European Commission opens 5 infringement procedures against Ireland

You can find more details on each case below:

The Commission asks IRELAND to comply with EU rules on construction products

The European Commission decided to open an infringement procedure against Ireland (INFR(2024)4003) for not carrying out market surveillance as required by the Construction Products Regulation (Regulation (EU) 305/2011). The Construction Products Regulation requires authorities to monitor the manufacturing and placing on the market of construction products before they are used. According to the Commission's findings, the Irish authorities limited their monitoring activities to finished buildings or finalised civil engineering projects. The limitation of market surveillance activities to on-site measures endangers the free circulation of safe construction products in the Union. Due to defective construction products, several thousand houses in Ireland suffered very serious damage. The Commission is therefore sending a letter of formal notice to Ireland, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

The Commission calls on IRELAND to comply with the EU Data Governance Act

The European Commission decided to open infringement proceedings by sending a letter of formal notice to Ireland (INFR(2024)2189) because it has not designated the competent authorities to implement the Data Governance Act. The Data Governance Act facilitates data sharing across sectors and EU countries for the benefit of people and companies. It increases trust in data sharing by establishing rules for neutrality of data intermediaries, stimulates voluntary sharing of data and facilitates the reuse of certain data held by the public sector. It has been applicable since 24 September 2023. The competent authorities are in charge for the registration of data altruism organisations (data altruism allows citizens and businesses to give their consent/permission to make available data that they generate for objectives of general interest, for example, medical research projects) and of notification of data intermediation services providers. Ireland has two months to respond and to address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

The Commission calls on 17 Member States to correctly apply the performance and charging scheme for air navigation services

The European Commission decided to open infringement procedures by sending letters of formal notice to Bulgaria (INFR(2024)2075), Czechia (INFR(2024)2026), Denmark (INFR(2024)2086), Estonia (INFR(2024)2087), Ireland (INFR(2024)2090), Spain (INFR(2024)2088), Croatia (INFR(2024)2024), Italy (INFR(2024)2091), Latvia (INFR(2024)2092), Hungary (INFR(2024)2076), Malta (INFR(2024)2093), Austria (INFR(2024)2085), Poland (INFR(2024)2027), Portugal (INFR(2024)2094), Romania (INFR(2024)2095), Slovakia (INFR(2024)2028), and Finland (INFR(2024)2089) for failing to correctly apply certain provisions of the Single European Sky (SES) performance and charging scheme for air navigation services. The Single European Sky Regulations (Regulation (EC) No 549/2004 and Regulation (EC) No 550/2004) require Member States to allocate common costs between route and terminal air navigation services in a proportional way on the basis of a transparent methodology. Member States must also include in their performance plans incentive schemes to support the achievement of performance targets. The issues identified concern the inappropriate level or allocation of costs charged to airlines, as well as the insufficient financial incentives for service providers. The incorrect implementation of EU rules impacts not only the revenue of air navigation service providers but also the level of charges paid by airlines, as customers of those service providers. The Commission is therefore sending a letter of formal notice to those 17 Member States, which 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 issue a reasoned opinion.

The Commission calls on all Member States to meet waste collection and recycling targets

The European Commission decided to open an infringement procedure by sending letters of formal notice to Belgium (INFR(2024)2121), Bulgaria (INFR(2024)2128), Czechia (INFR(2024)2137), Denmark (INFR(2024)2138), Germany (INFR(2024)2122), Estonia (INFR(2024)2123), Ireland (INFR(2024)2130), Greece (INFR(2024)2132), Spain (INFR(2024)2147), France (INFR(2024)2141), Croatia (INFR(2024)2133), Italy (INFR(2024)2142), Cyprus (INFR(2024)2131), Latvia (INFR(2024)2144), Lithuania (INFR(2024)2143), Luxembourg (INFR(2024)2124), Hungary (INFR(2024)2134), Malta (INFR(2024)2135), Netherlands (INFR(2024)2125), Austria (INFR(2024)2120), Poland (INFR(2024)2126), Portugal (INFR(2024)2145), Romania (INFR(2024)2136), Slovenia (INFR(2024)2127), Slovakia (INFR(2024)2129), Finland (INFR(2024)2140) and Sweden (INFR(2024)2146) for failing to meet waste collection and recycling targets. Based on the latest available data reported by Member States, all have failed to meet several waste collection and recycling targets laid down under the current EU waste legislation. The Waste Framework Directive (Directive 2008/98/EC on waste as amended by Directive (EU) 2018/851) sets legally binding targets for preparing for reuse and recycling of municipal waste. Bulgaria, Czechia, Denmark, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Portugal, Romania, Slovakia, Finland, and Sweden failed to meet 50% target for 2020 of preparing for reuse and recycling of municipal waste (such as paper, metal, plastic and glass). In parallel, the Packaging and Packaging Waste Directive (Directive 94/62/EC as amended by Directive (EU) 2018/852) applies to all packaging distributed within the European market and any resulting packaging waste, regardless of where it is used. By 31 December 2008, it required that between 55% and 80% of all packaging waste must be recycled. The established recycling goals for various materials include 60% for glass, 60% for paper and cardboard, 50% for metals, 22.5% for plastics, and 15% for wood but many of these targets were missed. Furthermore, the Directive on Waste Electrical and Electronic Equipment (WEEE) (Directive 2012/19/EU as amended by Directive (UE) 2024/884) requires the separate collection and proper treatment of WEEE and sets targets for their collection, recovery and recycling. The minimum collection rate to be achieved annually by the Member States is 65% of the average weight of electrical and electronic equipment placed on the market in the three preceding years in the Member State concerned, or alternatively 85% of WEEE generated on the territory of that Member State. The majority of Member States failed to collect sufficient WEEE separately and therefore missed the EU collection target. Member States should boost their implementation efforts in order to meet the abovementioned obligations. In that respect, Member States could rely on the country-specific recommendations identified in the 2023 Waste Early Warning Report. This will also help Member States to meet the forthcoming targets of 2025, 2030 and 2035, established by the recent amendments of the EU waste legislation. The Commission is therefore sending letters of formal notice to each of the 27 Member States which now have two months to respond and address the shortcomings raised by the Commission. In the absence of satisfactory responses, the Commission may decide to issue reasoned opinions.

The Commission urges IRELAND, CROATIA, HUNGARY, and AUSTRIA to comply with cross-border judicial procedures on European Arrest Warrant

Today, the European Commission decided to send additional letters of formal notice to Ireland (INFR(2020)2072) and Croatia (INFR(2021)211) and reasoned opinions to Hungary (INFR(2021)2071) and Austria (INFR(2020)2307) for failing to comply with the Framework Decision on the European Arrest Warrant and the surrender procedures between Member States (Council Framework Decision 2002/584/JHA). The European arrest warrant (EAW) is a simplified cross-border judicial procedure to surrender a requested person for the purpose of prosecution or executing a custodial sentence or detention order. Operational since 1 January 2004, the EAW has replaced the lengthy extradition procedures that existed between EU Member States. The Commission sent letters of formal notice to Ireland in October 2020, to Austria in December 2020 to Hungary in June 2021 and to Croatia in September 2021. Moreover, the Commission sent additional letters of formal notice to Austria and Hungary in November 2023. After analysing the new amending law adopted by Ireland and Croatia, the Commission concluded that new grievances, in addition to those set out in the first letter of formal notice, have emerged. Ireland incorrectly transposed the provision related to decisions rendered in absentia, the determination of the competent judicial authority, the situation pending the decision, and the competing international obligation. Croatia incorrectly transposed the provisions related to the guarantees to be given by the issuing Member State in particular cases and the situation pending the decision. Hungary failed to fully transpose the provisions on competing international obligations and correctly transpose the provisions on grounds for refusal, judgments rendered in absentia and the situation pending the decision. Austria failed to fully transpose the provisions on privileges and immunities and correctly transpose the provisions on optional grounds for refusal. The Commission is therefore sending additional letters of formal notice to Ireland and Croatia and reasoned opinions to Austria and Hungary, which 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 reasoned opinions to Ireland and Croatia as well as to refer Austria and Hungary to the Court of Justice of the European Union.