Παραβιάσεις δικαίου της ΕΕ - Μάρτιος 2024

 https://ec.europa.eu/commission/presscorner/detail/en/inf_24_663

1 The Commission calls on CYPRUS to properly assess projects that may have a significant impact on Natura 2000 sites

Today, the European Commission decided to send a reasoned opinion to Cyprus (INFR(2019)2303) for failing to properly assess projects that may have a significant impact on Natura 2000 sites as required by the Habitats Directive (Directive 92/43/EEC). The Directive is one of Europe's primary tools for protecting biodiversity. The Habitats Directive requires that plans and projects that are likely to have a significant impact on a Natura 2000 site undergo an assessment of their effects on the site before their authorisation. Plans and projects can only be authorised, subject to certain exemptions, if they do not harm the integrity of the site. The Commission sent a letter of formal notice to Cyprus in November 2019. Since then, the Commission has continued to receive complaints by citizens concerning the authorisation of new projects and has further monitored the situation. The Commission has found that the structural and persistent practice of authorising economic activities in Natura 2000 sites without complying with the Habitats Directive continues. Therefore, the Commission has decided to send a reasoned opinion to Cyprus, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.

2 The Commission decides to refer CYPRUS to the Court of Justice of the European Union for failure to take the necessary steps to protect and manage its Natura 2000 sites

Today, the European Commission decided to refer Cyprus (INFR(2021)2064) to the Court of Justice of the European Union for failure to comply with the Habitats Directive (Directive 92/43/EEC). Under the Habitats Directive, Cyprus has formally designated 37 sites as Special Areas of Conservation but has yet to establish the necessary conservation measures for 28 of those sites. Moreover, the conservation objectives for 5 sites are not adequate, meaning that the species and habitats in these sites are not properly protected. The Commission sent a letter of formal notice to Cyprus in June 2021, followed by a reasoned opinion in April 2022. Despite some progress on the designation of Special Areas of Conservation, the Cypriot authorities have not fully addressed the grievances. The Commission considers that efforts by the Cypriot authorities have, to date, been insufficient and is therefore referring Cyprus to the Court of Justice of the European Union. More information is in the press release.

3 The Commission calls on BULGARIA, CYPRUS, and SLOVENIA to fulfil the obligations of the Regulation on dissemination of terrorist content online  

Today, the European Commission decided to send reasoned opinions to  Bulgaria (INFR(2022)2113), Cyprus (INFR(2022)2114) and Slovenia (INFR(2022)2132) for failing to comply with certain obligations of the Regulation on the dissemination of terrorist content online (TCO, Regulation (EU) 2021/784).The TCO Regulation, which entered into application on 7 June 2022, requires that terrorist content in the EU is taken down by online platforms within one hour upon receipt of a removal order issued by Member States' authorities. This helps to counter the spread of extremist ideologies online – which is key for preventing attacks and addressing radicalisation – while safeguarding fundamental rights. The Commission launched a set of infringements in January 2023, by sending letters of formal notice to 22 Member States. The Commission considers that Bulgaria, Cyprus, and Slovenia have failed to comply with one or more obligations under the TCO Regulation. Therefore, the Commission has decided to send a reasoned opinion to Bulgaria, Cyprus and Slovenia, which now have two months to respond and take the necessary measures.  Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union.    

4 The Commission calls on SPAIN, ITALY, CYPRUS, LUXEMBOURG and POLAND to fully transpose the EU rules on procedural safeguards for children in criminal proceedings  

The European Commission decided to open infringement procedures by sending letters of formal notice to Spain (INFR(2023)2176), Italy (INFR(2023)2090), Luxembourg (INFR(2024)2002) and Poland (INFR(2023)2127), and to issue an additional reasoned opinion to Cyprus (INFR(2019)0175), for failing to fully transpose into their national law the Directive on procedural safeguards for children who are suspects or accused persons in criminal proceedings (Directive (EU) 2016/800). This Directive is part of the EU's comprehensive strategy to establish common minimum standards to guarantee the right to a fair trial and the rights of suspects or accused persons in criminal proceedings across the EU. It establishes common rules on the protection of procedural safeguards for children such as the right to an individual assessment, to specific treatment in case of deprivation of liberty (such as separation from adult detainees and access to training and education) and to be accompanied by the holder of parental responsibility during the proceedings. The Commission considers that Poland failed to fully transpose the scope of the Directive and certain substantive requirements, for instance, with regards to the right to an individual assessment and the assistance of the child by a lawyer. In the cases of Italy, Luxembourg and Spain, completeness issues were identified, for instance, with regards to the right to information of the child and the right to a medical examination. Cyprus received a first reasoned opinion in May 2020 for failing to communicate to the Commission the measures transposing the Directive. Following Cyprus' reply, the Commission concluded that the notified measures fall short of the requirement of the Directive to ensure specific treatment of children in case of deprivation of liberty. Therefore, the Commission has decided to send letters of formal notice to Spain, Italy, Luxembourg and Poland and an additional reasoned opinion to Cyprus. The Member States now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to send Spain, Italy, Luxembourg, and Poland a reasoned opinion and refer Cyprus to the Court of Justice of the European Union.  

5 The Commission calls on SPAIN, CROATIA, CYPRUS, LUXEMBOURG, POLAND and SLOVENIA to transpose EU rules on use of vehicles hired without drivers for carriage of goods by road 
The European Commission today decided to send a reasoned opinion to Spain (INFR(2023)0213), Croatia (INFR(2023)0221), Cyprus (INFR(2023)0196) Luxembourg (INFR(2023)0229), Poland (INFR(2023)0236) and Slovenia (INFR(2023)0246) for failing to communicate to the Commission any national measures to transpose EU rules on the use of vehicles hired without drivers for the carriage of goods by road (Directive (EU) 2022/738). This Directive aims to help companies to benefit from the advantages of using hired vehicles, for example by allowing the use of vehicles hired in another Member State. Such a possibility can, in particular, make it easier for companies to meet short-term, seasonal or temporary peaks in demand or to replace defective or damaged vehicles, while ensuring compliance with the necessary safety requirements and ensuring adequate working conditions for drivers. Member States needed to adopt the measures by 6 August 2023 to comply with EU legislation. Therefore, the Commission has decided to send a reasoned opinion to these Member States, which now have two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union. 

6 The Commission calls on SPAIN, PORTUGAL, ROMANIA, SLOVENIA, SLOVAKIA, SWEDEN and FINLAND to fully and correctly transpose the provisions of the Seasonal Workers Directive  
The European Commission has opened an infringement procedure by sending a letter to Spain (INFR(2024)2004), Portugal (INFR(2024)2006), Romania (INFR(2024)2007), Slovenia (INFR(2024)2009), Slovakia (INFR(2024)2010), Sweden (INFR(2024)2008) and Finland (INFR(2024)2005) for failing to fully transpose all provisions of the Seasonal Workers Directive (Directive 2014/36/EU). The Directive aims to ensure fair and transparent rules for the admission of non-EU seasonal workers to the EU, with guarantees for decent working and living conditions, equal rights, and sufficient protection from exploitation across the EU. Ensuring the full respect of the Seasonal Workers Directive is an important prerequisite for attracting the workers needed for seasonal work to the EU and it could also contribute to reducing irregular migration. The Commission is monitoring its transposition into national law by Member States.  The Commission launched the first set of infringements in April 2023, by sending letters of formal notice respectively to Belgium, Bulgaria, Germany, Estonia, Greece, Italy, Cyprus, Latvia, Lithuania, and Luxembourg. A second set of infringements was launched in December 2023, by sending letters of formal notice to Czechia, France, Croatia, Hungary, Malta, the Netherlands, Austria, and Poland. The Commission considers that Spain, Portugal, Romania, Slovenia, Slovakia, Finland, and Sweden, have incorrectly transposed and/or implemented some obligations under the Directive. The Commission is therefore sending a letter of formal notice to Spain, Portugal, Romania, Slovenia, Slovakia, Sweden and Finland, which now have two months to respond and address the shortcomings raised by the Commission. . In the absence of a satisfactory response, the European Commission may decide to send them a reasoned opinion.