REPORTS
transposition of the revised Road Infrastructure Safety Management Directive – infringement: INFR(2022)0060
Each Member State of the European Union must fully apply EU law. The body responsible for identifying possible violations of EU law is the European Commission. Where a Member State does not apply EU law and breaches its obligations under the EU Treaties, the European Commission may open a formal infringement procedure under Articles 258 and 260 TFEU (see details on the infringement procedure here).
In the context of European integration and cohesion as well as ensuring a high level of prosperity in the EU, the revised Directive 2019/1936 of the European Parliament and of the Council (on road infrastructure safety management), amending Directive 2008/96/EC, aims to ensure a high level of road safety in all Member States. The establishment and implementation of procedures for road safety impact assessment, road safety audits, road safety inspections and whole road network safety assessments are a key obligation incumbent on Member States. In particular, according to the rules of the above Directive, proper design, appropriate maintenance and clear road marking and signaling are procedures that can ensure road safety and can reduce the likelihood of road accidents and injuries.
All these obligations were to be transposed into national law by 17 December 2021. However, the European Commission has noted that some countries – including Greece – have not fully transposed the Directive to ensure that road infrastructure is improved. For this reason, it initially sent a “Letter of formal notice” on 27 January 2022. The problem, however, does not seem to have been resolved, leading it to take further action in 2022. As mentioned in the “July infringements package: main decisions/15-7-2022“ , in July of the same year the Commission sent a “Reasoned opinion” calling on Greece to comply with the EU rules of Directive 2019/1937. [Infringement number: INFR(2022)0060].
The application of EU law is an obligation of the Member States of the European Union.
If infringements of EU law are identified, the European Commission may take a series of actions against the Member State concerned to ensure the correct and full application of EU law by opening infringement proceedings under Articles 258 and 260 TFEU.
In this case, the European Commission sent a letter of formal notice and a reasoned opinion to Greece, asking it to comply with the provisions of Directive 2019/1936. This is because Greece is one of the countries that have not fulfilled their obligation to incorporate the rules of the Directive into national legislation in order to ensure safe road transport and travel on the national network.
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