June infringements package: key decisions

15 Jun 2017 01:02 PM

Overview by policy area

In its monthly package of infringement decisions, the European Commission ('Commission') is pursuing legal action against Member States for failing to comply with their obligations under EU law. These decisions, covering various sectors and EU policy areas, aim to ensure the proper application of EU law for the benefit of citizens and businesses.

The key decisions taken by the Commission are presented below and grouped by policy area. The Commission is also closing 101 cases in which the issues with the Member States concerned have been solved without the Commission needing to pursue the procedure further.

For more information on the EU infringement procedure, see the full MEMO/12/12. For more detail on all decisions taken, consult the infringement decisions' register.

Energy

(For more information: Anna-Kaisa Itkonen - tel.: +32 229 56186, Nicole Bockstaller – tel.: +32 229 52589)

A letter of formal notice and a reasoned opinion:

Commission requests the CZECH REPUBLIC and the NETHERLANDS to fully comply with the Energy Performance of Buildings Directive

The Commission has requested the Czech Republicto correctly transpose all the requirements of the Energy Performance of BuildingsDirective (Directive 2010/31/EU) into national law. In the EU, buildings represent 40% of energy consumption and 36% of CO2 emissions. The correct implementation of the Directive is essential for reaching EU energy and climate targets as well as for helping consumers save money on their energy bills and improve their comfort. Under the law, Member States must establish and apply minimum energy performance requirements for new and existing buildings, ensure the certification of buildings' energy performance, and require the regular inspection of heating and air conditioning systems. In addition, Member States have to ensure that all new buildings are 'nearly-zero energy' buildings from 2021 onwards. According to the Commission's assessment, not all the requirements of the Directive have been fulfilled. In particular, the national legislation does not yet ensure the display of energy performance certificates in buildings frequently visited by the public as required. The Czech Republic has two months to comply with their obligations; otherwise, the Commission may decide to refer the case to the Court of Justice of the EU. The Commission has also sent an additional letter of formal notice to the Netherlands formally requesting to ensure the correct implementation and application of theEnergy Performance of Buildings Directive (Directive 2010/31/EU).

A reasoned opinion:

Offshore safety: Commission calls on the NETHERLANDS to fully transpose the EU Directive on safety of offshore oil and gas operations

The Commission has requested the Netherlands to ensure the full transposition of the Offshore Safety Directive (Directive 2013/30/EU). In this Directive, the EU put in place a set of rules to help prevent accidents as well as respond promptly and efficiently should such accidents occur. Member States must ensure that companies - to which they grant a licence for exploration or production - are well financed and have the necessary technical expertise, and that they keep resources at hand in order to put them into operation when necessary. Companies are also fully liable for environmental damages caused to protected species and natural habitats. The Directive had to be transposed into national law by 19 July 2015. Yesterday, the Commission sent an additional reasoned opinion to the Netherlands as gaps remain in the national legislation which transposes the Directive. The Netherlands has two months to comply with its obligations; otherwise, the Commission may decide to refer the case to the Court of Justice of the EU.

A letters of formal notice:

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

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