Annexes to COM(2024)358 - RAPPORT DE LA COMMISSION Contrôle de l’application du droit de l’Union européenne Rapport annuel 2023 - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2024)358 - RAPPORT DE LA COMMISSION Contrôle de l’application du droit de l’Union européenne Rapport annuel 2023. |
|---|---|
| document | COM(2024)358 |
| date | July 25, 2024 |
Secure and simple customs
The Union Customs Code sets the legal framework for customs rules and procedures in the EU customs territory, adapted to modern trade models and communication tools.
The Commission’s enforcement strategy in the area of customs focused on the correct and uniform application of the Code. It did so by examining the problem of undervaluation of goods, assessing IT systems in the customs area in Member States, detecting charges with equivalent effect to customs duties in the EU, and finding irregularities in the application of the Cash Controls Regulation.
In 2023, in the area of postal fees for customs representation, the Commission focused a cross-cutting enquiry covering all Member States on the application of provisions on low-value postal consignments.
Creating a green, sustainable and prosperous Europe
This is the strength of Europe's response to climate change. The European Green Deal provides the necessary frame, incentives, and investment – but it is the people, the inventors, the engineers who develop the solutions.
President von der Leyen, in her 2023 State of the Union address
The European Green Deal is the EU’s roadmap for tackling the threefold threat of the climate, environmental and biodiversity crises. The EU aims to provide clean, affordable and secure energy, to achieve its climate goals and boost economic development. In 2023, the Commission’s enforcement measures promoted clean air, water and transport, and a circular economy. The Commission helped Member States and farmers under the common agricultural policy. It achieved progress on the EU’s energy union and continued work to keep nuclear energy safe.
Climate action
The Governance Regulation sets out common rules for planning, reporting and monitoring to help the EU reach its 2030 climate and energy targets. It also ensures appropriate, timely and coherent reporting by the EU under the United Nations Framework Convention on Climate Change and the Paris Agreement.
The Regulation requires Member States to submit long-term strategies with a perspective of at least 30 years, to support implementation of the EU climate targets. In 2023, the Commission took the next step in the infringement proceedings against Poland and Romania for failing to notify such strategies to the Commission.
Member States also have to prepare and update 10-year national energy and climate plans, outlining their roadmap to achieve the objectives of the energy union, including decarbonisation. The Commission initiated pre-infringement dialogues with 11 Member States who did not submit the updated draft plans for 2021-2030 in time. Overall, the dialogues were successful and the majority of the Member States concerned submitted their updated plans. Three of the dialogues resulted in infringement proceedings, namely against Bulgaria, Austria and Poland.
Clean transport
Sustainable urban transport and clean and energy-efficient vehicles improve people’s quality of life and strengthen the EU’s economy. The objective is to improve transport while at the same time reducing congestion, accidents and pollution in European cities.
In 2023, the Commission referred Bulgaria to the Court of Justice for failing to transpose EU rules setting minimum national targets for the public procurement of clean vehicles. These targets are particularly relevant to urban buses, where public procurement represents around 70% of the market. The Commission closed infringement cases against Czechia, Estonia, Hungary, Slovenia, Finland and Sweden, which had completed the transposition of these rules.
Clean air and water
EU clean air policy aims to improve air quality and tackle air pollution, to protect the environment and human health. Air pollution is the number one environmental health problem in the EU. It causes serious illnesses such as asthma, cardiovascular problems and lung cancer, and vulnerable groups are affected the most.
The Commission called on 12 Member States to ensure correct implementation of their reduction commitments for several atmospheric pollutants in line with EU rules. The Commission also enforced EU legislation on the monitoring of air pollution.
To protect people from environmental noise, the Commission called on France and Greece to adopt noise action plans and/or maps. It took the next step in the procedures against Latvia and Austria for failing to fully transpose EU rules in this area.
Under EU water policy, the Commission decided to refer Belgium to the Court of Justice over its failure to take sufficient action on nitrate pollution in Wallonia. The Commission was able to close the case before the end of 2023 as Belgium had achieved compliance with EU rules. The Commission also decided to refer Greece to the Court for its failure to provide updated flood risk and flood hazard maps. The Commission took further steps against eight Member States that had not completed the review of their water management plans and/or flood risk management plans. Finally, the Commission referred Spain to the Court over shortcomings in the treatment of waste water.
EU water policy protects water resources, fresh and salt water ecosystems, and ensures our drinking and bathing water are clean. The Water Framework Directive provides the main framework and the objectives for water policy in the EU.
Protecting biodiversity
The Commission decided to refer Bulgaria, Ireland, Greece, Italy, Latvia and Portugal to the Court of Justice for failing to prevent invasive alien species from damaging European nature. It also referred Ireland to the Court for failing to adopt and notify penalties required under EU rules on invasive alien species. Cases against Ireland, Greece, Italy, Latvia and Portugal were closed in 2023 as these countries had achieved compliance with EU law. The Commission took the next step in a procedure against Estonia for failure to correctly apply the Habitats Directive, in particular regarding logging activities in Natura 2000 sites.
The Commission decided to refer Portugal to the Court for its failure to correctly transpose the Environmental Impact Assessment Directive. The case was closed later in 2023 as Portugal had made the necessary legal changes.
As part of the European Green Deal, the biodiversity strategy for 2030 is the EU’s plan to put biodiversity on the path to recovery by 2030. It contains specific commitments and measures to protect nature and reverse the degradation of ecosystems, building on existing nature laws.
Promoting a circular economy
The Commission referred Greece, Croatia, Slovakia and Slovenia to the Court of Justice for failing to rehabilitate and close landfills. It also called on Slovakia to comply with the Waste Framework Directive as regards 67 abandoned waste sites. The Commission launched infringement procedures against six Member States for incorrectly transposing these rules into national law.
The Commission closed a case against Slovenia concerning 20 illegal landfills as they had been gradually closed and rehabilitated. The Commission also adopted a reasoned opinion under Article 259 TFEU following a complaint brought by Poland against Germany concerning illegal shipments of waste from Germany to Poland.
The EU aims to transition to a circular economy to become cleaner and more competitive. The transition to a circular economy will reduce pressure on natural resources and create sustainable growth and jobs. It is necessary to achieve the EU’s 2050 climate neutrality target and to halt biodiversity loss. The Circular Economy Action Plan is a core building block of the European Green Deal.
A sustainable agriculture that ensures security of food supply
The EU’s common agricultural policy aims to ensure food supply in the EU, stabilise agricultural markets and guarantee a fair income for farmers. It also helps address climate change and loss of biodiversity.
Since 2023, all Member States have in place national strategic plans on how to use EU financial support to achieve the objectives of the common agricultural policy. The Commission supports Member States in correctly applying their plans. Other areas of close cooperation to implement EU rules are organic farming and protecting geographical indications.
The Commission’s enforcement measures meant that all Member States transposed the Directive on unfair trading practices in business-to-business relationships in the agricultural and food supply chain. The Commission held dialogues with 22 Member States to ensure that transposition is not only complete, but also correct.
Sustainable fisheries and maritime spatial planning
The EU’s common fisheries policy aims to ensure long-term sustainability for fisheries and aquaculture, contributing to the availability of food supplies. It also has the objective of maintaining a fair standard of living for those who depend on fishing. The policy focuses on maintaining fish stocks through measures like restricting fleet capacity and setting catch limits. Member States must set up control and enforcement systems to ensure these measures are fully implemented.
The Commission took the next step in a procedure against Croatia over shortcomings in the national control system for bluefin tuna farms. It closed a case against Denmark, which had achieved compliance with EU weighing and catch reporting obligations.
Maritime spatial plans promote sustainable growth of maritime economies and a healthy use of marine resources. The Commission called on Greece, Croatia, Italy, Cyprus, Portugal and Romania to draw up and send their plans to the Commission. The Commission was able to close procedures against Bulgaria and Spain as they had complied with this obligation.
Environmental governance
Engaging people in environmental issues is key to improving environmental compliance and achieving a healthier environment. The Commission called on Austria to improve its legislation on public participation in decision-making and access to justice in environmental matters, in line with the Aarhus Convention. It was able to close a case against France as it had achieved compliance with EU rules, improving people’s access to environmental information. The Commission took the next step in a procedure against Bulgaria for failing to remove barriers to access to justice in relation to air quality plans.
Clean and affordable energy
The Commission launched infringement procedures against Croatia for restricting the export of gas, and against Romania for restricting the export of electricity.
The integrated EU energy market is the most cost-effective tool to ensure a secure and affordable energy supply for people and businesses. Common rules and cross-border infrastructure make it possible for energy produced in one EU country to be delivered to consumers in another. Competition and a larger choice of energy suppliers for consumers keep prices in check. An integrated market also helps improve sustainability.
To achieve complete transposition of EU rules into national laws, the Commission took the next step in its infringement proceedings against:
- France, Malta, the Netherlands, Poland and Portugal on the amending Energy Performance of Buildings Directive;
- Hungary on the amending Energy Efficiency Directive;
- against 10 Member States on the Renewable Energy Directive (REDII); and
- against 13 Member States on the Electricity Directive.
At the same time, the Commission was able to close 23 infringement cases as Member States had completed the transposition of these Directives.
The Commission monitored the implementation of the Clean Energy for All Europeans package. Implementing the package’s legislation is a stepping stone to applying the ‘Fit for 55’ package and the REPowerEU plan.
Keeping nuclear power safe
The Commission launched infringement procedures against eight Member States for failing to correctly transpose radiation protection legislation. Cases against Bulgaria, Ireland, France, Lithuania and Luxembourg could be closed in 2023, as these countries had adjusted national rules and provided additional clarifications.
The Commission also closed cases against Denmark, Croatia, the Netherlands and Poland on the transposition of the Radioactive Waste Directive after they had improved national legislation. The Directive’s correct transposition helps ensure the safe and responsible management of spent fuel and radioactive waste, protecting people and the environment against the risks of nuclear contamination.
N uclear energy can play a positive role in meeting climate targets and ensuring energy security, but the highest levels of nuclear safety and radiation protection must be met. The Commission continued to support the effective implementation of the Euratom legal framework on nuclear safety, protecting workers, patients and the public from ionising radiation and making sure that radioactive waste is handled safely.
A Europe fit for the digital age
When it comes to making business and life easier, we have seen how important digital technology is. It is telling that we have far overshot the 20% investment target in digital projects of NextGenerationEU. Member States have used that investment to digitise their healthcare, justice system or transport network.
President von der Leyen, in her 2023 State of the Union address
The EU supports a human-centric, sustainable vision for the digital society that empowers people and businesses. Digital society and digital technologies bring with them new freedoms and rights, along with new opportunities to learn, entertain and work. In 2023, the Commission enforced EU rules to promote technology while ensuring an open, fair and sustainable digital environment.
Technology that works for people
The European Electronic Communications Code modernises EU telecoms rules to the benefit of both consumers and industry. In 2023, the Commission was able to close cases against Estonia, Spain, France, Croatia, Luxembourg, Austria, Romania and Slovakia. The Code is fully transposed into national law in 24 Member States. Clearer consumer contracts, better quality of services and strong competitive dynamics in the markets will boost investments in connectivity while protecting European users.
A fair and competitive digital economy
The Platform to Business Regulation is the first-ever set of rules for creating a fair, transparent and predictable business environment for smaller businesses and traders on online platforms. The Commission opened infringement proceedings against eight Member States for failing to fulfil their obligations under this Regulation. Out of these eight cases, the Commission successfully closed cases against Czechia and Portugal, and took the next step in the procedures against Hungary and Lithuania.
The Directive on copyright in the digital single market and the Directive on online television and radio programmes modernise EU copyright rules and enable consumers and creators to make the most of the digital world. The Commission referred Bulgaria, Denmark, Finland, Latvia, Poland and Portugal to the Court of Justice, as they were still lagging behind in transposing at least one of the two Directives. This enforcement action meant that by the end of 2023, only Poland was yet to complete the transposition of both Directives.
An open, democratic and sustainable digital society
The revised Audiovisual Media Services Directive promotes fair conditions for all players in the audiovisual sector. This includes traditional television broadcasters and on-demand service providers. Some rules also extend to video-sharing platforms. The Directive aims to achieve a safer, fairer and more diverse audiovisual landscape.
The Commission was able to close infringement procedures against Czechia, Estonia, France, Croatia, Slovenia and Slovakia as these countries had completed the transposition of the Directive.
The Digital Services Act lays down common rules that apply across the single market, including due diligence obligations on illegal and harmful online activities and disinformation. It sets an unprecedented standard for the accountability of major online intermediaries, including online platforms. The Commission supported Member States in preparing for the application of the new law. It also adopted a list of 17 very large online platforms and two very large search engines. These providers had to comply with the Digital Services Act earlier than others, already in August 2023, for the benefit of all users in the EU.
Promoting the data economy
The Open Data Directive aims to make more of the data produced and funded by the public sector available for reuse by anyone for any new purpose. It stimulates the development of data-intensive innovations such as weather or transport apps, which often use dynamic data. It increases transparency by opening access to publicly funded research data, and supports new technologies, including artificial intelligence.
The Commission took the next step in the infringement procedures against four Member States (Belgium, Bulgaria, Latvia and the Netherlands) and referred them to the Court of Justice for failing to transpose the Directive into national law. At the same time, the Commission was able to close infringement proceedings against other Member States as they had notified complete transposition to the Commission.
Facilitating cross-border operations by companies
EU company law provides a predictable legal framework to help EU companies operate across borders and face new challenges in an increasingly digital world. The adoption of the Digitalisation Directive was an important step towards digitalising company law. It also reduces costs for companies by enabling entrepreneurs to set up new businesses and to update their information in business registers fully online. The Cross-Border Mobility Directive sets out clear procedures for merging, dividing or moving across borders to support companies when they expand or restructure in the single market.
Overall, 23 Member States had transposed the Digitalisation Directive by the end of 2023. The Commission took the next steps in the procedures against Bulgaria and Cyprus for failing to transpose the Directive. The Commission also opened infringement procedures against 11 Member States for not having transposed some of the Directive’s rules, which had a longer implementation deadline. As 20 Member States did not transpose the Cross-Border Mobility Directive in time, the Commission opened infringement procedures. By the end of 2023, a total of 19 Member States had transposed these rules.
Digital transport systems
In the road transport sector, the European Electronic Tolling System Directive ensures that tolling services are interoperable across roads in the EU. It makes it possible for road users to easily pay tolls throughout the whole EU with only one subscription contract with one service provider and a single on-board unit. The Commission decided to refer Bulgaria and Poland to the Court of Justice for failing to fully transpose the Directive into their national law. It continued infringement procedures against Denmark, Greece, Finland and Sweden for the same matter.
I n the aviation sector, the Commission opened an infringement procedure against Slovakia for failing to comply with EU rules on the operation of unmanned aircrafts. It also opened infringement procedures against 17 Member States for failing to ensure compliance with the Common Project One Regulation. This Regulation ensures a synchronised implementation of procedures and technical solutions essential for good air traffic management performance across the entire Single European Sky network.
Building a fair and social Europe
The future of our continent depends on the choices we make today. On the steps we take to complete our Union. The people of Europe want a Union that stands up for them in a time of great power competition. But also one that protects and stands close to them, as a partner and ally in their daily battles.
President von der Leyen, in her 2023 State of the Union address
The EU strives for an economic recovery and green and digital transitions that are socially just and fair. EU rules aim to ensure that everyone has equal chances in life and can benefit from the same social rights. This is why the Commission, in 2023, took enforcement measures to protect workers’ rights and to promote fair working conditions. It tackled discrimination that undermines the free movement of workers and achieved wider implementation of EU rules to reconcile work and family life.
Labour law
EU labour law protects employees in their relationship with their employers. These rules ensure sustainable working time and rest periods, equitable treatment of precarious workers, and appropriate consideration for employees in an event of insolvency.
The Commission published a report on Member States’ implementation of the Working Time Directive. The findings show a generally positive picture of national implementation. The Commission’s Interpretative Communication summarises the case law of the Court of Justice on the Directive, to bring legal clarity and certainty to stakeholders.
To enforce the EU’s rules on fixed-term work, the Commission took further action against Italy, including on the working conditions of honorary magistrates. The aim was to prevent abusive use of fixed-term contracts and avoid discriminatory employment conditions in the public sector. The Commission also addressed potential discrimination of fixed-term workers in Poland in an EU Pilot dialogue. Poland subsequently amended its rules on the termination of employment relationships to ensure that fixed-term workers are not discriminated against.
The new Minimum Wage Directive sets a common framework for appropriate minimum wages in the EU. To promote its correct transposition from the outset, well ahead of the transposition deadline of 15 November 2024, the Commission supported Member States by providing guidance in the report issued by the specialist expert group.
Enforcing rules on fair working conditions and equitable employment is central to improving people’s welfare and to the functioning of the single market. A key principle is ensuring a level playing field between Member States’ labour markets.
Health and safety at work
The EU has developed an extensive body of rules on health and safety at work to ensure a high level of protection for workers. Healthy and safe working conditions lead to a healthy and productive workforce, which also feeds into the sustainable growth of the EU economy.
T he Commission continued its EU Pilot dialogue with five Member States to bring national measures in line with the Fourth List of Indicative Occupational Exposure Limit Values under the Chemical Agents Directive. As a result, Hungary and the Netherlands achieved compliance with the Directive, while Czechia and Poland committed to shortly bringing their national laws in line with EU rules. However, the Commission opened an infringement procedure against Germany.
The Commission also continued its EU Pilot dialogue with 13 Member States on the transposition of the first amendment updating the Carcinogens, Mutagens or Reprotoxic Substances Directive. Following this dialogue, six Member States achieved compliance with the Directive and three committed themselves to bringing their national laws in line with EU rules. The dialogue with the remaining four Member States continues. The Commission also initiated an EU Pilot dialogue with 14 Member States to ensure conformity with the updated Biological Agents Directive.
The Commission closed three infringement procedures as Germany, Cyprus and Austria had transposed EU rules into national law. The acts concerned were respectively the Construction Sites Directive, the Medical Treatment on Board Vessels Directive and the Personal Protective Equipment Directive. In consequence, workers enjoy safer working conditions.
Labour mobility
Free movement of workers is one of the EU’s fundamental freedoms. It includes the right to work and reside for this purpose in another Member State, to look for a job in another Member State, and to stay there even after the employment has finished. EU workers enjoy equal treatment with nationals in access to employment, working conditions and all other social and tax advantages.
The Commission referred Italy to the Court of Justice over its refusal to end the discrimination of foreign language lecturers at public universities, in proceedings based on a petition to the European Parliament.
The Posting of Workers Directives regulate the situation where an employee is sent by their employer to carry out a service in another EU Member State on a temporary basis. This can happen under a contract of services or as part of an intra-group posting or a hiring-out through a temporary agency.
In 2023, the Commission took the next step in infringement procedures against 17 Member States for failure to bring their national provisions in line with EU rules on the posting of workers. As a result, nine Member States indicated their readiness to address the grievances raised by the Commission.
Social security coordination
EU law coordinates the social security systems of Member States. It protects the social security rights of people who move within the EU. It constitutes therefore an important element to guarantee that the free movement of people is exercised effectively.
Following complaints from EU citizens, the Commission opened infringement procedures against Greece and Italy over limitations of access of EU workers to the allowances for dependent children. Access to it is conditional upon a 2-year (Italy) or 5-year (Greece) period of residence. Moreover, in Italy, the child must be living with the beneficiary. These conditions violate EU rules on free movement of workers and social security coordination.
The Commission took the next step in the procedure against Germany (Bavaria) for making indexation of family benefits dependent on the country of residence of the beneficiary’s child. This action aims to protect the free movement of workers and address unjustified indirect discrimination based on the nationality of migrant workers.
Thanks to these enforcement measures in the field of labour mobility and social security coordination, workers across the EU have access to 27 labour markets and benefit from the same social security as other taxpayers in their host Member State.
Gender equality
The Work-Life Balance Directive aims to ensure equality in labour market participation. It facilitates the reconciliation of work and family life for workers with care responsibilities and encourages equal sharing of care responsibilities between parents.
In April 2023, the Commission took further steps in infringement cases against 11 Member States for failing to fully transpose the Directive. Most of these Member States adopted the necessary legislation later in 2023. Furthermore, the Commission decided to refer Belgium, Ireland and Spain to the Court of Justice for continuing to fail to fully transpose the Directive.
N on-discrimination in employment and inclusion
Embracing equality as a foundational principle of the EU, the Commission champions non‑discrimination in employment and beyond.
The European Accessibility Act sets requirements to ensure the accessibility of products and services for persons with disabilities and older people. An environment where products and services are more accessible allows for a more inclusive society and facilitates independent living for persons with disabilities.
To ensure a complete transposition of the European Accessibility Act, the Commission launched infringement procedures against Denmark, Estonia and Italy, and took the next step in the procedures against Bulgaria, Cyprus, Ireland, the Netherlands and Poland. The Commission also launched AccessibleEU, a support centre to help Member States in the implementation of EU accessibility legislation.
Protecting people and our freedoms
Democracy is about our individual right to be heard. But democracy is also our collective responsibility. Every new generation is responsible to keep our democracy healthy. To make it more representative and inclusive. To protect it from internal and external threats. And to guarantee checks and balances on power.
President von der Leyen, at the high-level event on elections on 23 October 2023
Protecting and promoting the EU’s values is a top priority of the European Commission. Enforcing EU law is instrumental to guarantee people’s rights, helping to ensure that fundamental rights and freedoms are uniformly respected across Member States. In 2023, the Commission continued its actions to defend and uphold the rule of law as well as the protection of fundamental rights, also taking specific action in areas such as compliance with the EU’s non-discrimination legislation and enforcing EU rules to combat child sexual abuse and protect children from abduction. It safeguarded the rights of consumers and of cross-border patients, ensured safer transport, and strengthened the European Security Union.
Upholding the rule of law
The Commission uses several tools to protect and promote the rule of law in the EU. Member States generally ensure high rule of law standards. However, there are also important challenges in some Member States, which the Commission addresses by drawing on a varied rule of law toolbox.
The annual Rule of Law Report presents both positive and negative developments across Member States in areas that are key to upholding the rule of law, and makes country-specific recommendations. The report is the cornerstone of the rule of law mechanism, a yearly cycle to promote the rule of law and prevent problems from emerging or worsening.
The Conditionality Regulation protects the EU budget from being affected by breaches of principles of the rule of law. The Commission applies this Regulation strictly: on 13 December 2023, one year after the Council adopted measures to protect the EU budget from breaches of the principles of the rule of law in Hungary, the Commission re-evaluated Hungary’s situation. It concluded that Hungary had not addressed the issues that led to the adoption of the measures to protect the EU budget, and that therefore those could not be lifted.
Rule of law considerations are also integrated into the work of the Recovery and Resilience Facility, where Member States implement relevant reforms under their Recovery and Resilience Plans.
In February 2023, the Commission decided to refer Poland to the Court of Justice for violations of EU law by the Polish Constitutional Tribunal. The Commission had concluded that rulings of the Tribunal adversely affect fundamental principles of the EU legal order, including the primacy of EU law. In another infringement case against Poland, the Court of Justice in its ruling confirmed the Commission’s position on national legislation undermining the independence of Polish judges. Poland has announced its intention to take the steps required to comply with the judgment.
In June 2023, the Commission launched an infringement procedure against Poland concerning a law setting up a special committee to investigate Russian influence on the internal security of Poland between 2007 and 2022. The Commission considered that the law violated a number of EU Treaty provisions and principles, and rights under the EU Charter of Fundamental Rights. Following the Commission’s enforcement action, the special committee did not start working and following 2023 Polish general elections, its members were dismissed by the Sejm (though the law establishing the committee is yet to be repealed).
Finally, rule of law concerns can be reflected specifically in breaches of EU law, which the Commission has addressed through infringement procedures.
Combating racism, xenophobia and discrimination
H ate speech and hate crimes pose a serious threat not only to direct victims, but also to society as a whole. They undermine social cohesion by spreading fear, dividing communities, and fostering an atmosphere conducive to discrimination and violence.
The Commission continued to fight these crimes by enforcing the EU Framework Decision on combating racism and xenophobia by means of criminal law. This law requires the criminalisation of public incitement to violence or hatred based on race, colour, religion, descent, national or ethnic origin. Following the Commission’s enforcement action, Belgium, Germany, Greece, Luxembourg and Romania rectified their legislation.
The Equality Directives prohibit discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation in various fields.
The Commission referred Slovakia to the Court of Justice for failing to effectively tackle the issue of segregation of Roma pupils in education. Discrimination on grounds of ethnic origin in education is a serious issue with lifelong consequences and is prohibited under the Racial Equality Directive.
Protecting people who report breaches of EU law
The protection of whistleblowers promotes the fundamental values of the rule of law and democracy as well as the right to freedom of expression. This is because whistleblowers expose wrongdoing, preventing harm to the public interest, and promoting transparency and accountability. The Whistleblower Protection Directive protects whistleblowers from retaliation for reporting breaches of EU law. It requires Member States to establish effective channels for reporting such breaches confidentially.
The Commission referred Czechia, Germany, Estonia, Luxembourg, Hungary and Poland to the Court of Justice as they had not transposed these rules into national law. Infringement procedures at the pre-litigation stage were also ongoing against six other Member States at the end of 2023. At the same time, the Commission closed cases against nine Member States as they had fully turned the Directive into national law.
Protecting children
To continue protecting minors, the Commission followed up on infringement procedures against 16 Member States for incorrect transposition of the Directive combating child sexual abuse. The Commission was able to close the cases against Germany and Sweden.
The Commission opened infringement proceedings against Poland for failure to fulfil obligations under the Brussels IIa Regulation. The Commission considers that Polish authorities fail to recognise and speedily and effectively enforce judgments ordering the return of abducted children to other Member States.
Children must also be protected from parental child abduction and returned to their place of habitual residence as soon as possible. The Brussels IIa Regulation protects children in cross-border disputes relating to parental responsibility and child abduction.
Justice cooperation and individual guarantees in criminal law
The European arrest warrant is the cornerstone of Member States’ cooperation in criminal justice. To enforce it, the Commission took steps in infringement procedures against 10 Member States. As Italy, Cyprus, Malta and Romania had amended their legislation, procedures against them were able to be closed. Another infringement case, against Ireland, was brought to an end as the country had completed the transposition of EU rules on mutual recognition of judgments in criminal matters.
The Commission also progressed in monitoring the transposition of the EU Procedural Rights Directives. It launched infringement proceedings against 13 Member States for incomplete transposition of the Directive on procedural safeguards for children. It pursued infringement cases against 14 Member States for partial or incorrect transposition of the Directive on the right to have a lawyer. Next steps were also taken against Bulgaria and Latvia for incorrect transposition of the right to information in criminal proceedings.
The Commission enforced the correct transposition of the right to interpretation and translation for suspects and accused persons. It launched infringement procedures against Bulgaria and took further steps in existing cases against Belgium, Portugal, Sweden and Latvia. The Commission also opened cases against Belgium, Bulgaria, Croatia, Latvia and Hungary for incorrect transposition of the EU rules on strengthening the presumption of innocence.
The Commission closed a total of 13 cases as Member States had achieved compliance with procedural safeguards for suspects and accused persons under the above Directives.
Protecting consumers
EU rules provide a high level of protection for consumers when purchasing goods, digital content and digital services in the single market.
The Better Enforcement and Modernisation Directive strengthened the existing consumer protection rules. Increased transparency in price reduction announcements, stronger penalties and remedies for victims of unfair commercial practices are some of the Directive’s achievements. Thanks to the Commission’s enforcement action, all Member States have completed the process of turning these rules into national law. This is also the case of the Digital Content Directive and the Sale of Goods Directive. The Commission also closed all remaining infringement procedures for incomplete transposition of the Digital Content Directive and the Sale of Goods Directive, with the exception of one Member State.
The Court of Justice in a ruling confirmed Slovakia’s failure to comply with the Package Travel Directive at the time of the COVID-19 pandemic. The ruling confirmed that suspending the right of travellers to a refund within 14 days following the cancellation of a package holiday due to COVID-19 was in breach of the Directive.
The Representative Action Directive creates a new framework for protecting consumers in mass harm situations. Qualified entities, such as consumer organisations or public bodies, can initiate legal action to stop infringements and seek appropriate remedies for consumers. The Commission launched infringement procedures against 24 Member States for not transposing the Directive on time and has already taken a next step in eight of these cases.
Protecting personal data
Data protection is an essential safeguard enshrined in the EU Charter of Fundamental Rights. In 2023, the Commission continued monitoring the implementation of EU data protection rules in Member States. It assessed the compliance of national legislation with the General Data Protection Regulation and the Data Protection Law Enforcement Directive, pursuing infringement procedures where necessary.
The Commission opened infringement proceedings against Belgium for lack of judicial remedy against a parliamentary decision to dismiss members of the Belgian data protection authority. This decision constituted a violation of the General Data Protection Regulation and the right to an effective remedy and to a fair trial enshrined in the EU Charter of Fundamental Rights. In another case, the Commission closed the infringement procedure after Belgium had addressed the lack of independence of members of its data protection authority.
Safer transport
Road transport is the most widely used means of travel. To limit risks of road accidents, the Commission has promoted and enforced EU rules and technical standards to decrease the number of fatalities caused by such accidents. In 2023, the Commission opened infringement procedures against Czechia and Austria for failing to fully transpose the revised EU rules on road infrastructure safety management. It also launched infringement procedures against Denmark, Greece, Lithuania and Austria and continued infringement procedures against Bulgaria and Finland for incorrect transposition of the EU rules on periodic roadworthiness tests. The Commission took the next step in an infringement procedure against Czechia for incorrectly transposing EU rules on minimum standards of fitness for driving in relation to cardiovascular conditions.
In the rail sector, the Commission opened an infringement procedure against Hungary and continued infringement cases against Poland and Portugal for failing to correctly implement certain rail safety rules. The Commission also continued infringement procedures against Germany and Poland for incorrectly implementing certain rail interoperability rules. These are part of the Fourth Railway Package, seeking to complete the single market for rail services, revitalise the rail sector and make it more competitive with other modes of transport.
In the field of aviation safety, the Commission opened an infringement procedure against Estonia for failing to comply with EU rules on aviation safety management. It also launched an infringement case against Greece for failing to comply with EU rules on verifying the conformity of air transport operators and carrying out oversight activities in civil aviation safety. The Commission also opened infringement procedures against Denmark and Cyprus for implementing EU aviation safety rules incorrectly.
In the maritime sector, the Commission launched an infringement procedure against Sweden for failing to fulfil its obligations under EU maritime security legislation. These rules set out security requirements for ships and ports and provide for maritime security inspections. These measures make an important contribution to port security, both to combat crime and to help resilience of the EU’s critical infrastructure.
Promoting health and food safety
EU rules on health and food safety aim to secure a high level of protection of human, animal and plant health, safeguarding the interests of consumers. The Commission takes a ‘One Health’ approach to preparedness and prevention, covering human, animal and environmental health, as well as food and feed safety. The Commission helps Member States to implement and enforce these EU rules and carries out checks, including audits, to verify compliance.
In 2023, the Commission acted in several areas to ensure Member State compliance with EU law. On access to healthcare in other Member States, Finland amended its legislation to ensure an appropriate level of reimbursement of patients, in line with the Cross-border Healthcare Directive. In the field of human tissues and cells, the Commission received a complaint about shortcomings in Greece in the implementation of EU rules, in particular with regard to the licensing of eye tissue banks. Following a dialogue with the Commission, Greece addressed the issue and applications for the recognition of eye tissue banks can now be effectively handled.
In the area of plant health, the Commission closed a case against Italy on the implementation of measures against the plant pest Xylella fastidiosa. A Commission audit confirmed that Italy had resolved implementation issues on the ground, following a judgment of the Court of Justice.
EU food information rules protect consumers from being misled and ensure fair trading. In one case on the marketing of natural mineral waters, the Commission took the decision to refer Bulgaria to the Court of Justice. One important issue was that Bulgarian legislation allows to market natural mineral water and spring water from one and the same spring under more than one trade description. It also does not require the name of the spring to be indicated on the labels of mineral and spring waters.
Animal health and welfare is receiving increasing public attention in the EU. To enforce EU rules in this field, the Commission and the Member States carried out a joint enforcement action to combat the illegal trade in cats and dogs. The action helped identify recurring trends and operators involved in fraudulent and deceptive practices. It resulted in 47 judicial proceedings in the EU.
Better regulation of professions and free movement of professionals
The Proportionality Test Directive obliges Member States to make sure that any new requirements for professions are necessary. Burdensome national rules make it harder for qualified candidates to access or practise a wide range of professions across the EU, hampering efforts to address the shortages of skilled labour across the EU.
The Commission launched an infringement case against Belgium and Estonia and took the next step in the procedures against 16 Member States for having incorrectly transposed these rules. At the same time, it closed procedures against 12 Member States. In these Member States, the Proportionality Test Directive can achieve its full potential, facilitating access to, and practice of, regulated professions.
To enforce rules on the recognition of professional qualifications, the Commission pursued cases against Belgium, Cyprus and Romania and two cases against Greece. The enforcement action in Greece, for instance, aims to ensure that professionals qualified as career counsellors, school directors and other education managers in other Member States can practise their professions in Greece. The Commission opened cases against Germany, Ireland and Spain for failing to ensure recognition of professional qualifications from across the EU, while it closed procedures against 13 Member States. The case against Ireland was based on a petition to the European Parliament.
Protecting posted drivers
In the road transport sector, EU rules ensure social protection for drivers employed in one Member State who are sent to work temporarily in another Member State. The rules ensure that these posted drivers receive the remuneration of the host Member State for the period during which they are posted. The rules also provide an exhaustive list of administrative requirements for companies posting drivers to another Member State and harmonise inspection measures across the EU.
In 2023, the Commission decided to refer the Netherlands and Portugal to the Court of Justice for failing to transpose these rules into their national law. The Commission opened an infringement procedure against Denmark and France and took further steps in the procedures against eight Member States for the same reason.
Strengthening the European Security Union
The European Security Union aims to ensure that EU security policy adapts to changing threats and builds long-term and sustainable resilience. The Commission kept up its work to enforce the Directive on combating terrorism, which criminalises conduct such as training and travelling for the purpose of terrorism, as well as terrorist financing. It took the next step in the procedures against 10 Member States to ensure that the Directive is correctly transposed. At the same time, the Commission closed cases against 11 Member States once they achieved correct transposition of these rules.
The Regulation on online terrorist content tackles the threat of terrorist content on the web and the misuse of the internet for terrorist purposes. The Commission acted to safeguard the correct implementation of the Regulation, launching infringement procedures against 22 Member States. The enforcement action proved effective, with 10 Member States already complying with their obligations to ensure removal of online terrorist content. The corresponding infringement cases could be closed.
EU rules on firearms set minimum standards for the acquisition, possession and exchange of civilian firearms and protect against criminal acts and illicit trafficking. The Commission decided to refer Luxembourg and Sweden to the Court of Justice for failing to implement this key legislation. The case against Sweden could later be closed, as well as other cases against the latter, Bulgaria, Ireland, Greece and Luxembourg. This means more security for everybody in the EU as these Member States now properly apply the rules to avoid illicit arms trafficking.
The Commission is committed to combating the risks inherent to the digital transformation and the threat to prosperity and security posed by organised crime. It launched infringement cases against Czechia, Hungary, Poland, Slovenia and Finland to enforce the transposition of the Directive on combating money laundering by criminal law. At the same time, progress meant that it was able to close cases against 13 other Member States.
To enforce the Directive on the fight against fraud affecting the EU’s financial interests, the Commission opened infringement proceedings against Bulgaria and Poland and took the next step in the procedure against Finland for incorrectly transposing the Directive.
The Commission took further decisions to enforce the common rules on drugs. It referred Hungary to the Court of Justice for its failure to respect the agreed EU position on the international scheduling of cannabis and related substances in the UN Commission on Narcotic Drugs.
Managing external borders
The Schengen area is one of the EU’s greatest achievements, allowing EU citizens, non-EU residents and visitors to freely and safely travel across the EU. The Commission is committed to ensuring compliance with the uniform format for visas and residence permits, aiming to keep travel and residency in the EU secure, legally consistent, and in line with the principles of free movement and international cooperation.
The Commission launched infringement procedures against Bulgaria, Greece, Cyprus and Lithuania for not implementing a 2D barcode required as part of the uniform format for visas. Following a complaint, the Commission opened an infringement case against Portugal for incorrect implementation of the uniform format for residence permits for non-EU nationals. It also took the next step in a procedure against Bulgaria for failing to implement this new format for residence permits for non-EU nationals.
A united EU response to migration and asylum
The Commission continued to work on rules ensuring fast and fair asylum and return procedures, providing legal pathways to the EU, preventing irregular migration, and preserving the integrity of EU external borders, in full conformity with European values and fundamental rights. These are the aims of the Pact on Migration and Asylum agreed by the European Parliament and the Council. The Commission will help to ensure full implementation, so that rules are applied from the outset.
The Commission opened infringement cases against Belgium, Greece, Spain and Portugal for incorrect transposition of the Reception Conditions Directive. It also enforced the Qualification Directive by tackling its incomplete (Czechia) or incorrect (Greece, Portugal and Finland) transposition. These rules aim to ensure that asylum seekers are treated equally in an open and fair system. Reception conditions should ensure a dignified standard of living, common grounds for granting international protection, and access to rights and integration measures for beneficiaries of international protection.
On EU migration legislation, the Commission launched an infringement procedure against Hungary for breaching the Facilitators Package combatting migrant smuggling. To promote compliance with legal migration rules, the Commission opened infringement cases against 18 Member States for incorrect transposition or implementation of the Seasonal Workers Directive. The Commission also continued to enforce the correct implementation of the Long-Term Residents Directive, following up on a case against Malta that is based on two petitions to the European Parliament. It satisfactorily closed a case against Lithuania on the same rules.
Implementing sanctions against Russia
To strike against Russia’s ability to finance its war of aggression against Ukraine, the EU adopted three additional packages of sanctions in 2023, bringing the total to 12. They cover a wide range of sectors, such as finance, energy, media, transport and trade.
T he Commission monitored and promoted the sanctions’ implementation by Member States. It requested information from Member States and conducted bilateral visits to national sanctions authorities. The Commission also followed up on information received through the EU sanctions whistleblower tool, a secure online platform that enables whistleblowers to report violations anonymously. The Freeze and Seize Task Force convened by the Commission stepped up enforcement of sanctions against Russian and Belarusian individuals and entities, combating sanctions violations. This work has coordinated the freezing of more than EUR 27 billion of private assets and the immobilisation of more than EUR 200 billion of Russian sovereign assets.
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