Directive 2004/49/EC requires Member States to establish a safety authority, to establish an independent accident and incident investigation body, and to define common principles for the management, regulation and supervision of railway safety. The Czech Republic has failed to correctly transpose and implement Directive 2004/49/EC in the national legal order.
More specifically, the Czech legislation does not guarantee that the investigation body can start its investigation no later than one week after receipt of the report concerning the accident or incident. The Czech legislation does not ensure either that the final investigation reports are properly communicated to the relevant parties and the safety recommendations properly addressed to the safety authority.
The purpose of Directive 2004/49/EC is to ensure the development and improvement of safety on the Union's railways by, among others, harmonising the regulatory structure in the Member States, defining common principles for the management, regulation and supervision of railway safety and requiring the establishment, in every member State, of a safety authority and an accident and incident investigating body.
The time-limit for the transposition of Directive 2004/49/EC expired on 30 April 2006. The Commission initiated the infringement procedure against the Czech Republic in 2013. However, up to day the Czech Republic has failed to take the necessary legislative steps to comply with its obligations.
On the key decisions in the October 2015 infringements package, see MEMO/15/5826.
On the general infringement procedure, see MEMO/12/12.
For more information on infringement procedures.