Brussels, 27/12/2001 (Agence Europe) - The Commission decided on 21 December to take four Member Stats to the Court of Justice for different infringements in the transport sector and sent Austria a letter of warning for failing to implement a decision on tolls on the Brenner motorway.
This means: Luxembourg will come before the Court a second time for not having implemented the decision of 16 December 1999 condemning it for not transposing into Luxembourg law the directive establishing the fundamental principles governing investigations into accidents and incidents in civil aviation ; Portugal and Sweden will have to answer for their non-transposition into domestic law of the directive on maritime safety, which defines a compulsory system of inspections in order to better ensure the safety of scheduled roll-on roll-off ferries and high-speed passenger vessels destined for and departing from Member States' ports. This directive enables Member States to proceed, participate or co-operate in any investigation into maritime accidents and incidents occurring within the context of these services ; - Ireland is being taken to the Court for not complying with community legislation on the technical checks of vehicles. The Member States had to comply with directive 1999/52/EC before the 1st October 2000 and Ireland had pointed out that its legislation already met de facto with the provisions of this text, but the Commission does not have in its possession any evidence proving that measures which might support this assertion have been taken.
The Commission has also decided to send Austria a letter of warning for not having modified toll charges on the Brenner motorway so as to comply with the Court's decision on 26 September 2000, deeming that Austria had failed to fulfil its obligations concerning directive 93/89/EEC by applying: - toll rates on part journeys on the Brenner motorway which are not in proportion to those levvied for the full journey ; - toll rates on the full journey are higher than warranted by the costs of the infrastructure. Since the beginning of the year 2001 new rates have been introduced on part journeys, in proportion with rates applied on the full journey. Austria has therefore complied with the Court's ruling on that point, but not on the amount of the toll charge for the full journey which is still disproportionately high. The Austrian authorities have two months to take all the required measures to implement the Court's ruling. Should they fail to do so, the Commission will be able to decide to send a reasoned opinion, then turn to the Court regarding the amount of the fine or the lump sum over and above the fine to be paid by Austria.