Amended proposal for a COUNCIL DIRECTIVE on the interoperability of the European high-speed train network
Date: 1995-06-15
Institutions: European Commission
Subjects: harmonisation of standards, high-speed transport, rail transport, technical regulations, trans-European network, transport safety

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

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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 : 

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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 : 

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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. 

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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 
inter 
operability  of  the  conventional  rail  net 
work,  in  particular  with  a  view  to  remo 
ving  obstacles  to  transfrontier  regional 
traffic; 

the 

for 

<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, 
inter 
in  particular, 
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; 

the 

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 
21  days  after 
Official  Journal  of 
Communities. 

into  force 
in  the 
the  European 

its  publication 

This  Directive  shall  enter 
21  days  after 
Official  Journal  of 
Communities. 

into  force 
in  the 
the  European 

its  publication 

VII. 

2. 

Annex VIII (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 
the  checking 
must  carry  out 
operations  with 
the  greatest 
possible  professional  integrity  and 
technical 
the  greatest  possible 
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 
independent 
legally 
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 
that  are 
the  means 
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 
that  are 
the  means 
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 : 

The  staff  responsible  for  checking 
shall possess : 

-  proper technical and vocational 

-  proper technical and vocational 

training, 

training, 

-  a satisfactory  knowledge of the 
requirements  relating  to  the 
checks  that  it  carries  out  and 
those 
sufficient  practice 
checks, 

in 

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the  abilities  needed  in order to 
draw  up  certificates,  records 
and  reports  which  are  the 
tangible outcome of the inspec 
tions conducted. 

-  a satisfactory  knowledge of the 
requirements  relating  to  the 
checks  that  it  carries  out  and 
those 
sufficient  practice 
checks, 

in 

- 

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  performance  of 

The  staff  of  that  body  are  bound 
by professional  confidentiality  with 
regard to everything that they learn 
in 
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 
the 
Directive. 

implementing 

law 

the  performance  of 

The  staff  of  that  body  are  bound 
by  professional  confidentiality  with 
regard to everything that they learn 
in 
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 
the 
Directive. 

implementing 

law 

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COM(95) 271 final 

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