European Commission: Fines

House of Lords written question – answered at on 5 July 2010.

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Photo of Lord Pearson of Rannoch Lord Pearson of Rannoch UKIP

To ask Her Majesty's Government, further to the Written Answer by Lord Howell of Guildford on 23 June (HL534), how many fines have been levied by the European Commission on (a) the United Kingdom, and (b) other European Union countries, since 1972; for what offences; of what amounts; how many remain unpaid; and by which countries.

Photo of Lord Howell of Guildford Lord Howell of Guildford Minister of State (Foreign and Commonwealth Office) (International Energy Policy)

The fines procedure was introduced by the Maastricht Treaty in 1992. Prior to 1992 there was no procedural framework to levy fines against member states.

Under Article 258 of the Treaty on the Functioning of the EU (TFEU) the European Commission can consider whether a member state has failed to fulfil treaty obligations and bring the matter before the Court of Justice of the EU. Under Article 260 of the TFEU, the Court of Justice of the EU can require a member state to take the necessary measures to comply with any judgment of the court regarding a failure to fulfil an obligation under the treaties. If the court finds that a member state has not complied with its judgment it may impose a lump sum or penalty payment.

To date, the Court of Justice of the EU has not imposed any fine against the UK under Article 260 of the TFEU.

Since 1992, the following member states have had fines levied against them by the Court of Justice under Article 260.

Greece

Case C-387/97 (Waste)Failed to implement Directives 75/442/EEC and 79/319/EEC. EUR 20,000 per day until implementation.Case C-109/08 (Free Movement of Goods)Failed to comply with judgment in Case C-65/05.EUR 3,000,000 lump sum and EUR 31,536 for each day of delay in implementation.Case 568/07 (Freedom of Establishment)Failed to comply with judgment in Case C-140/03 within the required time frame. EUR 1,000,000 lump sum and no penalty payment imposed.Case 369/07 (State Aid)Failed to comply with judgment in Case C-415/03 and therefore failed to fulfil its obligations under Commission Decision 2003/372.EUR 2,000,000 lump sum and EUR 16,000 per day until compliance.FranceCase 304/02 (Fishery Conservation)Failure to comply with the judgment in Case-64/68. EUR 20,000,000 lump sum and EUR 57,761,250 for each period of six months from the date of the judgment at the end of which Case C-64/68 had still not been fully implemented.Case C-121/07 (Genetically Modified Organisms)Failure to comply with the judgment in Case C-419/03 establishing its failure to fulfil obligations under Directive 90/220.EUR 10,000,000 lump sum.Case C-177/04 (Defective Products)Failure to comply with the judgment in Case C-52/00 and had incorrectly transposed the Product Liability Directive.EUR 31,650 penalty payment for each day of compliance delay.SpainCase C-278/01 (Bathing Water)Failure to comply with the judgment in Case C-92/96EUR 624,150 per annum and per percentage of inshore bathing areas not complying with the limit values of Directive 76/160/EEC.Portugal Case C-70/06Failure to comply with the judgment in Case C-275/03 and fulfil its obligations under Council Directive 89/665/EEC.EUR 19,392 for each day of delay in compliance.

The UK does not hold information regarding unpaid fines.

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