REPORTS
Failure to notify measures transposing Directive (EU) 2020/262 on excise duties: INFR(2022)0063
Each Member State of the European Union must fully apply EU law. The body responsible for identifying possible violations of EU law is the European Commission. Where a Member State does not apply EU law and breaches its obligations under the EU Treaties, the European Commission may open a formal infringement procedure under Articles 258 and 260 TFEU (see details on the infringement procedure here).
Council Directive (EU) 2020/262 repeals and replaces Directive 2008/118/EC, setting out common provisions applicable to all products subject to excise duties. It lays down a series of new rules, which will be applicable from 13 February 2023. Under its provisions, each Member State is required to take the necessary measures to adopt common provisions applicable to all excise goods in order to ensure the proper functioning of the internal market in the Union.
Member States were required to transpose the Directive into national law by 31 December 2021. However, the Commission noted that some countries – including Greece – had not notified it of any measures transposing the rules of the Directive into national legislation. It therefore proceeded to send letters of formal notice on 27 January 2022.
However, the problem does not seem to have been resolved and the Commission therefore took further action in 2022. As mentioned in the “July infringements package: main decisions/15-7-2022“, the European Commission sent a “Reasoned opinion”, inviting Greece to comply with the obligation to transpose the rules of Directive (EU) 2020/262 and to inform the Commission. [Infringement number: INFR(2022)0063].
The application of EU law is an obligation of the Member States of the European Union. If infringements of EU law are identified, the European Commission may take a series of actions against the Member State concerned to ensure the correct and full application of EU law by opening infringement proceedings under Articles 258 and 260 TFEU.
In this case, the European Commission sent a letter of formal notice and a reasoned opinion to Greece, asking it to comply with the provisions of Directive (EU) 2020/262. This is because Greece is one of the countries that have not informed the Commission of the measures taken to bring their national legislation into line with the rules of EU law on excise duties.
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