site.bta EC Refers Bulgaria to the Court for Failing to Implement Rules on e-passports and e-residence Permits

EC Refers Bulgaria to the Court for Failing to Implement Rules on e-passports and e-residence Permits

Brussels, November 17 (BTA) - The European Commission said Thursday that it has decided to refer Bulgaria to the EU Court of Justice for a non-implementation of the obligation to create a Single Point of Contact to ensure the mandatory exchange of information under the EU document security legislation.

The establishment of such contact points is mandatory and should allow for the exchange of information necessary to access the fingerprint images stored on e-passports and e-residence permits for third-country nationals, the Commission explained.

The exchange of certificates through Single Points of Contact prevents unauthorized reading of the biometrics stored digitally in the documents and ensures that Member States can securely access information on the chips contained in all biometric passports, travel documents and residence permits issued by other Member States.

Bulgaria has not implemented this important part of the EU document security legislation and thereby prevents other Member States from securely accessing and verifying the fingerprints stored on the chips in Bulgarian passports, the Commission says.

In a second procedure, the Commission has requested Bulgaria, along with Poland, Spain and the UK to fully transpose the EU Offshore Safety Directive.

Through the Directive, the EU has put in place a set of rules to help prevent accidents as well as respond promptly and efficiently should such accidents occur, and Member States must ensure that companies to which they grant a license for exploration or production, are well financed and have the necessary technical expertise, and that they keep resources at hand in order to put them into operation when necessary.

Companies are also fully liable for environmental damages caused to protected species and natural habitats, the Commission said.

The Directive had to be transposed into national law by 19 July 2015.

The EU has sent reasoned opinions to Bulgaria, Poland, Spain and the UK after identifying gaps in the national legislation which transposes the Directive.

Bulgaria and the other three Member States now have two months to comply with their obligations before the Commission decides whether or not to refer them to the Court of Justice of the EU.

In a third procedure, the Commission requests Bulgaria to bring its legislation on financial reporting into line with EU law. The Accounting Directive (Directive 2013/34/EU) - which repeals two Council Directives (Fourth Council Directive 78/660/EEC and Seventh Council Directive 83/349/EEC) - aims to reduce the administrative burden for small companies and improve the quality and comparability of the information disclosed in financial reports. It sets out EU-wide rules on annual financial statements, consolidated financial statements and related reports of certain types of undertakings.

Member States had to enact these rules in national law by 20 July 2015.

Having missed the original deadline, the Commission sent to the Bulgarian authorities a letter of formal notice in September 2015. Today's request takes the form of a reasoned opinion. If Bulgaria fails to act within two months, this Member State may be referred to the Court of Justice.