-et a 
ir * COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 15 06 1995 
COM(95) 271 final 
94/0112 (SYN) 
Amended proposal for a 
COUNCIL DIRECTIVE 
on the interoperability of the 
European high-speed train network 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

EXPLANATORY MEMORANDUM 
The Commission has decided to amend its proposal for a Council Directive on 
the interoperability of the European high-speed train network in response to the 
opinion of the European Parliament*2) of 19 January 1995 and in conformity with 
Article 189a(2) of the EC Treaty. 
The Commission has approved the amendments concerning : 
- progress towards the interoperability of the entire European high-speed train 
network and the development of legislative proposals relating to the inter­
operability of the conventional rail network, which will boost the development 
of the industrial sector and the railway undertakings (amendments 1 and 2), 
- the development of technical, operational and/or administrative solutions 
which will make it possible to integrate rapid goods services in the European 
high-speed rail network to the benefit of clients (amendment 3), 
- the interconnection of the ticketing, reservation and information systems in 
order to give users easy access to the whole European high-speed rail net­
work (amendment 4), 
- the change in the wording designed to make a clear distinction between the 
notified body as such and the staff working for it (amendment 9), 
- the independent status of the notified bodies, which reinforces the obligation 
as to the impartiality and independence of those bodies (amendment 10), 
- the periodic report on interoperability which will enable Parliament and the 
Council to monitor progress towards achieving interoperability of the Euro­
pean high-speed train network(amendment 12). 
(2) EP doc. 186.411 - A4-0097/94, 19.1.1995. 
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The Commission rejected the amendments concerning : 
- The involvement of non-Community European countries, in particular 
Switzerland and the countries of Central and Eastern Europe, in the inter­
operability activities in the framework of the Directive (amendment 5). 
Nevertheless, the Commission recognizes the importance of a truly trans-
European network which does not stop at the Union's frontiers; however, 
this should be dealt with in bilateral or multilateral agreements. Negotiations 
are in progress or planned outside the scope of the Directive. As regards 
Switzerland, it is already fully integrated in the work on developing the 
technical interoperability specifications provided for in the Directive. 
- The harmonization of staff training and of examination and qualification pro­
cedures relating to the operation of high-speed trains. Given that education 
and training are the responsibility of Member States, such harmonization 
would conflict with the subsidiarity principle (amendments 7 and 8). 
- Specific high-speed train systems and the networks using this rolling stock. 
The Directive cannot under any circumstances include names of under­
takings or of specific systems (amendment 13). 
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Amended proposal for a Council Directive 
on the interoperability of the European high-speed train network 
Original text Amended text 
Recital 1a (new) 
Whereas, with a view to making a 
People's Europe a reality, this Directive 
represents the first step towards the 
interoperability of the entire European 
train network; 
Recital 3a (new) 
Whereas in April 1994 the Commission 
submitted a proposal for a European 
Parliament and Council Decision on 
Community guidelines for the develop­
ment of the trans-European transport 
network 0) which also includes network 
schemes for conventional train networks; 
whereas, therefore, once this Decision 
enters into force the Commission will 
also submit proposals for the inter­
operability of the conventional rail net­
work, in particular with a view to remo­
ving obstacles to transfrontier regional 
traffic; 
<1> COM (94) 0106, 7.4.1994. 
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Original text Amended text 
in. Recital 5 
Whereas the operation in commercial 
service of high-speed trains requires that 
there is excellent coherence between 
the characteristics of the infrastructure 
and that of the rolling stock; whereas 
performance levels, service quality and 
cost depend upon that coherence and 
that, in particular, the interoperability of 
the European high-speed train network 
is founded upon that coherence; Whereas the operation in commercial 
service of high-speed trains requires that 
there is excellent coherence between 
the characteristics of the infrastructure 
and that of the rolling stock; whereas 
performance levels, service quality and 
cost depend upon that coherence and 
whereas, in particular, the inter­
operability of the European high-speed 
train network is founded upon that co­
herence; whereas, although the high­
speed network is designed primarily for 
passengers, ways and means should 
gradually be found of enabling the 
network to carry rapid goods services; 
IV. Recital 5a (new) 
Whereas users must also have easy 
access to the whole European high­
speed train network; whereas, there­
fore, the interoperability of the ticketing, 
reservation and information systems of 
the European high-speed train network 
must also be guaranteed; 
V. Article 24 (new) 
Every two years the Commission shall 
report to the European Parliament and 
the Council on the progress made to­
wards achieving interoperability of the 
European high-speed train network. 
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Original text Amended text 
VI. Article 25 (ex Article 24) 
This Directive shall enter into force 
21 days after its publication in the 
Official Journal of the European 
Communities. This Directive shall enter into force 
21 days after its publication in the 
Official Journal of the European 
Communities. 
VII. Annex VIII (2) 
2. The body and the staff responsible 
for inspection must carry out the 
checking operations with the 
greatest possible professional in­
tegrity and the greatest possible 
technical competence and must be 
free of any pressure and incentive, 
in particular of a financial type, 
which may affect their judgment or 
the results of their inspection, and 
in particular those generated by 
persons or groups of persons 
affected by the results of the 
checks. The staff responsible for inspection 
must carry out the checking 
operations with the greatest 
possible professional integrity and 
the greatest possible technical 
competence and must be free of 
any pressure and incentive, in par­
ticular of a financial type, which 
may affect their judgment or the 
results of their inspection, and in 
particular those generated by per­
sons or groups of persons affected 
by the results of the checks. 
VIII. Annex VIII (3) (new) 
The Member States shall take the 
measures necessary to ensure 
that the bodies referred to in this 
Annex are legally independent 
entities in terms of management, 
administration and internal admi­
nistrative, economic and accoun­
ting controls. 
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Original text Amended text 
IX. Annex VIII (4) (ex point 3) 
That body must employ staff and 
possess the means that are 
required in order adequately to 
perform the technical and ad­
ministrative tasks that are linked 
with the conducting of checks. It 
should also have access to the 
equipment needed for exceptional 
checks. 4. That body must employ staff and 
possess the means that are 
required in order adequately to 
perform the technical and ad­
ministrative tasks that are linked 
with the conducting of checks. It 
should also have access to the 
equipment needed for exceptional 
checks. 
X. Annex VHI (5) (ex point 4) 
The staff responsible for checking 
shall possess : 
- proper technical and vocational 
training, 
- a satisfactory knowledge of the 
requirements relating to the 
checks that it carries out and 
sufficient practice in those 
checks, 
- the abilities needed in order to 
draw up certificates, records 
and reports which are the 
tangible outcome of the inspec­
tions conducted. The staff responsible for checking 
shall possess : 
- proper technical and vocational 
training, 
- a satisfactory knowledge of the 
requirements relating to the 
checks that it carries out and 
sufficient practice in those 
checks, 
- the abilities needed in order to 
draw up certificates, records 
and reports which are the 
tangible outcome of the inspec­
tions conducted. 
XI. Annex VHI (6) (ex point 5) 
The independence of the staff 
responsible for inspections must 
be guaranteed. No official must be 
remunerated either on the basis of 
tie number of inspections per­
formed or on the results of those 
inspections. The independence of the staff 
responsible for inspections must 
be guaranteed. No official must be 
remunerated either on the basis of 
the number of inspections per­
formed or on the results of those 
inspections. 
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Original text Amended text 
XII. Annex VIM (7) (ex point 6) 
That body shall take out civil lia­
bility insurance unless that liability 
is covered by the State under na­
tional law or unless the inspections 
are carried out directly by that 
Member State. L. That body shall take out civil lia­
bility insurance unless that liability 
is covered by the State under na­
tional law or unless the inspections 
are carried out directly by that 
Member State. 
XIII. Annex VIII (8) (ex point 7) 
The staff of that body are bound 
by professional confidentiality with 
regard to everything that they learn 
in the performance of their 
functions (with the exception of the 
competent administrative authori­
ties in the State where they per­
form those activities) in pursuance 
of this Directive or any provision of 
national law implementing the 
Directive. The staff of that body are bound 
by professional confidentiality with 
regard to everything that they learn 
in the performance of their 
functions (with the exception of the 
competent administrative authori­
ties in the State where they per­
form those activities) in pursuance 
of this Directive or any provision of 
national law implementing the 
Directive. 
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ISSN 0254-1475 
COM(95) 271 final 
DOCUMENTS 
EN 07 
Catalogue number : CB-CO-95-292-KN-C 
ISBN 92-77-90448-8 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
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