Proposal for a Directive of the European Parliament and of the Council on the licensing of railway undertakings (Codified version)
Date: 2004-04-02
Institutions: European Commission
Subjects: common transport policy, rail transport, transport company, transport licence

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 2.4.2004 
COM(2004) 232 final 

2004/0074 (CNS) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the licensing of railway undertakings 

(Codified version) 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
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EXPLANATORY MEMORANDUM 

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to 
simplifying  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more 
accessible to the ordinary citizen, thus giving him new opportunities and the chance 
to make use of the specific rights it gives him. 

This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable 
research work, comparing many different instruments, is thus needed to identify the 
current rules. 

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also 
essential if Community law is to be clear and transparent. 

On  1  April  1987  the  Commission  therefore  decided1  to  instruct  its  staff  that  all 
legislative acts should be codified after no more than ten amendments, stressing that 
this was a minimum requirement and that departments should endeavour to codify at 
even  shorter  intervals  the  texts  for  which  they  were  responsible,  to  ensure  that  the 
Community rules are clear and readily understandable. 

The  Conclusions  of  the  Presidency  of  the  Edinburgh  European  Council  (December 
1992) confirmed this2, stressing the importance of codification as it offers certainty 
as to the law applicable to a given matter at a given time. 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  Community 
legislative procedure. 

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by 
codification, the European Parliament, the Council and the Commission have agreed, 
by  an  interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated 
procedure may be used for the fast-track adoption of codification instruments. 

is 

this  proposal 

to  undertake  a  codification  of  Council 
The  purpose  of 
Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings3. The 
new Directive will supersede the various acts incorporated in it4; this proposal fully 
preserves the content of the acts being codified and hence does no more than bring 
them together with only such formal amendments as are required by the codification 
exercise itself. 

The codification proposal was drawn up on the basis of a preliminary consolidation, 
in  all  official  languages,  of  Directive  95/18/EC  and  the  instrument  amending  it, 
carried out by the Office for Official Publications of the European Communities, by 
means  of  a  data-processing  system.  Where  the  Articles  have  been  given  new 
numbers,  the  correlation  between  the  old  and  the  new  numbers  is  shown  in  a  table 
contained in Annex III to the codified Directive. 

COM(87) 868 PV. 
See Annex 3 to Part A of such Conclusions. 
Carried out pursuant to the Communication from the Commission to the European Parliament and the 
Council - Codification of the Acquis communautaire, COM(2001) 645 final. 
Annex II, Part A of this proposal. 

2 

 
 
  
 
                                                 
(cid:208) 95/18/EC (adapted) 

2004/0074 (CNS) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

on the licensing of railway undertakings 

(Text with EEA relevance) 

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, 

Having regard to the opinion of the ⌦ European ⌫ Economic and Social Committee1, 

Having regard to the opinion of the Committee of the Regions2, 

(cid:208)  

Acting in accordance with the procedure laid down in Article ⌦ 251 ⌫ of the Treaty3, 

(cid:208) 95/18/EC (adapted) 

Whereas: 

1 
2 
3 

OJ C 
OJ C 
OJ C 

3 

 
 
  
 
 
 
 
                                                 
(1) 

Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings4 
has  been  substantially  amended5.  In  the  interests  of  clarity  and  rationality  the  said 
Directive should be codified. 

(cid:208)  

(2) 

The  principle  of  the  freedom  to  provide  services  should  be  applied  to  the  railway 
sector, taking into account that sector's specific characteristics. 

(cid:208) 95/18/EC Recital 2 

(3) 

Council  Directive  91/440/EEC  of  29  July  1991  on  the  development  of  the 
Community's railways6 provides for certain access rights in international rail transport 
for railway undertakings and international groupings of railway undertakings. 

(cid:208) 95/18/EC Recital 3 (adapted) 

(4) 

In  order  to  ensure  that  access  rights  to  railway  infrastructure  are  applied  throughout 
the  Community  on  a  uniform  and  non-discriminatory  basis,  it  is  appropriate  to 
introduce a licence for railway undertakings. 

(cid:208) 95/18/EC Recital 4 (adapted) 

(5) 

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

(cid:208) 2001/13/EC Recital 4 (adapted) 

(6) 

It  is  appropriate  to  maintain  the  scope  of  Directive  91/440/EEC,  including  the 
exceptions  made  in  it  for  regional,  urban  and  suburban  services  and  it  should  be 
specified  that  transport  activities  in  the  form  of  shuttle  services  through  the  Channel 
Tunnel are also excluded from the scope of that Directive. 

(cid:208) 95/18/EC Recital 5 

4 

5 
6 

OJ L 143, 27.6.1995, p. 70. Directive as amended by Directive 2001/13/EC of the European Parliament 
and of the Council (OJ L 75, 15.3.2001, p. 26). 
See Annex II, part A. 
OJ L 237, 24.8.1991, p. 25. ⌦ Directive as last amended by the 2003 Act of Accession. ⌫ 

4 

 
 
  
 
 
 
 
 
 
 
                                                 
(7) 

A  licence  issued  by  a  Member  State  should  be  recognised  as  valid  throughout  the 
Community. 

(cid:208) 95/18/EC Recital 6 

(8) 

Community  conditions  for  access  to  or  transit  via  railway  infrastructure  will  be 
regulated by other provisions of Community law. 

(cid:208) 95/18/EC Recital 7 

(cid:208) 2001/13/EC Recital 2 

(9) 

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  to  good  repute,  financial  fitness  and  professional  competence  in  order  to 
protect  customers  and  third  parties  and  offer  services  observing  a  high  standard  of 
safety. 

(10)  For  the  protection  of  customers  and  third  parties  concerned  it  is  important  to  ensure 
insured  or  have  made  equivalent 

that  railway  undertakings  are  sufficiently 
arrangements in respect of liability risks. 

(cid:208) 95/18/EC Recital 10 

(11)  The  suspension  and  revocation  of  licences  and  the  granting  of  temporary  licences 

should also be dealt with in this context. 

(cid:208) 95/18/EC Recital 11 

(12)  A  railway  undertaking  ⌦ should ⌫  also  be  required  to  comply  with  national  and 
Community rules on the provision of railway services, applied in a non-discriminatory 
manner, which are intended to ensure that it can carry on its activity in complete safety 
on specific stretches of track. 

(cid:208) 95/18/EC Recital 12 (adapted) 

(13) 

In order to ensure the efficient operation of international rail transport, it is necessary 
that railway undertakings respect the agreements in force in this field.  

(cid:208) 95/18/EC Recital 13 

5 

 
 
  
 
 
 
 
 
 
 
 
(14) 

It  is  desirable  to  ensure  that  licensed  railway  undertakings  that  operate  international 
goods  transport  respect  the  relevant  customs  and  tax  provisions  applicable,  in 
particular regarding customs transit. 

(cid:208) 2001/13/EC Recital 6 

(15)  The procedures for the granting, maintenance and amendment of operating licences to 
transparency  and 

railway  undertakings  should  reflect  a  general  desire  for 
non-discrimination. 

(cid:208) 95/18/EC Recital 14 (adapted) 

(cid:208) 2001/13/EC Recital 7 

(16) 

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 
States  on  account  of  the  manifestly  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. 

(17)  This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States 
relating to the time-limits for transposition into national law of the Directives set out in 
Annex II, Part B, 

(cid:208)  

6 

 
 
  
 
 
 
 
 
⌦ HAVE ⌫ ADOPTED THIS DIRECTIVE: 

⌦ CHAPTER ⌫ I 

(cid:208) 95/18/EC (adapted) 

(cid:208) 95/18/EC 

Objective and Scope 

(cid:208) 2001/13/EC Art.1 pt. 1 

Article 1 

1. 

This Directive concerns the criteria applicable to the issue, renewal or amendment of 
licences by a Member 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) 

(b) 

(c) 

undertakings which only operate rail passenger services on local and regional 
stand-alone railway infrastructure; 

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

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; 

(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 Channel Tunnel are excluded from the scope of this Directive. 

For the purposes of this Directive: 

(cid:208) 95/18/EC 

Article 2 

7 

 
 
  
 
 
 
 
 
(a) 

(b) 

(c) 

(d) 

(cid:208) 2001/13/EC Art.1 pt. 2 

“railway  undertaking”  shall  mean  any  public  or  private  undertaking  the  principal 
business of which is to provide services for the transport of goods and/or passengers 
by  rail  with  a  requirement  that  the  undertaking  must  ensure  traction;  this  also 
includes undertakings which provide traction only; 

(cid:208) 95/18/EC 

“licence”  shall  mean  an  authorisation  issued  by  a  Member  State  to  an  undertaking, 
by which its capacity as a railway undertaking is recognized. That capacity may be 
limited to the provision of specific types of services; 

“licensing authority” shall mean the body charged by a Member State with the issue 
of licences; 

“urban  and  suburban  services”  shall  mean  transport  services  operated  to  meet  the 
transport  needs  of  an  urban  centre  or  conurbation,  as  well  as  the  transport  needs 
between such centre or conurbation and surrounding areas; 

(cid:208) 95/18/EC (adapted) 

⌦ (e) ⌫ 

“regional services” shall mean transport services operated to meet the transport 

needs of a region. 

(cid:208) 2001/13/EC Art.1 pt. 3 
(adapted) 

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. ⌫ 

8 

 
 
  
 
 
 
 
 
(cid:208) 95/18/EC (adapted) 

⌦ CHAPTER ⌫ II 

⌦ Conditions for obtaining the ⌫ licence 

(cid:208) 95/18/EC 

Article 4 

1. 

2. 

3. 

4. 

A railway undertaking shall be entitled to apply for a licence in the Member State in 
which it is established. 

Member  States  shall  not  issue  licences  or  extend  their  validity  where  the 
requirements of this Directive are not complied with. 

A railway undertaking which fulfils the requirements imposed in this Directive shall 
be authorised to receive a licence. 

No  railway  undertaking  shall  be  permitted  to  provide  the  rail  transport  services 
covered  by  this  Directive  unless  it  has  been  granted  the  appropriate  licence  for  the 
services to be provided. 

However,  such  a  licence  shall  not  itself  entitle  the  holder  to  access  to  the  railway 
infrastructure. 

(cid:208) 95/18/EC (adapted) 

Article 5 

A railway undertaking must be able to demonstrate to the licensing authorities of the Member 
State  concerned  before  the  start  of  its  activities  that  it  will  at  any  time  be  able  to  meet  the 
requirements relating to good repute, financial fitness, professional competence and cover for 
its civil liability listed in Articles 6 to 9. 

For  the  purposes  of  ⌦ the  first  paragraph ⌫  ,  each  applicant  shall  provide  all  relevant 
information. 

9 

 
 
  
 
 
 
 
(cid:208) 95/18/EC 

Article 6 

Member States shall define the conditions under which the requirement of good repute is met 
to ensure that an applicant railway undertaking or the persons in charge of its management: 

⌦ (a) ⌫ 

has/have not been convicted of serious criminal offences, including offences of 

a commercial nature; 

(cid:208) 95/18/EC (adapted) 

⌦ (b) ⌫ 

has/have not been declared bankrupt; 

⌦ (c) ⌫ 

has/have  not  been  convicted  of  serious  offences  against  specific  legislation 

applicable to transport; 

(cid:208) 2001/13/EC Art.1 pt. 5 
(adapted) 

⌦ (d) ⌫ 

has/have  not  been  convicted  of  serious  or  repeated  failure  to  fulfil  social  or 
labour  law  obligations,  including  obligations  under  occupational  safety  and  health 
legislation, and customs law obligations in the case of a company seeking to operate 
cross-border goods transport subject to customs procedures. 

(cid:208) 95/18/EC (adapted) 

Article 7 

The  requirements  relating  to  financial  fitness  shall  be  met  when  an  applicant  railway 
undertaking can demonstrate that it will be able to meet its actual and potential obligations, 
established under realistic assumptions, for a period of twelve months. 

For the purposes of ⌦ the first paragraph ⌫, each applicant shall give at least the particulars 
listed in section I of Annex ⌦ I ⌫ . 

(cid:208) 95/18/EC 

Article 8 

1. 

The requirements relating to professional competence shall be met when: 

(a) 

an applicant railway undertaking has or will have a management organisation 
which  possesses  the  knowledge  and/or  experience  necessary  to  exercise  safe 

10 

 
 
  
 
 
 
 
 
 
and  reliable  operational  control  and  supervision  of  the  type  of  operations 
specified in the licence; 

its personnel responsible for safety, in particular drivers, are fully qualified for 
their field of activity; and 

its  personnel,  rolling  stock  and  organisation  can  ensure  a  high  level  of  safety 
for the services to be provided. 

(b) 

(c) 

(cid:208) 95/18/EC (adapted) 

For the purposes of ⌦ the first subparagraph ⌫ , each applicant shall give at least 
the particulars listed in section II of Annex ⌦ I ⌫ . 

⌦ 2. ⌫ 

Appropriate written proof of compliance with qualification requirements shall 

be produced. 

(cid:208) 95/18/EC 

Article 9 

A railway undertaking shall be adequately insured or make equivalent arrangements for cover, 
in accordance with national and international law, of its liabilities in the event of accidents, in 
particular in respect of passengers, luggage, freight, mail and third parties. 

(cid:208) 95/18/EC (adapted) 

⌦ CHAPTER ⌫ III 

(cid:208) 95/18/EC 

Validity of the licence 

Article 10 

⌦ 1.  A licence shall be valid throughout the territory of the Community. ⌫ 

(cid:208) 2001/13/EC Art.1.7 (adapted) 

11 

 
 
  
 
 
 
 
 
 
2. 

3. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

(cid:208) 95/18/EC (adapted) 

A licence shall be valid as long as the railway undertaking fulfils the obligations laid 
down  in  this  Directive.  A  licensing  authority  may,  however,  make  provision  for  a 
regular review at least every five years. 

Specific  provisions  governing  the  suspension  or  revocation  of  a  licence  may  be 
incorporated in the licence itself. 

Article 11 

If  there  is  serious  doubt  that  a  railway  undertaking  which  it  has  licensed  complies 
with  the  requirements  of  this  Directive,  and  in  particular  Article  5  thereof,  the 
licensing authority may, at any time, check whether that railway undertaking does in 
fact comply with those requirements. 

Where a licensing authority is satisfied that a railway undertaking can no longer meet 
the requirements of ⌦ this ⌫ Directive, and in particular Article 5 thereof, it shall 
suspend or revoke the licence. 

Where  the  licensing  authority  of  a  Member  State  is  satisfied  that  there  is  serious 
doubt regarding compliance with the requirements laid down in this Directive on the 
part  of  a  railway  undertaking  to  which  a  licence  has  been  issued  by  the  licensing 
authority of another Member State, it shall inform the latter authority without delay. 

Notwithstanding paragraph 1, where a licence is suspended or revoked on grounds of 
non-compliance  with  the  requirement  for  financial  fitness,  the  licensing  authority 
may  grant  a  temporary  licence  pending  the  re-organisation  of  the  railway 
undertaking,  provided  that  safety  is  not  jeopardised.  A  temporary  licence  shall  not, 
however, be valid for more than six months after its date of issue. 

When a railway undertaking has ceased operations for six months or has not started 
operations six months after the grant of a licence, the licensing authority may decide 
that the licence shall be submitted for approval or be suspended. 

As regards the start of activities, the railway undertaking may ask for a longer period 
to be fixed, taking account of the specific nature of the services to be provided. 

In  the  event  of  a  change  affecting  the  legal  situation  of  an  undertaking  and,  in 
particular,  in  the  event  of  a  merger  or takeover,  the  licensing  authority  may  decide 
that  the  licence  shall  be  resubmitted  for  approval.  The  railway  undertaking  in 
question may continue operations, unless the licensing authority decides that safety is 
jeopardised; in that event, the grounds for such a decision shall be given. 

Where a railway undertaking intends significantly to change or extend its activities, 
its licence shall be resubmitted to the licensing authority for review. 

A  licensing  authority  shall  not  permit  a  railway  undertaking  against  which 
bankruptcy  or  similar  proceedings  are  commenced  to  retain  its  licence  if  that 

12 

 
 
  
 
 
authority  is  convinced  that  there  is  no  realistic  prospect  of  satisfactory  financial 
restructuring within a reasonable period of time. 

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:208) 2001/13/EC Art.1 pt. 6 

(cid:208) 2001/13/EC Art.1 pt. 7 
(adapted) 

Article 12 

1. 

In  addition  to  the  requirements  of  this  Directive,  a  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) 

specific technical and operational requirements for rail services; 

(b) 

(c) 

(d) 

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

provisions  on  health,  safety,  social  conditions  and  the  rights  of  workers  and 
consumers; 

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

2. 

A railway undertaking may at any time refer to the Commission the question of the 
compatibility of the requirements of national law with Community law and also the 
question of whether such requirements are applied in a non-discriminatory manner. 

⌦ If 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. ⌫ 

Article 13 

Railway undertakings shall respect the agreements applicable to international rail transport in 
force in the Member States in which they operate. They shall ⌦ also ⌫ observe the relevant 
customs and tax provisions. 

13 

 
 
  
 
 
 
(cid:208) 95/18/EC Section V (adapted) 

⌦ CHAPTER IV ⌫ 

(cid:208) 95/18/EC 

Final provisions 

(cid:208) 95/18/EC Art.15 (adapted) 

Article ⌦ 14 ⌫ 

1. 

2. 

3. 

The  procedures  for  the  granting  of  licences  shall  be  made  public  by  the  Member 
State concerned, which shall inform the Commission thereof. 

The  licensing  authority  shall  take  a  decision  on  an  application  as  soon  as  possible, 
but not more than three months after all relevant information, notably the particulars 
referred  to  in  Annex  ⌦ I ⌫  ,  has  been  submitted,  taking  into  account  all  the 
available information. The decision shall be communicated to the applicant railway 
undertaking. A refusal shall state the grounds therefor. 

Member  States  shall  take  the  measures  necessary  to  ensure  that  the  licensing 
authority's decisions are subject to judicial review. 

(cid:208)  

Article 15 

Directive  95/18/EC,  as  amended  by  the  Directive  listed  in  Annex  II,  Part  A,  is  repealed, 
without  prejudice  to  the  obligations  of  the  Member  States  relating  to  the  time-limits  for 
transposition into national law of the Directives set out in Annex II, Part B. 

References  to  the  repealed  Directive  shall  be  construed  as  references  to  this  Directive  and 
shall be read in accordance with the correlation table in Annex III. 

(cid:208) 95/18/EC Art.17 (adapted) 

Article ⌦ 16 ⌫ 

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

14 

 
 
  
 
 
 
 
 
 
(cid:208) 95/18/EC Art.18 (adapted) 

Article ⌦ 17 ⌫ 

This Directive is addressed to the Member States. 

Done at Brussels, […] 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

15 

 
 
  
 
 
(cid:208) 95/18/EC (adapted) 

ANNEX ⌦ I ⌫ 

I. Particulars referred to in ⌦ the second paragraph of ⌫ Article 7 

(cid:208) 95/18/EC 

1. 

Financial fitness will be verified by means of an undertaking's annual accounts or, in 
the case of applicant undertakings unable to present annual accounts, a balance sheet. 
Detailed particulars must be provided, in particular on the following aspects: 

(a) 

available funds, including the bank balance, pledged overdraft provisions and 
loans; 

(b) 

funds and assets available as security; 

(c)  working capital; 

(d) 

relevant  costs,  including  purchase  costs  of  payments  to  account  for  vehicles, 
land, buildings, installations and rolling stock; 

(e) 

charges on an undertaking's assets. 

In  particular,  an  applicant  is  not  financially  fit  if  considerable  arrears  of  taxes  or 
social security are owed as a result of the undertaking's activity. 

The authority may in particular require the submission of an audit report and suitable 
documents  from  a  bank,  public  savings  bank,  accountant  or  auditor.  These 
documents must include information concerning the matters referred to in point 1. 

II. Particulars referred to in ⌦ the second subparagraph of ⌫ Article 8 ⌦ (1) ⌫ 

(cid:208) 95/18/EC (adapted) 

(cid:208) 95/18/EC 

Particulars  of  the  nature  and  maintenance  of  rolling  stock,  in  particular  as  regards 
safety standards. 

Particulars of the qualifications of personnel responsible for safety and details of 
personnel training. 

_____________________ 

2. 

3. 

1. 

2. 

16 

 
 
  
 
 
 
 
 
(cid:207) 

ANNEX II 

Part A 

Repealed Directive with its amendment 
(referred to in Article 15) 

Council Directive 95/18/EC 

(OJ L 143, 27.6.1995, p. 70) 

Directive 
of 
Parliament and of the Council 

2001/13/EC 

the  European 

(OJ L 75, 15.3.2001, p. 26) 

Part B 

List of time-limits for transposition into national law 
(referred to in Article 15) 

Directive 

Time-limit for transposition 

95/18/EC 

2001/13/EC 

27 June 1997 

15 March 2003 

_____________________ 

17 

 
 
  
 
 
ANNEX III 

CORRELATION TABLE 

Directive 95/18/EC 

This Directive 

Article 1 

Article 1 

Article 2 points (a) to (c) 

Article 2 points (a) to (c) 

Article 2 point (d) first indent 

Article 2 point (d) 

Article 2 point (d) second indent 

Article 2 point (e)  

Article 3 first sentence 

Article 3 first paragraph 

Article 3 second sentence 

Article 3 second paragraph 

Article 4(1) to (4) 

Article 4(5) 

Article 4 (1) to (4) 

Article 10(1) 

Article 5(1) and (2) 

Article 5 first and second paragraphs 

Article 6 first to fourth indents 

Article 6 points (a) to (d) 

Article 7(1) and (2) 

Article 7 first and second paragraphs 

Article 8(1) 

Article 8(2) 

Article 8(3) 

Article 9 

Article 10(1) 

Article 10(2) 

Article 11 

Article 12(1) 

Article 8(1) first subparagraph 

Article 8(1) second subparagraph 

Article 8(2) 

Article 9  

Article 10(2) 

Article 10(3) 

Article 11 

Article 12(1) 

Article 12 (2) first sentence 

Article 12 (2) first subparagraph 

Article 12 (2) second sentence 

Article 12 (2) second subparagraph 

Article 13 

Article 14 

Article 15 

Article 13 

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Article 14 

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Article 16 

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Article 17 

Article 18 

Annex 

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_ 

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Article 15 

Article 16 

Article 17 

Annex I 

Annex II 

Annex III 

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