In its November package of infringement decisions, the European Commission has today moved to the second stage of legal procedures – a reasoned opinion – against a number of Member States for not meeting EU rules. On the security of gas supply, the Commission is questioning whether national rules in Poland comply with the relevant Regulation (EU) 2017/1938., notably regarding certain gas storage obligations on undertakings importing gas into Poland. As regards radioactive waste management, the reasoned opinions are addressed to Belgium and Spain for failing to adopt a national programme for radioactive waste management compliant with certain requirements of the Spent Fuel and Radioactive Waste Directive (Council Directive 2011/70/Euratom).
The Commission has also highlighted shortcomings in the full and complete transposition of the Basic Safety Standards Directive (Council Directive 2013/59/Euratom) into national legislation, sending reasoned opinions to Malta, Portugal, Cyprus and Greece (following earlier letters of formal notice) and initiating the first step of infringements proceedings (letters of formal notice) to Belgium, Austria, Spain, Estonia and Hungary.
Finally, the Commission has decided to send a letter of formal notice to Belgium for failing to fully transpose EU rules reinforcing the sustainability of biofuels (Directive (EU) 2015/1513), which are important in helping the EU meet its greenhouse gas emissions reduction targets.
For each of these cases, the Member States now have two months to respond to the Commission, otherwise the Commission may decide to move to the next stage of the infringement process. For those cases where a reasoned opinions has been sent, the next stage would be a referral of the Member State to the EU Court of Justice.
For more information on the EU infringement procedure, see the full MEMO/12/12.
27 November 2019