Paradoxal ??? La Commission poursuit 9 Etats membres... pas forcément ceux auxquels on s'attend.

Communiqué de la commission :
“Brussels, 16 October 2003

Rail infrastructure package: Commission refers 9 Member States to the Court of Justice

The Commission is bringing today 9 Member States in front of the Court of Justice for failing to notify the Commission of any transposition of the rail infrastructure package opening the market for international rail freight services. The transposition of this set of three directives into the national legal framework should enable more efficient and on-time cross-border operations needed by rail to compete with road. The Commission will fully play its role in ensuring a European level playing field.

The 9 countries failing to notify the Commission of their legal transposition of the European legislation are: Austria, Germany, Greece, Ireland, Luxembourg, Portugal, Spain, Sweden and the United Kingdom. The railway infrastructure package (1) had to be implemented into national legislation by 15 March 2003 (see IP/03/378).

So far, only France, Belgium, Finland, the Netherlands, Italy and Denmark have notified transposition of the first package of measures. Luxembourg has failed to notified transposition of two of the Directives (2) . However, it has to be noted that among the 9 other Member States, 4 have already opened their rail freight market to competition (Sweden, United-Kingdom, Austria, and Germany). This does not exempt them to notify their national measures concerning the market opening, as well as the measures related to the other aspects covered by the “rail infrastructure package” (independent capacity allocation, charging scheme, independent regulator, provisions on licensing and safety certification, etc…).

The 2001 rail infrastructure package requires Member States to guarantee access rights to the Trans-European Rail Freight Network for international rail freight services, set charges for the use of infrastructure according to common principles, and define transparent and fair rules and procedures for the allocation of train paths.

Legislation implementing the package will separately be subject to further examination as to whether it conforms to the European legislation and whether it fully transposes it. However, for the Commission to fulfil this task Member States must cooperate and provide the information.

More information on the current developments in rail transport in the EU can be found on the Commission's website for rail transport and interoperability:

http://europa.eu.int/comm/transport/rail/index_en.html

(1) Which consists of Directives 2001/12/EC, 2001/13/EC and 2001/14/EC

(2) Directives 2001/12/EC and 2001/13/EC “

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