On 11 December 2020, Belgian Member of the European Parliament (MEP) Cindy Franssen of the Group of the European People’s Party (Christian Democrats) posed a written parliamentary question to the European Commission:
“On 9 July 2018, Directive (EU) 2018/957 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services was published in the Official Journal, requiring Member States to transpose the provisions thereof into national law by 30 July 2020 at the latest.
In reply to a question from Parliament (P-005376/2020), the Commission indicated that letters of formal notice had been sent to 14 Member States and to the United Kingdom on 8 October 2020, asking them to inform it within two months of the measures taken to transpose each of the provisions of the Directive.
1. Following expiry of this two-month deadline on 8 December 2020, can the Commission say which Member States have given a comprehensive reply within deadline? What explanations did they provide?
2. Which countries have since transposed the directive?
3. What action will the Commission take regarding those Member States that have not yet done so?”
On 1 February 2021, Jobs and Social Rights Commissioner Nicolas Schmit responded on behalf of the European Commission stating:
“1. The Commission refers the Honourable Member to the fact that files relating to the monitoring of the application of EC law and ongoing infringements are sensitive, and are subject to the general presumption of confidentiality.
Since the sending of the Letters of Formal Notice, nine more Member States and the United Kingdom have notified their national measures transposing the directive. The Publications Office of the EU publishes the metadata of measures notified by the Member States for the transposition of directives on Eurlex. The full texts of the notified measures are published if the concerned Member States agreed to the full publication.
2. The Commission is analysing the replies received in order to establish in which case the directive has been transposed. Where appropriate, it will not hesitate to take the next steps in the procedure provided for by Article 258 and 260(3) of the Treaty on the Functioning of the European Union against those Member States that still have not transposed the directive (EU) 2018/957, or have done so only partially.
3. The answer provided at paragraph 2 also includes the answer to the third question of the Honourable Member.”
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