Proposal for a Council Directive amending Directive 91/440/EEC on the development of the Community's railways
Date: 1998-07-22
Institutions: European Commission
Subjects: common transport policy, freedom to provide services, rail transport, trade licence, transport company

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

CORRIGENDUM 
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La cote interinstitutionnelle 
98/0265(COD) du document 
COM(1998)480 final du 22.07.1998 
doit se lire 98/0265 (SYN). 
Concerne toutes les versions linguistiques. 

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Proposal for a 
COUNCIL  DIRECTIVE 

amending Directive 91/440/EEC on the development 
of the Community's railways 

Proposal  for a 
COUNCIL  DIRECTIVE 

amending Directive 95/187EC on the licensing of 
railway  undertakings 

Proposal for a 
COUNCIL  DIRECTIVE 

relating to the allocation of railway infrastructure  capacity 
and the levying of charges for the use of railway  infrastructure 
and safety  certification 

COMMISSION  WORKING  PAPER 

explanation of the individual articles in the proposal for a Directive relating 
to the allocation of railway infrastructure  capacity and the levying of charges 
for the use of railway infrastructure  and safety  certification 

(presented by the Commission) 

98/0265 (SYN) 

Proposal for a 
COUNCIL DIRECTIVE 

amending Directive 91/440/EEC on the.development 
of the Community's railways 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 75 'thereof, 

Having regard to the proposal of the Commission4, 

Having regard to the opinion of the Economic and Social Committee5, 

Acting  in  accordance  with  the  procedure  laid  down  in  Article  189c  of  the  Treaty  in 
cooperation with the European Parliament6, 

1.  Whereas Council  Directive  91/440/EEC7  should  be amended  to  take  account of 
experience  with  its  implementation  and  of  developments  in  the  railway  sector 
since its adoption, in order to ensure that its objectives are achieved; 

2.  Whereas, in order to promote  the efficient  operation and development  of the two 
distinct  activities  of  provision  of  transport  services  and  of  infrastructure 
management, to  make transparent  the use to which  public  funds  for  the railway 
sector are put, and to create a solid basis for infrastructure  charges, it is necessary 
to  separate  both  the  profit  and  loss  accounts  and  the  balance  sheets  of  the 
two activities; 

3.  Whereas 

it 

is  necessary 

the 
international groupings which  they  constitute  provide  the  services  referred  to in 
Article  10 of Directive 91/440/EEC, they benefit  fully  from  the access rights laid 
down in that Article; 

railway  undertakings  and 

that,  where 

4.  Whereas, to this end, all railway undertakings and international groupings must be 
treated on a fair and non-discriminatory basis as concerns activities that condition 
access to  infrastructure,  and,  consequently,  the laying-down  and  enforcement  of 
safety  rules  should  be  carried  out  by  independent  bodies  or  undertakings  that 
.themselves do not provide rail transport services; 

5.  Whereas, to promote efficient  management of infrastructure  in the public interest, 
infrastructure  managers  should  be  given  a  status  independent  of  the  State, and 

4  OJC 
5  OJC 
6  OJ  c 
7  OJL 237, 24.8.1991, p. 25. 

12 

ISSN 0254-1475 

COM(98) 480/2  final 

EN 

0,7  66 

Î©-

Catalogue  number  :  CB-CO-98-570-EN-C 

ISBN  92-78-39673-7 

Office  for Official  Publications of the European Communities 

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