The reasoned opinions concern Cyprus' non-compliance with the directive on the limitation of pollutants from medium-sized combustion plants and the insufficient transposition into national law of EU rules on the promotion of the use of energy from renewable sources.
Two more reasoned opinions concern the failure to notify the Commission of measures transposing the directives on the exercise of copyright and related rights applicable to certain online broadcasting services and on the digital single market.
In the context of the May infringement package, reference is also made to a letter of formal notice (the first stage of the infringement procedure) pending against Cyprus since February for failure to correctly transpose into national law EU rules on combating, through criminal law, fraud against the financial interests of the Union.
The notifications are made in the context of the Commission's practice of infringement proceedings against Member States for failure to comply with EU law.
Pollutants from medium-sized combustion plants
The Commission has decided to send a reasoned opinion [INFR(2021)2089] to Cyprus calling on the country to fully transpose the Directive on the limitation of emissions of certain pollutants into the air from medium-sized combustion plants [DIRECTIVE (EU) 2015/2193].
These plants have a wide range of applications, including in the generation of electricity, the provision of heating and cooling for domestic use and the supply of heat or steam for industrial processes. These plants are a significant source of emissions of sulphur dioxide, nitrogen oxide and dust, thus contributing to air pollution.
The European Green Deal, with its ambition of zero pollution, emphasises the reduction of air pollution, which is one of the main factors adversely affecting human health. The Directive was due to be fully transposed into national law by 19 December 2017. The Commission sent a letter of formal notice to Cyprus in September 2021.
Cyprus 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.
Promoting the use of energy from renewable sources
Cyprus is one of ten countries to which the Commission has decided to send a reasoned opinion for not ensuring the full transposition into national law of the EU rules on the promotion of the use of energy from renewable sources laid down in Directive (EU) 2018/2001.
In particular, the Commission is sending a reasoned opinion to Cyprus [INFR(2021)0169] as well as to Germany, Greece, Ireland, Croatia, Luxembourg, Hungary, Poland, Portugal and Romania.
The Directive provides the legal framework for the development of renewable energy sources in the electricity, heating and cooling and transport sectors in the EU. It sets a binding EU target of at least 32% renewable energy production by 2030 and includes measures to ensure cost-effectiveness in supporting renewable energy and to simplify administrative procedures for renewable energy projects.
The Directive also facilitates citizens' participation in the energy transition and sets specific targets for increasing the share of renewable energy in the heating and cooling sector. In addition, it strengthens the criteria for ensuring the sustainability of bioenergy. The deadline for transposing the Directive into national law expired on 30 June 2021.
The Commission had sent a letter of formal notice to the above Member States in July 2021. To date, Germany, Croatia, Croatia, Hungary, Poland, Portugal and Romania have not provided the Commission with clear and precise information on the national measures they have adopted. Cyprus, Greece, Ireland, Greece and Luxembourg have only partially communicated national measures transposing the Directive.
Member States now have two months to comply with the transposition obligation and inform the Commission. Otherwise, the Commission may decide to refer cases to the Court of Justice of the European Union.
Copyright on the internet and the digital single market
Still, Cyprus is among the countries to which reasoned opinions were sent for failing to notify the Commission of measures transposing the Directive on the exercise of copyright and related rights applicable to certain online broadcasting services [DIRECTIVE (EU) 2019/789] and the related Directive on copyright in the digital single market [DIRECTIVE (EU) 2019/790].
On this issue Cyprus received two reasoned opinions [INFR(2021)0172 AND INFR(2021)0173], together with Belgium, Bulgaria, Bulgaria, Denmark, Finland, France, Greece, Ireland, Latvia, Latvia, Poland, Portugal, Slovenia, Slovakia and Sweden.
The purpose of these two Directives is to modernise copyright rules for consumers and creators in order to maximise the potential of the digital world.
The rules protect rightholders operating in different sectors, encouraging the creation and circulation of higher value content. They offer greater choice of content for users, reducing transaction costs and facilitating the distribution of radio and TV programmes across the EU.
Member States must transpose these rules into national law without further delay so that EU citizens, the creative sectors, the press, researchers, educators and cultural heritage institutions, as well as service providers across the EU can start benefiting from them.
On 23 July 2021, the Commission will adopt the new rules in the context of the European Broadcasting Convention. The Commission today followed up by sending a reasoned opinion.
The Member States concerned now have two months to remedy the situation and adopt national transposition measures for both Directives. Otherwise, the Commission may decide to refer them to the Court of Justice of the European Union.
Warning letter pending for EU budget protection
The May infringements package also recalls that Cyprus is one of several states that have received a warning letter for failing to correctly transpose into national law EU rules on combating, through criminal law, fraud against the financial interests of the Union [DIRECTIVE (EU) 2017/1371].
The reference to Cyprus follows the Commission's decision to send a letter of formal notice to Estonia, Hungary, Malta and the Netherlands. This follows warning letters on the same issue to Greece, Spain, Croatia, Latvia, Luxembourg, Portugal, Romania, Finland, Latvia, Romania and Spain in December 2021, and to Belgium, Cyprus, Slovakia, Slovenia and Sweden in February 2022. In addition, the Commission also decided to close the infringement procedure launched against Austria in September 2019.
These rules are part of the Commission's broader anti-fraud strategy and protect the EU budget by harmonising definitions, sanctions, jurisdiction rules and limitation periods related to fraud and other offences against the EU's financial interests.
Source: CNA
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