Commission takes action to ensure complete and timely transposition of EU directives - European Commission
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Representation in Malta
  • News article
  • 27 March 2025
  • Representation in Malta
  • 5 min read

Commission takes action to ensure complete and timely transposition of EU directives

European flags of the Berlaymont fly at half-mast as a sign of European solidarity and out of respect for the victims of the attack at the education centre in Örebro, Sweden

The European Commission is taking action against several EU Member States that have failed to notify the Commission of measures they have adopted to transpose EU Directives into their national laws. The deadline to transpose these Directives has expired recently. The Commission is sending a letter of formal notice to these Member States, giving them two months to reply and complete the transposition of the Directives. If they fail to do so, the Commission may issue a stronger warning, known as a reasoned opinion. The Member States in question have failed to fully transpose five EU directives related to energy, health, financial stability, and transport. The Commission is urging them to take immediate action to bring their laws in line with EU requirements.

Commission calls on Member States to transpose the new electricity market design rules
Today, the European Commission decided to open infringement procedures by sending letters of formal notice to 26 Member States (Belgium, Bulgaria, Czechia, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland and Sweden) for failing to fully transpose into national law some of the provisions of the amending Directive EU/2024/1711 which was adopted last year. Member States had to notify the transposition of the Directive by 17 January 2025, except for provisions on free choice of supplier and energy sharing, for which they have until 17 July 2026. Devised in the wake of the surge in energy prices and agreed by the Member States and the European Parliament last year, the new rules aim at making electricity prices for consumers more stable and less dependent on the price of fossil fuels. The implementation of the legislation is key to ensure that European consumers (both households and businesses) face energy costs that are more reflective of the cheaper production costs of renewables, and that the prices are more predictable. The reformed electricity market design also allows for better consumer protection, both in terms of wider choice at the signature of contracts as well as in case of disconnection. To date, only Denmark declared full transposition of the Directive by the legal deadline. The Commission is therefore sending letters of formal notice to the other 26 Member States. They now have two months to respond, complete their transposition and notify their measures to the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

Commission calls on Member States to transpose the agreed provisions on phasing out financial incentives for stand-alone boilers powered by fossil fuels under the revised Energy Performance of Buildings Directive
Today, the European Commission decided to open infringement procedures by sending letters of formal notice to 9 Member States (Belgium, Bulgaria, Germany, Greece, Luxembourg, Austria, Poland, Romania and Slovenia) for failing to fully transpose into national law Article 17(15) of the revised Energy Performance of Buildings Directive (EPBD) Directive (EU) 2024/1275. The revised Directive entered into force on 28 May 2024, with a general transposition deadline of 29 May 2026, while the phasing-out of financial incentives for boilers powered by fossil fuels set out in Article 17(15) must have been transposed on 1 January 2025. The EPBD sets out how the EU can achieve a fully decarbonised building stock by 2050 and thereby reduce energy bills for European citizens by structurally boosting the energy performance of buildings. In this context,  as from 1 January 2025 at the latest, Member States must not provide any financial incentives for the installation of new stand-alone boilers powered by fossil fuels. To date, nine Member States have not declared full transposition of Article 17(15) by the legal deadline. The Commission is therefore sending them letters of formal notice. These Member States now have two months to respond, complete their transposition and notify their measures to the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

Commission calls on Member States to fully transpose the Digital Operational Resilience Act (DORA) Directive
The European Commission decided to open infringement procedures by sending a letter of formal notice to 13 Member States (Belgium, Bulgaria, Denmark, Greece, Spain, France, Latvia, Lithuania, Malta, Poland, Portugal, Romania and Slovenia) for failing to fully transpose the DORA Directive (Directive (EU) 2022/2556). Member States had to transpose the DORA Directive into national law by 17 January 2025. The DORA Directive aims to establish clear and consistent digital operational resilience rules for financial entities such as banks, insurance companies and investment firms, thereby guaranteeing the smooth functioning of the single market. Full implementation of the legislation is key to strengthen the digital operational resilience of financial entities across the EU by addressing risks associated with the increasing digitalisation of financial services. The Commission is therefore sending letters of formal notice to the 13 Member States concerned that will have two months to respond and to complete their transposition and notify their measures to the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

Commission calls on Member States to fully transpose social legislation in road transport
Today, the European Commission decided to initiate infringement procedures by sending a letter of formal notice to 16 Member States (Belgium, Bulgaria, Denmark, Germany, Estonia, Croatia, Italy, Cyprus, Luxembourg, Hungary, Austria, Portugal, Slovenia, Slovakia, Finland, Sweden) for failing to fully transpose social legislation related to road transport activities. Member States were required to transpose Delegated Directive 2024/846 into national law by 14 February 2025. The directive updates the rules for classifying offenses that can result in road transport operators losing their good reputation, as outlined in Regulation 1071/2009, which sets the common standards for road transport operators to provide road transport services within the EU. The Commission is therefore sending letters of formal notice to the Member States concerned that now have two months to respond and to complete their transposition and notify their measures to the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

Commission calls on Member States to fully transpose the Directive on 2-methyloxolane as an extraction solvent used in the production of foodstuffs and food ingredients
Today, the European Commission decided to open infringement procedures by sending a letter of formal notice to 5 Member States (Denmark, Luxembourg, Austria, Portugal, and Sweden) for failing to fully notify national measures transposing Commission Directive (EU) 2023/175. Member States had to transpose this Directive into national law by 16 February 2025. The Directive aims to include 2-methyloxolane in the Union list of authorised extraction solvents which may be used during the production of foodstuffs, of food components or of food ingredients, by amending Directive 2009/32/EC. Full implementation of the legislation is key to continuing harmonisation between all Member States in the area of food safety. The Commission is therefore sending letters of formal notice to the Member States concerned, which now have two months to respond to complete their transposition and notify their measures to the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

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Publication date
27 March 2025
Author
Representation in Malta