Directive 2001/13/EC of the European Parliament and of the Council of 26 February 2001 amending Council Directive 95/18/EC on the licensing of railway undertakings
Date: 2001-02-26
Institutions: Council of the European Union, European Parliament
Subjects: common transport policy, rail transport, trade licence, transport company, transport safety

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EN

Official Journal of the European Communities

15.3.2001

DIRECTIVE 2001/13/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Council Directive 95/18/EC on the licensing of railway undertakings

of 26 February 2001

THE EUROPEAN PARLIAMENT AND THE COUNCIL
OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 71 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of
Committee (2),

the Economic and Social

Having regard to the opinion of
Regions (3),

the Committee of

the

Acting in accordance with the procedure laid down in Article
251 of the Treaty (4), in the light of the joint text approved on
22 November 2000 by the Conciliation Committee,

Whereas:

(1)

(2)

Council Directive 91/440/EEC of 29 July 1991 on the
development of the Community’s railways (5) provides
for certain access rights in international rail transport
for railway undertakings and international groupings of
railway undertakings.

To ensure dependable and adequate services, a common
licensing scheme is necessary to ensure that all railway
undertakings meet at any time certain requirements in
relation
and
professional competence in order to protect customers
and third parties and offer services observing a high
standard of safety.

financial

repute,

fitness

good

to

(1) OJ C 321, 20.10.1998, p. 8, and
OJ C 116 E, 26.4.2000, p. 38.

(2) OJ C 209, 22.7.1999, p. 22.
(3) OJ C 57, 29.2.2000, p. 40.
(4) Opinion of the European Parliament of 10 March 1999 (OJ C 175,
21.6.1999, p. 119), confirmed on 16 September 1999 (OJ C 54,
25.2.2000, p. 56), Council Common Position of 28 March 2000
(OJ C 178, 27.6.2000, p. 23) and Decision of
the European
Parliament of 5 July 2000 (not yet published in the Official
Journal). Decision of the European Parliament of 1 February 2001
and Council Decision of 20 December 2000.

(5) OJ L 237, 24.8.1991, p. 25. Directive as amended by Directive
2001/12/EC of the European Parliament and of the Council (see
page 1 of this Official Journal).

(3)

(4)

(5)

(6)

(7)

rights

to ensure that access

In order
to railway
infrastructure are applied throughout the Community
on a uniform and non-discriminatory basis, Council
Directive 95/18/EC (6) introduced a licence for railway
undertakings providing the services referred to in Article
10 of Directive 91/440/EEC,
being
obligatory for the operation of such services and valid
throughout the Community.

licence

this

fair,

Since some Member States have extended access rights
going beyond Directive 91/440/EEC, it seems necessary
to ensure
and non-discriminatory
treatment of all railway undertakings that may operate
in this market by extending the licensing principles laid
down by Directive 95/18/EC to all companies active in
the sector.

transparent

In order better to fulfil
the information obligations,
Member States and the Commission should ensure
better
information for all Member States and the
Commission. Following common practice and a logical
interpretation of Directive 95/18/EC, the information to
be given by Member States and the Commission should
also cover licenses issued.

is

to

ensure

desirable

It
railway
undertakings that operate international goods transport
and tax provisions
customs
respect
applicable, in particular regarding customs transit.

relevant

licensed

that

the

In accordance with the principles of subsidiarity and
proportionality as set out in Article 5 of the Treaty, the
objectives of this Directive, namely to set out broad
principles for the licensing of railway undertakings and
the mutual recognition of such licences throughout the
Community, cannot be sufficiently achieved by the
Member
the manifestly
account
international dimension of issuing such licences and can
therefore, by reason of its trans-national implications, be
better achieved by the Community. This Directive does
not go beyond what
is necessary to achieve those
objectives.

States

on

of

(8)

Directive 95/18/EC should be amended accordingly,

(6) OJ L 143, 27.6.1995, p. 70.

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Official Journal of the European Communities

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HAVE ADOPTED THIS DIRECTIVE:

4) The following paragraph shall be added to Article 4:

Article 1

A licence shall be valid throughout the territory of

(cid:145)5.
the Community.(cid:146)

Directive 95/18/EC is hereby amended as follows:

1) Article 1 shall be replaced by the following:

(cid:145)Article 1

1.
This Directive concerns the criteria applicable to the
licences by a Member
issue, renewal or amendment of
State intended for railway undertakings which are or will
be established in the Community.

2. Member States may exclude from the scope of this
Directive:

a) undertakings which only operate rail passenger services
railway
regional

stand-alone

and

local

on
infrastructure;

railway undertakings which only operate urban or
suburban rail passenger services;

b)

c)

5) Article 6, fourth indent shall be replaced by the following:

to fulfil

social- or

(cid:145)(cid:151) has/have not been convicted of serious or repeated
failure
labour-law obligations,
including obligations under occupational safety and
health legislation, and customs-law obligations in case
of a company seeking to operate cross-border goods
transport subject to customs procedures(cid:146);

6) Article 11(8) shall be replaced by the following:

(cid:145)8. When a licensing authority issues, suspends, revokes
or amends a licence, the Member State concerned shall
immediately inform the Commission accordingly. The
Commission shall
inform the other Member States
forthwith(cid:146).

7) Articles 12 and 13 shall be replaced by the following:

railway undertakings whose activity is limited to the
provision of regional rail freight services that are not
covered by the scope of Directive 91/440/EEC;

(cid:145)Article 12

d) undertakings which only carry out freight operations
on privately owned railway infrastructure that exists
solely for use by the infrastructure owner for its own
freight operations.

3.
Undertakings the business of which is limited to
providing shuttle services for road vehicles through the
this
Channel Tunnel are excluded from the scope of
Directive.(cid:146)

2) Article 2(a) shall be replaced by the following:

(cid:145)a)

(cid:147)railway undertaking(cid:148) shall mean any public or private
undertaking the principal business of which is
to
provide services for the transport of goods and/or
the
passengers by rail with a
undertaking must ensure traction;
this also includes
undertakings which provide traction only(cid:146);

requirement

that

3. Article 3 shall be replaced by the following:

(cid:145)Article 3

Each Member State shall designate the body responsible for
issuing licences and for carrying out
the obligations
imposed by this Directive. The task of issuing licences shall
be carried out by a body which does not provide rail
transport services itself and is independent of bodies or
undertakings that do so.(cid:146)

In addition to the requirements of this Directive, a
1.
railway undertaking shall also comply with national
law
and regulatory provisions which are compatible with
Community law and are applied in a non-discriminatory
manner, in particular:

a)

b)

specific technical and operational requirements for rail
services;

safety requirements applying to staff, rolling stock and
the internal organisation of the undertaking;

c) provisions on health, safety, social conditions and the

rights of workers and consumers;

d)

requirements applying to all undertakings
in the
relevant railway sector designed to offer benefits or
protection to consumers.

A railway undertaking may at any time refer to the
2.
the compatibility of
the
Commission the question of
requirements of national
law with Community law and
also the question of whether such requirements are applied
in a non-discriminatory manner.
the Commission
considers that the provisions of this Directive have not
been fulfilled,
it shall deliver an opinion on the correct
interpretation of the Directive without prejudice to Article
226 of the Treaty.

If

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Official Journal of the European Communities

15.3.2001

Article 13

undertakings

Railway
agreements
applicable to international rail transport in force in the
Member States in which they operate. They also shall
observe the relevant customs and tax provisions.(cid:146)

respect

shall

the

reference on the occasion of
their official publication. The
methods of making such a reference shall be laid down by the
Member States.

Article 3

This Directive shall enter
publication in the Official Journal of the European Communities.

into force on the day of

its

Article 2

Article 4

This Directive is addressed to the Member States.

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this
Directive by 15 March 2003. They shall forthwith inform the
Commission thereof.

When Member States adopt these measures, they shall contain
a reference to this Directive or be accompanied by such

Done at Brussels, 26 February 2001.

For the European Parliament

The President

N. FONTAINE

For the Council

The President

A. LINDH