COMMISSION OF THE EUROPEAN COMMUNITIES 
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z . . . .—-r- . .. Brussels, 07.lU.iyy» 
La cote interinstitutionnelle rm^innouonf i n 
98/0265(COD) du document COM(1998) 480 final 12 
COM(1998)480 final du 22.07.1998 Oo/no« /-CVM\ 
doit se lire 98/0265 (SYN). f'™* f™> 
Concerne toutes les versions linguistiques. e vxn 
Proposal for a 
COUNCIL DIRECTIVE 
amending Directive 91/440/EEC on the development 
of the Community's railways 
Proposal for a 
COUNCIL DIRECTIVE 
amending Directive 95/187EC on the licensing of 
railway undertakings 
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 
COMMISSION WORKING PAPER 
explanation of the individual articles in the proposal for a Directive relating 
to the allocation of railway infrastructure capacity and the levying of charges 
for the use of railway infrastructure and safety certification 
(presented by the Commission) 

98/0265 (SYN) 
Proposal for a 
COUNCIL DIRECTIVE 
amending Directive 91/440/EEC on the.development 
of the Community's railways 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, and in particular 
Article 75 'thereof, 
Having regard to the proposal of the Commission4, 
Having regard to the opinion of the Economic and Social Committee5, 
Acting in accordance with the procedure laid down in Article 189c of the Treaty in 
cooperation with the European Parliament6, 
1. Whereas Council Directive 91/440/EEC7 should be amended to take account of 
experience with its implementation and of developments in the railway sector 
since its adoption, in order to ensure that its objectives are achieved; 
2. Whereas, in order to promote the efficient operation and development of the two 
distinct activities of provision of transport services and of infrastructure 
management, to make transparent the use to which public funds for the railway 
sector are put, and to create a solid basis for infrastructure charges, it is necessary 
to separate both the profit and loss accounts and the balance sheets of the 
two activities; 
3. Whereas it is necessary that, where railway undertakings and the 
international groupings which they constitute provide the services referred to in 
Article 10 of Directive 91/440/EEC, they benefit fully from the access rights laid 
down in that Article; 
4. Whereas, to this end, all railway undertakings and international groupings must be 
treated on a fair and non-discriminatory basis as concerns activities that condition 
access to infrastructure, and, consequently, the laying-down and enforcement of 
safety rules should be carried out by independent bodies or undertakings that 
.themselves do not provide rail transport services; 
5. Whereas, to promote efficient management of infrastructure in the public interest, 
infrastructure managers should be given a status independent of the State, and 
4 OJC 
5 OJC 
6 OJ c 
7 OJL 237, 24.8.1991, p. 25. 
12 
ISSN 0254-1475 
COM(98) 480/2 final 
EN 0,7 66 Î©-
Catalogue number : CB-CO-98-570-EN-C 
ISBN 92-78-39673-7 
Office for Official Publications of the European Communities 
L-2985 Luxembourg