European Commission Refers Bulgaria to EU Court for Failure to Implement Railway Safety Legislation

European Commission Refers Bulgaria to EU Court for Failure to Implement Railway Safety Legislation


European Commission Refers Bulgaria
to EU Court for Failure to Implement
Railway Safety Legislation

Brussels, November 8 (BTA correspondent Nikolay Jeliazkov) - The European Commission said on Thursday it has decided to refer Bulgaria to the Court of Justice of the EU for failure to correctly transpose and implement EU legislation on railway safety (Directive 2004/49/EC).

The Directive requires member states to establish an investigating body which is independent in its organization, legal structure and decision-making from any railway undertaking, infrastructure manager, charging body, allocation body and notified body, and more generally from any party whose interests could conflict with the tasks entrusted to the investigating body.

Bulgaria has failed to fully transpose and implement the Directive at national level in this regard, the Commission said. More specifically, Bulgarian legislation does not guarantee that investigations of serious rail accidents and incidents are performed by an independent investigating body.

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The European Commission urged Bulgaria and Cyprus to fully transpose European rules on the periodic technical inspection of motor vehicles and their trailers into national law (Directive 2014/45/EU). The Directive defines the items to be tested during the roadworthiness test, the test methods, and the defects and their assessment. In spite of member states' notifications of national transposition measures and declarations of complete transposition, the Commission has found the transposition of the Directive's measures in these member states incomplete.

The member states concerned have now two months to respond, after which the Commission may decide to refer the case to the Court of Justice of the EU.

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The European Commission decided to send an additional letter of formal notice to Bulgaria for failing to correctly transpose EU rules on airport charges (Directive 2009/12/EC).

Member states are required to put in place national measures to ensure that airport fees for air carriers are calculated in accordance with the principles of transparency, consultation and non-discrimination as set out in policies agreed by the International Civil Aviation Organization (ICAO). Member states need to ensure that airport managing bodies hold consultations with airlines based on a transparent information exchange between the two parties. This is to warrant that airport charges are non-discriminatory and related to the level of services provided by the airport. In case of disagreement, either party may seek the intervention of the independent supervisory authority in the respective member state which will examine the matter.

Bulgaria has two months to reply to the arguments raised by the Commission; otherwise, the Commission may decide to send a reasoned opinion. LY/VE

Source: Brussels