Filenews 1 February 2025
The European Commission has launched an infringement procedure against Cyprus, urging it to fully transpose the RoHS Directive in electrical and electronic equipment. This decision is part of a wider package of actions by the Commission to fail to notify measures transposing EU directives by member states.
Under EU procedures, member states have two months to reply to letters of formal notice and complete the transposition of directives. If they do not comply, the Commission may issue a reasoned opinion, the second stage of the procedure, and in case of further delay, the case may be referred to the Court of Justice of the EU.
The Cyprus case
The Commission has sent a letter of formal notice to Cyprus for failing to transpose Delegated Directive (EU) 2024/1416, which amends Directive 2011/65/EU (RoHS) on the restriction of hazardous substances, such as cadmium, in electrical and electronic devices.
This Directive restricts the use of cadmium in LED applications by adapting the regulatory framework to the latest technological developments. The aim is to reduce hazardous substances on the market, protecting both public health and the environment.
Proceedings against several Member States
In addition to Cyprus, the Commission sent letters of formal notice to other member states for non-compliance with several EU directives:
- Air pollutant emissions: Cyprus and other countries, including Bulgaria, Germany and Denmark, have failed to transpose Delegated Directive (EU) 2024/299 aligning national pollutant emission reports with the LRTAP International Convention.
- Business size criteria: Cyprus, together with Czechia, Spain and Malta, did not comply with Directive 2023/2775, which adjusts monetary size limits for businesses due to inflation.
- Exchange of information between law enforcement authorities: Cyprus is one of 18 countries that have not yet transposed Directive 2023/977, which facilitates police cooperation within the EU.
- EU emergency travel document: The country is among the 11 states that have not yet notified full transposition of Directive (EU) 2019/997, which provides uniform emergency travel documents for European citizens who lose their passports abroad.
- Gender balance on boards: Together with other countries, Cyprus has not fully transposed Directive 2022/2381, which sets quotas for women's participation in director positions of listed companies.
- VAT scheme for small businesses: The Commission has sent a letter of formal notice to Cyprus and seven other countries for failing to implement Directive 2020/285, which simplifies the tax framework for small businesses in the EU.
The Commission has made clear that member states must comply with EU directives within the set deadlines. If non-compliance, the cases could go to the European Court of Justice, with possible financial sanctions for the countries involved.
Source: CNA
