Infringement procedures opened against Hungary over cereals export restrictions, dual fuel price regime
Commission asks Hungary to remove export restrictions for cereals
Today, the Commission has decided to open an infringement procedure against Hungary (INFR(2022)2066) regarding a prior notification scheme of cereal export, introduced by the Hungarian authorities.
The prior notification allows the authorities to pre-empt the sale or to purchase the cereals to be exported, before the export takes place. The Commission considers the measure to be incompatible with EU rules on the common organisation of markets and on common rules for exports.
According to the Commission,
the Hungarian measure cannot be justified by the pursuit at national level of special economic objectives to be attained at Union level and, in any event, there is currently no need for any action pursuing security of supply of cereals within the EU.
Hungary now has two months to reply to the Commission. Otherwise, the Commission may decide to send Hungary a reasoned opinion.
Dual fuel price regime not okay in the EU’s book
The European Commission has called on Hungary to comply with free movement rules and respect the principle of non-discrimination, the infringement package shows.
Today, the Commission decided to open an infringement procedure against Hungary (INFR(2022)4076) for having introduced measures going against Internal Market provisions.
Hungary imposes different fuel prices for vehicles with a foreign number plate and vehicles with Hungarian number plates. Vehicles with Hungarian number plates, including tractors and agricultural machinery with Hungarian documents, are entitled to lower official fuel prices by 60 to 70%. In contrast, all other vehicles with a foreign number plate cannot benefit from such reduced prices.
The Commission is requesting the Hungarian authorities to comply with EU law provisions with regard to the free movement of goods and services including transport services, the freedom of establishment, the free movement of citizens and workers, the principle of non-discrimination as well as rules on notifications under the Single Market Transparency Directive.
Ensuring the proper functioning of the Single Market is of particular importance in the current geopolitical situation as it represents the main instrument to overcome the current economic disruptive effects resulting from Russia's invasion of Ukraine.
Acting unilaterally at national level and introducing discriminatory treatments goes against the principles of free movement in the Single Market and cannot constitute a solution.
Hungary has now two months to address the concerns raised by the Commission. Otherwise, the Commission may decide to send a reasoned opinion to Hungary.
Commission refers Hungary to the Court over violation of LGBTIQ rights
The Commission today decided to refer Hungary (INFR(2021)2130) to the Court of Justice of the EU over a Hungarian law which discriminates against people on the basis of their sexual orientation and gender identity.
The Commission considers that
the law violates the internal market rules, the fundamental rights of individuals (in particular LGBTIQ people) as well as - with regard to those fundamental rights - the EU values.
The Hungarian law, in particular, singles out and targets content that ‘promotes or portrays' what it refers to as ‘divergence from self-identity corresponding to sex at birth, sex change or homosexuality' for individuals under 18.
This referral to Court is the next step of the infringement procedure launched by the Commission on 15 July 2021 against Hungary with a letter of formal notice.
As the Hungarian authorities did not sufficiently respond to the concerns of the Commission in relation to equality and the protection of fundamental rights, and did not include any commitment to remedy the incompatibility, the Commission sent a reasoned opinion to Hungary on 2 December 2021.
The protection of children is an absolute priority for the EU and for its Member States. However, the Hungarian law contains provisions which are not justified on the basis of promoting this fundamental interest or are disproportionate to achieve the stated objective. The full press release is available online.
Commission calls on Hungary to apply EU rules on drinking water
The Commission is calling on Hungary (INFR(2016)2047) to comply with the requirements of the Drinking Water Directive (98/83/EC). The Directive requires Member States to ensure that water intended for human consumption is wholesome and clean.
According to EU rules, drinking water should be free from micro-organisms and parasites, and from substances that could pose a potential danger to human health.
The European Green Deal sets as its ambition an EU with zero pollution, which benefits public health, the environment and climate neutrality. The parametric values for boron, fluoride, nitrite and arsenic in drinking water supplied to the population must be brought in line with those specified in the Directive.
After the expiry of a derogation period following Hungary's accession to the EU, the Commission carried out an investigation, which showed that
Hungary was in breach of the Drinking Water Directive in 66 water supply zones.
On 27 May 2016, a letter of formal notice was sent and, on 8 December 2017, an additional letter of formal notice was sent to cover additional zones. However, 13 water supply zones still do not comply with the Drinking Water Directive for arsenic and boron.
Therefore, the Commission has decided to issue a reasoned opinion to Hungary, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Commission takes next step in the infringement procedure against 15 Member States
Today, the European Commission has decided to take further steps in the infringement procedures against Bulgaria, Czechia, Estonia, Finland, France, Germany, Greece, Hungary (INFR(2022)0093), Ireland, Italy, Luxembourg, The Netherlands, Poland, Slovakia and Spain, by issuing reasoned opinions for failing to fully transpose the Directive on the protection of persons who report breaches of Union law (EU Directive 2019/1937).
The deadline for Member States to transpose the Directive was 17 December 2021. In January 2022, the Commission sent letters of formal notice to 24 Member States for failing to transpose and communicate the transposition measures to the Commission within the deadline. Out of those, the 15 Member States referred to have still not adopted transposition measures and have two months to reply to the Commission's reasoned opinions.
If the replies are not satisfactory, the Commission may decide to refer the concerned Member States to the Court of Justice of the European Union.
Commission calls on Austria, Croatia, Germany and Hungary to act on the basis of the EU position within the Danube Commission
The Commission today decided to send letters of formal notice to Austria, Croatia, Germany and Hungary to urge them to fulfil their obligation under the EU treaties when adopting, within the Danube Commission, recommendations on matters that may affect EU rules or alter their scope.
At the 96th Danube Commission's Plenary, these four Member States voted in favour of a decision related to the recognition of third country certificates (regulated within the EU by Directive (EU) 2017/2397 as amended by Directive (EU) 2021/1233), without a pre-established EU position.
Since the EU has exclusive external competence on these matters, those Member States were not permitted to act unilaterally, even in the absence of an EU position.
Pursuant to the principle of sincere cooperation, the EU and the Member States shall, in full mutual respect, assist each other in carrying out tasks which flow from the Treaties.
The four Member States now have two months to reply to the letters of formal notice, otherwise the Commission may decide to send a reasoned opinion.
Commission refers Hungary to the Court for failure to comply with EU electronic communications rules
Today, the Commission has decided to refer Hungary (INFR(2021)2065) to the Court of Justice of the European Union for failure to respond to the Commission's concerns regarding the Hungarian Media Council's decision to reject Klubradio's application for the use of radio spectrum on highly questionable grounds.
The Commission believes that Hungary is in breach of EU law by applying disproportionate and non-transparent conditions to the renewal of Klubradio's rights to use radio spectrum.
Moreover, the Commission considers that Hungary applied the relevant rules, set out in the European Electronic Communications Code (Directive (EU) 2018/1972), in a disproportionate and discriminatory manner and that Hungary failed to adopt timely decisions.
Following the reasoned opinion sent to Hungary on 2 December 2021, the exchange with Hungary did not resolve the concerns raised by the Commission. As a result, the Commission is referring Hungary to the Court. You will find a press release here.
Commission urges Hungary to transpose rules on the intra-EU transfers of defence-related products
The Commission decided today to send a reasoned opinion to Hungary (INFR(2021)0530) for not having fully transposed the Delegated Directive (EU) 2021/1047 updating the list of defence-related products in line with the updated Common Military List of the European Union.
Directive 2009/43/EC defines terms and conditions for the transfer of defence related products in the European Union. The Annex to this Directive refers to the Common Military List of the European Union and is regularly updated. The Council updated this list on 17 February 2020, followed by the adoption of the Commission's Delegated Directive (EU) 2021/1047.
Member States had until 30 September 2021 to transpose the Delegated Directive. In November 2021, the Commission sent a letter of formal notice to Hungary.
To date, Hungary has not transposed the Directive. Hungary has now two months to comply with the transposition obligation and notify its national measures to the Commission. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Cover photo: Getty Images
