**Avis juridique important**

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# 32004H0358

**Commission Recommendation of 7 April 2004 on the use of a common European format for licence documents issued in accordance with Council Directive 95/18/EC on the licensing of railway undertakings (notified under document number C(2004) 1279)***Official Journal L 113 , 20/04/2004 P. 0037 - 0044*

Commission Recommendation

of 7 April 2004

on the use of a common European format for licence documents issued in accordance with Council Directive 95/18/EC on the licensing of railway undertakings

(notified under document number C(2004) 1279)

(2004/358/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular Article 211, second indent, thereof,

Whereas:

(1) Article 4 of Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings(1), as amended by Directive 2001/13/EC of the European Parliament and of the Council of 26 February 2001(2), states that a licence shall be valid throughout the territory of the Community and Article 11(8) obliges Member States to inform the Commission of licences that have been issued, suspended, revoked or amended and the Commission to inform the other Member States forthwith. A common format for the licence document and communications on licences would therefore facilitate the work of the Member States and of the Commission and would provide easier access to information on licences by all interested parties, in particular the licensing authorities and the infrastructure managers.

(2) Directive 2001/13/EC extends the obligation on Member States to grant railway licences from railway undertakings providing services according to Article 10 of Council Directive 91/440/EEC of 29 July 1991 on the development of the Community's railways(3), as amended by Directive 2001/12/EC of the European Parliament and Council(4), to all relevant railway undertakings. The railway licence will hereafter consequently become more widely recognised and used within the Community.

(3) Directive 2001/12/EC provides access for licensed railway undertakings to the Trans-European Rail Freight Network for the purpose of operating international freight services as from 15 March 2003 and to the entire rail network as from 15 March 2008. Member States will increasingly exchange information on licences and carry out checks that railway undertakings exercising these access rights have a valid licence and there is therefore a need to standardise the licence document and information on licences and make them more easily available.

(4) The railway licences issued by the provisions of Directives 95/18/EC and 2001/13/EC are valid also in the European Economic Area through Decision No 118/2001 of the EEA Joint Committee of 28 September 2001 amending Annex XIII to the EEA Agreement(5). Licences issued in the European Economic Area are equally valid in the Community through the same Decision.

(5) All necessary information that confirms that an identified railway undertaking has been duly licensed for a certain type of rail transport services can be contained within a one-page standardised document. The standard format for the licence document would facilitate publication of all relevant information on licences on the website of the Commission. The standard format could be modified in the future depending on experience of its use and the development of the needs for further information on licences.

(6) However, the requirements of Article 9 of Directive 95/18/EC on insurance, or equivalent arrangements for cover for liability, can vary between Member States depending on national law and therefore proof that the railway undertaking meets these national requirements should be provided for by an annex to the licence document. In case the legal requirements on financial cover for liability make it necessary a separate annex should be added for each of the Member States where access rights are exercised by the licensed railway undertaking.

(7) In addition to the requirements of Directive 95/18/EC a Member State may impose national legal and regulatory provisions on railway undertakings, as described in Article 12 of Directive 95/18/EC. These provisions may be referred to in the licensing document, but should not be required to be communicated to the Commission in connection with the standard licence document. It should, however, be noticed in that document that they exist and they should be available on request by the Commission.

(8) The provisions of this recommendation have been submitted to The Developing European Railways Committee established by Article 11a of Directive 91/440/EEC and by Article 35 of Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification(6), as amended by Commission Decision 2002/844/EC(7). The Committee has given a positive opinion on the recommendation.

(9) Where Member States, in applying the requirements of Directive 95/18/EC, establish rules on the format of railway licences, this should be based on the standard format

(10) The licensing authority of the Member State communicates information on the issuing, suspension, revocation and amendment of rail licences to the railway undertaking concerned and the European Commission using the standard format for the licence document.

HEREBY RECOMMENDS:

1. Licence documents issued in accordance with Directive 95/18/EC should use the standard format set out in Annex I to this Recommendation.

A document should be issued in the case a particular licence is amended, suspended, revoked or replaced by a temporary licence and should be presented in the standard format.

2. The proof that a licensed railway undertaking complies with national requirements concerning insurance or has made equivalent arrangements for cover for its liabilities should be set out in an annex to the licence document, using the standard format laid down in Annex II to this Recommendation.

3. This Recommendation is addressed to the Member States.

Done at Brussels, 7 April 2004.

For the Commission

Loyola De Palacio

Vice-President

(1) OJ L 143, 27.6.1995, p. 70.

(2) OJ L 75, 15.3.2001, p. 26.

(3) OJ L 237, 24.8.1991, p. 25.

(4) OJ L 75, 15.3.2001, p. 1.

(5) OJ L 322, 6.12.2001, p. 32.

(6) OJ L 75, 15.3.2001, p. 29.

(7) OJ L 289, 26.10.2002, p. 30.

ANNEX I

Standard format for railway licence

The standard format for the railway licence document and the explanations and instructions that are necessary for the user of the form are laid out on the following pages.

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>PIC FILE= "L_2004113EN.004101.TIF">

ANNEX II

Standard format for insurance annex to railway licence

The standard format for the annex to the railway licence document and the explanations and instructions that are necessary for the user of the form are laid out on the following pages.

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