Brussels, 06/06/2008 (Agence Europe) - On Thursday 5June 2008, the European Commission decided to bring or close a round of infringement proceedings for failure to meet EU rules governing public tenders, professional qualifications, financial services, competition and the environment.
Internal Market: - Letter of formal notice to Spain because of restrictions on the establishment of commercial premises in the Autonomous Community of Andalusia; - Decision to take France to the European Court of Justice for its legislation giving preference to outgoing concession-holders when concessions for works using hydraulic power come up for renewal.
Professional Qualifications: - Infringement proceedings brought against Germany on account of Saarland training legislation; - Reasoned opinions sent to eight member states, namely Germany, Estonia, Latvia, Lithuania, the Netherlands, Poland, Sweden and the United Kingdom, for failing to notify the Commission of their transposition measures for Directive 2005/36/EC on the recognition of professional qualifications; - Decision to refer Italy and Poland to the European Court of Justice over their failure to inform the Commission of measures taken to implement Directive 2006/100/EC adapting certain directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania; - Decision to send a letter of formal notice to Germany requesting it to provide information on the measures it has taken to comply with a 2007 judgement of the European Court of Justice (C-456/05) in the area of professional qualifications; - Reasoned opinions to Cyprus, the Czech Republic and the United Kingdom for failure to adopt as agreed national legislation on the mutual recognition of seafarers' certificates issued by the member states.
Public Tender: - Closure of an infringement case against Germany concerning a land sale for urban development purposes by the public utility company of the city of Flensburg; - Reasoned opinion sent to Austria concerning the award of planning services in 2007 in the context of the extension of the Montecuccoli barracks in Güssing. The services amount to €2.5 million and their value is thus more than 10 times higher than the threshold for the application of the European procurement Directive 2004/18/EC; - Reasoned opinion sent to Spain about the conclusion of two framework agreements with the company Eurocopter for the supply of helicopters for missions of surveillance and support of the national fishing fleet. Based on these framework agreements both ministries have already awarded two contracts for the supply of helicopters.
Financial Services: - Decision to refer Greece to the European Court of Justice over its failure to implement in national law the Fifth Motor insurance Directive (2005/14/EC) by the agreed date of 11 June 2007; - Closure of the infringement procedure against Austria on legislation requiring banks in the cooperative and savings banks sector to keep a liquidity reserve exclusively with their central institution in Austria.
Competition: - Reasoned opinion sent to 11 countries (Belgium, Greece, Spain, France, Italy, Lithuania, Latvia, the Netherlands, Portugal, Sweden and Slovenia) for failure to implement the Cross-Border Mergers Directive in national law; - Germany has been warned that it must comply with a European Court of Justice ruling of 23 October 2007 referring to the German 'VW Law' of 21 July 1960 privatising parts of the limited company Volkswagenwerk.
Environment: - Two final warnings to France for insufficient implementation of nature protection legislation. The first case concerns the dramatic decline of the great hamster of Alsace. The other case concerns a planned extension to the port of Saint Nazaire on the Loire, which would destroy protected wetlands; - Pursuing legal action against Italy over three cases (failure to comply fully with a European Court of Justice judgement condemning it for not carrying out an environmental impact assessment of a new waste incinerator, a river water abstraction project which is harming a protected wildlife site, and the failure of a local authority to verify whether a strategic environmental assessment of a new land-use plan was needed); - First written warning to Bulgaria for failure to designate adequate Special Protection Areas (SPAs) for migratory and vulnerable wild bird species, which violates the EU directive on the conservation of wild birds.
Taxation: - Portugal has been formally requested to change its law as regards the difference in car tax-suspension periods granted to "registered" and "recognised" vehicle traders; - Poland has been sent a reasoned opinion requesting that it brings its national rules governing the exclusions of the right to deduct VAT due or paid on certain specific motor vehicles and on the fuel acquired; - Reasoned opinion sent to Spain over its national rules governing the right to deduct VAT on imports.
Transport: - Italy has been sent a reasoned opinion over its failure to transpose correctly into national law EU legislation on the system for monitoring the traffic of ships in EU waters; - Finland has been sent a reasoned opinion for failure to transpose adequately into national law and to implement legislation on port state control; - The Commission is taking the United Kingdom to the Court of Justice for failure to comply with European employment legislation relating to road transport activities; - Procedures are being launched at the European Court of Justice against Portugal and Greece for failing to transpose the directive on the training of professional drivers and to notify measures for its implementation. (L.C./trans. fl)