14. 2. 90 Official Journal of the European Communities No C 34/13 
execution of a contract, the matter is to be referred to 
an arbitration panel designated by both parties. 
During the period of examination by the panel the 
service shall be maintained. In reaching its findings 
the panel shall notably take into account: 
— the general public interest, 
— the special characteristics of the service, 
— that the proper costs of the service have to be met. 
The conclusions of the panel, to be reached within 
three months, shall be binding on both parties. 
6. The undertaking shall be entitled to compen­
sation in accordance with the procedures laid down in 
section IV for the period prior to the conclusion of 
the contract. 
7. By 31 May each year the Member States are to 
provide the Commission with information regarding 
the public service contracts in the previous year, in 
particular: 
— a synopsis of the contents of new contracts and 
amendments, 
— the findings of the panels referred to in para­
graph 5, 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 75 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the functioning of the internal market means 
that the efficiency of the transport infrastructure between 
the regions of the Community must be reinforced and 
increased, in particular by means of a high speed train 
network to carry persons and, where appropriate, 
freight; — an overall evaluation of the contracts that have 
expired. 
The Member States shall provide, at the 
Commission's request, any further information on the 
conditions, operations and results of public service 
contracts.'; 
5. Article 19 is replaced by the following: 
'Article 19 
1. This Regulation shall apply to railway under­
takings falling within the scope of the Council 
Directive on the development of the Community 
railways (1). 
2. As regards other transport undertakings this 
Regulation shall not apply to undertakings mainly 
providing transport services of a local or regional 
character.' 
Article 2 
This Regulation shall enter into force on 1 January 1992. 
(l) See the proposal for a Council Directive on page 8 of this 
Official Journal. 
Whereas the Commission submitted to the Council in 
1986 a report entitled 'Towards a European high speed 
rail network (')'; whereas the European Parliament has 
supported Community action in this sector (2); whereas 
the community of European railways presented at the 
beginning of 1989 a 'proposal for a European high speed 
network'; 
Whereas the current saturation of airspace and of 
numerous road axes is worrying and any increase in air 
and road capacity would require heavy investment; 
Whereas the Community must give priority to the devel­
opment of technologies that are environmentally 
friendly; 
Whereas the rail infrastructure meets this requirement 
and would benefit from the development of high speed 
techniques; 
O COM(86) 341 final. 
O Starita report PE 109.323. Proposal for a Council Decision concerning the establishing of a network of high speed trains 
COM(89) 564 final 
(Submitted by the Commission on 1 December 1989) 
(90/C 34/08) 
No C 34/14 Official Journal of the European Communities 14. 2. 90 
Whereas the measures taken within each Member State 
must be incorporated into a coordinated Community 
programme, where a level of compatibility is ensured to 
guarantee the optimum movement of rolling stock; 
whereas the conditions are to be created to allow the 
Community to contribute to the financing of the 
network as laid down in Council regulations relating to 
support for transport infrastructure; 
Whereas the definition of this programme and the 
harmonization of technical standards is therefore urgent; 
Whereas the coordination necessary for the programme 
and the other actions proposed requires close colla­
boration between the Member States and that such coor­
dination should be undertaken in the framework of a 
committee to be set up by the Commission, 
HAS ADOPTED THE FOLLOWING DECISION: 
Article 1 
The Community's high speed rail links shall be 
developed within a European network that will 
guarantee to its users a high quality service. On the 
sections where this is possible, the network will also be 
open to high speed goods transport. 
Article 2 
1. The European high speed rail network, which is to 
be closely linked to existing rail links, will include high 
speed lines together with the lines required for 
connections and extensions. 
2. High speed lines consist of those which permit 
speeds of more than 200 kilometres hour on new lines 
and of more than 160 kilometres per hour on existing 
lines that have been improved. 
Article 3 
1. The Commision shall establish a committee to 
undertake the work necessary for the development of the 
network referred to in Article 2. It shall consist of two 
representatives of each Member State and other qualified 
persons nominated by the Commission. The committee 
shall be chaired by the Commission which shall provide 
the secretariat. 
2. If necessary the committee may invite the represen­
tatives of non-member countries involved in the devel­
opment of the network. 
Article 4 
1. Not later than 31 December 1990 the Council shall 
lay down, in accordance with the procedure set out 
pursuant to Article 75 of the EEC Treaty, on the one 
hand, the form of the future high speed rail network, 
and on the other hand, the timetable for the next 15 
years for the axes to be given priority for completion. 
2. During the process of development of this 
Community plan, a sufficient level of compatibility of infrastructure and equipment for the different parts of 
the network shall be laid down so as to guarantee the 
optimal movement of rolling stock. The Council shall 
approve, on the basis of the procedure set out in Article 
75 of the EEC Treaty, any directives necessary for the 
technical harmonization of the network. 
Article 5 
1. The Member States shall work together within the 
committee established by Article 3, to undertake the 
actions set out in Article 4. 
2. In good time before their final adoption the 
Member States shall communicate to the Commission 
their high speed train and infrastructure projects, 
including their principle characteristics and the 
Commission shall inform the other Member States 
thereof. 
3. If within one month after the communication 
referred to in paragraph 2 a Member State so requests, 
or at the initiative of the Commission, the information 
will be the subject of joint consideration by the 
committee referred to in Article 3. Requests are to set 
out the grounds on which they are based and should 
state, notably, any possible restrictions to the operations 
or to the coherence of the network. 
4. The Member State responsible for a project which 
is to be examined shall not finally adopt it or start work 
within six months of the date of the communication 
referred to in paragraph 2, in order to permit an 
agreement within the committee to remove all possible 
obstacles to the operation and coherence of the network 
established by Article 1. 
5. The period referred to in paragraph 4 shall be 12 
months if the Commission, in the three months which 
follow the date of the communication referred to in 
paragraph 2, states that it has the intention to propose a 
directive on the matter as provided for pursuant to 
Article 4 (2). 
Article 6 
1. The Member States shall take any measures 
necessary to ensure that the consultation procedure 
functions adequately and, in particular, to protect where 
necessary, the confidential nature of information given 
to them in this context. 
2. The consultation procedure set up pursuant to this 
Decision shall not affect the competence of the 
committees that already exist and, in particular, of the 
consultative and technical committees such as the Infra­
structure Committee set up by Council Decision 
78/174/EEC 0). 
Article 7 
This Decision is addressed to the Member States. 
(*) OJ No L 54, 25. 2. 1978, p. 16.