A formal request for correspondence between the European Commission and Maltese authorities justifying its different public transport fares for Maltese ID card holders and EU citizens has been rejected.

European Transport Commissioner Siim Kallas turned down the request by British Conservative MEP Ashley Fox insisting it was not the Commission’s policy to publish correspondence between member states and the EU Executive.

Mr Fox asked for a copy of the letter sent by the Maltese authorities in response to questions raised recently by the Commission.

The Commission acknowledged Malta had replied to its preliminary questions and its investigation into the matter was still ongoing. Mr Kallas admitted that, despite eight months of investigations, the Commission had yet to reach a final conclusion on whether Arriva’s fares structure was in line with EU rules.

A similar reply was given to Irish Socialist MEP Linda McAvan who demanded a conclusion to what she said could be “a case of discrimination against EU citizens”.

Despite mounting pressure to give a clear reply, Mr Kallas would only say more time was needed.

Revealing that talks with Malta continued, he said the Commission was still unable to express its opinion before a final analysis, which included fresh information, was made.

“The Commission’s intention is to ensure the bus fare scheme is non-discriminatory and proportionate according to the principles of the Treaty and the European Court of Justice case law,” he said.

When announced a year ago, the tariff system immediately raised eyebrows in Brussels as it could potentially discriminate between EU citizens, which is prohibited under EU law.

According to this fare structure, those who do not hold a Maltese ID card – including tourists who happen to be EU citizens – have to pay an extra 40 per cent to use the same public transport system offered.

Following various complaints, the Commission last November announced it would investigate to determine whether Arriva’s pricing policy was discriminatory. However, Brussels has so far refrained from issuing an infringement against Malta, saying it was still awaiting further information from the Maltese authorities.

The government has always rejected any discrimination claims. It defends the new fares saying they are fully justified because they only distinguish between residents and non-residents, independently of their nationality, something that was allowed under EU rules.

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