Europese Commissie pakt Groot Brittannië, Hongarije en Slovenië aan (en)
Brussels, 28 January 2010
The European Commission has decided to send formal requests to the United Kingdom regarding its implementation of the Market Abuse Directive in Gibraltar; to Hungary regarding its rules on private security services; and to Slovenia regarding its implementation of the 2009 Directive on Deposit Guarantee Schemes. These formal requests take the form of "reasoned opinions", the second stage of the infringement procedure laid down in Article 258 TFEU. If there is no satisfactory reply within two months, the Commission may refer the matter to the European Court of Justice.
United Kingdom - Market Abuse Directive (Gibraltar)
The Commission has decided to send the United Kingdom a reasoned opinion regarding incorrect transposition of Articles 12 and 14 of the Market Abuse Directive (Directive 2003/6/EC relating in particular to insider dealing and price manipulation) into the law of Gibraltar. The Gibraltar legislation of 2 August 2005 does not confer on the competent regulatory authority the investigatory powers or the power to impose sanctions as required by the Directive.
More specifically, the competent authority may require the cessation of any practice that is contrary to the provisions adopted in the implementation of the Directive only with regard to those persons subject to its regulatory power but not to all persons. Moreover, no administrative penalties may be imposed for market abuse by non-professionals.
Hungary - restrictions incompatible with the freedom to provide services in the field of private security services
The European Commission has decided to send a reasoned opinion to the Republic of Hungary on the ground that the Hungarian provisions impose on private security services providers established in another EEA State and wishing to offer their services in Hungary on a temporary basis the following two obligations: first, the obligation to enrol in the relevant professional chamber in Hungary and, secondly, the obligation to obtain prior authorisation from the Hungarian authorities. The Commission takes the view that those two obligations constitute restrictions on the fundamental freedom to provide services in the internal market guaranteed by the Treaty (Article 56 TFEU). Hungary has already acknowledged, in its reply to the letter of formal notice, that it had in this case infringed Article 56 TFEU but it has not yet made the necessary legislative changes.
Slovenia - Deposit Guarantee Schemes
The Commission has taken measures against Slovenia since it has not notified the transposition of Directive 2009/14 amending Directive 1994/19/EC on Deposit Guarantee Schemes. The changes to be transposed by 30 June 2009 ensure better protection of depositors against bank failures. In particular, the minimum level of deposits per depositor per bank that must be covered was increased from €20 000 to €50 000. Furthermore, co-insurance (a percentage of losses to be borne by the depositor) was abolished. Since the Commission has not received any notification from Slovenia, a reasoned opinion has been issued.
The latest information on infringement proceedings concerning all Member States can be found at:
http://ec.europa.eu/community_law/index_en.htm