COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251 (2) of the Treaty concerning the Common position adopted by the Council with a view to the adoption of a Directive of the European Parliament and of the Council amending Directive 95/18/EC on the licensing of railway undertakings

EXPLANATORY MEMORANDUM

1. Historical background of the proposal

On 22nd July 1998 the Commission adopted a proposal [1] for a Council directive amending Directive 95/18/EC on the licensing of railway undertakings [2].

[1] COM(1998) 480 final 22.7.1998.

[2] OJ L 143, 27.6.1995, p. 70.

The purpose of the proposal was to enlarge the scope of the Directive in order to create a level playing field for European railway undertakings.

The European Parliament approved the Commission's proposal at its plenary session on 15th September 1999.

The Economic and Social Committee adopted its opinion on 26th May 1999 [3].

[3] OJ C 209, 22.7.1999, p. 22.

On 25th November 1999 [4] the Commission adopted an amended proposal following the first reading of the European Parliament.

[4] COM(1999) 616 final 25.11.1999.

At its session on 9th and 10th December 1999 the Council reached a political agreement on the proposal in view of the adoption of a Common Position.

At its session on 28th March 2000 the Council adopted the Common Position.

2. Background of the Commission's proposals

Note: The proposal dealt with in this Communication forms part of the so-called "infrastructure package" consisting of a proposal [5] for a Council directive amending Directive 91/440/EEC on the development of the Community's railways [6], a Council Directive amending Directive 95/18/EC on the licensing of railway undertakings [7] this Communication deals with and the proposal for a Council Directive on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification.

[5] COM(1998) 480 final 22.07.1998.

[6] Council Directive 91/440/EEC of 29 July 1991, OJ L 237, 24.8.1991, p. 25.

[7] OJ L 143, 27.6.1995, p. 70.

The Commission is of the opinion that because of the fact that some Member States have extended access rights going beyond the requirements of Article 10 of Directive 91/440/EEC, it is necessary to ensure fair, transparent and non-discriminatory treatment of all railway undertakings that may operate in this market by extending the licensing principles to all railway undertakings. Such a step is also necessary in order to achieve a "level playing field".

The modified Directive will therefore apply to all railway undertakings as long as they are not, either by the design of the network they are using or by their economic intentions, confined to transport operations that are of a purely local nature.

3. Modifications introduced into the text in relation to the amended proposals of the Commission

The Council amended the text by introducing the notion of 'relevant customs and tax provisions' and in particular 'customs transit' [8]. These insertions should recall the obligation for railway undertakings offering international freight transport services to abide by provisions relevant to customs procedures and taxes, being an important element of the European legislation.

[8] See recital 6, Article 6, forth indent and Article 13.

3.1. Comments

The Commission does not object to these insertions and deems them useful amendments.

4. Conclusion

The Commission took into account as much as possible the views of the European Parliament expressed during the first reading by taking up the amendment proposed in relation to Article 8 (insertion of the notion of non-discrimination) in its meaning.

The Commission is of the opinion that the overall compromise found by the Council after intensive discussions and efforts of three of its Presidencies is a well-balanced step forward in railway policy. It will contribute to a sustainable development of this mode of transport.

The Commission is convinced that this second step of reform of the legal framework for rail transport services represents an important step towards the creation of a "level playing field" for all rail transport enterprises and therefore issues a positive opinion.