COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Enforcing EU law for a Europe that delivers
Date: 2022-10-13
Institutions: European Commission, Secretariat-General
Subjects: EU Member State, EU control, drafting of EU law, infringement of EU law, national implementing measure

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 13.10.2022  COM(2022) 518 final  COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Enforcing EU law for a Europe that delivers  
 
 
Enforcing EU law for a Europe that delivers 

I. 

INTRODUCTION 

The  European  Union  is  a  community  of  law,  based  on  common  values  shared  by  Member 
States.  Applying  and  enforcing  EU  law,  and  respect  for  the  rule  of  law  are  at  its  very 
foundation.  The  law  is  the  EU’s  best  asset  in  delivering  the  benefits  of  the  EU  for  people, 
businesses,  and  our  environment.  The  principle  of  primacy  of  EU  law  is  grounded  in  the 
principle of equality before the Treaties. It ensures equal rights for all across the EU, meaning 
that all provisions of EU law should have the same meaning and are to be applied in the same 
way in  all Member States. The law is  the basis  on which the EU  can make the most of the 
internal  market,  drive  our  transition  to  a  greener  and  more  digital  Europe,  and  protect  and 
promote our values, effective judicial cooperation, and the security of our Union. This is why 
the rules-based system is central to the EU’s vision, in Europe and worldwide, a prerequisite 
for fairness, democracy and the respect for fundamental rights. The Commission is committed 
to stepping up its work to promote and uphold people’s rights, fundamental freedoms and the 
rule  of  law.  Key  work  streams  such  as  the  annual  Rule  of  Law  reports1,  the  European 
democracy  action  plan2  and  the  renewed  strategy  for  the  implementation  of  the  Charter  of 
Fundamental  Rights  of  the  EU3  (‘the  Charter’)  combine  in  a  major  intensification  of  work  to 
strengthen the EU's legal and democratic foundations.  

Enforcing EU law is central to this goal. This is one of the Commission’s core missions, with 
the EU Treaties, which Member States have signed up to, entrusting the Commission with the 
role of ‘Guardian of the Treaties’4, and of EU law more broadly. This overarching role gives 
the Commission central responsibility for enforcement. A key way in which it discharges this 
role  is  by  working  with  Member  States,  as  well  as  monitoring  their  implementation  and 
application  of  EU  law.  This  Communication  sets  out  in  more  detail  how  the  Commission 
fulfils this task as EU legislation is developed, transposed into national law, implemented, and 
applied in practice. In the same way as the Commission focuses on protecting the rule of law 
by preventing problems from emerging, the best way to enforce EU law is to prevent breaches 
from happening in  the first  place. Day-to-day cooperation between the Commission  and the 
Member  States  is  essential  to  ensure  early  compliance.  But  ultimately,  infringement 
procedures,  including  the  possibility  to  refer  Member  States  to  the  Court  of  Justice  of  the 
European Union (‘the Court of Justice’), are often needed to address breaches of EU law. 

Effective  enforcement  ensures  that  people  and  businesses  in  the  EU  enjoy  the  benefits  of 
commonly agreed rules as soon as possible and can count on their fundamental rights being 
respected  at  all  times  wherever  they  live  or  work  in  the  EU.  This  is  why  the  Commission 

1   Commission Communication ‘2022 Rule of Law Report - The rule of law situation in the European Union’, 

COM(2022) 500 final. 

2   Commission Communication ‘On the European democracy action plan’, COM(2020) 790 final. 
3   Commission Communication ‘Strategy to strengthen the application of the Charter of Fundamental Rights in 

the EU’, COM(2020) 711 final. 

4   Article 17 of the Treaty on the European Union. 

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supports Member States early in the process of integrating EU rules into their legal order, to 
ensure EU law is correctly implemented and applied from the outset. This also explains why 
the  figures  of  infringement  procedures  alone  are  not  necessarily  a  good  measure  of  the 
Commission’s  enforcement  efforts,  which  seek  to  avoid  breaches  from  materialising  and,  if 
they occur, to bring these to an end as quickly as possible. 

In addition to the Commission and national governments, other actors also play a key role in 
applying  EU  law  effectively.  Some  have  a  formal  role,  such  as  national  courts,  national 
competition  and  regulatory  authorities  or  statutory  authorities  like  consumer  or  independent 
data  protection  supervisory  authorities.  Civil  society  and  individuals  also  help  to  draw 
attention to possible breaches and the need for them to be addressed. 

This Communication sets out how the Commission has deepened and developed its work on 
enforcement  in  order  to  ensure  that  EU  law  is  upheld  equally  in  all  Member  States  and  to 
maximise the concrete benefits that its implementation and enforcement work delivers in the 
everyday lives of people in the EU5.  

II. 

HARNESSING THE BENEFITS OF EU LAW 

People and businesses count on the EU’s commonly agreed rules to be swiftly and correctly 
implemented  or  transposed  into  national  law,  and  fully  applied  by  Member  States.  The 
enforcement  of  EU  rules  is  essential  for  the  delivery  of  the  EU’s  policies  and  inextricably 
linked  to  policy  making.  EU  legislation  goes  through  a  scrupulous  process  of  evaluating 
existing  national  and  EU  legislation,  consulting  the  public  and  assessing  the  environmental, 
social  and  economic  impacts6.  Its  adoption  is  the  result  of  an  inclusive  and  transparent 
legislative process involving the European Parliament and the Council, so that politicians and 
policymakers  have  had  their  say  on  how  laws  under  discussion  will  be  implemented  in 
practice. If the acts adopted are to deliver the impact intended, they need to be applied in all 
Member States in a way which is complete, correct, equal and timely. 

Allowing people to work and carry out business anywhere in the EU 

EU rules on the recognition of professional qualifications make it easier for professionals 
to provide services around the EU, while guaranteeing improved protection for consumers. 
However,  Member  States  had  implemented  these  rules  inconsistently,  with  more 
burdensome  procedures  for  workers  and  self-employed  persons  in  some  Member  States 
than  in  others.  As  a  result  of  infringement  procedures,  Member  States  amended  their 
legislation, making sure citizens and businesses benefit from the advantages of those rules. 

5  This  Communication  builds  on  and  does  not  replace  earlier  Communications  which  define  the  operational 
framework  and  rules  for  the  Commission’s  action  on  complaints  and  infringements.  See  in  particular 
Commission  Communication, ‘EU law: Better results through better application’ (C(2016)8600), (hereafter 
‘the 2016 Communication’). 

6   In  accordance  with  Better  Regulation  Guidelines,  3.11.2021  https://ec.europa.eu/info/law/law-making-

process/planning-and-proposing-law/better-regulation-why-and-how/better-regulation-guidelines-and-
toolbox_en 

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In addition, after cooperation in the Single Market Enforcement Taskforce, Member States 
removed 217 professions from the list of professions for which a prior check was required, 
making it easier for workers to provide services in these Member States.  

Improved coordination of national social security systems of the Member States also helps 
people to effectively exercise their right to free movement. To protect the free movement of 
workers and coordination of social security systems, the Commission launched procedures 
against two Member States for granting lower amounts of family benefits to EU nationals 
working  there,  when  their  children  live  in  a  Member  State  where  the  cost  of  living  is 
considered to be lower. In one of those cases, the Commission’s position has already been 
confirmed  by  the  Court  of  Justice,  which  ruled  that  the  adjustment  of  family  benefits 
according to the state of residence of the beneficiary children is illegal. 

The  SOLVIT  cooperation  mechanism  for  resolving  cross-border  problems  allows  for 
possible breaches of EU law to be identified earlier and can provide immediate redress for 
the  businesses  or  individuals  affected.  It  addresses  practical  problems  and  barriers  that 
people  encounter  when  working,  living  or  doing  business  in  other  Member  States7.  The 
national  authorities  which  make  up  the  SOLVIT  network  work  together  in  applying  EU 
rules and make extensive use of the help and the expertise provided by the Commission8. 
National  SOLVIT  centres  not  only  find  solutions  for  numerous  individual  situations,  but 
also help to identify and address structural problems related to the application of EU law9. 

Non-compliance comes at a cost. It can mean that protection of fundamental rights is delayed 
or narrower in scope, undermining rights such as equal treatment and free movement. It can 
perpetuate burdens on the public and businesses. It can mean that environmental damage lasts. 
It  can  mean  that  consumer  or  worker  protection,  or  the  protection  of  asylum  seekers,  is 
weakened  or  delayed.  There  is  a  particular  impact  on  people  working  or  travelling  across 
borders,  or  crossing  borders  for  other  purposes10,  who  have  to  adapt  to  different  rules 
depending on how EU law is applied. Misapplication of EU rules also distorts competition in 
the single market, undermining the level playing field for businesses across the EU. 

Where Member States breach EU rules by introducing or tolerating obstacles within the single 
market to create advantages for businesses, the potential gains are often short-term, while the 
lasting impact on businesses can be much more damaging, making it far more difficult for all 
businesses to take advantage of the opportunities provided by the single market11. 

7  Commission  Recommendation  of  17  September  2013  on  the  principles  governing  SOLVIT,  C(2013)  5869 

final. 

8  Commission  Staff  Working  Document,  ‘SOLVIT’s  Helping  Hand  in  the  Single  Market:  celebrating  20 

years’, SWD(2022) 325 final. 

9   https://ec.europa.eu/solvit/index_en.htm 
10  For example, for education, healthcare, cultural and other leisure activities, etc. 
11  Commission  Communication  ‘Long  term  action  plan  for  better  implementation  and  enforcement  of  single 

market rules’, COM(2020) 94 final. 

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Costs of applying rules incorrectly or incompletely 

Existing  barriers  within  the  single  market  are  in  many  cases  due  to  the  incorrect  or 
incomplete application of EU Treaties and legislation12. SMEs and start-ups are particularly 
affected since they are the first to be impacted by administrative burdens and complexity, 
especially  when  crossing  borders  to  conduct  business  within  the  single  market. 
Misapplication of rules also hampers the economies of scale offered by the single market, 
which  is  detrimental  to  consumers’  interests.  Inconsistent  rules  harm  in  particular  cross-
border regions13. 

Strong enforcement of competition rules is essential for businesses and consumers to reap 
the benefits of the single market. Failure to properly apply those rules undermines the level-
playing field for businesses, and consequently consumers may be faced with higher prices 
and less choice. 

Implementing  EU  environmental  policy  and  law  is  not  only  essential  for  a  healthy 
environment,  but  also  opens  up  new  opportunities  for  economic  growth,  jobs,  and 
competitiveness. Full implementation of EU environmental legislation could also save the 
EU  economy  around  EUR  55  billion  every  year  in  health  costs  and  direct  costs  to  the 
environment14. 

Benefits from a swift implementation of the new EU tax rules  

New  value-added  tax  (VAT)  rules  for  e-commerce  came  into  force  in  2021  as  part  of 
work to ensure a more level playing field and simplify VAT rules. Online sellers can now 
register on an electronic portal (‘one-stop shop’) and take care of all their VAT obligations 
for sales across the EU. The Commission provided support and guidance on the new rules 
both  to  Member  States  and  affected  stakeholders.  This  helped  smooth  implementation  of 
the new VAT e-commerce rules and the collection of EUR 8.8 billion in VAT revenues via 
the new portal, including EUR 700 million in new VAT revenues15, and the registration of 
100 000 online sellers via the electronic platform.  

Full and consistent application of EU rules by Member States is important for legal certainty 
and the trust placed by people and businesses in national institutions and the EU at large. This 
is particularly true when it comes to our shared values, fundamental rights, the rule of law, the 
EU’s four fundamental  freedoms,  and the functioning of  the single  market.  In striving for a 
Union of equality, it is key that equality and non-discrimination are respected throughout the 

12  Commission  Communication  ‘Identifying  and  addressing  barriers  to  the  Single  Market’,  COM(2020)  93 

final. 

13  Commission  Report  ‘EU  Border  regions:  Living  labs  of  European  integration’,  COM(2021) 393  final,  and 
Commission Communication ‘Boosting Growth and Cohesion in EU border regions’, COM(2017) 534 final. 
14   More  explanation  on  this  figure  can  be  found  in  the  study  ‘Update  of  the  costs  of  not  implementing  EU 

environmental law’, COWI and Eunomia, 2019. 

15   Data  valid  for  the  first  six  months  of  operation  (New  EU  VAT  rules  for  e-commerce:  Updated  revenue 

figures point to a successful implementation (europa.eu)). 

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EU  and  that  citizens  can  benefit  from  the  same  level  of  protection  of  their  rights  wherever 
they live in the EU. 

Protecting EU citizenship  

Investor  citizenship  (‘golden  passport’)  schemes  in  certain  Member  States  have  caused 
great  concern  in  recent  years.  The  systematic  granting  of  nationality,  and  thereby  EU 
citizenship,  in  exchange  for  a  pre-determined  payment  and  without  a  genuine  link  with  a 
Member  State  breaches  the  concept  of  EU  citizenship  as  well  as  the  principle  of  sincere 
cooperation.  It also poses serious risks as regards security, money laundering, tax evasion 
and corruption. To stay firm on the stance that EU citizenship is not for sale and that any 
existing  investor  citizenship  scheme  should  be  repealed  without  delay,  the  Commission 
opened  groundbreaking  infringement  procedures  against  two  Member  States,  and 
ultimately  referred  one  of  them  to  the  Court  of  Justice.  In  addition,  the  Commission  has 
been  in  contact  with  another  Member  State,  which  has  in  the  meantime  abolished  its 
investor citizenship scheme.   

Upholding equality and non-discrimination 

Respect for human dignity and equality are core values of the EU, enshrined in Article 2 of 
the  Treaty  on  the  European  Union.  These  values  are  not  mere  ethical  standards,  but 
fundamental  rights  enshrined  in  the  Charter16  and  general  principles  of  EU  law.  The 
Commission took steps to protect the rights of LGBTIQ people, and ultimately referred one 
Member State to the Court of Justice over national legislation which discriminates against 
people on the basis of their sexual orientation or gender identity.  

On  gender  equality,  and  more  specifically  in  relation  to  social  security,  the  Commission 
took  steps  against  a  Member  State  over  its  pension  law,  which  indirectly  discriminates 
against women in calculating the contribution period required to be entitled to a pension. 

Defending media freedom  

Guaranteeing  media  freedom  and  freedom  of  speech  is  the  foundation  of  an  open, 
democratic and sustainable digital society. Media service providers must be able to access 
the market under non-discriminatory, proportionate and objectively justified conditions, so 
they  can  work  freely  and  independently  everywhere  in  the  European  Union.  The 
Commission referred a Member State to the Court of Justice for breaching internal market 
telecom rules and violating the freedom of speech as enshrined in the Charter. 

Supporting legal migration and equal treatment for third-country nationals  

At  the  same  time,  attracting  talent  from  third  countries  is  enriching  for  our  society  and 
beneficial  to  our  economies.  EU  rules  provide  for  common  conditions  of  entry  and 
residence for certain categories of nationals from non-EU countries, and for equal treatment 
with  EU  citizens  in  several  areas.  The  Commission  took  steps  against  several  Member 

16   The  right  to  non-discrimination  is  enshrined  in  the  Charter,  which  prohibits  discrimination  based  on  any 

grounds. 

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States  for  introducing  unjustified  obstacles  for  third-country  nationals  to  access  jobs  and 
engage in self-employed activities. The Commission also launched infringement procedures 
for excessive burdens in the processing of EU permits17. As a result, several Member States 
have amended their national legislation to comply with EU law, making it easier and more 
attractive for skilled third-country nationals to reside and work in Europe.   

Combating racist and xenophobic hate speech and hate crime 

Hate speech and hate crime not only damage the individuals affected and society at large, 
but  also  strike  at  the  heart  of  EU  values.  The  key  to  achieve  effective  enforcement  is 
stepping up the implementation of the 2008 Framework Decision on combating hate speech 
and hate crime18. The Commission is determined to ensure an effective criminalisation of 
hate  speech  and  hate  crime  and  this  strategy  has  resulted  in  significant  progress  in 
implementation  across  Member  States.  In  this  regard,  its  intention  to  proceed  with 
infringement  procedures,  where  necessary,  was  reconfirmed  in  its  EU  action  plan  against 
racism19. Following a series of infringement cases initiated between 2020 and 2021, several 
Member States have started procedures to amend their legislation, or have already adopted 
new  legislative  changes.  For  example,  the  amendments  adopted  in  one  Member  State 
strengthen the criminalisation and prosecution of hate speech and hate crime offences and 
improve protection for minorities from those crimes. 

Combining forces against terrorism 

Acts of terrorism constitute one of the most serious violations of the fundamental freedoms 
on  which  the  Union  is  founded.  The  terrorist  attacks  in  EU  Member  States  were  a  stark 
reminder  that  police  and  prosecutors  need  better  tools  to  prevent  and  combat  terrorist 
offences.  The  2017  Directive  on  combating  terrorism20  is  the  cornerstone  of  the  Member 
States’  criminal  justice  response  to  terrorism  and  a  key  part  of  the  EU  Security  Union 
framework. The Commission initiated proceedings against several Member States to ensure 
that  the  legal  conditions  are  in  place  to  enable  national  authorities  to  cooperate  and 
exchange information on terrorist threats. 

III. 

IMPLEMENTING AND APPLYING EU LAW: A COMBINED EFFORT 

The  Commission  oversees  the  respect  of  EU  law  by  Member  States  and  it  makes  use  of  a 
variety  of  tools  to  promote  and  enforce  its  correct  application,  including  infringement 
proceedings.  However,  effective  application  and  enforcement  on  the  ground  require  several 
other actors to play their part as well. Enforcement is about cooperating and working hand in 

17   https://home-affairs.ec.europa.eu/policies/migration-and-asylum/legal-migration-and-

integration/work/single-permit-work_en 

18   Framework  Decision  2008/913/JHA  of  28 November  2008  on  combating  certain  forms  and  expressions  of 

racism and xenophobia by means of criminal law. 

19  Commission  Communication,  ‘A  Union  of  equality:  EU  anti-racism  action  plan  2020-2025’,  COM(2020) 

565 final. 

20   Directive (EU) 2017/541 of 15 March 2017 on combating terrorism. 

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hand  with  Member  States  in  the  first  instance,  as  well  as  with  specialised  authorities  like 
consumer  or  data  protection  authorities,  competition  and  regulatory  authorities,  NGOs, 
businesses  and  the  public.  For  the  system  to  function  effectively,  it  relies  both  on  the  full 
commitment of national authorities responsible for the proper application and enforcement of 
the  law,  and  the  involvement  of  the  public,  civil  society,  business  and  others  to  identify 
potential breaches. 

National courts are EU courts when applying EU law and they have a particularly important 
role in the enforcement chain. Where rights of EU citizens or businesses are affected within 
Member  States,  they  must  be  granted  access  to  rapid  and  effective  national  redress,  in  line 
with  the  principle  of  effective  judicial  protection21.  This  is  why  they  must  be  independent, 
impartial and established by law. 

At the same time, the courts in the Member States have the right, and in certain cases even the 
duty, to ask questions to the Court of Justice if they are unsure how to interpret or apply EU 
law. This dialogue by means of a preliminary reference to the Court of Justice is essential for 
the  uniform  application  of  EU  law,  based  on  the  principle  of  primacy  of  EU  law  and  for 
upholding citizens’ rights22. The Commission systematically makes use of its right to submit 
observations  in  all  preliminary  questions  proceedings  before  the  Court  of  Justice23.  If  the 
Court finds a breach of EU law, the referring court has the obligation to remedy that breach in 
the concrete case before it.  

In  addition,  the  Commission  not  only  monitors  the  individual  Member  State's  compliance 
with the judgment, but  also ensures that all other Member States  equally  apply the standard 
set by the Court of Justice. The increase in the number of preliminary rulings over time24, and 
the Commission’s interventions in these cases, have therefore made an important contribution 
to stronger enforcement of EU law in the Member States. Furthermore, the Commission has 
launched  infringement  cases  for  breaches  affecting  the  principles  of  autonomy,  primacy, 
effectiveness and uniform application of Union law, as well as the respect of the authority of 
the Court of Justice.  

The Commission  implements the European judicial training strategy25  to  ensure that  justice 
professionals  like  judges,  prosecutors,  lawyers  and  other  professions  involved  in  the 
administration of justice know EU law and EU judicial cooperation instruments, and have the 

21  Article 19(1),  second  subparagraph,  of  the  Treaty  on  European  Union  and  Article 47  of  the  EU  Charter  of 

Fundamental Rights. 

22   Cases of national rules or practices that impede the procedure for preliminary rulings, for example, because 
judges  can  incur  disciplinary  liability  for  submitting  a  preliminary  reference  or  for  applying  EU  law  as 
interpreted  by  the  Court  of  Justice,  or  where  the  national  courts  are  prevented  from  acknowledging  the 
primacy of EU law, have a systemic impact on enforcement of EU law. 

23   In competition and state aid matters, the Commission regularly provides assistance and intervenes in national 

court proceedings. 

24  The number of preliminary rulings showed a strong increase over the past 10 years, with 567 references for 

preliminary rulings in 2021, compared to 385 in 2010. 

25  Commission Communication ‘Ensuring justice in the EU  — a European judicial training strategy for 2021-

2024’, COM(2020) 713 final. 

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right  skills  to  uphold  the  rule  of  law  and  correctly  and  coherently  apply  EU  law  in  their 
country. 

Advancing the implementation of EU taxation rules via intervention in 
preliminary rulings 

In the area of taxation, preliminary rulings are an essential avenue for the Commission to 
ensure that EU law is correctly applied. 

For  direct  taxation,  preliminary  rulings  deal  with  concrete  cross-border  obstacles  to  the 
freedom  of movement,  caused by national  tax systems.  For example, the  Court of Justice 
held in a preliminary ruling that citizens giving money to a charity in another Member State 
should  enjoy  the  same  tax  relief  as  when  they  would  be  giving  money  to  a  comparable 
charity in their own Member State26. 

In indirect taxation, preliminary rulings followed by a dialogue between the Commission 
and Member States have led Member States to amend their legislation. This was the case 
for  one  Member  State  on  the  use  of  vehicles  with  foreign  registration  plates27,  and  for 
another Member State with regard to restrictive conditions on VAT rules28.  

National  parliaments  also  have  an  important  role  to  play,  namely  working  together  with 
national  governments  on  adopting  laws  to  transpose  EU  directives  and  implement  certain 
regulations  through  national  law.  The  Commission  adopted  a  strict  line  on  the  non-
transposition  of  directives,  using  the  full  potential  of  the  Article  260(3)  TFEU  instrument 
introduced  by  the  Lisbon  Treaty:  the  Commission  automatically  opens  cases  and 
systematically  asks  the  Court  to  impose  financial  sanctions  when  Member  States  fail  to 
transpose  directives  on  time.  This  approach  has  had  a  significant  impact  and  non-
communication cases which the Commission had to refer to the Court of Justice have dropped 
by more than half since the entry into force of the Lisbon Treaty. Nevertheless, the number of 
infringement  cases  launched  because  Member  States  have  not  communicated  their 
transposition  measures  to  the  Commission  by  the  deadline  set  in  the  EU  directives  still 
remains high. National legislators have an important role in ensuring that transposition is both 
timely  and  complete:  when  notifying  transposition  measures  to  the  Commission,  Member 
States need to explain in a clear and transparent manner how each provision of a directive has 
been transposed29.  

Other  key  bodies  with  an  important  role  to  play  in  enforcing  EU  law  include  sectoral 
regulatory, inspection and enforcement bodies, national and regional supervisory authorities, 

26 .  Judgement of the Court of Justice in case C-318/07, Persche. 
27   Judgment  of  the  Court  of  Justice  in  case  C-274/20,  GN  and  WX  v  Prefettura  di  Massa  Carrara  –  Ufficio 

Territoriale del Governo di Massa Carrara. 

28   Judgment of the Court of Justice in case C-335/19, E. Sp. z o.o. Sp. k. v Minister Finansów.  
29  In its judgment in case C-543/17, Commission v Belgium, the Court of Justice clarified that Member States 
have  an  obligation  to  provide  to  the  Commission  sufficiently  clear  and  precise  information  on  which 
provisions of national law transpose the Directive. 

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prosecutors,  national  ombudspersons  and  equality  bodies.  The  Commission  focuses  its 
enforcement action on ensuring that national authorities are sufficiently equipped and able to 
carry out their duties by looking at conflicts of interest, independence30 and staffing of such 
authorities.  The  Commission  also  actively  supports  Member  States’  implementation  efforts 
with technical and financial support and with expertise underpinning structural reforms31, as 
well as specialised training programmes32. For instance, the Commission has provided grants 
to  national  data  protection  supervisory  authorities  to  assist  in  their  work  of  enforcing  the 
General  Data  Protection  Regulation33.  The  Commission  also  launched  infringement 
procedures  against  Member  States  to  ensure  that  these  authorities  are  independent,  and 
equipped with the necessary powers to sanction breaches of that regulation.  

Specific  EU  initiatives  have  also  helped,  with  cross-border  redress  mechanisms  such  as 
SOLVIT, the European Small Claims procedure, or the European Online Dispute Resolution. 
In the financial sector, the three European supervisory authorities34 have the power to conduct 
reviews  of  national  competent  authorities  to  assess  the  convergence  of  national  provisions 
adopted in the implementation of Union law. They are also competent to investigate and take 
action in case national  competent authorities fail to comply with their obligations under EU 
law.  This  contributes  to  ensuring  the  consistent  and  effective  application  of  EU  law  in  the 
financial sector. 

The role of the European Consumer Centres35 in enforcing consumer law 

European  Consumer  Centres  are  key  in  detecting  and  taking  action  against  potential 
widespread  breaches  of  consumer  law.  This  has  included  action  to  ensure  that  online 
accommodation reservation systems  are free from  manipulative techniques such as hiding 
sponsoring in ranking, unduly putting time pressure on users, or misrepresenting rebates. 

In  2020,  following  a  dialogue  with  the  Commission  and  national  authorities,  leading 
booking accommodation platforms made changes in the way they presents offers, discounts 
and prices to consumers so that users are able to make informed comparisons in line with 
the requirements of EU consumer law. This included avoiding presenting an offer as being 

30   This is the case for example of National Regulatory Authorities’ independence in the energy sector, which is 
a core principle of the third energy package, and is also key for ensuring effective consumer protection, as 
confirmed by the Court of Justice (case C-718/18 Commission v Germany). 

31  For instance, through the Technical Support Instrument and TAIEX-EIR-peer-to-peer tool. 
32  For 

the  Commission  has  developed  an  EU  environmental 

instance, 

law 

training  package 

(https://ec.europa.eu/environment/legal/law/training_package.htm). 

33   Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing 
of  personal  data  and  on  the  free  movement  of  such  data,  and  repealing  Directive  95/46/EC  (General  Data 
Protection Regulation). 

34   The  European  Banking  Authority  (EBA),  the  European  Securities  and  Markets  Authority  (ESMA)  and  the 

European Insurance and Occupational Pensions Authority (EIOPA). 

35  The  European  Consumer  Centers  Network  (ECC  NET)  connects  national  authorities  responsible  for 
enforcing  EU  consumer  protection  laws  (https://ec.europa.eu/info/live-work-travel-eu/consumer-rights-and-
complaints/resolve-your-consumer-complaint/european-consumer-centres-network-ecc-net_en).  Cooperation 
in this  field covers consumer rules in various areas such as unfair commercial practices, e-commerce, geo-
blocking, package holidays, online selling, and passenger rights. 

9 

 
 
                                                           
time-limited if the same price would remain available afterwards, and clarifying how results 
are  ranked.  A  similar  dialogue  led  a  major  online  marketplace  to  bring  its  cancellation 
practices  in  line  with  EU  consumer  rules  in  2022.  This  will  make  it  much  easier  for 
consumers to unsubscribe from premium services than used to be the case, needing just two 
clicks with a prominent and clear ‘cancel button’. 

Training SMEs in consumer law 

The Consumer Law Ready36 project is an EU-wide training programme in consumer law for 
small  and  medium-sized  enterprises.  A  lead  trainer  appointed  in  each  Member  State 
provides training to intermediaries who then train SMEs. This will help minimise breaches 
and increase awareness of how EU consumer law works.  

IV. 

SMART ENFORCEMENT - PREVENTING BREACHES OF EU LAW FROM THE 
OUTSET 

To  anticipate  and  avoid  infringements  from  occurring,  implementation  and  enforcement 
issues are already considered when the Commission is designing proposals for EU legislation. 
Implementation  strategies37  prepared  by  the  Commission  in  cooperation  with  national 
administrations help  to  identify  the main  challenges that Member States  face in  transposing 
and  applying  EU  legislation,  and  set  out  the  tools  that  the  Commission  uses  to  support 
compliance. 

Helping Member States to prepare for implementation 

The Health Technology Assessment Regulation38 aims to improve EU patients’ access to 
innovative technologies in the area of health, such as in relation to medicines and medical 
devices. The Commission published a rolling plan39 to support national authorities, health 
technology developers and stakeholders in implementation of this legislation once it starts 
to apply in 2025. 

To  avoid  diverging  interpretations  of  newly  adopted  EU  law  and  to  foster  a  common 
understanding  of  existing  rules,  the  Commission  provides  practical  guidance40  to  Member 
States,  businesses,  stakeholders,  and  the  public  on  how  to  understand  and  apply  specific 
aspects of EU law. 

This  guidance  can,  for  instance,  take  the  form  of  guidelines  on  the  interpretation  and 
application  of  EU  law  or  ‘Frequently  Asked  Questions’  published  online.  They  have  been 

36  http://www.consumerlawready.eu/ 
37   Better  Regulation  Guidelines,  3.11.2021,  https://ec.europa.eu/info/law/law-making-process/planning-and-

proposing-law/better-regulation-why-and-how/better-regulation-guidelines-and-toolbox_en  

38  Regulation (EU) 2021/2282 of 15 December 2021 on health technology assessment. 
39  https://health.ec.europa.eu/system/files/2022-05/hta_htar_rolling-plan_en.pdf  
40  The final and authoritative interpretation of EU law can only be provided by the Court of Justice. 

10 

 
 
 
                                                           
issued in all major policy areas. In particular, the Commission uses guidelines to accompany 
Member States through the transposition process for directives and application of regulations, 
usually starting right after the adoption of an act, as well as to consolidate the case-law of the 
Court of Justice41. 

Commission guidance to help with the practical application of legislation 

Commission  guidance  on  the  application  of  Article 17  of  the  Copyright  Directive42 
supports  the  consistent  application  of  new  rules  on  content-sharing  platforms  across 
Member States. The guidance is a practical document to clarify the situation for users and 
rights holders about what can and cannot be uploaded without the consent of the holder of 
the  copyright,  and  when  the  platforms  can  be  requested  to  remove  or  review  content 
uploaded by users. 

Following  the  adoption  of  the  Mobility  Package43,  the  Commission  issued  guidance 
documents  in  the  form  of  ‘Questions  and  Answers’  and  Guidance  notes  on  the 
interpretation of several sets of new rules relating in particular to driving times44, posting of 
drivers45, smart tachographs46, and the obligation of the return of vehicles to the operational 
center47, in order to assist stakeholders to correctly apply these rules and Member States to 
transpose them and enforce them consistently. 

The Commission also deploys a wide range of other meeting-based tools, such as committees, 
networks,  expert  groups  and  workshops,  to  promote  effective  implementation  of  EU  law 
across  policy  areas.  These  groups  allow  Member  States  to  share  good  practices  and  discuss 
problems  encountered  in  applying  EU  legislation.  The  Commission  can  then  identify 
implementation difficulties at an early stage and work on possible remedies, including the use 
of IT tools to support more efficient and effective implementation. A key forum for improving 
application and enforcement is the Single Market Enforcement Task Force, set up following 
the European Council’s conclusions on industrial policy in 202048. A core part of its work is 
to look at barriers to enforcement of the single market rules and to devise practical solutions. 

41  For  instance,  the  Commission  has  produced  several  general  interpretative  guidelines  concerning  the  nature 
protection Directives, https://ec.europa.eu/environment/nature/natura2000/management/guidance_en.htm  

42  Directive (EU) 2019/790 of 17 April 2019 on copyright and related rights in the Digital Single Market.  
43   https://transport.ec.europa.eu/transport-modes/road/mobility-package-i_en  
44  Regulation (EC) No 561/2006 of 15 March 2006 on the harmonisation of certain social legislation relating to 

road transport.  

45  Directive (EU) 2020/1057 of 15 July 2020 laying down specific rules with respect to Directive 96/71/EC and 

Directive 2014/67/EU for posting drivers in the road transport sector. 

46  Regulation (EU) No 165/2014 of 4 February 2014 on tachographs in road transport. 
47  Regulation (EC) No 1071/2009 of 21 October 2009 establishing common rules concerning the conditions to 

be complied with to pursue the occupation of road transport operator. 

48  https://single-market-economy.ec.europa.eu/single-market/single-market-enforcement-taskforce_en  

11 

 
 
 
 
                                                           
Preventing barriers in the single market before they materialise 

The  Single  Market  Transparency  Directive49  requires  Member  States  to  notify  draft 
national  technical  regulations  to  the  Commission,  before  their  adoption,  to  avoid  the 
creation  of  barriers  to  the  single  market.  This  notification  mechanism  has  given  rise  to  a 
positive practice of information exchange, dialogue, and cooperation between the Member 
States  and  the  Commission,  and  among  Member  States.  It  also  shares  good  practices  to 
solve  common  problems  regarding  technical  regulations,  especially  in  newly  regulated 
sectors  such  as  digital  services  and  new  technologies.  The  mechanism  has  not  only 
succeeded in avoiding new rules that breach EU law, but also helped apply the principle of 
mutual recognition.  

In  the  area  of  services,  the  notification  procedure  under  the  Services  Directive50  aims  to 
prevent the creation of unjustified regulatory barriers to the single market. The Commission 
actively  encourages  transparency  about  Member  States’  measures  on  services  and  makes 
continued efforts to increase the efficiency of that notification procedure. 

The Proportionality Test Directive is another tool that prevents new barriers to the single 
market for professional services. Any new national professional regulations must be subject 
to a thorough assessment and proof of proportionality is necessary before adoption.  

Working with Member States to improve enforcement 

The  Web  Accessibility  Directive  expert  group  (WADEX)51  was  set  up  to  assist  the 
Commission in implementing the Web Accessibility Directive52 and to provide a forum for 
the  exchange  of  good  practices  and  experiences  in  the  field  of  web  accessibility  among 
Member  States.  In  2020-2022,  monthly  webinars  were  held,  which  helped  to  ensure  that 
Member States followed a common approach and that the first reports by Member States on 
monitoring  websites  and  mobile  apps  were  submitted  in  a  timely  and  effective  way. 
According to these  reports, over 10 000 websites and 300 mobile apps were tested by the 
Member States during this period. This exercise contributed to an increased awareness and 
improved accessibility of public sector online content on websites and mobile apps. 

Using IT tools to facilitate compliance and enforcement 

The  Internal  Market  Information  System  (IMI)53  is  an  online  IT  tool  that  facilitates 
administrative  cooperation  on  single  market  legislation  for  Member  States’  public 
administrations.  This  can  help  the  public  and  businesses  operating  across  borders.  It  is 
environmentally friendly, secure and multilingual, and it reduces administrative burden and 
supports 19 policy areas. 

49  Directive (EU) 2015/1535 of 9 September 2015 laying down a procedure for the provision of information in 
the  field  of  technical  regulations  and  of  rules  on  Information  Society  services  (codifying  Directive 
98/34/EC). 

50   Directive 2006/123/EC of 12 December 2006 on services in the internal market. 
51  https://digital-strategy.ec.europa.eu/en/policies/web-accessibility-expert-group 
52  Directive (EU) 2016/2102 of 26 October 2016 on the accessibility of the websites and mobile applications of 

public sector bodies. 

53   https://ec.europa.eu/internal_market/imi-net/index_en.htm 

12 

 
 
                                                           
It  can  be  adapted  to  support  specific  purposes.  For  example,  in  2022,  three  new 
Commission modules were launched to facilitate cross-border enforcement of the new rules 
introduced by the Mobility Package,  in particular on posting of drivers, return of a driver 
and return of a vehicle. In addition, the new public interface connected to IMI was created 
in  order  to  make  it  easier  for  road  transport  operators  to  submit  posting  declarations  to 
competent  authorities  of  Member  States  where  they  post  their  drivers.  Road  transport 
operators throughout Europe can now submit their posting declaration completely online in 
a very simple way, saving time and money. Since the launch, more than 10 million posting 
declarations have been submitted. 

Beyond  committees  and  expert  groups,  the  Commission  also  organises  bilateral  meetings 
with Member States to review compliance across a specific policy area. These compliance 
meetings  allow  the  Commission  and  the  relevant  Member  State  to  review  all  open 
infringement  and  EU  Pilot  procedures  in  that  particular  field.  They  have  proven  useful  in 
identifying and resolving cross-cutting issues, saving time by addressing several cases in one 
meeting and developing mutual understanding between national authorities and Commission 
services.  

Linking EU policies and support 

Financial support from the EU has also proven to be an effective tool to encourage Member 
States to carry out reforms and, where appropriate, to accelerate achievement of the objectives 
laid down in EU law. This support includes European structural and investment funds such as 
the  European  Maritime,  Fisheries  and  Aquaculture  Fund  or  Cohesion  Policy  funds,  funding 
through the Customs and Fiscalis programmes, and grants and loans under the Recovery and 
Resilience Facility54 (RRF). 

The  aim  of  the  RRF  is  to  mitigate  the  economic  and  social  impact  of  the  coronavirus 
pandemic  and  to  make  European  economies  and  societies  more  sustainable,  resilient  and 
better prepared for the challenges and opportunities of the green and digital transitions. The 
Facility is a temporary recovery instrument. It allows the Commission to raise funds to help 
Member States implement reforms and investments, included in their own national plans, in 
line  with  the  EU’s  priorities,  and  which  address  challenges  identified  in  country-specific 
recommendations  under  the  European  Semester  framework  of  economic  and  social  policy 
coordination.  Although  the  RRF  is  not  an  enforcement  tool,  those  priorities,  translated  into 
milestones and targets, need to be met for Member States to receive disbursements. 

The RRF helping the EU achieve its target of climate neutrality  

To accelerate the green transition, in particular in view of the ‘Fit for 55’ objectives, many 
Member States are focusing on the transport and buildings sectors in their national recovery 

54   https://ec.europa.eu/info/business-economy-euro/recovery-coronavirus/recovery-and-resilience-facility_en 

Established  by  Regulation  (EU)  2021/241  of  12  February  2021  establishing  the  Recovery  and  Resilience 
Facility. 

13 

 
 
 
                                                           
and resilience plans. The Facility will be used, amongst other things, to support investments 
for the thermal renovation of buildings, to green the vehicle fleet and to support the modal 
shift  towards  rail  transport.  As  an  example,  in  one  Member  State,  the  plan  will  finance  a 
grant  allocated  to  homeowners  to  help  pay  for  heating  replacement,  ventilation,  or  for 
energy  audits  for  single-family  houses  or  apartments  in  collective  housing.  These 
investments  will  finance  the  thermal  renovation  of  400  000  households  in  that  Member 
State.  

The  use  of  co-financing  conditions  attached  to  the  disbursement  of,  for  instance,  regional 
funds,  to  develop  infrastructure  under  EU  cohesion  policy,  has  also  proven  to  be  a  strong 
incentive for Member States to accelerate and improve their compliance with the related EU 
law. 

Using financing conditions to drive compliance in the water and waste sector 

The  investment  required  to  reach  full  compliance  with  EU  legislation  in  sectors  such  as 
water  or  waste  management  is  high:  the  total  cumulative  expenditure  needed  for 
compliance by 2030 for water supply and sanitation amounts to EUR 255 billion across the 
27  Member  States55.  Similarly,  the  additional  investment  needed  to  comply  with  circular 
economy  and  waste  management  targets  is  estimated  at  between  EUR 13 billion  and 
EUR 28 billion  per  year  to  203056.  This  is  needed  to  upgrade  the  waste  system  by 
improving collection, sorting, bio waste treatment, reprocessing and digitalising registries. 

Some  Member  States  rely,  for  instance,  on  EU  cohesion  funds  to  finance  the  necessary 
investments.  However,  access 
is  conditional  upon  specific 
to  EU  co-financing 
requirements57.  Member  States  only  receive  the  co-financing  if  they  meet  a  number  of 
conditions  set  out  in  EU law (such as  preparing  waste management plans or planning for 
required investments  in  the water sector).  This  ensures that EU  co-financing will be used 
efficiently and will make it possible to put in place key environmental infrastructure and to 
meet the standards set by the EU waste and water legislation. 

Respect  for the  rule of law  is  key  for the sound  financial management of the Union budget 
and for effective use of Union funding. Since 1 January 2021, the Conditionality Regulation58 
is  in  place,  protecting  the  EU  budget  from  being  affected  by  breaches  of  the  rule  of  law  in 
Member  States.  The  Commission  published  guidelines  on  the  application  of  the  general 

55   OECD, ‘Financing Water Supply, Sanitation and Flood Protection: Challenges in the EU Member States and 
Policy Options’, OECD Studies on Water, OECD Publishing, Paris, https://doi.org/10.1787/6893cdac-en. 
56   Commission  Communication  ‘Environmental  Implementation  Review  2022  –  Turning  the  tide  through 

environmental compliance’, COM(2022) 438 final. 

57   Called  ex  -ante  conditionalities  (for  the  2014-2020  programming  period)  or  enabling  conditions  (for  the 

2021-2027 programming period). 

58   Regulation  (EU,  Euratom)  2020/2092  of  16  December  2020  on  a  general  regime  of  conditionality  for  the 

protection of the Union budget. 

14 

 
 
 
 
                                                           
regime  of  conditionality  on  2  March  2022.  A  first  proposal  for  a  Council  Implementing 
Decision was adopted on 18 September 202259. 

Beyond  financial  support,  the  Commission  also  provides  tailor-made  technical  expertise  to 
EU Member States to design and implement reforms under the Technical Support Instrument. 
The Technical Support Instrument supports national authorities in improving their capacity to 
design,  develop  and 
in  several  domains 
(administrative  cooperation,  rule  of  law,  reform  of  the  justice  systems,  strengthening  of 
financial  supervision  and  reinforcement  of  the  fight  against  fraud,  corruption  and  money 
laundering).  

resilience-enhancing 

implement 

reforms 

Promoting good public administration through PACE (Public Administration 
Cooperation Exchange) 

Public administrations are the direct interface between the EU and citizens, as they translate 
EU  law  and  programmes  into  concrete  actions.  The  quality  of  public  administrations  is  a 
defining  factor  for  the  competitiveness  of  Member  States,  and  therefore  of  the  EU  as  a 
whole60. The Commission is piloting, under the Technical Support Instrument, an initiative 
for  Public  Administration  Cooperation  Exchange  (PACE)  through  which  officials  can  be 
temporarily seconded to another Member State. This programme allows participants to gain 
knowledge  and  skills,  to  create  bonds  and  ultimately  to  contribute  to  the  creation  of  a 
genuine European administrative space.  

V. 

EARLY DETECTION AND RESOLUTION OF BREACHES OF EU LAW 

Increased transparency and monitoring mechanisms to identify issues 

Increased  transparency,  publication  of  compliance  information  and  regular  monitoring 
mechanisms  have  also  proved  effective  in  encouraging  Member  States  towards  faster 
compliance or at least, in identifying areas that require further attention.  

When  reports  on  these  issues  are  published,  they  allow  the  public  to  follow  their  Member 
State’s performance and level of compliance in specific policy areas, raise awareness among 
businesses, and encourage public debate. Scoreboards and other similar  assessments help  to 
focus this work, with tools such as the Single Market Scoreboard61, the European Semester’s 
country-specific reports62, the Environmental Implementation Review63 and its accompanying 

59   Proposal for a Council Implementing Decision on measures for the protection of the Union budget against 

breaches of the principles of the rule of law in Hungary, COM(2022) 485 final. 

60   Commission Staff Working  Document,  ‘Supporting public administrations in EU Member States to deliver 

reforms and prepare for the future’, SWD(2021) 101.  

61  https://single-market-scoreboard.ec.europa.eu/ 
62  https://ec.europa.eu/info/publications/2022-european-semester-country-reports_en 
63  https://environment.ec.europa.eu/law-and-governance/environmental-implementation-review_en 

15 

 
 
                                                           
environmental infringements interactive map64, or the publication of Commission reactions to 
Member  State  notifications  under  the  Single  Market  Transparency  Directive.  Other 
instruments, such as the Rule of Law Report or the EU Justice Scoreboard65, provide country-
specific insight into developments in the Member States, which have a key role to play in the 
effective enforcement of EU law.  A  well-functioning national  justice system  is  essential for 
providing effective judicial protection of rights which citizens and businesses derive from EU 
law. In some specific policy areas, the Commission publishes  information about the state of 
transposition of directives by Member States66. 

The  Commission  also  frequently  reports  on  the  implementation  of  specific  instruments  or 
areas of EU law. These reports not only aim to inform the public about the areas where their 
rights  are  at  risk  but  also  seek  to  identify  general  trends  and  issues,  helping  enforcement 
action against Member States and inspiring a possible review of the law. 

Schengen evaluation 

A well-functioning Schengen area67 depends on the correct and effective implementation of 
the Schengen acquis and on mutual trust among Member States. The Schengen Evaluation 
and  Monitoring  Mechanism68  provides  for  objective  and  impartial  evaluations,  to  quickly 
identify  deficiencies  in  the  application  of  Schengen  rules  and  to  ensure  they  are  swiftly 
addressed.  The  Commission  and  Member  States  carry  out  evaluation  visits,  which  are 
followed  by  Council  recommendations  to  the  Member  States  for  remedial  action.  The 
mechanism  has  been  updated  and  improved69,  and  a  more  streamlined  procedure  ensures 
that serious deficiencies in particular are addressed promptly. 

Rule of Law Report 

The  annual  Rule  of  Law  Report70  is  at  the  centre  of  the  European  Rule  of  Law 
Mechanism71. In July 2022, the Commission presented its third annual Rule of Law Report, 
along with its 27 country-specific chapters. The Report is the result of close dialogue with 
national  authorities  and  stakeholders,  and  covers  all  Member  States  on  an  objective  and 

64  https://environment.ec.europa.eu/law-and-governance/environmental-implementation-

review_en#environmental-infringements-map-and-dashboard  

65  https://ec.europa.eu/info/policies/justice-and-fundamental-rights/upholding-rule-law/eu-justice-

scoreboard_en 

66  https://finance.ec.europa.eu/regulation-and-supervision/enforcement-and-infringements-banking-and-

finance-law/monitoring-banking-and-finance-directives_en 

67   The Schengen  Area  is  an  area  without  internal  borders,  within  which  citizens  and  many  non-EU  nationals 
staying  legally  in the  EU  can  freely  circulate  without  being  subject  to  border  checks.  Since  1985,  it  has 
gradually grown and encompasses almost all EU Member States and a few associated non-EU countries. 
68   https://home-affairs.ec.europa.eu/policies/schengen-borders-and-visa/schengen-area/schengen-evaluation-

and-monitoring_en  

69   Regulation  (EU)  2022/922  of  9 June  2022  on  the  establishment  and  operation  of  an  evaluation  and 

monitoring mechanism to verify the application of the Schengen acquis. 

70  https://ec.europa.eu/info/policies/justice-and-fundamental-rights/upholding-rule-law/rule-law/rule-law-

mechanism/2022-rule-law-report_en  

71  https://ec.europa.eu/info/policies/justice-and-fundamental-rights/upholding-rule-law/rule-law/rule-law-

mechanism_en  

16 

 
 
                                                           
impartial basis, looking at the four key pillars for the rule of law: justice systems, the anti-
corruption framework, media pluralism and freedom, and other institutional issues linked to 
checks  and  balances.  Since  2022,  the  Report  comes  with  specific  recommendations 
addressed  to  each  Member  State.  In  line  with  the  preventive  nature  of  the  report,  the 
objective of the recommendations is to assist and support Member States in their efforts to 
take  forward  ongoing  or  planned  reforms  and  help  them  identify  where  improvements, 
follow-up to recent changes or reforms are needed72. 

Carrying out audits to verify compliance 

In  some  areas  of  EU  law,  the  Commission  carries  out  audits  to  verify  if  Member  States 
comply with EU rules in practice and to assess national controls. 

Audits are an essential tool for protecting the EU budget. They help detect irregular payments 
and recover amounts unduly spent by the Member State for not complying with the rules and 
principles of sound financial management. Recommendations resulting from audits and action 
plans instigated by the Member States at the request of the Commission often directly lead to 
improved implementation of rules by Member States' authorities. 

Protecting EU standards of food and feed safety 

People  in  the  EU  expect  high  standards  of  food  and  feed  safety  and  of  animal  and  plant 
health. These standards are protected by controls, including audits, in Member States and in 
non-EU  countries  that  export  plants,  animals  and  food  to  the  EU.  In  2019-2020,  the 
Commission carried out 170 audits and similar checks on the official control systems of the 
Member States, resulting in 527 recommendations to Member States.  In an overwhelming 
number  of  cases,  Member  States  took  corrective  action,  or  provided  satisfactory 
commitments to address the shortcomings. In 2020, around 17 million operators in the agri-
food chain were subject to official controls by national authorities. They carried out more 
than four million controls on these operators. This has helped national authorities to better 
enforce the EU’s high standards of food and feed safety. 

Drawing up action plans to improve compliance with common rules for fisheries 

The Commission inspects Member States to verify how they implement fisheries controls. 
If  it  identifies  systematic  control  deficiencies,  it  draws  up  action  plans  together  with 
Member  States,  in  order  to  strengthen  their  control  systems.  These  action  plans  help  the 
Commission  to  follow  up  on  implementation  and  progress  in  Member  States’  fisheries 
control  systems,  which  are  essential  for  ensuring  sustainable  fisheries  and  healthy  fish 
stocks.  This  has  resulted  in  more  reliable  catch  reporting  and  improved  systems  for 
detecting infringements of the common fisheries policy. 

72   Commission  Communication, ‘2022 Rule of Law  Report The rule of law  situation in the European Union’ 

COM(2022) 500 final. 

17 

 
 
 
                                                           
Ensuring the regularity of payments in agriculture field 

The  Commission  carries  out  regular  audits  in  Member  States  to  verify  Member  States’ 
respect of the EU legislation regulating the support provided via the Common Agricultural 
Policy  to  farmers  and  other  beneficiaries.  In  case  of  non-compliances  or  system  control 
deficiencies,  the  Commission  can  suspend  or  recover  EU  financing  from  the  Member 
States.  These financial  corrections  have  proved to be effective mechanisms  for correcting 
the  errors  made  and  for  protecting  the  EU  budget.  In  addition,  to  strengthen  the  Member 
State’s control systems, the Commission requests the Member State to implement an action 
plan. 

Pre-infringement process (EU Pilot) 

Where the Commission, despite its preventive efforts and support to Member States, identifies 
a possible breach of EU law, it may decide to use a pre-infringement process, known as EU 
Pilot73. This tool is used when it offers an added value: in 2021, out of 302 infringement cases 
opened  by  the  Commission  after  own-initiative  investigations  or  following  complaints74,  33 
were preceded by an EU Pilot process. This is a tool that can be used where it is likely to lead 
to  swifter  compliance  than  a  formal  infringement  procedure.  It  allows  the  Commission  to 
resolve a number of cases at the EU Pilot stage without the need to move to an infringement 
procedure. This may be the case, for example, if the issues at stake are of a technical nature. It 
can  also  prove  useful  in  cases  where  the  Commission  wishes  to  collect  factual  or  legal 
information  needed  to  carry  out  its  assessment75.  It  is  not  used  where  the  breach  is  well-
evidenced,  obvious  or  self-acknowledged,  nor  is  it  used  for  more  sensitive  issues  where 
discussions at technical level are less likely to lead to a successful outcome. The Commission 
also  has  to  guard  against  the  risk  that  such  a  process  causes  unnecessary  delay:  if  the 
procedure  becomes  excessively  lengthy  without  substantial  progress,  or  if  there  is  a  lack  of 
cooperation  from  the  Member  State,  the  Commission  terminates  the  EU  Pilot  process  and 
switches to an infringement procedure. 

Over time, the EU Pilot process has proven its value. It has used an approach of harnessing 
openness  and  mutual  trust  between  Member  States  and  the  Commission  to  bring  about 
compliance  more  quickly.  In  2021,  over  80%  of  EU  Pilot  processes  were  resolved 
satisfactorily. Where it does not succeed, recourse is made to infringement proceedings. 

73  EU  Pilot  is  an  instrument  of  cooperation  and  dialogue  between  the  Commission  and  the  Member  States 
related to issues of (potential) non-compliance with EU law. The Commission’s use of EU Pilot is set out in 
specific internal guidelines, revised in July 2020.  

74  This  excludes  infringement  cases  triggered  automatically  for  non-transposition  of  a  Directive  self-

acknowledged by a Member State.  

75  The large majority of infringement procedures are opened without a preceding EU Pilot process. 

18 

 
 
 
                                                           
EU Pilot to ensure that people can use their IBAN account in any Member State 

The  Single  Euro  Payments  Area  (SEPA)  Regulation76  aims  to  ensure  that  any  EU  bank 
account  can  be  used  for  credit  transfers  and  direct  debit  cross-border  as  easily  as 
domestically.  However,  in  some  Member  States,  key  recipients  of  payments  such  as 
telecom companies or taxation or social security authorities did not accept the IBAN code, 
so that accounts in other EU countries could not be used to set up direct debits or to transfer 
funds such as tax returns or pensions. Between 2016 and 2021, the Commission started EU 
Pilot  processes  with  five  Member  States.  As  a  result,  their  legal  framework  has  been 
amended or is being amended to combat the breaches and to ensure appropriate sanctions. 
In  three  cases,  the  Commission  also  launched  infringement  procedures  to  ensure  that 
national  competent  authorities  are  sufficiently  empowered  to  monitor  compliance  and 
impose  sanctions.  This  has  also  resulted  in  legislative  changes  to  give  the  authorities  the 
powers needed. 

EU Pilot to improve cross-border access to healthcare77 

Patients have the right to access healthcare in any Member State and to be reimbursed for 
care  abroad  by  their  home  country.  As  some  Member  States  incorrectly  transposed  EU 
rules on patients’ rights in cross-border healthcare into national legislation, the Commission 
opened  EU  Pilot  processes  to  swiftly  improve  the  access  to  safe  and  high  quality  cross-
border  healthcare  in  these  countries.  While  infringement  procedures  have  been  launched 
against  three  Member  States,  the  EU  Pilot  process  led  to  a  successful  outcome  with  nine 
Member States. In the majority  of those cases,  the Member States amended legislation or 
administrative practices to align it with EU rules. As a consequence, patients benefit from 
less burdensome requirements for prior authorisation, lighter administrative procedures and 
more  transparent  information  about  cross-border  healthcare,  with  the  overall  effect  that 
patients now have easier access to healthcare services in other Member States. 

EU Pilot processes (2017-2021)

81%

73%

77%

63%

77%

512

397

244

171

223

2017

2018

2019

2020

2021

Resolved satisfactorily

EU Pilot processes handled

76  Regulation (EU) No 260/2012 of 14 March 2012 establishing technical and business requirements for credit 

transfers and direct debits in euro. 

77   ‘Cross-border healthcare’ means healthcare provided or prescribed in a Member State other than the Member 

State of affiliation. 

19 

 
 
 
                                                           
VI. 

EFFECTIVE USE OF INFRINGEMENT PROCEDURES 

The  Commission’s  enforcement  policy  has  evolved  over  time.  Since  2017,  the  Commission 
has  increasingly  focused  its  efforts  on  issues  where  its  interventions  can  maximise  added 
value and make a difference in  the  lives and activities of as  many people and businesses as 
possible. The Commission therefore continues to pursue the strategic approach, objectives and 
priorities that it set itself in the 2016 Communication ‘EU law: Better results through better 
application’.  

The primary purpose of the infringement procedure is to ensure that the Member States give 
effect  to  EU  law  in  the  general  interest,  not  to  provide  individual  redress.  So  the 
Commission’s  strategic  approach  means  that  infringement  procedures  rarely  focus  on 
individual  matters,  but  rather  on  systemic  and  structural  issues  affecting  a  large  number  of 
persons or businesses in a given Member State or across the Union. 

Addressing many individual misapplications in one infringement procedure 

In the environment  field, the Commission  used to open individual cases for a single non-
compliant  landfill,  or  one  agglomeration  that  was  non-compliant  with  urban  waste  water 
legislation.  It  now  focuses  on  systemic  cases, 
tackling  sometimes  hundreds  of 
agglomerations  in  one  urban  waste  water  treatment  case  or  dozens  of  landfills  in  waste 
cases.  These  are  much  more  efficient  in  bringing  all  regions  in  a  Member  State  towards 
compliance by means of a single infringement procedure. 

Pursuing issues of general principle raised by a complaint 

The  right  to  freedom  of  association,  enshrined  in  the  Charter,  constitutes  one  of  the 
essential  bases  of  a  democratic  and  pluralistic  society.  In  this  regard,  in  an  infringement 
procedure initiated by the Commission and informed by a complaint, the Court of Justice 
ruled that national legislation of one Member State impeded the free movement of capital 
and the fundamental rights to protection of personal data and freedom of association. 

Isolated  instances  of  possible  wrongful  application  of  EU  law,  which  do  not  raise  general 
issues  of  principle  (such  as  the  incorrect  transposition  of  a  directive  or  impeding  the 
procedure  for  preliminary  rulings),  lacking  evidence  of  a  general  practice  or  of  systemic 
shortcomings, are dealt with more effectively by redress bodies closer to those affected by the 
infringement.  These  can  offer  swift  and  direct  solutions.  Apart  from  the  difficulty  of 
investigating such instances on the ground and the length of an infringement procedure at EU 
level,  a  judgment  by  the  Court  of  Justice  is  addressed  to  a  Member  State  and  can  only 
indirectly  address  an  individual’s  problem.  The  Court  of  Justice  cannot  order  the  Member 
State to pay damages to  an individual adversely  affected by an infringement of EU law. To 
seek  compensation  or  have  a  national  measure  annulled,  complainants  must  still  take  their 
case to a national court. 

20 

 
 
 
The Commission receives about 4 000 complaints each year78. It also receives many petitions 
relating to EU law, forwarded by the Petitions Committee of the European Parliament. Even if 
the  Commission  does  not  investigate  every  single  possible  misapplication  of  EU  law,  it 
continues  to  value  complaints,  written  questions  and  petitions  as  a  source  of  information  in 
broader cases related to systemic or structural breaches of EU law in Member States. 

This strategic approach requires that national rules provide effective redress procedures for a 
breach  of  EU  law,  through  an  independent  and  efficient  judicial  system.  This  is  why  the 
Commission  gives  particular  priority  to  infringements  that  affect  the  capacity  of  national 
judicial  systems  to  contribute  to  the  effective  application  of  EU  law.  In  parallel,  the 
Commission  also  focuses  its  enforcement  efforts  on  ensuring  that  national  authorities  and 
regulatory bodies are equipped to provide effective redress, in terms of powers and resources, 
and  that  national  measures  implementing  EU  law  provide  for  appropriate  penalties  for 
breaches of EU law. 

The Commission’s objective is to make sure that Member States comply with EU law as soon 
as possible.  It  welcomes the fact that the majority  of infringements  are resolved in  an  early 
stage of the procedure79 – over 90% of infringement cases are settled before being referred to 
the Court of Justice. Resolving issues without having to bring the matter before the Court of 
Justice ensures earlier compliance and saves time and money. Member States are required to 
make every effort to comply with the Court’s ruling as soon as possible. However, if despite 
the  Court’s  ruling,  the Member  State  still  does  not  rectify  the  breach,  the  Commission  may 
refer the case back to the Court of Justice and ask for financial penalties to be imposed on the 
Member State80. 

Cases closed depending on infringement stage

1000

800

600

400

200

0

2017

2018

2019

2020

2021

Closed after Letter of formal notice

Closed after Reasoned opinion

Closed after Referral to Court

78  Mostly  received  through  the  online  complaint  form  available  here:  https://ec.europa.eu/assets/sg/report-a-
breach/complaints_en/.  Reference  to  ‘complaints’  includes  so-called  ‘multiple  complaints’,  where  the 
Commission under one complaint file handles a very large number of identical complaints. 

79  In 2021, 69% of infringement cases were closed after an initial letter of formal notice. 
80  Based on Article 260(2) TFEU.  

21 

 
 
 
                                                           
Effective infringement action 

EU  law  on  air  pollution  is  an  area  in  which  ensuring  compliance  may  have  a  high 
economic  cost,  but  where  failure  to  comply  with  EU  law  costs  lives  and  causes  grave 
illness.  It  has  resulted  in  a  high  number  of  infringement  procedures.  By  July  2022,  the 
Commission had initiated 28 infringement cases concerning failure by 18 Member States to 
apply  the  Ambient  Air  Quality  Directive81.  15  cases  have  been  referred  to  the  Court  of 
Justice, and 10 of these have  resulted in a ruling. One of these cases constitutes a second 
referral  to  the  Court,  so  it  may  lead  to  fines.  These  enforcement  efforts  have  been 
instrumental in driving down the number of air quality zones exceeding the legal limits for 
particulate matters from 91 in 2019 to 55 in 202182, and the number of zones with excess 
nitrogen  dioxide  from  68  to  23  in  2021.  This  means  that  people  in  several  cities  across 
Europe can now enjoy cleaner air. Applying EU air quality legislation has helped to drive a 
drop in premature deaths linked to air pollution by one third since 2005, with over 150 000 
lives saved as a result83. 

The Commission pays particular attention to the  protection of European forests, as they 
store  significant  carbon  stocks,  they  remove  carbon  from  the  atmosphere  and  they  are  of 
paramount  importance  for  biodiversity  and  the  provision  of  critical  ecosystem  services. 
When  Member  States  systemically  failed  to  avoid  deterioration  of  forest  habitats  from 
illegal  logging  or  irregular  forest  management  practices,  the  Commission  has  initiated 
infringement  action,  using satellite images as a  means  to  demonstrate the deterioration of 
forest habitats. Several infringement procedures are on-going against four Member States, 
with a ruling already issued by the Court of Justice in one of these cases. In similar Court 
proceedings relating to the protection of forests, the Commission invoked Article 279 of the 
TFEU, asking the Court to impose interim measures to avoid irremediable damage to our 
forests.  The  Court  of  Justice  subsequently  ordered  the  Member  State  concerned  to  cease 
active forest management operations and the removal of centuries-old dead spruces in order 
to  protect  forest  habitats,  or  it  would  otherwise  impose  a  daily  fine  until  the  order  was 
complied with.  

The  Commission  uses  every  means  at  its  disposal  to  protect  European  businesses  against 
barriers to accessing public procurement. This includes ensuring a proper enforcement of 
the  existing  rules  to  avoid  abuse  of  direct  awards  or  the  removal  of  restrictions  to 
subcontracting, which  are key to  allowing  SMEs to  participate  in  tender  procedures, both 
across borders and at national level.  

In  the  area  of  services,  the  Commission  launched  infringement  procedures  against  ten 
Member  States  for  imposing  restrictions  on  certain  services  provided  in  particular  by 
architects,  engineers,  accountants  and  tax  advisers,  lawyers  and  in  the  construction  and 
building  sector.  These  restrictions  made  it  difficult  for  such  companies  to  operate  cross-

81   Directive 2008/50/EC of 21 May 2008 on ambient air quality and cleaner air for Europe. 
82  The update for 2021 is based on latest air quality data available at time of writing, namely for 2020. 
83  Source: European Environment Agency. 

22 

 
 
                                                           
border and scale up. Consequently, people and businesses were unable to benefit from the 
most  competitive  and  innovative  services  available  on  the  EU  market.  Following  those 
infringement procedures, Member States amended their legislation. 

European  consumers  should  face  no  barriers  or  friction  in  accessing  goods  and  services 
online  across  borders,  regardless  of  their  location,  residence,  or  nationality.  The 
Commission  has  supported  Member  States  in  applying  the  Geo-blocking  Regulation84, 
which protects consumer access to e-commerce websites against discrimination on the basis 
of nationality, place of residence or place of establishment for customers shopping online. 
But Member States’ responsibilities include  the requirement to set out how and by whom 
the  rules  would  be  enforced.  In  this  context,  in  2019,  the  Commission  launched 
infringement  procedures  against  nine  Member  States.  By  2021,  all  Member  States  had 
fulfilled their obligations, with  competent  authorities appointed across  all  Member States. 
This  helped,  for  example,  to  prepare  an  EU-wide  investigation  into  a  prominent  online 
search engine over unjustified geo-blocking practices85. 

To  uphold  the  rule  of  law,  and  more  specifically  to  protect  judicial  independence  and 
ensure  the  effective  judicial  protection  by  independent  national  courts,  the  Commission 
took  action against  one Member State  because it had adopted legislation that lowered the 
retirement age of judges, combined with an entirely discretionary power of the executive to 
prolong  active  mandates,  forcing  a  number  of  judges  in  active  duty  into  retirement.  The 
Commission  brought  the  case  before  the  Court  of  Justice,  which  confirmed  the  breach  of 
EU  law.  As  a  result,  the  Member  State  repealed  its  retirement  rules  for  judges  and 
reinstated the judges that had been forced to retire. 

Following the receipt of complaints pointing to  a lack of implementation of the metering 
and  billing  rules  for  heat  and  hot  water  in  households  under  the  Energy  Efficiency 
Directive86, the Commission opened an infringement procedure. Since the directive had not 
been transposed in the Member State concerned, the Commission decided to refer the case 
to  the  Court  of  Justice.  After  the  Court  issued  its  ruling,  the  Member  State  adopted  the 
necessary legislation. People living in multi-apartment buildings now have the right to have 
heat  and hot  water meters installed individually, so  that they  can monitor their individual 
energy consumption and take measures to reduce consumption. 

The Commission opens infringement procedures either on its own initiative, as a follow-up to 
a complaint or automatically every two months, namely non-communication cases triggered 
by a self-declared failure by Member States to transpose EU directives fully by the deadline. 
Pursuing  cases  of  late  transposition  of  directives  into  national  law  has  been  and  remains  a 
priority for the Commission, since these delays prevent the benefits of agreed EU rules from 

84  Short-term review of the Geo-blocking Regulation 
85  https://ec.europa.eu/info/live-work-travel-eu/consumer-rights-and-complaints/enforcement-consumer-

protection/coordinated-actions/social-media-and-search-engines_en#google 

86   Directive 2012/27/EU of 25 October 2012 on energy efficiency. 

23 

 
 
 
                                                           
materialising. Over time, there have been less cases of Member States missing the deadline to 
transpose directives, leading to an overall decrease of infringement procedures87. 

Overview of infringements per type over the years 

1400

1200

1000

800

600

400

200

0

2010

2011

2012

2013

2014

2015

2016

2017

2018

2019

2020

2021

Late transposition (non-communication)

Incorrect transposition

Bad application of Regulations, Treaties and Decisions

In  recent  years,  a  larger  proportion  of  cases  are  opened  following  the  Commission’s  own 
investigations88.  These  own-initiative  infringement  cases  have  made  it  possible  for  the 
Commission to further its strategic approach to enforcement, pursuing priority cases as set out 
in  the  2016  Communication,  including  the  incorrect  transposition  of  directives  and  acting 
swiftly and firmly on infringements which obstruct fundamental freedoms and values of the 
EU. 

87   Since 2011, the number of late transposition cases has dropped from over 1,000 to around 500 annually. 
88   These  exclude  non-communication  cases  opened  automatically  for  failure  to  transpose  directives,  and 

complaints-based cases.  

24 

 
 
 
 
                                                           
VII. 

FAST AND EFFECTIVE REACTION TO CRISES 

Crises  or  emergency  situations,  such  as  the  COVID-19  pandemic  and  the  Russian  war  of 
aggression  against  Ukraine,  put  the  Member  States’  full  compliance  with  the  EU’s  four 
fundamental  freedoms  and  the  functioning  of  the  single  market  to  the  test.  Under  difficult 
circumstances, there may  be a temptation to favour domestic considerations  over the proper 
application of EU law. However, the effective enforcement of EU law remains key for people 
and  businesses  to  ensure  that  they  can  continue  to  enjoy  the  protection  and  legal  certainty 
offered by  EU law, and that essential goods and services are delivered where they are most 
needed. 

Recent  crises  have  shown  both  the  need  for  and  the  ability  of  the  EU  to  adapt.  The 
Commission has used a wide variety of steps to help Member States and the public adapt to 
changing  circumstances,  from  proposing  new  legislation  to  amend  rules,  to  guidance, 
financial  support,  coordination  among  relevant  authorities  and  specific  dialogues. 
Infringement procedures have also been used where necessary. This comprehensive approach 
has  helped  to  ensure  that  EU  law  continues  to  apply  during  a  crisis.  This  in  turn  has 
contributed  to  a  widespread  sense  that  the  EU  has  been  able  to  react  to  these  crises  more 
effectively together than would have been possible through national responses alone. 

Some  EU  rules  already  have  a  significant  inbuilt  flexibility  that  was  put  to  good  use  in  the 
crisis, such as the general escape clause in the Stability and Growth Pact or the action taken 
under  the  Temporary  Protection  Directive89.  The  Commission  has  adopted  Temporary 
Frameworks90 to enable Member States to use the flexibility in State aid rules to support the 
economy.  The  Commission  made  proposals  to  apply  specific  derogations  from  rules  about 
company meetings, as well as adjusting time limits in areas such as tax returns. In other cases, 
guidelines brought clarity to the existing rules, such as those for the ‘Green Lanes’ initiative 
to ensure the continued flow of goods in the single market and to enable the free movement of 
critical  workers  during  the  pandemic,  or  to  help  with  the  recognition  of  diplomas  held  by 
people fleeing Ukraine. Specific measures also helped to show Member States that there were 
clear  alternatives  to  national  solutions:  the  EU  Digital  COVID  Certificate  preserved  free 
movement  of  persons  by  giving  national  authorities  a  means  to  check  the  status  of  all 
certificate  holders  moving  around  the  EU.  By  the  end  of  2021,  Member  States  had  issued 
more than 1 billion certificates. These measures all preserved the integrity of EU law, while 
allowing essential flexibility. 

There  were  nevertheless  cases  where  Member  States  sought  to  override  EU  rules.  For 
example,  at  the  beginning  of  the  COVID-19  pandemic  some  Member  States  unilaterally 
introduced export restrictions on medicines  or protective equipment, or took  steps to  favour 
domestic producers or service providers in sectors such as food and travel. The Commission 

89   Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of 
a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in 
receiving such persons and bearing the consequences thereof. 

90   State aid Temporary Framework in the context of the coronavirus outbreak and Temporary Crisis Framework 

in the context of Russia's invasion of Ukraine. 

25 

 
 
                                                           
stayed  vigilant  in  the  face  of  these  threats  to  the  single  market  and  many  protectionist 
measures set up by Member States in the first months of the pandemic were relatively swiftly 
repealed.  The  Commission  also  took  infringement  action  against  national  protectionist 
measures  in  the  wake  of  the  invasion  of  Ukraine,  such  as  export  bans  in  several  economic 
sectors,  for  example  on  cereals  and  construction  materials,  or  applying  discriminatory  fuel 
pricing against vehicles with foreign licence plates. 

Following  the  Russian  invasion  of  Ukraine,  the  Commission  adopted  measures  to  facilitate 
transport,  transit,  and  exchanges  with  Ukraine,  including  an  ‘action  plan  for  EU-Ukraine 
Solidarity Lanes to facilitate Ukraine’s agricultural export and bilateral trade with the EU’91, 
and  thus  to  mitigate  the  effect  of  this  crisis  on  the  transport  of  goods.  The  Commission 
suspended import duties for one year on all Ukrainian exports to the European Union. It also 
took  steps  to  strengthen  the  implementation  and  enforcement  of  sanctions  against  listed 
Russian and Belarussian persons and entities. The Commission issued a number of guidance 
documents on the interpretation of sanctions, providing Member States with clarifications to 
new questions and continued support to ensure correct enforcement.   

The  Commission  activated  emergency  tools  under  EU  law  to  mitigate  the  impact  of  the 
energy crisis. On a proposal from the Commission, the co-legislators adopted rules to ensure 
the filling of gas storages92 so that sufficient gas is available during the 2022 winter season, 
which has a direct impact on people and businesses. The Commission also swiftly proposed 
new  rules  on  coordinated  demand-reduction  measures  for  gas93,  and  on  an  emergency 
intervention  to  address  high  energy  prices94.  These  emergency  interventions  represent  a 
further  step  in  the  Commission's  work  to  ensure  that  the  EU  legal  framework  provides  a 
robust and efficient response to crisis situations. 

The  Commission is  also  drawing  lessons  and  looking  at  how  EU  rules  need  to  have  inbuilt 
flexibility and coordination mechanisms, so that if crisis strikes, action can take place within a 
predetermined legal framework. Based on the experience gained as a result of the COVID-19 
pandemic,  the  Commission  adopted  a  contingency  plan  for  transport95,  which  provides  a 
toolbox for dealing with any type of transport crisis and notably ensures that EU legislation is 
amended  and  enforced  to  respond  appropriately  to  such  events  if  and  when  they  occur. 
Similarly,  in  its  December  2021  proposal  to  amend  the  Schengen  Borders  Code96,  the 
Commission  introduced  a  coordination  mechanism  to  deal  with  health  threats  at  external 
borders  and  a  new  Schengen  safeguard  mechanism  to  provide  a  common  response  at  the 
internal borders in situations of threats affecting Member States. Under the European Health 

91   Commission  Communication,  ‘An  action  plan  for  EU-Ukraine  Solidarity  Lanes  to  facilitate  Ukraine's 

agricultural export and bilateral trade with the EU’, COM(2022) 217 final. 

92   Regulation (EU) 2022/1032 of 29 June 2022 amending Regulations (EU) 2017/1938 and (EC) No 715/2009 

with regard to gas storage. 

93   Regulation (EU) 2022/1369 of 5 August 2022 on coordinated demand-reduction measures for gas (based on 

Article 122 of the Treaty on the Functioning of the European Union). 

94  Proposal for a Regulation on an emergency intervention to address high energy prices, COM(2022) 473 final. 
95  Commission Communication, ‘A contingency plan for transport’, COM(2022) 211 final. 
96   Proposal for a Regulation amending Regulation (EU) 2016/399 on a Union Code on the rules governing the 

movement of persons across borders, COM(2021) 891 final.  

26 

 
 
                                                           
Union,  the  Commission  also  created  the  European  Health  Emergency  Preparedness  and 
Response  Authority  (HERA),  to  boost  Europe’s  ability  to  prevent  and  rapidly  respond  to 
cross-border  health  emergencies,  and  to  strengthen  the  implementation  of  emergency 
measures.  Furthermore,  the  Single  Market  Emergency  Instrument97  will  allow  for  swift 
reactions in crisis situations in order to maintain the circulation of goods and people, and to 
safeguard the access to vital supplies and services. 

Using the varied enforcement toolbox in a crisis 

The  COVID-19  pandemic  caused  severe  disruption  to  the  travel  industry  and  several 
Member States felt a need to respond. National measures which saw people whose holidays 
had  been  cancelled  receive  only  travel  vouchers  or  long  postponed  reimbursements  were 
not  in  line  with  travellers’  rights  to  reimbursement  under  EU  law.  As  a  first  step,  the 
Commission  provided  early  guidance  on  the  application  of  EU  passenger  rights 
legislation98  and  issued  a  Recommendation  on  vouchers  offered  as  an  alternative  to 
reimbursement for cancelled travel, also highlighting how Member States could support the 
financial  liquidity  of  transport  operators99.  It  also  worked  with  the Consumer  Protection 
Cooperation100 enforcement authorities on dialogues with airlines. As a result, in 2022, 16 
major  European  airlines  agreed  on  a  response  that  included  the  reimbursement  of  over 
500 000  flight  vouchers  which  had  been  imposed  on  consumers  whose  flights  had  been 
cancelled  during  the  pandemic.  The  Commission  also  launched  infringement  proceedings 
against  Member  States  that  had  enacted  rules  contravening  the  EU  Passenger  Rights 
Regulation101 or the Package Travel Directive102. The vast majority of them swiftly brought 
their practice in line with EU law and only one case needed to be referred to the Court of 
Justice. 

VIII.  CONCLUSION 

The enforcement of EU law is and will remain one of the Commission’s core priorities. This 
Communication has set out the wide and diverse range of measures taken by the Commission 
to  enforce  EU  law,  always  in  line  with  our  ultimate  objective:  to  drive  positive  change  and 
ensure  that  people  and  businesses  enjoy  the  full  benefits  of  EU  law.  There  can  be  many 

97  Proposal  for  a  Regulation  establishing  a  Single  Market  emergency  instrument  and  repealing  Council 

Regulation No (EC) 2679/98, COM(2022) 459 final. 

98   Interpretative Guidelines on EU passenger rights regulations in the context of the developing situation with 

COVID-19 2020/C 89 I/01. 

99  Commission  Recommendation  (EU)  2020/648  of  13 May  2020  on  vouchers  offered  to  passengers  and 
travellers as an alternative to reimbursement for cancelled package travel and transport services in the context 
of the COVID-19 pandemic. 

100   https://ec.europa.eu/info/live-work-travel-eu/consumer-rights-and-complaints/enforcement-consumer-

protection/consumer-protection-cooperation-network_en 

101  Regulation  (EC)  No  261/2004  of  11  February  2004  establishing  common  rules  on  compensation  and 

assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. 
102  Directive (EU) 2015/2302 of 25 November 2015 on package travel and linked travel arrangements. 

27 

 
 
                                                           
triggers for lack of or incorrect implementation, and the Commission has developed a varied 
toolbox to respond. 

A comprehensive, smart and strategic approach to enforcement has brought direct benefits  – 
from  cleaner  air,  higher  water  quality  standards,  safer  transport,  and  better  consumer 
protection,  to  the  upholding  of  the  EU’s  fundamental  rights  and  freedoms.  In  all  these 
instances, working with Member States is key: the implementation and application of EU law 
is the result of a combined effort, and compliance is dependent on Member States taking the 
necessary  steps  to  avoid  and  promptly  correct  any  breach,  including  through  an  effective 
national justice system with independent courts. 

Enforcement of EU law is not a one-off event but requires a steady and sustained effort by the 
Commission and the Member States, to ensure the consistent and effective application of EU 
rules and to prevent potential problems. Our fast-paced international environment, unexpected 
crises and new enforcement challenges require the Commission to continuously assess ways 
to  further  improve  the  implementation  and  application  of  our  commonly  agreed  rules.  A 
stocktaking exercise is currently under way within the Commission and with Member States 
to ensure that the right enforcement tools are available to make EU law work in practice103. In 
particular, this exercise evaluates whether the current way of managing complaints, EU Pilot 
processes  and  infringements  continue  to  be  fit  for  purpose.  A  number  of  improvements  to 
enforcement activities are already under consideration as part of this analysis.  

the  swift  and  correct 

Over  time,  the  number  of  new  directives  has  declined,  while  there  is  an  increasing  use  of 
regulations  as  a  legislative  tool.  The  Commission  has  a  well-established  system  of 
monitoring  and  enforcing 
transposition  of  directives.  The 
implementation  and  enforcement  of  regulations  is  equally  important  –  and  although 
regulations  have  direct  effect,  this  often  relies  on  the  work  of  national  authorities.  Some 
regulations  require  changes  in  national  legislation,  and  many  give  to  national  agencies  or 
regulators responsibilities essential to put the legislation into practice. The Commission will 
therefore  step  up  its  efforts  to  monitor  and  enforce  the  implementation  and  application  of 
regulations in a more systematic and strategic manner. 

Number of directives adopted per year

200

150

100

50

0

4
0
0
2

5
0
0
2

6
0
0
2

7
0
0
2

8
0
0
2

9
0
0
2

0
1
0
2

1
1
0
2

2
1
0
2

3
1
0
2

4
1
0
2

5
1
0
2

6
1
0
2

7
1
0
2

8
1
0
2

9
1
0
2

0
2
0
2

1
2
0
2

103   Commission Communication ‘Better Regulation: Joining forces to make better laws’, COM(2021)219. 

28 

 
 
 
                                                           
Number of regulations adopted per year

1200

1000

800

600

400

200

0

4
0
0
2

5
0
0
2

6
0
0
2

7
0
0
2

8
0
0
2

9
0
0
2

0
1
0
2

1
1
0
2

2
1
0
2

3
1
0
2

4
1
0
2

5
1
0
2

6
1
0
2

7
1
0
2

8
1
0
2

9
1
0
2

0
2
0
2

1
2
0
2

The Commission attaches great importance to transparency. It helps the wider public engage 
in  the  shared  responsibility  of  enforcement  and  promotes  faster  compliance  by  Member 
States.  This  is  why  the  Commission  has  gradually  increased  the  information  made  public 
concerning its enforcement activities. An annual report on monitoring the application of EU 
law104  sets  out  key  trends,  details  the  cooperation  with  Member  States  and  explains  major 
infringement  decisions.  A  public  register  on  infringement  cases105  provides  up-to-date 
information on the last step taken in each case. The Commission publishes press releases on 
all infringement decisions taken, with additional information on the most important decisions. 
However,  the  public  and  civil  society  have  identified  a  number  of  areas  with  potential  for 
more transparency, such as the pre-infringement (EU Pilot) process, overviews of cases and 
up-to-date statistics on the Commission’s enforcement action. The Commission will continue 
to  improve and increase  the information  made publicly  available, in  a systematic and easily 
accessible  manner.  The  stocktaking  exercise  will  look  more  precisely  at  what  additional 
information  should  be  made  public  and  through  which  means,  in  close  cooperation  with 
Member States.   

Finally, the stocktaking exercise will also look at ways to improve the  cooperation between 
the  Commission  and  Member  States  in  relation  to  the  swift  and  correct  transposition  of 
directives.  

The Commission will report on the outcome of the stocktaking exercise in the course of 2023. 

104  https://ec.europa.eu/info/publications/annual-reports-monitoring-application-eu-law_en  
105  https://ec.europa.eu/atwork/applying-eu-law/infringements-proceedings/infringement_decisions/?lang_ 

code=en  

29