The European Commission has referred Denmark to the Court of Justice of the European Union (CJEU) through the infringement procedure for its alleged failure to transpose the the Recognition of Professional Qualifications in Inland Navigation Directive (Directive 2017/2397), nor the Transitional Measures for the Recognition of Third-country Certificates in Inland Navigation Directive (Directive 2021/1233).
The referral is being made under both Article 258 TFEU, in addition to Article 260(3) TFEU, with the Commission a lump sum penalty and/or a recurring penalty payment, under national law is brought into line with Denmark’s obligations under EU law.
Background
Directive 2017/2397 defines the certification standards and procedures for personnel operating inland waterway vessels within the EU, and the recognition of these qualifications among Member States. It also outlines transitional measures for certificates, service records, and logbooks issued before the Directive’s implementation deadline to remain valid.
It therefore seeks to facilitate the mobility of workers within the industry by ensuring that qualifications obtained in one member state are recognized and accepted by other member states, ultimately fostering a more integrated and efficient European inland waterway transport system.
Within it, Article 39(2) and (3) define limited obligations for Member States with technically navigable waterways, but which are not linked to other Member States’ waterways.
Directive (EU) 2021/123 (amending the main Directive), establishes additional provisions for a ‘seamless transition’ to a system recognising third-country documents. The goal of this directive is to ensure that professionals with certifications from outside the EU can have their qualifications accepted within the European inland waterway transport sector.
The alleged infringement
Denmark has not notified the Commission of measures taken to transpose the two Directives into their national laws before the deadline of January 2022.
First, therefore, the Commission sent letters of formal notice to Denmark in March 2022.
Second, the Commission sent reasoned opinions to Denmark in September 2023. But still no notification has been received by the Commission.
Third, therefore, the Commission referred Denmark to the CJEU in October 2024 for a declaration of Denmark’s failure to fulfil its obligations, given its national law is not in line with EU secondary law
The seeking of a financial penalty
But the Commission has not stopped there. Given the complete silence of Denmark, and in the Commission’s view – blatant ignoring of its obligations under EU secondary law – the Commission is also asking for the CJEU to impose fines on Denmark.
Article 260(3) TFEU allows for this possibility. It states that,
‘When the Commission brings a case before the Court pursuant to Article 258 [TFEU] on the grounds that the Member State concerned has failed to fulfil its obligation to notify measures transposing a directive adopted under a legislative procedure, it may, when it deems appropriate, specify the amount of the lump sum or penalty payment to be paid by the Member State concerned which it considers appropriate in the circumstances.
If the Court finds that there is an infringement it may impose a lump sum or penalty payment on the Member State concerned not exceeding the amount specified by the Commission. The payment obligation shall take effect on the date set by the Court in its judgment.‘
Whilst the case has yet to appear on the CJEU’s website with a summary of the case (the Commission does not publish its infringement proceedings submitted to the CJEU), it is unclear whether it is a seeking a lump sum payment and/or penalty payments for its continued alleged infringement.
But the Commission is evidently seeking something in this regard, given the reference to Article 260(3) TFEU in the Commission’s infringement database.
More on the referral
For now, the infringement in Commission v Denmark (Inland Waterway Qualifications), known as INFR(2022)0207 by the Commission, can be found here.