A4-0077/96

Decision on the common position established by the Council with a view to the adoption of a Council Directive on the interoperability of the trans-European high-speed rail system (C4-0002/96 - 94/0112(SYN))

(Cooperation procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0002/96 - 94/0112(SYN),

- having regard to its opinion at first reading ((OJ C 43, 20.2.1995, p. 60.)) on the Commission proposal to the Council, COM(94)0107 ((OJ C 134, 17.5.1994, p. 6.)),

- having regard to the amended Commission proposal, COM(95)0271 ((OJ C 203, 8.8.1995, p. 13.)),

- 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 (A4-0077/96),

1. Amends the common position as follows;

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

(Amendment 1)

Recital 1a (new)

>Text following EP vote>

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 railway network;

(Amendment 2)

Recital 3a (new)

>Text following EP vote>

Whereas in April 1994 the Commission submitted a proposal for a European Parliament and Council Decision on Community guidelines for the development of the trans-European transport network (COM(94)0106), which also includes network schemes for the conventional railway network; whereas, therefore, once this decision enters into force, the Commission will also submit proposals for the interoperability of the conventional rail network, in particular with a view to removing obstacles to trans-frontier regional traffic;

(Amendment 3)

Recital 5

>Original text>

Whereas the commercial operation of high-speed trains requires excellent compatibility between the characteristics of the infrastructure and those of the rolling stock; whereas performance levels, safety, quality of service and cost depend upon such compatibility as does, in particular, the interoperability of the European high-speed rail system;

>Text following EP vote>

Whereas the commercial operation of high-speed trains requires excellent compatibility between the characteristics of the infrastructure and those of the rolling stock; whereas performance levels, safety, quality of service and cost depend upon such compatibility as does, in particular, the interoperability of the European high-speed rail system; 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;

(Amendment 4)

Recital 5a (new)

>Text following EP vote>

Whereas users must have easy access to the whole European high-speed railway network; whereas, therefore, the interoperability of the ticketing, reservation and information systems of the European high-speed railway network must also be guaranteed;

(Amendment 9)

Article 7, introduction

>Original text>

A Member State need not apply certain TSIs, including those relating to rolling stock, in the following cases and circumstances:

>Text following EP vote>

1. With the Commission's participation, a Member State need not apply certain TSIs, including those relating to rolling stock, in the following cases and circumstances:

(Amendment 12)

Article 7(d)

>Original text>

(d) in the case of a project for upgrading an existing line for high speed, where application of these TSIs compromises the economic viability of the project.

>Text following EP vote>

(d) in the case of a project for upgrading an existing line for high speed, where application of these TSIs compromises the economic viability of the project.

>Original text>

The Member State concerned shall notify its intended derogation to the Commission in advance and shall forward to it a file setting out the technical specifications or parts of specifications for interoperability which it wishes not to apply. The Commission shall examine whether the measures envisaged by the Member State are justified and shall take a decision in accordance with the procedure in Article 21(2).

>Text following EP vote>

The Member State concerned shall notify its intended derogation to the Commission in advance and shall forward to it a file setting out the technical specifications or parts of specifications for interoperability which it wishes not to apply.

2. In the cases referred to under (a) to (d) the Commission shall examine whether the measures envisaged by the Member State are justified and shall take a decision in accordance with the procedure in Article 21(2).

(Amendment 10)

Article 21

>Original text>

1. The Commission shall be assisted by a committee, composed of the representatives of the Member States and chaired by the representative of the Commission.

>Text following EP vote>

1. The Commission shall be assisted by an advisory committee for rail transport, composed of the representatives of the Member States and chaired by the representative of the Commission.

>Original text>

2. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.

>Text following EP vote>

2. The representative of the Commission shall submit to the standing committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft - if necessary, by taking a vote - within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be recorded in the minutes; in addition, any Member State may request that its position be recorded in the minutes.

>Original text>

The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.

>Text following EP vote>

The Commission shall take the utmost account of the committee's opinion. It shall inform the committee of the manner in which its opinion has been taken into account.

>Original text>

If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal relating to the measures to be taken. The Council shall act by qualified majority.

>Original text>

If, on the expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission, save where the Council has decided against the said measures by a simple majority.

>Original text>

3. The committee may discuss any matter concerning the interoperability of the trans-European high-speed rail system.

>Text following EP vote>

3. The committee may discuss any matter concerning the interoperability of the European high-speed rail system.

>Original text>

4. Should it prove necessary, the committee may set up working parties to aid it in carrying out its tasks, in particular with a view to coordinating the notified bodies.

>Text following EP vote>

4. Should it prove necessary, the committee may set up working parties to aid it in carrying out its tasks in particular with a view to coordinating the notified bodies.

>Original text>

5. The committee shall be set up as soon as this Directive enters into force.

(Amendment 11)

Annex III, point 2.7a (new)

>Text following EP vote>

2. 7a Users

2. 7a.1 Consumer protection

Information and offers concerning services must be transparent and guaranteed throughout the European high-speed rail network.