Corrigendum to Directive 2004/51/EC of the European Parliament and of the Council of 29 April 2004 amending Council Directive 91/440/EEC on the development of the Community’s railways (OJ L 164, 30.4.2004)
Date: 2004-06-21
Institutions: Council of the European Union, European Parliament
Subjects: freedom to provide services, freight rate, rail transport, sustainable mobility, trans-European network, transport network

L 220/58

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Official Journal of the European Union

21.6.2004

Corrigendum to Directive 2004/51/EC of the European Parliament and of the Council of 29 April 2004 amending
Council Directive 91/440/EEC on the development of the Community’s railways

(Official Journal of the European Union L 164 of 30 April 2004)

Directive 2004/51/EC should read as follows:

DIRECTIVE 2004/51/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 29 April 2004
amending Council Directive 91/440/EEC on the development of the Community’s railways

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(2)

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 71(1) thereof,

The extension of those access rights to international rail
freight services on the whole network as from 1 Janu-
ary 2006 should lead to greater than expected gains in
terms of modal shift and the development of international
rail freight.

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

(3)

Having regard to the opinion of the European Economic and
Social Committee (2),

Having regard to the opinion of the Committee of the Regions (3),

Acting in accordance with the procedure laid down in Article 251
of the Treaty (4) in the light of the joint text approved by the Con-
ciliation Committee on 23 March 2004,

(4)

Whereas:

(1)

Council Directive 91/440/EEC of 29 July 1991 (5) provides
that licensed railway undertakings are granted rights of
access to the trans-European Rail Freight Network and, at
the latest from 2008, to the whole network for interna-
tional rail freight services.

(1) OJ C 291 E, 26.11.2002, p. 1.
(2) OJ C 61, 14.3.2003, p. 131.
(3) OJ C 66, 19.3.2003, p. 5.
(4) Opinion of the European Parliament of 14 January 2003 (OJ C 38 E,
12.2.2004, p. 89), Council Common Position of 26 June 2003 (OJ
C 270 E, 11.11.2003, p. 1) and Position of the European Parliament
of 23 October 2003 (not yet published in the Official Journal). Legis-
lative Resolution of 22 April 2004 and Decision of the Council of
26 April 2004.

(5) OJ L 237, 24.8.1991, p. 25. Directive as amended by Directive
2001/12/EC of the European Parliament and of the Council (OJ L 75,
15.3.2001, p. 1).

The extension of those access rights to all kinds of rail
freight services as from 1 January 2007, in accordance
with the principle of freedom to provide services, would
improve the efficiency of the rail mode relative to other
modes of transport. It would also facilitate sustainable
transport between and within Member States, by encour-
aging competition and allowing entry of new capital and
enterprises.

railways

This Directive is part of a comprehensive set of measures
announced by the White Paper on transport policy and
encompassing Directive 2004/49/EC on safety on the
Community’s
(Railway Safety Directive) (6),
Directive 2004/50/EC amending the interoperability direc-
tives (7) and Regulation (EC) No 881/2004 establishing the
European railway agency (Agency Regulation) (8). This set
of measures, referred to as the ‘second railway package’,
was adopted to further develop the Community regulatory
framework in the field of railways, as established in par-
ticular by Directives 2001/12/EC (9), 2001/13/EC (10) and
2001/14/EC (11), these latter Directives being referred to as
the ‘first railway package’. In order to complete the regu-
latory framework and pursue the effort to realise an inte-
grated European railway area, the Commission proposed
on 3 March 2004 a third set of measures that will further
contribute to the objective of this Directive. This proposed
third step addresses train drivers licensing, quality of

(6) See page 16 of this Official Journal.
(7) See page 40 of this Official Journal
(8) See page 3 of this Official Journal
(9) OJ L 75, 15.3.2001, p. 1.
(10) OJ L 75, 15.3.2001, p. 26.
(11) OJ L 75, 15.3.2001, p. 29. Directive as amended by Commission

Decision 2002/844/EC (OJ L 289, 26.10.2002, p. 30).

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service for rail freight transport, passenger rights in inter-
national railway transport and market-opening for inter-
national passenger transport services by rail. The European
Parliament voted already in October 2003 in this legisla-
tive procedure on an amendment aiming at the market-
opening for all passenger transport services by 2008. The
European Parliament and the Council agreed to examine
diligently the third set of measures. With regard to market-
opening for international passenger transport services, the
date of 2010 proposed by the Commission has to be con-
sidered as an objective allowing all operators to prepare in
an appropriate manner.

The Commission should study developments in traffic,
safety, working conditions and the situation of operators
and should produce, by 1 January 2006, a report on those
developments accompanied, where appropriate, by fresh
proposals providing a basis for the best possible conditions
for the Member States’ economies, for rail undertakings
and their employees, and for rail users.

Rail freight services offer considerable opportunities for the
creation of new transport services and the improvement of
existing ones at national and at European level.

To be fully competitive, rail freight transport increasingly
requires the provision of comprehensive services, includ-
ing transport between and within Member States.

Since railway safety is regulated by Directive 2004/49/EC
as part of a new coherent Community regulatory frame-
work for the railway sector, the provisions on safety con-
tained in Directive 91/440/EEC should be repealed.

(5)

(6)

(7)

(8)

2. Article 10 shall be amended as follows:

(a) paragraph 3 shall be replaced by the following:

‘3.
Railway undertakings within the scope of Article 2
shall be granted, on equitable conditions, access to the
Trans-European Rail Freight Network defined in
Article 10a and in Annex I and, at the latest by 1 Janu-
ary 2006, to the entire rail network, for the purpose of
operating international freight services.

In addition, at the latest by 1 January 2007, railway
undertakings within the scope of Article 2 shall be
granted, on equitable conditions, access to the infrastruc-
ture in all Member States for the purpose of operating all
types of rail freight services.’

(b) paragraph 5 shall be replaced by the following:

‘5.
Any railway undertaking engaged in rail transport
services shall conclude the necessary agreements on the
basis of public or private law with the infrastructure
managers of the railway infrastructure used. The condi-
tions governing such agreements
shall be non-
discriminatory and transparent, in conformity with the
provisions 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 (*).

(*) OJ L 75, 15.3.2001, p. 29. Directive as amended by
Commission Decision 2002/844/EC (OJ L 289,
26.10.2002, p. 30).’

(9)

Directive 91/440/EEC should therefore be amended
accordingly,

(c) paragraph 6 shall be replaced by the following:

HAVE ADOPTED THIS DIRECTIVE:

Article 1

‘6.
Track access to, and supply of services in, the ter-
minals and ports linked to rail activities referred to in
paragraphs 1, 2 and 3, serving or potentially serving
more than one final customer, shall be provided to all
railway undertakings in a non-discriminatory and trans-
parent manner and requests by railway undertakings
may be subject to restrictions only if viable alternatives
by rail under market conditions exist.’

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

(d) paragraph 8 shall be replaced by the following:

1.

in Article 7, paragraph 2 shall be deleted at the date of entry
into force of the Directive 2004/49/EC of the European Par-
liament and of the Council of 29 April 2004 on safety on the
Community’s railways;

‘8.
By 1 January 2006, 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 this
Directive.

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Official Journal of the European Union

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This report shall address:

Article 2

— implementation of this Directive in the Member
States and the effective working of the various bod-
ies involved,

— market development,

in particular international
traffic trends, activities and market share of all mar-
ket actors, including new entrants,

— impact on the overall transport sector, in particular

as regards modal shift,

— impact on the level of safety in each Member State,

— working conditions in the sector, for each Member

State.

If necessary, it shall be accompanied by suitable propos-
als or recommendations on continuing Community
action to develop the railway market and the legal frame-
work governing it.’

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive
by 31 December 2005 at the latest. They shall forthwith inform
the Commission thereof.

When Member States adopt these measures they shall contain a
reference to this Directive or shall be accompanied by such a ref-
erence on the occasion of their official publication. The methods
of making such reference shall be laid down by the Member States.

Article 3

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

Article 4

This Directive is addressed to the Member States.

3.

in Article 10b(4), point (c) shall be replaced by the following:

Done at Strasbourg, 29 April 2004.

‘(c)

the state of the European railway network’

4. Article 14 shall be deleted.

For the European Parliament
The President
P. COX

For the Council
The President
M. McDOWELL