The European Commission has decided to refer Poland to the Court of Justice of the EU for failure to fully transpose European rules on rail safety. The decision was taken because Poland failed to transpose and implement correctly Directive 2004/49/EC on the European Community’s railway safety.
The Directive 2004/49/EC requires member states to establish an independent safety authority, an independent accident and incident investigation body, and to define common principles for the management, regulation and supervision of railway safety. Poland has failed to transpose and implement fully the Directive at national level.
More specifically, Polish legislation does not guarantee that the investigation of serious accidents and incidents is performed by the independent investigating body and Poland is also failing to ensure the independence of the safety authority.
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