COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 05.05.1995 
COM(95) 151 final - SYN 488 
- SYN 490 
Re-examined proposal for a 
COUNCIL DIRECTIVE 
on the licensing of railway undertakings 
(presented by the Commission pursuant to article 189 c (d) of the Treaty establishing 
the European Community) 
Re-examined proposal for a 
COUNCIL DIRECTIVE 
on the allocation of railway infrastructure and the charging of infrastructure fees 
(presented by the Commission pursuant to article 189 c (d) of the Treaty establishing 
the European Community) 
(presented by the Commission) 
3) 
EXPLANATORY MEMORANDUM 
Re-examined proposal for a 
COUNCIL DIRECTIVE 
on the licensing of railway undertakings 
On 15th December 1993 the Commission submitted a proposal for a directive on the licensing 
of railway undertakings to the Council(1). At its plenary session of 3rd May 1994 the 
European Parliament approved the Commission's proposal, while adopting a number of 
amendments®. 
On 14th July 1994 the Commission presented an amended proposal to the Council, that 
included the greater part of the Parliament's amendments^ . On 21st November 1994 the 
Council adopted a common position(4), that included certain of the amendments adopted by 
the Parliament and taken up by the Commission in its modified proposal. The Commission 
gave the Parliament its views on the common position in its communication of 6th December 
1994(5). 
On 14th March 1995, the Parliament approved the Council's common position, while 
adopting four amendments. In its re-examined proposal the Commission accepts these 
amendments as it did in its modified proposal, because they clarify or strengthen the text. 
<» COM (93) 678, SYN 488, OJ C 24 of 28.1.94, p. 2 
• OJC205of25.7.94,p.38 
<* COM (94) 316, OJ C 225 of 13.8.94, p. 9 
EC N* 43/94, OJ C 354 of 13.12.94, p. 1 («I 
» SEC (94) 1987, SYN 488, 
A 
4) 
Re-examined proposal for a _ SYN 488 
COUNCIL DIRECTIVE 
on the licensing of railway undertakings 
(presented by the Commission pursuant to article 189 c (d) of the Treaty establishing 
the European Community) 
Common position Re-examined proposal 
Article 2e (new text) 
For the purposes of this Directive : 
(a)Mrailway undertaking" shall mean any 
private or public undertaking the main 
business of which is to provide rail 
transport services for goods and/or 
passengers, with a requirement that the 
undertaking must ensure traction; For the purposes of this Directive : 
(a) "railway undertaking" shall mean any 
private or public undertaking the main 
business of which is to provide rail 
transport services for goods and/or 
passengers, with a requirement that the 
undertaking should ensure traction, with 
traction equipment owned, leased or 
rented. 
Article 2e (new text) 
(e) "Urban, suburban or regional 
services" shall mean services operated to 
meet the transport needs of an urban centre 
or conurbation, as well as the transport 
needs between such a centre or 
conurbation and surrounding areas, or to 
meet the transport needs of a region. 
Article 3 
Each Member State shall designate the 
body responsible for issuing licences and 
for carrying out the obligations imposed by 
this Directive. Each Member State shall designate the 
authority or agency responsible for issuing 
licences and for carrying out the 
obligations imposed by this Directive. That 
body may not be connected directly or 
indirectly with the national railway 
undertaking 
h 
5) 
Article S(l) 
1. The requirements relating to 
professional competence shall be met 
when : 1. The requirements relating to 
professional competence shall be met 
when : 
(a) an applicant railway undertaking has 
or will have a management organization 
which possesses the knowledge and/or 
experience necessary to exercise 
satisfactory operational control and 
supervision of the type of operation 
specified in the licence; 
(b) its personnel responsible for safety, in 
particular drivers, are suitably qualified for 
their field of activity and 
(c) its personnel, rolling stock and 
organization can ensure an appropriate 
level of safety for the services to be 
provided. (a) an applicant railway undertaking has 
or will have a management organization 
which possesses the knowledge and/or 
experience necessary to exercise safe and 
reliable operational control and supervision 
of the type of operation specified in the 
licence; 
(b) its personnel responsible for safety, in 
particular drivers, are fully qualified for 
their field of activity and 
(c) its personnel, rolling stock and 
organization can ensure an high level of 
safety for the services to be provided. 
3) 
EXPLANATORY MEMORANDUM 
Re-examined proposal for a 
COUNCIL DIRECTIVE 
on the allocation of railway infrastructure and the charging of infrastructure fees 
On 15th December 1993 the Commission submitted a proposal for a directive on the 
allocation of railway infrastructure and the charging of infrastructure fees to the Council0'. 
At its plenary session of 3rd May 1994 the European Parliament approved the Commission's 
proposal, while adopting a number of amendments®. 
On 14th July 1994 the Commission presented an amended proposal to the Council, that 
included the greater part of the Parliament's amendments^ . On 21st November 1994 the 
Council adopted a common position(4), that included a limited number of the amendments 
adopted by the Parliament and taken up by the Commission in its modified proposal. The 
Commission gave the Parliament its views on the common position in its communication of 
6th December 1994®. 
On 14th March 1995, the Parliament approved the Council's common position, while 
adopting six amendments. In its re-examined proposal the Commission accepts four of these 
amendments that the Parliament adopted at its first reading and the Commission included in 
its modified proposal, because they clarify or strenghten the text. 
However it refuses an amendment, that the Parliament adopted at its first reading but the 
Commission did not include in its modified proposal. This is the amendment that adds a new 
paragraph to article 8 that reads : "In order to avoid distorsion of competition between modes 
of transport, fees for other modes shall be changed with equal regard for the principle of real 
costs". In the Commission's view, this raises important general issues of transport policy that 
go far beyond the scope of the directive. 
The Parliament adopted a further amendment on 14th March 1995, the deletion of article 1, 
paragraphs 2 and 3. The Commission accepts the deletion of the second sentence of 
paragraph 2, that excludes from the scope of the directive railway undertakings that only 
provide shuttle services through the Channel Tunnel. In the Commission's view, the directive 
should cover all railway undertakings, as does directive 91/440/EEC on the development of 
the Community's railways, which it is designed to complement. The Commission also accepts 
the deletion of paragraph 3 in order to simplify the text. 
However it does not accept the deletion of the first sentence of paragraph 2. This sentence 
excludes from the scope of the directive railway undertakings that only provide urban, 
suburban and regional services. The Commission considers that the directive should exclude 
them, as directive 91/440/EEC does. 
(l) COM (93) 678, OJ C 24 of 28.1.94, p. 6 
» OJC 205 of 25.7.94, p. 45 
« COM (94) 316, OJ C 225 of 13.8.94, p. 11 
<*> EC N* 44/94, OJ C 354 of 13.12.94, p. 19 
» SEC (94) 1894 final, SYN 490 
4) 
The text of the amendments that the Commission does not accept in its re-examined proposals 
is attached. 
r 
5) 
Re-examined proposal for a - SYN 490 
COUNCIL DIRECTIVE 
on the allocation of railway infrastructure and the charging of infrastructure fees 
(presented by the Commission pursuant to article 189 c (d) of the Treaty establishing 
the European Community) 
Article 1. 
Common position 
1. The purpose of this Directive is to 
define the principles and procedures to be 
applied with regard to the allocation of 
railway infrastructure capacity and the 
charging of infrastructure fees for railway 
undertakings which are or will be 
established in the Community and the 
international groupings which they form, 
where such undertakings and groupings 
carry out services referred to in Article 10 
of Directive 91/440/EEC under the 
conditions laid down in that Article. R&examined proposal 
1. The purpose of this Directive is to 
define the principles and procedures to be 
applied with regard to the allocation of 
railway infrastructure capacity and the 
charging of infrastructure fees for railway 
undertakings which are or will be 
established in the Community and the 
international groupings which they form, 
where such undertakings and groupings 
carry out services referred to in Articles 10 
of Directive 91/440/EEC under the 
conditions laid down in that Article. 
2. Railway undertakings the activities of 
which are limited to the operation of 
urban, suburban and regional services shall 
be excluded from the scope of this 
Directive. 2. Railway undertakings the activities of 
which are limited to the operation of 
urban, suburban and regional services shall 
be excluded from the scope of this 
Directive. 
Railway undertakings and international 
groupings the business of which is limited 
to providing shuttle services for road 
vehicles through the Channel Tunnel are 
also excluded from the scope of this 
Directive. 
3. Railway infrastructure capacity shall be 
granted in the form of the allocation of 
train paths in accordance with Community 
and national law. 
6) 
Article 2 (a) 
a) "railway undertaking" means any 
public or private undertaking the main 
business of which is to provide rail 
services for goods and/or passengers, with 
a requirement that the undertaking must 
ensure traction; a) "railway undertaking" means any 
public or private undertaking the main 
business of which is to provide rail 
services for goods and/or passengers, with 
a requirement that the undertaking must 
ensure traction, but excludes private tourist 
and museum railways: 
Article 4, paragraph 1(b) 
b) Services wholly or partly operated on 
infrastructure constructed or 
developed for certain specific 
services (specialized high-speed or 
freight lines), without prejudice to 
Articles 85, 86 and 90 of the Treaty. b) specialized types of operation on 
infrastructure constructed or 
upgraded for certain specific 
services, in particular, specialized 
high-speed or freight lines or lines 
using combined intermodal transport, 
without prejudice to Articles 85, 86 
or 90 of the Treaty. Train paths on 
such specialized infrastructure should 
be allocated on a fair and non­
discriminatory basis. 
Article 6, paragraphs 1 and 2 (new) 
The accounts of an infrastructure manager 
shall, under normal business conditions 
over a reasonable time period, at least 
balance income from infrastructure fees 
plus State contributions on the one hand 
and infrastructure expenditure on the other. JL The accounts of an infrastructure 
manager shall, under normal business 
conditions over a reasonable time period, 
at least balance income from infrastructure 
fees plus State contributions on the one 
hand and infrastructure expenditure on the 
other. 
2 The infrastructure manager may 
finance infrastructure development, 
including provision or renewal of capital 
assets, and may make a return on capital 
employed. 
"f 
7) 
Article 10 
1. Member States shall lay down the 
procedures for the allocation of railway 
infrastructure capacity referred to in 
Article 1(3). They shall publish their 
procedural rules and inform the 
Commission thereof. 1. Member States shall lay down without 
delay the procedures for the allocation of 
railway infrastructure capacity referred to 
in Article 1. They shall publish their 
procedural rules and inform the 
Commission thereof. 
2. An application for infrastructure 
capacity shall be submitted to the 
allocation body of the Member State on the 
territory of which the departure point of 
the service concerned is situated. 2. An application for infrastructure 
capacity shall be submitted to the 
allocation body of the Member State of 
establishment. 
3. The allocation body to which an 
application has been submitted shall 
immediately inform the other allocation 
bodies concerned of this request. The 
latter shall take a decision as soon as 
possible but no later than one month after 
all relevant information has been 
submitted; each allocation body shall have 
the right to refuse an application. They 
shall immediately inform the allocation 
body to which the request has been 
submitted. 
The allocation body to which an 
application has been submitted shall, 
together with the other allocation bodies 
concerned, take a decision on the 
application as soon as possible, but no 
later than two months after all relevant 
information has been submitted. 
An application which has been refused on 
the grounds of insufficient capacity shall 
be reconsidered at the next time-table 
adjustment for the routes concerned if the 
applicant undertaking so requests. The 
dates for such adjustments and other 
administrative arrangements shall be 
available to interested parties. 
The decision shall be communicated to the 
applicant undertaking. A refusal shall 
indicate the reason therefor. 3. If an application for infrastructure 
capacity concerns a train path outside the 
territory of the Member State of 
establishment of the railway undertaking, 
the application shall be submitted to the 
allocation body of the Member State in 
whose territory the place of departure or 
arrival of the rail service concerned is 
situated. 
3a. When an application is made for a new 
train path, the allocation body shall 
distinguish : 
(2L) between a single application for a rail 
path for an individual train, and an 
application for a rail path for a regular 
scheduled service: and 
(b) between an application for a rail path 
concerning a single allocation body and 
one for a rail path concerning more than 
one allocation body. 
8) 
4. An applicant undertaking may directly 
contact the other allocation bodies 
concerned with this request on condition 
that the allocation body to which the 
application has been submitted is informed. 4. Where an application is for a train path 
for a regular scheduled service concerning 
a single allocation body, the allocation 
body shall take a decision on the 
application as soon as possible, but no 
later than two months after all relevant 
information has been submitted. The 
decision shall be communicated to the 
applicant undertaking. A refusal shall 
indicate the reason(s) therefor. 
4a. Where an application is for a train path 
for a regular scheduled service concerning 
more than one allocation body, the 
allocation body to which an application 
has been submitted shall immediately 
inform the other allocation bodies 
concerned with this request. The latter 
shall take their decision as soon as 
possible, normally within three months 
after all the relevant information has been 
submitted to them. They shall immediately 
inform the allocation body to which the 
request has been submitted. 
The allocation body to which an 
application has been submitted, together 
with the other allocation bodies concerned, 
shall notify to the applicant as soon as 
possible, in good time before the start of a 
timetabling period, a firm date by which 
the train path will be available: the date 
shall be within a reasonable period -
normally no more than three months -
from the date of the application, and shall 
be publicly announced. 
4b. Where the application is for a train 
path for a single journey or occasional 
traffic concerning a single allocation body, 
that body shall take a decision oh the 
application as soon as possible, but no 
later than one month after all relevant 
information has been submitted. The 
decision shall be communicated to the 
applicant undertaking. A refusal shall 
indicate the reason(s) therefor. 
5. The railway undertakings to which 
railway infrastructure capacity is allocated 
shall conclude the necessary 
administrative, technical and financial 
agreements with the infrastructure 
managers. 9) 
5. Where an application is for a train path 
for a single journey or occasional traffic 
concerning more than one allocation body. 
the allocation body to which an application 
has been submitted shall immediately 
inform the other allocation bodies 
concerned with this request. The latter 
shall take a decision as soon as possible 
but no later than one month after all 
relevant information has been submitted. 
They shall immediately inform the 
allocation body to which the application 
has been submitted. 
The allocation body to which an 
application has been submitted together 
with the other allocation bodies concerned 
shall take a decision on the application as 
soon as possible, but no later than two 
months after all relevant information has 
been submitted. The decision shall be 
communicated to the applicant undertaking. 
A refusal shall indicate the reason(s) 
therefor, 
5a. In taking a decision on the allocation 
of train paths for regular services, the 
allocation body shall take into account all 
requests received in the order in which 
they are received. The offer of a train 
path shall be open for one month, which 
period is not affected by any application of 
the review procedure set out in Article 
WX 
6. In addition to the procedure set out in 
the above paragraphs an applicant 
undertaking mav directly contact the other 
allocation bodies concerned with this 
request, 
The allocation body to which the 
application has been submitted shall be 
informed. 
>° 
10) 
7. The allocation of a train path or paths 
shall be dependent upon the issue of a 
safety certificate by the authority 
responsible for safety. This certificate 
shall affirm that the railway undertaking 
has the means to comply with the safety 
conditions laid down by that authority. In 
particular, the railway undertaking must 
demonstrate that it can provide rolling 
stock, traction, personnel and equipment 
appropriate to the service and route 
operated. 
8. The railway undertaking to which 
railway infrastructure capacity has been 
allocated shall conclude the necessary 
administrative, technical and financial 
agreements with the managers of the 
railway infrastructure. 
9. An application which has been refused 
on the grounds of insufficient capacity or 
an inadequate period of notice shall be 
reconsidered at the next time-table 
adjustment for the routes concerned if the 
applicant so requests. The dates for such 
adjustments and other administrative 
arrangements shall be available to 
interested parties. 
JA 
Annexe 
Proposal for a Council directive on the allocation 
of railway infrastructure and the charging of infrastructure fees 
Amendments adopted by the European Parliament at its second reading that the Commission 
does not include in its re-examined proposal. » 
Article 1 
2. Railway undertakings the activities of which are limited to the operation of urban, 
suburban and regional services shall be excluded from the scope of this Directive. 
1 (a). In order to avoid distorsion of competition between modes of transport, fees for other 
modes shall be charged with equal regard for the principle of real costs. 
ii 
ISSN 0254-1475 
COM(95) 151 final 
DOCUMENTS 
EN 07 
Catalogue number : CB-CO-95-174-EN-C 
ISBN 92-77-88163-1 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
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