European Commission Refers Cyprus to EU Court Over Multiple Compliance Failures
Proportionality Test Directive, Waste Management, Professional Qualifications, and Data Governance Act Under Scrutiny
The European Commission has referred Cyprus to the Court of Justice of the European Union (CJEU) for failing to comply with several EU directives and regulations. The issues range from the Proportionality Test Directive to waste management, professional qualifications, and data governance.
Cyprus has failed to correctly transpose the Proportionality Test Directive into national legislation. This directive requires member states to assess the proportionality of new national regulations governing professions before adoption, ensuring they are not unnecessarily restrictive.
The Commission noted that Cyprus:
-
Did not ensure all measures, especially those initiated by professional bodies or parliament, underwent prior proportionality assessments.
-
Incorrectly implemented proportionality assessment criteria outlined in the directive.
-
Failed to involve stakeholders adequately or provide appropriate information.
Efforts by Cypriot authorities have been deemed insufficient, prompting the referral to the CJEU alongside Bulgaria.
The European Commission also issued a reasoned opinion to Cyprus for failing to comply with the Landfill Directive (1999/31/EC) and the Waste Framework Directive (2008/98/EC, as amended by 2018/851).
Key shortcomings include:
-
Failure to ensure adequate waste treatment before landfilling.
-
Non-compliance of three landfills with EU standards.
-
Insufficient capacity for treating mixed municipal waste.
Cyprus has two months to address these issues. Otherwise, the Commission may escalate the case to the CJEU.
An infringement procedure has been launched against Cyprus for failing to comply with the Professional Qualifications Directive (2005/36/EC). This directive facilitates the provision of temporary and occasional services across member states while protecting consumer safety.
The Commission found that:
-
Cyprus requires unjustified prior qualification checks for certain professions, such as in construction, transport, and business services.
-
These checks violate the conditions set for professions with public health and safety implications.
Cyprus has two months to respond and address these shortcomings or risk further action.
The European Commission also sent a reasoned opinion to Cyprus for failing to fully designate and empower responsible authorities to implement the Data Governance Act. This regulation aims to facilitate data sharing across sectors and EU countries, increasing trust in data sharing and ensuring neutrality of data intermediaries.
Despite receiving a formal notice in May 2024, Cyprus has yet to empower the designated authorities to perform their required tasks. Cyprus has two months to take corrective action or face potential referral to the CJEU.