# CE2010184EN.01035401.xml

| 8.7.2010 | EN | Official Journal of the European Union | CE 184/354 |
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8.7.2010

EN

Official Journal of the European Union

CE 184/354

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Thursday 23 April 2009European rail network for competitive freight ***I

P6_TA(2009)0285

European Parliament legislative resolution of 23 April 2009 on the proposal for a regulation of the European Parliament and of the Council concerning a European rail network for competitive freight (COM(2008)0852 – C6-0509/2008 – 2008/0247(COD))

2010/C 184 E/72

(Codecision procedure: first reading)

The European Parliament,

The European Parliament

having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0852),

having regard to Article 251(2) and Article 71(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0509/2008),

having regard to Rule 51 of its Rules of Procedure,

having regard to the report of the Committee on Transport and Tourism (A6-0220/2009),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and Commission.

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Thursday 23 April 2009P6_TC1-COD(2008)0247

Position of the European Parliament adopted at first reading on 23 April 2009 with a view to the adoption of Regulation (EC) No .../2009 of the European Parliament and of the Council concerning a European rail network for competitive freight

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71(1) thereof,

Having regard to the proposal from the Commission ║,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

| (1) | Within the framework of the Lisbon Strategy for growth and employment and the sustainable development strategy of the Community, the creation of an internal rail market, in particular with regard to freight transport, is an essential factor in making progress towards sustainable mobility. |
| --- | --- |

(1)

Within the framework of the Lisbon Strategy for growth and employment and the sustainable development strategy of the Community, the creation of an internal rail market, in particular with regard to freight transport, is an essential factor in making progress towards sustainable mobility.

| (2) | 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 ║ (4) has been an important step in the creation of the internal rail market. |
| --- | --- |

(2)

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 ║ (4) has been an important step in the creation of the internal rail market.

| (3) | In order to be competitive with other modes of transport, international and national rail freight services, which have been opened up to competition since 1 January 2007, must be able to benefit from a good-quality railway infrastructure, that is one which allows freight transport services to be provided in good conditions in terms of commercial speed and journey times and to be reliable, that is to say that the service it provides actually corresponds to the contractual agreements entered into with the railway undertakings. |
| --- | --- |

(3)

In order to be competitive with other modes of transport, international and national rail freight services, which have been opened up to competition since 1 January 2007, must be able to benefit from a good-quality railway infrastructure, that is one which allows freight transport services to be provided in good conditions in terms of commercial speed and journey times and to be reliable, that is to say that the service it provides actually corresponds to the contractual agreements entered into with the railway undertakings.

| (4) | Although liberalisation of rail freight traffic has made it possible for new operators to enter the network, market mechanisms are not sufficient to organise, regulate and secure rail freight traffic. Optimisation and ensuring its reliability imply in particular strengthening procedures for cooperation and allocation of the train paths between infrastructure managers. |
| --- | --- |

(4)

Although liberalisation of rail freight traffic has made it possible for new operators to enter the network, market mechanisms are not sufficient to organise, regulate and secure rail freight traffic. Optimisation and ensuring its reliability imply in particular strengthening procedures for cooperation and allocation of the train paths between infrastructure managers.

| (5) | The Council ║, meeting on 7 ║ April 2008, concluded that the efficient use of infrastructure must be promoted and that, if necessary, railway infrastructure capacities must be improved by means of measures taken at European and national level, and in particular by means of legislative texts. |
| --- | --- |

(5)

The Council ║, meeting on 7 ║ April 2008, concluded that the efficient use of infrastructure must be promoted and that, if necessary, railway infrastructure capacities must be improved by means of measures taken at European and national level, and in particular by means of legislative texts.

| (6) | In this context, the creation of a European rail network for competitive freight on which freight trains can run in good conditions and easily pass from one national network to another would allow improvements in the conditions of use of the infrastructure. |
| --- | --- |

(6)

In this context, the creation of a European rail network for competitive freight on which freight trains can run in good conditions and easily pass from one national network to another would allow improvements in the conditions of use of the infrastructure.

| (7) | In order to put in place a European rail network for competitive freight, the initiatives already taken in terms of railway infrastructure show that the creation of international corridors, which meet specific needs in one or more clearly identified segments of the freight market, is the most appropriate method. |
| --- | --- |

(7)

In order to put in place a European rail network for competitive freight, the initiatives already taken in terms of railway infrastructure show that the creation of international corridors, which meet specific needs in one or more clearly identified segments of the freight market, is the most appropriate method.

| (8) | The
  European
  rail network for competitive freight should be set up in a manner consistent with the Trans-European Transport Network (‘TEN-T’)
  and the European Railway Traffic Management System (‘ERTMS’) corridors
  . To that end, the coordinated development of the ▐ networks is necessary, and in particular the integration of the international corridors for rail freight into the existing TEN-T
  and the ERTMS corridors
  . Furthermore,
  harmonising
  rules relating to these freight corridors should be established at Community level. If necessary, the creation of these corridors
  should
  be supported financially within the framework of the TEN-T
  , research and Marco Polo programmes, and other Community policies and funds, such as the Cohesion Fund
  . |
| --- | --- |

(8)

The
  European
  rail network for competitive freight should be set up in a manner consistent with the Trans-European Transport Network (‘TEN-T’)
  and the European Railway Traffic Management System (‘ERTMS’) corridors
  . To that end, the coordinated development of the ▐ networks is necessary, and in particular the integration of the international corridors for rail freight into the existing TEN-T
  and the ERTMS corridors
  . Furthermore,
  harmonising
  rules relating to these freight corridors should be established at Community level. If necessary, the creation of these corridors
  should
  be supported financially within the framework of the TEN-T
  , research and Marco Polo programmes, and other Community policies and funds, such as the Cohesion Fund
  .

| (9) | The creation of a freight corridor should take into account the particular importance of the planned extension of the TEN-T network to the European Neighbourhood Policy countries with a view to ensuring better interconnections with the rail infrastructure of third countries. |
| --- | --- |

(9)

The creation of a freight corridor should take into account the particular importance of the planned extension of the TEN-T network to the European Neighbourhood Policy countries with a view to ensuring better interconnections with the rail infrastructure of third countries.

| (10) | Within the framework of a freight corridor, good coordination between the Member States and the infrastructure managers concerned should be ensured,
  better and
  sufficient
  facilitation
  given to rail freight traffic, effective and adequate links to other modes of transport set up
  in order to develop an efficient and integrated freight transport network,
  and conditions created which are favourable to the development of competition between rail freight service providers. |
| --- | --- |

(10)

Within the framework of a freight corridor, good coordination between the Member States and the infrastructure managers concerned should be ensured,
  better and
  sufficient
  facilitation
  given to rail freight traffic, effective and adequate links to other modes of transport set up
  in order to develop an efficient and integrated freight transport network,
  and conditions created which are favourable to the development of competition between rail freight service providers.

| (11) | The creation of a freight corridor should be
  based on proposals made by Member States in consultation with the infrastructure managers. In the second phase it should be
  approved at
  European
  level in accordance with a clearly-defined and transparent procedure
  . The
  criteria
  for the creation of freight corridors should be defined in a way adapted to the specific needs of the
  Member States and
  of the
  infrastructure managers
  that allows them
  sufficient decision-making and management scope ▐. |
| --- | --- |

(11)

The creation of a freight corridor should be
  based on proposals made by Member States in consultation with the infrastructure managers. In the second phase it should be
  approved at
  European
  level in accordance with a clearly-defined and transparent procedure
  . The
  criteria
  for the creation of freight corridors should be defined in a way adapted to the specific needs of the
  Member States and
  of the
  infrastructure managers
  that allows them
  sufficient decision-making and management scope ▐.

| (12) | In order to stimulate coordination between the Member States, infrastructure managers
  and railway undertakings
  , each freight corridor should be supported by a governance body comprised of the various infrastructure managers who are involved with the freight corridor. |
| --- | --- |

(12)

In order to stimulate coordination between the Member States, infrastructure managers
  and railway undertakings
  , each freight corridor should be supported by a governance body comprised of the various infrastructure managers who are involved with the freight corridor.

| (13) | In order to meet market needs, the methods for creating a freight corridor should be presented in an implementation plan which should include identifying and setting a schedule for measures which would improve the performance of rail freight. Furthermore, to ensure that planned or implemented measures for the creation of a freight corridor meet the needs or expectations of
  the market, all user railway undertakings
  must be regularly consulted in accordance with
  appropriate
  procedures
  defined by the governance body
  . |
| --- | --- |

(13)

In order to meet market needs, the methods for creating a freight corridor should be presented in an implementation plan which should include identifying and setting a schedule for measures which would improve the performance of rail freight. Furthermore, to ensure that planned or implemented measures for the creation of a freight corridor meet the needs or expectations of
  the market, all user railway undertakings
  must be regularly consulted in accordance with
  appropriate
  procedures
  defined by the governance body
  .

| (14) | In order to guarantee the consistency and continuity of the infrastructure capacities available along the freight corridor, investment in the freight corridor should be coordinated between Member States, ▐ the infrastructure managers
  and the railway undertakings
  concerned,
  as well as, if applicable, between Member States and third countries,
  and planned in a way which meets the needs of the freight corridor. The schedule for carrying out the investment should be published to ensure that
  railway undertakings that
  may operate in the corridor are well-informed. The investment should include projects relating to the development of interoperable systems and the increase in capacity of the trains. |
| --- | --- |

(14)

In order to guarantee the consistency and continuity of the infrastructure capacities available along the freight corridor, investment in the freight corridor should be coordinated between Member States, ▐ the infrastructure managers
  and the railway undertakings
  concerned,
  as well as, if applicable, between Member States and third countries,
  and planned in a way which meets the needs of the freight corridor. The schedule for carrying out the investment should be published to ensure that
  railway undertakings that
  may operate in the corridor are well-informed. The investment should include projects relating to the development of interoperable systems and the increase in capacity of the trains.

| (15) | For the same reasons, heavy maintenance work, which very often has a significant impact on railway infrastructure capacity, should also be coordinated at the level of the freight corridor and be the subject of updated publications. |
| --- | --- |

(15)

For the same reasons, heavy maintenance work, which very often has a significant impact on railway infrastructure capacity, should also be coordinated at the level of the freight corridor and be the subject of updated publications.

| (16) | The putting in place of infrastructure and systems for the development of intermodal freight transport services is also necessary to encourage the development of rail freight in the Community. |
| --- | --- |

(16)

The putting in place of infrastructure and systems for the development of intermodal freight transport services is also necessary to encourage the development of rail freight in the Community.

| (17) | The Member States concerned and the competent national safety authorities on the freight corridor may conclude agreements concerning the mutual recognition of vehicles on the one hand, and train drivers on the other hand. The safety authorities of the Member States involved with the freight corridor should cooperate in order to guarantee the implementation of these agreements. |
| --- | --- |

(17)

The Member States concerned and the competent national safety authorities on the freight corridor may conclude agreements concerning the mutual recognition of vehicles on the one hand, and train drivers on the other hand. The safety authorities of the Member States involved with the freight corridor should cooperate in order to guarantee the implementation of these agreements.

| (18) | In order to facilitate requests for infrastructure capacities for international rail freight services, it is appropriate to set up a one-stop shop for each freight corridor. For this existing initiatives should be built upon, in particular those undertaken by RailNetEurope, a body which acts as a coordination tool for the infrastructure managers and provides a number of services to international freight undertakings. |
| --- | --- |

(18)

In order to facilitate requests for infrastructure capacities for international rail freight services, it is appropriate to set up a one-stop shop for each freight corridor. For this existing initiatives should be built upon, in particular those undertaken by RailNetEurope, a body which acts as a coordination tool for the infrastructure managers and provides a number of services to international freight undertakings.

| (19) | In view of the different programming schedules for timetables for the different types of traffic, it should be ensured that the requests for infrastructure capacity for freight traffic are
  compatible with the
  requests for passenger transport, particularly in regard to their respective socio-economic values. Fees for using the infrastructure should vary according to the quality and reliability of the train path allocated. |
| --- | --- |

(19)

In view of the different programming schedules for timetables for the different types of traffic, it should be ensured that the requests for infrastructure capacity for freight traffic are
  compatible with the
  requests for passenger transport, particularly in regard to their respective socio-economic values. Fees for using the infrastructure should vary according to the quality and reliability of the train path allocated.

| (20) | Trains carrying goods which are very sensitive in terms of ▐ journey time and punctuality
  , as defined by the governance body,
  should be able to enjoy sufficient priority if there are traffic problems. |
| --- | --- |

(20)

Trains carrying goods which are very sensitive in terms of ▐ journey time and punctuality
  , as defined by the governance body,
  should be able to enjoy sufficient priority if there are traffic problems.

| (21) | To guarantee the development of competition between suppliers of rail freight services in the freight corridor, ▐ applicants other than railway undertakings or their groupings
  should be able
  to request infrastructure capacity. |
| --- | --- |

(21)

To guarantee the development of competition between suppliers of rail freight services in the freight corridor, ▐ applicants other than railway undertakings or their groupings
  should be able
  to request infrastructure capacity.

| (22) | In order to optimise the management of the freight corridor and guarantee a better flow and performance of the international rail freight services, it is necessary to ensure efficient coordination between the regulatory bodies over the different networks covered by the freight corridor. To ensure that the railway infrastructure is better used, the management of that infrastructure and the strategic terminals along the freight corridor needs to be coordinated. |
| --- | --- |

(22)

In order to optimise the management of the freight corridor and guarantee a better flow and performance of the international rail freight services, it is necessary to ensure efficient coordination between the regulatory bodies over the different networks covered by the freight corridor. To ensure that the railway infrastructure is better used, the management of that infrastructure and the strategic terminals along the freight corridor needs to be coordinated.

| (23) | To facilitate access to information concerning the use of all the main infrastructure in the freight corridor and to guarantee non-discriminatory access to it, it seems advisable to supply all the international rail freight service providers with a reference document containing all this information. |
| --- | --- |

(23)

To facilitate access to information concerning the use of all the main infrastructure in the freight corridor and to guarantee non-discriminatory access to it, it seems advisable to supply all the international rail freight service providers with a reference document containing all this information.

| (24) | In order to objectively measure the benefits of the measures aimed at the creation of the freight corridor and to guarantee efficient monitoring of such measures, performance indicators for the service along the freight corridor should be introduced and published regularly.
  The definition of performance indicators should be formulated in consultation with the stakeholders providing and using rail freight services.


  ▐ |
| --- | --- |

(24)

In order to objectively measure the benefits of the measures aimed at the creation of the freight corridor and to guarantee efficient monitoring of such measures, performance indicators for the service along the freight corridor should be introduced and published regularly.
  The definition of performance indicators should be formulated in consultation with the stakeholders providing and using rail freight services.

▐

| (25) | Since the objective of this Regulation, namely the creation of a European rail network for competitive freight made up of freight corridors, cannot be adequately achieved by the Member States alone and can therefore by reason of the scale or effects be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. |
| --- | --- |

(25)

Since the objective of this Regulation, namely the creation of a European rail network for competitive freight made up of freight corridors, cannot be adequately achieved by the Member States alone and can therefore by reason of the scale or effects be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

| (26) | Fair rules based on cooperation between the infrastructure managers who must provide a quality service to freight undertakings within the framework of an international railway corridor, should be introduced in respect of the coordination of investment and the management of capacities and traffic. |
| --- | --- |

(26)

Fair rules based on cooperation between the infrastructure managers who must provide a quality service to freight undertakings within the framework of an international railway corridor, should be introduced in respect of the coordination of investment and the management of capacities and traffic.

| (27) | The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5). |
| --- | --- |

(27)

The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5).

| (28) | In particular, the Commission should be empowered to lay down the conditions and criteria necessary for the implementation of this Regulation. Since those measures are of general scope and are designed to amend non-essential elements of this Regulation by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny laid down in Article 5a of Decision 1999/468/EC. |
| --- | --- |

(28)

In particular, the Commission should be empowered to lay down the conditions and criteria necessary for the implementation of this Regulation. Since those measures are of general scope and are designed to amend non-essential elements of this Regulation by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny laid down in Article 5a of Decision 1999/468/EC.

| (29) | The aim of this Regulation is to improve the efficiency of rail freight transport relative to other modes of transport, but this objective should be pursued also through political actions and the financial involvement of the Member States and the European Union. Coordination should be ensured at the highest level between Member States in order to guarantee the most efficient functioning of freight corridors. Financial commitment in infrastructure and in technical equipment like ERTMS should aim at increasing rail freight capacity and efficiency in parallel with the aim of this Regulation, |
| --- | --- |

(29)

The aim of this Regulation is to improve the efficiency of rail freight transport relative to other modes of transport, but this objective should be pursued also through political actions and the financial involvement of the Member States and the European Union. Coordination should be ensured at the highest level between Member States in order to guarantee the most efficient functioning of freight corridors. Financial commitment in infrastructure and in technical equipment like ERTMS should aim at increasing rail freight capacity and efficiency in parallel with the aim of this Regulation,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL

Article 1

Purpose and scope

1.   This Regulation lays down the rules for the creation and organisation of the European rail network for competitive freight
  in
  international rail corridors for competitive freight (║ ‘freight corridors’). It sets out the rules for the selection and organisation of freight corridors and
  cooperative
  principles relating to investment planning, and capacity and traffic management.

2.   This Regulation applies to the management and use of railway infrastructure for domestic and international rail services, apart from:

| a) | stand-alone local and regional networks for passenger services using the railway infrastructure,
  except where the services operate on part of a freight corridor
  ; |
| --- | --- |

a)

stand-alone local and regional networks for passenger services using the railway infrastructure,
  except where the services operate on part of a freight corridor
  ;

| b) | networks intended only for the operation of urban or suburban passenger services; |
| --- | --- |

b)

networks intended only for the operation of urban or suburban passenger services;

| c) | regional networks which are used for regional freight transport services solely by a railway undertaking that is not covered by Council Directive 91/440/EEC of 29 July 1991 on the development of the Community’s railways
   (6) until capacity on that network is requested by another applicant; |
| --- | --- |

c)

regional networks which are used for regional freight transport services solely by a railway undertaking that is not covered by Council Directive 91/440/EEC of 29 July 1991 on the development of the Community’s railways
   (6) until capacity on that network is requested by another applicant;

| d) | privately-owned railway infrastructure that exists solely for use by the infrastructure owner for their own freight operations. |
| --- | --- |

d)

privately-owned railway infrastructure that exists solely for use by the infrastructure owner for their own freight operations.

Article 2

Definitions

1.   For the purposes of this Regulation, the definitions laid down in Article 2 of Directive 2001/14/EC shall apply.

2.   In addition to the definitions referred to in paragraph 1:

| a) | ‘freight corridor’ shall mean all of the railway lines created on the territory of Member States and, where necessary, third European countries linking
  two
  or more strategic terminals, including a principal axis, alternative routes and paths linking them, and railway infrastructure and its equipment in the freight terminals, marshalling yards and train formation facilities,
  as well as
  branch lines to the latter,
  including all rail related services as set out in Annex II to Directive 2001/14/EC
  ; |
| --- | --- |

a)

‘freight corridor’ shall mean all of the railway lines created on the territory of Member States and, where necessary, third European countries linking
  two
  or more strategic terminals, including a principal axis, alternative routes and paths linking them, and railway infrastructure and its equipment in the freight terminals, marshalling yards and train formation facilities,
  as well as
  branch lines to the latter,
  including all rail related services as set out in Annex II to Directive 2001/14/EC
  ;

| b) | ‘implementation plan’ shall mean the document presenting the strategy, measures and means that the parties concerned intend to implement in order to develop over a specified period the measures which are necessary and sufficient to create the freight corridor; |
| --- | --- |

b)

‘implementation plan’ shall mean the document presenting the strategy, measures and means that the parties concerned intend to implement in order to develop over a specified period the measures which are necessary and sufficient to create the freight corridor;

| c) | ‘heavy maintenance work’ shall mean any intervention or repair to the railway infrastructure and its equipment
  , planned at least one year in advance,
  which is necessary for running the trains along the freight corridor and involving reservations on the capacities for the infrastructure in accordance with Article 28 of Directive 2001/14/EC; |
| --- | --- |

c)

‘heavy maintenance work’ shall mean any intervention or repair to the railway infrastructure and its equipment
  , planned at least one year in advance,
  which is necessary for running the trains along the freight corridor and involving reservations on the capacities for the infrastructure in accordance with Article 28 of Directive 2001/14/EC;

| d) | ‘terminal’ shall mean the installation provided along the freight corridor which has been especially arranged to allow either the loading and/or the unloading of goods onto/from freight trains, and the integration of rail freight services with road, maritime, river and air services, and either the forming or modification of the composition of freight trains; |
| --- | --- |

d)

‘terminal’ shall mean the installation provided along the freight corridor which has been especially arranged to allow either the loading and/or the unloading of goods onto/from freight trains, and the integration of rail freight services with road, maritime, river and air services, and either the forming or modification of the composition of freight trains;

| e) | ‘strategic terminal’ shall mean the terminal of the freight corridor which is open to all the applicants and which
  already
  plays
  , or is scheduled to play,
  an important role in the rail transport of freight along the freight corridor; |
| --- | --- |

e)

‘strategic terminal’ shall mean the terminal of the freight corridor which is open to all the applicants and which
  already
  plays
  , or is scheduled to play,
  an important role in the rail transport of freight along the freight corridor;

| f) | ‘one-stop shop’ shall mean the joint entity set up by
  each
  infrastructure
  manager
  of the freight corridor which offers applicants the opportunity to request ▐ a train path for a journey crossing at least one border. |
| --- | --- |

f)

‘one-stop shop’ shall mean the joint entity set up by
  each
  infrastructure
  manager
  of the freight corridor which offers applicants the opportunity to request ▐ a train path for a journey crossing at least one border.

CHAPTER II

DESIGN AND GOVERNANCE OF THE EUROPEAN RAIL NETWORK FOR COMPETITIVE FREIGHT

Article 3

Selection of freight corridors

1.   The freight corridor shall
  link at least two Member States and
  allow international and national rail freight services to be operated. ▐ It shall have the following characteristics:

| a) | it shall be part of
  , or at least compatible with,
  the TEN-T
  or, where applicable, with the ERTMS corridors. If necessary, certain sections not included in the TEN-T, with high or potentially high volumes of freight traffic, may also form part of the corridor; |
| --- | --- |

a)

it shall be part of
  , or at least compatible with,
  the TEN-T
  or, where applicable, with the ERTMS corridors. If necessary, certain sections not included in the TEN-T, with high or potentially high volumes of freight traffic, may also form part of the corridor;

| b) | it shall allow significant development of rail freight traffic
  and take account of major trade flows and goods traffic
  ; |
| --- | --- |

b)

it shall allow significant development of rail freight traffic
  and take account of major trade flows and goods traffic
  ;

| c) | it shall be justified on the basis of a socio-economic analysis. This shall include the impact on those parts of the transport system where the allocation of infrastructure capacity in the freight corridor significantly affects freight and passenger traffic. It shall also include an analysis of the major effects in terms of external costs; |
| --- | --- |

c)

it shall be justified on the basis of a socio-economic analysis. This shall include the impact on those parts of the transport system where the allocation of infrastructure capacity in the freight corridor significantly affects freight and passenger traffic. It shall also include an analysis of the major effects in terms of external costs;

| d) | it shall allow better interconnections between border Member States and neighbouring third countries; |
| --- | --- |

d)

it shall allow better interconnections between border Member States and neighbouring third countries;

| e) | it shall be supported by an implementation plan. |
| --- | --- |

e)

it shall be supported by an implementation plan.

2.   The creation or modification of a freight corridor shall be
  decided
  by the Member States concerned
  , after
  they
  have notified
  the Commission
  of their intentions, accompanied by
  a proposal drawn up with the infrastructure managers concerned
  and
  taking into account
  the initiatives and opinions of railway undertakings that use the corridor or are interested in doing so and
  the criteria set out in the Annex.
  Interested railway undertakings may participate in the process, whenever substantial investments concern them.

3.   The freight corridors shall be created in accordance with the following procedure:

| a) | at the latest ...... (7), the territory of each Member State which has at least two
  direct rail links
  with other Member States must allow at least one proposal for a freight corridor; |
| --- | --- |

a)

at the latest ...... (7), the territory of each Member State which has at least two
  direct rail links
  with other Member States must allow at least one proposal for a freight corridor;

| b) | at the latest ... (8), the territory of each Member State must allow at least ▐ one freight corridor
  .▐ |
| --- | --- |

b)

at the latest ... (8), the territory of each Member State must allow at least ▐ one freight corridor

.▐

4.   The Commission shall
  note
  the proposals for the creation of the freight corridors referred to in paragraph 2 and
  shall examine their consistency with the assessment criteria set out in the Annex. It may state objections or propose modifications in line with what it considers appropriate.

5.   The freight corridor may contain elements of the rail networks of European third countries. Where applicable, these elements must be compatible with the TEN-T policy.

▐

6.   Where difficulties arise between two or more Member States regarding the creation or modification of a freight corridor, and with regard to the railway infrastructure located on their territory, the Commission, at the request of one of the Member States concerned, shall consult the committee referred to in Article 18 on this matter. The opinion of the committee shall be sent to the Member States concerned. The Member States concerned shall take this opinion into account in order to find a solution.

7.   Measures aimed at adapting the Annex, which are measures with a general scope and the objective of amending non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(3).

Article 4

Governance of freight corridors

1.   The Member States affected by a freight corridor shall cooperate to ensure the development of the freight corridor in accordance with its implementation plan. They shall define the general objectives for the freight corridor and ensure that the implementation plan is in line with these objectives.

2.   For each freight corridor the infrastructure managers concerned ║ shall create a governance body responsible for defining and steering the performance and updating of the implementation plan for the freight corridor.
  The interested railway undertakings or groupings of railway undertakings using the corridor regularly participate in this body on a consultative basis.
  The governance body shall make regular reports on its activity to the Member States concerned and, where necessary, to the
  Commission and the
  European coordinators of the TEN-T priority projects involved in the freight corridor referred to in Article 17a of Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network
   (9).

3.
     
  The Member States concerned may set up an executive board responsible for authorising the corridor implementation plan by the governance body and supervising its execution. In that case, the individual members of the executive board shall be mandated by the competent authorities of the Member States.

4.   The governance body shall be an independent legal entity. It may take the form of a European economic interest grouping within the meaning of Council Regulation (EEC) No 2137/85 (10) and shall enjoy the status of such a grouping.

5.   The members of the governance body shall appoint its director, whose term of office shall be at least three years.

6.   A working group made up of managers and owners of the strategic terminals of the freight corridor,
  including sea and inland waterway ports,
  referred to in Article 9, shall be set up. It may issue an opinion on any proposal by the governance body which has direct consequences for investment and the management of strategic terminals. The governance body may not take any decision contrary to that opinion.

Article 5

Measures for implementing the freight corridor

1.   The implementation plan, approved
  and regularly adjusted
  by the governance body, shall include
  at least
  :

| a) | a description of the characteristics of the freight corridor
  , including potential bottlenecks,
  and the implementation programme for the measures necessary for
  facilitating its creation
  ; |
| --- | --- |

a)

a description of the characteristics of the freight corridor
  , including potential bottlenecks,
  and the implementation programme for the measures necessary for
  facilitating its creation
  ;

| b) | the essential elements of the market study referred to in paragraph 2; |
| --- | --- |

b)

the essential elements of the market study referred to in paragraph 2;

| c) | the objectives of the governance body
  and its programme for improvement
  of performance of the freight corridor ▐ in accordance with the provisions referred to in Article 16. |
| --- | --- |

c)

the objectives of the governance body
  and its programme for improvement
  of performance of the freight corridor ▐ in accordance with the provisions referred to in Article 16.

▐

2.   A market study shall be carried out
  and periodically updated,
  relating to the observed and expected changes in the traffic in the freight corridor and those parts of the transport system which are connected to it
  , with a view to developing or adapting, if necessary, its implementation plan
  . It shall examine changes in the different types of traffic
  and
  include the main features of the socio-economic analysis referred to in Article 3(1)(c), as well as the possible scenarios as regards costs and benefits and the long-term financial impact
  .

3.   A programme shall be drawn up for creating and improving performance in the freight corridor. In particular this programme shall include the common objectives, the technical choices and the schedule for necessary measures in respect of the railway infrastructure and its equipment in order to implement all of the measures referred to in Articles 7 to 16.
  These measures shall avoid or minimise any restrictions affecting rail capacity.

Article 6

Consulting applicants

1.   The governance body shall introduce consultation mechanisms with a view to the proper participation of the applicants likely to use the freight corridor ║.

2.   Applicants for the use of the freight corridor
  , including rail freight operators, passenger operators, shippers, forwarders and their representative bodies,
  shall be consulted by the governance body before the implementation plan is approved and when it is updated. In the event of a disagreement between the governance body and the applicants, the latter may
  refer the matter to the regulatory bodies referred to in Article 17
  .

CHAPTER III

INVESTMENT IN THE FREIGHT CORRIDOR

Article 7

Investment planning

1.   The governance body shall draw up and approve:

| a) | a long-term joint investment plan for infrastructure in the freight corridor, that is for at least the next 10 years; |
| --- | --- |

a)

a long-term joint investment plan for infrastructure in the freight corridor, that is for at least the next 10 years;

| b) | if necessary, a medium-term joint investment plan (at least two years) in the freight corridor. |
| --- | --- |

b)

if necessary, a medium-term joint investment plan (at least two years) in the freight corridor.

The investment plans shall list the projects planned for the extension, renewal or redeployment of railway infrastructure and its equipment along the corridor, the relevant financial requirements
  and sources of funding.

2.   The investment plans referred to in paragraph 1 ║ shall include a strategy relating to the deployment of interoperable systems along the freight corridor which satisfies the essential requirements and the technical specifications for interoperability which apply to the rail networks as defined in Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community (recast)
   (11). This strategy shall be based on a cost-benefit analysis of the use of these systems. It must be consistent with national and European plans for the deployment of interoperable systems, in particular with the deployment plan for the ║ERTMS
  , as well as with cross-border interconnections and interoperable systems with third countries, where applicable
  .

3.   Where applicable, investment plans shall refer to the Community contribution envisaged under the TEN-T programme
  or any other policies, funds or programmes,
  and prove that their strategy is consistent with
  them
  .

4.   The investment plans referred to in paragraph 1 shall ▐ include a strategy for the growth of the capacity of freight trains which may run in the freight corridor
  , namely, for removing the identified bottlenecks, upgrading existing infrastructure and building new infrastructure
  . The strategy may
  include measures to increase
  the length,
  track
  gauge
  , loading gauge, speed management, load hauled
  or axle load authorised for the trains running in the freight corridor.

5.   The investment plans referred to paragraph 1 ║ shall be published in the document referred to in Article 15 and updated regularly. They shall form part of the implementation plan for the freight corridor.

Article 8

Coordination of works

The infrastructure managers in the freight corridor shall coordinate
  , in accordance with an appropriate manner and timeframe and in line with their respective contractual agreements as referred to in Article 6 of Directive 2001/14/EC,
  their schedule for carrying out
  all the works
  on the infrastructure and its equipment
  that would restrict available capacity on the network.

Article 9

Strategic terminals

1.   In agreement with the working group referred to in Article 4(6), the governance body shall draw up
  an integrated
  strategy for the development of strategic terminals to enable them to meet the needs of rail freight running on the freight corridor
  , in particular as intermodal hubs along the freight corridors. This shall include co-operation with regional, local and national authorities; the sourcing of land to develop rail freight terminals and facilitating access to funds in order to encourage such developments. The governance body shall ensure that sufficient terminals are created in strategic locations, based on the expected volume of traffic.

2.   The governance body shall take appropriate measures to carry out this strategy. It shall revise it regularly.

CHAPTER IV

MANAGEMENT OF THE FREIGHT CORRIDOR

Article 10

One-stop shop for requests for international train paths

1.   The governance body shall put in place a one-stop shop
  to reply to
  requests for train paths for freight trains crossing at least one border along the freight corridor
  or using several networks
  .

2.   
  Individual infrastructure managers of a freight corridor may be assigned to function as the front office of the one-stop shop for the applicants requesting train paths.

3.   The regulatory bodies involved, as referred to in Article 17 ║, shall ensure that the activities of the one-stop shop are carried out under transparent and non-discriminatory conditions.

Article 11

Standard categories of train paths in the freight corridors

1.   The governance body shall define
  and periodically update
  the standard categories of freight
  train paths
  , which shall be valid throughout the freight corridor. At least one of these categories shall include
  , among these categories of paths, a train path with
  an efficient transport time and guaranteed punctuality (‘facilitated freight’).

2.   The criteria defining the standard categories of freight traffic shall be adopted
  by the governance body after consultation of the applicants likely to use the freight corridor
  .

Article 12

Train paths allocated to freight trains

1.   
  In addition to the cases referred to in
  Article 20(2) of Directive 2001/14/EC, the infrastructure managers
  concerned
  shall maintain a reserve of capacity
  , on the basis of the evaluation of market needs for capacity reserve. The infrastructure managers shall publish the working timetable of the train path needed to meet the requirements of international facilitated
  freight traffic for the coming financial year, prior to the annual exercise to define the working timetable referred to in Article 18 of Directive 2001/14/EC and using as a basis the freight traffic observed and the market study referred to in Article 5(2).

2.   The infrastructure managers shall keep
  , following the preliminary evaluation of the appropriate need to constitute a reserve of capacity for ad hoc requests, such
  a reserve
  , whilst guaranteeing a sufficient level of quality of the allocated train path for journey time and timetables adapted for international facilitated freight traffic,
  within the final working timetable to allow them to respond quickly and appropriately to ad hoc requests for capacity as referred to in Article 23 of Directive 2001/14/EC. ▐

▐

3.   Save in the case of force majeure, a train path allocated to a
  facilitated
  freight operation
  pursuant to this Article
  may not be cancelled less than
  one month
  before its working timetable if the applicant concerned does not give their approval for such cancellation.
  The applicant may refer the matter to the regulatory body. As referred to in Article 27 of Directive 2001/14/EC, infrastructure managers may specify in their network statement conditions whereby they shall take account of previous levels of utilisation of facilitated freight train paths in determining priorities for the allocation process
  .

4.   Infrastructure managers in the freight corridor and the working group referred to in Article 4(6) shall put in place procedures to ensure optimal coordination of the allocation of
  the
  capacity
  in line with this Article, taking into account access to the
  strategic
  terminals,
  as referred to in Article 9.

5.
     
  Infrastructure managers shall include in their conditions of use a fee for paths that are allocated but ultimately not used. The level of this fee shall be appropriate, dissuasive and effective.

Article 13

Authorised applicants

Notwithstanding Article 16(1) of Directive 2001/14/EC, applicants other than railway undertakings and the international groupings that they make up, may request train paths for freight transport where the latter concern
  several
  sections of the freight corridor.

Article 14

Traffic management

1.   
  Following a proposal of the governance body of the freight corridor as well as respecting the principles and plans referred to in paragraph 2, the
  infrastructure managers of the freight corridor shall draw up and publish the rules of priority between the different types of
  train paths, in particular on the train paths allocated to delayed trains,
  in the event of traffic disruption
  for each part of
  the freight corridor in the network statement referred to in Article 3 of and Annex I to Directive 2001/14/EC.

2.   The rules of priority referred to in paragraph 1 ║ must at least provide,
  with the exception of peak hours when this paragraph does not apply,
  that the train path allocated to a
  facilitated
  freight train complying with the initial provisions for its train path
  shall be respected as far as possible or at least minimise overall delays while focusing on facilitated freight train delays. The governance body shall, in conjunction with applicants, develop and publish:

| a) | train regulation principles that shall ensure that facilitated freight trains receive the best treatment possible regarding the allocation of the reduced capacity; |
| --- | --- |

a)

train regulation principles that shall ensure that facilitated freight trains receive the best treatment possible regarding the allocation of the reduced capacity;

| b) | contingency plans in case of disruption on the corridor that are based on these principles. |
| --- | --- |

b)

contingency plans in case of disruption on the corridor that are based on these principles.

Each Member State through the infrastructure manager shall define the peak hours in the network statement. Peak hours shall apply only to working days and shall be limited to a maximum of 3 hours in the morning and to a maximum of 3 hours in the afternoon. In defining the peak hours regional and long distance passenger traffic shall be considered.

3.   The infrastructure managers of the freight corridor shall put in place procedures for coordinating traffic management along the freight corridor.

4.   Infrastructure managers for the freight corridor and the working group referred to in Article 4(6) shall put in place procedures to ensure optimal coordination between the operation of the railway infrastructure and the strategic terminals referred to in Article 9.

Article 15

Information on the conditions of use of the freight corridor

The governance body shall draw up and publish a document containing:

| a) | all the information contained in the network statement for national networks regarding the freight corridor, drawn up in accordance with the procedure set out in Article 3 of Directive 2001/14/EC; |
| --- | --- |

a)

all the information contained in the network statement for national networks regarding the freight corridor, drawn up in accordance with the procedure set out in Article 3 of Directive 2001/14/EC;

| b) | the list and characteristics of strategic terminals and all information concerning the conditions and methods of accessing the strategic terminals. |
| --- | --- |

b)

the list and characteristics of strategic terminals and all information concerning the conditions and methods of accessing the strategic terminals.

Article 16

Quality of service in the freight corridor

1.   The infrastructure managers for the freight corridor shall ensure consistency between the performance schemes along the freight corridor, as referred to in Article 11 of Directive 2001/14/EC.
  This consistency shall be overseen by the regulatory bodies, which shall cooperate with regard to this oversight in accordance with Article 17(1).

2.   In order to measure the quality of the service and the capacity for international and national rail freight services in the freight corridor, the governance body shall
  consult applicants likely to use the corridors and users of rail freight services on
  the performance indicators in the freight corridor.
  After this consultation, the governance body shall define
  and publish them at least once a year.

▐

Article 17

Regulatory bodies

1.   The regulatory bodies referred to in Article 30 of Directive 2001/14/EC which are responsible for the freight corridor shall cooperate to supervise the international activities of the infrastructure managers and applicants in the freight corridor. They shall consult each other and exchange information. Where necessary, they shall request the necessary information from infrastructure managers in the Member State for which they are responsible.
  Infrastructure managers and other third parties involved in international capacity allocation are obliged to provide the regulatory bodies concerned without delay with all the information that is needed on the international train paths and capacity they are responsible for.

2.   In the event of a complaint from an applicant regarding international rail freight services, or within the framework of a routine enquiry, the regulatory body concerned shall consult the regulatory body of any other Member State on the territory of which the freight corridor concerned passes and
  ask it for
  the necessary information ▐ before taking its decision. The other regulatory bodies shall provide all the information that they themselves have the right to request under their national legislation. Where necessary, the regulatory body receiving the complaint or having initiated the routine enquiry shall transfer the file to the regulatory body responsible in order to take measures regarding the parties concerned
  in accordance with the procedure established in Article 30(5) and (6) of Directive 2001/14/EC
  .

CHAPTER V

FINAL PROVISIONS

Article 18

Committee

1.   The Commission shall be assisted by a Committee.

2.   Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

▐

3.   Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

▐

Article 19

Derogation

Where applicable, a Member State may derogate from the provisions of this Regulation. In order to do so, it shall send a substantiated request for derogation to the Commission. The Commission shall adopt a decision on that request, in accordance with the consultation procedure referred to in Article 18(2), taking into consideration the geographical situation and the development of rail freight transport services in the Member State which has requested derogation.

Article 20

Monitoring implementation

The Member States concerned shall submit to the Commission, every two years from the time of creation of the freight corridor, a report showing the results of their cooperation as referred to in Article 4(1). The Commission shall analyse this report and notify the committee referred to in Article 18 of its analysis.

Article 21

Report

The Commission shall periodically examine the application of this Regulation. It shall draw up a report for the European Parliament and the Council, initially within ... (12), and subsequently every three years.

Article 22

Review

If, where the TEN-T guidelines are reviewed in accordance with the procedures referred to in Article 18(3) of Decision No 1692/96/EC, the Commission concludes that it is appropriate to adapt this Regulation to those guidelines, it shall present to the European Parliament and the Council a proposal on amending this Regulation accordingly.
  Similarly, certain decisions taken under this Regulation may entail the need to revise the TEN-T guidelines.

Article 23

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ║,

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C [...], [...], p. [...].

1

(2)  OJ C [...], [...], p. [...].

2

(3)  Position of the European Parliament of 23 April 2009.

3

Position

23 April 2009

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

4

(5)  
  OJ L 184, 17.7.1999, p. 23.

5

OJ L 184, 17.7.1999, p. 23.

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

6

(7)  One year after the entry into force of this Regulation.

7

One year after the entry into force of this Regulation.

(8)  Three years after the entry into force of this Regulation.

8

Three years after the entry into force of this Regulation.

(9)  
  OJ L 228, 9.9.1996, p. 1.

9

OJ L 228, 9.9.1996, p. 1.

(10)  OJ L 199, 31.7.1985, p. 1.

10

(11)  
  OJ L 191, 18.7.2008, p. 1.

11

OJ L 191, 18.7.2008, p. 1.

(12)  Five years of the entry into force of this Regulation.

12

Five years of the entry into force of this Regulation.

Thursday 23 April 2009ANNEX

Criteria for assessing proposals for the creation of a freight corridor

The selection of freight corridors referred to in Article 3, and the updating of the rail network for competitive freight shall be carried out in accordance with the following criteria:

| (a) | there must be a letter of intent from the Member States concerned confirming their wish to create the freight corridor;
  ▐ |
| --- | --- |

(a)

there must be a letter of intent from the Member States concerned confirming their wish to create the freight corridor;

▐

| (b) | where the itinerary for the freight corridor coincides with a section (or part of a section) of one or more priority TEN-T projects (1), this must be integrated into the freight corridor, unless it is dedicated to the passenger transport service; |
| --- | --- |

(b)

where the itinerary for the freight corridor coincides with a section (or part of a section) of one or more priority TEN-T projects (1), this must be integrated into the freight corridor, unless it is dedicated to the passenger transport service;

| (c) | the freight corridor whose creation is proposed must cross the territory of at least three Member States or at least two Member States if the distance between the railway terminals served by the freight corridor proposed is greater than 500 kilometres; |
| --- | --- |

(c)

the freight corridor whose creation is proposed must cross the territory of at least three Member States or at least two Member States if the distance between the railway terminals served by the freight corridor proposed is greater than 500 kilometres;

| (d) | the economic feasibility and the socio-economic benefits of the freight corridor; |
| --- | --- |

(d)

the economic feasibility and the socio-economic benefits of the freight corridor;

| (e) | the consistency of all of the freight corridors proposed by the Member States in order to set up a European rail network for competitive freight; |
| --- | --- |

(e)

the consistency of all of the freight corridors proposed by the Member States in order to set up a European rail network for competitive freight;

| (f) | consistency with existing European rail networks such as the ERTMS corridors and the corridors defined by RailNetEurope; |
| --- | --- |

(f)

consistency with existing European rail networks such as the ERTMS corridors and the corridors defined by RailNetEurope;

| (g) | the existence of good interconnections with other modes of transport, in particular thanks to an adequate network of strategic terminals, including in the maritime and inland ports; |
| --- | --- |

(g)

the existence of good interconnections with other modes of transport, in particular thanks to an adequate network of strategic terminals, including in the maritime and inland ports;

| (h) | the approach proposed to implement the provisions referred to in Articles 4 to 16. |
| --- | --- |

(h)

the approach proposed to implement the provisions referred to in Articles 4 to 16.

---

(1)  See Annex III to Decision No 1692/96/EC.

---