OPINION OF THE COMMISSION pursuant to Article 251 (2) (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Directive 91/440/EEC on the development of the Community's railways AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the EC Treaty

1. historical background of the proposal

On 22nd July 1998 the Commission adopted a proposal [1] for a Council directive amending Directive 91/440/EEC on the development of the Community's railways [2].

[1] COM(1998) 480 final 22.7.1998.

[2] Council Directive 91/440/EEC of 29 July 1991; O.J. L237, 24.08.1991, p. 25.

On 29th September 1998, the Commission submitted this proposal to the Council [1998/0265 (COD)]. The purpose of the proposal was to clarify the separation of accounts between infrastructure management and transport services, to introduce the separation of accounts between passenger and freight transport services, and to ensure that a regulatory function that determines access to railway infrastructure is carried out by bodies or undertakings that do not provide rail transport services themselves. The proposal also clarified the role of the State in providing railway infrastructure.

At its plenary session of 10th March 1999, the European Parliament approved the proposal subject to amendments. After the entry into force of the Amsterdam Treaty on 1st May 1999, the Parliament had to re-approve its first reading. The European Parliament finally approved the Commission's proposal at its plenary session on 15th September 1999.

The Economic and Social Committee and the Committee of the Regions adopted their opinions on 26th May 1999 [3] and 18th November 1999 [4] respectively.

[3] OJ C 209, 22.7.1999, p. 22.

[4] OJ C 057, 29.2.2000, p. 40

On 25th November 1999 the Commission adopted an amended proposal following the first reading of the European Parliament.

At its session on 9th and 10th December 1999 the Council reached a political agreement on the proposal in view of the adoption of a Common Position.

At its session on 28th March 2000 the Council adopted the Common Position [5], which was presented to the European Parliament during its plenary session on 13th April 2000.

[5] OJ C , p. .

At its plenary session on 5th July 2000 the Parliament approved the common position subject to amendments.

2. Background of the Commission's proposals

Note: The proposal dealt with in this Communication forms part of the so-called "infrastructure package" consisting of a proposal [6] for a Council directive amending Directive 91/440/EEC on the development of the Community's railways [7] this Communication deals with, a Council directive amending Directive 95/18/EC on the licensing of railway undertakings [8] and the proposal for a Council Directive on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification.

[6] COM(1998) 480 final 22.7.1998.

[7] Council Directive 91/440/EEC of 29 July 1991; OJ L237, 24.8.1991, p. 25.

[8] OJ L 143, 27.6.1995, p. 70.

The Commission originally only intended to clarify the legal situation as regards the separation between activities relating to infrastructure management and those activities relating to transport operations. However, as far as market opening is concerned the Commission has made a proposal in 1995 [9].

[9] Proposal for a Council Directive amending Directive 91/440/EEC on the development, of the Communitys railways, COM(1995)337 final.

3. Modifications introduced into the text in relation to the common position adopted by the Council [10]

[10] Numbering and order of amendments follows document A5-173/2000 (EP minutes of 5/7/2000, provisional edition).

3.1. Rejected Amendments

3.1.1. Access rights and opening of the market Amendments 25 (Recital 5), 26 (Recital 13a, new), 12 (Article 1 (11) referring to article 10 (3)), 15 (Article 1 (11) referring to article 10 (6b) new) and 16 (Article 1 (11) referring to article 10 (6c) new)

The Commission always tried to make clear that one of the final goals of its transport policy is to finalise the internal market, also in the rail transport sector. The Commission recognises that it depends on the transport services offered whether a co-operation between railway undertakings is needed to deliver a proper service to customers or whether competition between railway undertakings helps to render services needed more customer-orientated.

The Commission is of the opinion that the compromise found at the Council by way of the definition of the Trans-European Rail Freight Network (TERFN) with its multitude of elements (ports, maps, feeder and deviation lines etc.) represents a considerable step forward. It also recognises the political effort linked to this for some Member States.

The Commission welcomes the fact that the European Parliament shares the Commission's view as regards the final goal. However, the Commission wishes to secure the compromise found by Council. Therefore, it considers appropriate to pursue market opening through TERFN.

The Commission therefore rejects the amendments concerned.

3.1.2. Derogations for various Member States Amendments 4 (Recital 13) and 18 (Article 1 (17) referring to article 14a)

The Commission agrees with the European Parliament that the principle "one law for everybody" should be applied as much as possible but finds the derogations proposed well balanced and proportionate. The Commission wishes to underline that the derogations are limited in time.

The Commission therefore rejects the amendments concerned.

3.1.3. Overseeing the fulfilment of public service obligations Amendment 19 (Annex II, 4th indent (new))

The Commission deems that a mixture between the oversight of the fulfilment of public service obligations and the prime objective of directive 91/440/EEC, which is to revitalise the Community's railways is something which should be avoided and therefore rejects amendment 19.

3.2. Accepted amendments

The Commission accepts amendments 3 (Recital 10), 9 (Article 1 (7) referring to article 6 (5)), 11 (Article 1 (8) referring to article 7 (5)), 13 (Article 1 (11) referring to article 10 (4), first subparagraph), 14 (Article 1 (11) referring to article 10 (6a) new), 17 (Article 1 (13) referring to section V a) and particularly welcomes amendment 8 (Article 1 (7) referring to article 6 (4)).

4. Conclusion

Under the terms of Article 250(2) of the EC Treaty, the Commission amends its proposal according to the above.