European Commission acts to ensure transposition of EU directives

The front of the Berlaymont building with a banner of the Commission of Ursula von der Leyen

The European Commission is taking action against Member States that have failed to communicate measures for transposing EU directives into national law. A package of infringement decisions includes letters of formal notice sent to 26 Member States for not notifying full transposition measures for five directives related to justice, financial stability, energy, and the environment, with a two-month deadline to respond or face further action.

The Commission specifically urges Ireland and Austria to fully notify measures transposing the Directive on Restructuring and Insolvency regarding the use of electronic communication in insolvency proceedings. This directive, which came into force in July 2019, mandates that involved parties can conduct various actions electronically during restructuring, insolvency, and debt discharge. The two countries must respond within two months to avoid a reasoned opinion from the Commission.

Additionally, Spain has been formally notified for failing to fully transpose the Work-life Balance Directive, specifically the payment allowance for the final two weeks of parental leave, which is crucial for promoting equality in the labor market. Spain has two months to address this issue or face further consequences.

The Commission has also sent notices to 17 Member States for not fully transposing the Corporate Sustainability Reporting Directive, which requires large and listed companies to disclose their environmental and social risks. This directive aims to ensure a harmonized approach to sustainability reporting by January 2024. These states include Belgium, Czechia, Germany, Estonia, Greece, Spain, Cyprus, Latvia, Luxembourg, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia and Finland.

Furthermore, 26 Member States are facing infringement procedures for not transposing the revised Renewable Energy Directive, which simplifies and accelerates permitting processes for renewable energy projects. The states include Belgium, Bulgaria, Czechia, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland and Sweden. Only Denmark has complied so far.

Lastly, the Commission has sent letters of formal notice to Portugal and Slovakia for failing to transpose the amended RoHS Directive regarding the restriction of hazardous substances in electrical and electronic equipment. They must complete their transposition within two months to facilitate a smooth functioning Single Market.

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