24 June 2013

Source: European Commission RAPID

In its monthly package of infringement decisions, the European Commission is pursuing legal action against Member States for failing to comply properly with their obligations under EU law. These decisions covering many sectors aim at ensuring proper application of EU law for the benefit of citizens and businesses.

Transport: Commission refers Belgium to Court over rules on intelligent transport systems 

The European Commission has decided to take Belgium to the Court of Justice of the European Union over its failure to transpose Directive 2010/40/EU on intelligent transport systems (or “ITS”). The Commission proposes a daily fine of € 34,540.80 to be paid from the date of the Court’s affirmative ruling until Belgium notifies the Commission that it has fully implemented the rules into national law. These financial penalties are proposed by the Commission under the Lisbon Treaty and take into account the duration and the gravity of the infringement and the size of the Member State. The final decision on the penalties rests with the Court.

Directive 2010/40/EU should have been transposed into national law by all EU Member States by 27 February 2012. The rules establish a framework to support the deployment of ITS (information and communication technologies applied to transport) in the field of road transport and for interfaces with other modes of transport. The Commission adopts specifications to ensure compatibility, interoperability and continuity in the deployment and use of such services, for example, real-time warnings about dangerous road conditions ahead and information on safe and secure parking places for truck drivers. According to the directive, Member States must ensure that the specifications adopted by the Commission are applied to ITS applications and services when they are deployed.

The lack of timely transposition of the directive could undermine the effectiveness and the timely application of these specifications, and therefore jeopardise compatibility, interoperability and continuity of ITS services throughout the European Union.

Despite repeated calls by the Commission to address the situation, Belgium has so far failed to notify to the Commission its national measures necessary to comply with Directive 2010/40/EU.

Useful links

On the June infringement package decisions, see MEMO/13/583
On the general infringement procedure, see MEMO/12/12
More information on infringement procedures