site.btaRailway Transport Act Revised on First Reading

Bulgaria's National Assembly on Thursday voted, 114-48 with no abstentions, to pass on first reading a Bill to Amend and Supplement the Railway Transport Act proposed by the Council of Ministers.

A report by the Committee on European Affairs and Oversight of the European Funds says the proposed amendments are related to an infringement procedure against Bulgaria for failing to fully transpose Directive 2012/34/EU establishing a single European railway. "The effective legislation does not require the infrastructure manager to act in a non-discriminatory manner when planning maintenance activities. There is no provision allowing the manager to delegate functions to other entities while complying with the requirements of the Directive. Besides, there is no legal framework allowing the regulatory authority to conduct inspections and take corrective measures on its own initiative in cases of discrimination, market violations or other undesirable practices," the report says.

During the debate, Nikola Dimitrov MP of Vazrazhdane said the amendments award profitable state activities to concessionaires. The bill proposes that routes owned by the National Railway Infrastructure Company (NRIC) be granted to concessionaires who will collect concession fees and maintain the routes, but not build new ones, he said. Another MP of Vazrazhdane, Dimcho Dimchev, voiced concern that certain lines might be awarded to specific companies for indefinite profits.

Deputy Prime Minister and Transport and Communications Minister Grozdan Karadjov explained that the issue stems from errors made during the transposition of Directive 2012/34/EU establishing a single European railway. Article 10 of the Railway Transport Act violates the directive because it prohibits the delegation of essential functions by the infrastructure manager. According to Article 7 of the Directive, the infrastructure manager must be allowed to delegate some of his functions, including essential functions, to another entity, the Minister said. "We are now submitting the correct wording, which must become part of the Railway Transport Act," he said. 

Karadjov also said there are no "profitable" or "unprofitable" lines. The infrastructure receives funding from railway operators, and NRIC is the sole owner of this infrastructure.