The Commission also continued three existing infringement procedures at the second stage of the process with sending reasoned opinions to Ireland. Please see details below:
Commission calls on IRELAND to correctly transpose the Landfill Directive
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Ireland (INFR(2025)2005) for failing to correctly transpose the Landfill Directive (Directive 1999/31/EC as amended by Directive 2011/97/EU and Directive (EU) 2018/850). The Landfill Directive sets standards for landfills to prevent adverse effects on human health, water, soil and air. Under this Directive, Member States must ensure that certain technical rules and standards are respected when landfills are constructed. It also requires that the waste brought onto these sites for landfilling is assessed against set criteria and procedures. Control and monitoring procedures must also be respected both in the operational and after care phases of the sites. In addition, specifications for the temporary storage of metallic mercury waste are set out. Ireland has failed to correctly transpose these requirements into national law. 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.
Commission urges IRELAND and SLOVENIA to comply with cross-border judicial procedures on European Arrest Warrant
Today, the European Commission decided to send a reasoned opinion to Ireland (INFR(2020)2072) and Slovenia (INFR(2020)2313) 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, and to Slovenia in February 2022. These letters were followed by additional letters of formal notice to Ireland in July 2024, and to Slovenia in March 2024. The Commission identified that Ireland failed to correctly transpose the provisions related to decisions taken following trials in absentia, the determination of competent judicial authorities, the role of the central authority in the context of the EAW procedure, the time limits to take the decision on surrender, and the provisions on competing international obligations. Slovenia failed to correctly transpose the provisions on the optional grounds for refusal to surrender. After having analysed the two Member States’ replies to the letters of formal notice, the Commission considers that its concerns were not addressed. Therefore, the Commission has decided to issue a reasoned opinion to Ireland 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.
Commission calls on IRELAND and FINLAND to comply with EU rules on combating racism and xenophobia
The European Commission decided to send a reasoned opinion to Ireland (INFR(2024)2205) and to Finland (INFR(2020)2320) for failing to comply with provisions of the Council Framework Decision 2008/913/JHA on combating racism and xenophobia by means of criminal law. The Commission sent letters of formal notice to Ireland in 2024 and to Finland in 2021 and 2023. After having analysed the two Member States’ replies to the letters of formal notice, the Commission considers that its concerns were not fully addressed. The Commission considers that Finland fails to correctly transpose the provisions on public incitement to hatred or violence, as well as on the condoning, denial and gross trivialisation of the Holocaust and other international crimes. While Ireland notified some transposition measures in the meantime, the Commission considers that Ireland still fails to transpose the provisions related to criminalising the public incitement to violence or hatred against a group or a member of such group based on certain characteristics, as well as the conducts of condoning, denial, and gross trivialisation of international crimes and the Holocaust. Therefore, the Commission has decided to issue reasoned opinions to Ireland and Finland, 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.
Commission calls on 19 Member states to fully transpose the NIS2 Directive
Today, the European Commission decided to send a reasoned opinion to 19 Member States (Bulgaria, Czechia, Denmark, Germany, Estonia, Ireland, Spain, France, Cyprus, Latvia, Luxembourg, Hungary, the Netherlands, Austria, Poland, Portugal, Slovenia, Finland and Sweden) for failing to notify full transposition of the NIS2 Directive (Directive (EU) 2022/2555). Member States had to transpose the NIS2 Directive into national law by 17 October 2024. The NIS2 Directive aims to ensure a high level of cybersecurity across the EU. It covers entities operating in critical sectors such as public electronic communications services, ICT service management, digital services, wastewater and waste management, space, health, energy, transport, manufacturing of critical products, postal and courier services, and public administration. Full implementation of the legislation is key to further improving the resilience and incident response capacities of public and private entities operating in these critical sectors and the EU as a whole. Therefore, the Commission has decided to issue a reasoned opinion to 19 Member States, 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.
More information on the EU infringement procedure can be found in the following Q&A.
Details
- Publication date
- 7 May 2025
- Author
- Representation in Ireland