2008/981/EC: Commission Decision of 5 December 2008 extending the derogations from certain provisions of Council Directive 91/440/EEC and Directive 2001/14/EC of the European Parliament and of the Council granted to Ireland and the United Kingdom in respect of Northern Ireland (notified under document number C(2008) 7703)
Date: 2008-12-05
Institutions: European Commission
Subjects: Ireland, Northern Ireland, United Kingdom, derogation from EU law, rail network, rail transport, transport infrastructure, transport safety

L 352/32

EN

Official Journal of the European Union

31.12.2008

COMMISSION DECISION

of 5 December 2008

extending the derogations from certain provisions of Council Directive 91/440/EEC and Directive
2001/14/EC of the European Parliament and of the Council granted to Ireland and the United
Kingdom in respect of Northern Ireland

(notified under document number C(2008) 7703)

(Only the English text is authentic)

(2008/981/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 91/440/EEC of 29 July 1991
on the development of the Community’s railways (1), and in
particular Article 14a(3)
to 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 infra­
structure
particular
Article 33(3) thereof,

thereof, as well as

certification (2),

safety

and

and

in

Whereas:

(1)

(2)

(3)

According to Article 14a of Directive 91/440/EEC and to
Article 33 of Directive 2001/14/EC,
Ireland and the
United Kingdom in respect of Northern Ireland benefit,
due to their specific geographical situation, of dero­
gations from implementing certain provisions of these
Directives such as the requirements to entrust
to an
independent
determining
the
equitable and non-discriminatory access to infrastructure,
to set up an independent regulatory body, provisions
framework agreements and
related to capacity rights,
measures in case of saturation of the rail network as
well as other provisions. These derogations expired on
14 March 2008.

functions

body

of

Ireland requested an extension of the derogations for a
further five years on 13 March 2007 and the United
Kingdom made the same request on 14 March 2007.

Based on evidence provided from the concerned Member
States
the specific
geographical situation of Ireland and Northern Ireland

the Commission concluded that

freight

services and international

and, at this stage, the lack of development prospects for
rail passenger
rail
services would justify extending the derogations by
In the coming years, the potential
another five years.
cost of
the
Directives covered by the derogations would outweigh
implementation of the
the potential benefits of a full
regulatory framework for a Community-wide market
for rail transport services.

complying with the

requirements of

(4)

(5)

Several requests by the Commission for further substan­
tiation of the requests and delays in their provision have
led to a delay in the establishment of this Decision. The
Decision extending the derogations granted to Ireland
and the United Kingdom,
in respect of Northern
Ireland, should take retroactive effect from 15 March
2008.

in this Decision are in
The measures provided for
accordance with the opinion of
the Developing
European Railways Committee, set up by Article 11a of
Directive 91/440/EEC and by Article 35 of Directive
2001/14/EC,

HAS ADOPTED THIS DECISION:

Article 1

The derogation granted to Ireland and the United Kingdom, in
respect of Northern Ireland, referred to in Article 14a(1) of
Directive 91/440/EEC is extended until 14 March 2013.

Article 2

The derogation granted to Ireland and the United Kingdom, in
respect of Northern Ireland, referred to in Article 33(1) of
Directive 2001/14/EC is extended until 14 March 2013.

(1) OJ L 237, 24.8.1991, p. 25.
(2) OJ L 75, 15.3.2001, p. 29.

Article 3

This Decision shall apply from 15 March 2008.

31.12.2008

EN

Official Journal of the European Union

L 352/33

This Decision is addressed to Ireland and the United Kingdom of Great Britain and Northern Ireland.

Article 4

Done at Brussels, 5 December 2008.

For the Commission

Antonio TAJANI
Vice-President