A4-0293/96

Proposal for a Council Directive amending Directive 91/440/EEC on the development of the Community's railways (COM(95)0337 - C4-0555/95 - 95/0205(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 3

>Original text>

Whereas the application to the railways sector of the principle of freedom to provide services needs to take account of the specific characteristics of the sector and to be applied by stages;

>Text following EP vote>

Whereas the application to the railways sector of the principle of freedom to provide services needs to take account of the specific characteristics of the sector and to take place by stages; and whereas the principle must be applied uniformly as the Directive is implemented by the Member States, in order to avoid distortions of competition in and between the Member States;

(Amendment 2)

Recital 5a (new)

>Text following EP vote>

Whereas independent management, the opening up of access rights and the redressing of the financial situation of railway undertakings are integral requirements for the successful introduction of the freedom to provide rail services; whereas in particular the varying and inadequate regulation of measures to write off debt in most Member States may distort competition when freedom to provide services is introduced between existing railway undertakings and between them and new railway undertakings;

(Amendment 3)

Recital 5b (new)

>Text following EP vote>

Whereas the railways' competitive situation is structurally imbalanced towards other modes of transport; whereas the Member States must therefore develop Community rules for all modes of transport, leading to the internalization of external costs (accidents, congestion and the environment), proper respect for working time and the harmonization of indirect taxation;

(Amendment 4)

Recital 5c (new)

>Text following EP vote>

Whereas, in order to ensure fair conditions of competition for railway traffic between the Member States, the Commission shall, even before Section III of Council Directive 95/19/EC1 is implemented, ensure that, as laid down by Article 8 of Directive 91/440/EEC, infrastructure operators do actually charge for the use of infrastructure, on the basis of objective criteria uniform throughout the Community and of the cost of providing it;

1 OJ L 143, 27.6.1995, p. 75.

(Amendment 5)

Recital 6

>Original text>

Whereas freight transport offers considerable opportunities for the creation of new transport services and the improvement of existing ones;

>Text following EP vote>

Whereas freight transport offers considerable opportunities for the creation of new transport services and the improvement of existing ones; whereas these opportunities can be fully exploited only if the individual modes of transport are charged the costs they cause;

(Amendment 6)

Recital 9

>Original text>

Whereas, in the process of liberalization, it is necessary to take account of the contribution of transport services to the internal cohesion of national economies;

>Text following EP vote>

Whereas, in the process of liberalization, it is necessary to take account of the contribution of transport services, in particular the socio-economic role of regional rail transport, to the internal cohesion of national economies;

(Amendment 7)

ARTICLE 1(-1) (new)

Article 9(1) and (2), first subparagraph (Directive 91/440/EEC)

>Text following EP vote>

-1. Article 9(1) and (2), first subparagraph, is replaced by the following:

>Text following EP vote>

"1. By the time the Directive is transposed, Member States shall, in conjunction with the existing publicly owned or controlled railway undertakings, set up appropriate mechanisms to help reduce the indebtedness of such undertakings to a level which does not impede sound financial management and to improve their financial situation.

>Text following EP vote>

1a. Subject to Articles 77, 92 and 93 of the Treaty, the Member States shall also take the action required to ensure that the railway undertakings have the customary own capital resources.

>Text following EP vote>

2. Member States shall lay down the necessary measures requiring a separate debt amortization unit to be set up within the accounting departments of such undertakings.¨

(Amendment 9)

ARTICLE 1(1)

Article 10(1), introduction (Directive 91/440/EEC)

>Original text>

1. Railway undertakings within the scope of Article 2 shall be granted access and transit rights to the infrastructure in their Member State of establishment and in other Member States on equitable conditions, for the purpose of operating:

>Text following EP vote>

1. Railway undertakings within the scope of Article 2 shall be granted access and transit rights to the infrastructure in their Member State of establishment and in other Member States on equitable, transparent and non-discriminatory conditions, for the purpose of operating:

(Amendment 8)

ARTICLE 1(1)

Article 10(2a) (new) and (2b) (new) (Directive 91/440/EEC)

>Text following EP vote>

2a. In respect of VAT on cross-border passenger transport and other fiscal provisions of the internal market such as duty-free sales, the Member States shall, by 1 January 2000, ensure that railways are at no disadvantage to other modes of transport offering similar services.

>Text following EP vote>

2b. The implementation of the provisions of this Article shall be furthered by substantial progress on interoperability in cross-border freight and passenger traffic and the production of common safety standards. To this end the Commission shall, by 1 January 1998, submit a report to the European Parliament and the Council on projects to be carried out.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive amending Directive 91/440/EEC on the development of the Community's railways (COM(95)0337 - C4-0555/95 - 95/0205(SYN))

(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(95)0337 - 95/0205(SYN) ((OJ C 321, 1.12.1995, p. 10.)),

- having been consulted by the Council pursuant to Articles 189c and 75 of the EC Treaty (C4-0555/95),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Transport and Tourism (A4- 0293/96),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

4. Calls for the conciliation procedure to be opened should the Council intend to depart from the text approved by Parliament;

5. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

6. Instructs its President to forward this opinion to the Council and Commission.