Commission Recommendation of 7 April 2004 on the use of a common European format for licence documents issued in accordance with Council Directive 95/18/EC on the licensing of railway undertakings (notified under document number C(2004) 1279)
Date: 2004-04-07
Institutions: European Commission
Subjects: approximation of laws, rail transport, transport company, transport licence

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Official Journal of the European Union

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COMMISSION RECOMMENDATION

of 7 April 2004

on the use of a common European format for licence documents issued in accordance with
Council Directive 95/18/EC on the licensing of railway undertakings

(notified under document number C(2004) 1279)

(2004/358/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 211, second indent, thereof,

Whereas:

The railway licences issued by the provisions of Direc-
tives 95/18/EC and 2001/13/EC are valid also in the
European Economic Area through Decision No 118/
2001 of the EEA Joint Committee of 28 September
2001 amending Annex XIII to the EEA Agreement (5).
Licences issued in the European Economic Area are
equally valid in the Community through the same Deci-
sion.

(1)

(2)

(3)

Article 4 of Council Directive 95/18/EC of 19 June
1995 on the licensing of railway undertakings (1), as
amended by Directive 2001/13/EC of
the European
Parliament and of the Council of 26 February 2001 (2),
states that a licence shall be valid throughout the terri-
tory of
the Community and Article 11(8) obliges
Member States to inform the Commission of licences
that have been issued, suspended, revoked or amended
and the Commission to inform the other Member States
forthwith. A common format for the licence document
and communications on licences would therefore facili-
tate the work of the Member States and of the Commis-
sion and would provide easier access to information on
licences by all interested parties, in particular the licen-
sing authorities and the infrastructure managers.

Directive 2001/13/EC extends the obligation on Member
States to grant railway licences from railway undertak-
ings providing services according to Article 10 of
Council Directive 91/440/EEC of 29 July 1991 on the
development of
the Community's
as
amended by Directive 2001/12/EC of
the European
Parliament and Council (4), to all relevant railway under-
takings. The railway licence will hereafter consequently
become more widely recognised and used within the
Community.

railways (3),

for

access

licensed
Directive 2001/12/EC provides
railway undertakings to the Trans-European Rail Freight
Network for
the purpose of operating international
freight services as from 15 March 2003 and to the
entire rail network as from 15 March 2008. Member
States will increasingly exchange information on licences
and carry out checks that railway undertakings exer-
cising these access rights have a valid licence and there
is therefore a need to standardise the licence document
and information on licences and make them more easily
available.

(1) OJ L 143, 27.6.1995, p. 70.
(2) OJ L 75, 15.3.2001, p. 26.
(3) OJ L 237, 24.8.1991, p. 25.
(4) OJ L 75, 15.3.2001, p. 1.

(5)

(6)

(7)

All necessary information that confirms that an identi-
fied railway undertaking has been duly licensed for a
certain type of rail transport services can be contained
within a one-page standardised document. The standard
format for the licence document would facilitate publica-
tion of all relevant
information on licences on the
website of the Commission. The standard format could
be modified in the future depending on experience of its
use and the development of the needs for further infor-
mation on licences.

However, the requirements of Article 9 of Directive 95/
18/EC on insurance, or equivalent arrangements for
cover for liability, can vary between Member States
depending on national law and therefore proof that the
railway undertaking meets these national requirements
should be provided for by an annex to the licence docu-
ment. In case the legal requirements on financial cover
for liability make it necessary a separate annex should be
added for each of the Member States where access rights
are exercised by the licensed railway undertaking.

In addition to the requirements of Directive 95/18/EC a
Member State may impose national legal and regulatory
provisions on railway undertakings, as described in
Article 12 of Directive 95/18/EC. These provisions may
be referred to in the licensing document, but should not
be required to be communicated to the Commission in
It
connection with the standard licence document.
should, however, be noticed in that document that they
exist and they should be available on request by the
Commission.

(5) OJ L 322, 6.12.2001, p. 32.

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(8)

this

recommendation have been
The provisions of
submitted to The Developing European Railways
Committee established by Article 11a of Directive 91/
440/EEC and by Article 35 of Directive 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 certification (1), as
amended by Commission Decision 2002/844/EC (2). The
Committee has given a positive opinion on the recom-
mendation.

(9) Where Member States, in applying the requirements of
Directive 95/18/EC, establish rules on the format of
railway licences, this should be based on the standard
format

(10)

The licensing authority of the Member State communi-
cates information on the issuing, suspension, revocation
and amendment of rail
licences to the railway under-
taking concerned and the European Commission using
the standard format for the licence document.

HEREBY RECOMMENDS:

1. Licence documents issued in accordance with Directive 95/
18/EC should use the standard format set out in Annex I to
this Recommendation.

A document should be issued in the case a particular licence
is amended, suspended, revoked or replaced by a temporary
licence and should be presented in the standard format.

2. The proof that a licensed railway undertaking complies with
national requirements concerning insurance or has made
equivalent arrangements for cover for its liabilities should be
set out in an annex to the licence document, using the
standard format laid down in Annex II to this Recommenda-
tion.

3. This Recommendation is addressed to the Member States.

Done at Brussels, 7 April 2004.

For the Commission

Loyola DE PALACIO

Vice-President

(1) OJ L 75, 15.3.2001, p. 29.
(2) OJ L 289, 26.10.2002, p. 30.

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ANNEX I

Standard format for railway licence

The standard format for the railway licence document and the explanations and instructions that are necessary for the
user of the form are laid out on the following pages.

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ANNEX II

Standard format for insurance annex to railway licence

The standard format for the annex to the railway licence document and the explanations and instructions that are neces-
sary for the user of the form are laid out on the following pages.

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