Brussels, 30/01/2009 (Agence Europe) - The European Commission decided, on Thursday 29 January, to send reasoned opinions for failure to comply with Community transport legislation. Estonia, Latvia and France could find themselves before the Court of Justice for unsatisfactory transposition of the directive on port state control of shipping. Greece was reprimanded for its failure to comply with European rules on freedom of establishment for operators in the road transport sector, and Germany has infringed European legislation by refusing to register a glider which had been awarded a type-certificate issued by the European Aviation Safety Agency (EASA).
On Thursday 29 January, the European Commission sent a reasoned opinion to Greece for its failure to comply with European rules on freedom of establishment for operators in the road transport sector. The Commission found that access to road transport activities in Greece is being refused to newcomers without considering the individual situation and financial capacity of the applicant undertakings. Furthermore, the Commission holds that the obligation to charge fixed tariffs dissuades foreign operators from acceding to the road haulage and to the petrol marketing sectors. The Commission also considers that it impedes the ones already established from further developing their business. France, Latvia and Estonia have been called on to properly implement the directive on control by the port state which establishes common criteria for control of ships and harmonizes procedures on inspection and detention (see EUROPE 7869). On the basis of the findings by the European Maritime Safety Agency, the Commission noted that the most common irregularities concerned failure by member states to apply sanctions for breaching the national implementing measures and failure to charge full re-inspection costs to ship-owners and operators or their representatives. A reasoned opinion was sent to each of the three states. Germany, too, was sent a reasoned opinion for not recognising a type-certificate issued by EASA, when member states are obliged to accept, without further technical requirements or evaluation, these certificates. In this case, when requested to register on its territory a glider aircraft with auxiliary engine, Germany placed additional noise requirements beyond those defined by EASA. If any of the five member states fails to amend its legislation, its case could be referred to the Court of Justice. (A.By./transl.rt)