Romania failed to transpose the Directive on a single European railway area

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European Commission (EC) decided on Friday to refer Romania, along with Greece, and Luxembourg to the Court of Justice of the EU for failing to transpose into national law Directive 2012/34/EU establishing a single European railway area, a press release informs.

The Directive aims at strengthening the role of national rail regulatory bodies, in particular as regards their competence for rail facilities, such as terminals and stations. It requires Member States to base their relations with infrastructure managers on multi-annual contracts setting out mutual obligations as regards the structure of payment and the infrastructure service quality to be provided to railway undertakings.

This Directive also contains requirements for financial transparency so that railway undertakings and infrastructure managers keep and publish separate accounts and control financial flows. Member States had to bring into force the measures necessary to comply with the Directive by 16 June 2015.

“On the basis of the procedure set out in Article 260(3) of the Treaty on the Functioning of the European Union (TFEU), the Commission will request the Court of Justice to impose a daily penalty payment on Greece, Luxembourg and Romania until the law is fully transposed into national legislation. The Commission proposes daily penalty payments of EUR 30 310,80 for Greece, EUR 8 710,00 for Luxembourg and EUR 29 091,40 for Romania,” the release reads.

The penalty payment is calculated based on a formula where the seriousness factor, the duration of the infringement, the “n” factor (which varies between Member States and takes into account their Gross Domestic Products, GDP) and a flat-rate amount, which is set at EUR 670 per day, are multiplied.

The non-transposition of the Directive can fragment the internal market and hamper the coherent applications of the secondary acts adopted under it.

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