REPORT FROM THE COMMISSION Monitoring the application of European Union law 2020 Annual Report
Date: 2021-07-23
Institutions: European Commission, Secretariat-General
Subjects: EU Member State, EU environmental policy, activity report, area of freedom, security and justice, coronavirus disease, epidemic, infringement procedure (EU), national implementing measure, single market

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 23.7.2021  COM(2021) 432 final  REPORT FROM THE COMMISSION Monitoring the application of European Union law   2020 Annual Report {SWD(2021) 212 final}  
 
 
Monitoring the Application of European Union Law 
2020 Annual Report 

FOREWORD .................................................................................................................................................................................................................................... 2 

I. 

II. 

III. 

IV. 

V. 

IMPLEMENTING AND ENFORCING EU LAW DURING A PANDEMIC .................................................................................................... 3 

EUROPEAN GREEN DEAL .......................................................................................................................................................................................... 5 

Clean Energy and implementing the Paris Agreement on Climate Change ...................... 6 
Sustainable transport ............................................................................................. 8 
Fisheries conservation and maritime spatial planning ................................................. 8 
Sustainable agriculture ........................................................................................... 9 
Health and food safety.......................................................................................... 10 
A EUROPE FIT FOR THE DIGITAL AGE ............................................................................................................................................................. 11 

Technology that works for people........................................................................... 11 
Digital inclusion for a better EU society ................................................................... 12 
Strengthening cybersecurity and protection from cyber threats ................................. 12 
An open, democratic and sustainable digital society ................................................. 12 
Digital transport systems ...................................................................................... 13 
Transparency of information about businesses ......................................................... 13 
AN ECONOMY THAT WORKS FOR PEOPLE ................................................................................................................................................... 14 

Working conditions ............................................................................................... 14 
Health and safety at work ..................................................................................... 15 
Labour mobility ................................................................................................... 15 
Social security coordination ................................................................................... 15 
Free movement of goods ...................................................................................... 16 
Anti-money laundering and counter terrorist financing .............................................. 16 
Retail payments ................................................................................................... 17 
Business governance and transparency .................................................................. 17 
Indirect taxation .................................................................................................. 17 
Direct taxation ..................................................................................................... 18 
Competition ........................................................................................................ 18 
Mobility and transport .......................................................................................... 19 
Internal energy market ......................................................................................... 20 
Energy security ................................................................................................... 20 
Implementing Euratom rules ................................................................................. 21 
PROMOTING OUR EUROPEAN WAY OF LIFE ............................................................................................................................................... 22 

Rule of law and fundamental rights ........................................................................ 22 
Free movement of persons .................................................................................... 23 
Equality and non-discrimination ............................................................................. 23 
Racism and xenophobia, including illegal hate speech ............................................... 24 
Consumer rights .................................................................................................. 24 
Enhancing protection of personal data .................................................................... 24 
Justice cooperation and individual guarantees in criminal law .................................... 24 
Security .............................................................................................................. 25 
New Pact on Migration and Asylum ......................................................................... 25 

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Monitoring the Application of European Union Law 
2020 Annual Report 

Foreword 

The  report  that  you  are  about  to  read  describes  the  Commission’s 
work to ensure the proper implementation and application of EU law 
throughout  2020,  a  year  where  Europe  and  the  world  were  struck 
hard by the COVID-19 pandemic. As you will see, our efforts continued unabated, and we took action 
across  the  board,  ranging  from  the  protection  of  the  environment,  the  free  movement  of  goods  and 
services to ensuring the protection of citizens’ rights. 

The  pandemic  also  had  an  impact  on  our  enforcement  work:  the  Commission  used  its  powers  as 
guardian of the Treaties to curb the effects of the initial and natural instincts of self-protection that we 
see in our Member States. Our efforts were geared towards making sure that national measures were 
proportionate  to  the  health  risks,  and  that  they  had  no  lasting  harm  on  the  rights,  freedoms  and 
livelihoods of people and businesses across the Union.  

The  cases  described  in  the  report  are  often  not  easy  –  they  frequently  bring  about  political  and 
sensitive discussions in the Member States – but we are pursuing them because it is the right thing to 
do.  Citizens’  rights  across  Member  States  must  be  protected  at  all  times,  wherever  they  live  in  the 
Union. 

This  is  also  important  for  our  future  work:  for  example,  the  full  and  correct  application  of  the 
environmental rules that already exist in our Union is key to the success of the European Green Deal, 
the very centrepiece of our post-pandemic recovery plan. 

And  in  times  of  crisis,  we  have  to  be  extra  vigilant  that  the  fundamental  rights  and  values  that  we 
share do not suddenly become negotiable, or seen as a luxury, to be put aside or restricted when the 
going gets tough.  

Our Union is built on common values and the rule of law. These values are in fact the very cornerstone 
of our Union and anchored in our Treaties and laws. Europeans are diverse, and this is something to be 
cherished, not stigmatised. It is our common rules and shared values that unite us. 

It is my deep conviction that cooperation between the Commission and the Member States is the best 
way  to  ensure  that  these  rules  and  values  are  respected  at  all  times.  I  am  pleased  to  see  that  this 
works  well  most  of  the  time:  a  timely  and  proper  implementation  of  the  agreed  rules  does  have  a 
powerful and positive impact on people’s lives. But, where implementation is lacking, this impact very 
much  depends  on  the  use of  enforcement  powers  by the  Commission. We  might not  agree  on  every 
aspect of a certain law, but we have to agree on respecting the law, the judgments of the independent 
courts that settle our disputes, and we must agree on the primacy of European law. 

Infringement procedures remain an option of last resort. If necessary, the Commission cannot and will 
not  hesitate  to  use  this  option,  to  make  sure  that  what  is  agreed  in  Brussels  and  enshrined  in  law 
actually finds its way into the lives of ordinary citizens, wherever they live in our Union. 

President of the European Commission 

Ursula von der Leyen 

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Monitoring the Application of European Union Law 
2020 Annual Report 

I. 

Implementing and enforcing EU law during a pandemic  

The  European  Commission  works  together  with  Member  States1  to  transpose,  apply  and 
implement EU law correctly and on time. The COVID-19 pandemic had a particular impact on this 
work. It put a serious strain on Member States’ administrations, particularly in the first part of the 
year, and clearly affected their capacity to implement EU law in full and on time. 

As a result, the Commission looked for ways to ease the burden on Member States in dealing with 
infringement procedures. But the Commission also made clear that it would be wrong to suspend 
its enforcement activity altogether. It has always stressed that the proper application of EU law is 
paramount,  even  in  times  of  crisis.  In  this  pandemic,  for  example,  the  proper  functioning  of  the 
single market proved crucial for keeping key supply chains intact, providing shops with food and 
making sure health services received the medical supplies they needed.  

To help the Member States navigate through the COVID-19 pandemic, the Commission issued a 
number of dedicated guidance documents across the various policy areas, including EU emergency 
assistance in cross-border healthcare cooperation, health and safety at work, passenger rights, air 
safety or on a coordinated economic response to the outbreak.  

As part of the national  responses to the pandemic, many  Member States unilaterally introduced 
export  restrictions  on  medicines,  protective  equipment  and  other  COVID-19-relevant  products, 
particularly  between  March  and  May.  Subsequently,  some  also  introduced  other  restrictions  to 
support domestic producers, for example in the food sector.  

Such measures heavily disrupt supply chains and increase shortages of essential products.  

1  

On 1 February 2020, the Withdrawal Agreement setting out arrangements for the orderly withdrawal of the United 
Kingdom  from  the  Union  entered  into  force  and  the  United  Kingdom  became  formally  a  third  country.  The 
Withdrawal  Agreement  provided  for  a  transition  period  which  started  on  1  February  2020  and  ended  on  31 
December 2020. During that transition period, and unless otherwise provided, Union law continued to apply to and in 
the  United  Kingdom,  including  infringement  procedures.  Any  reference  to  Member  States  should  therefore  be 
understood as including the United Kingdom. 

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In  the  first  half  of  2020  in  particular,  there  was  a  real  risk  of  a  domino  effect  among  Member 
States who felt compelled to adopt similar protectionist measures.  

In some cases, the Commission addressed restrictions imposed in reaction to the pandemic with 
urgent  infringement procedures.  And  it had  frequent  meetings  with Member  States  to exchange 
views on the harmful impact of such restrictions to the free movement of goods, for example in 
the  context  of  the  Single  Market  Enforcement  Task  Force.  The  task  force,  set  up  in  April  2020, 
plays an essential facilitating role as a high-level forum where Commission services and Member 
States work together to assess the state of compliance of national law with single market rules, 
and where they  discuss the most pressing single market  barriers and cross-cutting enforcement 
issues. 

The  Commission  launched  and  further  pursued  an  infringement  case  against  Bulgaria  for 
obliging retailers to offer distinct exposure and sale space for domestic food products, such as 
milk, fish, fresh meat and eggs, honey, fruits and vegetables, and to purchase 90% of milk and 
dairy products from domestic producers. 

The  Commission  also  contacted  and  persuaded  Member  States  to  avoid  adopting,  or  to  repeal, 
national laws restricting the free movement of COVID-relevant medicines and medical devices in 
the single market.  
Freedom  of  movement  also  gives  citizens  the  ability  to  travel.  Over  the  years,  a  series  of 
legislative  acts  have  been  adopted  to  ensure  a  high  level  of  protection  for  passenger  rights  in 
Europe  for  all  modes  of  transport.  Throughout  the  pandemic,  the  Commission  has  consistently 
made it clear that passenger rights remain valid and that national measures to support the travel 
industry should not affect these rights.  

Similarly, under the Package Travel Directive, organisers of package travel are obliged to refund 
advance payments within 14 days, if trips are cancelled because of unavoidable and extraordinary 
circumstances. However, following the COVID-19 outbreak, many travellers did not receive refunds 
in  accordance  with  the  Directive,  as  several  Member  States  adopted  national  rules  that  allowed 
package travel organisers to postpone reimbursement or to issue mandatory vouchers instead.  

the 

Package 

After reminding Member States of the rights of travellers 
the 
under 
Recommendation  of  13  May  2020,  the  Commission 
opened  infringement  proceedings  against  11  Member 
States who had deviated from the Directive.  

Travel  Directive 

in 

Most cases were closed  because the national  measures 
were amended or had expired.  

At  the  end  of  2020,  only  the  cases  against  Bulgaria, 
Croatia, Lithuania and Slovakia remained open. 

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II.  European Green Deal  

‘I  have  been  inspired  by  the  passion,  conviction  and  energy  of  the  millions  of  our  young 
people making their voice heard on our streets and in our hearts. It is our generational duty to 
deliver for them.’  
President von der Leyen in the Political Guidelines 

Climate change and environmental degradation are an existential threat to Europe and the world. 
The European Green Deal is the Commission’s plan to make the EU's economy sustainable. We can 
do  this  by  turning  climate  and  environmental  challenges  into  opportunities,  and  making  the 
transition just and inclusive for all.  

Protecting biodiversity 

This  is  a  key  goal  under  the  European  Green  Deal  and  the  European  Biodiversity  Strategy. 
Restoring  forests,  soils  and  wetlands  is  also  essential  for  emissions  reduction  and  climate 
adaptation. 

The Commission has pursued further infringement procedures against  Bulgaria and Germany 
for failure to protect and manage their Natura 2000 networks and decided to refer Ireland to 
the Court of Justice over its failure to take appropriate conservation measures.  

The  Commission  has  decided  to  refer  Slovakia  and  Poland  to  the  Court  of  Justice  over  their 
failure to safeguard forest habitats and species. The Commission also pursued further a case 
against France concerning illegal bird hunting and capture methods. 

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Clean air and water 

the 

The  full  implementation 
of 
quality 
air 
standards  enshrined  in 
EU 
is 
legislation 
important  to  effectively 
protect  health  and  to 
safeguard  the  natural 
environment. 
Large 
numbers  of  people  are 
still  exposed  to  harmful 
their 
substances 
in 
and 
drinking  water, 
urban wastewater is still 
not  collected  or  treated 
in  several  hundreds  of 
agglomerations.   

The  Commission  decided  to  refer  France  and 
Greece to the Court of Justice for poor air quality 
due  to  high  levels  of  particulate  matter  (PM10). 
The Commission also decided to refer Bulgaria to 
the  Court  of  Justice  over  its  failure  to  comply 
with a previous judgement on PM10; Bulgaria may 
face financial penalties.  

launched  an 

The  Commission 
infringement 
procedure  against  France  and  pursued  further  a 
case  against  Ireland  for  failure  to  fulfil  their 
obligations under EU law with regard to drinking 
water.  

In  May  and  October,  the  Commission  launched 
and  pursued  further  infringement  cases  against 
several  Member  States  to  ensure  that  urban 
wastewater is collected and treated. 

Access to justice in environmental matters  

the 

that 

various 

Access  to  justice  plays  a  key  role  in 
ensuring 
sectoral 
environmental  rules  are  properly  applied 
and  enforced,  and  that  they  meet  their 
launched 
objectives.  The  Commission 
infringement  procedures  against  Poland 
and  Bulgaria  following  decisions  by  their 
Supreme  Courts  denying  environmental 
NGOs  the  opportunity  to  legally  challenge 
air pollution plans.  

The  Commission  also  took  action  against 
16 Member States for restricting access to 
justice  under  the  Environmental  Liability 
Directive. 

Clean Energy and implementing the Paris Agreement on Climate Change  

The  European  Green  Deal  sets  an  ambitious  action  plan  for  Europe  to  become  the  world’s  first 
climate-neutral  continent  by  2050.  This  contributes  to  the  objective  of  the  Paris  Agreement  to 
keep the global temperature increase to well below 2°C and to efforts to keep it to 1.5°C. 

The EU emissions trading system continues to play a major role in reducing emissions. Throughout 
2020,  the  Commission  verified  the  completeness  of  national  laws  transposing  the  rules  for  the 
next phase of the system, covering 2021-2030. 

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2020 Annual Report 

In  the  meantime,  the  Commission  finalised  the  EU-wide  assessment  of  the  Member  States’ 
integrated national energy and climate plans for 2021-2030. It concluded that the EU is already 
on track to surpass its current 2030 target for greenhouse emissions cuts (40%). This provides a 
solid basis for raising the ambition, as outlined in the climate target plan.  

In  January  2020,  the  new  CO2  standards 
for  cars  and  vans  started  to  apply.  This 
Regulation  sets  out  the  path  towards 
reducing  CO2  emissions  from  new  light-
duty  vehicles  up  to  2030,  and  outlines 
incentives for the uptake of zero- and low-
emission  vehicles.  Under  the  Fuel  Quality 
Directive, suppliers were required to reduce 
lifetime  fuel  emissions  by  at  least  6%  by 
the end of 2020, against a 2010 baseline. 
Member  States  monitor  compliance  with 
this 
the 
report 
target  and  will 
Commission by the end of 2021. 

to 

the 

Regulation, 

Governance 

the 
Under 
Commission  has  assessed  Member  States’ 
integrated national  energy and climate plans for 
2021-2030.  These  plans 
lay  out  national 
objectives  and  targets  as  well  as  policies  and 
measures  to  meet  the  Energy  Union  objectives, 
including  the  Union's  2030  targets  for  energy 
and climate. 

This  was  followed  by  individual  assessments  of 
the national energy and climate plans submitted 
by  Member  States,  published  as  part  of  2020 
Energy Union report in October 2020. 

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Monitoring the Application of European Union Law 
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In  2020,  the  Commission’s  enforcement  action  focused  on 
implementing the Clean Energy for all Europeans package, which 
is  central  to  developing  and  delivering  on  the  European  Green 
Deal  and  will  help  to  lead  the  energy  transition  towards  a  safe, 
secure and sustainable energy sector that puts consumers first. 

A  key  element  of  the  European  Green  Deal  and  essential  for 
achieving  the  EU’s  energy  and  climate  targets  is  the  principle 
‘energy efficiency first’. The EU energy efficiency rules ultimately 
aim to reduce consumption and decrease imports. 

Sustainable transport 

The  Commission  pursued 
infringement 
further  the 
procedures 
against 
Croatia,  Czechia,  Lithuania 
the 
and 
transposition 
and 
application of the Directive 
on energy efficiency.  

Poland 

on 

The  Directive  on  deploying  alternative  fuels  infrastructure  requires  Member  States  to  develop 
national  policy frameworks for developing publicly available refuelling and recharging points for 
alternative fuel vehicles and vessels. The Directive aims to improve coordination in developing the 
required  infrastructure,  and  provide  the  long-term  security  needed  for  investment  in  the 
technology for these fuels and the vehicles that will use them. 

and 

emissions 

Intelligent  transport  systems  are  vital  for 
increasing  safety  and  tackling  Europe's 
congestion 
growing 
problems. They can make transport safer, 
more  efficient  and  more  sustainable,  by 
applying 
and 
communication  technologies  to  all modes 
of passenger and freight transport.  

information 

various 

launched  an 

The  Commission 
infringement 
procedure  against  Italy,  Portugal  and  the  United 
Kingdom for the failure to deliver their reports on 
the 
their  national  policy 
frameworks  on  alternative  fuels  infrastructure.  At 
the  end  of  the  year,  the  cases  against  Italy  and 
Portugal remained open. 

implementation  of 

Moreover,  the  integration  of  existing  technologies  can  create  new  services.  The  Commission 
launched  infringement  procedures  against  11  Member  States  for  their  failure  to  correctly  apply 
provisions  adopted  to  supplement  the  Intelligent  Transport  Systems  Directive.  These  provisions 
relate to aspects such as access to road safety-related traffic data, real-time traffic information, 
EU-wide multimodal travel information and access to safe and secure parking for trucks. 

Safety  is  also  a  key  component  of  promoting  rail  transport  as  an  alternative  to  more  polluting 
transport  modes.  The  Commission  has  therefore  addressed  rail  safety  capacity  issues  by 
launching  an  infringement  procedure  against  Portugal  on  account  of  identified  shortcomings. 
These  include  its  supervision  of  safety  management  systems  run  by  railway  companies  and 
infrastructure managers, the follow-up made on safety recommendations issued by investigating 
bodies and the organisational capacity of Portugal’s national safety authority. 

Fisheries conservation and maritime spatial planning 

To  address  the  twin  challenges  of  climate  change  and  biodiversity  loss,  one  of  the  aims  of  the 
European  Green  Deal  is  to  promote  and  enhance  the  protection  and  restoration  of  natural 
ecosystems and the sustainable use of resources. At the same time, the main goal of the common 
fisheries  policy  is  to  ensure  that  the  fishing  and  aquaculture  sectors  are  environmentally, 
economically and socially sustainable.  

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This aim should be achieved 
by  bringing  fish  stocks  to 
healthy levels in all EU seas 
and  maintaining  a  healthy 
level  where this is achieved. 
It  is  therefore  important  to 
implement  measures 
to 
conserve 
restrict 
stocks, 
fishing  fleet  capacity  and 
limits  on  catches 
impose 
and  fishing  activities.  To 
ensure  the  correct  and  full 
implementation  of 
these 
measures,  an  adequate  and 
effective  fisheries  control 
system is vital.  

The  Commission  launched  infringement  proceedings 
against  Belgium  and  the  Netherlands  concerning 
weighing and registration of catches. Proper controls 
are  essential  to  make  sure  that  catch  registration 
documents are accurate, to prevent overfishing.  

The  Commission  also 
infringement 
proceedings  against  Malta,  in  particular  for  having 
failed  to  install  an  effective  monitoring,  control  and 
inspection system in Bluefin tuna farms. 

launched 

in 

to 

For  this  reason,  the  Commission’s 
2020 
strategy 
enforcement 
continued 
fisheries 
focus  on 
conservation,  control  and  enforcement 
by Member States. It launched a series 
of  dialogues  with  Member  States  on 
issues such as delays in implementing 
the  tool  for  sending  fisheries  control 
data  within  the  EU,  engine  power 
verification  systems  and  controls  on 
the EU fleet fishing outside EU waters. 

The  common  fisheries  policy  also  offers  specific  tools  for  enforcement,  such  as  control  action 
plans and administrative inquiries. Based on verifications and audits carried out, the Commission 
adopted and followed up on a variety of control action plans. 

Finally,  the  Commission  will  closely  monitor  the  transposition  of  the  Maritime  Spatial  Planning 
Directive and in particular the Member States’ strategy in their national maritime plans. The key 
issue is to ensure that such planning will help implement the EU strategy on offshore renewable 
energy, as part of the European Green Deal. 

Sustainable agriculture  

The  EU’s  common  agricultural  policy  is  a  partnership  between  agriculture  and  society,  and 
between Europe  and its farmers. The  objectives of the common agricultural  policy are, amongst 
others,  to  support  farmers  and  improve  agricultural  productivity,  ensuring  a  stable  supply  of 
affordable food, and to make sure that European Union farmers make a reasonable living.  

The  common  agricultural  policy  is  also  designed  to  address  environmental  challenges  such  as 
climate change. It aims at managing natural resources in a sustainable manner, maintaining rural 
areas  and  landscapes  across  the  EU,  and  keeping  the  rural  economy  alive by  promoting  jobs  in 
farming and related sectors. A thorough application of the relevant legal  provisions (e.g.  organic 
farming,  greening,  forestry,  support  of  research  and  innovation)  is  of  utmost  importance  for 
attaining these objectives. The Commission’s common agricultural policy reform proposals intend 

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2020 Annual Report 

to further accommodate the ambitions of the Green Deal, through its associated Farm to Fork and 
Biodiversity Strategy. 

Health and food safety  

The  Commission  aims  to  ensure  proper  implementation  of  the  extensive  legislation  in  this  field 
and  to  simplify  it  where  appropriate.  It  takes  a  ‘One  Health’  approach  to  preparedness  and 
prevention, integrating human, animal and environmental health, as well as food and feed safety. 
Audits remained a key tool in implementing and enforcing the EU’s extensive legal framework on 
food and feed safety, animal health, plant health and animal welfare. Audits are also important 
for maintaining quality control for pharmaceutical products and medical devices. 

Making  sure  that  patients  have  access  to  cross-border  healthcare  remained  a  priority  for  the 
Commission in 2020. Structured dialogues were held with the Member States to ensure a better 
implementation of the Cross-Border Healthcare Directive. 

laws 

In  2020,  the  Commission  carried 
the 
out  conformity  checks  of 
the 
transposing 
national 
Tobacco  Products  Directive  and 
organised structured dialogues with 
the  Member  States  to  ensure  its 
correct  implementation.  Monitoring 
the implementation of the Directive 
in  Member  States’  national  laws 
remained  a  priority 
the 
Commission.  Tobacco  consumption 
is  the  single 
largest  avoidable 
health risk, and the most significant 
cause of premature death in the EU. 
The  Directive  aims  at  facilitating  a 
smooth  functioning  of  the  internal 
market, protecting people's health – particularly young people – and meeting the EU’s obligations 
under the World Health Organization’s Framework Convention on Tobacco Control.  

for 

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III.  A Europe fit for the digital age 

‘I  want  Europe  to  strive  for  more  by  grasping  the  opportunities  from  the  digital  age  within 
safe and ethical boundaries.’  

President von der Leyen in the Political Guidelines 

The Commission is determined  to make this decade Europe's ‘Digital  Decade’. Europe  must now 
strengthen its digital sovereignty and set standards, rather than following those of others – with a 
clear focus on data, technology, and infrastructure. 

Technology that works for people  

The implementation of the EU’s digital strategy focuses on making the development, deployment 
and  uptake  of  digital  technology  work  for  people  and  business.  The  COVID-19  pandemic 
intensified the digital transformation of our society. 

A fair and competitive digital economy 

The  independence  of  the  national  regulatory  authorities  is  key  to  ensuring  the  effective  and 
impartial application of EU rules on telecommunications. It underpins the regulators' authority and 
ensures  the  predictability  of  their  decisions,  creating  a  good  investment  environment  in 
telecommunications markets.  

EU law protects the head of the national regulatory authorities (or the members of the collegiate 
body fulfilling that function) from arbitrary dismissal.  

The Commission launched infringement proceedings against Poland for dismissing the head of 
the  national  regulatory  authority  for  electronic  communications  in  Poland.  The  Commission 
considered  that  shortening  the  overall  length  of  an  ongoing  mandate  or  amending  the 
appointment  or dismissal  conditions,  with  the view  to  an  early  termination, is likely  to  affect 
the regulator’s independence. 

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Cross-border  access  to  goods  and  services  online  should  be  without  any  barriers  or  friction  for 
European  consumers,  regardless  of  their  location,  residence,  or  nationality.  The  Geo-blocking 
Regulation prohibits any unjustified discrimination on the basis of nationality, place of residence or 
place  of  establishment  of  customers  shopping  online.  In  2020,  the  Commission  closed  the 
infringement  proceedings  against  Cyprus  and  Romania  for  not  having  communicated  the 
measures  applicable  to  infringements  of  the  geo-blocking  rules.  At  the  end  of  2020,  only  the 
cases against France and Spain remained open. 

Digital inclusion for a better EU society 

Visual,  aural,  physical  or  intellectual  impairments  can  restrict  the  use  of  digital  services.  Equal 
access to digital public information and services has become even more critical since the start of 
the pandemic. The Web Accessibility Directive aims to make the websites and mobile applications 
of public sector bodies more accessible to everyone, in particular people with disabilities.  

In 2020, the Commission closed the seven remaining infringement cases for delays in transposing 
the  Web  Accessibility  Directive.  It  continues  to  assess  the  conformity  of  national  transposition 
measures and the correct application of the Directive. 

Strengthening cybersecurity and protection from cyber threats 

The  digital  transformation  of  our  society  has  expanded  the  threat  landscape,  bringing  new 
challenges,  which  require  adapted  and  innovative  responses.  The  number  of  cyber-attacks 
continues  to  rise,  with  increasingly  sophisticated  attacks  coming  from  a  wide  range  of  sources 
both  inside  and  outside  the  EU. 
The  Directive  on  security  of 
network and information systems 
is  the  first  wide-ranging  piece  of 
EU  legislation  on  cybersecurity, 
providing  for  legal  measures  to 
help  boost  the  overall  level  of 
cybersecurity in the EU.  

The  Commission  further  pursued  cases  against  Belgium, 
Hungary and Romania for not having identified or provided 
sufficient  information  on  operators  of  essential  services 
under the Directive on security of network and information 
systems.  At  the  end  of  2020,  these  procedures  were  still 
ongoing. 

An open, democratic and sustainable digital society 

The  Audiovisual  Media  Services  Directive  (AVMSD)  was  revised  in  2018  to  create  a  regulatory 
framework  fit  for  the  digital  age,  leading  to  a  safer,  fairer  and  more  diverse  audiovisual 
landscape. The deadline for transposing the revised AVMSD into national legislation expired on 19 
September 2020.  

For the first time, the Directive  extends certain audiovisual rules to video sharing platforms and 
audiovisual content shared on certain social media services. It also strengthens the promotion of 
cultural diversity, by introducing clear obligations for on-demand services to have at least a 30% 
share of European content in their catalogue and to ensure the prominence of this content.  

In  July  2020,  the  Commission  issued  guidelines  on  video  sharing  platforms,  which  will  help 
Member States apply the new rules.  

The Commission has launched infringement procedures against 24 Member States for failure to 
transpose  on  time  the  revised  AVMSD’s  rules  governing  EU-wide  coordination  of  all  audiovisual 
media, both traditional TV broadcasts and on-demand services. 

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Digital transport systems 

The European Register of Road Transport Undertakings makes it possible to exchange information 
on road transport companies established in the EU and between Member States. It is an essential 
instrument for ensuring that EU transport legislation is properly enforced.  

Implementing  a  new  and  enhanced  version  of  register  requires  Member  States  to  adapt  their 
systems  at  national  level.  The  deadline  for  establishing  an  upgraded  connection  for  national 
electronic registers expired in January 2019. 

The Commission decided to refer Cyprus, the Netherlands and Portugal to the Court of Justice 
for their failure to upgrade their registers of road transport companies and their connection to 
the  revised  European  Register  of  Road  Transport  Undertakings.  On  the  same  issue,  the 
Commission pursued further the infringement procedure against Hungary. 

In road transport, the European Electronic Tolling Service ensures tolling services across the entire 
EU road network are interoperable. It enables road users to easily pay tolls throughout the whole 
bloc with just a single subscription contract with a service provider and a single on-board unit.  

road  users, 

By  limiting  cash  transactions 
stations,  and 
at 
tolling 
eliminating 
cumbersome 
for  occasional 
procedures 
users, 
tolling  service 
the 
facilitates  daily  operations 
improves 
for 
reduces 
flow  and 
traffic 
congestion.  The  Commission 
launch 
decided 
to 
infringement 
procedures 
against Italy and Hungary for 
failing  to  grant  European 
Tolling  Service 
Electronic 
providers  access 
their 
to 
national toll domains.  

On  aviation  safety,  data  link  services  are  communications  between  aircraft  and  ground  control 
that  complement  the  voice  communication  traditionally  used  in  air  traffic  control.  They  improve 
pilot-controller communication efficiency and increase air traffic control capacity. The Commission 
launched  infringement  procedures  against  11  Member  States  for  failing  to  provide  and  operate 
data link services for all operators of aircraft flying within their airspace.  

Transparency of information about businesses 

Member States have to link their national business registers with the system of interconnection of 
business registers (BRIS). BRIS facilitates cross-border trade and makes procedures less costly and 
time-consuming  for  companies.  It  enables  individuals,  businesses  and  entrepreneurs  to  obtain 
information  on  companies.  The  Commission  opened  infringement  procedures  against  three 
Member States for having failed to connect their national business registers to BRIS. 

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IV. 

An economy that works for people 

‘Our people and our business can only thrive if the economy works for them. This is what our 
social market economy is all about.’  
President von der Leyen in the Political Guidelines 

The  EU’s  unique  social  market  economy  allows  economies  to  grow  and  to  reduce  poverty  and 
inequality.  With  Europe  on  a  stable  footing,  the  economy  can  fully  respond  to  the  needs  of  the 
EU’s citizens. Small and medium-sized enterprises are the backbone of the EU’s economy.  

Working conditions 

A  key  element  of  Europe’s  social  market  economy  is  fair  working  conditions,  which  includes 
preventing employment relationships that lead to precarious working conditions.  

The Commission further pursued a case against Italy concerning less favourable treatment and 
the lack of protection against abusive successive fixed-term employment in the public sector.  

The goal was to protect workers such as teachers, healthcare workers, professionals in the arts, 
music and dance education, staff in some musical production foundations, academic personnel, 
public sector agricultural workers and voluntary staff in the national fire brigade. 

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Health and safety at work 

A strong focus was put on ensuring that EU occupational health and safety rules were transposed 
into  national  legislation  by  the  required  deadlines.  The  Commission  took  the  next  steps  in  the 
infringement  procedures  against  France  and  Spain,  which  had  failed  to  communicate  to  the 
Commission  their  national  measures  transposing  the  Directive  on  protection  from  exposure  to 
carcinogens or mutagens at work.  

The  Commission  also  closely  monitored  the  transposition  of  updated  rules,  which  also  involved 
adding the virus SARS-CoV-2 to the list of agents in the Biological Agents Directive.  

Labour mobility 

As a rule, every Member State must treat the nationals of other Member States the same as their 
own nationals. They  may  reserve  certain public-sector positions for their own  nationals,  but this 
exception needs to be interpreted restrictively.  

Specifically, this is possible only for posts involving 
direct or indirect participation in exercising powers 
conferred by  public law, or for duties designed to 
safeguard the general interests of the state or of 
other public authorities. A generalised exclusion of 
EU  workers  from  public  posts  is  contrary  to  EU 
law.  

launched 

Commission 

The 
an 
infringement  procedure  against  Greece 
for  restricting  high-level  posts  in  the 
public  administration  and  a  number  of 
public  entities  to  candidates  with  Greek 
nationality. 

The  Directive  amending  the  rules  on  posting  of  workers  in  the  framework  of  the  provision  of 
services  significantly  improves  the  situation  of  posted  workers  and  the  level  playing  field  for 
service providers. Under the new rules, all the mandatory elements of remuneration applicable to 
local workers will also be applicable to posted workers.  

The  Commission  launched  infringements  proceedings  against  15  Member  States  who  failed  to 
notify the implementation of this directive in their national legislation on time. 

Social security coordination  

The EU has developed an extensive body of rules on the free movement of workers, the posting of 
workers and the coordination of social security. If these rules are not followed, trust and fairness 
in the single market are undermined.  

The Commission decided to refer Austria to the Court of Justice due to its legislation introducing 
a mechanism (as of 1 January 2019) indexing the amount of family benefits, child tax credits 
and family tax credits for EU nationals who work in Austria and have children living abroad.  

The  Commission  considered  this  mechanism  to  be  discriminatory  and  against  the  EU  rules  on 
free movement of workers and coordination of social security systems. 

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Information and assistance for citizens and businesses 

The  single  market  governance  tools,  such  as  the  Your  Europe  portal,  Your  Europe  Advice  and 
SOLVIT  offer  clear  information,  assistance  and  problem-solving  to  citizens  and  businesses  with 
these issues. They empower both individuals and businesses to make full use of their EU rights in 
the single market.  

In 2020: 

 

the Commission worked to ensure that Your Europe could become the EU’s single digital 
gateway 

  on  over  25 200  occasions,  Your  Europe  Advice  provided  guidance  to  individuals  and 

businesses about their single market rights.  

  SOLVIT  helped  over  2 600  individuals/businesses.  SOLVIT  is  set  to  become  the  default 
dispute resolution tool for the single market, once the procedure for solving problems with 
the mutual recognition of goods has been implemented.  

 

 

the  Internal  Market  Information  System  continued  to  expand  and  now  includes  the 
Consumer Protection Cooperation Network.  

the Commission further continued its work to upgrade the Single Market Scoreboard. 

Free movement of goods 

In 2020, the Commission remained vigilant against any measure that hindered the free movement 
of goods.  

As  an  example,  it  launched  an  infringement  procedure  against  Romania  for  its  restrictive 
measures favouring domestic food products to the detriment of similar imported ones. The case 
was closed after the Romanian authorities had amended their food law and lifted the restrictions.  

The Commission also asked France to remove obstacles to parallel imports of veterinary medicinal 
products  by  farmers  for  their  own  livestock.  Farmers  are  allowed  to  import  veterinary  medical 
products from other Member States, for use on their own livestock. The French measures resulted 
in very high administrative fees that effectively restricted parallel imports.  

Anti-money laundering and counter terrorist financing  

In  2020,  the  Commission  adopted  an  action  plan  for  a  comprehensive  EU  policy  on  preventing 
money  laundering  and  terrorism  financing,  with  a  particular  focus  on  enforcing  EU  criminal  law 
Directives, as a way to protect investments. 

The 5th Anti-Money Laundering Directive amended the 4th Anti-Money Laundering Directive and 
introduced substantial improvements to better prevent the financial system from being used for 
money laundering and funding terrorist activities.  

The Member States had to transpose the 5th Directive by 10 January 2020. In February and May, 
the  Commission  initiated  infringement  proceedings  against  17  Member  States  for  failing  to 
notify complete national transposition measures on time. 

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Retail payments 

the  Commission 
In  2020, 
adopted  a  Retail  Payments 
Strategy for the EU. As part of 
that strategy, the Commission 
responsible 
the 
reminded 
national  authorities  of  their 
obligations 
enforcement 
under 
Euro 
the 
Payments  Area  Regulation. 
The 
closely 
monitored  cases  of  non-
this 
compliance 
regulation. 

Commission 

Single 

with 

Business governance and transparency 

The amendment of the Shareholder Rights Directive facilitates the exercise of shareholder rights 
and encourages the long-term engagement of shareholders with companies by setting out duties, 
transparency  measures  and  ‘comply  or  explain’  standards.  The  Commission  further  pursued  the 
infringement  procedures  against  seven  Member  States  for  their  failure  to  notify  transposition 
measures  for  the  first  deadline  in  the  Shareholder  Rights  Directive,  which  expired  on  10  June 
2019. It also launched infringement procedures against eight Member States for failure to notify 
national  measures  covered  by  the  second transposition  deadline,  which  expired  on  3  September 
2020. 

Indirect taxation 

The  Commission  continued  to  pursue  infringement  cases  aimed  at  removing  distortions  of 
competition  in  the  single  market,  tackling  tax  evasion  and  avoidance,  and  preventing  double 
taxation.  

The Commission carried out compliance assessments of new directives relating to rules on value 
added  tax  (VAT).  These  assessments  covered  e-commerce  as  part  of  the  Digital  Single  Market 
Strategy, the cross-border trade between businesses, the treatment of vouchers and the territorial 
application of the rules on VAT and excise duties. 

In the area of car taxation, the Commission decided to refer Portugal to the Court of Justice for its 
discriminatory rules on the car registration tax, which affect people who buy used cars from other 
EU countries. 

In the area of excise duties, the Commission referred the United Kingdom to the Court of Justice 
for  failure  to  implement  the  Court’s  previous  ruling  on  the  incorrect  use  of  marked  fuel  for 
propelling  private  pleasure  craft.  The  Commission  also  decided  to  refer  Poland  to  the  Court  of 
Justice because it did not ensure that imported ethyl alcohol used to produce medicines is exempt 
from excise duties in all cases. 

The  Commission  closed  the  infringement  procedures  against  Cyprus  and  Malta  concerning  the 
incorrect  application  of  the  VAT  rules  to  the  lease  and  purchase  of  yachts.  The  incorrect 
application was revealed by the ‘Paradise Papers’. In the meantime, Cyprus and Malta have taken 
steps to comply with EU law. 

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Direct taxation  

One  of  the  benefits  of  the  single  market  is  that  citizens  and  businesses  have  the  freedom  to 
move, operate and invest across national borders. As direct taxation is not aligned across the EU, 
this freedom can mean that some taxpayers can avoid or evade tax in their country of residence. 
Tax  authorities  in  the  EU  have  therefore  agreed  to  cooperate  more  closely  to  ensure  taxes  are 
paid and to fight tax fraud and evasion.  

On  direct  taxation,  the  Commission’s  enforcement  action  in  2020  focused  on  ensuring  that 
Member States transposed important amendments to the Directive on administrative cooperation 
into national law. These amendments concern areas such as: 

  access to anti-money laundering information 
  mandatory automatic exchange of country-by-country reports between Member States 
  automatic exchange of financial account information 
  mandatory automatic exchange of information on reportable cross-border arrangements.  

In  addition,  the  Commission 
focused on ensuring the proper 
transposition  of  the  Directive 
on rules against tax avoidance 
that  directly  affects  the  single 
regards  hybrid 
market  as 
mismatches 
third 
countries. And it monitored the 
proper  transposition  of  the 
dispute 
Directive 
resolution mechanisms. 

with 

tax 

on 

The  Commission  took  action  against  Belgium  for  failing  to 
communicate  national  measures  on  tax  dispute  resolution 
mechanisms.  The  Commission  also  took  action  against 
Germany,  Greece,  Spain,  Latvia,  Romania,  and  Portugal 
regarding  the  exit  tax  rule,  since  they  did  not  completely 
transpose these rules into their national legislation. 

The  Commission  further  took  action  against  Portugal, 
Luxemburg  and  Belgium  for  failing  to  implement  measures 
against  tax  avoidance  practices  that  directly  affect  the 
functioning of the single market. 

Customs 

The  Commission's  enforcement  strategy  focused  on  the  correct  and  uniform  application  of  the 
Union  Customs  Code  and  on  detecting  charges  with  equivalent  effect  to  customs  duties,  even 
within the EU.  

In 2020, the Commission continued its broad enquiry across all Member States, investigating the 
national provisions on the deadlines for notifying a customs debt and their compatibility with the 
Union  Customs  Code,  to  secure  legal  certainty  for  traders  in  this  regard.  The  Commission  also 
opened  a  dialogue  with  Member  States  on  penalties  for  failure  to  declare  cash  and  customs 
valuations.  

Competition 

The  Commission’s  competition  policy  ensures  that  markets  work  better  for  consumers,  business 
and society. Companies should compete on equal terms and consumers should benefit from lower 
prices, greater choice and better quality. 

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Consistently  enforcing  negative  state  aid  decisions  is  essential  to  the  credibility  of  the 
Commission's  state  aid  control.  In  this  respect,  it  is  essential  that  Member  States  comply  with 
Court judgments ordering them to recover incompatible state aid following a Commission decision. 

The  Court  of  Justice  condemned  Italy  to  pay  a  lump  sum  and  daily  penalties  for  failing  to 
comply  with  its  earlier  judgment  finding  that  Italy  had  not  fulfilled  its  obligation  to  fully 
recover state aid illegally granted to the hotel industry in Sardinia. 

Mobility and transport 

Completing  the  single  market  in  the  rail  sector  and  bringing  the  full  benefits  of  rail  market 
liberalisation  to  citizens  and  businesses  continues  to  be  one  of  the  main  focus  areas  of  the 
Commission’s monitoring and enforcement policy in transport. To this end, it is crucial to ensure 
that the Single European Railway Area Directive is correctly transposed into national law. This will 
enable the Member States to consistently transpose and implement more recent acts adopted as 
part of the Fourth Railway Package.  

the  Commission 
Simultaneously, 
continued 
specific 
to  address 
obstacles  to  accessing  the  market, 
its  action 
as  demonstrated  by 
its 
urging  Germany 
requirements  for  freight  wagon 
breaking 
These 
requirements  are  not  compliant 
law  and  hamper  rail 
with  EU 
interoperability efforts. 

to  amend 

equipment. 

The Commission opened infringement procedures against 
Croatia, Slovenia, Spain, Greece, Austria and Luxembourg 
for  failing  to  correctly  transpose  some  of  the  EU  rules 
establishing  a  Single  European  Railway  Area.  This 
directive  aims  to  create  a  more  competitive  framework 
by 
financial 
architecture  in  the  railway  sector,  the  power  of  national 
regulators, the framework for investment in rail, and fair 
and  non-discriminatory  access  to  rail  infrastructure  and 
rail-related services. 

regulatory  oversight  and 

covering 

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In  other  transport  areas,  the  Commission  took  issue  with  a  diverse  array  of  national  measures 
that hinder the full functioning of the single market: 

 

 

 

it took further steps in the infringement procedure against Denmark, enjoining it to revoke 
the  25-hour  limit  it  imposed  on  lorries  for  parking  in  state-owned  rest  areas.  This  limit 
creates barriers to foreign hauliers carrying out international operations.  

it  also  pursued  further  the  infringement  procedure  against  Malta  and  launched  new 
infringement procedures against Belgium and Portugal for the incorrect implementation of 
the EU safety and environmental rules on marine equipment, such as life jackets, sewage 
cleaning systems and radars on board EU-flagged ships.  

it opened an infringement procedure against Sweden for unduly limiting the definition of 
‘combined transport operations’ in a way that makes it more difficult for certain operators 
to transfer freight from road to rail or waterborne transport for a part of the journey. This 
prevents  them  from  cutting  harmful  emissions  and  reducing  other  negative  impacts  of 
road transport. 

European citizens expect high safety and security standards on all modes of transport. EU policies 
aim to maintain and develop these standards and ensure they are fully aligned across the EU.  

In  the  road  sector,  the  Commission  pursued  its  initiatives  to  ensure  quality  infrastructure  as  a 
contribution to decreasing the number of road accidents. It further pursued cases against  Spain, 
Greece,  Italy,  Croatia  and  Bulgaria  for  failing  to  implement  the  full  set  of  required measures to 
ensure the highest safety infrastructure and operational standards in certain road tunnels. 

In the air sector, also on a safety-related note, the Commission launched or further pursued cases 
against 11 Member States for failing to designate a body to ensure that people reporting safety-
relevant occurrences in civil aviation are not penalised by their employers or national authorities. 

Internal energy market 

A sustainable energy system based on renewable energy sources and increasing energy efficiency 
requires  a  well-functioning  internal  energy  market  that  is  open  to  competition  and  empowers 
consumers. An integrated gas market is the cornerstone of the EU's Energy Union. The amended 
Gas Directive makes it clear that the core principles of EU energy legislation – namely third-party 
access, tariff regulation, ownership unbundling and transparency – will apply to all gas pipelines to 
and from non-EU countries up to the EU's border. This will ensure that all major pipelines entering 
EU  territory  comply  with  EU  rules,  are  operated  under  the  same  degree  of  transparency,  are 
accessible to other operators and are operated efficiently.  

The Commission launched infringement procedures against 13 Member States for failing to adopt 
and/or notify transposition measures under the Directive. 

Energy security 

EU rules on energy also ensure security of electricity and gas supply based on solidarity between 
Member  States.  To  ensure  the  correct  implementation  of  EU  rules  on  secure  gas  supplies,  the 
Commission  launched  27  infringements  under  the  Regulation  on  the  security  of  gas  supply,  in 
particular with respect to notification obligations and the application of the solidarity mechanism 
between Member States. 

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Implementing Euratom rules  

On  nuclear  energy,  work  continued  in  2020  to  ensure  the  effective  transposition  and 
implementation of the Euratom legal framework on protecting workers, patients and the general 
public from radiation and the safe handling of radioactive waste.  

The  Commission  launched  nine  infringement  procedures  and  further  pursued  cases  against 
Finland and Sweden for incomplete transposition of the Basic Safety Standards Directive.  

It  further  pursued  the  infringement  procedures  on  the  Radioactive  Waste  Directive  against 
Romania  and  the  United  Kingdom  for  incorrect  transposition  of  the  Directive.  It  also  further 
pursued  the  on-going infringement procedures  against  six  Member  States  and  opened  four  new 
cases for failure to adopt a national programme for radioactive waste.  

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V. 

Promoting our European Way of Life 

‘There can be no compromise when it comes to defending our core values. Threats to the rule 
of law challenge the legal, political and economic basis of how our Union works.’  
President von der Leyen in the Political Guidelines 

A Europe that protects must also stand up for justice and for the EU’s core values. Threats to the 
rule of law challenge the legal, political and economic basis of our Union. This Commission’s vision 
for a Union of equality, tolerance and social fairness is built upon the rule of law. Strong borders, 
modernisation of the EU’s asylum system and cooperation with partner countries are important to 
achieve a fresh start on migration. 

Rule of law and fundamental rights 

In  September,  the  Commission  published  its  first  annual 
report  on  the  rule  of  law.  The  rule  of  law  mechanism  is 
designed to be a yearly cycle to promote the rule of law 
and prevent problems emerging or deepening. Where they 
do  occur  and  they  contravene  EU  law,  the  Commission 
may  have  to  resort  to  the  instruments  available  in  the 
rule of law toolbox, including infringement procedures. 

is  fully  applied 

In  December,  the  Commission  also  adopted  a  new 
strategy  to  make  sure  that  the  Charter  of  Fundamental 
Rights 
the  EU.  This  strategy 
in 
complements  the  European  Democracy  Action  Plan  and 
the  rule  of  law  report,  and  illustrates  the  Commission’s 
comprehensive  approach  to  promoting  and  protecting 
fundamental rights and values in the EU.  

In January 2020, in the context of a pending case regarding the disciplinary regime for Polish 
judges,  the  Commission  asked  the  Court  of  Justice  to  impose  interim  measures  on  Poland, 
ordering  it  to  suspend  the  activity  of  the  Disciplinary  Chamber  of  the  Supreme  Court  in 
disciplinary proceedings against judges. The continued activity of this Chamber undermines the 
independence of the Polish judiciary and created a risk  of irreparable damage to the EU legal 
order and the value of the rule of law. The Court of Justice granted the Commission’s request. 

In  April  2020,  the  Commission  started  an  infringement  procedure  against  Poland  because  it 
considered that the Polish law on the judiciary undermines the independence of Polish judges 
and  is  incompatible  with  the  primacy  of  EU  law.  The  new  law  prevents  Polish  courts  from 
directly applying certain provisions of EU law that protect judicial independence. It also prevents 
Polish  courts  from  referring  preliminary  rulings  on  these  questions  to  the  Court  of  Justice.  In 
December  2020,  the  Commission  extended  that  procedure  because  it  considered  that  Poland 
also violates EU law by allowing the Disciplinary Chamber of the Supreme Court to decide on 
further matters which directly affect judges, such as decisions removing judges’ immunity from 
criminal investigation.  

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European Union citizenship 

The  Commission  opened  infringement  proceedings  against  Cyprus  and  Malta  regarding  their 
investor  citizenship  schemes,  also  referred  to  as  ‘golden  passport’  schemes.  The  Commission 
considered that systematically granting nationality – and thereby EU citizenship – in exchange for 
a  pre-determined  payment  or  investment  and  without  a  genuine  link  with  the  Member  States 
concerned  is  incompatible  with  the  principle  of  ‘sincere  cooperation’.  The  Commission  also 
considered that those schemes undermine the status of EU citizenship. 

Free movement of persons 

The Commission launched two infringement proceedings against the United Kingdom for failure to 
comply  with  the  EU  rules on  free  movement  of people.  The  United  Kingdom  limits  the  scope  of 
beneficiaries of EU free movement law in the United Kingdom. It also limits the possibilities for EU 
citizens and their family members to appeal administrative decisions that restrict free movement 
rights.  In  addition,  the  Commission  also  pursued  a  case  against  the  United  Kingdom  for  not 
complying with EU rules on comprehensive medical insurance for EU citizens.  

Equality and non-discrimination 

A  key  part  of  the  broader  equality  agenda,  the  EU  Gender  Equality  Strategy  contains  policy 
objectives and actions to make significant progress towards a gender-equal Europe by 2025, with 
equal opportunities for both genders. 

On  gender  equality  in  social  security,  the  Commission  launched  an  infringement  procedure 
against Bulgaria. The case concerns a pension law that indirectly discriminates against women 
in calculating the contribution period required to be entitled to a pension. 

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Racism and xenophobia, including illegal hate speech 

In  September,  the  Commission  adopted  an  ambitious  EU-anti  racism  action  plan.  The  effective 
criminalisation  of  hate  speech  and  hate  crime  is  one  of  its priorities.  The  Commission  also  took 
concrete  steps  towards  ensuring  the  correct  and  complete  transposition  of  the  Framework 
Decision  on  combating  racism  and  xenophobia  by  means  of  criminal  law,  which  aims  to  ensure 
that serious manifestations of racism and xenophobia are punishable by effective, proportionate 
and dissuasive criminal penalties throughout the EU.  

In  October  2020,  the  Commission  launched  infringement  proceedings  against  Estonia  and 
Romania, as their national laws do not fully and accurately transpose the Framework Decision. 

Consumer rights  

The  Consumer  Protection  Cooperation  Regulation  entered  into  application  in  January  2020, 
strengthening the enforcement of consumer law across the EU. This new enforcement framework 
proved  highly  effective  in  2020  during  the  COVID-19  pandemic  in  fighting  online  scams.  It 
contributed to the removal or blocking of hundreds of millions of misleading coronavirus-related 
ads and listings by 11 world-level platforms. 

Enhancing protection of personal data  

The COVID-19 pandemic highlighted the importance of having in place an efficient data protection 
regime  to  foster  trust  and  provide  innovative  digital  solutions.  In  April  2020,  the  Commission 
issued guidance on contact tracing apps, which set out key data protection principles. 

In 2020, the Commission issued an evaluation report 
on the first two years of applying the General Data 
Protection  Regulation. 
the 
regulation,  an  essential  component  of  the  human-
centric  approach  to  technology  and  the  digital 
transition,  has  to  a  large  extent  met  its  objectives, 
but that further progress is needed in implementing 
and enforcing it. In J 

It  concluded 

that 

against 

Slovenia 

The  Commission  pursued  infringement 
proceedings 
and 
Germany  for  having  failed  to  transpose 
the  Data  Protection  Law  Enforcement 
Directive;  at  the  end  of  the  year,  it 
decided to refer Slovenia to the Court of 
Justice. 

Justice cooperation and individual guarantees in criminal law  

On  cooperation  in  criminal  justice,  the  Commission  continued  monitoring  Member  States' 
compliance  with  the  Framework  Decision  on  the  European  arrest  warrant.  In  2020,  the 
Commission  launched  infringement procedures  against  seven  Member  States.  The  Commission’s 
monitoring  has  also  continued  with  regard  to  the  Directive  on  the  fight  against  fraud  to  the 
Union's financial interests by means of criminal law. The timely implementation of this directive is 
necessary  for  the  proper  functioning  of  the  European  Public  Prosecutor's  Office.  By  the  end  of 
2020, infringement proceedings were pending against three Member States for late transposition 
of  the  Directive.  The  Commission  also  continued  to  monitor  the  transposition  of  the  procedural 
rights directives.  

The Commission pursued further the infringement cases against Bulgaria, Croatia, Cyprus and 
Romania  for  partial  non-transposition  of  the  Directive  on  presumption  of  innocence  and 
against Greece and Cyprus for failing to transpose the Directive on procedural safeguards for 
children. 

24 

 
 
 
 
Monitoring the Application of European Union Law 
2020 Annual Report 

Security 

In 2020, enforcement work was taken forward as part of the new EU Security Union Strategy for 
2020  to  2025,  focusing  on  priority  areas  where  the  EU  can  bring  value  to  help  Member  States 
increase security for all living in Europe.  

The Commission continued its monitoring activities regarding the implementation of the Directive 
on the use of passenger name record data – to prevent, detect, investigate and prosecute terrorist 
offences and serious crime.  

In parallel, the Commission took further steps in the infringement procedure against Slovenia for 
failing to fully transpose the directive, while closing cases against 13 Member States.  

In  total,  53  infringement  procedures  were 
launched  for  failing  to  meet  transposition 
deadlines for three directives on firearms:  

  Directive  amending  the  Firearms 

Directive 
  Directive 

technical 
establishing 
specifications  for  the  marking  of 
essential 
firearms 
components 

their 

and 

  Directive 

technical 
laying  down 
specifications  for  alarm  and  signal 
weapons. 

The  Commission  also  continued 
transposition measures for two pieces of legislation on drugs and police cooperation.  

infringement  procedures  for  failure  to  notify  national 

It further pursued cases against Austria, Finland, Portugal, Slovenia and Ireland for failing to fully 
transpose Directive on the inclusion of new psychoactive substances in the definition of ‘drug’ and 
against Ireland for failing to fully transpose the first delegated directive adopted under the latter. 
On the other hand, 13 infringement procedures on both directives were closed against 11 Member 
States.  

In  addition,  the  Commission  pursued  infringement  procedures  against  Belgium  and  Greece  for 
failing to fully transpose the Framework Decision on accreditation of forensic service providers.  

New Pact on Migration and Asylum 

In  2020,  the  Commission  proposed  a  new  Pact  on  Migration  and  Asylum,  covering  all  of  the 
different  elements  needed  for  a  comprehensive  European  approach  to  migration.  It  sets  out 
improved  and  faster  procedures  throughout  the  asylum  and  migration  system  and  strikes  a 
balance  between  the  principles  of  solidarity  and  fair  sharing  of  responsibility.  It  also  places  a 
strong emphasis on protecting fundamental rights. 

The Commission’s migration policy covers all aspects of migration, including border management, 
visa  policy, 
legal  migration.  Consistent  and  effective 
implementation in full respect of the fundamental rights of individuals is critical to the success of 

irregular  migration,  asylum  and 

25 

 
 
 
 
 
Monitoring the Application of European Union Law 
2020 Annual Report 

the policy. In 2020, the Commission continued to monitor the implementation of EU migration and 
asylum law by Member States.  

The Commission also started an infringement procedure against Hungary, as it considered that a 
Hungarian law that restricts access to the asylum procedure is contrary to the Asylum Procedures 
Directive. This law precludes persons who are on Hungary's territory, including at the border, from 
applying for international protection there.  

The Commission also opened an infringement procedure against Malta, as it considered that the 
‘employment  licence’  required  for  non-EU  nationals  who  are  long-term  residents,  but  not  for 
Maltese  nationals,  constitutes  an  unequal  treatment  in  breach  of  the  Long-Term  Residence 
Directive.  

It  further  pursued  an  infringement  procedure  against  Sweden  for  not  fully  applying  equal 
treatment regarding social security to non-EU nationals covered by the Students and Researchers 
its  own 

compared  with 

Directive, 
nationals. 

The  Commission  further  pursued  an 
case  against  Estonia 
infringement 
because  of  the  additional  obligations  it 
travellers  crossing 
imposes  on 
the 
land  border,  which  the 
external  EU 
incompatible 
considered 
Commission 
with the Schengen Borders Code. 

26