IP/06/1780
Brussels, 12th December 2006
Rail competitiveness: Commission takes Portugal and Slovenia to the Court and sends reasoned opinion to Latvia The European Commission has decided today to pursue infringement proceedings against three Member States that have failed to notify the Commission of the transposition of two key directives of the second railway package into domestic legislation. These two directives aim to open up the market for international and national rail freight transport, as well as to ensure high levels of safety and interoperability for rail business throughout Europe. The Commission is determined to ensure a level playing field for rail across the single market. Jacques Barrot, Vice-president in charge of transport, stated: “Railways must be able to compete more effectively with road transport. Equal access to railway infrastructure is essential, as well as transparent procedures for improving interoperability. This latter allows for significant costs reductions for railway undertakings and a simplification of technical standards”.
The Commission decided to refer Portugal and Slovenia to the Court of Justice for failing to notify the national measures adopted to implement Directive 2004/51/EC on rail market opening. Directive 2004/51/EC foresees an opening of the market for international freight transport by rail as of 1 January 2006 and an opening of the national markets as of 1 January 2007. From that date, any railway undertaking in Europe that is in the possession of the required certificates can operate national and international rail freight services throughout the European Union.
The Commission also decided to send a reasoned opinion to Latvia as it has not notified the national implementation measures for Directive 2004/50/EC on railway interoperability. If Latvia fails to respond to the Commission's reasoned opinion (by notifying its transposition measures) within a two-month deadline, the Commission may decide to take the case before the European Court of Justice.
Directive 2004/50/EC updates legislation already in force on the technical interoperability, which is needed in order to operate cross-border services and cut rolling stock costs on the high-speed network. The Directive also allows for a change in working methods to facilitate the elaboration of technical specifications for interoperability. Geographically, interoperability will be extended to the entire open rail network of the European Union.
The second railway package[1] had to be transposed into national legislation before 31 December 2005 as far as the Directive 2004/51/EC on market opening is concerned and 30 April 2006 for the Directive 2004/50/EC on railway interoperability. Legislation implementing the package will be subject to further separate examination as to whether it conforms to European legislation and fully transposes it. For more information on the current developments in rail transport in the EU see:
http://ec.europa.eu/transport/rail/index_en.html
[1] The second railway package consists of Directive 2004/49/EC (Railway Safety), Directive 2004/50/EC (Interoperability), Directive 2004/51/EC (Market Opening) and Regulation (EC) 881/2004 establishing a European Railway Agency. Directive 2004/51/EC foresees full market opening for international rail transport as of 1 January 2006 and had to be implemented by 31 December 2005. A comprehensive view of the notifications by the Member States can be found under: http://ec.europa.eu/transport/rail/legislation/mne_table_en.htm
