COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(91) 84 final 
Brussels, ^ March 1991 
Amendment to the proposal for a 
COUNCIL REGULATION (EEC) 
amending Regulation (EEC) No. 1191/69 on action 
by Member States concerning the obligations Inherent 
in the concept of public service in transport by 
rail, road and inland navigation 
Amendment to the proposal for a 
COUNCIL PI RECTI YE 
on the development of Community railways 
(presented by the Commission pursuant to Article 149(3) 
of the EEC-Treaty) 
Amendment to the proposai for a 
COUNCIL REGULATION (EEC) 
amending Regulation (EEC) No. 1191/69 on action 
by Member States concerning the obligations Inherent 
in the concept of public service In transport by 
rail, road and inland navigation 
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Explanatory memorandum 
1. On 1 December 1989 the Commission sent to the Council a proposal 
for a Council Regulation (EEC) amending Regulation (EEC) No. 
1191/69 on action by Member States concerning the obligations 
inherent in the concept of public service In transport by rail, 
road and inland navigation^). 
The objective of that proposal Is to adapt the existing Community 
rules concerning public service obligations to the new railway 
legislation as proposed to the Council together with this proposal 
2. At its plenary session of 13 December 1990 the Parliament approved 
the Commission's proposal, subject to a number of amendments. 
3. There are good reasons to accept amendments No.s 49, 52 and 54, as 
they provide more clarity to the text of the proposed Regulation. 
4. The other amendments are unacceptable: 
No. 48 - as it is misplaced in the whereas concerned; 
No. 50 - as it gives to Article 1(2) of Regulation (EEC) 
No. 1191/69 a meaning totally opposing its present 
Article 1(1) which neither the Commission nor the 
Parliament wanted to modify; 
No. 51 - as it deletes the requirement that no cross-subsidies 
are allowed between public service and commercial 
sector; 
No. 53 - as this proposal is not the place to lay down pro­
visions on the jurisdiction of the Community Court of 
Just ice. 
(1) O.J. No. C34, of 14.02.1990, p. 11 
Amendment to the proposal for a 
COUNCIL REGULATION (EEC) 
amending Regulation (EEC) No. 1191/69 on action 
(by Member States concerning the obligations Inherent 
in the concept of public service in transport by 
rail, road and inland navigation 
(presented by the Commission to the Council pursuant 
to Article 149(3) of the EEC Treaty) 
The Commission's proposal for a Council Regulation amending Regulation 
(EEC) No. 1191/69(1>, is hereby amended as follows: 
1. Article 1(1), where replacing Article 1(2) of (EEC) Regulation No. 
1191/69, is replaced by: 
"2. In order to ensure appropriate rail transport on specific 
routes or in specific areas, taking into account social and 
environmental factors, Member States may provide for the 
establishment or continuation of public services on the basis 
of contracts to be negotiated with undertakings In accordance 
wi th Art icle 14." 
2. In Article 1(4), where laying down the new text for Article 14(4) 
of I(EEC) Regulation No. 1191/69, the words "for a reasonable 
period" are replaced by: 
"for a period of at most one year" 
3. To Article 1(4), where laying down the new text for Article 14(6) 
of (EEC) Regulation No. 1191/69, the following words are added, in 
the end: 
"or until the service is finally discontinued". 
(1) O.J. No. C 34, of 14.02.1990, p. 11 
Amendment to the proposal for a 
CQUNCtl. DIRECTIVE 
on the development of Community railways 
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Explanatory memorandum 
1. On 1 December 1989 the Commission sent to the Council a proposal 
for a Directive on the development of the Community railways^1). 
The objective of that proposed Directive is to establish the ground 
rules for the creation of a Community railway system adapted to the 
needs of a single transport market. 
2. At its plenary session of 13 December 1990 the Parliament approved 
the Commission's proposal, subject to a number of amendments. 
3. There are good reasons to accept amendments No. 1, No. 3, No. 6, 
No. 7, No. 10 and No. 11 (on recitals) as well as amendments No. 
18, No. 100, No. 21 (1st part)*2*, No. 22, No. 23, No. 26, No. 27 
(1st part)<3>, NO. 28 and No. 39 (on Articles), in fact they 
either provide further explanation on the purposes pursued or bring 
more clarity to the Directive's provisions. 
4. The other amendments are unacceptable by the following reasons: 
Amendments No.s 2, 12, 88, 13, 17, 20, 21 (2nd part), 24, 27 
(2nd part), 29, 31, 32, 33, 34, 36, 37, 99, 44, 45. 46 and 47: 
they are either redundant or misplaced In the context of this 
proposal. 
Amendments No.s 4, 8 and 43: the separation between infra­
structure and transport operations, has to mean at least an 
effective managerial separation; this is an essential 
prerequisite for a sound accounting separation, preventing anv 
cross-subsidies to, or from, other activities of the 
undertak ing. 
(1) O.J. No. C 34, of 14.02.1990, p. 8 
(2) untiI "No. 2598/70". 
(3) until "its establishment". 
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Amendments No.s 5 and 25: having in mind that railway 
facilities may be owned and/or operated by independent 
undertakings, having in each case a well defined relation with 
the State (as will be the case of the Channel Tunnel), the 
related financial responsibility cannot be simply assigned to 
the State by the Community legislation. 
Amendments No.s 9, 101 and 35: all Infrastructure operators and 
railway undertakings operating (in) the national railway 
Infrastructure should be bound by the Community legislation, 
either being publicly or being privately owned. 
Amendments No.s 14, 15, 16, 30, 40, 41 and 42: they are either 
against the essential guidelines of the proposal or against 
well grounded Community principles (notably against the 
subsidiarity principle). 
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Amendment to the proposal for a 
COUNCH niPFfjjYp 
on the development of Community railways 
(presented by the Commission to the Council pursuant 
to Article 149(3) of the EEC Treaty) 
The Commission's proposal for a Council Directive on the development of 
Community railways^), is hereby amended as follows: 
1. The following recital is added (becoming the 2nd recital), after 
the former 1st recital: 
"Whereas the expansion of the railway system is a prerequisite for 
the development of combined transport and greater competition 
between various modes of transport;" 
2. To the former 3rd recital (becoming the 4th recital) the following 
words are added, after "practical experience": 
" ... and whereas the position of railways in the single market 
must be based on the same conditions as other modes of transport:" 
(1) O.J. No. C 34, of 14.02.1990, p. 8 
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3. The following recitals are added (becoming 6th and 7th recitals), 
after the former 4th recital: 
"Whereas the separation between Infrastructure and the provision of 
services, achieved by boosting competition in railway service 
management in terms of confort and the number of users, makes it 
necessary that the Member States should be assigned responsibility 
for the development and maintenance of railway Infrastructure; 
Whereas access to railway Infrastructure must be made available to 
the railway undertakings of the other Member States;" 
4. The following recital is added (becoming the 13th recital), after 
the former 9th recital: 
"Whereas decisions must be harmonised among the Member States to 
prevent the risk of differing developments;" 
5. To the former 10th recital (becoming 14th recital) the following 
words are added in the end: 
"and adapting to market needs" 
6. To Article 2(1 )(a) the following indent is added, after the 4th 
i ndent .-
-- Deutsche Reichsbahn (DR)" 
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7. To Article 2(1)(b) the following words are added, after "services 
between them": 
"A public railway undertaking of a third State may belong to an 
International grouping, if an agreement concluded between this 
State and the Community provides accordingly. The Commission shall 
open negotiations, in particular with Austria, Switzerland and 
Yugoslavia, aiming at the conclusion of such agreements of the 
basis of mutual Interest and reciprocal trade." 
8. To Article 2(1) a new sub-paragraph, (d), is added: 
"d) "railway infrastructure" Is as defined In part A, 
Annex I of Regulation (EEC) No. 2598/70." 
9. To Article 2(2) the words "urban and suburban" are replaced by 
'urban, suburban and regional" 
10. Article 3 is replaced by: 
"Article 3 
Member States shall lay down the financial and other requirements, 
including the procedure for authorisation, that a railway 
undertaking or an international grouping has to meet for 
establishment and for having access to the infrastructure on their 
respective territories. These provisions are designed to guarantee 
that all transport undertakings shall have access to alI modes of 
transport in accordance with the principle of equal treatment of 
and fair competition between modes of transport." 
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11. Article 5 is replaced by 
"Article 5 
The Infrastructure operators shall be responsible for the operation 
of the rail transport and the management systems. Security 
standards and provisions governing the allocation of Infrastructure 
capacity shall be determined in accordance with the provisions of 
the Member States and under their control." 
12. Article 6 is replaced by: 
"Article 6 
1. Any railway undertaking established In accordance with 
Article 3 shall be granted on equitable conditions access 
rights to (one word deleted) railway Infrastructure in the 
Member State of its establishment. 
2. International groupings of undertakings shall be granted access 
and transit rights in the Member States of establishment of 
their constituent undertakings, as well as transit rights In 
other Member States, as required to operate international 
services on links between the Member States where their 
constituent undertakings are established." 
13. Articles 7 to 14 are replaced by former Articles 6 to 13. 
14. To Article 8(2) - former Article 7(2) - the following Indent is 
added, after the 8th one: 
"- establish their multiannual business plans and their 
operational an* investment budgets." 
15. Article 15 is aéded, with the text of former Article 14 

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