March infringement package: main decisions for Spain

In its regular package of infringement decisions, the European Commission takes legal action against Member States that are not respecting their obligations under EU law. These decisions, which cover different sectors and policy areas of the European Union, aim to ensure that EU law is properly applied for the benefit of citizens and businesses. The main decisions adopted by the Commission are presented below, grouped by policy area.

Environment

The Commission calls on SPAIN to improve its treatment of municipal waste

The European Commission decided to open an infringement procedure by sending a letter of formal notice to Spain (INFR(2024)2013) for failing to correctly apply the Landfill Directive (Directive 1999/31/EC) and the Waste Framework Directive (Directive 2008/98/EC). The Landfill Directive sets standards for landfills to prevent adverse effects on human health, water, soil, and air. Under this Directive, Member States must take measures to ensure that only waste that has been subject to treatment is landfilled. The European Green Deal and the Zero Pollution Action Plan set a zero pollution ambition for the EU, which benefits public health, the environment and climate neutrality. In its judgment of 15 October 2014, the Court of Justice of the European Union ruled that before landfilling, waste must be treated in the most appropriate way to reduce negative impacts on the environment and human health. However, latest data shows that 12.7% of all municipal waste collected in Spain did not receive the required treatment prior to its disposal in landfills. Furthermore, Spain has not established an integrated and adequate network of waste management installations for mixed municipal waste covering all the landfills in its entire territory. The Commission is therefore sending a letter of formal notice to Spain, 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.

Waste: Commission decides to refer SPAIN to the Court of Justice of the European Union for failure to apply the waste management requirements

Migration, Home Affairs and Security Union

Letters of formal notice

The Commission calls on SPAIN, PORTUGAL, ROMANIA, SLOVENIA, SLOVAKIA, SWEDEN and FINLAND to fully and correctly transpose the provisions of the Seasonal Workers Directive

The European Commission has opened an infringement procedure by sending a letter to Spain (INFR(2024)2004), Portugal (INFR(2024)2006), Romania (INFR(2024)2007), Slovenia (INFR(2024)2009), Slovakia (INFR(2024)2010), Sweden (INFR(2024)2008) and Finland (INFR(2024)2005) for failing to fully transpose all provisions of the Seasonal Workers Directive (Directive 2014/36/EU). The Directive aims to ensure fair and transparent rules for the admission of non-EU seasonal workers to the EU, with guarantees for decent working and living conditions, equal rights, and sufficient protection from exploitation across the EU. Ensuring the full respect of the Seasonal Workers Directive is an important prerequisite for attracting the workers needed for seasonal work to the EU and it could also contribute to reducing irregular migration. The Commission is monitoring its transposition into national law by Member States.  The Commission launched the first set of infringements in April 2023, by sending letters of formal notice respectively to Belgium, Bulgaria, Germany, Estonia, Greece, Italy, Cyprus, Latvia, Lithuania, and Luxembourg. A second set of infringements was launched in December 2023, by sending letters of formal notice to Czechia, France, Croatia, Hungary, Malta, the Netherlands, Austria, and Poland. The Commission considers that Spain, Portugal, Romania, Slovenia, Slovakia, Finland, and Sweden, have incorrectly transposed and/or implemented some obligations under the Directive. The Commission is therefore sending a letter of formal notice to Spain, Portugal, Romania, Slovenia, Slovakia, Sweden and Finland, which now have two months to respond and address the shortcomings raised by the Commission. . In the absence of a satisfactory response, the European Commission may decide to send them a reasoned opinion.

Justice

Letters of formal notice and reasoned opinions

The Commission urges GERMANY, SPAIN, LATVIA and SLOVENIA to comply with cross-border judicial procedures on the European Arrest Warrant 

The European Commission decided to send an additional letter of formal notice to Germany (INFR(2020)2361), Latvia (INFR(2021)2239) and Slovenia (INFR(2020)2313) and a reasoned opinion to Spain (INFR(2021)2070), 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 first sent a letter of formal notice to Germany in February 2021, to Spain in May 2021, to Latvia in December 2021 and to Slovenia in February 2022. On analysis of their replies, the Commission concluded that Germany, Latvia and Slovenia failed to correctly transpose the provision on the optional grounds for refusal to execute the EAW. Moreover, Germany failed to transpose the provision on the situation of the requested person pending the decision to execute the EAW as regard the possibility of his/her temporary transfer. Spain has failed to fully transpose the provisions on surrender or subsequent extradition; moreover, Spain has failed to correctly transpose the provisions on mandatory and optional grounds for refusal and on decisions rendered following a trial at which the person did not appear in person. Therefore, the Commission has decided to send an additional letter of formal notice to Germany, Latvia and Slovenia, and a reasoned opinion to Spain, 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 Germany, Latvia and Slovenia a reasoned opinion and refer Spain to the Court of Justice of the European Union.

The Commission calls on SPAIN, ITALY, CYPRUS, LUXEMBOURG and POLAND to fully transpose the EU rules on procedural safeguards for children in criminal proceedings 

The European Commission decided to open infringement procedures by sending letters of formal notice to Spain (INFR(2023)2176), Italy (INFR(2023)2090), Luxembourg (INFR(2024)2002) and Poland (INFR(2023)2127), and to issue an additional reasoned opinion to Cyprus (INFR(2019)0175), for failing to fully transpose into their national law the Directive on procedural safeguards for children who are suspects or accused persons in criminal proceedings (Directive (EU) 2016/800). This Directive is part of the EU’s comprehensive strategy to establish common minimum standards to guarantee the right to a fair trial and the rights of suspects or accused persons in criminal proceedings across the EU. It establishes common rules on the protection of procedural safeguards for children such as the right to an individual assessment, to specific treatment in case of deprivation of liberty (such as separation from adult detainees and access to training and education) and to be accompanied by the holder of parental responsibility during the proceedings. The Commission considers that Poland failed to fully transpose the scope of the Directive and certain substantive requirements, for instance, with regards to the right to an individual assessment and the assistance of the child by a lawyer. In the cases of Italy, Luxembourg and Spain, completeness issues were identified, for instance, with regards to the right to information of the child and the right to a medical examination. Cyprus received a first reasoned opinion in May 2020 for failing to communicate to the Commission the measures transposing the Directive. Following Cyprus’ reply, the Commission concluded that the notified measures fall short of the requirement of the Directive to ensure specific treatment of children in case of deprivation of liberty. Therefore, the Commission has decided to send letters of formal notice to Spain, Italy, Luxembourg and Poland and an additional reasoned opinion to Cyprus. The Member States 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 Spain, Italy, Luxembourg, and Poland a reasoned opinion and refer Cyprus to the Court of Justice of the European Union.

December infringement package: main decisions for Spain

Mobility and Transport

Reasoned opinions

The Commission calls on SPAIN, CROATIA, CYPRUS, LUXEMBOURG, POLAND and SLOVENIA to transpose EU rules on use of vehicles hired without drivers for carriage of goods by road

The European Commission today decided to send a reasoned opinion to Spain (INFR(2023)0213), Croatia (INFR(2023)0221), Cyprus (INFR(2023)0196) Luxembourg (INFR(2023)0229), Poland (INFR(2023)0236) and Slovenia (INFR(2023)0246) for failing to communicate to the Commission any national measures to transpose EU rules on the use of vehicles hired without drivers for the carriage of goods by road (Directive (EU) 2022/738). This Directive aims to help companies to benefit from the advantages of using hired vehicles, for example by allowing the use of vehicles hired in another Member State. Such a possibility can, in particular, make it easier for companies to meet short-term, seasonal or temporary peaks in demand or to replace defective or damaged vehicles, while ensuring compliance with the necessary safety requirements and ensuring adequate working conditions for drivers. Member States needed to adopt the measures by 6 August 2023 to comply with EU legislation. Therefore, the Commission has decided to send a reasoned opinion to these Member States, which now have two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.

More information: European Commission