The Commission said in a press release that it had asked Romania to bring all its national rules in line with Directive 2004/49/EC on railway safety. It also said its request concerns the independence of the safety authority and the investigating body.
The legislation should have been in place since April 2006. The Commission opened infringement proceedings against Romania on the matter in February 2013. A reasoned opinion (the second stage in EU infringement proceedings) has been sent Thursday, October 16, 2014 and Romania has two months to reply to the Commission. “If Romania fails to react satisfactorily, the Commission may refer the matter to the European Court of Justice,” according to the press release.
EU legislation aims at developing a common approach to railway safety so that all EU rail networks demonstrate consistent high safety levels and EU citizens travel safely on them. The establishment of safety requirements on the rail system includes safe management of infrastructure and traffic operation, roles and responsibilities of railway undertakings and infrastructure managers as well as their interaction. In addition, a common safety regulatory framework, regulation, management, supervision of safety and independent investigations of accidents have to be assured.
Another infringement proceeding against Romania refers to the discriminatory tax treatment of foreign legal entities.
The Commission has requested Romania to amend its rules on the taxation of interest income because they restrict the free provision of services and the free movement of capital in the EU single market. Currently, resident legal entities can deduct the business expenses related to generating interest income. This results only their net income being taxed. However, legal entities established in another EU/EEA State and without a permanent establishment in Romania cannot benefit from such a deduction, and are taxed more heavily on their gross interest income obtained directly from Romania. The Commission sees no valid justification for this different tax treatment, and considers it to be discriminatory and a restriction on the free movement of services. Therefore, it has asked Romania to amend its rules to bring them into line with EU law. The request is in the form of a Reasoned Opinion. In the absence of a satisfactory response within two months, the Commission may refer Romania to the Court of Justice of the European Union, the press release also reads.
Moreover, the Commission has sent formal requests to Lithuania, Portugal, Romania and Slovenia for notification regarding full enactment of the Alternative Investment Fund Managers Directive (2011/61/EU). This Directive lays down comprehensive and effective regulatory and supervisory rules for managers of alternative investment schemes that are addressed to professional investors. The harmonized European standards for alternative investment fund managers (AIFM) have the objective of enhancing the transparency of the activities of AIFM and the funds they manage towards investors and public authorities.
However, so far, the four above-mentioned countries have not fully turned this Directive into national law, despite being required to do so by July 22, 2013. Today’s requests take the form of reasoned opinions – the second stage of the infringement procedure. These countries have two months to inform the Commission of the measures taken to fully enact Directive 2011/61/EU. Failure to notify adequate measures could lead to the Commission referring the cases to the EU Court of Justice, according to the press release.