A4-0026/95

Decision on the common position of the Council on the proposal for a Council Directive on the licensing of railway undertakings (C4-0242/94 - 00/0488(SYN))

(Cooperation procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0242/94 - 00/0488 (SYN) ((OJ C 354, 13.12.1994, p. 11.)),

- having regard to its opinion at first reading ((OJ C 205, 25.7.1994, p. 38.)) on the Commission proposal to the Council, COM(93)0678 ((OJ C 24, 28.1.1994, p. 2.)),

- having regard to the amended Commission proposal, COM(94)0316 ((OJ C 225, 13.8.1994, p. 9.)),

- 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 (A4-0026/95),

1. Amends the common position as follows;

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

(Amendment 1)

Article 2(a)

>Original text>

For the purposes of this Directive:

>Text following EP vote>

For the purposes of this Directive:

>Original text>

(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 must ensure traction;

>Text following EP vote>

(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 train movements shall be guaranteed by traction equipment owned, leased or rented.

(Amendment 2)

Article 2(da) (new)

>Text following EP vote>

(da) 'Urban, suburban and regional services' shall mean transport services to meet the transport needs of an urban centre or conurbation as well as transport between such centre or conurbation and surrounding areas or the transport needs of a region.

(Amendment 3)

Article 3

>Original text>

Each Member State shall designate the body responsible for issuing licences and for carrying out the obligations imposed by this Directive.

>Text following EP vote>

Each Member State shall designate the authority or agency responsible for issuing licences and for carrying out the obligations imposed by this Directive. This authority or agency may not be associated, directly or indirectly, with the national railway undertaking involved.

(Amendment 4)

Article 8(1)

>Original text>

1. The requirements relating to professional competence shall be met when:

>Text following EP vote>

1. The requirements relating to professional competence shall be met when:

>Original text>

(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 operations specified in the licence;

>Text following EP vote>

(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 operations specified in the licence;

>Original text>

(b) its personnel responsible for safety, in particular drivers, are suitably qualified for their field of activity and

>Text following EP vote>

(b) its personnel responsible for safety, in particular drivers, are fully qualified for their field of activity and

>Original text>

(c) its personnel, rolling stock and organization can ensure an appropriate level of safety for the services to be provided.

>Text following EP vote>

(c) its personnel, rolling stock and organization can ensure a high level of safety for the services to be provided.