Romania risks infringement. EC requests to comply with road charging and rail transport directives

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In its monthly decisions, the European Commission (EC) is pursuing legal action against Member States for failing to comply with their obligations under EU law. Romania, unfortunately, is not missing from the list of countries that risk infringement.

The Brussels’ authorities have requested Romania to fulfill all the requirements of Directive 2011/76/EU on road charging for heavy goods vehicles. Under this Directive, Member States must establish or modify relevant definitions (for example, of “toll” and an “infrastructure charge”) and ensure that user charges are proportionate and that their revenues are used to recover infrastructure costs.

“A detailed examination of the Romanian national legislation revealed that the Directive has not been transposed correctly. Romania has two months to notify the Commission of measures taken to remedy this situation; otherwise, the Commission may decide to refer it to the Court of Justice of the EU,” EC notes.

Also, EU officials have requested Romania, along with other six countries (Bulgaria, the Czech Republic, Germany, Greece, Latvia, Luxembourg) to transpose Directive 2012/34/EU establishing a single European railway area.

The EU law contains the basic provisions for market opening in the railway sector. It lays down the rules for the management of infrastructure and rail transport activities, the criteria for licensing rail companies, and principles and procedures for setting and collecting infrastructure charges and for allocating infrastructure capacity as well as regulatory supervision.

According to EC, Romania has not communicated any measures so far, which were necessary to comply by June 16th, 2015. The EU sent a letter of formal notice on last year’s July. Romania still has two months to do so, otherwise, the Commission may refer to the Court of Justice of the EU also.

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