CELEX: 51996PC0249
Language: en
Date: 1996-06-10
Title: Re-examined proposal for a COUNCIL DIRECTIVE on the interoperability of the trans-European high-speed railway system

COMMISSION OF THE EUROPEAN COMMUNITIES
                                     Brussels, 10 06 1996
                                     COM(%) 249 final
                                     94/0112 (SYN)
                Re-examined proposal for a
                 COUNCIL DIRECTIVE
           on the Interoperability of the
  trans-European high-speed railway system
(presented by the Commission pursuant to Article 189 c (d)
                     of the EC Treaty)
 ---pagebreak---  ---pagebreak---                         A. EXPLANATORY MEMORANDUM
On 8 December 1995, the Council unanimously adopted a common position [(EC)
No 36/95 (1)] on the adoption of a Council Directive on the interoperability of the
trans-European high-speed railway system. This Directive is based on the Com-
mission proposal [COM(94)0107 of 15 April 1994(2)], as modified, following first
reading by the European Parliament, by the amended proposal [COM(95)0271 of
15 June 1995(3)].
At its plenary session of 15 - 19 April 1996, the European Parliament adopted, on
second reading, eight amendments to the text of the Council's common position,
numbered 1 to 4 and 9 to 12.
Amendment No 1 adds to the first recital, stressing, in line with Article 129b of the
Treaty, the aim of the interoperability of the entire European rail network. The
Commission approved this amendment, as progressive convergence toward the
interoperability of the European rail network as a whole will further the develop-
ment of the railway sector.
Amendment No 2 adds to the third recital, opening up a global vision of the rail
transport network schemes and indicating that, in future, proposals for the inter-
operability of the conventional rail network will be submitted by the Commission.
The Commission approved this amendment, while making the requisite editing
alterations, as it accords with the aims it set out in the explanatory memoran-
dum to its "proposal for a European Parliament and Council Decision on Com-
munity guidelines for the development of the trans-European transport network"
[COM(94)0106 of 7 April 1994 W].
Amendment No 3 modifies the fifth recital, specifying that, beyond passenger
transport, ways and means need gradually to be found for the network to carry ra-
pid goods services. The Commission approved this amendment, especially as the
whole area of the high-speed transportation of rapid services or urgent or pe-
 rishable goods is under study in a number of Member States.
 <1)   OJ No C 356 of 30.12.1995, p. 43.
 (2)   OJ No C 134 of 17.05.1994, p. 6.
  3
 ()    OJ No C 203 of 08.08.1995, p. 13.
 W     OJ No C 220 of 08.08.1994, p. 1.
                                         -2
 ---pagebreak--- Amendment No 4 adds to the fifth recital, specifying that access to the European
high-speed train network must be rendered easier. The Commission approved
this amendment as it accords with its vision of a "citizens' network". It is also in
line with the opinion delivered by the Economic and Social Committee, which was
approved on 23 November 1994 [ESC 1297/94 (5)].
Amendments No's 9 and 12 relate to Article 7, which deals with derogations from
the Directive. They propose, in view of the major economic considerations invol-
ved, the application of one and the same vetting procedure for all four derogations
allowed under this Article. The Commission approved these amendments, while
making the requisite editing alterations, as it sees them as recognition of the fact
that all the derogations under this Article relate to economic considerations.
Amendment No 10 overhauls Article 21. It replaces the advisory committee pro-
cedure contained in the Council's common position by the consultative committee
procedure advocated by the Commission in its original proposal. The Commis-
sion approved this amendment, while making the requisite editing alterations, as it
makes for a simpler and faster procedure.
Amendment No 11 adds an essential requirement to Annex III aimed at the con-
sumer protection. The Commission approved this amendment, as it sees inter-
operability of the trans-European high-speed rail system as an urgent necessity,
not just for technical reasons but also to meet the needs of citizens.
 «    OJ No C 3*7 of 31.12.1994, p. 8.
                                          • 3-
 ---pagebreak---                         B. RE-EXAMINED PROPOSAL
/.   Preamble
     1.  The following recital is added following the first recital :
         "Whereas, with a view to making a people's Europe a reality, this Di-
         rective represents the first step towards the interoperability of the entire
         European railway network ;"
     2.  The following recital is added following the third recital :
         "Whereas in April 1994 the Commission submitted a proposal for a
         European Parliament and Council Decision on Community guidelines
         for the development of the trans-European transport network (6), which
         also includes network schemes for the conventional railway network ;
         whereas, therefore, once this decision enters into force, the Commis-
         sion retains the option of submitting proposals for the interoperability
         of the conventional rail network, in particular with a view to removing
         obstacles to trans-frontier local and regional traffic ;"
     3.  The fifth recital is replaced by the following :
         "Whereas the commercial operation of high-speed trains requires ex-
         cellent compatibility between the characteristics of the infrastructure
         and those of the rolling stock ; whereas performance levels, safety,
         quality of service and cost depend upon such compatibility as does, in
         particular, the interoperability of the European high-speed rail system ;
         whereas, although the high-speed network is designed primarily for
         passengers, the intention is that ways and means should gradually be
         found of enabling the network to carry rapid goods services ;
         Whereas passengers must have easy access to the whole European
         high-speed railway network ; whereas, therefore, the interoperability of
         the ticketing, reservation and information systems of the European
         high-speed railway network must also be guaranteed ;"
 <6> COM(94)0106 of 07.04.1994 (OJ No C 220 of 08.08.1994, p. 1.)
                                         -4-
 ---pagebreak--- //. The text proper
    1.   The text of the introductory part to Article 7, and paragraphs (a), (b)
         and (c) thereof remain unchanged.
    2.   The text of paragraph (d) of Article 7 is replaced by the following :
              "(d) in the case of a project for upgrading an existing line for
                     high-speed, where application of these TSIs compromises
                     the economic viability of the project.
                     The Member State concerned shall notify its intended de-
                     rogation to the Commission in advance and shall forward to
                     it a file setting out the technical specifications or parts of
                     specifications for interoperability which it wishes not to
                     apply."
    3.   The following paragraph 2 is added to Article 7 :
         "2.   In the cases referred to under (a) to (d) the Commission shali exa-
              mine whether the measures envisaged by the Member State are
              justified and shall take a decision in accordance with the proce-
              dure in Article 21 (2)."
    4.   The text of Article 21 is replaced by the following :
         "1.  The Commission shall be assisted by an advisory committee for
              rail transport, composed of the representatives of the Member
               States and chaired by the representative of the Commission.
         2.   The representative of the Commission shall submit to the standing
              committee a draft of the measures to be taken. The committee
              shall deliver its opinion on the draft - if necessary, by taking a
              vote - within a time limit which the chairman may lay down accor-
              ding to the urgency of the matter. The opinion shall be recorded
               in the minutes; in addition, any Member State may request that its
              position be recorded in the minutes.
              The Commission shall take account of the committee's opinion as
              far as possible. It shall inform the committee how it has taken ac-
              count of its opinion.
                                        -S~
 ---pagebreak---            3.    The committee may discuss any matter concerning the interopera-
                 bility of the European high-speed rail system.
           4.    Should it prove necessary, the committee may set up working par-
                 ties to aid it in carrying out its tasks, in particular with a view to
                 contributing to the coordination of the notified bodies."
///. Annexes
     The text of Annex III is supplemented, after § 2.7.3., by the following text :
     "2.8.    Users
     2.8.1. Consumer protection
              Information and offers concerning services must be transparent and
              guaranteed throughout the European high-speed rail network."
                                           -6-
 ---pagebreak---                                                                  ISSN 0254-1475
                                                          COM(96) 249 final
                                             DOCUMENTS
EN                                                                           07
                                     Catalogue number : CB-CO-96-257-EN-C
                                                             ISBN 92-78-04827-5
Office for Official Publications of the European Communities
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                                                   *}