EUROPEAN COMMISSION Brussels, 24.10.2016 COM(2016) 691 final/2 2013/0029(COD) COMMUNICATION FROM THE COMMISSION

TO THE EUROPEAN PARLIAMENT



pursuant to Article 294(6) of the Treaty on the Functioning of the European Union



concerning the position of the Council on the adoption of a Directive of the European Parliament and of the Council amending Directive 2012/34/EU establishing a single European railway area, as regards the opening of the market for domestic passenger transport services by rail and the governance of the railway infrastructure (Text with EEA relevance)



2013/0029 (COD) COMMUNICATION FROM THE COMMISSION

TO THE EUROPEAN PARLIAMENT



pursuant to Article 294(6) of the Treaty on the Functioning of the European Union



concerning the position of the Council on the adoption of a Directive of the European Parliament and of the Council amending Directive 2012/34/EU establishing a single European railway area, as regards the opening of the market for domestic passenger transport services by rail and the governance of the railway infrastructure (Text with EEA relevance) 1.Background On 30 January 2013, the Commission adopted a comprehensive package of six legislative proposals to deliver better quality and more choice in rail services in Europe. Improvements in service quality and efficiency are needed to make rail a more attractive choice for passengers and to encourage modal shift. Better value for money and sustainability can be achieved for scarce public funds. The package also aims to encourage innovation in EU railways to meet user expectations. It does this in three different and interrelated ways by: (1)opening domestic passenger markets to competition and making tendering for public service contracts compulsory; (2)strengthening the independence of infrastructure managers so that they control all the core functions of the rail network and ensuring fair access for all to the railway; (3)strengthening the role of the EU Agency for Railways by making it a ‘one stop shop’ for issuing EU-wide vehicle authorisations for placing them on the market and EU-wide safety certificates for operators. Date the proposal was sent to the European Parliament and to the Council

(document COM(2013) 29 final — 2013/0029 COD):





31 January 2013 Date of the opinion of the European Economic and Social Committee:

11 July 2013 Date of the opinion of the Committee of Regions: 8 October 2013 Date of the position of the European Parliament, first reading: 26 February 2014 Date of adoption of the position of the Council: 17 October 2016 2.Objective of the Commission proposal The general objective of the Commission proposal for a Directive of the European Parliament and of the Council amending Directive 2012/34/EU (‘the Governance Directive’) is to further develop the single European railway area by opening up domestic rail passenger markets to competition and to create a level playing field for all railway undertakings. Increased competition is expected to improve the quality of rail services and to enhance their operational efficiency, thereby improving the competitiveness and attractiveness of rail vis-à-vis other transport modes. To attain this objective, the Commission proposed new rules to strengthen the independence of infrastructure managers, prevent cross-subsidies from infrastructure management to railway operations and improve coordination between different actors in the railway market. This Commission proposal is closely linked to the proposal to amend Regulation (EC) No 1370/2007 concerning the opening of the market for domestic passenger transport services by rail. The objective of the proposed Regulation is to introduce the principle of mandatory competitive tendering for public service contracts and improve the conditions for effective tenders, for example through improved access to rolling stock. 3.Comments on the Council position The position adopted by the Council at first reading on 17 October 2016 endorses the main objectives of the Commission proposal. In particular, it provides for the opening of domestic rail passenger markets to competition and for improved governance rules on the management of infrastructure.