Opinion of the Commission pursuant to Article 251(2) (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Directive of the European Parliament and of the Council amending Council Directive 91/440/EEC on the development of the Community's railways, amending the proposal of the Commission pursuant to Article 250(2) of the EC Treaty
Date: 2000-09-15
Institutions: European Commission
Subjects: rail transport, single market, trans-European network, transport infrastructure

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 15.09.2000
COM(2000) 575 final

1998/0265 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2) (c) of the EC Treaty,
on the European Parliament's amendments
to the Council's common position regarding the
proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

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

AMENDING THE PROPOSAL OF THE COMMISSION
pursuant to Article 250 (2) of the EC Treaty

1.

HISTORICAL BACKGROUND OF THE PROPOSAL

On 22nd July 1998 the Commission adopted a proposal1 for a Council directive amending
Directive 91/440/EEC on the development of the Community’s railways2.

the Commission submitted this proposal

On 29th September 1998,
to the Council
[1998/0265 (COD)]. The purpose of the proposal was to clarify the separation of accounts
between infrastructure management and transport services, to introduce the separation of
accounts between passenger and freight transport services, and to ensure that a regulatory
function that determines access to railway infrastructure is carried out by bodies or
undertakings that do not provide rail transport services themselves. The proposal also clarified
the role of the State in providing railway infrastructure.

At its plenary session of 10th March 1999, the European Parliament approved the proposal
subject to amendments. After the entry into force of the Amsterdam Treaty on 1st May 1999,
the Parliament had to re-approve its first reading. The European Parliament finally approved
the Commission’s proposal at its plenary session on 15th September 1999.

The Economic and Social Committee and the Committee of the Regions adopted their
opinions on 26th May 19993 and 18th November 19994 respectively.

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

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 Position5, which was
presented to the European Parliament during its plenary session on 13th April 2000.

At its plenary session on 5th July 2000 the Parliament approved the common position subject
to amendments.

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 proposal6 for a Council directive amending
Directive 91/440/EEC on the development of the Community’s railways7 this Communication
deals with, a Council directive amending Directive 95/18/EC on the licensing of railway
undertakings8 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.

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2

3

4

5

6

7

8

COM(1998) 480 final 22.7.1998.
Council Directive 91/440/EEC of 29 July 1991; O.J. L237, 24.08.1991, p. 25.
OJ C 209, 22.7.1999, p. 22.
OJ C 057, 29.2.2000, p. 40
OJ C , p. .
COM(1998) 480 final 22.7.1998.
Council Directive 91/440/EEC of 29 July 1991; OJ L237, 24.8.1991, p. 25.
OJ L 143, 27.6.1995, p. 70.

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The Commission originally only intended to clarify the legal situation as regards the
separation between activities relating to infrastructure management and those activities
relating to transport operations. However, as far as market opening is concerned the
Commission has made a proposal in 19959.

3.

MODIFICATIONS INTRODUCED INTO THE TEXT IN RELATION TO THE COMMON
POSITION ADOPTED BY THE COUNCIL

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3.1.

Rejected Amendments

3.1.1.

Access rights and opening of the market

Amendments 25 (Recital 5), 26 (Recital 13a, new), 12 (Article 1 (11) referring to
article 10 (3)), 15 (Article 1 (11) referring to article 10 (6b) new) and 16 (Article 1
(11) referring to article 10 (6c) new)

The Commission always tried to make clear that one of the final goals of its transport policy
is to finalise the internal market, also in the rail transport sector. The Commission recognises
that it depends on the transport services offered whether a co-operation between railway
undertakings is needed to deliver a proper service to customers or whether competition
between railway undertakings helps to render services needed more customer-orientated.

The Commission is of the opinion that the compromise found at the Council by way of the
definition of the Trans-European Rail Freight Network (TERFN) with its multitude of
elements (ports, maps, feeder and deviation lines etc.) represents a considerable step forward.
It also recognises the political effort linked to this for some Member States.

The Commission welcomes the fact that the European Parliament shares the Commission’s
view as regards the final goal. However, the Commission wishes to secure the compromise
found by Council. Therefore, it considers appropriate to pursue market opening through
TERFN.

The Commission therefore rejects the amendments concerned.

3.1.2. Derogations for various Member States

Amendments 4 (Recital 13) and 18 (Article 1 (17) referring to article 14a)

The Commission agrees with the European Parliament
the principle “one law for
everybody” should be applied as much as possible but finds the derogations proposed well
balanced and proportionate. The Commission wishes to underline that the derogations are
limited in time.

that

The Commission therefore rejects the amendments concerned.

9

10

Proposal for a Council Directive amending Directive 91/440/EEC on the development, of the
Communitys railways, COM(1995)337 final.
Numbering and order of amendments follows document A5-173/2000 (EP minutes of 5/7/2000,
provisional edition).

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3.1.3. Overseeing the fulfilment of public service obligations

Amendment 19 (Annex II, 4th indent (new))

The Commission deems that a mixture between the oversight of the fulfilment of public
service obligations and the prime objective of directive 91/440/EEC, which is to revitalise the
Community’s railways is something which should be avoided and therefore rejects
amendment 19.

3.2.

Accepted amendments

The Commission accepts amendments 3 (Recital 10), 9 (Article 1 (7) referring to article 6
(5)), 11 (Article 1 (8) referring to article 7 (5)), 13 (Article 1 (11) referring to article 10 (4),
first subparagraph), 14 (Article 1 (11) referring to article 10 (6a) new), 17 (Article 1 (13)
referring to section V a) and particularly welcomes amendment 8 (Article 1 (7) referring to
article 6 (4)).

4.

CONCLUSION

Under the terms of Article 250(2) of the EC Treaty, the Commission amends its proposal
according to the above.

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