EU opens two more infringement procedures against Vienna

Brussels – The European Commission has decided to initiate infringement proceedings against Austria and five other EU countries for failing to meet their obligations to implement the electronic customs system for temporary storage in air traffic and the national import system. Austria, along with five other EU countries, is also affected by a procedure because complete customs data were not transmitted to Brussels.

The member states should establish and make operational the electronic customs systems in accordance with the Union Customs Code by December 31, 2023. The electronic temporary storage system allows for the electronic submission of the relevant declarations and is one of the key steps in monitoring goods imported into the EU. By linking with other national applications, the national import system plays a central role in ensuring effective revenue collection and protecting the financial interests of the EU.

EU countries using outdated datasets

Furthermore, member states were required to transmit certain customs data to Brussels via SURV3, a digital system operated by the EU, by January 1, 2024, in accordance with the Union Customs Code. The IT system SURV3 is intended to facilitate the collection and monitoring of customs data across the Union, as well as the uniform application of customs controls and compliance with EU border measures. However, the member states in question continue to use outdated formats and reduced datasets, according to the Commission. This non-compliance undermines the effectiveness and reliability of EU customs operations.

The Commission is sending letters of formal notice to the affected EU states in both cases, which now have two months to respond and rectify the identified deficiencies. If a satisfactory response is not received, the Commission may decide to issue reasoned opinions in the next step of the infringement procedure.

EU sues Austria over Danube Commission

The EU Commission is suing Austria, Germany, and Hungary before the European Court of Justice (ECJ) over jurisdictional disputes in the context of the Danube Commission. The three countries failed to meet their obligations under EU treaties when they voted in 2021 in the Danube Commission for a decision on the recognition of ship crew documents that fall under EU legislation, the Brussels authority announced on Wednesday.

The EU Commission criticizes that the recommendation of the Danube Commission was adopted before an EU Council decision and against a request from the EU Commission. It sees this as a violation of the EU’s exclusive external competence and the principle of loyal cooperation. Austria, Germany, and Hungary denied the allegations made by the EU Commission.

Directive on cybersecurity not implemented

In an ongoing procedure, the EU Commission today took the next step and sent reasoned opinions to 19 member states, including Austria. The member states were required to implement the NIS2 Directive into national law by October 17, 2024. It aims to ensure a high level of cybersecurity across the EU and applies to entities operating in critical sectors, such as public electronic communications services, wastewater and waste management, or health. According to the Commission, its full implementation is key to further improving the resilience and responsiveness of public and private entities.

The 19 countries now have two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union. (07.05.2025)