Twenty-seventh annual report on monitoring the application of EU law (2009)

PURPOSE: presentation of the 27th Annual Report from the Commission on monitoring the application of EU Law (2009).

CONTENT: this annual report demonstrates the critical importance of the full and correct application of EU law in delivering the rights and obligations created by EU law. At the end of 2009, EU law comprised, apart from the rules of the Treaty, some 6140 regulations and just under 1820 directives in force throughout the 27 Member States.

At the end of 2009, the Commission was handling around 2900 complaints and infringement files. The total number decreased by 16% from end-2008, with a 26% decrease in proceedings for failure to notify measures transposing directives.

An average of 51% of the total of required transposition measures in 2009 were late, compared with 55% for 2008, in the context of a reduced number of directives falling to be transposed in 2009.

Concerning the number of petitions to the European Parliament, environmental protection and the internal market continue to stimulate most petitions: 173 and 82 new petitions respectively.

This year's report makes it clear that priorities have continued to be developed and followed but furthermore that the instruments developed over time to facilitate and improve the monitoring of EU law are gaining in maturity and increasing their contribution to the overall effectiveness and timeliness of the monitoring process.

Challenges remain notably on some essential and basic aspects such as:

Late transposition and reporting and preventive action: despite recent improvement of the overall transposition deficit, the number of infringement cases opened for late transposition of directives continued as a major concern. High volumes were evident for: medical devices (22 new cases), working conditions in inter-operable cross-border railways (17), amended rules on deposit guarantee schemes (17) and the groundwater directive (17), for example. Late transposition was also widespread in the area of technical updating of directives in the area of enterprise. 24 Member States received letters of formal notice for late or inadequate communication of reports in the priority area of greenhouse gas emissions.

Preventive action: contact networks for directive transposition and web-based question-and-answer tools have continued to be created. The preventive approaches now being developed in partnership with the Member States represent a considerable investment by all concerned which should pay dividends in terms of ensuring a faster and deeper conformity with EU law in the coming years. The Commission invites Member States actively to participate in the identification and take-up of preventive measures for each new legislative measure thereby reducing the need for recourse to longer term judicial interpretation or legislative revision.

In this context, correlation tables contribute to transparency and improve access to the law. They represent an important element of Member State cooperation with the Commission in ensuring the correct implementation of directives. The Commission will continue to seek support from all EU institutions for the comprehensive provision of these tables.

Management of Treaty articles and EU legislation by expert groups:theCommission has continued to develop the work of managing EU law with Member States through expert groups. The Type-Approval Authorities Expert Group (TAAEG) has been created to ensure uniform application of technical requirements for the marketing of motor vehicles in connection with the system becoming mandatory in 2012. In financial services, the Capital Requirements Directive Transposition Group continued to work on interpretation and clarification issues, to ensure coherent implementation of the existing rules. A new expert group on the management of Natura 2000 has also been established to collect and exchange information on best practice including reconciling nature conservation and economic development. These examples confirm the great variety and volume of management work required between Commission and Member States to maximise the benefits of EU legislation.

Information communication and problem resolving: the Commission is continuing to improve access, information and help on rights and opportunities through further development of the 'Your Europe' web portal. It plans a review of its general policy on the registration of complaints and relations with complainants in the light of experience of the new methods now being tested. Horizontal instruments, such as SOLVIT and EU Pilot, continue to develop and prove their worth, quickly resolving problems faced by citizens and enterprises. The Commission acknowledges the high level of commitment shown by the Member States to ensure the success of these instruments. It commits itself to continue to work closely to develop this partnership, having invited all Member States to participate in the further development of EU Pilot.

Problems related to enforcement measures: the Commission confirms the need for increased focus on effective instruments to ensure the enforcement of EU law. These can be of horizontal application or designed for specific sectors. Where EU legislation refers to national procedures, the Commission will prioritise the implementation and review of the performance of those enforcement provisions, avoiding competing or alternative action. Inspections, long-established in connection with human health, are being used increasingly in other areas such as transport safety and security, where they can play a strong role in confirming the interpretation of the law and ensuring its correct application, confirming a strong commitment to results.

The report notes that the European Parliament has an increased focus on implementation issues. Provision is often included in EU legislation for reports on the first years of application of the measure. The Commission staff working document annexed to this Report contains references to many studies and reports produced by the Commission in 2009 and envisaged for 2010.