A4-0027/95

Decision on the common position of the Council on the proposal for a Council Directive on the allocation of railway infrastructure capacity and the charging of infrastructure fees (C4-0243/94 - 00/0490(SYN))

(Cooperation procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0243/94 - 00/0490(SYN) ((OJ C 354, 13.12.1994, p. 19.)),

- having regard to its opinion at first reading ((OJ C 205, 25.7.1994, p. 45.)) on the Commission proposal to the Council, COM(93)0678 ((OJ C 24, 28.1.1994, p. 6.)),

- having regard to the amended Commission proposal, COM(94)0316 ((OJ C 225, 13.8.1994, p. 11 .)),

- having been consulted by the Council pursuant to Article 189c of the EC Treaty,

- having regard to Rule 67 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on Transport and Tourism (A4-0027/95),

1. Amends the common position as follows;

2. Instructs its President to forward this decision to the Council and Commission.

(Separate vote)

Article 1(2) and (3)

>Original text>

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.

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Deleted

>Original text>

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.

>Original text>

3. Railway infrastructure capacity shall be granted in the form of the allocation of train paths in accordance with Community and national law.

>Text following EP vote>

Deleted

(Amendment 1)

Article 2(a)

>Original text>

(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;

>Text following EP vote>

(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,

(Amendment 2)

Article 4(1)(b)

>Original text>

(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.

>Text following EP vote>

(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 inter-modal 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.

(Amendment 3)

Article 6

>Original text>

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.

>Text following EP vote>

1. 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.

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2. The infrastructure manager may finance infrastructure development, including provision or renewal of capital assets, and may make a return on capital employed.

(Amendment 4)

Article 8(1a) (new)

>Text following EP vote>

1a. In order to avoid distortion of competition between modes of transport, fees for other modes shall be charged with equal regard for the principle of real costs.

(Amendment 5)

Article 10

>Original text>

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.

>Text following EP vote>

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.

>Original text>

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.

>Text following EP vote>

2. An application for infrastructure capacity shall be submitted to the allocation body of the Member State of establishment.

>Original text>

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.

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.

5. The railway undertakings to which railway infrastructure capacity is allocated shall conclude the necessary administrative, technical and financial agreements with the infrastructure managers.

>Text following EP vote>

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:

(a) 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.

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.

>Text following EP vote>

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.

>Text following EP vote>

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 on 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.

>Text following EP vote>

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.

>Text following EP vote>

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.

>Text following EP vote>

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 13(1).

>Text following EP vote>

5b. In addition to the procedure set out in the above paragraphs an applicant undertaking may directly contact the other allocation bodies concerned with this request.

>Text following EP vote>

The allocation body to which the application has been submitted shall be informed.

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5c. 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.

>Text following EP vote>

5d. 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.

>Text following EP vote>

5e. 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.