Brussels, 25/11/2010 (Agence Europe) - On Wednesday 24 November, the European Commission decided to reduce the scope of infringement proceedings launched against France, Portugal and Austria for failure to transpose provisions of the first railway package, which opens the European rail market up to competition. The decision comes in the wake of correcting measures brought in by the above three countries, and, in the case of France, after the setting up of an independent rail regulatory body. The Commission confirms its earlier decision to refer these matters to the EU Court of Justice but with reduced scope. Other substantive issues remain unresolved, it stresses.
France, Austria and Portugal are among 13 member states against which the Commission initiated action before the Court of Justice in June 2010 for incorrect transposition of the three directives of the first railway package. Mainly under fire was the insufficient independence of rail infrastructure managers, insufficient pricing for access to the railway or the lack of an independent railway regulatory body. Since then, France has informed the European Commission that it is to create such a body to be up and running by 1 December. It has also discarded the idea of having the state intervene in the determination of rail infrastructure charges, which will now be fixed solely by the rail infrastructure manager. However, for action before the Court to be cancelled, the French authorities must strengthen the independence of the way the infrastructure manager operates and resolve other tariff-related issues. In the case of Portugal and Austria, the Commission has taken into account the establishment of a management system based on results, which aims to minimise disturbances on the network and improve railway infrastructure use. Austria should nonetheless strengthen the independence of the infrastructure manager. Portugal must increase independence of rail companies and take measures aimed at striking a balance between the infrastructure manager's income and spending. In addition to these three countries, infringement proceedings have been initiated against Germany, Spain, Greece, Hungary, Ireland, Italy, Luxembourg, Poland, the Czech Republic and Slovenia. (A.By./transl.jl)