European Commission issues series of infringement decisions against Member States, including Malta

In its monthly package of infringement decisions, the European Commission pursues legal action against Member States for failing to comply with their obligations under EU law. These decisions, covering various sectors and EU policy areas, aim to ensure the proper application of EU law for the benefit of citizens and businesses.

The Commission decided today to send a letter of formal notice to Malta for failing to report on cost-optimal levels of minimum energy performance requirements as required under EU law (Energy Performance of Buildings Directive, Directive 2010/31/EU). In May 2010, Member States agreed to set minimum energy performance requirements for buildings, with a view to achieve the best combination between investments and savings, also known as ‘cost-optimal levels’. Calculating the cost-optimal levels is key for Member States to fully exploit the energy efficiency and renewable energy potential of the national buildings stock and to avoid citizens spending more money than necessary on efficiency improvements to their housing and offices. Malta now has two months to reply to the concerns raised by the Commission. Otherwise, the Commission may decide to send a reasoned opinion.

The Commission is urging Estonia, Hungary, and Malta to bring their national legislation into line with new EU impact assessment law (the Environmental Impact Assessment Directive, Directive 2011/92/EU). With regards Malta, amongst others, the key issues include incorrect enactment of public information and consultation requirements in the context of the environmental impact assessment procedure, and incorrect national provisions of requirements on the content of development consent. Hence, the Commission decided today to send letters of formal notice to the Member States concerned, giving them two months to reply to the arguments raised by the Commission. Otherwise, the Commission may decide to send a reasoned opinion.

The Commission today decided to send a letter of formal notice to Malta for failing to comply with EU law on marine equipment (Directive 2014/90/EU). The common EU safety rules concern equipment, such as life jackets, sewage cleaning systems and radars, on board EU-flagged ships. Malta has failed to ensure that marine equipment (on board of Maltese flagged vessels) is always accompanied by a declaration of conformity, and is not conducting market surveillance on an adequate scale. Malta is neither inspecting transferred shipsnor issuing certificates for equivalent marine equipment when a ship is transferred. Malta has two months to respond to the concerns raised by the Commission. Otherwise, the Commission may decide to send a reasoned opinion.

The Commission urged Belgium to pay customs duties into the EU budget.

The EU Commission also referred Belgiumto the Court due to its tax treatment of taxpayers investing in property abroad. In a separate instance the Court referred Belgium to the Court for failing to comply with EU rules on electricity and gas markets.

TheCommission has decided to refer Germany to the Court of Justice of the EU for not applying the EU Value Added Tax (VAT) scheme for farmers correctly.

The Commission referred Italy to the Court for failure to transpose EU rules on protection against radiation.

The European Commission decided to refer Swedento the Court of Justice of the EU over its failure to ensure that urban waste water from a number of agglomerations receives adequate treatment, as required under EU rules .

The Commission decided to send letters of formal notice to Denmark, Estonia, Greece, Hungary, Italy, Malta, Poland, and Slovakia for failing to fully transpose EU rules reinforcing sustainability of biofuels.

The Commission is also closing 146 cases in which the issues with the Member States concerned have been solved without the Commission needing to pursue the procedure further.

European Commission 

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