In its July 2023 infringements package, the European Commission has decided to take further steps in ensuring that Denmark and Finland correctly transpose Directive 2021/1717, a Commission Delegated Directive, on periodic roadworthiness tests for vehicles. The deadline to transpose the directive into national law was 27 September 2022.
Directive 2021/1717, which amendments Directive 2014/45, updates the vehicle category for high-speed tractors, powered two- and three-wheelers, and quadricycles; as well as the demand for an eCall system to send automated messages to the emergency services following a crash, to the list of items which should be subject to periodic roadworthiness tests.
In respect of Denmark, a letter of formal notice has been issued, whereas for Finland, a reasoned opinion has been sent.
The Commission claims that Denmark has incorrectly transposed the directive concerning specific requirements, including for example the requirement to test eCall. Denmark must respond to the Commission by the end of September 2023.
The Commission also claims that Finland insufficiently transposed the directive by failing to include, for example, the obligation to add eCall to the list of test items. Finland must respond to the Commission and take the necessary measures by the end of September 2023.
Denmark’s infringement case can be followed by searching INFR(2023)2082, whereas Finland’s infringement case can be followed by searching INFR(2022)0421.
It remains at the Commission’s discretion whether to push the cases forward to the next steps if the Member States do not, in its view, take the necessary measures to bring national law into line. Infringement proceedings for failure to fulfil obligations deriving from directives can result in cases being brought to the Court of Justice of the European Union, potentially resulting in lump sum and/or daily fines until necessary measures are taken to comply with EU law.