Reporting period:
The EU Pilot dialogue is a mechanism for informal exchange between the Commission and the Member State concerned on issues relating to potential non-compliance with EU law. It can be used before launching a formal infringement procedure.
The EU Pilot dialogue in practice
In line with the Communication EU law: Better results through better application (C/2016/8600), the Commission applies the EU Pilot dialogue whenever it is considered useful in a given case. It is not a mandatory step preceding each infringement procedure, but can be used when the issue is likely to be resolved through informal dialogue. Acting on its own initiative or in response to a complaint, the Commission may also need to gather information as to whether EU law is being complied with.
The Commission and Member States share information on particular files using the EU Pilot dialogue online database and communication tool.
In general:
- The Commission sends a query to the Member State concerned, which as a rule has 10 weeks to reply.
- The Commission then, as a rule, has 10 weeks to assess the Member State’s response.
- If the response is unsatisfactory, the Commission may start an infringement procedure.
- Additional exchanges may occur, with a view to finalising the informal dialogue within 9 months.
The EU Pilot dialogue and the Single Market – why does it matter?
The EU Pilot dialogue is used to address potential breaches of EU law - within and beyond Single Market legislation - through close informal cooperation between the Commission and the Member State concerned. The informal dialogue with the Member State may either lead to the issue at stake being resolved or help the Commission identify more clearly potential breaches of EU law requiring the launch of an infringement procedure. The information in the EU Pilot system complements data on infringements by giving the Commission an insight into potential non-compliance with EU law.
More information on its use and its value can be found in the Communication Enforcing EU law for a Europe that delivers (COM(2022)518 final).
Key messages
- The figures for 2024 (reference period of January to November 2024) show that the Commission mainly focused in processing the existing files submitted to Member States before 2024, with a significant increase of handled EU Pilot files during the reference period.
- The Commission used the EU Pilot dialogue to efficiently check and clarify transposition issues and to gather additional factual or legal information from Member States.
- With 75% of EU Pilot files closed without launching an infringement procedure, the resolution rate remains high and similar to previous years. Given the high amount of handled cases in 2024, this is particularly encouraging.
- The policy areas with the most EU Pilot files proposed for formal infringement procedures are governance on energy and climate (13 cases), energy performance of buildings (9 cases) and water (5 cases).
Priorities
The Commission’s objective is to further improve the effectiveness, efficiency and speed of the EU Pilot dialogue, in line with its enforcement policy and in close cooperation with the Member States.
The stocktaking report on the Commission working methods for monitoring the application of EU law published on 14 July 2023 identified the EU Pilot dialogue as one possible area to revamp the Commission’s performance management of its enforcement work. The report recommended ensuring a consistent, efficient, and appropriate use of the EU Pilot dialogue across the Commission, in particular by improving internal working processes, including the validation and monitoring process, and its IT system.
The Commission is currently implementing these recommendations.
Facts and figures
The scope of the EU Pilot dialogue goes beyond Single Market legislation and covers the whole body of EU law. Therefore, the information provided below is not only limited to Single Market issues but also includes other areas of EU legislation. For complete information on the EU Pilot dialogue, see the 2023 Annual Report on monitoring the application of EU law.
2024 in figures
- New files opened between January and November 2024: 168
- Files processed and closed between January and November 2024: 319
- Files still open at the end of November 2024: 468
The figures above include files opened in previous years.
Infringement procedure opened or planned following the closure of EU Pilot files: 51
Member States with the highest number of new EU Pilot files:
- Italy: 15
- France: 14
- Portugal: 9
Main policy areas of the 168 new files:
- Financial stability, financial services and the Capital Markets Union: (59 files) – securities / investment funds / insurance / retail financial services
- Energy: (38 files) – security of supply / energy efficiency - electricity produced from renewable energy sources / energy performance of buildings
- Taxation and the Customs Union: (20 files) – indirect taxation / direct taxation / customs
These policy areas represent 70% of all new EU Pilot files.