Warning letter to Cyprus, Cyprus, the Czech Republic, Portugal, Slovakia and Finland for failing to notify any measures to transpose three directives in the field of the environment into national law, the Commission today sent a communication on Tuesday.
As the Commission's responsible spokesman, Albert Yans, explained to the Cyprus News Agency, it has been decided that in the future the Commission will specifically notify cases of infringements resulting not from incorrect or incomplete transposition of EU legislation into national law, but from the failure to notify the Commission of any measures taken.
The three directives concern spare parts recovered from medical devices and used for their repair or upgrading (Directive (EU) 2021/1978), plastic components of coils in magnetic resonance imaging (MRI) devices (Directive (EU) 2021/1979) and for the analysis of human body fluids and/or dialysis fluids (Directive (EU) 2021/1980 on ion-selective electrodes)
According to the Commission Communication, the Commission has decided that, in addition to the infringement procedures it regularly announces, with the last one having been made public on 19 May, it will proceed to announce a cycle of "non-notification infringements".
In particular, the Commission is sending a letter of formal notice to Member States that have not communicated measures to transpose into national law EU directives whose transposition deadline has recently expired.
Five Member States have not yet notified the measures to fully transpose the three directives to the Commission. The three delegated directives amend Directive 2011/65/EU, which requires member states to ensure that electrical and electronic equipment placed on the market does not contain the hazardous substances listed in that directive.
The restriction imposed by the directive does not apply to certain exempted applications, which are regularly adapted to scientific and technical progress. The three directives amend the list of exempted applications to allow the use of four phthalates in certain medical devices.
Member States were required to transpose the provisions into national law by 30 April 2022 at the latest. The Commission will further monitor the situation and, where necessary, issue reasoned opinions, the next stage of the infringement procedure before a possible referral to the EU Court of Justice.
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