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Representation in Ireland
  • News article
  • 26 January 2023
  • Representation in Ireland
  • 4 min read

Infringements: European Commission start two new procedures against Ireland for non-compliance with EU law, continues a third one

The European Commission is calling on Ireland to reduce emissions of several air pollutants, to comply with certain obligations from the Regulation on the dissemination of terrorist content online and to comply with EU Posting of Workers Enforcement

Statue of Lady Justice holding scales

The Commission has called on Ireland (INFR(2022)2073) and 13 other Member States (Bulgaria, Denmark, Spain, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Austria, Poland, Portugal, Romania and Sweden) to respect their reduction commitments for several air pollutants as required by Directive 2016/2284 on the reduction of national emissions of certain atmospheric pollutants (the ‘National Emission Ceilings' or ‘NEC Directive'). The NEC Directive sets national emission reduction commitments for several pollutants to be attained by each Member State each year between 2020 and 2029, and more ambitious reductions for 2030 onwards. Member States are required to establish national air pollution control programmes (NAPCPs) to show how these reduction commitments will be met. The European Green Deal, with its zero pollution ambition, puts emphasis on cutting air pollution, which is among the key factors negatively affecting human health. The Commission analysed the national emission inventories of several pollutants submitted by Member States in 2022 (reflecting emissions from 2020). The 14 Member States mentioned above have failed to meet their commitments for one or several pollutants targeted by the NEC Directive. Moreover, since the measures set out in the NAPCP of most of these Member States have not ensured reaching the emission reduction commitment for one or several pollutants, these measures are not sufficient to limit the annual human-caused emissions as required by the Directive. Ammonia (stemming from the agricultural sector) is the pollutant for which most of these Member States do not comply with their obligations. The Commission is therefore sending letters of formal notice to these 14 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 has decided to open an infringement procedure by sending letters of formal notice to Ireland (INFR(2022)2121) and Belgium, Bulgaria, Czechia, Denmark, Estonia, Greece, Spain, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Finland and Sweden for the incorrect implementation of the EU Regulation on addressing the dissemination of terrorist content online (Regulation (EU) 2021/784). Ensuring the full implementation of the Regulation is fundamental to prevent terrorists from misusing the internet to spread their ideology, intimidate, radicalise and recruit citizens online. The Regulation provides a legal framework to ensure removal of terrorist content online within one hour after receipt of a removal order issued by a national competent authority and obliges companies to take special measures when their platforms are exposed to such content. At the same time, it puts in place strong safeguards to guarantee that freedom of expression and information are fully respected. Following the entry into application of the Regulation on 7 June 2022, not all Member States have adopted all the measures as outlined in the Regulation into their national law. The Commission therefore considers that Belgium, Bulgaria, Czechia, Denmark, Estonia, Ireland, Greece, Spain, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Finland and Sweden have failed to fully implement the obligations under the regulation and they have now two months to respond to the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion. A press release with more information is available online.

 

The Commission has decided to send reasoned opinions to Ireland (INFR(2018)2235) and Belgium, Bulgaria, Czechia, Denmark, Germany, France, Italy, Hungary, Malta, Netherlands, Austria, Poland, Romania, Slovenia, Slovakia, and Finland for failing to bring various national provisions in line with the Enforcement Directive on Posting of Workers (2014/67/EU). The Enforcement Directive aims to strengthen the practical application of the rules on posting of workers by addressing issues related to fighting fraud and circumvention of rules, access to information, and administrative cooperation between EU Member States. In particular, the Enforcement Directive defines the administrative requirements and control measures that Member States may impose to monitor compliance with the rules on posting of workers; defends the rights of posted workers and protects them from unfavourable treatment by their employer in case of legal or administrative action; protects the rights of posted workers in subcontracting situations; ensures the effective application and collection of administrative penalties and fines across Member States; obliges Member States to put in place effective, proportionate and dissuasive penalties. The Commission had sent in July 2021 letters of formal notice to 24 Member States and is now following up on these letters for 17 Member States who have still not correctly transposed some, or all, of the above-mentioned provisions of the Directive. The Member States concerned now have two months to take the necessary measures, otherwise the Commission may decide to refer the cases to the Court of Justice of the European Union.

 

More information:

January Infringements package

Details

Publication date
26 January 2023
Author
Representation in Ireland