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Cyprus asked by Commission to comply with urban waste ruling or face sanctions

19/04/2023 16:09

The European Commission has sent a letter of formal notice to Cyprus calling on the country to implement a 2020 ruling of the Court of Justice of the European Union concerning the insufficient implementation of the urban waste treatment directive. The process could result to financial sanctions against Cyprus if the situation is not remedied within two months.

The procedure is part of the Commission’s April package of infringement procedures, which also include reasoned opinions to Cyprus and other member states regarding the obligation to establish Maritime Spatial Plans and the full transposition of EU rules on work-life balance for parents and carers. Also included in the package are letters of formal notice to Cyprus on the correct transposition of the Seasonal Workers Directive correctly and of the Euratom Basic Safety Standards Directive.

More specifically, the European Commission has decided to send a letter of formal notice to Cyprus (INFR(2017)2046) for its failure to swiftly and effectively implement the ruling of the Court of Justice of the European Union of 5 March 2020 (C-248/19), concerning the insufficient implementation of the urban waste water treatment Directive (Directive 91/271/EEC).

This Directive requires towns and cities to collect and properly treat urban waste water before being discharged into the environment. In 2020 the Court of Justice ruled that in 31 agglomerations, Cyprus failed to ensure that all urban water was collected or that urban waste water entering collecting systems was subject to appropriate treatment before being discharged. In order to comply with the ruling, Cyprus has committed to build collection networks or new treatment plants for all agglomerations.

According to the Commission there has been progress for two agglomerations, where urban waste water is now collected and treated. However, the remaining 29 agglomerations still do not conform to EU rules. Construction works have only started for 13 agglomerations (with compliance expected to be achieved by the end of this year) while for the other 16 agglomerations, compliance is expected to be reached by 2029.

Cyprus has two months to remedy the situation, otherwise, the Commission may decide to refer the back case to the Court of Justice of the European Union, with a proposal to impose financial sanctions to Cyprus.

A letter of formal notice is usually the first step in an infringement procedure, followed by a reasoned opinion if the member state does not comply. The final step in the procedure is to refer the case to the Court of Justice of the European Union.

April’s infringement package also includes a decision by the Commission to close seven infringement procedures against Cyprus on issues related to Home Affairs, Financial stability, Financial services and the Capital Markets Union, Taxation and Customs Union, Justice, Fundamental Rights and Citizenship and Employment, Social Affairs and Equal Opportunities.

An infringement procedure on the Cyprus Investor Citizenship Scheme that begun in October 2020 with a letter of formal notice and proceeded with the sending of a reasoned opinion in June 2021 remains open.

Maritime spatial planning

Cyprus is also one of five member states (along with Bulgaria, Greece, Italy and Romania) to receive a reasoned opinion (INFR(2021)2227) on failure to ensure proper implementation of Directive (EU) 2014/89 establishing a framework for maritime spatial planning.

The Directive sets out a common approach for EU countries to plan their maritime areas. Maritime spatial planning aims to organise human activities in marine areas to meet various ecological, economic and social objectives. Amongst these objectives there are the development of a sustainable blue economy, the sustainable use of marine resources, and the conservation of healthy marine ecosystems and biodiversity.

Coastal EU Member States are required to draw up maritime spatial plans no later than 31 March 2021, and to submit copies of the plans to the Commission and other Member States concerned within three months of their publication.

Bulgaria, Greece, Italy, Cyprus and Romania have still not established and sent copies of their maritime spatial plans to the Commission. Therefore, the Commission has decided to send them reasoned opinions. They now have two months to respond and take the necessary measures to address the shortcomings identified. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.

Work-life balance

The Commission has decided to send a reasoned opinion to 11 countries including Cyprus (INFR(2022)0341) for failing to notify national measures fully transposing EU rights on Work-Life Balance for parents and carers (Directive (EU) 2019/1158). The other affected countries are Belgium, Czechia, Ireland, Greece, Spain, France, Croatia, Luxembourg, Austria and Slovenia.

The Directive aims to foster equal participation of men and women in the labour market, by encouraging equal sharing of care responsibilities between parents. It ensures that fathers have the right to take at least ten working days of paternity leave around the time of birth of the child. The Directive also establishes a minimum of four months of parental leave, with at least two out of the four months paid and non-transferable from one parent to another. It establishes five working days per year of carers' leave for workers providing personal care or support to a relative or person living in the same household. In addition, it gives all carers and working parents of children up to eight years old the right to request flexible working arrangements.

The transposition deadline for the Directive was 2 August 2022. On 21 September 2022, the Commission sent letters of formal notice to 19 Member States for failing to communicate measures to transpose this Directive. After having analysed their replies, the Commission found that the Directive is still not fully transposed in 11 Member States, and therefore decided to take a further step in the infringement procedures by sending a reasoned opinion.

Member States now have two months to take the necessary measures to comply with the reasoned opinion. Otherwise, the Commission may decide to refer them to the Court of Justice of the European Union.

Seasonal Workers Directive

The Commission has opened infringement proceedings by sending letters of formal notice to a number of countries including Cyprus (INFR(2023)2018), for failing to transpose in a fully conform manner all provisions of the Seasonal Workers Directive (Directive 2014/36/EU). The other member states are Belgium, Bulgaria, Germany, Estonia, Greece, Italy, Latvia, Lithuania and Luxembourg.

The Directive aims at ensuring fair and transparent rules for the admission of third-country seasonal workers to the EU. It also aims at granting decent working and living conditions, equal rights and sufficient protection from exploitation. Ensuring the full respect of the Seasonal Workers Directive is an important prerequisite for attracting the workforce needed for seasonal work to the EU and it could also contribute to reducing irregular migration, according to the Commission.

The Commission considers that the Member States mentioned have incorrectly transposed and/or implemented some obligations under the Directive. They now have two months to respond to the arguments raised by the Commission. In the absence of a satisfactory response, the Commission may decide to send them a reasoned opinion.

Radiation protection

The Commission has opened three infringement procedures by sending letters of formal notice to Cyprus (INFR(2023)2033), as well as to Ireland and France, for failing to correctly transpose the revised Basic Safety Standards Directive (Council Directive 2013/59/Euratom).

The Directive, which modernises and consolidates EU radiation protection legislation, lays down basic safety standards to protect members of the public, workers and patients against the dangers arising from exposure to ionising radiation. It also includes emergency preparedness and response provisions that were strengthened following the Fukushima nuclear accident.

In those three Member States, the transposition was found to be non-conforming in certain areas covered by the Directive. The conformity issues identified by the Commission are different for each Member State and concerns specific requirements of the Directive, including in relation to non-medical and medical exposures and emergency preparedness and response; to building materials that are of concern from a radiation protection point of view; the management of orphan sources and the powers assigned to their competent authorities; and concerning the provision of information to workers and occupational exposures.

These Member States now have two months to reply and address the shortcomings identified by the Commission. Otherwise, the Commission may decide to send them a reasoned opinion.