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 {SEC(2004) 236}
Date: 2004-03-03
Institutions: European Commission
Subjects: common transport policy, rail transport

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 3.3.2004 
COM(2004) 139 final 

2004/0047 (COD) 

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 

(presented by the Commission) 

{SEC(2004) 236} 

EN 

   EN 

 
 
 
  
 
 
EXPLANATORY MEMORANDUM 

As  announced  in  the  White  Paper  European  transport  policy  for  2010:  time  to  decide1,  the 
Commission hereby presents a proposal for the amendment of Directive 91/440/EEC with a 
view to opening up international rail passenger services to competition.  

A survey carried out in the 15 Member States in 20032 showed that 70% of those interviewed 
agreed: “If safety standards are met, competition is the best way to make the railways more 
efficient”.  In  the  same  survey,  74%  of  respondents  considered  that:  "As  with  air  transport, 
low-cost  carriers  should  be  able  to  operate  international  train  services,  if  they  comply  with 
strict rules". These results show two things: firstly, the introduction of competition is viewed 
favourably on the whole, and, secondly, competition must be backed up by strict safety rules 
and passenger rights. 

The  European  Parliament  has  advocated  such an  approach  on  several  occasions,  e.g.  during 
the votes in 1999 on the first railway package and in 2003 on the second package. In October 
2003,  Parliament  adopted  an  amendment  calling  for  the  opening  up  to  competition  of  all 
national and international rail passenger services by 1 January 20083. In its opinion on these 
amendments4, the Commission stated that this issue should be addressed in a specific proposal 
to  take  account  of  existing  legislation  on  public  service  contracts  in  order  to  avoid  any 
inconsistencies.  The  Commission  therefore  confirmed  its  intention  of  putting  forward  a 
specific  proposal  for  opening  up  the  passenger  transport  market  together  with  measures  to 
protect passenger rights.  

1. 

A STEP TOWARDS ESTABLISHING AN INTERNAL MARKET IN RAIL SERVICES 

1.1. 

A framework to allow competition 

With  the  transposition  of  Directives  2001/12/EC,  2001/13/EC  and  2001/14/EC  already  at  a 
very advanced stage, the framework for international rail services, which applies initially to 
freight, is being put in place. It is already established in more than half the Member States and 
should be in place everywhere in the course of 2004.  

This  framework  lays  down  precise  rules  on  the  licensing  of  railway  undertakings,  the 
transparent  and  non-discriminatory  allocation  of  infrastructure  capacity  and  charging  for 
infrastructure  use.  In  addition,  it  calls  on  the  Member  States  to  establish  a  "regulatory 
authority" to control access to the market.  

This framework, which will be in place from 2003-2004 in the context of the opening up of 
the rail freight market, will provide a sound, practical basis for the opening up of international 
passenger services to competition in 2010. 

1 
2  
3  

4  

COM(2001) 370, 12.09.2001. 
Eurobarometer 59.2, spring 2003. 
European Parliament legislative resolution on the Council common position with a view to adopting a 
directive of  the  European Parliament  and of  the  Council  amending  Council  Directive 91/440/EEC on 
the development of the Community’s railways (8011/3/2003 – C5-0295/2003 – 2002/0025(COD)). 
COM(2003) 719, 26.11.2003. 

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1.2. 

A strict framework for safety rules 

The  legislator  has  also  seen  a  need  to  establish  clear  rules  on  railway  safety  which  are  line 
with  the  European  dimension  of  the  railway  industry.  Directive  2004/…  on  the  safety  of 
railways5 lays down rules on safety certification of railway undertakings, safety management 
and  regulation,  and  accident  investigation.  It  also  provides  for  the  gradual  development  of 
European safety rules which are to be drawn up by the European Railway Agency.  

Directive  2004/…  must  be  transposed  by  …  and  will  thus  be  fully  operational  by  the  date 
scheduled for the opening up of international passenger services.  

European safety rules are not a precondition for opening up the market to competition as the 
national  safety  rules  are  fully  applicable.  Furthermore,  before  being  able  to  offer  services, 
every licensed railway undertaking must have: 

rolling  stock  and  drivers  authorised  to  operate  in  the  Member  States  in  which  they 

– 
plan to operate; 

–  a safety certificate issued by the national safety authority of each of the Member States 
they plan to cross. 

This  framework  will  be  supplemented  by  the  proposal  presented  concurrently  on  the 
certification of drivers of locomotives and trains for the carriage of passengers and freight in 
the Community. 

1.3. 

The protection of passengers’ rights 

It is important to lay down basic rules for the protection of passengers’ rights, as has already 
been  done  in  the  field  of  air  transport.  In  several  Member  States,  passengers’  rights  are 
specifically regulated either in statutory measures or by the railway undertakings themselves. 
The  Commission  is  therefore  presenting,  together  with  this  proposal  on  market  opening,  a 
proposal for a regulation on passengers’ rights and obligations in international rail transport. 
These  rules  will  not  interfere  with  the  commercial  freedom  of  railway  undertakings,  which 
will be free to offer more attractive guarantees to their customers, but they will constitute a 
minimum standard to be respected by all parties.  

2. 

NEED  FOR  COORDINATION  WITH  THE  COMMUNITY  LEGISLATION  ON  PUBLIC 
SERVICE CONTRACTS 

2.1. 

Application of Regulation No 1191/69 to international services 

Member States and local authorities may choose to establish public service contracts for the 
provision  of  certain  rail  passenger  services.  In  this  case,  and  in  conformity  with  the  recent 
ruling by the Court of Justice6 , they must apply the provisions of Regulation No 1191/697 . 
According  to  these  provisions,  public  service  contracts  may  include  exclusive  rights  to 
provide certain services. 

5  
6  
7  

Directive … 
Altmark Trans ruling of 24 July 2003, case C-280/00. 
Council  Regulation  (EEC)  No  1191/69  of  26  June  1969  on  action  by  Member  States  concerning  the 
obligations inherent in the concept of a public service in transport by rail, road and inland waterway. 

3 

 
 
  
 
                                                 
The  scope  of  Regulation  No  1191/69  has  been  extended  to  international  services.  Two 
Member States, or two local authorities straddling a border, may together define and award a 
public contract service for the provision of an international service or a cross-border regional 
service. It is possible in such case to define exclusive rights for the service in question.  

Opening all international services to competition purely on a free-access basis could therefore 
conflict with the provisions of Regulation No 1191/69 and deny Member States the possibility 
of establishing exclusive rights in a public service contract. It is therefore necessary to clarify 
the  relationship  between  these  two  areas,  particularly  in  cases  where  international  services 
coexist on the same line with local services provided under a public service contract. 

2.2. 

Commission proposal to replace Regulation No 1191/69 

On  21  February  2002  the  Commission  presented  an  amended  proposal8  for  a  Regulation  of 
the  European  Parliament  and  of  the  Council  on  action  by  Member  States  concerning  public 
service requirements and the award of public service contracts in passenger transport by rail, 
road  and  inland  waterway  to  replace  Regulation  No  1191/69.  The  principal  aim  of  this 
proposal is to introduce a system of controlled competition to ensure that the award of public 
service  contracts  on  a  competitive  basis  is  underpinned  by  rules  that  protect  the  general 
interest, by ensuring the availability in all regions of high-quality public transport services at 
affordable prices catering to all social requirements. The proposal is currently being examined 
by the Council and the European Parliament. The reference in the text of the proposal to the 
Community legislation in force enables account to be taken both of the existing regulation and 
of the future regulation once adopted.  

The  Commission  calls  on  the  European  Parliament  and  the  Council  to  proceed  as  soon  as 
possible with the examination of its revised proposal substituting Regulation N° 1191/69 and 
to  start  quickly  the  examination  of  the  present  proposal,  in  order  to  take  into  account  the 
complementarities  between  these  two  texts,  which  aim  at  an  effective  opening  of  the  rail 
passenger market and at regulated competition for the award of public service contracts in this 
sector.  

2.3. 

Need to take account of cabotage 

International  trains  pick  up  passengers  and  set  them  down  in  the  same  Member  State 
(cabotage). While the share of this traffic varies, it is often very high. For example, trains on 
the  Brussels-Cologne  line  are  very  full  between  Brussels  and  Liège,  but  much  less  so  from 
Liège to Cologne. The number of international trains not making intermediate stops in a given 
Member State is very small and limited to some high-speed services, such as the Brussels to 
Paris service. 

The profitability threshold of an international service, which is directly linked to the number 
of passengers carried, depends on the possibility of picking up and setting down passengers 
along  the  route.  Not  allowing  this  facility  is  tantamount  to  denying  a  new  entrant  the 
possibility of introducing a commercially viable service. It would also be discriminatory, as 
the incumbent would continue to be able to pick up passengers and set them down along the 
route while its competitor would be denied this right.  

This is why opening the market while excluding cabotage on international services would not 
have  any  real  impact  on  the  market.  The  proposal  presented  therefore  includes  the  right  for 

8  

COM(2002) 107, 21.2.2002, OJ C 151 E, 25.06.2002, p. 146–183. 

4 

 
 
  
 
                                                 
undertakings offering international services to pick up passengers at any station located on the 
route of the international service and to set them down at another, including stations located in 
the same Member State. 

This  aspect  underscores  the  importance  of  ensuring  that  the  proposed  opening  up  of  the 
market on the basis of free access is consistent with the scope of Regulation No 1191/69. 

2.4. 

The solution chosen 

Needs  differ  depending  on  market  segments  (regional  cross-border,  international  long-
distance, high-speed, etc.) and on the profitability or otherwise of the service in question. This 
calls  for  a  flexible  approach  allowing  both  competition  on  the  basis  of  free  access  and  the 
award of public service contracts that may include exclusive rights for certain services. 

It is therefore proposed that the general principle should be one of opening up the market on 
the basis of free access, while allowing Member States the option of limiting such access if 
they conclude a public service contract for a specific service, subject to strict compliance with 
the  provisions  of  Regulation  No  1191/69  or  the  regulation  which  will  replace  it,  or  if  the 
economic equilibrium of the public service is at risk. 

There are three possible scenarios: 

- two Member States (or two local authorities on either side of a border) together define and 
award  a  public  service  contract  for  an  international  service,  complying  with  Regulation  No 
1191/69, and include in this contract exclusive rights for the service in question; 

- two Member States (or two local authorities on either side of a border) together define and 
award  a  public  service  contract  for  an  international  service,  complying  with  Regulation  No 
1191/69, without exclusive rights or with some exclusive rights; 

- the service is deemed to be open to competition on the basis of free access. 

In all cases, the international service may run on a line on which certain services are operated 
under a national public service contract. For example, it would be possible on the future high-
speed  line  between  Madrid  and  Perpignan  to  conclude  a  public  service  contract  granting 
exclusive rights for the section between Madrid and Barcelona. These exclusive rights would 
prevent any other operator from operating a national service limited to the Madrid-Barcelona 
section. However, these exclusive rights could not prevent an international operator running a 
service  between  Perpignan  and  Madrid  from  picking  up  or  setting  down  passengers  in 
Barcelona, unless it was shown that this could affect the economic equilibrium of the public 
service contract in question.  

However,  it  should  be  stressed  that  the  markets  served  by  international  services  and  those 
served by national services operated under a public service contract are not the same. Services 
operated under a public service contract are generally regional, with frequent stops, carrying 
passengers  travelling  short  or  medium  distances.  International  services,  on  the  other  hand, 
generally make fewer intermediate stops and their customers travel longer distances. 

The  solution  proposed  for  market  opening  is  balanced,  since  it  allows  national  or  local 
authorities who so wish to award public service contracts jointly, while leaving the way open 
for  the  development  of  new  initiatives  and  retaining  the  cabotage  option  to  enable 
international services to develop under realistic economic conditions. 

5 

 
 
  
 
When  access  rights  are  opened  up  for  international  services,  there  will  no  longer  be  any 
justification  for  the  current  obligation  to  form  an  international  grouping.  Furthermore,  the 
Commission decision in the GVG/FS case9 has already shown that the obligation to form an 
international grouping may be a serious barrier to market entry. This is why it is proposed to 
delete all references to the concept of an international grouping from 1 January 2010.  

3. 

IMPACT OF THE PROPOSAL ON INTERNATIONAL PASSENGER SERVICES 

The international carriage of passengers by train, estimated from sales of international tickets, 
represents  approximately  10%  of  railway  undertakings'  passenger  turnover10  (€2.4  billion). 
This concerns international journeys, with each traveller crossing at least one border. 

Certain  types  of  international  rail  services  are  currently  experiencing  a  severe  loss  of 
customers  .  Night  trains  in  particular,  as  currently  operated,  are  unprofitable  despite  their 
generally  high  prices.  To  limit  their  losses,  railway  undertakings  have  recently  withdrawn 
several of these services (e.g. Brussels-Milan and Vienna-Amsterdam). 

The market share of international traffic including cabotage, i.e. passengers making national 
journeys on international trains, can at best be estimated at approximately 20% of the market 
assuming  that  one  in  two  passengers  on  international  trains  is  making  a  purely  national 
journey.  

With regard to the type of services affected, this primarily concerns: 

– 

international high-speed services; 

international  night  train  and  motorail  services,  which  are  currently  in  a  critical 

– 
situation and could be revitalised by new initiatives as a result of market opening; 

–  occasional  and  seasonal  international  services,  for  which  new  commercial  initiatives 
could be developed. 

The doubling of the high-speed network (from 2 600 km now to 6 000 km in 2010) and its 
interconnection  by  2010,  together  with  progress  on  interoperability,  should  open  up  very 
important  new  markets  for  rail  transport  and  provide  an  opportunity  for  new  commercial 
initiatives. 

The  very  high  competitive  pressure  from  low-cost  airlines  on  routes  between  the  major 
European  cities  poses  a  very  serious  threat  to  international  rail  services.  In  this  context, 
opening up to competition should enable railway companies to develop new initiatives and to 
reduce their costs in order to offer competitive international services by 2010. 

4. 

COMMENT ON THE INDIVIDUAL ARTICLES 

Article 1 

This article defines the concept of "international passenger service". 

9  
10  

Case COMP/37.685. 
This  share  is  much  higher  in  small  countries:  Luxembourg  70%,  Belgium  33%,  Austria  17%.  See 
attached table. 

6 

 
 
  
 
                                                 
It  establishes  the  principle  of  opening  up  access  rights  for  the  provision  of  international 
passenger services, including cabotage, by 1 January 2010 at the latest. 

The  article  therefore  removes,  with  effect  from  1 January  2010,  all  references  to  the 
obligation to form  an “international grouping”  in order to benefit from  infrastructure  access 
rights.  

It  specifies  that  these  access  rights  may  be  restricted  in  the  case  of  routes  which  are  the 
subject of a public service contract pursuant to Regulation No 1191/69. However, it provides 
that  this  limitation  is  possible  only  if  it  is  shown  to  be  necessary  to  maintain  the  economic 
equilibrium of a public service contract.  

Article 2 

This  article  provides  that  the  Commission  must  report  on  the  application  of  the  above 
provisions by 31 December 2012. 

7 

 
 
  
 
 
2004/0047 (COD) 

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 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 Commission1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Having regard to the opinion of the Committee of the Regions3, 

Acting in accordance with the procedure referred to in Article 251 of the Treaty4, 

Whereas: 

(1) 

(2) 

(3) 

Council  Directive  91/440/EEC  of  29  July  1991  on  the  development  of  the 
Community's  railways5  was  designed  to  facilitate  the  adaptation  of  the  Community's 
railways to the requirements of the single market and to improve their efficiency. 

In  its  White  Paper  European  transport  policy  for  2010:  time  to  decide6,  the 
Commission  announced  its  intention  to  continue  building  the  internal  market  in  rail 
services by proposing to open up the market in international passenger services. 

In  October  2003,  the  European  Parliament  adopted  an  amendment  calling  for  the 
opening up to competition of all national and international rail passenger services by 
1 January 2008. The Commission stated on that occasion that it intended to present a 
specific  proposal  which  dovetailed  with  the  existing  legislation  on  public  service 
contracts  as  well  as  measures  to  protect  the  rights  of  passengers  on  international 
services. 

(4) 

International  rail  services  currently  present  a  very  contrasting  picture.  Long-distance 
services  (night  trains)  are  in  difficulty  and  several  of  them  have  recently  been 

1 
2 
3 
4 
5  

6 

OJ C, , p. . 
OJ C, , p. . 
OJ C, , p. . 
OJ C, , p. . 
OJ  L  237,  24.08.1991,  p.  25.  Directive  as  last  amended  by  Directive  2001/12/EC  of  the  European 
Parliament and of the Council (OJ L 75, 15.03.2001, p. 1). 
COM(2001)370, 12.09.2001. 

8 

 
 
  
 
                                                 
(5) 

(6) 

(7) 

withdrawn  by  the  railway  undertakings  concerned  to  limit  losses.  The  market  for 
international high-speed services, on the other hand, has seen a sharp increase in traffic 
and will continue its vigorous development with the doubling and interconnection of 
the  trans-European  high-speed  network  by  2010.  Nevertheless,  there  is  strong 
competitive  pressure  from  low-cost  airlines  in  both  cases  and  it  is  essential  to 
stimulate the new initiatives by promoting competition between railway undertakings. 

It  would  not  be  possible  to  open  up  the  market  in  international  passenger  services 
infrastructure  access,  substantial  progress  on 
without  detailed  provisions  on 
interoperability and a strict framework for rail safety at national and European level. 
All  of  these  elements  are  now  in  place  following  the  transposition  of  Directives 
2001/12/EC  of  the  European  Parliament  and  of  the  Council  of  26  February  2001 
amending  Council  Directive  91/440/EEC  on  the  development  of  the  Community's 
railways, 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 undertakings7, 
2001/14/EC  of  the  European  Parliament  and  of  the  Council  of  26  February  2001  on 
the allocation of railway infrastructure capacity and the levying of charges for the use 
of  railway  infrastructure  and  safety  certification8,  and  Directive  2004/../EC  on  the 
safety  of  the  railways9.  This  new  institutional  framework  must  be  supported  by 
established,  consolidated  practice  by  the  proposed  date  for  opening  the  market  for 
international passenger services. The proposed target date is therefore 2010.  

The number of railway services without intermediate stops is very limited. In the case 
of journeys with intermediate stops, it is essential to authorise new entrants to pick up 
and set down passengers along the route in order to ensure that such operations have a 
realistic  profitability  threshold  and  to  avoid  placing  potential  competitors  in  an 
unfavourable situation compared with the existing operators, which have the right to 
pick up and set down passengers along the route.  

Council Regulation (EEC) No 1191/69 of 26 June 1969 on action by Member States 
concerning the obligations inherent in the concept of a public service in transport by 
rail,  road  and  inland  waterway10  authorises  Member  States  and  local  authorities  to 
award public service contracts. These contracts may contain exclusive rights to operate 
certain  services.  It  is  therefore  necessary  to  ensure  that  the  provisions  of  this 
Regulation  are  consistent  with  the  principle  of  opening  up  international  passenger 
services to competition. On 21 February 2002 the Commission presented an amended 
proposal11 for a regulation of the European Parliament and of the Council on action by 
Member States concerning public service requirements and the award of public service 
contracts  in  passenger  transport  by  rail,  road  and  inland  waterway  to  replace 
Regulation  No  1191/69.  The  principal  aim  of  this  text  is  to  introduce  controlled 
competition in the award of public service contracts.  

(8) 

The  application  of  this  Directive  should  be  evaluated  on  the  basis  of  a  report  to  be 
presented  by  the  Commission  two  years  after  the  date  of  opening  up  the  market  in 
international passenger services. 

7  
8  
9  
10  

11  

OJ L 75, 15.03.2001, p. 26 
OJ L 75, 15.3.2001, p 29. 
OJ L. 
OJ L 156, 28.6.1969, p. 1. Regulation as last amended by Regulation (EEC) No 1893/91 (OJ No L 169, 
29.6.1991, p. 1). 
COM (2002) 107, 21.2.2002, OJ C 151 E, 25.06.2002, p. 146. 

9 

 
 
  
 
                                                 
(9) 

The  objectives  of  the  proposed  action,  namely  the  development  of  the  Community's 
railways,  cannot  be  sufficiently  achieved  by  the  Member  States  given  the  need  to 
ensure  fair  and  non-discriminatory  conditions  of  access  to  infrastructure  and  to  take 
account of the obviously international dimension of the way in which important parts 
of the rail networks operate. Because of the need for co-ordinated transnational action, 
these  can  be  better  achieved  at  Community  level,  so  the  Community  may  adopt 
measures in accordance with the principle of subsidiarity enshrined in Article 5 of the 
Treaty. In accordance with the principle of proportionality set out in that Article, this 
Directive does not go beyond what is necessary to achieve those objectives. 

(10)  Directive 91/440/EEC should therefore be amended accordingly, 

HAVE ADOPTED THIS DIRECTIVE: 

Article 1 

Directive 91/440/EEC is hereby amended as follows: 

1) The fourth indent of Article 3 is deleted. 

2) The following indent is inserted in Article 3 after the fifth indent: 

"-  international  passenger  service  shall  mean  passenger  services  where  the  train  crosses  at 
least  one  border  of  a  Member  State;  the  train  may  be  joined  and/or  split,  and  the  different 
sections may have different origins and destinations, provided that all wagons cross at least 
one border". 

3) The first indent of Article 5(3) is deleted. 

4) The phrase “and international groupings” is deleted in Article 8(1). 

5) Paragraph (1) of Article 10 is deleted. 

6) The provisions referred to in points 1), 3), 4) and 5) above take effect on 1 January 2010. 

7) The following paragraphs 3(a), 3(b) and 3(c) are inserted in Article 10: 

“3(a)  Railway  undertakings  within  the  scope  of  Article  2  shall,  by  1  January  2010  at  the 
latest, be granted the right of access to the infrastructure in all Member States for the 
purpose of operating an international passenger service. Railway undertakings shall, in 
the course of an international passenger service, have the right to pick up passengers at 
any station located on the international route and set them down at another, including 
stations located in the same Member State. 

3(b)   Member  States  may  limit  the  right  of  access  defined  in  paragraph  3(b)  on  services 
between a place of departure and a destination which are covered by a public service 
contract  conforming  to  the  Community  legislation  in  force.  Such  limitation  may  not 
have the effect of restricting the right to pick up passengers at any station located on 
the route of an international service and to set them down at another, including stations 
located in the same Member State, except where this is strictly necessary to maintain 
the  economic  equilibrium  of  the  service  defined  in  a  public  service  contract  and  has 

10 

 
 
  
 
been  approved  by  the  regulatory  body  referred  to  in  Article  30  of  Directive 
2001/14/EC12. 

3(c)  Member States shall take the necessary measures to ensure that the decisions referred 

to in 3(b) are subject to judicial review." 

8) The following subparagraph is added to Article 14: 

"By 31 December 2012 at the latest, the Commission shall submit to the European Parliament, 
the  European  Economic  and  Social  Committee,  the  Committee  of  the  Regions  and  the 
Council a report on the implementation of the provisions of Article 10(3)(a) and (3)(b)." 

Article 2 

1. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions  necessary  to  comply  with  this  Directive  at  the  latest  by13.  They  shall 
forthwith  communicate  to  the  Commission  the  text  of  those  provisions  and  a 
correlation table between those provisions and this Directive. 

When  Member  States adopt these provisions, these shall contain  a reference to this 
Directive  or  shall  be  accompanied  by  such  reference  at  the  time  of  their  official 
publication.  The  methods  of  making  such  reference  shall  be  laid  down  by  the 
Member States. 

2. 

Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 

This  Directive  shall  enter  into  force  on  the  day  following  its  publication  in  the  Official 
Journal of the European Union. 

Article 3 

Article 4 

This Directive is addressed to the Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President

12  
13  

OJ L 75, 15.3.2001, p 29. 
18 months after the final adoption of the Directive. 

11