Transcript EU accession negotiation vis-à

EU ACCESSION NEGOTIATION VISÀ-VIS INFRINGEMENT CASES DUE
TO A FAILURE TO CORRECTLY
TRANSPOSE AND IMPLEMENT
Kalin Iliev
Director
Ministry of Environment and Water
Bulgaria
WHAT IS AN INFRINGEMENT PROCEDURE
The Commission of the European Union is
responsible for ensuring that EU law is correctly
applied
 Where a MS fails to comply with EU law, the
Commission has powers to try to bring the
infringement to an end and, where necessary,
may refer the case to the European Court of
Justice.

PURPOSE OF INFRINGEMENT PROCEDURES

The purpose of the infringement procedure is to
stimulate the Member States in the fastest way to
bring their national legislation in line with the acquis
communitaire;

The aim of this procedure is NOT to bring the case in
the European Court of Justice (ECJ), but to fulfil MS
obligations in the pre- litigation phase.
IMPORTANCE OF ACCESSION NEGOTIATIONS
EU environmental acquis – over 200 pieces of
legislation (directives, regulations, decisions)




Candidate countries negotiate on the transposition and
implementation of each piece of legislation
Very important to identify sectors/directives where full
implementation is not possible from the date of accession
Transitional periods – plan the necessary time limits
Infringement procedures
TYPES OF INFRINGEMENTS

Non-communication cases - by the transposition
date the national implementing measure is not notified or
partially notified (in EC`s eye partial notification = non –
transposition)


Non-conformity cases - national legislation is not
corresponding to the text of the Directive.
Bad application cases - improper implementation
(scope, aim, wording, etc. is not in line with the Community act
and possible parallel actions in national court)
STAGES OF THE INFRINGEMENT PROCEDURE
Infringement procedure: Articles 258 and
260 of the TFEU
1.
Pre - litigation phase
•
•
2.
Letter of Formal Notice (MSs have 2 months deadline for reply)
Reasoned Opinion - (MSs have 2 months deadline for reply)
Litigation phase.
•
•
Court decision
Pre-260 letter => LFN => Court + lump sum and/or
daily penalty payment
SANCTIONS
LUMP SUM – penalizing the continuation of the
infringement between the first judgment of the
Court on non-compliance and the judgment
delivered under Article 260
 PENALTY PAYMENT - a penalty by day of delay after
the delivery of the judgment under Article 260

The two kinds of financial sanction (penalty payment
and lump sum) can apply cumulatively for the same
infringement
.
LUMP SUM - METHOD OF CALCULATION

Standard flat rate amount - 220 euro and is valid for all MS for all
cases

Coefficient for seriousness – from 1 to 20. Determined by the EC,
taking into account the importance of the Community rules
breached and the impact of the infringement on general and
particular interests

the number of days the infringement persists - the number of
days between the first and the second Court judgment

„n“ factor – determined for each MS. Takes into account the
capacity of the Member States to pay (gross domestic product
(GDP)) and the number of votes it has in the Council. For BG 1,52.
PENALTY PAYMENT – METHOD OF CALCULATION

Standard flat rate amount - 650 euro and is valid for
all MS for all cases

Coefficients for seriousness – from 1 to 20

Coefficient for duration – from 1 to 3

„n“ factor – determined for each MS. Takes into
account the capacity of the Member States to pay
(gross domestic product (GDP)) and the number of
votes it has in the Council. For BG - 1,52.
STATISTICS ON THE 419 OPEN CASES (ALL SECTORS)
INFRINGEMENTS DATA BASE – 29/3/2011
49
50
45
40
35
30
27
24
25
20
20
15
16
16
BG
HU
18
18
BE
UK
21
28
25
22
15
10
5
6
6
LU
LV
7
7
DK
LT
8
8
AT
EE
9
10
10
MT
RO
10
11
12
12
4
0
NL
FI
SI
DE
SE
SK
CY
CZ
FR
PL
PT
IE
EL
ES
IT
10
INFRINGEMENTS PER
MEMBER STATE - 2013
INFRINGEMENTS BY
ENVIRONMENTAL SECTOR - 2013
ADVISES FROM A MS

Create good recording system for directives/handling of
complaints

Create good monitoring system
directives/handling of complaints

Concentrate handling of infringements, combine political and
legal pressure
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Create good contacts with Commission – formal and informal
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Keep your PermRep involved

Regard time limits, formal requirements
for
implementation
of