The European Commission has decided to refer Cyprus to the Court of Justice of the European Union (CJEU) for failing to ensure the correct transposition of the Proportionality Test Directive into national legislation.

The Directive obliges member states to assess thoroughly, before their adoption, the proportionality of any new national regulations of professions. It also seeks to prevent unnecessarily restrictive regulation of professions from coming into effect.

Member states were obliged to transpose the directive into national law by 30 July 2020. According to the Commission Cyprus failed to ensure that all measures covered by the directive, particularly those initiated by professional bodies or parliament, undergo a prior proportionality assessment.

In addition, Cyprus incorrectly implemented several proportionality assessment criteria laid down in the Directive and failed to ensure appropriate provision of information and involvement of stakeholders. The Commission considers that efforts by the authorities have, to date, been insufficient and is therefore referring Bulgaria and Cyprus to the Court of Justice of the European Union. 

The European Commission also decided to send a reasoned opinion to Cyprus  for failing to correctly apply the Landfill Directive (Directive 1999/31/EC) and the Waste Framework Directive (Directive 2008/98/EC on waste as amended by Directive (EU) 2018/851).

The Landfill Directive sets standards for landfills to prevent adverse effects on human health, water, soil and air.

The Waste Framework Directive obliges member states to take measures to ensure that only waste that has been subject to treatment is landfilled. Member states must recover and dispose of waste in a manner that does not endanger human health and the environment, prohibiting the abandonment, dumping or uncontrolled disposal of waste.

In December 2021, the Commission sent a letter of formal notice to Cyprus for failing to ensure that waste is subject to an adequate treatment before being landfilled and for failing to establish an integrated and adequate network of waste management installations, considering the best available techniques.

The shortcomings concerned three landfills. Having assessed the reply submitted by the Cypriot authorities, and based on the recent data, the Commission has concluded that all landfills remain non-compliant. In addition, the capacity of installations for treatment of waste before landfilling in both countries is insufficient for treating mixed municipal waste.

Therefore, the Commission has decided to issue a reasoned opinion to Cyprus, which now have two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union.

The Commission calls on Cyprus to reduce burden on professionals wanting to provide temporary and occasional services  

The European Commission moreover decided to open an infringement procedure by sending a letter of formal notice to Cyprus, among other member states for failing to comply with the EU Professional Qualifications rules (Directive 2005/36/EC).

These rules make it easier for professionals to provide their services on a temporary and occasional basis in different member states, whilst guaranteeing protection for consumers and citizens.

Exceptionally, for professions having public health and safety implications, member states may check qualifications before allowing the provision of services. Such prior checks can significantly delay the start of the activities, and therefore they can only be imposed under strict conditions, in particular when a lack of professional qualifications could lead to serious damage to the health or safety of the service recipient.

The Commission considers that Cyprus and other 21 member states require prior checks in an unjustified way for several professions that do not satisfy the conditions under which such checks are allowed and has focused this enforcement action on three areas of particular importance, i.e. construction, transport and business services.

The Commission is therefore sending a letter of formal notice to Cyprus which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

Also on Monday the European Commission decided to send a reasoned opinion to Cyprus and other 9 member states as they did not designate the responsible authorities to implement the Data Governance Act, or have failed to prove that the latter are empowered to perform the tasks required by the Act.

The Data Governance Act facilitates data sharing across sectors and EU countries for the benefit of citizens and businesses. It increases trust in data sharing by establishing rules for neutrality of data intermediaries that connect individuals and companies with data users.

The Commission sent Cyprus a letter of formal notice on 23 May 2024. While some member states notified the Commission about designating the responsible authorities, none have fully empowered them to act and implement the Data Governance Act. Therefore, the Commission has decided to issue a reasoned opinion to those member states, including Cyprus, which now have two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union.