COMMISSION STAFF WORKING PAPER Functioning of the system
Date: 2011-12-21
Institutions: European Commission
Subjects: complaint to the Commission, information system, infringement procedure (EU), institutional cooperation

EUROPEAN COMMISSION 

Brussels, 21.12.2011 
SEC(2011) 1626 final 

COMMISSION STAFF WORKING PAPER 

Functioning of the system 

Accompanying the document 

REPORT FROM THE COMMISSION 

Second Evaluation Report on EU Pilot 

{COM(2011) 930 final} 

EN 

   EN 

 
 
 
 
  
 
 
1. 

ORGANISATION IN THE COMMISSION AND IN THE MEMBER STATES 

1.1. 

Organisation in the Commission 

The  EU  Pilot  system  is  centrally  managed  by  the  Secretariat  General  of  the  Commission, 
acting as a central Contact Point for the Member States. The Secretariat General is responsible 
for  the  overall  management  of  the  system,  monitoring  its  functioning,  developing  the  IT 
application, responding to questions and providing guidance on its operation. 

Each Commission service responsible for the application of EU law has put a team of Contact 
Points in place (usually consisting of 1 to 6 people). The Contact Points in the services initiate 
files  and  ensure  the  coherence  of  the  system  in  the  Directorate  General  concerned.  They 
attribute files to file-handlers and are responsible for contacts with the Member States. 

File-handlers  in  each  Directorate  General  of  the  Commission  draft  requests  for  information 
(explanations,  issue  descriptions  and  questions)  to  Member  States  and  upload  them  into  the 
system. They  assess  responses  provided by the Member States and propose  any  appropriate 
follow-up. 

1.2. 

Organisation in the Member States 

As with the Commission services, each Member State appoints a Central Contact Point who is 
responsible for the overall management of the process. The main task of these Contact Points 
is  to  ensure  coordination  between  the  authorities  of  the  Member  State  and  the  Commission 
services. 

The form of organization varies according to the Member State: 

Austria 
The  Austrian  contact  point  is  located  in  the  Federal  Chancellery  in  the  division  which  is 
responsible  for  infringement  cases  with  the  EU  Commission  and  procedures  at  the  ECJ.  It 
attributes  the  files  submitted  through  EU  Pilot  to  the  competent  ministries  or  regions  and 
coordinates the official Austrian responses. 

Belgium 
The Contact Point is part of the European Law Directorate within the Directorate General for 
Legal  Affairs  of  the  Federal  Public  Service  of  Foreign  Affairs,  Foreign  Trade  and 
Development  Cooperation.  This  Directorate  is  also  responsible  for  the  coordination  of 
infringement cases and transposition. The Contact Point attributes the files to the competent 
authorities  and  monitors  the  overall  operation  of  the  EU  Pilot.  The  responsible  authorities 
upload their answer in the system, but will not send their answer to the Commission. It is up 
to  the  Contact  Point  to  send  the  Belgian  answer  to  the  Commission  once  the  answer  of  all 
competent authorities is received. 

Bulgaria 
The  Contact  Point  is  located  in  the  EU  Affairs  Directorate  of  the  Council  of  Ministers’ 
administration,  which  is  also  responsible  for  the  management  of  infringement  and  SOLVIT 
cases.  After  the  file  is  received  in  EU  Pilot,  it  is  uploaded  into  an  internal  database 
(INFRASOLVE),  which  sends  automatic  notifications  to  the  line  ministries  responsible  for 
the  matter  in  question.  The  line  ministries  prepare  draft  answers,  consult  on  them  within  a 
relevant  working  group  (there  are  35  inter-ministerial  working  groups  on  different  EU 

EN 

2 

   EN 

 
policies, which communicate mostly via e-mail). The final replies are sent for information to 
the  members  of  the  Council  on  EU  Affairs  and  uploaded  by  the  Contact  Point  into  the  EU 
Pilot database. 

Cyprus  
The contact  point is  a Counsel of  the Republic working in the EU  Law  Section  of the Law 
Office  of  the  Republic  of  Cyprus,  which  is  also  in  charge  of  the  infringement  proceedings. 
The EU Pilot files are attributed to a file handler within the Law Office of the Republic, who 
forwards them to the Ministry concerned. A deadline is set for the competent Ministry to deal 
with the case and to submit a draft of the answer proposed. The answer is finalized by the file 
handler. The answer is uploaded to the system by the contact point. 

Czech Republic 

The  Czech  Contact  Point  is  located  in  the  EU  Law  Department  of the Foreign  Affairs 
Ministry. The same department is in charge of the infringement proceedings; however, there 
is shared responsibility among the Ministry of Foreign Affairs and the competent Ministry. 

Denmark 

The Contact Point belongs to the Ministry of Foreign Affairs. EU Pilot files are treated by a 
special committee for Legal Affairs, chaired by the Ministry of Justice. Files are forwarded to 
all Ministries concerned and discussed in the committee. 

Estonia 
The Contact Point is located in the EU Litigation unit of the Ministry of Foreign Affairs. The 
unit  is  also  responsible  for  coordination  of  infringement  cases  and  litigation  before  the 
European Court.  
The Contact Point attributes EU Pilot cases to the contact officer in the Ministry in charge and 
forwards the Ministry's response to the Commission via the EU Pilot database. The Contact 
Point fulfils an overall monitoring and coordination function, but as a rule is not involved in 
preparing the answer. 

Finland 
The Contact Point has been set up in the Ministry for Foreign Affairs Unit for EU Litigation 
which is also responsible for the preparation of EU court cases and infringement matters. The 
Contact  Point  attributes  the  cases  covered  by  the  Pilot  project  to  the  contact  officer  in  the 
Ministry  in  charge  and  forwards  the  Ministry’s  response  to  the  Commission  through  the 
Pilot’s IT system. The Contact Point does not take part in the preparation of the answer. If the 
case falls within the sphere of authority of several ministries, they take care, as a rule, of the 
coordination of the matter among themselves. The same procedure is applied if the response 
requires the participation of the Åland Islands in the consideration of the case. 

France 
The Contact Point has been set up in the Legal service of the Secretariat General of European 
Affairs  which  depends  directly  from  the  Prime  Minister.  The  Legal  service  is  also  dealing 
with litigation cases and preliminary references before the ECJ, but the EU Pilot team itself is 
also working on SOLVIT. Another Contact Point belongs to the Permanent Representation in 
Brussels.  All  correspondence  from  the  Commission  and  vice  versa  is  channeled  by  these 
Contacts  Points.  In  order  to  elaborate  a  satisfying  answer  for  the  Commission,  the  Contact 
Point  informs  the  concerned  person  in  the  Legal  service  and  transmits  the  file  to  the 

EN 

3 

   EN 

 
competent units of the Secretariat General of European Affairs which consult every concerned 
Ministry,  set  a  deadline  for  preliminary  responses  allowing  sufficient  time  for  the  work 
required for any finalisation and organise meetings if necessary. The official finalised answer 
is charged in the database by the Contact Point of the Permanent Representation in Brussels.” 

Germany 
The Contact Point is part of the Federal Ministry of Economics and Technology (BMWi) and 
fulfils  an  overall  monitoring  and  coordination  function.  All  correspondence  from  the 
Commission and vice versa is channelled through BMWi. The unit in charge of the EU Pilot 
is  also  in  charge  of  infringement  cases  within  the  Federal  Government.  Although  BMWi 
checks  all  messages  to  the  Commission  and  gives  legal  advice  as  appropriate,  the  political 
responsibility  remains  with  the  line  Ministry  or  the  German  Länder  –  in  keeping  with  their 
political competence. 

Greece 
The Central Contact Points are located in the Legal Service – Department of EU Law in the 
Ministry of Foreign Affairs and the Legal Service at the Permanent Representation of Greece 
to the EU. The Legal Services are also responsible for the coordination of infringement cases 
and  administrative  letters.  They  cooperate  closely,  allocating  files  to  file-handlers,  who  are 
designated in every Ministry. The file-handlers upload answers into the EU Pilot system. The 
Department of EU Law in the Ministry of Foreign Affairs scrutinizes the answers, and ensures 
the  coordination  and  cooperation  of  the  various  competent  authorities.  Finally,  the  Contact 
Point at the Permanent Representation submits the reply to the Commission. 

Hungary 
The Contact Point for the EU Pilot is located in the Ministry of Foreign Affairs. The Section 
for  EU  Law  of  the  EU  Internal Market and  Legal Affairs Department  is responsible for the 
co-ordination  of  EU  Pilot,  as  well  as  is  in  charge  of  notification  of  national  transposing 
legislation  and  infringement  procedures.  The  Contact  Point  is  to  dispatch  the  letters  to  the 
responsible line-ministries, and to ensure that a co-ordinated answer is adopted and given to 
the Commission. The formulation of the answer is done in an expert group operated in shared 
competence by the Ministry of Foreign Affairs and the Ministry of Public Administration and 
Justice. The expert group is part of the overall governmental co-ordination system governed 
by the Inter-ministerial Co-ordination Committee for EU Affairs that oversees and manages 
all matters related to the functioning of Hungary as a Member State. 
Once  a  letter  is  received  in  the  EU  Pilot,  the  Contact  Point  establishes  the  ministry  with 
primary competence in the issue area, as well as the other concerned ministries, and sends a 
notification letter thereto asking for an official position on the matter. The answer is drafted 
by the Contact Point on the basis of the positions received from the involved ministries, and is 
conciliated and finalised in the expert group via e-mail, as a main rule. The expert group is 
convened  for  a  meeting  on  a  case-by-case  basis,  should  the  matter  at  stake  so  require.  The 
draft response is debated in the expert group until all parties reach a final agreement. Once the 
response is finalised it is uploaded by the Contact Point to the EU Pilot interface, and is sent 
back to all parties participating in the expert group for their database. 

Ireland 
The Contact Point is in the process of moving from the Department of Foreign Affairs to the 
Prime Minister’s Department. The contact point asks the responsible Departments to handle 
the  files,  which  raise  issues  falling  within  their  area  of  responsibility  in  the  system.  The 
Departments concerned upload the answers into the system. Following a recent Government 
decision, responsibility for EU affairs is to be transferred to the Prime Minister’s Department. 

EN 

4 

   EN 

 
The staff of EU Division, including those who deal with the EU Pilot, are in the process of 
transferring  from  DFA  to  the  Prime  Minister's  Department.  While  the  exact  working 
arrangements  have  yet  to  be  finalized,  it  is  expected  that  this  will  lead  to  oversight  of  EU 
legislation,  including  transposition/Pilot  and  infringements  being  centralized  in  the  Prime 
Minister's Department. 

Italy 
The Contact Point is located in the Department for European Affairs of the Prime Minister’s 
Office.  The  Department  reports  to  the  Minister  for  European  Affairs.  The  Contact  Point’s 
team deals also with infringement procedures. The files are dealt with by officials who consult 
every  concerned  Ministry,  setting  a  deadline  for  preliminary  responses  allowing  sufficient 
time for the work required for any finalisation, as necessary. The Ministries work together on 
given  cases,  which  helps  afterwards  if  the  file  becomes  an  infringement.  When  necessary, 
special coordination meetings are organized by the Contact Point on single cases. 

Latvia 
The  Contact  Point  belongs  to  the  Department  of  Cooperation  with  the  European  Court  of 
Justice under the Ministry of Justice. This department is also responsible for the coordination 
of infringement cases and representation of Latvia before the European Court of Justice.  
The Contact Point submits the documents of an EU Pilot case to the responsible institution. 
The  responsible  institution  drafts  a  reply  and  sends  it  to  the  Contact  Point  for  an  opinion. 
Afterwards, the final version is drafted by the responsible institution and sent to the Contact 
Point which uploads it into the system. The overall coordination and supervision of EU Pilot 
cases is carried out by the Contact Point, although the answer is proposed and drafted by the 
responsible  institution.  There  is  one  Contact  Point  for  EU  Pilot  cases  in  each  Ministry 
(normally  the  Contact  Point  is  the  person  who  is  responsible  for  the  coordination  of 
infringement cases). 

Lithuania 
Lithuania has opted for centralized management of EU Pilot. The Contact Point belongs to the 
European Law Department under the Ministry of Justice, which coordinates and monitors all 
the  EU  law  infringement  procedures  in  Lithuania.  The  European  Law  Department  sends 
documents received through EU Pilot to the responsible institution. With regard to complaints 
or  other  documents  delivered  through  EU  Pilot, the  State  institution  that  is  in  charge  of  the 
transposition or implementation of the relevant EU legal act drafts a reply and submits it for 
coordination to the European Law Department (if necessary, to other competent institutions as 
well).  The  European  Law  Department  provides  conclusions  on  the  draft  reply.  Then  the 
responsible  State  institution  sends  the  final  reply  to  the  European  Law  Department,  which 
submits the answer to the Commission through EU Pilot. 

Poland 
In Poland the Contact Point is located in the EU Law Department of the Ministry of Foreign 
Affairs. The Department is also in charge of infringement procedures and litigation before the 
Court of Justice of the European Union. The Contact Point attributes EU Pilot cases internally 
(to  the  file  handler  within  the  EU  Law  Department)  and  externally  (to  the  competent 
Ministries). The Contact Point sets a deadline for the competent Ministry to deal with the case 
and to submit a draft of the answer proposed. The Ministry drafts a reply and sends it to the 
Contact Point for an opinion. The reply is either accepted and uploaded in the system or re-
drafted by the relevant Ministry. 

EN 

5 

   EN 

 
Portugal 
The Contact Point is placed in the Ministry of Foreign Affairs and the same legal experts deal 
with  EU  Pilot  and  infringements  files.  They  ensure  coordination  if  several  Ministries  are 
involved. Short deadlines are set. There is one Contact Point for infringement cases, and thus 
EU Pilot files, in each Ministry. 

Romania 
The central Contact Point is located in the Ministry of European Affairs, more exactly in the 
Directorate  for  European  Law  and  Legislative  Harmonization.  A  network  of  experts  from 
each central ministry and institution has been set up in order to facilitate the inter-institutional 
communication.  These  experts  are  also  participating  in  the  Working  Group  for  European 
Litigation. Romania has opted for a centralized management of EU Pilot. The Contact Point 
attributes  the  cases  to  the  responsible  institution  (to  the  contact  person  and  by  an  official 
letter). If there are more institutions involved than the Contact Point nominates the institution 
responsible  for  drafting  the  final  response,  indicating  the  rest  of  the  institutions  that  should 
take part in the process. As a rule, the nominated institution coordinates the matter among the 
rest of the institutions. In the same time, the Contact Point is responsible for setting a deadline 
for  a  preliminary  reply  allowing  for  the  official  reply  to  be  finalized  in  due  time.  The 
European Law Directorate may provide the institutions with an informal opinion on the draft 
reply.  However,  the  responsible  institution  is  responsible  for  drafting  the  final  reply  and 
sending it to the Contact Point. The Contact Point will upload the final reply and any other 
documents in the database. Furthermore, the Contact Point is responsible for monitoring the 
overall functioning of the EU Pilot at national level. 

The Netherlands 
The central Contact Point is part of the European Law Division of the Legal Department of 
the  Ministry  of  Foreign  Affairs.  This  division  is  also  responsible  for  (the  coordination  of) 
infringement cases. The central Contact Point attributes the files to the EU Pilot coordinators 
of the department(s) concerned, uploads the answers into the system and monitors the overall 
operation of EU Pilot. When asked by the responsible Department, the central Contact Point 
can also play a more substantial role. 
A second Contact Point is located in the Permanent Representation in Brussels. This Contact 
Point transmits and draws attention to EU Pilot files within the Permanent Representation, is 
involved in organising meetings with the Commission to discuss specific EU Pilot files and 
can (if the Ministries in The Hague so desire), like the central Contact Point, be involved in 
the preparation of an answer. 

Spain 
The Contact Point belongs to the Ministry of Foreign Affairs and Cooperation. The treatment 
of EU Pilot files follows the same system as for infringement cases. The Ministry of Foreign 
Affairs  and  Cooperation  identifies  which  administration  is  responsible,  and  it  is  the 
administration  that  will  prepare  the  answer  and  send  it  to  the  Ministry  which  ensures  the 
coordination function. 

Slovakia 

The  EU  Pilot  Contact  Point  is  the  Department  of  Law  Approximation  at  the  Government 
Office  of  the  Slovak  Republic.  The  Department  examines  the  subject  matter  of  each  case 
opened  against  the  Slovak  Republic.  On  receiving  a  case,  the  Department  contacts  the 
relevant  Slovak  authorities  and  asks  for  their  statements  and  comments  on  the  case, 
coordinates  the  drawing-up  of  the  response  and  uploads  its  final  version  into  the  EU  Pilot 

EN 

6 

   EN 

 
database.  Information  on  the  EU  Pilot  cases  is  also  sent  to  the  Slovak  Permanent 
Representation to the EU, Slovak Agent before the Courts of the EU and the Slovak Ministry 
of  Foreign  Affairs.  The  Slovak  SOLVIT  Centre  is  established  at  the  Department  of  Law 
Approximation as well. 

Slovenia 

The Contact Point belongs to the Government Office for Development and European Affairs. 
The  Contact  Point  identifies  the  relevant  Ministries  and  contacts  the  Contact  Point  in  each 
Ministry.  Meetings  are  held  to  find  solutions  and  it  is  the  Government  Office  for 
Development and European Affairs that checks the answer and uploads it into the system. 

Sweden 
A  central  contact  point  has  been  appointed  within  the  Legal  Secretariat  of  the  Ministry  for 
Foreign Affairs, which receives the enquiries via an e-mail address. There are currently four 
case  handlers  together  with  the  head  of  the  EU  litigation  section  dealing  with  pilot  cases 
within the Legal Secretariat of the Ministry for Foreign Affairs. When an enquiry arrives, the 
contact  persons  analyse  it  and  identify  the  responsible  Ministry  within  the  Swedish 
Government Offices which is in charge of the question concerned, i.e. if the enquiry concerns 
taxation  it  will  be  transferred  to  the  Ministry  of  Finance,  or  if  it  concerns  environment,  the 
enquiry will be passed on to the Ministry of the Environment. 
The  responsible  Ministry  will  then  more  thoroughly  analyse  the  legal  problem/-s  of  the 
enquiry, contact relevant authorities and prepare a draft reply. The draft reply is then prepared 
collectively with the Legal Secretariat of the Ministry for Foreign Affairs, the EU Department 
at the Prime Minister’s Office and with any other Ministries concerned. Once the collective 
preparation  is  terminated  the  responsible  Ministry  will  send  the  reply  and  necessary 
attachments by means of the Pilot database. The Ministry of Foreign Affairs will also receive 
a copy of these documents. 
As displayed above, Sweden has chosen a decentralized way to organise and manage the EU 
Pilot project. 

United Kingdom 
The  Contact  Point  belongs  to  the  EU  Section  of  the  Cabinet  Office,  which  coordinates  the 
work on the EU Pilot and infringement cases. It fulfils a general role monitoring problems of 
application of EU Law. The files are sent to the lead Departments. Policy and legal experts 
draft the response and send it to the Cabinet Office who ensures the coordination function. 

EN 

7 

   EN 

 
2. 

EVALUATION OF FILES BY MEMBER STATES AND COMMISSION SERVICES 

In February 2011, the Secretariat General of the Commission conducted an evaluation of files 
closed between 01.3.2010 and 01.02.2011 with the participating Member State authorities and 
the Commission services. 

Member States and Commission services replied to the same series of questions on each file. 
The questionnaire focused on the quality and cooperation/support criteria. 

NB: No reply received from UK. 

2.1. 

Evaluation by the Member States 

2.1.1.  Quality of files – Assessment by the Member States 

QUALITY
Was the relevant EU law/legal basis clearly defined by the 
Commission services?
Number answered received = 319 out 319 files evaluated

1%

3%

96%

YES
NO
Not answered

The Member State authorities were asked to assess the quality of the files submitted to them 
by  the  Commission  services.  The  results  are  positive  as,  according  to  the  Member  State 
authorities, 96% of the files submitted to them were well prepared with a clear identification 
of the issues at stake. 

EN 

8 

   EN 

 
 
 QUALITY

Were the Commission services' requests of information 
clear?

Number answered received = 319 out 319 files evaluated

7% 2%

92%

YES
NO
Not answered

When a file is  submitted to a  Member State, the lead service of the Commission has to put 
clear questions to the national administration. Member State authorities are satisfied with 92% 
of the files. 
The  quality  of  preparation  of  the  files  is  a  key  element.  Not  only  does  it  help  the  Member 
States' Contact Point to know to which authority the file should be allocated, but it enables the 
responsible  authority  to  provide  a  constructive  answer.  The  clearer  the  description  and  the 
documents attached to the file, the quicker and more effectively the Member State will be able 
to provide a constructive answer to the Commission. 

EN 

9 

   EN 

 
 
2.1.2.  Cooperation and support - Assessment by the Member States 

COOPERATION AND SUPPORT

In case authorities needed assistance from the Commission 
services were the Commission services cooperative and ready to 
provide assistance and answer your questions? 

Number of files concerned  = 35 

11%

89%

YES
NO

EU Pilot is based on the "partnership approach" which the Commission pursues with Member 
States  in  the  application  of  EU  law.  The  EU  Pilot  project  provides  for  closer  cooperation 
between the Commission and Member State to resolve issues which are particularly relevant 
for  citizens  and  businesses.  It  is  therefore  essential,  for  the  sake  of  the  efficiency  of  the 
system, that the Commission services are cooperative and ready to provide assistance to the 
national authorities of the Member States. The results of the evaluation show that out of the 
35  files  where  the  Member  State  authorities  requested  the  assistance  and  support  of  the 
Commission services, the Member State authorities received assistance and support in 89% of 
these files. 

EN 

10 

   EN 

 
 
2.2. 

Evaluation by the Commission services 

2.2.1.  Quality of files – Assessment by the Commission' services 

QUALITY

Was the Member State's response to the questions you raised clear?

Number of answers received = 426 out of 430 files evaluated 

10%

1%

Yes
No
Not answered

89%

Another  important  key  element  in  the  treatment  of  an  EU  Pilot  file  is  the  quality  of  the 
answers provided by the Member State authorities. It can be observed that in 89% of the files, 
the  Commission  services  are  satisfied  with  the  quality  of  the  responses  proposed  by  the 
national authorities. An answer which is as complete as possible helps the competent service 
of  the  Commission  to  evaluate  whether  or  not  the  response  resolves  the  issue  and  is  in 
compliance  with  EU  law,  and  whether  the  launch  by  the  Commission  of  an  infringement 
procedure under Article 258 TFEU should be envisaged. 

EN 

11 

   EN 

 
 
2.2.2.  Cooperation and support – Assessment by the Commission' services 

COOPERATION AND SUPPORT
Was the Member State cooperative when dealing with a 
file?

Number of answered received 404 out of 430 files evaluated

6%

6%

Yes
No
Not answered

88%

As  mentioned  above,  the  EU  Pilot  working  method  is  based  on  the  partnership  and 
cooperation  approach  between  the  Commission  and  the  Member  States  The  results  of  the 
evaluation  show  that,  in  most  cases  (88%),  the  Commission  services  are  satisfied  with  the 
cooperation shown by the Member States when processing files in the system. 

EN 

12 

   EN 

 
 
3. 

STATISTICAL DATA ON THE FUNCTIONING OF EU PILOT 

The statistics below cover the period from 14 April 2008 to 09 September 2011. This period 
of  three  and  a  half  years  provides  an  exhaustive  overview  of  the  functioning  of  the  system 
since its launch. 

3.1. 

Volumes of files 

3.1.1.  Volume of files – Breakdown by Member States 

Volume of files submitted - Breakdown by Member States* - 
Period 14/04/2008 - 09/09/2011
Total of files = 2121

350

300

250

200

150

100

50

0

ES IT UK DE PT IE NL AT DK SE HU CZ PL BG LT SI

FI RO SK BE EE LV CY FR

Number of files 329 327 175 163 138 101 83 82

74

73

70

64

59

54

54

54

47

43

33 29

25

24

15

5

* Entry date in the EU Pilot operational database: 

– 

– 

– 

– 

– 

– 

14.04.2008:  Austria,  Czech  Republic,  Denmark,  Germany,  Finland,  Hungary, 
Ireland, Italy, Lithuania, The Netherlands, Portugal, Slovenia, Sweden, Spain and the 
United Kingdom 

14.09.2010: Estonia and Slovakia 

14.10.2010: Bulgaria 

03.01.2011: Belgium, Latvia, Poland and Romania 

07.03.2011: Cyprus 

05.09.2011: France and Greece 

Those Member States who have a larger population normally receive more files in EU Pilot, 
because of a higher number of citizens, businesses and civil society interests. Moreover, there 
is  a  difference  between  the  volume  of  files  between  those  Member  States  which  use  the 
system since the start in 2008 and the others which joined the system in the course of 2010 or 
2011.  Out  of  2121  files:  15.5%  of  files  were  submitted  to  Italy  and  Spain,  8%  to  United 
Kingdom, 7.7% for Germany and 6.5% for Portugal. 

EN 

13 

   EN 

 
 
3.1.2.  Volume of files – Breakdown by Commission' services 

Volume of files submitted - Breakdown by DGs - 
Period 14/04/2008 - 09/09/2011 
Total of files = 2121

SJ

1

800

600

400

200

0

ENV MARKT TAXUD MOVE SANCO JUST

EMPL

INFSO ENTR

AGRI

ENER REGIO HOME

EAC MARE CLIMA COMP ELARG ECFIN

Number of files

703

320

224

174

122

108

105

81

77

57

55

38

23

11

10

4

4

3

1

The statistics show that the subject-matter of the files confirms the existing experience of the 
volume  of  questions  and  problems  arising  in  the  different  fields  of  EU  law:  33%  of  files 
concerned  environmental  issues,  15%  internal  market,  10,5%  taxation,  8%  mobility  and 
transport and 6% health and consumer protection. 

3.2. 

Origin of files 

3.2.1.  Origin of the files – Breakdown by nature 

Files submitted in the application - Period 14/04/2008 - 09/09/2011
Breakdown by nature of  the files
Total of files: 2121

7%

44%

Inquiry
Complaint
Own Initiative

49%

It can be observed that in the EU Pilot application, 44% of the files are opened at the own-
initiative  of  the  Commission,  while  49%  of  the files  are  complaints  and  7%  of  the  files  are 
requests for information sent by citizens or businesses. 

EN 

14 

   EN 

 
 
 
3.2.2.  Origin of the files – Breakdown by origin of files 

Volume of files submitted in the application - 
Period 14/04/2008 - 09/09/2011
Breakdown by origin of the files 
Total of files: 2121

44%

15%

41%

Businesses

Citizens

Commission

The chart shows that more than half (56%) of total files in EU Pilot originate from citizens 
(41% of all files) and businesses (15%). 44% of the files are open at the own-initiative of the 
Commission. 

3.3. 

3.3.1. 

150

100

50

0

The standard 10 week benchmark1 

The standard 10 week benchmark for Member States2 

Number of average days elapsed between submission of the file and proposal of a response by the 
Member State concerned
Breakdown by Member States
Period 14/04/2008 - 09/09/2011

70 days

IE NL ES CY HU UK DK SE SI CZ IT RO FI DE BG PL AT BE EE PT SK LT LV

Days 104 76

75

74

73

72

70

70

69

65

64

64

64

63

63

62

61

61

60

58

58

56

53

Within  10  weeks,  the  Member  State  should  respond  to  the  enquiry  or  complaint  as  fully  as 
possible and propose a solution to the problems identified. It can be observed that most of the 

1 

2 

The files taken into account for the calculation of the benchmark are the files where responses to the 
files have been provided by Member States and assessed by the Commission. 
Ireland  comments  that  its  figures  include  a  small  number  of  legal  cases  for  which  responses  were 
delayed  due  to  ongoing  national  court  proceedings  and  also  reassignment  of  responsibilities  between 
some Ministries following the General Election in 2011. 

EN 

15 

   EN 

 
 
 
 
                                                 
Member  States  respect  this  benchmark.  From  the  start  of  EU  Pilot  in  2008  and  until  9 
September  2011,  the  average  time  taken  by  Member  States  for  proposing  a  response  to  the 
Commission  is  67  days,  which  is  in  line  with  the  10  weeks  fixed  for  Member  States' 
responses. 

3.3.2.  The standard 10 week benchmark for Commission' services 

Number of average days elapsed between proposal of a response by the Member States and 
acceptance/rejection of the response by the Commission' services
Breakdown by Commission' services
Period 01/03/2011 - 09/09/2011

70 days

MARE

HOME

REGIO

ENTR

ENER

INFSO

AGRI

JUST

SANCO

EAC

EMPL

ENV

COMP MARKT TAXUD MOVE

150

100

50

0

Days

139

138

125

123

115

115

104

93

92

91

85

83

83

81

81

77

*  No  data  are  available  for  the  following  Commission  services:  DG  Enlargement,  DG  Climate 
Action, DG for Economic and Financial Affairs and the Legal Service. 

The credibility of the EU Pilot project depends, inter alia, on the speed of the whole process. 
Member  States  do  their  best  to  provide  a  response  to  the  Commission  within  a  general 
benchmark of ten weeks. Citizens and businesses are also awaiting the evaluation of Member 
State's responses by the Commission. Hence a general benchmark of ten weeks is also set for 
the assessment by the Commission services of Member State authorities' responses. However, 
it is important to note that the benchmark for the Commission has only been introduced with 
the  adoption  by  the  Commission  of  its  first  evaluation  report  on  EU  Pilot  [COM(2010)70 
final] on 3 March 2010. 

Since March 2010, the average time taken by the Commission services to assess the replies 
proposed by Member States' authorities and to decide on a follow-up of the file is 102 days, 
which  is  beyond  the  general  benchmark.  The  longer  time  taken  by  Commission  services  in 
evaluating  responses  is  often  due  to  the  requests  for  additional  information  that  have  to  be 
sent to the national authorities in more complex files, as well as to translation needs. 

EN 

16 

   EN 

 
 
3.4. 

Success of the system 

3.4.1. 

Success rate – Assessment of the responses 

Success rate
Number of responses provided by Member States assessed by Commission' services - 
Breakdown by DGs - 14/04/2008 - 09/09/2011

Opening 
Infringement file

Accepted/rejected

Total of 
responses 
assessed by 
the DGs

Percentage of files with no need to 
open a formal infringement procedure 
= 
success rate

443

91

147

55

73

247

43

47

61

20

41

11

14

113

3

1

1410

57

18

55

13

26

62

0

7

14

0

4

2

4

41

0

0

303

386

73

92

42

47

185

43

40

47

20

37

9

10

72

3

1

1107

87,1%

80,2%

62,6%

76,4%

64,4%

74,9%

100,0%

85,1%

77,0%

100,0%

90,2%

81,8%

71,4%

63,7%

100,0%

100,0%

78,5%

DGs

ENV

SANCO

TAXUD

ENTR

EMPL

MARKT

AGRI

INFSO

JUST

REGIO

ENER

EAC

HOME

MOVE

MARE

COMP

Total

Nearly 80% of the responses provided by the Member States (1107 files) had been assessed as 
acceptable,  enabling  the  file  to  be  closed  without  the  need  to  launch  an  infringement 
procedure  under  Article  258  TFEU.  The  remaining  20%  (303)  for  which  no  acceptable 
solution with EU law could be found went on to the infringement phase, which had already 
been launched or was being prepared by the Commission following the processing of the file 
in EU Pilot. 

EN 

17 

   EN 

 
 
3.4.2.  Reduction in the volume of new of infringements3 

Launching of an infringement procedure during 2009, 2010 and 2011
Evolution (Reference year = 2009)

Member States

2009

2010

Evolution from 
2009 and 
2010: number 
of files

Evolution from 
2009 and 
2010: 
percentages

2011
(01/01/2011-
30/09/2011)

Evolution from 
2009 and 2011: 
number of files

Evolution from 
2009 and 2011: 
percentages

Total per year

536

296

-240

-45%

206

-330

-62%

The data in the above table indicate that since 2010 the absolute number of new infringement 
procedures launched by the Commission (adoption of a letter of formal notice under Article 
258  TFEU)  is  decreasing.  This  reduction  in  the  number  of  infringement  procedures  is  even 
more  visible  when  comparing  the  data  of  2009  with  the  data  of  2011.  Although  it  is  not 
possible to identify all the reasons for this tendency, one explanation is the setting up of EU 
Pilot, which helps to clarify and solve satisfactorily some issues regarding application of EU 
law raised by the Commission, thus putting an end to problems without the need for recourse 
to  infringement  proceedings  and,  in  case  of  complaints,  providing  more  rapid  results  for 
citizens and businesses. 

3 

Non-communication cases are not concerned by these statistics as they are excluded from the scope of EU Pilot. 

EN 

18 

   EN