Romania's high arrears to the European Commission



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  European Commission

The European Commission has drawn the attention of Romania to the breach of its obligations as a Member State in several areas such as PNR (PNR); entry, residence and mobility conditions for students and researchers from third countries; car insurance; recognition of professional qualifications; protective measures for laboratory animals; cyber security; sulfur dioxide emissions. In addition, our country must implement the EU rules on industrial emissions. The Commission decided on 19 July to send letters of formal notice to the following Member States: Austria, Bulgaria, Cyprus, Estonia, Finland, France, Greece, Luxembourg, Netherlands, Portugal, Romania, Spain, Slovenia and Czech Republic for failure to comply with their obligations communicate the adoption of national legislation fully transposing the PNR Directive (Directive 2016/681). Member States should have transposed the Directive into national law by 25 May 2018 at the latest. PNR data refer to information provided by air passengers when booking or boarding for flights. This data may include information such as the passenger's name, travel dates, route, seat number, baggage, contact information and payment methods. The Directive requires Member States to establish a national system for the collection, analysis and exchange of PNR data for law enforcement purposes, while fully respecting data protection safeguards. PNR data processing is an important tool for combating terrorism and serious crimes, helping to detect suspicious travel patterns and identifying potential offenders and terrorists, including those not known to law enforcement authorities. This is an essential part of the European security program and a cornerstone of building a real and real security union. In recent years, the Commission has spared no effort to help Member States develop their own PNR systems by providing expertise and financing, as well as facilitating the exchange of information. best practices. However, in order to help the PNR system reach its full potential, it is essential that Member States have functional systems. The Member States concerned have a period of two months to respond to the letter of formal notice, after which the Commission may consider submitting reasoned opinions. The Commission will continue to provide support and guidance to Member States that have not yet completed their implementation.

Romania and 16 other Member States (Austria, Belgium, Croatia, Cyprus, Czech Republic, Finland, France, Greece, Hungary, Latvia, Lithuania, Luxembourg, Poland, Slovenia, Spain and Sweden) have received letters of formal notice because that they did not communicate the rules of national law transposing the Directive on entry, residence and mobility conditions in the EU for third-country nationals for the purposes of research, studies, vocational training, volunteer services, student exchange programs or educational projects and au pair work (Directive 2016/801). The deadline for Member States to align their legislation with the Directive and to inform the Commission was 23 May 2018. Member States now have two months to fully transpose the Directive into national law, failing which the Commission could [19659004] Also on Thursday, Romania received a letter of formal notice concerning its national rules on mandatory motor vehicle liability insurance. In this way, the European Commission asks Romania to submit a series of comments on the current national rules, which impose the obligation to notify in advance any intention to change the premiums, as well a number of limitations on the calculation of premiums by insurers. The Commission is of the opinion that these obligations are contrary to the provisions of Articles 21 and 181 of the Solvency II Directive, as interpreted by the case-law of the Court of Justice of the EU. EU on the principle of tariff freedom. The mentioned national legislation also contains provisions obliging insurers to issue, for certain categories of vehicles, a policy valid only in the territory of Romania and to determine the amount of the premium taking into account the associated risks. According to the Commission, these provisions go against Article 14 of the Motor Insurance Directive, which requires that motor liability insurance covers the whole territory. from the Union on the basis of a single insurance premium. If Romania does not act within the next two months, the Commission may send a reasoned opinion on this matter.

The Commission also decided to send letters of formal notice to 27 Member States (all Member States) with the exception of Lithuania) on the conformity of their legislation and national practices with the EU rules on the recognition of professional qualifications (Directive 2005/36 / EC, as amended by Directive 2013/55 / ​​EU). The EU has set up a modern system of recognition of qualifications and professional experience in the EU. It helps professionals wishing to establish or offer their services in other Member States to recognize their qualifications, while ensuring a high level of protection for consumers and citizens. Ensuring the consistent application of these rules for the benefit of citizens and businesses is a major concern of the Commission. The delay letters concern crucial aspects of the functioning of the Professional Qualifications Directive, in particular the introduction of the European professional card, the alert mechanism, the possibility of partial access to a professional activity. , the proportionality of language requirements and the creation of assistance centers. In addition, the Commission also raises issues related to the transparency and proportionality of regulatory barriers to professional services, set out in part in the January 2017 Communication on Recommendations for the Regulation of Professional Services. All Member States now have two months to respond to the arguments put forward by the Commission; the Commission may decide to send them a reasoned opinion

Romania and five other Member States (Estonia, Germany, Portugal, Slovakia and Spain) have received letters of formal notice for deficiencies in the transposition into national law of EU rules on the protection of animals used for scientific purposes (Directive 2010/63 / EU). The directive, which was due to be transposed by 10 November 2012, guarantees a high level of animal welfare, while maintaining the smooth functioning of the internal market. It also aims to minimize the number of animals used in the experiments and requires the use of as many alternatives as possible. The national legislation in force in the six Member States has many shortcomings: Romanian legislation lacks sanctions and does not require the obligation to have veterinary staff on the spot. Member States have two months to respond; At the same time, the Commission has decided to send letters of formal notice to 17 Member States asking them to fully transpose into national law the first act of the European Cybersecurity legislation. . This Decision concerns the following Member States: Austria, Bulgaria, Belgium, Croatia, Denmark, France, Greece, Hungary, Ireland, Latvia, Lithuania, Luxembourg, the Netherlands, Poland, Portugal, Romania and Spain. The aim of the Network and Information Security Directive (NIS Directive, Directive 2016/1148 / EU) is to achieve a high level of network and information security in the EU by developing national capabilities in the field of cybersecurity. EU cooperation and obligation to report incidents by major service providers and digital service providers

Member States were required to transpose the NIS Directive into national law by 9 May 2018 in force in August 2016. Up to At present, 11 Member States have notified the European Commission of the complete transposition of the Directive and are currently in the process of verifying the transposition to confirm full transposition. The other Member States have a period of two months to reply to the Commission's letter of formal notice. If not, the Commission may decide to send a reasoned opinion.

The Commission also sent a letter of formal notice to Romania due to the failure of the Member State concerned to control sulfur dioxide emissions from two large combustion plants. In accordance with the Directive on industrial emissions (Directive 2010/75 / EU), which protects citizens against hazardous emissions from industrial installations, Member States must comply with a national ceiling for the emission of dust and sulfur dioxide. Facilities included in the National Transition Plan may be exempted from strict emission limits until 2020, subject to compliance with the national limit. Two large combustion plants – Govora 2 and Deva 2 – have exceeded Romania's emission limits far beyond the national limits of sulfur and dust pollution, which has had a significant impact on air pollution. Environment and public health. As Romania has not taken the necessary measures to prevent this breach, the Commission has decided to open the infringement procedure and to send a letter of formal notice to Romania. Romania has two months to respond; Otherwise, the Commission may decide to send a reasoned opinion

In addition, the Commission calls on Romania to fully transpose into EU law the EU rules on the limitation of emissions in the EU. the atmosphere of some pollutants from medium combustion plants. ]. The directive regulates emissions of SO2, NOx and dust into the atmosphere in order to reduce these emissions and the risks to human health and the environment that they can cause. It also sets rules for monitoring carbon monoxide emissions. Member States were required to communicate national measures transposing the Directive into national law before 19 December 2017. As Romania had not complied with the deadline, the Commission sent a letter of formal notice in January 2018 As Romania has not yet communicated the measures, the Commission is now sending a reasoned opinion. Romania has two months to respond. In the absence of an appropriate answer, the Commission may refer the matter to the Court of Justice of the European Union for Romania

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