CELEX: 51977PC0637
Language: en
Date: 1977-12-02
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 1192/69 ON COMMON RULES FOR THE NORMALIZATION OF THE ACCOUNTS OF RAILWAY UNDERTAKINGS

2 1 . 1 2 . 77                           Official Journal of the European Communities                                     N o C 307/5
                5. Applications for reimbursement shall relate to expenditure incurred by the Member State
                    concerned in the course of a calendar year and shall be forwarded to the Commission before
                    1 July of the following year.
                    After consulting the EAGGF Committee on the financial aspects, the Commission shall take
                    decisions on these applications, together or separately.
                6. The Member States shall furnish the Commission with all information which it may request
                    on the application of this Decision.
                    If the Commission considers that the facilities for which Community financial aid was granted
                    under this Decision are not being used for the purposes intended, the Member State
                    concerned shall be so informed. The latter shall then initiate an administrative inquiry in
                    which officials of the Commission may participate, and shall inform the Commission of the
                    progress and the findings of the inquiry.
                    The Commission may make inspections to verify application of this Decision by the Member
                    States concerned. The latter shall assist the officials appointed by the Commission for this
                    purpose.
                7. Each year the Commission shall present to the Council and to the European Parliament a
                    report based on information supplied by Denmark and Ireland on the measures taken in
                    respect of the maritime inspection and surveillance of the fishing zones off the coasts of
                    Greenland and Ireland.
                 Proposal for a Council Regulation amending Regulation (EEC) N o 1192/69 on common
                              rules for the normalization of the accounts of railway undertakings
                              (Submitted  by the Commission     to the Council on 7 December      1977)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                Having regard to the opinion of the European Parlia-
                                                                        ment,
Having regard to the Treaty establishing the European
Economic C o m m u n i t y , and in particular Articles 75             Having regard to the opinion of the Economic and
and 94 thereof,                                                         Social Committee,
Having regard to Council Decision 6 5 / 2 7 1 / E E C of 13            Whereas one of the objectives of the c o m m o n trans-
M a y 1965 on the harmonization of certain provisions                   port policy is to eliminate disparities which arise by
affecting competition in transport by rail, road and                   reason of the imposition of financial burdens on, or
inland w a t e r w a y ( 1 ),                                          the grant of benefits to, railway undertakings by pub-
                                                                        lic authorities, and which are consequently liable to
                                                                       cause substantial distortion in the conditions of
Having regard to Council Regulation (EEC) N o                          competition;
1192/69 of 26 June 1969 on c o m m o n rules for the
normalization of railway undertakings ( 2 ), and in par-
ticular Articles 3 (2), 4 (4) and paragraph B (4) of                   Whereas a first step in this field has been realized by
Annex III,                                                             the adoption of Regulation (EEC) N o 1192/69;
Having regard to the proposal f r o m the Commission,                  Whereas Article 3 (2) of Council Regulation (EEC)
                                                                       N o 1192169 provides for its scope to be extended to
                                                                       cover railway undertakings other than the m a j o r
                                                                       national undertakings listed in p a r a g r a p h 1, as
(!) OJ No 88, 24. 5. 1965, p. 1500/65.                                 amended by Chapter IV, T r a n s p o r t , p a r a g r a p h 2, of
(=) OJ No L 156, 28. 6. 1969, p. 8.                                    Annex I to the Act concerning the Conditions of
 ---pagebreak--- N o C 307/6                            Official Journal of the European Communities                                   2 1 . 1 2 . 77
Accession and the Adjustments to the Treaties; and                HAS ADOPTED THIS REGULATION:
whereas at the present stage of integration of the
transport market it is worthwhile extending the scope
of that Regulation only to cover railway undertakings                                        Article 1
which participate substantially in international trans-
port; and whereas it is the responsibility of those               Paragraph 2 of Article 3 of Council Regulation (EEC)
undertakings, under a procedure to be laid d o w n by             N o 1192/69 is amended to read as follows:
the governments, to show that they meet the afore-
mentioned conditions;                                                 '2.     This Regulation shall also apply to railway
                                                                      undertakings other than those listed in p a r a g r a p h
Whereas the classes of financial burdens and benefits                 1 to the extent that, under a procedure fixed by
listed in Article 4 (2) of Regulation (EEC) N o 1192/69               the State, it can be shown that these undertakings
should have been abolished by 1 January 1971 at the                   bear financial burdens covered by one of the
latest; whereas the opportunity should nevertheless be                classes listed in Article 4 and that international
given to M e m b e r States, where exceptional economic               transport constitutes a substantial p a r t of their ac-
and social circumstances so require, to impose on the                 tivities.'
 railway undertakings certain of the measures covered
by these classes; and whereas it will therefore be
necessary to make compensation in respect of such                                            Article 2
 measures;
                                                                  Paragraph 2 of Article 4 of Council Regulation (EEC)
Whereas, in respect of the classes of financial burdens
                                                                  N o 11,92/6.9 of 26 June 1969 is amended to read as
 and benefits listed in Article 4 (4) of Regulation
                                                                  follows:
 (EEC) N o 1192/69, the Council is to adopt a final
 settlement by the time that measures are adopted for
 the implementation of Article 8 of Decision 65/271/                   '2.    T h e following classes of b u r d e n or benefit,
 EEC; and whereas the Council adopted such                            which may however be imposed on railway
 measures by its Decision 75/327/EEC of 20 M a y 1975                 undertakings only where exceptional economic and
 on the improvement of the situation of railway under-                social circumstances so require, shall be normal-
takings and the harmonization of rules governing                      ized within the meaning of this Regulation:
 financial relations between such undertakings and
                                                                       (a) the obligation u p o n railway undertakings
 States (i); whereas certain of these categories of bur-
                                                                            alone to recruit staff surplus to their require-
 dens and benefits are no longer justified and should
                                                                            ments (Class V);
 therefore be abolished; whereas others should be
 made subject to an examination under the procedures                   (b) backdated increases in wages and salaries im-
 of consultation between M e m b e r States and the rail-                   posed by the government of a M e m b e r State,
 way undertakings provided for under Article 4 of De-                       except where such increases are m a d e for the
 cision 7 5 / 3 2 7 / E E C and where appropriate should be                 sole purpose of bringing the wages and salar-
 the subject of adequate compensation;                                      ies paid by railway undertakings into line
                                                                            with the wages and salaries paid elsewhere in
 Whereas p a r a g r a p h B (4) of Annex III to Council                    the transport sector (Class VI);
 Regulation (EEC) N o 1192/69 provides that the
 Commission shall, by 31 December 1971, submit a                        (c) delay imposed by the competent authorities
 report on the estimated a m o u n t of compensation                        with regard to renewals and maintenance
 which, in application of the principles adopted in the                      (Class VII)/
 said Annex, each M e m b e r State intends to pay to its
 railway undertakings; and whereas, on the basis of
 that report and by not later than the time when                                             Article 3
 measures are adopted for the implementation of
 Article 8 of Decision 65/271/EEC, the Council shall              Paragraph 4 of Article 4 of Regulation (EEC) N o
 decide w h a t action to take; and whereas the Commis-           1192/69 is hereby amended to read as follows:
 sion transmitted its report to the Council on 25 Octo-
 ber 1972 and the measures for the implementation of
                                                                       '4.     T h e following classes of financial burden or
 Article 8 of the Decision were adopted by the Coun-
                                                                       benefit shall be the subject of normalization of ac-
 cil in its Decision 75/327/EEC; and whereas it is
                                                                        counts within the meaning of this Regulation if it
 therefore desirable to arrive at a closer harmonization
                                                                       is decided to maintain them after examination
  of the principles of calculation concerned,
                                                                       tinder the consultation and cooperation proce-
                                                                        dures laid d o w n for the establishment of business
                                                                        plans and financial p r o g r a m m e s in Articles 4 ( 1 )
 H OJ No L 152, 12. 6. 1975, p. 3.                                      and 13 respectively of Council Decision 75/327/
 ---pagebreak---  21. 12. 77                           Official Journal of the European Communities                          N o C 307/7
     EEC of 20 May 1975 on the improvement of the                       The difference in terms resulting in the differ-
      situation of railway undertakings and the har-                    ence in payments may arise by reason of:
      monization of rules governing financial relations
      between such undertakings and States (*):                        1. the fact that the railways must pay pen-
                                                                           sions as they fall due directly and in full
      (a) the obligation to retain staff surplus to the re-                while other transport undertakings pay to
           quirements of the undertaking (Class IX);                      an appropriate body a contribution propor-
                                                                           tionate to the number of their active staff
      (b) measures benefiting staff, in recognition of                     and to the level of salaries and wages of
           certain services rendered to their country, im-                 that staff; or
           posed on railway undertakings by the State
           on terms different from those applicable to                 2. the fact that railway staff receive the bene-
            other transport undertakings (Class X);                       fit of certain special provisions to which
                                                                           other modes of transport are not subject
      (c) allowances payable to staff imposed on rail-                     and which result in additional burdens on
           way undertakings and not on other transport                     or in benefits for railways.
           undertakings (Class XI);
      (d) expenditure of a social character incurred by             B. Principles of calculation
           railway undertakings, in respect in particular
           of medical treatment, different from that
                                                                       1. With regard to payments covered by A (1),
           which they would bear if they had to contri-
                                                                          compensation shall be equal to the differ-
           bute on the same basis as other transport
                                                                          ence between the financial burden which
           undertakings (Class XII);
                                                                          the undertaking bears and that which it
                                                                          would bear if, with the same number of
     (e) financial burdens devolving upon railway                         persons actively employed and receiving
           undertakings in consequence of their being re-                 the same remuneration, they were subject
           quired by the State to keep in operation                       either to the scheme under the general law
           works or other establishments in circum-                       (general social security scheme or compul-
           stances inconsistent with operation on a com-                  sory supplementary schemes) or to the
           mercial basis (Class XIII).'                                   scheme applicable to other modes of trans-
                                                                          port. In cases where such schemes offer no
                                                                          basis for comparison, the retirement and
                           Article 4                                      pensions scheme of a representative trans-
                                                                          port undertaking shall be taken as a basis.
 Annexes XIV and XV of Council Regulation (EEC)
 N o 1192/69 are hereby repealed. Annex III of the                        The financial burden borne by the railway
 same Regulation is hereby replaced by the following:                     undertaking shall be ascertained directly
                                                                          from its accounts.            ,
     'Annex III                                                           The financial burden which the undertak-
                                                                          ing would bear, if, with the same number
     Class 111: Payments in respect of retirement and
                                                                          of persons actively employed and receiving
                  pensions borne by railway undertak-
                                                                          the same remuneration, it were subject to
                  ings on terms different from those ap-
                                                                          the scheme taken as a basis of comparison,
                  plicable to other transport undertak-
                                                                          shall be determined by applying the pro-
                  ings.
                                                                          visions laid down by law, regulation or ad-
                                                                          ministrative action governing such scheme.
    A. Scope
          This class covers cases where, pursuant to                   2. With regard to the payments covered by A
         some provision laid down by law, regulation                      (2), compensation shall be equal to the
          or administrative action, a railway undertak-                   difference between:
         ing is required to make payments in respect of
                                                                          — the financial burden which the under-
         retirement and other pensions for its staff and
                                                                              taking bears or would bear in order to
         other persons entitled on terms different from
                                                                              cover the totality of the payments in re-
         those applicable to other transport undertak-
                                                                              spect of the retirement and pensions
          ings.
                                                                              scheme to which it is subject, taking
                                                                              into account, where appropriate, any
                                                                              direct or indirect benefits which the
n OJ No L 152, 12. 6. 1975, p. 3.                                             undertaking enjoys by comparison with
                    $
 ---pagebreak--- No C 307/8                       Official J o u r n a l of the European Communities                              21. 12. 77
             other modes of transport by reason of                           shall notify the Commission of any sums
             the application of that scheme, and                             they pay into independent pension f u n d s
                                                                             f r o m which the staff of the railway under-
        — the financial burden which w o u l d result                        takings may benefit.'
            if the scheme taken as a basis of com-
             parison were applied.
                                                                                           Article 5
        T o enable the Commission to evaluate the
        a m o u n t of the compensation calculated in
        accordance with the principles set out in                 This Regulation shall be binding in its entirety and
        paragraphs 1 and 2, the M e m b e r States                directly applicable in all M e m b e r States.