April infringements package: main decisions

Apr. 16, 2014

Source: European Commission, Environment DG

Brussels -- In its monthly package of infringement decisions, the European Commission is pursuing legal action against Member States for failing to comply properly with their obligations under EU law. These decisions covering many sectors aim to ensure proper application of EU law for the benefit of citizens and businesses.

The Commission has today taken 135 decisions, including 31 reasoned opinions and 4 referrals to the European Union's Court of Justice. Below is a summary of the main decisions. For more information on infringements procedure, see MEMO/12/12.

1. Major Cases involving Member States

Single European Sky: Commission urges Germany, Belgium, France, the Netherlands, and Luxembourg to make a decisive move towards a common airspace

Today the Commission has formally requested Germany, Belgium, France, the Netherlands, and Luxembourg to improve their Functional Airspace Block (FAB), a common airspace arranged around traffic flows rather than state boundaries. FABs are a crucial step towards a more efficient, less costly and less polluting aviation system in Europe.

(for more information: IP/14/446 - H. Kearns - Tel. +32 229 87638 - Mobile +32 498 98 7638)

2. Referrals to the Court of Justice

Energy efficiency in buildings: Commission refers Belgium and Finland to Court for failing to fully transpose EU rules

The European Commission is referring Belgium and Finland to the Court of Justice of the European Union for failing to transpose the Energy Performance of Buildings Directive. Under this directive, Member States must establish and apply minimum energy performance requirements for all buildings, ensure the certification of buildings' energy performance and require the regular inspection of heating and air conditioning systems. In addition, the directive requires Member States to ensure that by 2021 all new buildings are so-called nearly zero-energy buildings. The directive had to be transposed into national law by 9 July 2012.
The Commission proposes a daily penalty of 19 178.25 € against Finland and 42 178.50 € against Belgium. The level of this penalty is set taking into account the duration and the gravity of the infringement. In case of an affirmative judgment of the Court, the daily penalty is to be paid from the date of the judgment until the transposition is completed. The final amount of the daily penalty will be decided by the Court.

(for more information: IP/14/447 - S. Berger - Tel. +32 229 27 92 - Mobile +32 460 792 792)

Environment: Commission takes Austria to Court over failure to protect water quality on Schwarze Sulm river

The European Commission is taking Austria to Court for its failure to ensure adequate protection for the Schwarze Sulm river in Steiermark. In the Commission's view, the construction of a proposed power plant would cause a serious deterioration in the quality of the river, which is one of the longest undisturbed rivers in the region. The Commission is of the view that the regional authority failed to respect the water quality requirements of the Water Framework Directive when it authorised the hydropower project in 2007. Indeed, the permit in question was revoked by the Austrian Federal Ministry of Environment in 2009, but Austria's constitutional court dismissed that revocation on purely formal grounds in 2012. The permit therefore came back into force and can no longer be challenged before a national court. This led the Commission to open infringement proceedings in 2013, on the grounds that the permit for the power plant is not in line with the requirements of the Water Framework Directive. As building work now appears to have begun on the project, the Commission is referring the case to the EU Court of Justice, on the recommendation of Environment Commissioner Janez Potočnik.

(for more information: IP/14/448 - J. Hennon - Tel. +32 229 53593 - Mobile +32 498 95 3593)

Climate change: Commission refers Poland to Court for failure to comply with EU laws on fluorinated greenhouse gases

The European Commission has decided to refer Poland to the EU Court of Justice for failing to notify to the Commission what penalties have been put in place in case the EU rules for companies and personnel undertaking certain activities with fluorinated gases are not observed. Poland has also not yet notified the national certification bodies that should train and certify the relevant service personnel and service companies.
The Commission sent Poland a reasoned opinion on this matter in November 2012. Since then, the awaited notifications have still not been made to the Commission. The European Commission has therefore decided to refer the case to the Court of Justice.

(for more information: IP/14/449 - I. Valero Ladron - Tel. +32 229 64971 - Mobile +32 498 96 4971)

3. Reasoned opinions

Professional qualifications: Commission urges five Member States to fully implement EU rules

The Commission is today formally requesting Cyprus, Ireland, Italy, Luxembourg and Romania to fully implement in national law Directive 2013/25/EU of 13 May 2013 adapting certain Directives in the field of right of establishment and freedom to provide services to the accession of the Republic of Croatia. The Directives amended through Directive 2013/25/EU are: Directive 2005/36/EC on the recognition of professional qualifications, Directive 77/249/EEC to facilitate the effective exercise by lawyers of freedom to provide services and Directive 74/557 EEC on the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons and of intermediaries engaging in the trade and distribution of toxic products. Member States had to adopt and publish, by the date of accession of Croatia to the Union at the latest, the laws, regulations and administrative provisions necessary to comply with Directive 2013/25/EU. Furthermore, they had to immediately communicate to the Commission the text of those provisions. The above-mentioned Member States did not implement at all or did not implement completely this directive into national law. The Commission's requests take the form of reasoned opinions, the second stage of the infringement procedure. If no satisfactory replies from the five Member States concerned are received within two months, the Commission may refer them to the EU Court of Justice.
More information: http://ec.europa.eu/internal_market/qualifications/index_en.htm

(for more information: C. Hughes - Tel. +32 229 64450 - Mobile +32 498 96 4450)

EU citizens’ electoral rights: Commission continues action against Czech Republic, Latvia and Poland

The Commission has today decided to continue its infringement proceedings against the Czech Republic, Latvia and Poland for applying limitations to citizens from other EU countries who want to exercise their political rights. While Latvia limits the right to found a party to Latvian nationals, both the Czech Republic and Poland restrict the right to join or to found a political party to their own nationals. These restrictions mean that citizens from other EU Member States residing in one of the three countries cannot exercise their rights to vote and stand as candidates in local and European elections on the same basis as nationals. EU citizens may thus be at a disadvantage compared to nationals when standing for election if they are unable to join a party or found their own one. This is contrary to EU law (Article 22 Treaty on the Functioning of the European Union) and goes against the principle of non-discrimination on grounds of nationality which requires that EU citizens should be able to exercise their rights under the same conditions as nationals. It was one of the issues that the Commission committed to tackle in its 2013 Citizenship report (MEMO/13/409). While a solution could be found with the some Member States (Germany, Malta, Bulgaria, Finland and Greece), this is not the case for the Czech Republic, Latvia and Poland. The Commission is therefore issuing a reasoned opinion to all three countries.

(for more information: M. Andreeva - Tel. +32 229 91382- Mobile +32 498 99 1382)

Safety of medicines: Commission urges four Member States to notify transposition of EU pharmacovigilance rules

Today, the European Commission sent a formal request to Denmark, Italy, the Netherlands and Slovenia to ensure full transposition with the pharmacovigilance Directive (2012/26/EU). This Directive specifies the requirements for monitoring the safety of medicines on the European market and the prevention, detection and assessment of adverse reactions to medicines. This legislation is part of EU’s efforts to make its pharmacovigilance system one of the most advanced and comprehensive in the world, ensuring the highest level of public health protection and patient safety.
To date, the above Member States have not turned this Directive into national law, despite being required to do so by 28 October 2013. These countries have two months to inform the Commission of measures taken to fully transpose Directive 2012/26/EU. Failure to notify adequate measures could lead to the Commission referring the cases to the Court of Justice of the European Union.

(for more information: F. Vincent - Tel. +32 229 87166 - Mobile +32 498 98 7166)

Enlargement: Commission asks Austria to amend its establishment and residence law

The European Commission is asking Austria for a review of some dispositions of its establishment and residence law so that they comply with the rights of Turkish nationals and their families under the EU - Turkey association law and its standstill clauses. In its reply to a letter of formal notice sent in November last year, Austria informed the Commission that it did not see the need to amend its national legislation because the Ministry of the Interior had issued circulars to the competent authorities of first instance asking them not to apply those dispositions of the establishment and residence law to Turkish nationals which have resulted in a worsening of their legal situation since Austria's accession to the EU. However, the Commission considers this as insufficient because the Turkish nationals concerned cannot rely on circulars which have not been published and could be changed by the administration any time. If Austria fails to act within two months, the Commission may refer the case to the Court of Justice of the European Union.

(for more information: P. Stano – Tel. +32 229 57484 – Mobile +32 460 75 7484)

Commission requests Belgium to comply with EU telecoms law

The Commission has decided today to request Belgium to adapt Belgian rules regarding the independence of the Belgian Institute for Post and Telecommunications (BIPT) - the National Regulatory Authority (NRA) – to ensure their compliance with EU telecoms legislation. Under current Belgian rules the Belgian Council of Ministers has the power to suspend and amend some of BIPT's decisions. Moreover, the BIPT strategic work plan for 3 years has to be approved by the Belgian Council of Ministers. In the Commission's view the rules under which the Belgian Council of Ministers can intervene in the decisions or plans of the BIPT are in breach with the NRAs independence as required in Article 3(3)a and 4 of the Framework Directive, which protects the independence of the NRA responsible for market regulation and dispute resolution, as regards all telecoms tasks with which it is entrusted.
The request takes the form of a reasoned opinion under EU infringement procedures. Independence of NRAs is a corner stone of the European Electronic Communications Regulatory Framework, leading to competitive markets to the benefit of the consumers, and to ensure the stability of their actions and the predictability of their decisions for the rest of the sector.

(for more information: R. Heath – Tel. +32 229 61716 - Mobile +32 460 75 0221)

Transport: Commission asks Belgium to amend legislation on transport of dangerous goods

The Commission has requested Belgium to amend its national legislation regarding inland transport of dangerous goods (such as chemicals, gases, petroleum products or explosives). Belgium has not notified all the new rules that entered into application on 1 July 2013. Therefore, the Commission is sending a Reasoned Opinion to Belgium today. The Directive on the inland transport of dangerous goods (Directive 2008/68/EC) was adopted in 2008. It is revised every two years to keep it up-to-date. The Directive sets uniform conditions for safe transport of dangerous goods by road, rail and inland waterways in the EU. Failure to comply with the common provisions may create risks during transport and hinder the transport of these goods in the EU.

(for more information: H. Kearns - Tel. +32 229 87638 - Mobile +32 498 98 7638)

Climate change: Commission asks Germany to comply with EU laws on the scheme for greenhouse gas emission allowance trading within the EU (EU ETS)

Today the Commission has requested Germany to fully transpose Directive 2003/87/EC on the EU greenhouse gas emission allowance trading scheme (EU ETS). The EU ETS is a cornerstone of the European Union's policy to combat climate change and its key tool for reducing industrial greenhouse gas emissions cost-effectively. To date, the German national legislation does not transpose all the requirements of the Directive with regard to its scope. The Commission is therefore today asking this Member State, in a Reasoned Opinion (the second stage in EU infringement proceedings), to comply with EU law.

(for more information: I. Valero Ladron - Tel. +32 229 64971 - Mobile +32 498 96 4971)

Age discrimination in pension rights: Commission continues legal action against Greece

The Commission has sent a reasoned opinion to Greece as it considers the country's conditions in the retirement age for members of the diplomatic corps to be discriminatory on the grounds of age and thus to go against the Employment Equality Directive (2000/78/EC). Under Greek law, diplomats face compulsory retirement at the age of 65, even if they have not been able to complete 35 years of pensionable service. However, employees of the Greek Foreign Ministry are able to continue working up to the age of 67, in order to reach the 35 year period to qualify for full pension rights.

(for more information: M. Andreeva - Tel. +32 229 91382- Mobile +32 498 99 1382)

Basketball: Commission asks Spain to end indirect discrimination towards players from other Member States

The European Commission has requested Spain to change its rules on the composition of basketball teams as the current quotas for locally trained players lead to indirect indiscrimination towards players from other Member States. The Spanish Basketball Federation (FEB) and the Spanish Association of Basketball Clubs (ACB) require that teams taking part in their competitions include a minimum number of locally trained players: EU players who between 13 and 19 years old have been registered with a club member of the FEB for three seasons. Since this condition is more easily met by Spanish players, this is liable to put players from other Member States at a particular disadvantage. EU law forbids indirect discrimination unless the measures pursue a legitimate objective, are appropriate and do not go beyond what is necessary to attain it. While accepting as legitimate the objectives put forward by Spain to justify these rules (encouraging the recruitment and training of young players and protecting the balance of competitions), the Commission considers that Spain has failed to show the appropriateness and proportionality of the concrete quotas for each competition. Indeed, only the quotas for teams of 11 players in the Liga Endesa and Femenina (36% of total players) could be comparable in terms of restrictive effects to the Home Grown Player UEFA rule (32% of the posts in each team), for which the Commission has not raised objections so far. The quotas for the other competitions and/or configuration of teams, on the contrary, result in reserving for locally trained players between 40% and 88% of the jobs available in the basketball teams. The Commission's request takes the form of a 'reasoned opinion' under EU infringement procedures. Spain now has two months to notify of the measures taken to remedy this situation. Otherwise, the Commission may decide to refer Spain to the EU's Court of Justice.

(for more information: J. Todd - Tel. +32 229 94107 - Mobile +32 498 99 4107)

Pensions: Commission requests Finland to protect workers' pensions in case of employer's bankruptcy

The European Commission has requested Finland to guarantee the protection of workers' pensions financed through book reserves (i.e. by allocations on a company's balance sheet). Directive 2008/94/EC on protection of employees in the event of their employer's insolvency requires Member States to adopt the necessary measures to protect these pensions. However, under Finnish law, no specific provisions require supplementary pensions to be paid by the employer from its own funds. The only measure provided in Finnish law in order to protect this type of schemes is the wage guarantee legislation. However, national law does not guarantee that this legislation applies to book reserve schemes. This is therefore in breach of the Directive. The Commission's request takes the form of a 'reasoned opinion' under EU infringement procedures. Finland has two months to notify the Commission of measures taken to bring national legislation into line with EU law. Otherwise, the Commission may decide to refer Finland to the EU's Court of Justice.

(for more information: J. Todd - Tel. +32 229 94107 - Mobile +32 498 99 4107)

Antitrust: Commission requests Hungary to ensure effective enforcement of competition law regarding agricultural products

The European Commission has formally requested Hungary to comply with its obligations under EU law, after Hungary adopted a law which essentially prevents the Hungarian competition authority from sanctioning cartels on agricultural products. Article 101 of the Treaty on the Functioning of the European Union (TFEU) prohibits cartels and restrictive business practices. An effective enforcement of Article 101 TFEU requires the imposition of effective and deterrent fines on undertakings that participate in cartels pursuant to Article 5 of the Antitrust Regulation 1/2003, the duty of cooperation according to Article 4(3) of the EU Treaty and the general EU law principle of effectiveness. The request takes the form of a reasoned opinion, the second step of EU infringement procedures. Hungary now has two months to bring its legislation into conformity with EU law, otherwise the Commission may decide to refer the case to the EU Court of Justice. Since the entry into force of the Antitrust Regulation, in May 2004, the Commission and the national competition authorities share parallel competences for the enforcement of EU competition law. They cooperate in the European Competition Network (ECN) to exchange information and inform each other of proposed decisions to ensure an effective and consistent application of EU competition rules.

(for more information: A. Colombani – Tel. +32 229 74513 – Mobile +32 460 75 2063)

Excise duties: Commission requests Hungary to apply single rate for spirits

The European Commission has requested Hungary to amend its legislation that provides for two separate excise duty rates for spirits drinks. Hungary applies two distinct excise duty rates to spirit drinks depending on the product's composition and production method. One of these rates is significantly higher than the other. Excise duties for alcohol are harmonised under the EU Directive on the structure of excise duties. Under that Directive, Member States must apply a single rate of excise duty on all spirits drinks based on their alcohol content. The objective of EU legislation on excise duties is to prevent distortions of competition in the Single Market. The Commission’s request takes the form of a reasoned opinion. If Hungary fails to comply within two months, the Commission may refer the matter to the European Court of Justice.

(for more information: E. Traynor - Tel. +32 229 21548 - Mobile +32 498 98 3871)

Taxation: Commission requests Hungary to end measures that restrict the trade of tobacco products

The European Commission has requested Hungary to amend its legislation that applies a sales restriction on tobacco products already released for consumption. Hungary levies excise duties on tobacco by means of tax markings on the product. When the tax rate (VAT, excise duty) changes, tobacco products fitted with tax markings bearing the old tax rate cannot be sold by wholesalers and importers after the expiry of 15 days following the entry into force of the new tax rate. Excise duties are harmonised under an EU Directive. That Directive does not allow the restriction of the trade in tobacco products once they are released for consumption. The request takes the form of a reasoned opinion (the second stage of an infringement procedure). If the legislation is not brought into conformity with EU law within two months, the Commission may refer the matter to the European Court of Justice.

(for more information: E. Traynor - Tel. +32 229 21548 - Mobile +32 498 98 3871)

Taxation: Commission requests Ireland to ensure that private boats do not use lower taxed fuel

The European Commission has formally requested Ireland to amend its legislation to ensure that private pleasure boats can no longer buy lower taxed fuel intended for fishing boats. Under EU rules on fiscal marking for fuels, fuel that can benefit from a reduced tax rate has to be marked by coloured dye. Fishing vessels for example are allowed to benefit from fuel subject to a lower tax rate but private boats must use fuel subject to a standard rate. Currently, Ireland breaches EU law by allowing the use of marked fuel for the purposes of propelling private pleasure craft. As a consequence, private leisure boats can not only use fuel intended for fishing vessels, subject to a lower taxation, but also risk heavy penalties if they travel to another Member State and the ship is checked by the local authorities. The Commission's request takes the form of a reasoned opinion. In the absence of a satisfactory response within two months, the Commission may refer Ireland to the EU's Court of Justice.

(for more information: E. Traynor - Tel. +32 229 21548 - Mobile +32 498 98 3871)

Environment: Commission asks ITALY to upgrade protection of Natura 2000 area in Lombardy

The European Commission is asking Italy to upgrade the protection a large oak forest which is part of Natura 2000, the EU-wide network of protected natural areas. The forest, in the Cascina Tre Pini area of Varese in Lombardy, is known to be in poor condition as the owner received compensation for its deterioration back in 2008, since when the condition has deteriorated further. The forest is, moreover, in an area to which that Italy had agreed to give stronger protection and classify as a special area of conservation. An infringement was opened on the matter in 2012, and although Italy has submitted a draft management plan for the site, no plan or measures to upgrade the protected status of the area have been adopted, and the Commission is not convinced that the measures suggested in the draft plan are adequate to address the ongoing problems or their root cause – in particular the air emissions from nearby Milan Malpensa airport. Today's action, technically a reasoned opinion, follows the letter of formal notice sent in 2012, and gives Italy two months to respond. If Italy fails to act, the Commission may take the matter to the EU Court of Justice.

(for more information: J. Hennon - Tel. +32 229 53593 - Mobile +32 498 95 3593)

Taxation: Commission asks THE Netherlands to end the discriminatory taxation of Dutch-sourced dividends paid to EU/EEA insurance companies

The Commission has requested The Netherlands to end the discriminatory taxation of dividends received on shares held by insurance companies established elsewhere in another Member State or in an EEA country (Norway, Lichtenstein and Iceland).
Dutch insurance companies are effectively not taxed on dividends received on shares held in the framework of unit-linked insurances. They can deduct the increase of the obligation to pay the dividends on to their policyholders from the dividends received. This reduces the corporate tax base concerning these dividends to zero, while any withholding tax is credited. However, The Netherlands taxes insurance companies established in the EU or the EEA receiving Dutch dividends on shares held in the framework of unit-linked insurance on the gross dividends, without the possibility of a credit. In line with case C-342/10 Commission v. Finland, the Commission considers the higher taxation of insurance companies established elsewhere in the EU/EEA incompatible with the freedom of capital movement under Article 63 of the Treaty on the Functioning of the European Union and Article 40 of the European Economic Area (EEA) Agreement. The request is in the form of a reasoned opinion. In the absence of a satisfactory response within two months, the Commission may refer the Netherlands to the EU's Court of Justice.

(for more information: E. Traynor - Tel. +32 229 21548 - Mobile +32 498 98 3871).

Climate change: Commission asks Poland to fully ensure environmentally safe geological storage of carbon dioxide

Today the Commission has requested Poland to adopt the necessary measures to fully transpose Directive 2009/31/EC on the geological storage of CO2 (so-called 'CCS Directive'). To date, Poland has not notified complete transposing measures. The Commission is therefore today asking this Member State, in a Reasoned Opinion (the second stage in EU infringement proceedings), to comply with EU law.
The CCS Directive was adopted as part of the climate-energy package in 2009. The Directive establishes a legal framework for the environmentally safe geological storage of CO2, removes legal barriers to the geological storage of CO2 and lays down requirements covering the entire lifetime of a storage site. Carbon capture and storage technology, if commercialized, is seen as one of the major contributors to a low carbon transition in the EU.

(for more information: I. Valero Ladron - Tel. +32 229 64971 - Mobile +32 498 96 4971)

Climate change: Commission asks Poland to comply with EU laws on fuel quality

Directive 2009/30/EC requires Member States to set technical specifications on health and environmental grounds for fuels and to reduce the greenhouse gas intensity of those fuels by up to 10% by 2020. These measures also ensure that air pollutant emissions from vehicles are optimally reduced, a single fuel market is established and vehicles operate correctly everywhere in the EU. To date Poland has failed to fully transpose these rules. The Commission is therefore today asking Poland, in a Reasoned Opinion (the second stage in EU infringement proceedings), to comply with these rules.

(for more information: I. Valero Ladron - Tel. +32 229 64971 - Mobile +32 498 96 4971)

Public procurement: Commission asks SWEDEN to fully comply with EU rules

The European Commission has today asked Sweden to provide for effective review procedures for illegaly awarded public service concession contracts. The Commission considers in particular that the Swedish legal system does not provide the necessary means to restore the transparency of such award procedures, extending them to a new award procedure if needed. As long as effective review procedures are not available, Sweden is infringing EU rules on the right of establishment and the freedom to provide services as well as the principle of effective judicial protection of an individual's rights under EU law. The Commission notes that although the infringement would eventually be solved with the correct implementation of the new concessions Directive to be implemented in Swedish law by 18 April 2016, sticking to this deadline would not provide for a sufficiently quick and effective solution to the ongoing infringement. The Commission's request takes the form of a reasoned opinion, the second stage of the infringement procedure. If the Swedish authorities do not reply satisfactorily within two months, the Commission may refer the matter to the EU Court of Justice.
More information: http://ec.europa.eu/internal_market/publicprocurement/modernising_rules/reform_proposals/index_en.htm

(for more information: C. Hughes - Tel. +32 229 64450 - Mobile +32 498 96 4450)

Labour law: new request to Sweden to prevent abuse of fixed-term employment

The European Commission has decided to send an additional request to Sweden to ensure compliance with the Directive on fixed-term work (1999/70/EC), taking account of all the recent information provided. This complements a previous request in February 2013 (MEMO/13/122). The additional request takes account of extensive material presented in the meantime by the government and various stakeholders, including Swedish trade unions and employers' organisations. There were also several relevant rulings by the EU's Court of Justice. Swedish law allows fixed-term contracts to be concluded and renewed in a number of situations, such as for replacement purposes, for seasonal work and for workers of 67 years and above. The Commission agrees with Sweden that these contracts are all compatible with the Directive as interpreted by the Court, since there are 'objective reasons' for these contracts. However, Sweden also allows so-called general fixed-term contracts, for which no objective reasons are required. In that situation, the Directive requires Member States to protect workers against abusive renewals by either limiting the number of renewals or laying down 'the maximum total duration of successive fixed-term employment contracts'. Swedish law does not effectively do either, nor does it provide equivalent protection. As a result, workers can face an endless chain of fixed-term employment, without objective reasons. In response to the new request, in the form of an 'additional reasoned opinion', Sweden now has two months to notify the Commission of measures taken to fully implement the Directive. Otherwise, the Commission may decide to refer Sweden to the Court of Justice.

(for more information: J. Todd - Tel. +32 229 94107 - Mobile +32 498 99 4107)

Commission urges Slovenia towards more transparency in its financing for rail

The Commission is concerned that Slovenia failed to correctly apply European rules on the separation of accounts between infrastructure managers and railway operators (Directive 2012/34/EU). One of their main purposes is to ensure transparency in the use of public funds so that transport service providers may compete on an equal footing to the benefit of end users. Keeping transparent accounts is the only way to identify how public money is spent and whether it is used for other purposes than the ones foreseen by EU provisions. Due to a lack of transparency, the current arrangements in Slovenia do not exclude that public funds are misused by giving an unfair competitive advantage to those receiving public subsidies. Since this is contrary to existing EU rules, which aim at establishing an efficient, non-distorted and competitive EU internal market for rail, the Commission sent a reasoned opinion to this country. In the absence of a satisfactory response within two months, the Commission may refer it to the Court of Justice of the European Union.

(for more information: H. Kearns - Tel. +32 229 87638 - Mobile +32 498 98 7638)