EUROPEAN COMMISSION

Brussels, 4.7.2019

COM(2019) 319 final

REPORT FROM THE COMMISSION

Monitoring the application of European Union law


2018 Annual Report

{SWD(2019) 285 final} - {SWD(2019) 286 final} - {SWD(2019) 287 final}

Foreword    

1.    A new boost for jobs, growth and investment    

2.    A connected Digital Single Market    

3.    A resilient Energy Union with a forward-looking climate change policy    

4.    A deeper and fairer internal market with a strengthened industrial base    

5.    A deeper and fairer Economic and Monetary Union    

6.    An area of justice and fundamental rights based on mutual trust    

7.    Towards a new policy on migration    

Foreword

We will deliver where it matters most. These are the words of Europe’s 27 leaders in the Sibiu Declaration, signed in May 2019 just ahead of the European Parliament elections. Those words go to the heart of what this Commission has been doing every day since it took office in November 2014.

Indeed, we have delivered where it matters. There are people who say that Europe is too slow or too complicated to move forward. However, in the last five years, more than 354 Commission proposals have been agreed upon by the co-legislators. The results speak for themselves. Unemployment is down - there are more than 240 million Europeans at work and wages are up by 5.7 %. We now have a dedicated European Border and Coast Guard to help protect our borders. We can roam like at home wherever we are in the Union and we can stream using our subscriptions even when in another EU country. Our companies can trade tariff-free in markets as far as Canada or Japan.

This progress is thanks to the many times we agreed on new rules to move Europe forward. But any legislation is only ever as good as its implementation and enforcement. This is what brings the words on the statute book to life. It is what turns laws into benefits for citizens. It is what ensures that political agreements translate into real-life benefits for citizens, small and medium-sized enterprises and businesses. This is why when I came into office I promised to do less – we made 75% less proposals than previous Commissions – but to do it better.

We now work much closer with national authorities to support them in implementing European legislation. This dialogue has helped solve 90% of infringement cases since 2014 without having to go to the Court of Justice of the European Union – saving time and taxpayer money in the process. Where dialogue did not work, we took strong and effective action where EU law was breached.

This report demonstrates how this more strategic, more open but also stronger approach worked in 2018. We supported national and regional authorities in implementing clear air and clean water rules. We took action against Member States who failed to live up to their commitments and implement the EU rules on Passenger Name Records, on combating terrorism and on anti-money laundering. We used our enforcement powers when some countries did not move fast enough to improve access for people with disabilities to websites and other mobile applications. We have strengthened our dialogue with Member States across the board to ensure that we work together on implementation and enforcement. I am delighted to report a strong commitment and engagement by Member States.

All of this shows the real value of work done on implementation and enforcement. It is about upholding decisions taken together. Moreover, it is ultimately about ensuring that citizens truly benefit from new rules. Only a Europe that puts citizens’ rights at the core of everything it does, is a Europe that truly delivers. There is no more important task.

As one of my great predecessors, Walter Hallstein, said: Europe is a Community of Law. The law is our way to ensure that we can protect and promote our values and our rights. It is our best asset to fight for social justice, equality and fairness for all. This is why the rule of law can never be optional and this is why the Commission put such an emphasis on enforcement in 2018, as you will see from this report. If we want to deliver where it matters the most, as leaders promised in Sibiu, then we must continue this approach in 2019 and beyond.

President of the European Commission

Jean-Claude Juncker

1.A new boost for jobs, growth and investment

The Juncker Commission’s top priority is to stimulate investment to create jobs and strengthen Europe’s competitiveness. However, creating the right regulatory environment to support businesses and job creation is undermined if Member States do not implement EU rules correctly and on time. 

Ensuring fair working conditions across EU

All workers in the European Union have the right to fair working conditions. This right is reflected in the European Pillar of Social rights , which was proclaimed jointly by the European Parliament, the Council of the EU and the European Commission in November 2017. The Pillar contains a specific chapter dedicated to fair working conditions.

For the past few years the Commission has paid special attention to working time. Among other things, it has published guidance documents to help Member States implement the Working Time Directive.

European Works Councils, which represent the European employees of transnational companies, also contribute to guaranteeing fair work conditions. Through them, management inform and consult workers on the progress of the business and on any significant decision at European level that could affect their employment or working conditions. In 2018, the Commission published a report on the implementation of the directive setting up the European Works Councils . The report highlights the benefits for both workers and companies of having a transnational social dialogue at company level through European Works Councils.

Enforcing environmental rules

In 2018, the Commission took legal action to address the inadequate implementation of EU environmental legislation.

Following the fitness check of the directives on protecting nature the Commission’s action plan for nature, people and the economy , adopted in 2018, aims to ensure a fully functional, coherent and ecologically representative network of protected sites. For instance, Member States must complete the Natura 2000 network of protected areas, filling in the existing gaps for the marine environment, and putting in place the necessary conservation measures for all sites. In its Białowieża judgment , the Court clarified the obligations for forest management on Natura 2000 sites. This is key for the conservation of protected habitats and species.

Air pollution continues to be a considerable public health problem and a priority for the Commission. In the Communication entitled ‘A Europe that protects: Clean air for all’ , adopted in 2018, the Commission outlined the measures available to help Member States fight air pollution.

In September 2018, the Commission published an Early Warning Report for EU waste legislation , highlighting where Member States risk not meeting the EU waste targets. In parallel, the Commission took action in 2018 to remedy structural flaws in the waste legislation of Member States, such as the ongoing presence of illegal or substandard landfills or the absence of waste management plans.

The Commission also adopted a nine-point action plan on compliance assurance , looking at issues such as inspections and governance.

Enforcing the agricultural rules

Two of the main objectives of the common agricultural policy are providing support to farmers and ensuring that consumers have a stable supply of affordable food. Other goals include addressing climate change and managing natural resources in a sustainable manner, maintaining rural areas and landscapes across the EU, and keeping the rural economy alive by promoting jobs in farming and related sectors.

In 2018, the Commission’s actions to enforce the agricultural rules focused mostly, as in previous years, on monitoring how Member States are correctly implementing the direct payments .

Geographical indications protect the name of specific products and promote their unique characteristics, linked to their geographical origin as well as traditional know-how. In 2018, the Commission continued to follow specific situations of incorrect implementation of the EU rules on the protection of Protected Designations of Origin and Protected Geographical Indications.

Enforcing the rules on maritime affairs and fisheries

Helping the European fishing industry and coastal areas thrive, while at the same time protecting the maritime environment, are key objectives of the EU’s maritime policy.

The sustainability objectives of the EU’s common fisheries policy contribute both to conserving stocks and maximising fish supply from fishing. As these objectives are to be met by 2020 at the latest, the Commission’s enforcement strategy in 2018 continued to focus on fisheries conservation and control, as well as on compliance with the EU’s exclusive competence in this area.

The national systems for fisheries control and enforcement must be effective and must provide for dissuasive sanctions if the rules are breached.

‘Control action plans’ are a specific compliance tool adopted by the Commission in close cooperation with the Member State concerned in order to promote the correct enforcement of the rules of the Control Regulation  for fisheries. In 2018, the Commission adopted new action plans for a number of Member States and monitored their implementation.

A well-functioning system of fishery producer organisations is crucial for bringing those producers together in order to meet the objectives of the common fisheries policy and of the common organisation of the markets.

Maritime spatial planning helps ensure that all human activity at sea takes place in an efficient, safe and sustainable way. The Commission monitored the correct implementation of the EU common framework for maritime spatial planning across borders and sectors throughout 2018.

Enforcing the rules on regional policy

The European Structural and Investment Funds support investments in key growth-generating policy areas across the EU.

An appropriate framework for investments is needed to make sure that they are as effective as possible. In 2018, the Commission specially focused its efforts on checking compliance with specific preconditions , in particular for the areas of public procurement, State aid, comprehensive plans for transport investments, and in the water and waste sectors.

When an investment fails to meet the standards set out in EU legislation, the Commission addresses these irregularities by suspending payments or applying financial corrections, as necessary. In 2018, the Commission’s efforts to detect and take corrective action against these kinds of irregularities continued unabated.

Fighting fraud against the EU budget

The means to combat crime affecting the EU budget have significantly improved with the adoption of the Directive on the protection of the EU’s financial interests . The Commission is working closely with the Member States to ensure the directive is implemented properly.

2.A connected Digital Single Market

The Digital Single Market strategy aims to remove online barriers preventing EU citizens from gaining access to goods and services.

Improving connectivity

High-speed digital communications foster innovation and better services for the economy and society. The development of 5G connectivity is a priority for the Commission. The aim is to ensure that 5G radio spectrum is available in the whole of the EU by 2020.

Civil engineering work, such as digging up roads to lay high-speed cables, accounts for up to 80 % of the cost of deploying broadband networks. The t Broadband Cost Reduction Directive  aims to foster cooperation across sectors such as energy, water and transport providers. This can create the conditions for more efficient deployment of new infrastructure so that the networks can be rolled out at lower cost, thereby benefiting the public.

Guaranteeing cybersecurity and trust in online transactions

Building trust in the online environment is key to economic and social development. With the entry into force of the Regulation on electronic identification and trust services for electronic transactions in the internal market (the eIDAS Regulation ), a common platform was provided for secure electronic interaction between members of the public, businesses and public authorities. The eIDAS Regulation establishes a general legal framework for the use of trust services in the EU. These include electronic signatures, electronic seals, electronic time stamps, electronic registered delivery services, and website authentication.

Cybersecurity is an important priority for the Commission. The Security of Network and Information Systems Directive aims to achieve a uniformly high level of security for network and information systems across the EU.

Better accessibility for citizens with disabilities

People with disabilities, especially vision or hearing impairments, may have difficulty accessing the websites and mobile applications of public sector bodies.

The aim of the Web Accessibility Directive is to improve access to these information tools for people with disabilities.

To further promote accessibility, the Commission proposed the Directive on permitted uses of works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled , which establishes a mandatory exception to copyright and related rights. Its objective is to allow people who have difficulties reading print to access books and other printed material in formats that are accessible to them.

The rules set out in both these directives reflect the Commission’s ongoing work to build a social and inclusive European Union, where all Europeans can play a full part in the digital economy and society.

3.A resilient Energy Union with a forward-looking climate change policy

The European Energy Union ensures secure, affordable and clean energy for households and businesses by making the free flow of energy possible across national borders within the EU. It also stimulates the development of new technologies and renewed infrastructure in order to cut household bills, create jobs and boost growth. The Energy Union will lead to sustainable energy consumption by reducing greenhouse gas emissions, pollution and our dependence on fossil fuels.

Leading the energy transition towards a safe, secure and sustainable energy sector with the consumer at its centre

In 2016, the European Commission proposed the Clean Energy for All Europeans package. This raised the EU’s ambitions in rolling out the clean energy transition and in ensuring that the EU stays competitive as global energy markets undergo change.

In 2018, the European Parliament and the Council reached a political agreement on all of the Commission’s proposals in this package.

The Clean Energy for All Europeans package includes a revision of key EU legislation in areas such as the energy performance of buildings , energy efficiency , renewable energy and governance of the Energy Union and climate action , all of which is already in force. On the energy performance of buildings, the aim is to accelerate the cost-effective renovation of existing buildings, mobilise investments and support smart building systems. The package also aims to raise the share of renewable energy to at least 32 % by 2030. These targets will be reviewed in 2023. Member States must establish integrated national energy and climate plans for 2021 to 2030, setting out how they intend to achieve the 2030 targets.

The Commission monitored Member States’ progress towards meeting their energy efficiency targets and towards making buildings sustainable by using infringement procedures, among other things.

Infringement procedures were also used to protect the public against radiation and ensure safety in the nuclear sector.

Implementing the Paris Agreement on climate change

The 2015 Paris Agreement sets out a global action plan to limit climate change.

The European Union is the first major economy to translate its promises under the Paris Agreement into binding legislation.

In 2018, the European Parliament and the Council adopted the main legislation to implement the 2030 climate and energy framework . This sets a target of reducing greenhouse gas emissions by at least 40 % (from 1990 levels) by 2030. The Commission is already looking further ahead, with the presentation in 2018 of its vision for a prosperous, modern, competitive and climate-neutral economy by 2050 .

Achieving these targets, as well as the 2020 targets , requires legislation that is fully implemented and enforced. In 2018, the enforcement and monitoring measures included infringement procedures and informal dialogues with Member States.

In 2018, the EU made important progress towards putting in place strong rules to decarbonise and modernise the transport sector. In May, the Commission presented the first-ever legislative proposal on carbon dioxide emission standards for heavy-duty vehicles . Moreover, the European Parliament and the Council adopted the legislation on monitoring and reporting carbon dioxide emissions from heavy-duty vehicles and reached a political agreement on carbon dioxide emission (CO2) standards for cars and vans for the period after 2020. The full and effective implementation of these measures will be key to tackling CO2 emissions from road transport, which still account for around one fifth of the EU’s total CO2 emissions.

4.A deeper and fairer internal market with a strengthened industrial base

The EU Single Market remains Europe’s most precious asset for individuals and businesses. It provides enormous opportunities for businesses as well as greater choice and lower prices for consumers. It enables people to travel, live, work and study wherever they wish. But these benefits cannot be enjoyed if Single Market rules are not applied or implemented, or if they are undermined by other barriers.

Ensuring undistorted competition

The internal market is stronger when competition is undistorted.

Consistently launching infringement procedures to ensure compliance with Commission State aid decisions is essential for the credibility of the Commission’s State aid control regime.

Ensuring the free movement of workers

People in the EU can only benefit from the opportunity to work in other Member States if the rights of workers outside their home Member State are properly protected.

Supplementary pension schemes linked to an employment relationship can discourage workers’ mobility. The EU rules on improving the acquisition and preservation of supplementary pension rights aim to address these obstacles.

The EU has clear rules on the free movement of workers, the posting of workers and the coordination of social security. Failure by Member States to comply with these rules puts trust and fairness in the internal market at risk. In particular, concerns have been voiced that mobile workers may be vulnerable to abuse or may be denied their rights.

Ensuring the free movement of goods

In the automotive sector, the Commission concluded that several Member States had failed to establish or apply penalties to deter car manufacturers from violating car emissions legislation. This followed the 2015 revelations that the Volkswagen Group used software to dodge emissions standards for certain air pollutants.

The Commission is also making sure that Member States do not instate quantitative restrictions on trade within the EU. In 2018, the Commission took action regarding car registrations and pharmaceuticals.

‘Parallel trade’ allows wholesalers to buy medicinal products in one Member State (typically where prices of medicines are also lower), and sell into other Member States (where prices are higher). ‘Parallel trade’ in pharmaceuticals is a lawful economic activity within the internal market. Parallel imports can benefit patients and public healthcare systems if they result in cheaper prices and lower reimbursement costs. At the same time, there are concerns in certain Member States that parallel exports could result in shortages of medicines for patients, putting their health and even their lives in danger. Member States are therefore allowed to restrict parallel trade in medicinal products if it constitutes a risk to the protection of human health and life or to the protection of industrial and commercial property.

Ensuring freedom of establishment

Improved information and assistance for citizens and businesses

In 2018, the 25th Anniversary of the Single Market, the Commission focused on ensuring that Single Market rules deliver on the ground. The Commission increased its efforts to make citizens and businesses aware of their rights and obligations via the Your Europe portal, the cornerstone of the future single digital gateway. Individuals and businesses can only enjoy the many benefits of the Single Market if the rules that have been jointly agreed are applied in practice. In line with this political priority, and as a follow-up to the SOLVIT action plan , Member States have used the evidence provided by SOLVIT and Your Europe Advice to address recurrent breaches of EU law. The Your Europe Advice database contains more than 265,000 real-life cases, which provide an excellent overview of the various ways that citizens and businesses can benefit from the Single Market.

The interconnection of business registers , which makes it easier to find company information in the EU via a single European e-Justice portal, was widely used in 2018. There were over 372,000 searches for company information and over 241,000 requests for company details.

Enforcing the Capital Markets Union, financial services rules and the free movement of capital

The directives adopted in the wake of the financial crisis need to be properly implemented to increase the resilience and stability of the financial sector and to improve investor protection. The implementation of some of these directives is also important for achieving the Capital Markets Union. This aims at improving access to finance, in particular for innovative companies, start-ups or small and medium-sized enterprises. It also makes capital markets more attractive for retail and institutional investors, and facilitates cross-border investment.

The Markets in Financial Instruments Directive aims to improve investor protection, strengthen the Single Market and create transparent, well-supervised, competitive and stable trading conditions in markets across the whole of the European Economic Area.

EU rules ensure that investors make informed decisions and feel confident that they are adequately protected and entitled to compensation if something goes wrong.

On free movement of capital, the Commission had opened infringement procedures in the past against five Member States over the system contained in intra-EU Bilateral Investment Treaties that allow EU investors to bring claims against Member States before arbitration tribunals.

Enforcing the rules on taxation and customs

The Commission’s enforcement strategy in the area of customs focused on ensuring that Member States apply the Union Customs Code correctly and uniformly, and on detecting charges with equivalent effect to customs duties, even within the EU.

The Commission carried out an enquiry to check on postal fees in the Member States. Such fees can be contrary to EU customs law, namely the rules on customs representation and the prohibition on imposing charges for customs formalities.

On indirect taxation, the Commission gave priority in its enforcement efforts to pursuing infringements that distort competition in the internal market or that go against fair taxation.

One of the benefits of the internal market is that individuals and businesses have the freedom to move, operate and invest across national borders. As direct taxation is not harmonised across the EU, this freedom can mean that some taxpayers manage to avoid or evade tax in their country of residence. Tax authorities in the EU have therefore agreed to cooperate more closely to ensure that taxes are paid and to fight tax fraud and tax evasion. This cooperation has been enshrined in the Directive on administrative cooperation . In an increasingly globalised environment, this directive enables Member States to ensure that all their taxpayers pay their fair share of taxes. It is the core transparency tool to combat tax evasion practices brought to light by the cases of LuxLeaks as well as the Panama and Paradise Papers.

The Commission’s enforcement action in 2018 focused on ensuring that Member States implemented important amendments to the directive on administrative cooperation concerning access to anti-money laundering information , the automatic exchange of financial account information and administrative cooperation on taxation .

Ensuring a high level of protection for consumers

In April 2018, the Commission proposed a New Deal for Consumers to ensure that all European consumers fully benefit from their rights under EU law. Under the proposed New Deal, qualified entities, such as consumer organisations, will be able to seek compensation, replacement or repair on behalf of a group of consumers that have suffered grievances by illegal commercial practices.

The New Deal for Consumers will strengthen consumer rights online, tackle dual quality of consumer products and improve conditions for businesses.

In 2018, the Commission also monitored how Member States implemented the Linked Travel Arrangements Directive into their national laws.

During 2018, the Commission also took measures to improve the application of EU legislation on consumer alternative and online dispute resolution. This included improvements to the European Online Dispute Resolution platform. The Commission organised the first-ever Assembly of the European Alternative Dispute Resolution community, with more than 350 participants. It also held workshops with national consumer authorities to prepare for the new Consumer Protection Cooperation Regulation , which will become applicable in 2020.

Ensuring a high level of protection of public health

In 2018, the Commission continued to monitor how Member States implemented the provisions of the Tobacco Products Directive in their national law. This directive aims to reduce tobacco use, particularly by discouraging young people from taking up smoking, and ensuring that the public is fully aware of the harmful effects of tobacco.

A reduction in tobacco consumption of just 2 % translates into annual healthcare savings of approximately €506 million across the EU.

The right of patients to access safe and high-quality healthcare in other EU countries remained a priority for the Commission in 2018. The Commission closely monitored the implementation of the Cross-border Healthcare Directive .

The European Citizens Initiative in 2017 calling for the prohibition of glyphosate showed that there is widespread public interest in the safe and sustainable use of pesticides. For the Commission, this is an important public health and environmental issue. In 2018, the Commission undertook a series of audits of Member States to check on their use of pesticides. The Commission will report to the European Parliament and Council on progress in implementing the Directive on the sustainable use of pesticides later in 2019.

Enforcing the rules on mobility and transport

In 2018, the Commission focused its enforcement efforts on three areas: transport safety, digitalisation through the development of intelligent transport systems, and completion of the Single Market in transport.

Safety remains of primary concern for any transport system. Creating an environment for safe transport is essential for the public. One of the roles of the Commission is to respond to these expectations by ensuring that satisfactory safety standards are implemented in the entire EU for all modes of transport. These safety standards help to significantly reduce the number of transport accidents.

In rail transport, EU rules require Member States to establish an independent safety authority and an independent accident and incident investigation body. Moreover, Member States are required to define common railway safety principles.

In the maritime sector, EU rules aim to ensure that seafarers’ training standards are respected across the EU and are in line with standards already agreed at international level.

In the air transport sector, the Commission ensured that Member States are correctly implementing the EU rules on aviation statndards.

In the coming years, the digitalisation of transport is expected to take a leap forward and to make transport safer, more efficient and more sustainable. Intelligent transport systems are gradually being developed. However, the potential of such systems can be achieved only if they are deployed effectively and if travel information and management are coordinated at EU level.

The Commission also verified that Member States could effectively exchange information on tachograph cards through the European TACHOnet system. The tachograph is a device that records the driving time, the breaks and rest periods and the periods of other work done by a driver.

A fully functioning internal transport market can be achieved only if there are no unjustified obstacles to the provision of transport services. In the road sector, the haulier market is crucial for the transport of goods in the EU and is an important sector for small and medium-sized companies.

Greater integration of the transport sector is essential to completing the internal market. Railways are a vital part of the EU transport sector and of the move towards sustainable mobility. In 2018, the Commission launched an overall assessment of the conformity of national laws with the EU legal instrument establishing a single European railway area.

5.A deeper and fairer Economic and Monetary Union

A ‘deeper and fairer Economic and Monetary Union’ is a fundamental part of the Commission’s response to the economic and financial crisis. This policy aims to strengthen the EU economy in a way that creates more jobs and improves people’s living standards.

Enforcing the Economic and Monetary Union rules

The Economic and Monetary Union is at the core of the EU’s integration process. Achieving an Economic and Monetary Union is not an end in itself but a means to provide stability and stronger, sustainable and inclusive growth across the euro area and the EU as a whole.

Moreover, the euro can only be a strong and trustworthy currency in the eyes of the public and businesses if it is adequately protected against counterfeiting.

Enforcing the Banking Union rules

Under the Banking Union, the Commission continued to check Member States’ implementation of the Capital Requirements Directive IV , the Deposit Guarantee Schemes Directive and the Bank Recovery and Resolution Directive . These EU instruments aim to ensure that banks are stronger and better supervised and that problems can be resolved more easily without using taxpayers’ money.

The Commission also continued to verify that Member States respect the independence and autonomous functioning of central banks.

6.An area of justice and fundamental rights based on mutual trust

In the area of justice, the Commission makes sure that the rule of law and the Charter of Fundamental Rights are fully respected. It also ensures the respect of specific rights, such as the right of free movement, data protection, gender equality, non-discrimination, victims’ rights and the right to a fair trial in criminal proceedings. These topics are high on the Commission’s agenda as they directly affect people’s lives.

Under the European Semester  exercise, the Commission continued to encourage Member States to improve the effectiveness of their enforcement capacities. This particularly concerns the independence, quality and efficiency of their national justice systems. To this end, the Commission proposed country-specific recommendations for five Member States, then adopted by the Council. Through the EU Justice Scoreboard , the Commission monitors the independence, quality, and efficiency of national justice systems. In May 2018, the Commission also proposed a Regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States. Respect for the rule of law is an essential condition for sound financial management.

Upholding the rule of law and fundamental rights

In 2018, the Commission pursued its efforts to promote and uphold respect for the rule of law across the EU.

In particular, the Commission continued its dialogue with the Polish authorities under the rule of law framework. The General Affairs Council held three hearings with Poland under this framework.

On 12 September 2018, the European Parliament triggered the ‘rule of law’ procedure against Hungary under Article 7(1) of the Treaty on European Union (TEU). The Commission shares the concerns expressed in the Parliament’s report, in particular over fundamental rights, corruption, treatment of Roma and the independence of the judiciary. Under the Article 7(1) TEU procedure, and at the request of the Council, the Commission provided factual information on the relevant ongoing infringement proceedings against Hungary.

Improving data protection

In 2018, the Commission pursued its work to support Member States and stakeholders in applying the new rules of the General Data Protection Regulation , applicable since 25 May 2018. The single set of data protection rules is directly applicable throughout the EU and guarantees the free flow of data, strengthens individuals’ trust and security and establishes uniform rules for business. The Commission organised meetings with national authorities, industry, practitioners and the European Data Protection Board. It also adapted the Internal Market Information system (IMI), which can be used by data protection authorities to assist each other and to coordinate decision making in cross-border cases.

By May 2018, Member States needed to implement the Directive concerning processing and free movement of personal data for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties. Victims, witnesses and suspects of crimes are duly protected under a criminal investigation or a law enforcement action. At the same time, the new provisions facilitate cross-border cooperation by police or prosecutors in combating crime and terrorism.

Combating discrimination

In June 2018, the Commission adopted a Recommendation on standards for equality bodies . It encourages the Member States to strengthen equality bodies’ independence and effectiveness. This should help the bodies in carrying out their key tasks of offering independent assistance to victims of discrimination, promoting equality, conducting independent surveys and issuing independent reports and recommendations.

The Commission closely monitored the application of the Racial Equality Directive , a key EU legal instrument for combating discrimination on grounds of racial or ethnic origin. The Commission focused its efforts on the Roma community’s access to education and housing. To this end, it organised fact-finding missions in the Member States and meetings with stakeholders and with the relevant high-level groups of experts (including a subgroup focusing on equality data).

Enforcing the rules in the area of security

In 2018, enforcement work continued under the European Agenda on Security and the development of the Security Union. The implementation of the EU rules in this area is key to ensuring a high level of security throughout the EU. The regular progress reports on the Security Union refer to ongoing efforts to ensure the full and correct implementation of the rules.

The directives on the European Investigation Order in criminal matters and the Fourth Anti-Money Laundering Directive are essential tools for effective cooperation in combating cross-border crime and terrorism. These directives contribute to the goals of the security agenda.

The European Investigation Order simplifies the work of judicial authorities when they request evidence located in another EU country.

In 2018, the Commission monitored Member States’ implementation of two key directives on security and fighting serious crime: the Passenger Name Record Directive and the Directive on combating terrorism .

7.Towards a new policy on migration

The Commission’s migration policy seeks to equip the EU with the tools to better manage migration in the medium and long term. It covers irregular migration, border protection, asylum and legal migration.

In 2018, the Commission continued to monitor Member States’ implementation of EU migration and asylum law, in particular the Asylum Procedures Directive , the Reception Conditions Directive and the Return Directive . These directives establish rules on processing asylum claims, guarantee a dignified standard of living for asylum seekers in the EU and set common standards and procedures under which non-EU nationals staying illegally may be removed from the territories of EU countries.

On legal migration, the Commission’s priority is to improve the EU’s ability to attract and retain highly-skilled workers. It is therefore important to ensure that the directives on legal migration are implemented fully and correctly. They establish common conditions for the admission and residence of non-EU nationals.

The Commission also continued to check that Member States do not charge disproportionate fees for issuing residence permits to non-EU nationals.