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Transposition

Reporting period: 12/2017 – 12/2018

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About

This report takes into account all transposition notifications made by 10 December 2018 for directives with a transposition deadline on or before 30 November 2018. As of that date, 1 014 directives (together with 4 527 regulations) were in force to ensure the functioning of the Single Market.

All comparisons are with the figures for 11 December 2017, the previous reporting date.

Single Market directives can only achieve their intended effects if they are completely and correctly transposed into Member States’ national law by the deadline set out in these directives.

Transposition monitoring helps to provide an overview of Member States’ enforcement performance.

On the one hand, it shows:

On the other hand:

In this way transposition monitoring helps to make the Single Market work.

Performance

1. By indicator

[1] Transposition deficit (% of all directives not transposed)
[2] Change over the last 6 months (change in the number of non-transposed directives)
[3] Long-overdue directives (2 years or more)
[4] Total transposition delay (in months) for overdue directives
[5] Conformity deficit (% of all directives transposed incorrectly)

Indicator values
[1] ≤ 1% / > 1% → Target established by the European Council, Brussels 8 – 9 March 2007
[2] decrease no change increase
[3] 0 / > 0 → Target established by the European Council, Barcelona 15 – 16 March 2002
[4] & [5] < average average ±10% > average

2. Overall
(all 5 indicators combined)

Key

A Member State’s performance across all 5 indicators is calculated by scoring each indicator in chart 1 as follows:

  •  Red = -1
  •  Yellow = 0
  •  Green = +1 

The colours on the map represent the sum of these scores:

  •  2 or higher = above average
  •  -1, 0 or 1 = average
  •  -2 or lower = below average
Comments
  • 6 Member States have improved their overall performance since December 2017 (Czechia, Ireland, Croatia, the Netherlands, Poland and the UK) and 7 Member States have worsened it (Denmark, Italy, Cyprus, Luxembourg, Hungary, Austria and Romania). The remaining 15 Member States have equalled their previous performance. These results are not as good as a year ago, when 14 Member States had improved their performance and only 4 had worsened it.

The December 2016 Communication “EU Law: Better Results through Better Application” highlights the importance of timely completion of compliance assessments (the effective assessment of completeness and conformity of national measures implementing EU law). The Communication focuses on the need to strengthen compliance assessments and propose sanctions if Member States do not communicate their transposition measures. The Commission is proposing to align its approach to cases when Member States fail to transpose EU law on time with the one it applies already to other infringement cases entailing financial sanctions. See OJ C 18/10 of 19 January 2017.

The results of the Commission’s careful monitoring in this area are shown in the “Directives under completeness check” section for the completeness checks, and in the “Conformity deficit” section and the “Infringements” chapter for the conformity checks.

Indicator [1]: Transposition deficit

The transposition deficit shows the percentage of Single Market directives not yet completely notified to the Commission in relation to the total number of directives that should have been notified by the deadline. This report takes into account all transposition notifications made by 10 December 2018 for directives with a transposition deadline on or before 30 November 2018.

How is the deficit calculated?

To calculate the transposition deficit of each Member State, the Commission includes:

  • directives for which no transposition measures have been communicated
  • directives considered to be partially transposed by Member State after it notified some transposition measures
  • directives considered to be completely transposed by Member State, but for which the Commission has opened an infringement proceeding for non-communication and the Member State has not notified new transposition measures after the latest procedural step taken by the Commission (see list in Annex 1).

The transposition deficit does not include directives that are considered as completely transposed by a Member State, but for which transposition measures are still under examination by the Commission (i.e. no procedural step has been taken by the Commission since the latest notification) – See below “Directives under completeness check”.

Deficit back on track! The huge deterioration observed over the past 2 years has now been addressed (see also the “Changes in the average transposition deficit” graph under “Achievements” below).

7 Member States still exceed the 1% target (down from 13 a year ago).

Comments

Focus on the slightly overdue directives

After the European Council set a “zero tolerance” target in 2002 for delays of 2 years or more in transposing directives, the Scoreboard is principally used to report on the number of long-overdue directives in each Member State. Nevertheless, looking at successive Scoreboards, it appears that Member States have difficulties in transposing directives within the agreed deadline. The average delay is usually between 6 and 10 months.

In 2016 (between 1 November 2015 and 30 November 2016) Member States had to transpose 66 new Single Market-related directives, which is a significantly increased workload compared with 2015 (47 directives), 2017 (39 directives) and 2018 (38 directives). This situation has caused difficulties and made clear that the number of directives with recent transposition dates can have a negative impact on Member States’ performance overall in transposing directives.

Directives under completeness check

A large number of notifications (361) of national measures transposing EU directives are being examined by the Commission.

Comments

Indicator [2]: Change over the last year

The majority of Member States managed to further decrease their backlog.

Comments

Transposition is an ongoing process and any let-up results in a quick increase in the deficit.

Indicator [3]: Long-overdue directives (2 years or more)

Directives with transposition dates before December 2016
Number Title Not fully transposed by Transposition date
2012/39/EU Technical requirements for the testing of human tissues and cells IT 17/06/2014
2014/51/EUR Amendment of Directives 2003/71/EC and 2009/138/EC and Regulations (EC) No 1060/2009, (EU) No 1094/2010 and (EU) No 1095/2010 in respect of the powers of the European Supervisory Authority (European Insurance and Occupational Pensions Authority) and the European Supervisory Authority (European Securities and Markets Authority) CZ 31/03/2015
2014/61/EUR Measures to reduce the cost of deploying high-speed electronic communications networks BE 01/01/2016
2014/91/EUR Undertakings for collective investment in transferable securities (UCITS) as regards depositary functions, remuneration policies and sanctions ES 18/03/2016
2014/17/EU Credit agreements for consumers relating to residential immovable property ES 21/03/2016
2014/23/EU Award of concession contracts ES, SI 18/04/2016
2014/25/EU Procurement by entities operating in the water, energy, transport and postal services sectors ES 18/04/2016
2014/56/EU Statutory audits of annual accounts and consolidated accounts SI 17/06/2016
2016/882/EU Language requirements AT 01/07/2016
2014/92/EU Comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features ES 18/09/2016
2015/565/EU Technical requirements for the coding of human tissues and cells IE 29/10/2016
2015/566/EU Procedures for verifying the equivalent standards of quality and safety of imported tissues and cells IE 29/10/2016
2014/94/EU Deployment of alternative fuels infrastructure BE, BG 18/11/2016
2015/720/EU Consumption of lightweight plastic carrier bags AT 27/11/2016

More directives are in this category compared to a year ago: 14 long-overdue directives are not fully notified (up from 7). The number of Member States with long-overdue directives has not changed (8).

Comments

Indicator [4]: Total transposition delays

The red part of the chart represents increased transposition delays since December 2017, while the blank parts represent decreased delays (decreased delays do not count for the final result).

The average transposition delay remained stable. Outstanding directives are now late by an average of 8.4 months (down from 8.7 a year ago).

Comments

Indicator [5]: Conformity deficit (incorrectly transposed directives)

The average conformity deficit has increased, back to its 2011 level.

Comments

Belgium

Bulgaria

Czech Republic

Denmark

Germany

Estonia

Ireland

Greece

Spain

France

Croatia

Italy

Cyprus

Latvia

Lithuania

Luxembourg

Hungary

Malta

Netherlands

Austria

Poland

Portugal

Romania

Slowenia

Slovakia

Finland

Sweden

United Kingdom

Iceland, Liechtenstein and Norway

These countries are also subject to Single Market rules under the EEA Agreement. They are monitored by the EFTA Surveillance Authority.

However, there is a time lag between when a legal act is adopted or repealed in the EU and when it is added to or removed from the EEA Agreement. This means that the body of EU law that applies in Iceland, Liechtenstein and Norway may differ from that in force in the EU. On 1 December 2018, 824 directives (together with 3,112 regulations) were in force to ensure the functioning of the Single Market in the EEA. This should be borne in mind when comparing this Scoreboard with the EEA Scoreboard.

Transposition deficit

Average deficit (all 3 countries): 0.4% (down from 1.2% in the last period)

Total late directives: 10 (down from 30 in the last period)

Average delay: 38 months (up from 16.6 months in the last period)

Comments

Achievements

Changes in the average transposition deficit

Possible reasons for improvements in performance
  1. 1. Over the years, the Commission has observed that most Member States have shown a strong political commitment to transposition and to effective administrative procedures and improved co-ordination. Good co-operation between Member States and the Commission helps to decrease the time needed to assess national legislation implementing a directive, which can reduce the number of cases open for late transposition. In particular, the information the Member States provide when notifying national transposition measures must be as clear and specific as possible. For example, they should indicate precisely which laws, regulations and administrative provisions satisfy the various requirements of the directive, and provide explanatory documents when the directive in question envisages this.
  2. Targets set by the European Council: an average transposition deficit of 1.5% or less (March 2001) and 1% or less (March 2007). In November 2014, half of the Member States reached the 0.5% average transposition deficit proposed in the 2011 Single Market Act. This shows that the Commission’s proposal was realistic.
  3. Financial sanctions. Under the Lisbon Treaty, financial sanctions were already possible at the point when a Member State is first referred to the Court of Justice for failing to notify transposition of a directive adopted under a legislative procedure. The Communication EU Law: Better Results through Better Application has set a high priority on handling cases concerning the timely transposition of directives and has reinforced the financial sanctions in cases brought to the Court of Justice under Article 260(3) TFEU. The Commission intends to align its approach in these cases to the one it already takes in other infringement cases, by systematically asking the Court to impose a lump sum penalty as well as a periodic penalty payment.

Changes in transposition deficit by Member State

Belgium

Bulgaria

Czech Republic

Denmark

Germany

Estonia

Ireland

Greece

Spain

France

Croatia

Italy

Cyprus

Latvia

Lithuania

Luxembourg

Hungary

Malta

Netherlands

Austria

Poland

Portugal

Romania

Slowenia

Slovakia

Finland

Sweden

United Kingdom

Facts and Figures

Incompleteness rate

Main problem areas (and corresponding incompleteness rate)
  • Public procurement: 2 directives out of 11 not fully transposed (18%)

Cases by sector and Member States

This table shows, for each Member State, the total number of directives not fully notified, broken down by sector as of 10 December 2018. Sectors where all directives have been fully transposed are included under “Others”. The highlighted figures show the sector(s) with the highest number of overdue directives in each Member State.
(#) Number of directives by sector

Energy incl. energy
consumption (18)
Environment (129)
Financial information
and company law (17)
Financial services (57)
Food legislation (51)
Free movement
of persons (21)
Information society
services (6)
Intellectual property
and copyright (16)
Plant-health
legislation (160)
Public procurement (11)
Social Policy (86)
Taxation (56)
Telecommunication
services (15)
Transport (124)
Others (247)
TOTAL
ES 1 8 1 1 2 2 15
CY 2 1 2 2 3 1 1 1 1 14
BE 3 1 1 1 1 2 3 1 13
AT 3 1 1 1 1 1 1 2 1 12
DE 2 1 2 1 4 1 11
LU 1 1 1 2 2 1 2 1 11
RO 1 1 1 1 1 2 1 1 1 1 11
PL 3 1 1 4 1 10
IE 1 1 3 1 1 2 9
HU 1 1 1 5 1 9
IT 2 1 1 2 2 8
LV 1 2 1 1 2 1 8
UK 2 1 1 1 2 1 8
BG 1 1 1 1 2 1 7
CZ 1 2 1 2 1 7
DK 1 3 3 7
SI 1 1 1 2 1 1 7
LT 1 1 1 2 1 6
EL 1 2 1 1 5
FR 2 2 1 5
FI 1 2 1 1 5
PT 1 1 1 1 4
EE 1 1 1 3
HR 1 1 1 3
MT 1 1 1 3
NL 1 1 1 3
SK 1 1 2
SE 1 1

Directives subject to notification by next Scoreboard

New directives will soon be added to the current transposition deficit – new directives to be transposed and notified by 30 November 2019.