Proposal for a Council Directive relating to the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (COM(98)0480 - C4-0563/98 - 98/0267(SYN))

The proposal was approved with the following amendments:

(Amendment 3)

Recital 7

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(7) Whereas there are a small but growing number of undertakings seeking to make use of the Community's rail infrastructure;

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(7)

Whereas an efficient freight sector, especially across borders, requires a cautious opening up of the market;

(Amendment 4)

Recital 7a (new)

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(7a) Whereas the gradual opening-up of rail transport markets must be accompanied by technical harmonisation measures, which should be introduced as quickly and efficiently as possible;

(Amendment 5)

Recital 8

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(8) Whereas it is desirable for purchasers of railway services to be able to enter the capacity-allocation process direct;

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(8)

Whereas, in the case of cross-border freight transport, the interests of customers will be best respected by means of greater competition or cooperation between authorised railway undertakings, resulting in competition which does not damage social rights and which maintains the same safety standards;

(Amendment 6)

Recital 8a (new)

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(8a) Whereas the revitalisation of European railways by means of greater competition between European railway undertakings requires fair competitive conditions between rail and road, particularly by taking appropriate account of the different external effects;

(Amendment 7)

Article 2(h)

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(h) 'infrastructure manager' means any body or undertaking that is responsible for establishing and maintaining railway infrastructure;

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(h)

'infrastructure manager' means any body or undertaking that is responsible for establishing and maintaining railway infrastructure. This may include operating the control and safety systems;

(Amendment 8)

Article 2(i)

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(i) 'network` means the entire railway infrastructure owned and managed by an infrastructure manager;

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(i)

'network` means the entire railway infrastructure owned and/or managed by an infrastructure manager;

(Amendment 9)

Article 4(1)

>Original text>

1. Member States may establish a charging framework while respecting the managerial independence laid down in Article 7 of Directive 91/440/EEC. The establishing of specific charging rules, the determination of charges for the use of infrastructure and the collection of those charges shall be performed by the infrastructure manager.

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1.

Member States shall establish a charging framework while respecting the managerial independence laid down in Article 7 of Directive 91/440/EEC. The establishing of specific charging rules, the determination of charges for the use of infrastructure and the collection of those charges shall be performed by the infrastructure manager.

(Amendment 10)

Article 4(1a) (new)

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1a. Member States may also confer responsibility for establishing specific charging rules and collecting infrastructure charges to the regulatory body set up under Article 33. In such cases there shall be a separate, independent appeal body, which shall be subject to the deadline for dealing with complaints laid down in Article 33.

(Amendment 11)

Article 5(1)

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1. Railway undertakings shall be entitled to the package of services that are described in the Annex as the minimum access package as well as those of the services described in the Annex as access services which are required.

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1.

Railway undertakings shall be entitled to the package of services that are described in the Annex as the minimum access package as well as those of the services described in the Annex as access services which are required. If the services are not offered by the same infrastructure manager, the railway undertakings shall conclude contracts with all the infrastructure managers or service providers. The provider of the 'main infrastructure' shall help to provide these services.

(Amendment 12)

Article 8(3)

>Original text>

3. Without prejudice to paragraph 5, the infrastructure charge for the use of railway infrastructure, which comprises the minimum access package and any of the access services required, shall be set at the cost that is directly incurred as a result of the operations of the train.

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3.

Without prejudice to paragraph 5, the infrastructure charge for the use of railway infrastructure, which comprises the minimum access package and any of the access services required, shall be set at the cost that is directly incurred as a result of the operations of the train. The charge may include a modest rate of return which is reasonable in proportion to the total amount.

(Amendment 13)

Article 8(5)

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5. The infrastructure charge may be modified by a charge to take account of the cost of the external effects arising from the operation of the train. Such a charge shall be differentiated as a function of the magnitude of the effect caused. The level of these charges shall be based on a published methodology on which railway undertakings that are either using or may wish to use the infrastructure have been consulted. In the absence of any comparable level of charging of external costs in other, competing modes of transport, any such charges shall result in no overall change in revenue to the infrastructure manager. In situations where the incorporation of an external charge component leads to additional revenue, it is for Member States to decide how the revenue shall be used.

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5.

The infrastructure charge may be modified by a charge to take account of the cost of the external effects arising from the operation of the train. If such a charge leads to additional revenue, it is for Member States to decide how the revenue shall be used. However, a charge may be made for external costs only if competing modes of transport are required to pay a similar amount in charges for such costs.

(Amendment 14)

Article 9

>Original text>

1. In exceptional circumstances and for specific projects, charging arrangements for the use of infrastructure or improvements to existing infrastructure may be based on the long-run additional costs arising from the investment made, including a reasonable rate of return. Charges may only be set on this basis on the condition that the infrastructure manager demonstrates to the regulatory body that:

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1. The infrastructure manager may, on the basis of the long-term additional costs of investment projects, set charges going beyond those set pursuant to Article 8 if it demonstrates to the regulatory body that specific investment projects which would increase efficiency and/or cost effectiveness could not otherwise be undertaken.

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(a) the investment required would not otherwise have been made; and

(b) the investment and the charging scheme together result in an improvement in economic efficiency.

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Such a charging arrangement may also incorporate agreements on the sharing of the risk associated with new investments, particularly between infrastructure managers and authorised applicants, including railway undertakings.

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2. Member States should in principle seek to ensure that any service which is able to pay at least the cost which it gives rise to, is not prevented by the charging scheme from utilising infrastructure capacity. Where a charging body wishes to recover a higher level of costs than that permitted by Article 8(3), (4) and (5), then it may only do so, for services other than freight, by imposing additional charges following one of the sets of rules laid down in paragraphs 3, 4 and 5.

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2.

Member States should in principle seek to ensure that any service which is able to pay at least the cost which it gives rise to, is not prevented by the charging scheme from utilising infrastructure capacity. Where a charging body wishes to recover a higher level of costs than that permitted by Article 8, this may only be on a non-discriminatory basis. This may apply only to passenger transport; for freight transport a higher charge than that permitted may only be made if freight transport can bear it in terms of intermodal competitiveness.

>Original text>

3. A fixed charge may be levied on the railway undertaking making greatest use of an element of infrastructure and a system of fixed and variable charges levied on other railway undertakings. For this purpose, the network may be divided into elements; each element of the infrastructure shall be no less than 1 000 kilometres in length. The charge shall be based upon, and shall not exceed, the costs which are associated with the infrastructure element but which are not covered by the charges set out in Article 8(3). Where a fixed charge is levied, the charging body shall ensure that, when performing an equivalent service at the same time in the same market, other railway undertakings shall not face an average charge or a charge for running an additional service either of which is more than 10 % greater than that which is paid by the railway undertaking making the greatest use of the element.

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4. Charges may be increased and modulated through negotiation in relation to the elasticity of demand for different services or types of services. This may only be permitted under the close supervision of a regulatory body and where safeguards are in place which ensure that charges to users who are dependent on rail transport are not excessive. Regulatory bodies shall, after consultation, prepare and publish rules to be followed. Charges defined in this way shall be included in a contract between the infrastructure manager and the authorised applicant.

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5. The infrastructure manager may publish tariffs, distinguishing between different clearly defined traffic types, which reflect the willingness to pay more than the costs that they impose. This may only be permitted in circumstances where safeguards are in place which ensure that charges to users who are dependent on rail transport are not excessive and that arrangements are in place to ensure that traffic which can at least pay the additional costs which it imposes may be accepted. Regulatory bodies shall supervise the tariffs for different traffic types and ensure that they are appropriate.

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(Amendment 15)

Article 10

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1. Without prejudice to Articles 85, 86 and 90 of the Treaty, any discount on the charges levied on a railway undertaking by the infrastructure manager, for any service, shall comply with the criteria set out in paragraphs 2, 3 and 4.

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Without prejudice to Articles 85, 86 and 90 of the Treaty, any discount on the charges levied on a railway undertaking by the infrastructure manager, for any service, shall comply with the criteria set out in

Article 4(5).

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2. Discounts shall not exceed the actual cost saving to the infrastructure manager from the operation in comparison with a single isolated equivalent journey. In determining the level of discount, no account may be taken of cost savings already internalised in the charge levied.

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3. Discounts may only relate to charges levied for a specified infrastructure section.

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4. Separate discount schemes shall apply for different types of service.

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(Amendment 16)

Article 13

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1. Infrastructure managers may levy a charge for capacity that is requested but not used according to the principles set out in paragraphs 2 to 6.

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Infrastructure managers may levy

an appropriate charge for capacity that is requested but not used. This charge shall provide incentives for efficient use of capacity.

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2. The charge shall be utilised in such a manner as to provide incentives for efficient use of capacity.

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3. Where all requests for capacity can be satisfied without coordination, the charge shall, as a maximum, be no greater than the costs of providing the path.

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4. Where coordination is required, the charge shall, as a maximum, reflect the value of the capacity requested.

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5. Special arrangements may be made where an undertaking has an agreement to enable it to run one or more trains without specifying the exact times of operation.

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6. Reservation charges shall not be collected until after the time of the capacity requested.

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(Amendment 17)

Article 14a (new)

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Article 14a

1. Member States may adopt the requisite measures to ensure that, in allocating railway infrastructure, priority is assigned to the following railway services:

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(a) services provided in the public interest, as defined in Council Regulation (EEC) No 1191/69 of 26 June 1969 concerning the obligations inherent in the concept of a public service in transport by rail, road and inland waterway(1);

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(b) services which, without prejudice to Articles 85, 86 and 90 of the Treaty, are provided wholly or partially on infrastructure specifically built or adapted for the transport services concerned (special high-speed or freight transport lines).

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This shall apply equally to all transport services provided pursuant to Article 1 which have similar characteristics and result in a similar performance.

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2. As regards services provided in accordance with subparagraph 1(a), Member States may pay the infrastructure manager compensation for financial losses arising from the requirement to allocate particular infrastructure capacity in the interests of the public transport service.

(1) OJ L 156, 28.6.1969, p. 1.

(Amendment 18)

Article 14b (new)

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Article 14b

In allocating infrastructure capacity, Member States may accord special rights, on a non-discriminatory basis, to railway undertakings which operate particular types of transport services or transport services in certain areas if the rights are essential to the provision of an appropriate public transport service or efficient use of infrastructure capacity or in order to make possible the financing of new infrastructure, without prejudice to Articles 85, 86 and 90 of the Treaty.

(Amendment 19)

Article 19(1a) (new)

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1a. In their areas of jurisdiction Member States may provide that natural or legal persons other than railway undertakings be authorised applicants. For cross-border freight traffic the railway undertakings licensed pursuant to Directive 95/18/EC(1) shall be regarded as authorised applicants throughout Community territory.

(1) OJ L 143, 27.6.1995, p. 70.

(Amendment 20)

Article 20(5)

>Original text>

5. Framework agreements shall in principle be no longer than five years. The infrastructure manager may agree to a longer period in specific cases. Any such exemption shall be justified by the existence of commercial contracts, specialised investments or risks.

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5.

Framework agreements shall in principle be no longer than seven years. The infrastructure manager may agree to a longer period where it is justified by the existence of commercial contracts or by specialised investments or risks.

(Amendment 21)

Article 23(2) to (4)

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2. The infrastructure manager shall ensure that, except as set out in Articles 20(7), 25(3) and 27, no priority is given to any type of service or authorised applicant within the scheduling and coordination process.

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Deleted

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3. The infrastructure manager shall consult interested parties about the draft timetable and allow them at least one month to present their views. Interested parties shall include all those who have requested capacity as well as other parties who wish to have the opportunity to comment on how the timetable may affect their ability to procure rail services during the currency of the timetable.

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4. The infrastructure manager shall take appropriate measures to deal with any concerns that are expressed.

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Deleted

(Amendment 22)

Article 24(3) to (5)

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3. The infrastructure manager shall attempt, through consultation with the appropriate applicants, to achieve a resolution of any conflicts in the light of the principles set out in Article 18.

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Deleted

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4. The principles governing the coordination process shall be defined in the network statement. These shall in particular reflect the difficulty of arranging international train paths and the effect that modification may have on other infrastructure managers.

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Deleted

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5. When requests for capacity cannot be satisfied without coordination, the infrastructure manager shall attempt to accommodate all requests through coordination.

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Deleted

(Amendment 23)

Article 25(2)

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2. When infrastructure capacity has been declared to be constrained, the infrastructure manager shall carry out a capacity analysis as described in Article 28, unless a capacity enhancement plan as described in Article 29 is already being implemented.

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2.

When infrastructure capacity has been declared to be constrained, the infrastructure manager shall carry out a capacity analysis, to be completed within three months, unless a capacity enhancement plan as described in Article 29 is already being implemented.

(Amendment 24)

Article 26(2) to (4)

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2. Infrastructure managers shall where necessary undertake an evaluation of the need for spare capacity to be kept available within the final scheduled timetable to enable them to rapidly respond to foreseeable short-notice requests for capacity.

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Deleted

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3. The infrastructure manager shall ensure that information on spare capacity which may be used to satisfy short-notice requests is made available to all authorised applicants who may wish to use this capacity.

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Deleted

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4. General statistics of response times to short-notice requests and the outcome of the requests shall be published for each timetable period referred to in Article 21.

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Deleted

(Amendment 25)

Article 27(2) and (3)

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2. Where there are suitable alternative routes the infrastructure manager may, after consultation with interested parties, designate particular infrastructure for use by specified types of traffic. Without prejudice to Articles 85, 86 and 90 of the Treaty, when such designation has occurred, the infrastructure manager may give priority to this type of traffic when allocating capacity. Such designation shall not prevent the use of such infrastructure by other types of traffic when capacity is available and when the train conforms to the characteristics necessary for operation on the line.

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2.

Where there are suitable alternative routes the infrastructure manager may, after consultation with interested parties, designate particular infrastructure for use by specified types of traffic.

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3. When infrastructure has been designated pursuant to paragraph 2, this shall be described in the network statement.

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Deleted

(Amendment 26)

Article 28

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Article 28

Capacity analysis

1. The objective of a capacity analysis referred to in Article 25(2) is to determine the restrictions on capacity which prevent requests for capacity from being adequately met, and to propose methods of enabling additional requests to be satisfied. This analysis shall identify the reasons for the constraints and what measures might be taken in the short and medium term to ease the constraints.

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Deleted

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2. The analysis shall consider the infrastructure, the operating procedures, the nature of the different services operating and the effect of all these factors on capacity. Any measures proposed include in particular re-routing of services, re-timing services, speed alterations and infrastructure improvements.

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3. A capacity analysis shall be performed by the infrastructure manager in consultation with current and prospective users of the relevant infrastructure.

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4. A capacity analysis shall be completed within two months of the identification of infrastructure as capacity constrained.

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(Amendment 27)

Article 29(2) and (3)

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2. A capacity enhancement plan shall be developed in consultation with users of the relevant capacity constrained infrastructure. It will identify the reasons for the capacity constraint, the options for enhancement, the likely future development of traffic, constraints on infrastructure development, the cost of options including likely changes to access charges and a cost benefit analysis of the possible measures identified to enhance capacity.

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Deleted

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3. The proposed plan shall contain a plan of the action that shall be taken and a timetable for implementation of the measures.

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Deleted

(Amendment 28)

Article 33 (8a) (new)

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8a. The national regulatory bodies shall conduct an active exchange of views and experience for the purposes of coordinating their decision-making principles across Europe. The Commission shall support them in this task.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive relating to the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (COM(98)0480 - C4-0563/98 - 98/0267(SYN))(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council COM(98)0480 - 98/0267(SYN) ((OJ C 321, 20.10.1998, p. 10.)),

- having been consulted by the Council pursuant to Article 189c and Article 75 of the EC Treaty (C4-0563/98),

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

- having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on Economic and Monetary Affairs and Industrial Policy (A4-0059/99),

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

2. 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;

3. Should the Council intend to depart from the text approved by Parliament, calls on the Council to notify Parliament and for the conciliation procedure to be initiated;

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