Opinion of the Committee of the Regions on:the Communication from the Commission to the Council and the European Parliament: Towards an integrated European railway area,the Proposal for a Directive of the European Parliament and of the Council on safety on the Community's railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification,the Proposal for a Directive of the European Parliament and of the Council amending Council Directive 96/48/CE and Directive 2001/16/EC on the interoperability of the trans-European rail system,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,the Proposal for a Regulation of the European Parliament and of the Council establishing a European Railway Agency, andthe Recommendation for a Council Decision authorising the Commission to negotiate the conditions for Community accession to the Convention concerning International Carriage by Rail (COTIF) of 9 May 1980, as amended by the Vilnius Protocol of 3 June 1999
Date: 2002-10-10
Institutions: European Committee of the Regions
Subjects: Community certification, charges for use of infrastructure, harmonisation of standards, rail transport, technical rule, trans-European network, transport capacity, transport policy, transport safety

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The CoR considers that as well as gender and race, all other
social groups referred to in Article 13 of the EC Treaty should
i.e. on
be afforded legal protection from discrimination,
grounds of age, disability, religion or belief, and sexual
orientation, and calls for specific initiatives to be taken to this
effect.

Strengthening the social policy aspects of enlargement and of the
European Union’s external links

2.20.
The Committee of the Regions feels it is important to
take account of the challenges which the enlargement of the
EU can involve, especially on social issues. It therefore endorses
the work of evaluating and monitoring the social situation and
the adoption of the acquis in the social sphere in the applicant
countries.

Brussels, 10 October 2002.

The President

of the Committee of the Regions

Albert BORE

Opinion of the Committee of the Regions on:

— the ‘Communication from the Commission to the Council and the European Parliament:

Towards an integrated European railway area’,

— the ‘Proposal for a Directive of the European Parliament and of the Council on safety on the
Community’s railways and amending Council Directive 95/18/EC on the licensing of railway
undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity
and the levying of charges for the use of railway infrastructure and safety certification’,

— the ‘Proposal for a Directive of the European Parliament and of the Council amending
Council Directive 96/48/CE and Directive 2001/16/EC on the interoperability of the trans-
European rail system’,

— 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’,

— the ‘Proposal for a Regulation of the European Parliament and of the Council establishing a

European Railway Agency’, and

— the ‘Recommendation for a Council Decision authorising the Commission to negotiate the
conditions for Community accession to the Convention concerning International Carriage
by Rail (COTIF) of 9 May 1980, as amended by the Vilnius Protocol of 3 June 1999’

(2003/C 66/02)

THE COMMITTEE OF THE REGIONS,

having regard to the Communication from the Commission to the Council and the European Parliament:
Towards an integrated European area (COM(2002) 18 final);

having regard to the proposals for Directives on safety on the Community’s railways, (COM(2002) 21
final — 2002/0022 (COD)), the interoperability of the trans-European rail system (COM(2002) 22 final
— 2002/0023 (COD)), amending Council Directive 91/440/EEC on the development of the Community’s
railways (COM(2002) 25 final — 2002/0025 (COD));

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having regard to the proposal for a Regulation of the European Parliament and of the Council establishing
a European Railway Agency (COM(2002) 23 final — 2002/0024 (COD));

having regard to the Recommendation for a Council Decision on negotiating the conditions for
Community accession to the Convention concerning International Carriage by Rail (COTIF) (COM(2002)
24 final);

having regard to the Commission Decision of 24 January 2002 and the Council Decision of 21 and
22 February 2002, to request the Committee of the Regions’ opinion on this subject under Article 265
(1) and Article 71 of the Treaty establishing the European Community;

having regard to its Bureau’s decision of 6 February and 12 March 2002, to entrust the Commission for
Territorial Cohesion Policy with the task of drawing up the relevant opinion;

having regard to its earlier Opinion on the Proposal for a Directive of the European Parliament and of the
Council on the interoperability of the trans-European conventional rail system (COM(1999) 617 final —
1999/0252 COD) (CdR 94/2000 fin) (1);

having regard to its earlier Opinion on the White Paper — European transport policy for 2010: time to
decide (COM(2001) 370 final) (CdR 54/2001 fin) (2);

having regard to its earlier opinion on the Proposal for a Regulation of the European Parliament and of
the Council on the granting of Community financial assistance to improve the environmental performance
of the freight transport system (COM(2002) 54 final — 2002/0038 (COD)) (CdR 103/2002 fin);

having regard to the Draft Opinion adopted by the Commission for Territorial Cohesion Policy on
24 June 2002 (CdR 97/2002 rev.) (rapporteurs: Mr Soulage -F/PES, Member of the Regional Council of
Rhône-Alpes, and Mrs Clucas — UK/ELDR, Liverpool City Council),

adopted the following opinion at its 46th plenary session (meeting of 10 October 2002).

1. General comments

1.1.
The Committee of the Regions is pleased to see
the efforts made to promote and implement an integrated
European railway area — a necessary precondition for
renewing the dynamism of a transport mode which is essential
in terms of a sustainable transport policy in the European
Union, as described in the White Paper.

1.2.
As regards the future measures planned to reinvigorate
the rail market, presented in the second part of the Communi-
cation Towards an integrated European railway area,
the
Committee of the Regions shares the Commission’s views on
the need to improve the quality of service provided by rail
freight enterprises, particularly through transport contracts
which pay more attention to customers’ expectations, through
incentives and through penalties for poor quality service.
However, while price, speed and quality are unavoidable
factors in making railways more attractive, the Committee of
the Regions stresses the need for an overall approach to all
transport modes, in order to formulate a consistent, complete
framework for organisation, regulation and pricing of freight
transport, which may serve, above all, to promote the attract-
iveness of rail,
inland waterway and short sea shipping
transport, as well as combined transport.

Such an approach makes it necessary to consider the
1.3.
transport chain as a whole, from point of origin to final

( 1) OJ C 317, 6.11.2000, p. 22.
( 2) OJ C 107, 3.5.2002, p. 51.

destination, paying particular attention to the level of service
provided throughout the journey, through the multimodal
platforms for loading and final distribution, but also to the
accessibility from peripheral regions to main rail routes,
eliminating bottlenecks. There are regional concerns over
heavy traffic in transit corridors such as mountainous areas,
urban areas and environmentally sensitive areas.

In this respect, it can be very helpful to set up interregional
cooperations for each corridor, who could manage the removal
of bottlenecks in a unitary way, directly involving local
populations, carrying out the necessary infrastructure work
directly, and starting with the main railway line, in preparation
for initiatives designed to link up with national rail networks.

1.4.
However, it is important that the priority allocation
of train paths to long-distance rail freight should remain
compatible with two goals: that of reducing the overall journey
time of the freight services concerned, and that of increasing
the attractiveness of passenger rail services, particularly those
serving large conurbations. Effective use of the train paths
available presupposes a harmonisation of speeds, together
with an effort to detect all sources of immobilisation (shunting
and marshalling operations, etc.). That is why the Committee
of the Regions reaffirms its support for the priority given to
the implementation of the Trans-European Rail Freight Net-
work — the backbone of an integrated system based on the
quality of service provided.

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1.5.
The COR notes that the share of rail freight has
declined as the needs of freight customers for higher quality,
more timely deliveries, etc have increased. It is the view of the
CoR that measures to improve the quality of service delivered
by railway undertakings are paramount and that without such
accompanying measures rail freight will continue to decline.

1.6.
The essential requirements as regards the areas crossed
— and also with a view to boosting rail’s share of the transport
market — are improvement of the environmental performance
of this mode of transport (noise and atmospheric pollution)
and the maintenance of a high standard of safety. The
Committee of the Regions will be particularly attentive to
these aspects, which are of direct concern to local people and
local authorities, encouraging the direct participation of those
authorities in interregional cooperations that deal with these
issues at first hand.

In the field of international passenger transport, the
1.7.
development of high-speed services connecting the regions is
an initiative to be encouraged with a view to sustainable
development; however, this must be part of a scheme providing
the regions with a high quality service based on the timetable
frequencies.

1.8.
It is also necessary to encourage the development of
cross-frontier services for the commuter market, which is far
from negligible.
It must be made easier for the regions
concerned to reach agreements with one another to guarantee
a high level of quality and the viability of services.

1.9.
The Committee of the Regions welcomes the proposals
for mutual recognition of training of railways staff, without
which the Committee of the Regions does not believe that a
true EU wide railways system can be developed. It is noted,
however, that Article 12 of the proposed Safety Directive
does not set specific requirements for language training or
competency for safety critical or front line staff operating
international train services.

1.10.
The Committee of the Regions would like to see
further proposals from the Commission for specific training
and certification of competency in appropriate languages for
safety critical and front line staff involved in operation of
international rail services.

1.11.
The Committee of the Regions welcomes the need to
reinforce the investment in the railways across the EU, but
wishes to emphasise that particular regard has to be given to
the economic, social and territorial cohesion of such invest-
ment. The Committee of the Regions wishes to emphasise that
the development of the Union’s rail infrastructure should
benefit in particular lagging and peripheral regions, while
having regard to EU competition and state aids rules. Invest-
ment which would further concentrate economic development
in the heart of Europe would not be acceptable to the
Committee of the Regions.

1.12.
The Committee of the Regions notes the importance
of high quality rail services to the protection of the environ-
ment, especially in mountainous regions and other regions of
outstanding natural beauty. It calls on the Commission to
produce proposals for infrastructure charging for both rail and
road which properly take into account the environmental
impacts of each mode, with a view to reducing the overall
level of noise and adverse environmental impacts from trans-
port, and encouraging the electrification of railways serving
environmentally sensitive regions so that the use of electric
traction can be maximised for traffic flows through these
regions.

1.13.
In connection with the proposals for infrastructure
charging, the Committee of the Regions does, however, also
expect that the impact which the imposition of varying levels
of charges on users would have on transport prices and
consequently on the competitiveness of EU-based enterprises
will be carefully analysed and that an appropriate framework
for ensuring fair territorial conditions of competition will be
established as quickly as possible.

2. Comments on the various proposals

2.1. Rail transport safety

2.1.1. While the Committee of the Regions welcomes the
move to improve safety on the EU railways, the Committee of
the Regions would wish to emphasise that such a system
should not lead to minimum standards, acceptable to all
member states. The Committee strongly supports moves to
improve and the setting of challenging safety standards to
ensure that EU citizens and SMEs can have confidence in the
EU railways systems.

The Committee of the Regions agrees there is a need
2.1.2.
to harmonise safety regulations for the whole of the European
Union, with a view to a gradual opening-up of rail networks
to a number of operators for international freight services.

2.1.3.
the clear
The definition of common standards,
allocation of powers and responsibilities to governments,
infrastructure managers and rail operators, and transparency
as regards the standards required and the capabilities of
operators, are essential factors for ensuring a high level of
safety in this transport mode.

The creation of national safety authorities to regulate
2.1.4.
and monitor safety, and their coordination at European level,
are steps in the right direction. While in the longer term it is
desirable to establish a single Community safety certificate, it
is important to ensure that in this transitional phase the
national certificates issued by each government guarantee that
national rules are respected, that rolling stock conforms to
standards and that staff holding the certificate are competent.

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2.1.5.
The Committee of the Regions wishes to draw the
attention of the Commission to the problems in terms of
safety, negative impact on passengers and lack of clear
accountabilities which could result from the privatisation and
subsequent fragmentation of the rail
industry, as recently
experienced in the UK.

2.1.6. With a view to protecting areas and the people living
in them, the Committee of the Regions trusts that the local
and regional authorities, which are responsible for local
policies on transport and land-use, will be fully associated with
the definition of common safety targets (CST), with regard to
the exposure of inhabitants to risks inherent in rail freight
traffic, particularly as regards journeys through sensitive or
densely populated areas, and for sections of rail networks
where passenger trains operate.

The Committee of the Regions welcomes the pro-
2.1.7.
the Safety Directive for
posals set out in Chapter V of
independent investigations of accidents and incidents on the
railways. The Committee of the Regions agrees strongly with
the statement that such investigations shall
in no case be
concerned with apportioning blame or liability.

2.1.8.
The Committee of the Regions is strongly of the view
that factual investigation of an accident should not be hindered
or delayed by judicial proceedings, to ensure any safety issues
arising from this factual
investigation can be considered
and recommendations implemented as soon as reasonably
practicable. Indeed, the Committee of the Regions is of the
view that there must be two separate processes, i.e. a factual
investigation of the cause of the accident, which would make
appropriate recommendations to prevent or mitigate future
occurrences, and, where necessary, a judicial process to
apportion criminal liability.

2.1.9.
It is therefore desirable, when drawing up the CST
and the common safety methods (CSM) relating to risks to the
community, that there should be a clear statement that local
and regional authorities are associated with drawing up the
national targets and methods, which fall within the scope of
national safety authorities.

It is also important for the draft directive to state
2.1.10.
clearly that the local and regional authorities concerned (on an
equal footing with the other actors concerned) must receive
information on the surveys and the results. Similarly, it must
be possible for them to participate in the work involved in
these surveys if they so desire.

2.2.

Interoperability of networks

The Committee of

2.2.1.
the Regions agrees that the
lack of interoperability of the Union’s railways is a major
impediment to the further development of a truly European
railway system. The provisions for mutual rolling stock safety

certification are welcomed, as is the current trend towards
purchasing standardised designs of rolling stock capable of
operation across national borders where loading and track
gauge constraints permit. While awaiting the adoption of the
various Technical Specifications for Interoperability (TSI),
attention must be given to mutual recognition procedures
between Member States to avoid dysfunctions with can
prejudice the safety of traffic, particularly in the case of mixed
traffic (passengers and freight).

2.2.2.
The Committee of the Regions welcomes the current
moves to work pro-actively with the candidate countries and
beyond to achieve interoperability.

2.2.3.
The Committee of the Regions approves the guide-
lines proposed for defining the TSI, and the establishment of a
system for the registering of infrastructure and rolling stock,
which is necessary for greater transparency.

2.2.4.
The Committee of the Regions also takes the view
that the adoption of the TSI is likely to harmonise the supply
of rolling stock, and hence to broaden the choice of supplies
and increase the size of production runs; this would encourage
a reduction in the price of rolling stock, thereby improving the
productivity of the sector.

2.2.5.
The CoR is, however, concerned at the absence of a
clear, realistic timetable for adoption and implementation of
the TSI, particularly with a view to extending the TSI to the
entire conventional network. Article 2 of the draft directive on
interoperability proposes the amendment of Article 1 of
Directive 2001/16/EC by adding a paragraph with would
introduce such an extension with effect from 1 January 2008.

Local and regional authorities are often associated
2.2.6.
with the funding of infrastructure and rolling stock, including
on the conventional network, and it is important to assess the
cost of technical standardisation, both in terms of interoperabi-
lity and in terms of safety. In particular, it is important that
this financial burden should not be such as to jeopardise the
priorities laid down earlier, particularly in terms of overcoming
bottlenecks and of creating access links with the trans-
European freight network for peripheral regions. The Com-
mittee of the Regions hopes that a prior study will be made of
the financial impact of such an extension to the conventional
network, so as to define realistic priorities for generalising
interoperability. It must be borne in mind that, because of the
mixture of passenger and freight traffic on railway networks,
the application of TSI will equally concern national and
regional passenger
therefore involve
transport, and will
upgrading the rolling stock concerned.

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2.2.7.
Although the draft directive stipulates that taking the
TSIs into account applies in the first place only to new
infrastructure (including repair and maintenance work) and to
the acquisition of new equipment, the real opening up of the
conventional network will be effective only when the technical
standardisation of infrastructure and rolling stock has been
carried out. Given the present pace of renewal and works, the
suggested acceleration of the timetable laid down at the time
of the first rail package does not seem advisable.

2.3.6.
The Committee of the Regions would like to see
further proposals from the Commission regarding the role
of the proposed European Railway Agency in relation to
independent investigations into serious and fatal accidents,
with a view to ensuring that a common database of recommen-
dations are held at the European level. Also, the Committee
of the Regions would expect further proposals from the
Commission regarding whether recommendations from inde-
pendent
investigations should be implemented across the
Union.

Adoption of the TSIs is thus a precondition for
2.2.8.
ensuring that the adaptation of rolling stock (or the replace-
ment of older rolling stock) is in line with the new interoperabi-
lity rules. Similarly, a reasonable timescale, of the order of five
years, must be provided for the planning of the necessary
investment, which can be a particularly heavy burden for
certain regions.

2.3.

Establishing a European Railway Agency

2.3.1.
The Committee of the Regions endorses the establish-
ment of a technical agency responsible for helping the
Commission and the Member States to harmonise the rules on
safety and interoperability of the networks, with a view to
creating a truly integrated railway area in Europe.

It is, however, necessary to ensure that the resources
2.3.2.
available to this agency would be commensurate with the tasks
entrusted to it, and that its power of investigation would be
compatible with the laws of the various Member States.

2.3.3.
The Committee of the Regions recommends that
the European Railway Agency be remitted to ensure that
liberalisation should not lead to a reduction in safety expendi-
ture or in investment in fixed infrastructure on the rail
network, and is applied in a way which maintains the full
range of network benefits for passengers and freight customers.

2.3.4.
The Committee of the Regions notes with concern
the impact on Channel Tunnel freight traffic of the failure by
the French and UK governments to prevent asylum seekers
attempting to reach the UK through the Channel Tunnel,
which has led to a significant reduction in the number of cross
channel freight services.

2.3.5.
In view of likely increases in asylum seekers and
increased labour mobility from within the EU, the Committee
of the Regions would wish to see an examination of the need
for an international group of experts, possibly within the
to examine security
proposed European Railway Agency,
issues and common policing methods across the Union’s
railways as is the case for aviation.

2.4. Community accession to the Convention concerning Inter-

national Carriage by Rail (COTIF)

2.4.1.
The Committee of the Regions endorses the rec-
ommendation for a Council decision authorising the Com-
mission to negotiate the conditions for accession to the COTIF,
although the Community’s accession would depend on the
entry into force of the Vilnius Protocol.

2.5. Amendment of Directive 91/440/EEC on the development of

the Community’s railways

2.5.1.
The Committee of the Regions notes the desire on
the part of the Commission and the Parliament to speed up
the process of opening up the rail freight market (including
the national market) throughout the conventional network,
thereby casting doubt on the timetable negotiated when the
first rail package was adopted, and on the definition of the
trans-European rail freight network, even before the planned
assessment of the impact of this first major reform takes place,
and when the 2001 directives have not been fully transposed
into national law.

The Committee of the Regions takes the view that
2.5.2.
there is no urgent need to change the priorities established
earlier: on the one hand, these do not prevent countries from
opening up the rail freight market if they so desire, and their
networks could be rapidly brought in line with the TSIs; on
the other, they allow a realistic adaptation period for traditional
operators in certain Member States. The arrangements put in
place by the first rail package authorise each state to decide on
the opening up of its national freight market in accordance
with its internal situation and the prospects for development
of rail freight. Earlier opening up of the national markets
would tend in some cases to weaken the financial situation of
the traditional operators now involved in comprehensive
restructuring, and this would have a negative impact on jobs.

2.5.3.
The Committee of the Regions points out that the
promotion of rail freight is part of an overall approach in
which the various measures, particularly those specified in the
‘Marco Polo’ programme, must be taken together, whether
they concern the charges for using road and rail infrastructure,
harmonisation of and respect
the
implementation of interoperability and of common safety
rules, or overcoming the capacity constraints and access
problems of peripheral regions. An early, generalised opening
up of national freight markets independently of the other

legislation,

for social

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conditions mentioned above is not likely to improve the
competitiveness of rail in relation to other transport modes,
and could lead to a process whereby traditional operators are
replaced by new ones on the more profitable markets, thus
weakening the former, although certain aspects of it could be
positive (e.g. the development of small
local operators at
regional
level). However, this trend could strengthen the
discrimination against the weaker regions in terms of access to
efficient services.

2.5.4.
Consequently, the Committee of the Regions is not
in favour of changing the timetable laid down when the
first rail package was adopted, and thinks it preferable to
concentrate on the implementation of the trans-European
international freight network as originally defined.

2.5.5.
The Committee of the Regions thinks it preferable
for the timetable for implementing this directive to respect the
original provisions, i.e. for it to depend on approval of the
Commission report assessing the application of the earlier
directives (report to be published by 15 March 2005 under
Article 14 of Directive 91/440/EEC).

3. Proposed changes

The Committee of the Regions therefore proposes the follow-
ing changes:

3.1.

To the draft directive on rail safety

3.1.1.

Add to Article 4(1):

‘For the drawing up of national safety rules covering risks to
the community, the local and regional authorities concerned
shall be associated with defining the objectives and methods
for which national safety authorities are responsible.’

3.1.2. Modify Article 12(1) as follows:

‘Train drivers, safety critical staff and staff accompanying the
trains of a ...’

Brussels, 10 October 2002.

3.1.3. Modify Article 12 (2, first and second sentence) as
follows:

‘Member States shall ensure that railway undertakings applying
for a safety certificate have fair and non-discriminatory access
to training facilities for train drivers, safety critical staff, and
staff accompanying the trains ...’,

and

‘The services offered must include necessary route knowledge,
operating rules, the signalling and control command system
and, safety and emergency procedures applied, and relevant
languages on the routes operated’.

3.1.4. Modify Article 21(3) as follows:

the safety authority,

The investigation shall be accomplished under as much
‘3.
openness as possible, allowing for all parties to be heard and
sharing the results. The relevant infrastructure manager and
railway undertakings,
the local and
regional authorities concerned, victims and their relatives,
owners of damaged property, manufacturers, the emergency
services involved and representatives of staff and users shall be
informed of the investigation and its results and be given,
as far as practicable, the opportunity to take part in the
proceedings.’

3.2. To the draft directive on interoperability

3.2.1. Modify Article 2(2) as follows:

‘The following paragraph 3 is inserted in Article 1:

“3.
Five years after the adoption of all the TSIs, and by
1 January 2010 at the latest, the scope of this Directive shall
be extended to the whole rail system, except for infrastructure
and rolling stock reserved for a strictly local, historical or
touristic use and isolated from the rest of the rail system.”’

3.3. To the draft amendment to Directive 91/440/EEC

3.3.1. Modify Article 2(1) as follows:

‘Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive at the latest 18 months after the adoption of the
Commission report assessing the application of the earlier
directives under Article 14 of Directive 91/440/EEC. They
shall forthwith inform the Commission thereof.’

The President

of the Committee of the Regions

Albert BORE