European Commission condemns Spain Court of Justice of the EU (CJEU) for not transposing the European directive into domestic law and not implementing it correctly single European rail zone. Brussels thinks: Spanish railway regulatory framework It violates many provisions of the directive on the management independence of the infrastructure manager, such as the determination of fees for the use of infrastructure, the management of railway companies on commercial principles and the correct preparation of contractual agreements.
Community Management initiated the infringement procedure in May 2018. The Spanish Government responded eight months later, claiming that some of the problems identified by Brussels had been resolved with the approval of a new law, while others needed some more work. The response of the European Commission, which sent a report a few months later, was inadequate. reasoned opinion – the second step in the procedure – prompted Spain to respond by announcing the adoption of new measures. This Wednesday’s decision confirms that implementation of the rule has remained incomplete.
According to the analysis of community technicians, although Spain has amended its legislation on the determination of infrastructure usage fees to meet the conditions set out in the directive, “it appears that the new system is not yet operational.” That is, the “infrastructure manager (ADIF) now has a sufficient level of independence in establishing the charging system, but the Spanish legislation contains a transitional provision that suspends the applicability of the new rules until the infrastructure manager infrastructure approves and publishes the new provisions. ” He blames Brussels.
Without deadlines or independence
The European Commission also noted that Spanish legislation does not contain provisions It was stated that ADIF obliged to implement the new system within a certain period of time and that if measures are not taken quickly, “railway access fees will be considered a tax”. actualReminding that there is a risk that the old system will continue to be implemented until 2024/2025 and railway companies will not be able to object to access fees, Brussels said, “This will be included in the next Spanish budget laws in 2024 and 2025.” piece with iron
Another element that Brussels criticizes Spain for is that the law does not clearly provide protection. independence of boards of directors infrastructure managers and the relevant railway company. “Considering the structure of the board of directors appointed by the Ministry of Transport, the right to terminate the duties of the members of the ministry and the rules regarding decision-making, the State; “It could have a decisive influence on the board’s agreements, including those affecting ticket prices,” they warn. The community analysis also sees as problematic the fact that “essential elements” are missing from the contractual agreement between the Spanish Government and infrastructure managers. The Commission notes, “Efficiency and there are no key performance indicators of the decline in access costs,” he warns.