WRITTEN QUESTION E-4008/00 by Robert Goebbels (PSE) to the Commission. Impact of the German Indusi provisional security systems on rail links with the Federal Republic.
Date: 2000-12-21
Institutions: European Parliament, Provisional data
Subjects: Germany, approximation of laws, cross-border transport, rail transport, safety device, safety standard, signalling device

18.9.2001

EN

Official Journal of the European Communities

C 261 E/17

Answer given by Mr Monti on behalf of the Commission

(28 March 2001)

The Commission has already considered questions concerning obligatory membership of and differences in
membership fees for various Chambers of Industry and Commerce (Industrie- und Handelsskammern (cid:129)
IHK) several times. The competition rules of the EC Treaty concern primarily the behaviour of under-
takings or groups of undertakings. This is evidenced by the fact that the relevant Treaty provisions come
into play in situations where there are restrictions of competition caused by agreements or concerted
practices between undertakings, decisions by associations of undertakings, or the abuse of a dominant
position by an undertaking. Furthermore, EC competition rules are only applicable when there is an
appreciable effect on inter-state trade.

In Germany, the requirement of compulsory membership of a Chamber of Industry and Commerce and
the principles governing the collection of membership fees for same are governed by legislation. The level
of membership fees is determined within this legislative framework. Insofar as differences in the levels of
fees for various Chambers of Industry and Commerce exist, these are based neither on agreements or
concerted practices between undertakings, nor on a decision of an association of undertakings made up of
Chambers of Industry and Commerce. Abuse of a dominant position is automatically ruled out by virtue of
the fact that Chambers of Industry and Commerce are not considered to be undertakings for the purposes
of EC competition rules.

The Commission has already replied to VIHK(cid:146)s (Verband der innovativen Kfz-Unternehmer und Handels-
vertreter e.V (cid:129) Association of innovative motor vehicle entrepreneurs and sales representatives) letter on
2 May 2000. To address the content of that letter, the Commission is not dealing with any application for
negative clearance or exemption. Only the Chambers of Industry and Commerce would have the right to
file such an application, but they have not done so. Besides, due to the legal situation described above, an
application would be neither necessary nor appropriate. Consequently, the Commission has no documents,
the handing over of which it could refuse or delay.

(2001/C 261 E/017)

WRITTEN QUESTION E-4008/00

by Robert Goebbels (PSE) to the Commission

(21 December 2000)

Subject: Impact of the German (cid:145)Indusi(cid:146) provisional security systems on rail links with the Federal Republic

From 1 January 2001, the Federal Republic of Germany will be introducing the new safety system called
(cid:145)Indusi(cid:146) on all trains circulating in the country. Praiseworthy as the measure being taken of course is, it is
going to cause many problems for the neighbouring rail networks, who will not be able to use their rolling
stock on German railway lines since they do not possess the new system.

The regional Metz to Sarrebrucken or Luxembourg to Trier rail links, like many other international rail
links, will be affected by the Federal Transport Ministry(cid:146)s refusal to extend the current authorisations
enjoyed by regional trains beyond 31 December 2000, until new rolling stock equipped with the Indusi
system is available.

In view of the above, can the Commisssion answer following:

1. Does the attitude of the German authorities, the entirely understandable safety considerations which
dictate it notwithstanding, not infringe the freedom of movement of persons and the provision of a
cross-border public rail service?

2. Does the Commission not intend to urge the German authorities to grant other railway companies a
transition period to allow them to carry out the adjustments needed to meet the new German safety
rules?

3. Does the (cid:145)Indusi(cid:146) affair not demonstrate just how necessary it is to harmonise safety and other

operating conditions within the internal market of the EU (and the applicant countries)?

C 261 E/18

Official Journal of the European Communities

EN

18.9.2001

Answer given by Mrs de Palacio on behalf of the Commission

(8 March 2001)

The railways of the Member States have all been developed as national systems with different standards
concerning electrification, signalling, loading gauge and other basic parameters. The signalling and safety
systems differ from network to network and obstruct the interoperability of locomotives and trainsets.
Generally a locomotive used in cross-border services must be fitted with the equipment necessary to
comply with the various train protection systems in use on the networks, which is the case with the Thalys
and Eurostar trains operating between Belgium, Germany, France,
the Netherlands and the United
Kingdom. The safety requirements of the networks are laid down in national legislation and have to be
applied in a non-discriminatory manner to all operators.

The present situation represents, however, a major obstacle to the development of an interoperable trans-
European rail system and has been the subject of several initiatives of the Commission during the last
years. Since 1990 the Community has stimulated, also financially, the development of a harmonised
European Rail Traffic Management System (ERTMS) that should remove one of the major technical
obstacles to the circulation of trains across the borders. Council Directive 96/48/EC of 23 July 1996, on
the interoperability of the trans-European high-speed rail system (1) provides for the establishing of
technical specifications for interoperability (TSI) of subsystems, e.g. control/command and signalling, of
the high-speed system. ERTMS will be the future standard for the signalling system of the European high-
speed rail system. A similar Directive on the interoperability of the conventional trans-European rail
system (2) was proposed last year and is expected to be adopted early in 2001. In 2001 the Commission
also intends to make a proposal on the harmonisation of safety regulations in the Member States.

Indusi is the train protection system which has been in use in Germany for many years. Generally it is a
requirement under the relevant German legislation that locomotives running on the network be fitted with
the Indusi equipment. The regional services referred by the Honourable Member are operated by the
French and German railways, SociØtØ nationale des chemins de fer fran(cid:231)ais (SNCF) and Deutsche
Bundesbahn (DB). DB has since September 1996 been granted a temporary exemption from the German
regulations, due to a delay in the adaptation of the French locomotives, which are normally equipped with
KVB, the corresponding French safety system. To ensure a comparable safety level the railway operator has
been obliged to provide an assistant to accompany the driver on the German lines. The question refers to
the latest expiry of this exemption. According to information from the German Ministry of Transport the
exemption was renewed on 30 November 2000 for a new two-year period, after which it is expected that
the French locomotives will be equipped with Indusi.

The proposed Directive on conventional rail interoperability aims at harmonising the signalling and safety
systems of the networks, thus making it unnecessary in the future to multiply safety equipment for traction
units running across borders.

(1) OJ L 235, 17.9.1996.
(2) OJ C 89 E, 28.3.2000.

(2001/C 261 E/018)

WRITTEN QUESTION E-4010/00

by Erik Meijer (GUE/NGL) to the Commission

(21 December 2000)

Subject: Routing of Prague-Dresden motorway via nature reserve and Czech eligibility for joint financing

1.
Is the Commission aware of the Czech government(cid:146)s intention to route the D8 motorway, which will
connect Prague with the German city of Dresden, through the Elbe (Labe) river valley, with the result that
the protected landscape and nature reserve of CeskØ Stredohor(cid:237) in the unique Bohemian low mountain
range of volcanic origin close to the German border will be cut in two?