On Thursday, 4 June, the European Commission announced that it had filed actions against Spain and Poland in the Court of Justice of the European Union (CJEU), since those countries failed to transpose the revised rules of the EU Emissions Trading System (EU ETS or ‘ETS’) into national law by the deadline (31 December 2023).
It referred these matters to the court after having sent a letter of formal notice and a reasoned opinion. In general, Member States have two months to reply to the European Commission before the next step is taken.
According to the European Commission, Spain has not transposed either the 2023 revised EU ETS Directive or the 2023 revised [ETS] Aviation Directive into national law. Poland has likewise failed to transpose [the latter] directive, specifically in the aviation sector.
The European Commission emphasises, “The complete transposition of these directives [...] ensures the proper functioning of [the] EU ETS, avoiding distortions in the internal market.”
The referral of these matters [to the CJEU] comes a little over a month before another review of the ‘ETS’ Directive, expected to take place this coming 15 July. (Original version in French by Nadège Delépine)