European Commission publishes February infringement proceedings package for Spain

In its regular package of infringement decisions, the European Commission takes legal action against Member States that have failed to comply with their obligations under EU law. These decisions, which cover various sectors and policy areas of the European Union, are designed to ensure that EU law is correctly applied for the benefit of citizens and businesses.

The main decisions adopted by the Commission for Spain, grouped by area of action, are presented below.

The Commission will also close 93 cases that have been resolved by the Member States concerned without the Commission having to continue with the procedure.

Environment

Letters of formal notice

Water management: Commission calls on 16 Member States to finalise review of their water plans

The European Commission decided to open an infringement procedure by sending a letter of formal notice to Belgium (INFR(2022)2188), Bulgaria (INFR(2022)2189), Croatia (INFR(2022)2193), Cyprus (INFR(2022)2190), Denmark (INFR(2022)2184), Greece (INFR(2022)2191), Ireland (INFR(2022)2185), Lithuania (INFR(2022)2194), Luxembourg (INFR(2022)2186), Malta (INFR(2022)2195), Poland (INFR(2022)2196), Portugal (INFR(2022)2197), Romania (INFR(2022)2198), Slovakia (INFR(2022)2187), Slovenia (INFR(2022)2199) and Spain (INFR(2022)2192) for failing to finalise the revision of the river basin management plans as required under the Water Framework Directive (Directive 2000/60/EC) and/or the flood risk management plans as required under the Floods Directive (Directive 2007/60/EC). Both directives require Member States to update and report every six years their management plans on river basins and flood risk, respectively. River Basin Management Plans include a programme of measures which are key to ensure good status of all water bodies, as required by the directive. Flood risk management plans are formed on the basis of maps showing the potential adverse consequences associated with flood scenarios.

Sustainable water management is a core element of the European Green Deal. The following Member States failed to comply with their obligations under either one or both of the Directives:

• Belgium (INFR(2022)2188), Bulgaria (INFR(2022)2189), Croatia (INFR(2022)2193), Cyprus (INFR(2022)2190), Greece (INFR(2022)2191), Spain (INFR(2022)2192) Lithuania (INFR(2022)2194), Malta (INFR(2022)2195), Portugal (INFR(2022)2197), Romania (INFR(2022)2198) and Slovenia (INFR(2022)2199)have failed to review, adopt and report in time all their third river basin management plans and second flood risk management plans;
• Denmark (INFR(2022)2184), Ireland (INFR(2022)2185) and Poland (INFR(2022)2196) are beyond legal time limits as regards the review, adoption and reporting of the third river basin management plans;
• Luxembourg (INFR(2022)2186) and Slovakia (INFR(2022)2187) are beyond legal time limits as regards the review and adoption and reporting of second flood risk management plans.

The Commission is therefore sending a letter of formal notice to these 16 Member States, which now have two months to respond and address the shortcomings raised. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

Internal Market, Industry, Entrepreneurship and SMEs

Letters of formal notice

Free movement of services: Commission takes action to ensure a well-functioning single market

The European Commission decided to launch and to pursue 24 cases against several Member States for various breaches of services-related legislation. These decisions are taken to ensure the correct implementation of rules aiming at the good functioning of the single market for services.

The Commission has decided to open and pursue infringement procedures relating to the EU Proportionality Test Directive. In particular, the Commission has decided to send 11 additional letters of formal notice to Bulgaria (INFR(2021)2206), Czechia (INFR(2021)2201), Greece (INFR(2021)2200), France (INFR(2021)2202), Croatia (INFR(2021)2198), Cyprus (INFR(2022)2055), Latvia (INFR(2021)2257), Hungary (INFR(2021)2192), the Netherlands (INFR(2021)2197), Austria (INFR(2021)2205), and Slovakia (INFR(2021)2204) while Estonia (INFR(2022)2169) will be receiving a letter of formal notice to ensure that the introduction of professional regulations via parliamentary amendments is covered by a prior proportionality assessment.

In addition, the Commission decided to send 5 reasoned opinions to Germany (INFR(2021)2212), Spain (INFR(2021)2256), Lithuania (INFR(2021)2207), Poland (INFR(2021)2208), and Slovenia (INFR(2021)2195) for not having properly implemented the EU Proportionality Test Directive for regulation of professions.

Concerning the enforcement of the Services Directive, the Commission has decided to open an infringement against Malta (INFR(2022)2210), Poland (INFR(2022)2211) and Slovenia(INFR(2022)2209) for having in place a total prohibition on the advertising of lawyers’ activities. The Commission has also decided to open an infringement against Cyprus (INFR(2022)2170) for having in place prohibitions to team up with other professions in real estate agency companies and Slovenia (INFR(2022)4119) for fixing minimum tariffs for certain real estate intermediation services.

Moreover, the European Commission decided to open an infringement procedure by sending a letter of formal notice to Belgium (INFR(2022)4120) for having in place a disproportionate guarantee scheme for certain construction services, and to Spain (INFR(2022)4121) for having failed to ensure a transparent and impartial selection procedure for the granting of concessions relating to coastal areas. All Member States concerned have two months to respond to the arguments raised by the Commission. Otherwise, the Commission may decide to take the next step in the procedure. A press release is available here.

January infringement procedures for Spain

3. Justice

Referrals to the Court of Justice

Protection of whistleblowers: Commission decides to refer 8 Member States to the Court of Justice of the EU

Today, the European Commission decided to refer Czechia (INFR(2022)0043), Germany (INFR(2022)0052), Estonia (INFR(2022)0055), Spain (INFR(2022)0073), Italy (INFR(2022)0106), Luxembourg (INFR(2022)0119), Hungary (INFR(2022)0093) and Poland (INFR(2022)0150) to the Court of Justice of the European Union for failure to fully transpose and notify the national measures transposing the directive on the protection of persons who report breaches of Union law into its legal framework (Directive (EU) 2019/1937). The directive requires Member States to provide whistleblowers working in the public and private sectors with effective channels to report breaches of EU rules confidentially, establishing a robust system of protection against retaliation. This applies both internally (within an organisation) and externally (to a competent public authority). Member States had to transpose the necessary measures to comply with the Directive’s provisions by 17 December 2021. In January 2022, the Commission sent letters of formal notice to 24 Member States for not fully transposing and informing the Commission of the transposition measures before the deadline. Furthermore, the Commission sent reasoned opinions to 15 Member States in July 2022, and to four Member States in September 2022 for failing to communicate measures fully transposing the directive. As 8 Member States’ replies to the Commission’s reasoned opinions were unsatisfactory, the Commission has decided to refer these Member States to the Court of Justice of the European Union. More information can be found in the press release.

4. Financial Stability, Financial Services and Capital Markets Union

Commission urges SPAIN to completely transpose laws removing regulatory barriers including risks under the sustainability risks Directive

The Commission has today sent a reasoned opinion to Spain (INFR(2022)0357) for failing to fully transpose Directive 2021/1270/EU (UCITS sustainability risks Directive). The Delegated Directive clarifies the current obligation of asset managers to integrate outside-in sustainability risks, as defined by the Sustainable Finance Disclosure Regulation (SFDR) and certain due diligence implications of this Regulation, namely where asset managers disclose information with regard to the consideration of adverse sustainability impacts. The UCITS Sustainability Risks Directive adds a requirement for investment companies to integrate sustainability risks into the management of UCITS, taking into account the nature, scale and complexity of the business of the investment companies. Spain failed to fully transpose the Directive into national legal order by the deadline on 31 July 2022. Spain has two months to reply and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union (CJEU).

More information: European Commission