DAILY NEWS
Brussels, 12 March 2025
Commissioner Kadis in Italy to meet with representatives of coastal cities
Starting tomorrow, Commissioner Costas Kadis will begin a two-day official visit to Italy, from March 13 to 15. This visit is part of the Commission's efforts to engage with coastal communities and stakeholders ahead of the adoption of the Ocean Pact in June, highlighting the importance of this flagship initiative. His program begins with an official visit to the General Command of Port Authority in Rome. This will be followed by a conference organized by the Ministry of Agriculture, Food and Forestry Policies, attended by Minister Francesco Lollobrigida, with representatives of the Italian fisheries sector, to explore the challenges and opportunities facing the fisheries sector. Following this conference, Commissioner Kadis will hold a press briefing with Minister Lollobrigida. He will also meet with the Director-General of the Food and Agriculture Organization of the United Nations (FAO). The day will conclude with a meeting on the aquaculture sector, hosted by the Mayor of Ascoli and the President of the Marche Region, Francesco Acquaroli. On the second day of his visit, Commissioner Kadis will travel with Minister Lollobrigida to San Benedetto del Tronto, where he will be welcomed by local authorities at the Coast Guard Port Authority. He will then visit the Polytechnic University of Marche. The visit will conclude with a meeting with representatives of local fishermen, the Mayor of San Benedetto, and the President of the Marche Region. (For further information: Maciej Berestecki: +32 229-66483; Anna Wartberger – Tel.: +32 2 298 25 04)
Commission publishes the General Report 2024 highlighting EU's action for citizens and businesses in the face of geopolitical challenges
The Commission published the 2024 edition of the General Report on the activities of the EU. The report, prepared in line with the Treaty on the Functioning of the European Union, presents the key achievements of the EU in 2024 in delivering for EU citizens, while addressing new and unprecedented challenges in an increasingly fractured geopolitical environment.
The EU remained steadfast in providing political, financial, humanitarian and military support for Ukraine and the Ukrainian people, as Russia continued its brutal and illegal war of aggression. The EU continued to impose a heavy toll on Russia through its unprecedented sanctions limiting Russia' ability to finance its war. The report also shows how the REPowerEU plan helped reduce the EU's dependency on Russian fossil fuels and accelerate the clean-energy transition. The EU stepped up action to enhance the competitiveness of its economy both through the Single Market and globally through enhanced economic foreign policy. And it stayed the course of the ambitious agenda for clean, digital, sustainable and inclusive growth and prosperity.
In 2024, the EU continued to boost its security, defence and preparedness, thanks to the adoption of its first-ever European Defence Industrial Strategy, as well as strengthening its readiness to cope with future crises. Last year also marked an important step forward in the area of migration with the adoption of the Pact on Migration and Asylum, a set of new rules based on the principles responsibility and solidarity. The EU also continued to invest in strengthening global partnerships. 2024 was also a year of institutional transition with the European elections and the election of the new Commission, led by President von der Leyen.
The report is available in all official languages of the EU as a fully illustrated book and an online version.
(Pour plus d'informations : Paula Pinho – Tél. : +32 2 292 08 15)
Commission launches second mid-term round for coordinated gas purchases via AggregateEU to ensure stability and predictability of supplies
Today, the Commission is launching the second mid-term matching round to coordinate gas purchases under the AggregateEU platform.
Buyers from the EU and the Energy Community will be able to submit and aggregate their gas demand for multiple 6-month periods running from July 2025 until October 2030 and access competitive offers from reliable international suppliers. To participate in this mid-term tender, demand must be submitted by 17 March, and will be put out to tender for expression of interest by potential suppliers from 18 to 21 March. After the demand and supply is matched through the platform, the individual companies negotiate their contract bilaterally.
Commissioner for Energy and Housing, Dan Jørgensen, said: “While we continue to pursue the energy transition, ensuring predictable gas supplies for our Union remains key in these turbulent times. If we put our market weight together, our companies can access stable offers at better conditions. Until we fully decarbonise our economies and societies, this will not only help guarantee the security of energy supply, but also strengthen our competitiveness."
Mid-term rounds on AggregateEU are a service offered by the Commission to ensure stability and predictability of gas supplies beyond the short-term crisis the EU faced during the past years. Crucially, this new mid-term tender shows our continued determination to diversifying our energy supplies away from Russia.
This latest round builds on a hugely successful first mid-term round which took place from in February 2024, when offers almost tripled the demand submitted by EU companies. It also builds on the previous short-term rounds that since 2023 managed to match 42 billion cubic meters of demand requests and offers.
AggregateEU is the Commission's flagship initiative for demand aggregation and coordinated gas purchasing at the European level as part of the EU Energy Platform, launched in April 2023, to make the EU's energy supply more diverse, secure and coordinated. Under the provisions of the Hydrogen and Decarbonised gases package, the Commission is now working on the establishment of a permanent instrument for the joint purchasing of gas and of other similar mechanisms for the demand aggregation of important commodities such as hydrogen and critical raw materials.
More information can be found online.
(For more information: Anna-Kaisa Itkonen – Tel.: +32 2 295 75 01; Giulia Bedini – Tel: +32 2 295 86 61)
The Commission welcomes the swift agreement on the DAC9 Directive
The Commission welcomes the Council's political agreement on the amendment of the Directive on administrative cooperation in taxation (DAC9), which underscores Member States' commitment to the seamless implementation of the OECD Pillar 2 Directive. DAC9 ensures a global minimum level of taxation for large multinational enterprise groups (MNEs) and large-scale domestic groups (LSDGs) within the Union, building on the OECD and G20's international agreement of December 2021.
This directive significantly streamlines reporting obligations, allowing MNEs to meet Pillar 2 requirements via a single top-up tax information return for their entire group, rather than multiple filings in every jurisdiction. By simplifying the filing process, DAC9 significantly reduces the administrative burden on companies. Tax authorities will also benefit from the reduced burden, as this directive sets up a system for them to exchange information through the standard form developed by the OECD and G20's Inclusive Framework. MNEs and relevant LSDGs must use this form to report tax-related information, ensuring consistency and ease in fulfilling their obligations. DAC9 is therefore highly welcome in the context of the Commission's ongoing efforts to simplify reporting obligations, reduce burden and cut red tape for EU businesses. Member States have until December 31, 2025, to implement this directive.
More information on DACs is available on a dedicated webpage, and the latest news item.
(For more information: Anna-Kaisa Itkonen – Tel.: +32 2 295 75 01; Saul Louis Goulding – Tel.: +32 2 296 47 35)
The Commission welcomes the landmark adoption of the VAT in the Digital Age package
The Commission welcomes the Council's adoption of the landmark VAT in the Digital Package (ViDA), marking a significant step forward in the modernisation of the EU's VAT System. These new measures will make our VAT system more business-friendly, tougher on fraud, and better equipped to tackle challenges of the growing platform economy.
Key elements of the new rules include making VAT reporting obligations for companies selling goods and services to businesses in other EU member states fully digital by 2030. The package also requires online platforms to pay VAT on short-term accommodation rentals and passenger transport services in most cases where individual service providers do not charge VAT. Additionally, it seeks to improve and expand online VAT one-stop-shops, relieving businesses from the burden of costly registrations for VAT in each member state where they operate. These updates will enhance cross-border reporting and ensure that tax authorities have real-time access to transaction data, enabling them to swiftly tackle VAT fraud and promote fairer taxation throughout the Union. Importantly, the phased rollout of ViDA will ensure a seamless transition, with initial legislative clarifications refining operations for One-Stop Shop (OSS) and Import One-Stop-Shop (IOSS) users.
As the ViDA rollout progresses, Digital Reporting Requirements will extend to cross-border B2B transactions, culminating in the alignment of domestic digital real-time reporting systems with EU standards, thereby completing this comprehensive package. Initially proposed in December 2022, this ambitious package is set to be rolled out progressively in the coming years. This directive, regulation, and implementing regulation will take effect soon after their publication in the Official Journal of the EU. As the regulations are directly applicable, Member States will focus on transposing the directive into national law.
More information is available on the ViDA webpage and a press release, published today.
Commission responds to unjustified US steel and aluminium tariffs with countermeasures *
In response to the imposition of new, unjustified US tariffs on EU steel and aluminium imports, the Commission has launched swift and proportionate countermeasures on US imports into the EU.
The Commission regrets the US decision to impose such tariffs, considering them unjustified, disruptive to transatlantic trade, and harmful to businesses and consumers, often resulting in higher prices.
The Commission's response is carefully calibrated, based on a two-step approach:
In total, the EU countermeasures could therefore apply to US goods exports worth up to €26 billion, matching the economic scope of the US tariffs.
In the meantime, the EU remains ready to work with the US administration to find a negotiated solution. The abovementioned measures can be reversed at any time should such a solution be found.
President of the European Commission, Ursula von der Leyen, said: “The trade relations between the European Union and the US are the biggest in the world. They have brought prosperity and security to millions of people, and trade has created millions of jobs on both sides of the Atlantic. As of this morning the United States is applying a 25% tariff on imports of steel and aluminium. We deeply regret this measure. Tariffs are taxes. They are bad for business, and even worse for consumers. These tariffs are disrupting supply chains. They bring uncertainty for the economy. Jobs are at stake. Prices will go up. In Europe and in the United States. The European Union must act to protect consumers and business. The countermeasures we take today are strong but proportionate. As the US are applying tariffs worth 28 billion dollars, we are responding with countermeasures worth €26 billion. This matches the economic scope of the US tariffs. Our countermeasures will be introduced in two steps. Starting with 1 April and fully in place as of 13 April. In the meantime, we will always remain open to negotiation. We firmly believe that in a world fraught with geopolitical and economic uncertainties, it is not in our common interest to burden our economies with tariffs. We are ready to engage in meaningful dialogue. I have entrusted Trade Commissioner Maroš Šefčovič to resume his talks to explore better solutions with the US.”
Next steps
The decision by the Commission to restore the 2018 and 2020 countermeasures against the US will take immediate effect on 1 April.
The process launched by the Commission in response to new US tariffs will proceed under the EU's Enforcement Regulation, considering the US measure effectively as a safeguard measure. As the first step in this process, a two-week stakeholder consultation will run until 26 March. On the basis of the collected input, the Commission will finalise its proposal for the adoption of countermeasures, and consult Member States under the so-called comitology process. Once this process is completed, the Commission aims to have the legal act imposing the countermeasures in place by mid-April.
Background
In June 2018, the first US administration under President Trump introduced tariffs on €6.4 billion* (€8 billion based on 2024 flows and values) of European steel and aluminium exports. In January 2020, additional tariffs, affecting around €40 million of EU exports of certain derivative steel and aluminium products, followed. In response, in June 2018, the EU introduced its countermeasures on €2.8 billion of US exports to the EU* (a similar EU response followed the second set of US tariffs in 2020). The remaining rebalancing measures, affecting exports valued up to €3.6 billion*, were scheduled to enter into force on 1 June 2021. Following discussions with the US on tariff-based quota system for EU exporters, the EU suspended these measures until 31 March 2025 in order to give space for the parties to work out a longer-term solution.
On 10 February 2025, the US announced that it would impose 25% tariffs on imports of steel and aluminium and derivative products. President von der Leyen immediately warned that such tariffs are “bad for business, worse for consumers” and would trigger a firm and proportionate European response.
The US tariffs of up to 25% will apply on industrial-grade steel and aluminium, other steel and aluminium semifinished and finished products, and also their derivative commercial products (from machinery parts to knitting needles), covering up to €26 billion worth of EU exports to the US.
*Values presented are in then current prices.
For More Information
US tariffs and EU countermeasures explained
EU countermeasures automatically entering into force on 1 April 2025 that were imposed in 2018 and 2020.
EU-US trade relations
List of products which could be subject to possible measures
Call for stakeholder views
* Updated on 12/03/2025 at 08:57
Quote(s)
The trade relations between the European Union and the US are the biggest in the world. They have brought prosperity and security to millions of people, and trade has created millions of jobs on both sides of the Atlantic. As of this morning the United States is applying a 25% tariff on imports of steel and aluminium. We deeply regret this measure. Tariffs are taxes. They are bad for business, and even worse for consumers. These tariffs are disrupting supply chains. They bring uncertainty for the economy. Jobs are at stake. Prices will go up. In Europe and in the United States. The European Union must act to protect consumers and business. The countermeasures we take today are strong but proportionate. As the US are applying tariffs worth 28 billion dollars, we are responding with countermeasures worth 26 billion euro. This matches the economic scope of the US tariffs. Our countermeasures will be introduced in two steps. Starting with 1 April and fully in place as of 13 April. In the meantime, we will always remain open to negotiation. We firmly believe that in a world fraught with geopolitical and economic uncertainties, it is not in our common interest to burden our economies with tariffs. We are ready to engage in meaningful dialogue. I have entrusted Trade Commissioner Maroš Šefčovič to resume his talks to explore better solutions with the US.
Ursula von der Leyen, President of the European Commission
EU-US trade relations are currently well balanced, as well as hugely profitable to both sides. We should be making this great relationship stronger, not weaker. Sadly, the tariffs imposed by the US today go firmly in the wrong direction. While the EU will continue to engage towards finding win-win deals, we have made clear from the start that unjustified tariffs on our exports will not go unanswered, and we will not shy away from protecting our legitimate economic interests. In relation to steel and aluminium, we share some of the challenges – for instance, on global overcapacities driven by non-market practices – and the EU is therefore part of the solution, rather than a problem.
Maroš Šefčovič, Commissioner for Trade and Economic Security; Interinstitutional Relations and Transparency
EU countermeasures on US steel and aluminium tariffs explained
On 12 March, the United States imposed tariffs of up to 25% on imports of steel, aluminium, and certain products containing steel and aluminium from the European Union and other trading partners. In response, the Commission is launching a series of countermeasures to protect European businesses, workers and consumers from the impact of these unjustified trade restrictions.
Context: measures and countermeasures imposed under the previous Trump administration
In June 2018, the first Trump Administration introduced tariffs on European steel and aluminium exports (known as “section 232” tariffs), targeting €6.4 billion of EU goods* (€8 billion based on 2024 flows and values). In January 2020, additional tariffs, affecting around €40 million* of EU exports of certain derivative steel and aluminium products, followed. The EU responded to these with a targeted package of so-called “rebalancing measures”.
In 2018, the EU countermeasures were structured into two sets of measures (Annexes I and II), each affecting different product categories. Annex I targeted €2.8 billion worth of US goods, while Annex II was to target €3.6 billion worth of goods. A similar EU response followed the second set of US tariffs in 2020.
Concerning the 2018 rebalancing measures, while Annex I came into effect immediately in June 2018, Annex II was scheduled to enter into force in June 2021. Before the scheduled implementation of Annex II, the EU suspended all measures (i.e. both Annexes) until 31 March 2025. The 2020 EU rebalancing measures will also be coming back on 1 April. This followed discussions with the US which agreed to suspend its 232 tariffs on EU exporters within a certain quota. This provided both sides with space to work together on a longer-term solution through a global arrangement that would address carbon intensity and global overcapacity.
The new US measures
The US measures implemented on 12 March consist of three key elements:
In addition, the US Secretary of Commerce will establish by 12 May 2025 a system whereby the US will continue to extend the list of steel and aluminium derivatives products subject to additional duties of up to 25%.
The US tariffs will affect a total of €26 billion of EU exports, which corresponds to approximately 5% of total EU goods exports to the US. Based on current import flows, this will result in US importers having to pay up to €6 billion in additional import tariffs.
The EU's response
The Commission has launched a swift and proportionate response, designed to defend European interests through two countermeasures:
Reimposing suspended countermeasures
On 1 April 2025, the 2018 and 2020 rebalancing measures will automatically be reinstated once their suspension expires on 31 March. For the first time, these rebalancing measures will be implemented in full. Tariffs will be applied on products ranging from boats to bourbon to motorbikes.
A new package of additional measures
Since the new US tariffs are significantly broader in scope and affect a significantly higher value of European trade, the Commission launched on 12 March the process to impose additional countermeasures on the US. These will target approximately €18 billion worth of goods, which will then apply together with the reimposed measures from 2018. The objective is to ensure that the total value of the EU measures corresponds to the increased value of trade impacted by the new US tariffs.
The first step in this process is the launch of a two-week consultation with EU stakeholders. These consultations will ensure that the right products are chosen for inclusion in the new countermeasures, ensuring an effective and proportionate response that keeps disruption to EU businesses and consumers to a minimum.
The full process to impose the additional countermeasures is as follows:
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* Values presented in 2018 prices.
Press statement by President von der Leyen with Commissioner Šefčovič on EU countermeasures to US tariffs
President von der Leyen:
The trade relations between the European Union and the United States are the biggest in the world. They have brought prosperity and security to millions of people. And trade has created millions of good jobs on both sides of the Atlantic. As of this morning, the United States is applying a 25% tariff on imports of steel and aluminium. We deeply regret this measure. Tariffs are taxes. They are bad for business, and worse for consumers. They are disrupting supply chains. They bring uncertainty for the economy. Jobs are at stake. Prices will go up. Nobody needs that – on both sides, neither in the European Union nor in the United States.
The European Union must act to protect consumers and business. The countermeasures we take today are strong but proportionate. As the United States are applying tariffs worth USD 28 billion, we are responding with countermeasures worth EUR 26 billion. This matches the economic scope of the tariffs from the United States.
Our countermeasures will be introduced in two steps, starting with 1 April and fully in place as of 13 April. In the meantime, we will always remain open to negotiations.
We firmly believe that in a world fraught with geoeconomic and political uncertainties, it is not in our common interest to burden our economies with such tariffs. We are ready to engage in a meaningful dialogue. I have entrusted Trade Commissioner Maroš Šefčovič to resume his talks to explore better solutions with the United States.
Commissioner Maroš Šefčovič:
Thank you, Madame President.
Let me start by echoing the sentiments of regret. Today's tariffs from the United States take us in the wrong direction and the reason is manyfold. The EU-US trade partnership is well balanced and highly profitable to both sides. On steel and aluminium particularly, we share some of the challenges – for instance, global overcapacities driven by non-market practices – and the European Union is part of the solution, not the problem.
Last month, during my visit to Washington to raise these points, it was indeed clear that the European Union isn't the problem, making today's measures even more unjustified. I argued to avoid the unnecessary burden of measures and countermeasures. But you need both hands to clap.
The US Administration has opted to pursue a harmful course of unjustified tariffs, leaving us with no choice but to respond – and that's exactly what we are doing.
First, as of April, we will automatically reinstate our currently suspended rebalancing measures from 2018 and 2020, effectively targeting EUR 4.5 billion worth of US goods exported to us.
Second, the Commission is taking decisive steps towards a package of additional countermeasures applying to EUR 18 billion of US exports to the EU.
Over the next two weeks, we will consult with key stakeholders to help us shape this new package:
The objective is to counterbalance the increased trade value affected by the US tariffs, while minimising the impact on European businesses and consumers. But the disruption caused by tariffs is avoidable if the US Administration accepts our extended hand and works with us to strike a deal.
Under the President's leadership, I am ready to negotiate. We are ready to make it happen.
March infringements package: key decisions
In its regular 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 key decisions taken by the Commission are presented below and grouped by policy area. The Commission is also closing 91 cases in which the issues with the Member States concerned have been solved without the Commission needing to pursue the procedure further.
For more information on the EU infringement procedure, see the full Q&A. For more detail on the history of a case, you can consult the infringement decisions' register.
1. Environment
(For more information: Maciej Berestecki – Tel.: +32 2 296 64 83; Maëlys Dreux – Tel.: +32 229 54673)
Letter of formal notice
Commission calls on ESTONIA to correctly transpose EU legislation on medium combustion plants
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Estonia (INFR(2024)2278) for failing to correctly transpose the Directive on limiting emissions of certain pollutants into the air from medium combustion plants (Directive (EU) 2015/2193). This Directive aims to reduce air pollution by setting emission limit values for medium combustion plants. These plants are used for a wide variety of applications including electricity generation, domestic or residential heating and cooling, and providing heat or steam for industrial processes. They are a significant source of emissions of sulphur dioxide, nitrogen oxides and dust. Respecting EU rules on emission limit values and air quality standards is key to effectively protect human health and safeguard the natural environment. Estonia has failed to transpose some of the Directive's obligations (for instance certain requirements concerning the role of responsible authorities, or concerning the periods of start-up and shut-down of medium combustion plants). The Commission is therefore sending a letter of formal notice to Estonia, 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.
2. Internal Market, Industry, Entrepreneurship and SMEs
(For more information: Lea Zuber – Tel.: +32 2 295 62 98; Federica Miccoli – Tel.: +32 229-58300)
Commission calls on ITALY to ensure compliance with EU rules on free movement of goods
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Italy (INFR(2025)4000) for failing to address the incompatibility of its labelling requirements with Articles 34-36 of the Treaty on the Functioning of the European Union (TFEU). Italy introduced an obligation to affix on consumer products a specific indication informing that the product's quantity has been reduced while its packaging remains unchanged, leading to an increase in the price per unit. While the Commission acknowledges the importance of informing consumers about such changes, requiring this information to be displayed directly on each concerned product does not seem proportionate. National labelling requirements constitute a major internal market barrier and seriously undermine the free movement of goods. The Commission considers that the Italian authorities have not provided sufficient evidence concerning the proportionality of the measure, as other less restrictive options are available (e.g. displaying the same information near the products concerned). According to the Commission, Italy is also in breach of the Single Market Transparency Directive (Directive (EU) 2015/1535) since the measure was adopted during the standstill period following Italy's notification of the draft law and without considering the detailed opinion issued by the Commission. The Commission is therefore sending a letter of formal notice to Italy, 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.
3. Migration, Home Affairs and Security Union
(For more information: Markus Lammert – Tel.: +32 2 296 75 33; Elettra Di Massa – Tel.: +32 2 298 21 61)
Commission calls on HUNGARY to correctly transpose certain provisions of the Firearms Directive
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Hungary (INFR(2025)2004) for failing to correctly transpose certain provisions of Directive (EU) 2021/555 on the control of the acquisition and possession of weapons (Firearms Directive) and the Commission Implementing Directive (EU) 2019/69 on alarm and signal weapons. The Firearms Directive sets common minimum standards on the acquisition, possession, and commercial exchange of civilian firearms, for example firearms used for sport shooting and hunting. It also sets high standards of security and protection against criminal acts and illicit trafficking of firearms. Hungary had until 14 December 2019 to transpose the Firearms Directive into national law. The Implementing Directive sets technical specifications for alarm and signal weapons (which only discharge blank ammunition or irritants) to better prevent their illegal conversion into lethal firearms. The deadline for Member States to transpose this Implementing Directive was 17 January 2020. The Commission has identified conformity issues concerning the lifecycle of firearms, ammunition and alarm and signal weapons, technical specifications as well as criminal sanctions. The Commission is therefore sending a letter of formal notice to Hungary, 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.
4. Justice
(For more information: Markus Lammert – Tel.: +32 2 296 75 33; Yuliya Matsyk - Tel.: +32 2 226 27 16)
(For more information on ‘Equality': Eva Hrnčířová – Tel.: +32 2 298 84 33; Daniel Puglisi – Tel.: +32 2 296 91 40)
Letter of formal notice and additional letter of formal notice
Commission calls on FRANCE to comply with EU rules on effective insolvency protection for package travellers
The European Commission decided to open an infringement procedure by sending a letter of formal notice to France (INFR(2025)2003) for failure to correctly transpose the Package Travel Directive (Directive 2015/2302/EU). The Directive requires organisers of travel packages to provide a guarantee ensuring refunds and repatriation for travellers in the event of the organiser's insolvency. This protection must cover both direct sales and sales of packages via retailers, such as travel agencies. Travellers must be protected regardless of their residence, or the Member State where the package was sold. French legislation states that the retailers are liable for the performance of a package holiday sold to a consumer in addition to the organiser of the package. However, the Commission considers that French legislation does not sufficiently guarantee the required protection of travellers when a package is sold via a retailer in another Member State or when the French organiser becomes insolvent. The Commission is therefore sending a letter of formal notice to France, 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 calls on POLAND to comply with EU rules on free movement of persons within the EU as regards extended family members
The European Commission decided to send an additional letter of formal notice to Poland (INFR(2011)2074) for incorrectly transposing the Free Movement Directive (Directive 2004/38/EC). The Directive requires Member States to allow and facilitate the entry and residence of extended family members of EU citizens. Under EU law, these family members then have the same rights as immediate family members. However, under Polish law, extended family members who are EU citizens are subject to additional conditions to acquire a right of permanent residence, compared to immediate family members. In addition, extended family members who are third-country nationals are subject to rules of general immigration law, for example, they only obtain the right to take up employment with a working permit. Following recent case-law of the Court of Justice of the European Union clarifying the rights of extended family members and having analysed legislative amendments notified by Poland so far, the Commission considers that further provisions of the Directive are being incorrectly transposed by Poland. The Commission is therefore sending an additional letter of formal notice to Poland, 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.
Reasoned opinions and additional reasoned opinion
Commission calls on CZECHIA, GERMANY, CROATIA and LATVIA to correctly transpose the Framework Decision on the European Arrest Warrant
Today, the European Commission decided to send a reasoned opinion to Czechia (INFR(2020)2312), Germany (INFR(2020)2361), Croatia (INFR(2021)2111) and Latvia (INFR(2021)2239) 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 European Arrest Warrant has replaced the lengthy extradition procedures that existed between EU Member States. The Commission sent letters of formal notice to Czechia, Germany, Croatia and Latvia in 2021, as well as additional letters of formal notice to Czechia in 2023 and Germany, Croatia and Latvia in 2024. After analysing their replies, the Commission concluded that these four Member States failed to correctly transpose into their national law certain provisions of the Framework Decision. Czechia failed to fully transpose the provisions related to the situation pending the decision on surrender, as well as the privilege and immunity. Germany failed to fully transpose the provisions related to the competing international obligations and those related to the optional and mandatory grounds for refusal, the competent executing judicial authority, the renunciation of entitlement to specialty rule, the decision in the event of multiple requests, the privileges and immunities, the situation pending the decision on surrender and the transit. Croatia failed to correctly transpose the provisions related to the guarantees to be given by the issuing Member State in particular cases, and to the situation pending the decision on surrender. Latvia failed to completely transpose the provisions related to trials in absentia and the optional ground for refusal, the time limits to take the decision on surrender, and privilege and immunity. Therefore, the Commission has decided to issue reasoned opinions to Czechia, Germany, Croatia and Latvia, 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 SLOVAKIA and FINLAND to fully transpose the Directive on procedural safeguards for children in criminal proceedings
The European Commission decided to send a reasoned opinion to Slovakia (INFR(2023)2108) and Finland (INFR(2023)2126) for failing to fully transpose the Directive on procedural safeguards for children in criminal proceedings (Directive (EU) 2016/800) into national law. This Directive aims to guarantee common minimum standards regarding the rights of children who are suspects or accused persons in criminal proceedings to ensure their right to a fair trial across the EU. The Commission sent a letter of formal notice to Slovakia and Finland in 2023. After analysing their replies, the Commission concluded that both Slovakia and Finland continue to fail to correctly transpose some of the Directive's requirements. Slovakia still failed to include a reference to the Directive in or accompanying the adoption of transposing measures. Finland failed to transpose the presumption of minority set out in the Directive in cases where the age of a young person is in doubt and the requirement to update the individual assessment of the child throughout the proceedings. Therefore, the Commission has decided to issue a reasoned opinion to Slovakia 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 BULGARIA to correctly transpose into its national law EU rules on the right of access to information in criminal proceedings
Today, the European Commission decided to send an additional reasoned opinion to Bulgaria (INFR(2021)2098) for failing to correctly transpose the Directive on the right to information in criminal proceedings (Directive 2012/13/EU). This Directive aims to ensure that persons suspected or accused in criminal proceedings or subject to a European Arrest Warrant (EAW) are given adequate information about their rights. The Commission sent a letter of formal notice to Bulgaria in September 2021 and a reasoned opinion in September 2023. It considers that the national transposition measures notified by Bulgaria fall short of the requirements of the Directive. Bulgarian law does not cover persons who are de facto suspected of having committed a criminal offence but who have not yet been officially recognised as accused persons. This means that, in Bulgaria, persons who are only suspected and not yet officially accused of having committed a criminal offence do not enjoy the rights to which they are entitled under the Directive, which can significantly impact the fairness of their trial. This issue interlinks with the incorrect transposition of substantive rights set out in the Directive, such as the right to information about rights, which Bulgarian law does not extend to de facto suspects. While Bulgaria has taken steps to address some of the identified grievances, such as concerning the right of access to the materials of the case, the additional measures adopted are also not sufficient to ensure the correct transposition of these rights. Therefore, the Commission decided on 15 July 2024 to refer the case to the Court of Justice of the European Union. Due to the complexity of the case and to respond to additional information from Bulgaria, it has, however, since been decided to issue an additional reasoned opinion to Bulgaria. Bulgaria now has 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.
Commission calls on GREECE to fully transpose into its national law EU requirements on accessibility requirements for products and services
Today, the European Commission decided to send a reasoned opinion to Greece (INFR(2022)0297) for failing to fully transpose the European Accessibility Act into national law (Directive (EU) 2019/882). The European Accessibility Act requires key products and services such as phones, computers, e-books, banking services and electronic communications to be accessible for persons with disabilities. Member States had until 28 June 2022 to transpose the provisions of the Directive into national law. On 19 July 2022, the Commission sent a letter of formal notice to Greece for failing to notify any transposition measure by the deadline of the Directive. Greece subsequently submitted transposition measures self-assessed as complete. However, following a detailed analysis, the Commission services found some remaining transposition gaps. Therefore, the Commission has decided to issue a reasoned opinion to Greece, which now has 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.
5. Energy and climate
(For more information: Anna-Kaisa Itkonen – Tel.: +32 2 295 75 01; Giulia Bedini – Tel.: +32 2 295 86 61; Ana Crespo Parrondo – Tel.: +32 2 298 13 25)
Reasoned opinions
Commission urges BELGIUM, ESTONIA, CROATIA, POLAND and SLOVAKIA to send their final updated National Energy and Climate Plans
Today, the European Commission decided to send reasoned opinions to Belgium (INFR(2024)2252), Estonia (INFR(2024)2257), Croatia (INFR(2024)2256), Poland (INFR(2024)2260) and Slovakia (INFR(2024)2262) for failing to submit their final updated integrated National Energy and Climate Plans (NECPs) in line with the Regulation (EU) 2018/1999 on the Governance of the Energy Union and Climate Action. The final updated NECPs are crucial tools for ensuring that Member States set out a concrete roadmap to achieve the agreed EU goals for greenhouse gas emissions reduction, renewable energy and energy efficiency, among others. They are also key for the European Commission to assess where Member States stand collectively in terms of ambition towards the 2030 climate and energy targets. Under Article 14(2) of the Governance Regulation, all Member States had to submit their final updated NECPs by 30 June 2024. So far, the Commission has received 22 final Plans. Following extensive exchanges after the submission of draft Plans and adoption of Commission recommendations to the Member States, in November 2024, the Commission sent letters of formal notice to 13 Member States for not submitting their final updated NECPs. After analysing their replies and given that these five Member States have not yet submitted their final updated NECPs, the Commission has decided to issue reasoned opinions to Belgium, Estonia, Croatia, Poland and Slovakia. The five Member States now have two months to remedy the situation and submit their final updated NECPs to the Commission. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union.
Commission urges HUNGARY not to undermine the Union's position on intra-EU arbitrations under the Energy Charter Treaty and to abide by the case law of the Court of Justice
Today, the European Commission decided to send a reasoned opinion to Hungary (INFR(2024)2206) for undermining the Union's position on the international stage with regard to the prohibition of intra-EU investor-State arbitrations related to the Energy Charter Treaty (ECT). Furthermore, the Hungarian position contradicts the case law of the Court of Justice of the European Union. On 26 June 2024, the Union and 26 Member States signed a Declaration on the legal consequences of the Komstroy judgment, in which the Court of Justice held that the arbitration clause of the ECT is not applicable to disputes between a Member State and an investor from another Member State concerning an investment made by the latter in the first Member State. This Declaration complemented an agreement reaffirming the Union's long settled position that the arbitration clause provided in the Energy Charter Treaty does not apply – and has never applied – in the relations between an EU investor and an EU country, or the Union. On the same day, Hungary adopted a unilateral declaration claiming that the Komstroy judgment can only take effect for future intra-EU investor-State arbitration proceedings, once the Energy Charter Treaty has been amended. On 25 July 2024, the Commission opened an infringement procedure against Hungary as its unilateral declaration contradicts the decision of the Court of Justice, as well as the Union's position vis-à-vis arbitration tribunals and courts of third countries. The Commission considers that none of the considerations set forth by the Hungarian authorities in their reply address the concerns set out in the letter of formal notice. Therefore, the Commission has decided to issue a reasoned opinion to Hungary, which now has 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.
6. Taxation
(For more information: Anna-Kaisa Itkonen – Tel.: +32 2 295 75 01; Saul Louis Goulding – Tel.: +32 229-64735)
Reasoned opinion
The Commission calls on SPAIN to allow for a deduction of directly related expenses when calculating withholding tax on cross-border royalty payments
Today, the European Commission decided to send a reasoned opinion to Spain (INFR(2021)4042), for failure to align its rules on withholding taxes charged on royalty payments received by non-resident taxpayers with the freedom to provide services (Article 56 TFEU). The Spanish tax legislation provides that, for non-resident taxpayers, the withholding tax on royalty payments is levied on the gross amount of the income without the possibility to deduct directly related expenses. While case law of the Court of Justice of the European Union (Case C-290/04) allows a Member State to charge a withholding tax on cross-border royalty payments even if it does not levy withholding taxes on purely domestic payments, it must allow the deduction of directly related expenses when determining the tax due. Therefore, the Commission has decided to issue a reasoned opinion to Spain, which now has 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.
Referral to the Court of Justice
Commission decides to refer SPAIN to the Court of Justice of the European Union due to discriminatory tax treatment of non-resident taxpayers
Today, the European Commission decided to refer Spain (INFR(2021)4035) to the Court of Justice of the European Union for having failed to remedy an infringement related to the free movement of capital (Article 63 TFEU) due to a discriminatory tax treatment of non-resident taxpayers. When a payment for transfer of assets is deferred for longer than a year or is paid in instalments over a period longer than a year, resident taxpayers may pay the tax either when the capital gain accrues or proportionally deferred on a cash flow basis. However, non-resident taxpayers are not offered this possibility of deferral and must pay the tax when the capital gains accrue at the time of the transfer of the assets. On 2 December 2021, the Commission sent Spain a letter of formal notice followed by a reasoned opinion on 23 May 2024. In its formal replies, and in subsequent technical exchanges with national authorities, Spain has maintained that its tax legislation is in line with EU law. The Commission considers that efforts by the authorities have, to date, been insufficient and is therefore referring Spain to the Court of Justice of the European Union. More information is in the press release.
CALENDAR
Calendrier du lundi 10 mars 2025 au dimanche 16 mars 2025
Thursday 13 March 2025
Mr Costas Kadis in Rome, Italy: meets with Mr Francesco Lollobrigida, Minister for Agriculture, Food Sovereignty, and Forestry of Italy; visits along Mr Francesco Lollobrigida, Minister for Agriculture, Food Sovereignty, and Forests of Italy, the General Command of the Harbourmasters' Corps; participates in the Conference ‘The fisheries sector in Italy and the European Union: challenges and opportunities'; meets with Mr Qu Dongyu, Director-General of the Food and Agriculture Organization (FAO); in Ascoli, Italy: attends a dinner along Mr Francesco Lollobrigida, local authorities and representatives of the aquaculture sector.
Friday, 14 March 2025
Mr Costas Kadis in San Benedetto del Tronto, Italy: visits along Mr Francesco Lollobrigida, Minister for Agriculture, Food Sovereignty, and Forests of Italy, the local command of the Harbourmasters' Offices – Coast Guard, the Museum of the Sea and of Fisheries History of the Marche region, the Polytechnic University of Marche; meets with representatives of local fishermen.
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Athanasios ATHANASIOU
Press Officer / Political Reporter
European Commission
Representation in Cyprus
EU House, 30 Vyronos Avenue, 1096 Nicosia
Tel: +357 22 81 75 76 Mob: +357 99 363753
Twitter: @aathans