Seven infringement procedures in one go: the EU’s Christmas gift to the Meloni government

Brussels –Seven infringement procedures in one go, between the old ones that are proceeding rather than being closed (five) and the new ones (two) being added to those already open. It is not a merry Christmas that the European Commission has in store for Italy and its government, which has been called upon to work overtime to avert the risk that the dossiers opened against the country will go further and result in fines.

Under the tree, Italy finds a letter of formal notice for non-compliance with the Ambient Air Quality Directive in Naples and Palermo. The air in the two cities is unbreathable, over-saturated with nitrogen oxides (NO2), partly because of anti-pollution plans considered “inappropriate” in Brussels and therefore incapable of solving the problem. Another letter of formal notice, with the consequent opening of infringement proceedings, is for failure to comply with EU rules on multidisciplinary activities for accountants. According to the European Commission, Italian legislation “prevents” accountants from carrying out a wide range of other activities, thus prohibiting their joint practice, in violation of the Service Directive.

To the newly opened procedures are added those that the EU executive considers should proceed; for each of these, Italy is given two months to provide arguments against referral to the Court of Justice. In this category, three of the five decisions concern nature and sustainability. The Commission sent Italy a reasoned opinion for breaching EU waste rules. Italy had until 5 July 2020 to transpose the Directive into national law, but this did not occur, and the country is still grappling with  its structural and expensive waste management problem.

Another reasoned opinion is for non-compliance with nature protection rules. Specifically, Italy is criticised for failures to monitor and prevent incidental catches of cetaceans, sea turtles, and seabirds in fishing activities. Additionally, it is criticised for the failure to notify measures to adapt to the amendments to the directive for the promotion of renewable energy, due by 21 May. The EU executive determined that it had waited too long; hence, the decision was made to put pressure (not only on Italy but also on Cyprus, France, Greece, Malta, Poland, and Hungary). 

Also on the list of measures to be taken against Italy is a new reminder to implement the electronic tolling system correctly, the alternative to paying directly at the toll booth, which allows drivers to pass without stopping. Already in July, the Commission had reminded Italy of the need to remedy this, and today it is urging it to do so once more, only more decisively. Here, too, two months to avoid a referral to the Court. Lastly, the invitation to correctly transpose the directive on shareholders’ rights in listed companies: Brussels contests that national legislation “continues to restrict shareholders’ freedom to choose their proxy for general meetings without limitations, imposing instead a company-designated proxy.” Furthermore, it is contested that Italian law “does not guarantee that shareholders can react to new agenda items by tabling draft resolutions.”