A4-0058/99

Proposal for a Council Directive amending Directive 91/440/EEC on the development of the Community's railways (COM(98)0480 - C4-0561/98 - 98/0265(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 3a (new)

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(3a) Whereas rail liberalisation should, as with the other modes of transport, proceed in stages in conjunction with the parallel implementation of the necessary accompanying harmonisation measures;

(Amendment 2)

Recital 3b (new)

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(3b) Whereas, in accordance with the principle of gradual liberalisation and in order to encourage competition and the entry of new operators, access rights at this stage should be extended to all railway undertakings for the international transport of goods;

(Amendment 3)

Recital 4

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(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;

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(4)

Whereas, to this end, all railway undertakings and international groupings must be treated on a fair, equitable and non-discriminatory basis as concerns activities that condition access to infrastructure; whereasthe monitoring of safety, including the investigation of all serious accidents, as well as the enforcement of safety rules, should be carried out by independent bodies;

(Amendment 4)

ARTICLE 1(1)

Article 1 (Directive 91/440/EEC)

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1. The second indent of Article 1 is replaced by the following:

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1.

The second and fourth indents of Article 1 are replaced by the following:

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'- by separating the management of infrastructure from the provision of railway transport services, the separation of both profit and loss accounts and of balance sheets and the award to an independent body or undertaking of responsibility for those functions determinant for equitable and non-discriminatory access to infrastructure being compulsory, and the organisational or institutional separation of other functions being optional,"

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'-

by separating the management of infrastructure from the provision of railway transport services, as well as separating both profit and loss accounts and balance sheets,

- by ensuring access to the networks of Member States for railway undertakingsengaged in the international transport of goods and for international groupings of railway undertakings.¨

(Amendment 5)

ARTICLE 1(2)

Article 3, 2nd indent (Directive 91/440/EEC)

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- 'infrastructure manager' means any body or undertaking that is responsible for establishing and maintaining railway infrastructure.

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-

'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 6)

ARTICLE 1(2a) (new)

Article 5a (new) (Directive 91/440/EEC)

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2a. The following Article 5a is added in Section III:

'Article 5a

The Member States shall create entities, separate from railway undertakings, for the management of their national railway infrastructure, not later than two years following the date of entry into force of this Directive."

(Amendment 7)

ARTICLE 1(3a) (new)

Article 6(2) (Directive 91/440/EEC)

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3a. Article 6(2) is replaced by the following:

"2. This separation shall require the organisation of distinct divisions within a single undertaking, until such time as the Member States create separate entities for the management of their railway infrastructure."

(Amendment 8)

ARTICLE 1(4)(a)

Article 7(1), 2nd subparagraph (Directive 91/440/EEC)

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They shall ensure that safety standards and rules are laid down, applied and enforced, with appropriate monitoring. This shall be done by bodies or undertakings that do not provide rail transport services themselves and are independent of bodies or undertakings that do so, in such a way as to guarantee equitable and non-discriminatory access to infrastructure.

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They shall ensure that

the highest possible level of safety standards and rules are laid down, applied and enforced, in such a way as to guarantee equitable and non-discriminatory access to infrastructure, with appropriate monitoring. These functions, including the investigation of all serious accidents, shall be performed by bodies or undertakings that do not provide rail transport services themselves and are independent of bodies or undertakings that do so.

(Amendment 9)

ARTICLE 1(4)(b)

Article 7(4) to (6) (Directive 91/440/EEC)

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(b) the following paragraphs are added:

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(b)

the following paragraphs are added:

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4. Member States shall take the measures necessary to ensure that infrastructure managers have independent status as regards management, administration and internal control over administrative, economic and accounting matters.

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4.

Member States shall take the measures necessary to ensure that infrastructure managers, in the context of the general policy guidelines determined by the State and taking into account national plans and contracts (which may be multi-annual), including investment and financing plans, have independent status as regards management, administration and internal control over administrative, economic and accounting matters.

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5. Business plans shall be drawn up for infrastructure managers, including their investment and financing programmes. Such plans shall be designed to achieve their financial balance and to ensure the optimal and efficient use and development of infrastructure; they must also provide for the means enabling these objectives to be achieved.

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5.

Business plans shall be drawn up for infrastructure managers, including their investment and financing programmes. Such plans shall be designed to achieve their financial balance and to ensure the optimal and efficient use and development of infrastructure; they must also provide for the means enabling these objectives to be achieved.

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6. In the context of the general policy guidelines determined by the State and taking into account national plans and contracts (which may be multi-annual) including investment and financing plans, infrastructure managers shall, in particular, be free to:

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Deleted

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- establish their internal organisation, without prejudice to the provisions of this Section;

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- take decisions on staff and own procurement;

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- manage their own assets as efficiently as possible, develop new technologies and new services and adopt any innovative management techniques.

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(Amendment 10)

ARTICLE 1(5a) (new)

Article 10 (Directive 91/440/EEC)

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5a. Article 10 is replaced by the following:

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"1. Railway undertakings shall be granted free access and transit rights on equitable conditions to the infrastructure in all Member States for the purpose of operating international railway services for the transport of goods.

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2. International groupings shall be granted access and transit rights in the Member States of establishment of their constituent railway undertakings, as well as transit rights in other Member States, for international services between the Member States where the undertakings constituting the said groupings are established.

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3. Railway undertakings and international groupings shall conclude the necessary administrative, technical and financial agreements with the managers of the railway infrastructure used with a view to regulating traffic control and safety issues concerning the international transport services referred to in paragraphs 1 and 2. The conditions governing such agreements shall be equitable and non-discriminatory in nature.¨

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive amending Directive 91/440/EEC on the development of the Community's railways(COM(98)0480 - C4-0561/98 - 98/0265(SYN))(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council COM(98)0480 - 98/0265(SYN) ((OJ C 321, 20.10.1998, p. 6.)),

- having been consulted by the Council pursuant to Articles 189c and 75 of the EC Treaty (C4-0561/98)

- 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 (A4-0058/99),

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.