CELEX: 51995PC0271
Language: en
Date: 1995-06-15
Title: Amended proposal for a COUNCIL DIRECTIVE on the interoperability of the European high-speed train network

COMMISSION OF THE EUROPEAN COMMUNITIES
-et a
ir  *
                                           Brussels, 15 06 1995
                                           COM(95) 271 final
                                           94/0112 (SYN)
                        Amended proposal for a
                        COUNCIL DIRECTIVE
                      on the interoperability of the
                European high-speed train network
      (presented by the Commission pursuant to Article 189 a (2)
                           of the EC-Treaty)
 ---pagebreak---  ---pagebreak---                           EXPLANATORY MEMORANDUM
The Commission has decided to amend its proposal for a Council Directive on
the interoperability of the European high-speed train network in response to the
opinion of the European Parliament*2) of 19 January 1995 and in conformity with
Article 189a(2) of the EC Treaty.
The Commission has approved the amendments concerning :
-     progress towards the interoperability of the entire European high-speed train
      network and the development of legislative proposals relating to the inter-
      operability of the conventional rail network, which will boost the development
      of the industrial sector and the railway undertakings (amendments 1 and 2),
-     the development of technical, operational and/or administrative solutions
      which will make it possible to integrate rapid goods services in the European
      high-speed rail network to the benefit of clients (amendment 3),
-     the interconnection of the ticketing, reservation and information systems in
      order to give users easy access to the whole European high-speed rail net-
      work (amendment 4),
-     the change in the wording designed to make a clear distinction between the
      notified body as such and the staff working for it (amendment 9),
-     the independent status of the notified bodies, which reinforces the obligation
      as to the impartiality and independence of those bodies (amendment 10),
-     the periodic report on interoperability which will enable Parliament and the
      Council to monitor progress towards achieving interoperability of the Euro-
       pean high-speed train network(amendment 12).
 (2)   EP doc. 186.411 - A4-0097/94, 19.1.1995.
                                           -4-
 ---pagebreak--- The Commission rejected the amendments concerning :
-    The involvement of non-Community European countries, in particular
     Switzerland and the countries of Central and Eastern Europe, in the inter-
     operability activities in the framework of the Directive (amendment 5).
     Nevertheless, the Commission recognizes the importance of a truly trans-
     European network which does not stop at the Union's frontiers; however,
     this should be dealt with in bilateral or multilateral agreements. Negotiations
     are in progress or planned outside the scope of the Directive. As regards
     Switzerland, it is already fully integrated in the work on developing the
     technical interoperability specifications provided for in the Directive.
-    The harmonization of staff training and of examination and qualification pro-
     cedures relating to the operation of high-speed trains. Given that education
     and training are the responsibility of Member States, such harmonization
     would conflict with the subsidiarity principle (amendments 7 and 8).
-    Specific high-speed train systems and the networks using this rolling stock.
     The Directive cannot under any circumstances include names of under-
     takings or of specific systems (amendment 13).
                                         -3-
 ---pagebreak---             Amended proposal for a Council Directive
on the interoperability of the European high-speed train network
      Original text                                  Amended text
                          Recital 1a (new)
                                      Whereas, with a view to making a
                                      People's Europe a reality, this Directive
                                      represents the first step towards the
                                      interoperability of the entire European
                                      train network;
                          Recital 3a (new)
                                      Whereas in April 1994 the Commission
                                      submitted a proposal for a European
                                      Parliament and Council Decision on
                                      Community guidelines for the develop-
                                      ment of the trans-European transport
                                      network 0) which also includes network
                                      schemes for conventional train networks;
                                      whereas, therefore, once this Decision
                                      enters into force the Commission will
                                      also submit proposals for the inter-
                                      operability of the conventional rail net-
                                      work, in particular with a view to remo-
                                      ving obstacles to transfrontier regional
                                      traffic;
                                       <1> COM (94) 0106, 7.4.1994.
                                 -4-
 ---pagebreak---                 Original text                                     Amended text
in.                                        Recital 5
Whereas the operation in commercial                Whereas the operation in commercial
service of high-speed trains requires that         service of high-speed trains requires that
there is excellent coherence between               there is excellent coherence between
the characteristics of the infrastructure          the characteristics of the infrastructure
and that of the rolling stock; whereas             and that of the rolling stock; whereas
performance levels, service quality and            performance levels, service quality and
cost depend upon that coherence and                cost depend upon that coherence and
that, in particular, the interoperability of       whereas, in particular, the inter-
the European high-speed train network              operability of the European high-speed
is founded upon that coherence;                    train network is founded upon that co-
                                                   herence; whereas, although the high-
                                                   speed network is designed primarily for
                                                   passengers, ways and means should
                                                   gradually be found of enabling the
                                                   network to carry rapid goods services;
 IV.                                   Recital 5a (new)
                                                    Whereas users must also have easy
                                                    access to the whole European high-
                                                    speed train network; whereas, there-
                                                    fore, the interoperability of the ticketing,
                                                    reservation and information systems of
                                                    the European high-speed train network
                                                    must also be guaranteed;
 V.                                     Article 24 (new)
                                                    Every two years the Commission shall
                                                    report to the European Parliament and
                                                    the Council on the progress made to-
                                                    wards achieving interoperability of the
                                                     European high-speed train network.
                                              -5-
 ---pagebreak---                Original text                                     Amended text
VI.                              Article 25 (ex Article 24)
This Directive shall enter into force            This Directive shall enter into force
21 days after its publication in the             21 days after its publication in the
Official Journal of the European                 Official Journal of the European
Communities.                                     Communities.
VII.                                   Annex VIII (2)
2.    The body and the staff responsible               The staff responsible for inspection
      for inspection must carry out the                 must carry out the checking
      checking operations with the                      operations with the greatest
      greatest possible professional in-                possible professional integrity and
      tegrity and the greatest possible                the greatest possible technical
      technical competence and must be                  competence and must be free of
      free of any pressure and incentive,               any pressure and incentive, in par-
      in particular of a financial type,                ticular of a financial type, which
      which may affect their judgment or                may affect their judgment or the
      the results of their inspection, and              results of their inspection, and in
      in particular those generated by                  particular those generated by per-
      persons or groups of persons                      sons or groups of persons affected
      affected by the results of the                    by the results of the checks.
      checks.
VIII.                               Annex VIII (3) (new)
                                                        The Member States shall take the
                                                         measures necessary to ensure
                                                        that the bodies referred to in this
                                                        Annex are legally independent
                                                         entities in terms of management,
                                                         administration and internal admi-
                                                         nistrative, economic and accoun-
                                                         ting controls.
                                              6-
 ---pagebreak---                Original text                                  Amended text
IX.                            Annex VIII (4) (ex point 3)
     That body must employ staff and            4.   That body must employ staff and
     possess the means that are                      possess the means that are
     required in order adequately to                 required in order adequately to
     perform the technical and ad-                   perform the technical and ad-
     ministrative tasks that are linked              ministrative tasks that are linked
     with the conducting of checks. It               with the conducting of checks. It
     should also have access to the                  should also have access to the
     equipment needed for exceptional                equipment needed for exceptional
     checks.                                         checks.
X.                             Annex VHI (5) (ex point 4)
     The staff responsible for checking              The staff responsible for checking
     shall possess :                                 shall possess :
     -   proper technical and vocational             -   proper technical and vocational
         training,                                       training,
     -   a satisfactory knowledge of the             -   a satisfactory knowledge of the
         requirements relating to the                    requirements relating to the
         checks that it carries out and                  checks that it carries out and
         sufficient practice in those                    sufficient practice in those
         checks,                                         checks,
     -   the abilities needed in order to            -   the abilities needed in order to
         draw up certificates, records                   draw up certificates, records
         and reports which are the                       and reports which are the
         tangible outcome of the inspec-                 tangible outcome of the inspec-
         tions conducted.                                tions conducted.
 XI.                           Annex VHI (6) (ex point 5)
      The independence of the staff                   The independence of the staff
      responsible for inspections must                responsible for inspections must
      be guaranteed. No official must be              be guaranteed. No official must be
      remunerated either on the basis of              remunerated either on the basis of
      tie number of inspections per-                  the number of inspections per-
      formed or on the results of those               formed or on the results of those
      inspections.                                    inspections.
                                            7-
 ---pagebreak---                 Original text                                    Amended text
XII.                             Annex VIM (7) (ex point 6)
      That body shall take out civil lia-         L.    That body shall take out civil lia-
      bility insurance unless that liability            bility insurance unless that liability
      is covered by the State under na-                 is covered by the State under na-
      tional law or unless the inspections              tional law or unless the inspections
      are carried out directly by that                  are carried out directly by that
      Member State.                                     Member State.
XIII.                             Annex VIII (8) (ex point 7)
       The staff of that body are bound                 The staff of that body are bound
       by professional confidentiality with              by professional confidentiality with
       regard to everything that they learn              regard to everything that they learn
       in the performance of their                       in the performance of their
       functions (with the exception of the              functions (with the exception of the
       competent administrative authori-                 competent administrative authori-
       ties in the State where they per-                 ties in the State where they per-
       form those activities) in pursuance               form those activities) in pursuance
       of this Directive or any provision of             of this Directive or any provision of
       national law implementing the                     national law implementing the
       Directive.                                        Directive.
                                              -8-
 ---pagebreak---                                                                   ISSN 0254-1475
                                                            COM(95) 271 final
                                              DOCUMENTS
EN                                                                           07
                                     Catalogue number : CB-CO-95-292-KN-C
                                                             ISBN 92-77-90448-8
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