovakia and the United Kingdom) notified the Commission of their national measures while the other six (Cyprus, the Czech Republic, Spain, France, Luxembourg and the Netherlands) received a reasoned opinion for failing to do so (IP/11/1432). The Commission today closes infringement proceedings against Luxemburg and the Czech Republic as they informed the Commission of their relevant national rules. 22 Member States have the rules in place now, while Denmark is not bound by the Directive – a prerogative it has under a protocol annexed to the EU Treaties.

For more information

Homepage of Vice-President Viviane Reding, EU Justice Commissioner:

http://ec.europa.eu/reding

Justice Directorate General Newsroom:

http://ec.europa.eu/justice/newsroom/index_en.htm

September infringement package decisions:

MEMO/12/708

General infringement procedure:

MEMO/12/12

European Commission - Press release

Environmental Crimes: Commission takes Cyprus to Court for failing to transpose EU rules

Brussels, 22 March 2012 – The European Commission is referring Cyprus to the Court of Justice of the European Union for failing to take measures to ensure that serious breaches of EU environmental law are considered criminal offences and punished. The deadline for transposing Directive 2008/99/EC on the protection of the environment through criminal law was 26 December 2010. However, Cyprus has still not adopted the measures necessary to implement the Directive in national law. In accordance with the Lisbon Treaty, the Commission will ask the Court to impose on Cyprus a daily penalty payment of € 5909.40 until the adoption of all the necessary national measures for a complete transposition.

Today, the Commission also sent a reasoned opinion – the second stage in the infringement procedure – to Belgium urging it to complete the transposition process for the same Directive within two months. If the Belgian authorities fail do so within this time period, the Commission may refer the matter to the Court of Justice.

The Commission welcomes that Greece and Finland have communicated complete transposition measures adopted in their national laws. As a result, the Commission is now closing the infringement cases against these countries.

Background

Directive 2008/99/EC on the protection of the environment through criminal law aims at achieving a higher level of environmental protection by ensuring that criminal law measures are available in all Member States to react to serious breaches of EU rules on environmental protection. The Directive includes a list of breaches such as the illegal shipment of waste or the trade in endangered species. These acts have to be considered as criminal offences in all Member States. Corporations are also to be held liable for such offences. The Directive requires Member States to ensure that the criminal offences are punishable with "effective, proportionate and dissuasive criminal penalties".

The practical effect of non-implementation

Failure by Member States to implement the Directive makes it impossible to have common minimum criminal law rules for serious breaches of EU legislation on the protection of the environment. Such EU wide rules are essential to facilitate cooperation between judicial authorities in the Member States and to prevent criminals from exploiting potential loopholes.

For more information

on infringement procedures: MEMO/12/200

on the case: IP/11/739

Justice Directorate General Newsroom:

http://ec.europa.eu/justice/news/intro/news_intro_en.htm

Homepage of Vice-President Viviane Reding, EU Justice Commissioner:

http://ec.europa.eu/commission_2010-2014/reding/index_en.htm

European Commission - Press release

Transport: Commission sends reasoned opinion to four Member States concerning their flag State obligations

Brussels, 22 March 2012 – The European Commission today sent reasoned opinions to Austria, Cyprus, Hungary and Luxembourg for their failure to communicate what measures they were taking to transpose Directive 2009/21/EC on compliance with flag State requirements. This is the normal procedure in the event of a persistent failure to communicate such measures despite having received formal notice. Sending a reasoned opinion is the last step in the procedure before possibly taking a matter to the Court of Justice.

The EU rules

The purpose of Directive 2009/21/EC is to ensure that Member States effectively and consistently discharge their obligations as flag States, particularly by applying the relevant international conventions. It requires Member States to bring into force the necessary legislative, regulatory and administrative implementing provisions before 17 June 2011. The obligations under the Directive apply without distinction to all Member States which possess or are likely to possess a fleet flying their flag. This Directive is part of the third maritime safety package, adopted by the European Parliament and the Council in 2009.

The practical consequences of non-transposition

Directive 2009/21/EC aims to enhance safety and prevent pollution from ships flying Member State flags by requiring national maritime administrations to take certain appropriate measures (especially when transferring a ship to a national register or after a ship has been detained). Member States which fail to take the necessary measures compromise the quality investigation of their fleet.

Next steps

The Commission's request takes the form of a reasoned opinion under EU infringement procedures. If Austria, Cyprus, Hungary or Luxembourg fails to inform the Commission within two months of the measures taken to ensure full compliance with EU law, the Commission could refer the case to the EU Court of Justice.

For more information on infringement procedures, see: MEMO/12/200