CELEX: 51989PC0564(02)
Language: en
Date: 1990-01-25
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 1191/69 ON ACTION BY MEMBER STATES CONCERNING THE OBLIGATIONS INHERENT IN THE CONCEPT OF A PUBLIC SERVICE IN TRANSPORT BY RAIL, ROAD AND INLAND WATERWAY

14. 2. 90                              Official Journal of the European Communities                             No C 34/11
                           Article 12                                The provisions adopted pursuant to the first
                                                                     subparagraph shall make express reference to this
  Decision 75/327/EEC (') is hereby repealed.                        Directive.
                                                                     2.     Member States shall forthwith inform the
                           Article 13
                                                                     Commission     thereof    and     communicate    to   the
  1.    Member States shall, after consultation with the             Commission the provisions of national law which they
  Commission, bring into force the laws, regulations and             adopt in the field covered by this Directive, which
  administrative provisions necessary to comply with this           provisions shall be communicated by the Commission to
  Directive not later than 1 January 1993.                          the Member States.
                                                                                             Article 14
  0) OJ No L 152, 12. 6. 1975, p. 3.                                This Directive is addressed to the Member States.
               Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 1191/69 on action
               by Member States concerning the obligations inherent in the concept of a public service in
                                          transport by rail, road and inland waterway
                                                       COM(89) 564 final
                                      (Submitted by the Commission on 1 December 1989)
                                                          (90/C 34/07)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           obligations is no longer justifiable to meet the public
                                                                    transport needs, except for the provision of certain
                                                                    urban, suburban and regional services;
 Having regard to the Treaty establishing the European
 Economic Community, and in particular Article 75
 thereof,
                                                                    Whereas it is therefore necessary to amend Council
                                                                    Regulation (EEC) No 1191/69 ( l ) to lay down the
                                                                    general rules governing the public service contracts,
 Having regard to the proposal from the Commission,
 Having regard      to   the   opinion   of   the   European
                                                                    HAS ADOPTED THIS REGULATION
 Parliament,
 Having regard to the opinion of the Economic and                                            Article 1
 Social Committee,
                                                                    Council Regulation (EEC)         No   1191/69  is hereby
                                                                    amended as follows:
Whereas one of the objectives of the common transport
policy is to eliminate disparities in the conditions
inherent in the concept of public services liable to cause          1. paragraphs 2, 3 and 4 of Article 1 are replaced by the
substantial distortion in the transport market;                         following:
Whereas the public interest of transport services may                   '2.   When necessary in order to ensure adequate
justify their continued operation under the concept of a                transport on specific routes or in specific areas
public service;                                                         Member States may provide for the establishment or
                                                                        continuation of public services on the basis of
                                                                        contracts to be negotiated with undertakings in
Whereas the arrangements for such an operation should                   accordance with Article 14.
be established between the competent authorities and the
undertakings within the framework of a contract in
order to ensure the commercial operation of the latter;
                                                                        3.   Nevertheless, Member States may maintain
                                                                        urban, suburban and regional services subject to the
Whereas, in the light of the possibilities offered by such
contracts, the continued imposition of public service              (') OJ No L 156, 28. 6. 1969, p. 1.
 ---pagebreak--- No C 34/12                             Official Journal of the European Communities                                 14. 2. 90
   imposition of public service obligations referred to in          — the provision of a transport service satisfying fixed
   paragraph 1. Such services shall be operated as a                    standards of continuity, regularity, capacity and
   specific division meeting the following requirements:                quality,
   (a) to have separate accounts and a clear division of            — the operation of any additional services,
         assets;
                                                                    — transport at specified rates and subject to specified
   (b) to be granted internal autonomy as regards                       conditions, in particular for certain categories of
         current management and control over adminis-                   passenger or on certain routes.
         trative and accounting matters;
                                                                    A public service contract can involve either the
   (c) to have a financial balance on the basis of                  operation of a service in a way that entails economic
         receipts, subsidies and compensations, without             disadvantages for the undertaking or the creation or
         support from or to any other operation of the              maintenance of a transport service that otherwise
         undertaking.                                               would not be operated.
   4. Financial burdens devolving on transport under-               3. A public service contract shall be agreed in
   takings by reason of the imposition of the obligation            advance and should cover, inter alia, the following
   referred to in paragraph 3 shall be subject to compen-           points:
   sation made in accordance with common procedures
   laid down in this Regulation.';                                  (a) the contract period of validity, which should be
                                                                         multi annual;
2. the following paragraph 5 is added to Article 1:
                                                                    (b) the details of the service to be provided, notably
                                                                        the standards of continuity, regularity, capacity
   '5.      For the purposes of this Regulation:
                                                                        and quality;
   — "Urban and suburban services" means passenger
                                                                    (c) the procedural rules to set or adjust the services
        transport services operated under a specific fare
                                                                        fares;
        system to meet the transport needs of an urban
        centre or conurbation, as well as the passenger
        transport needs between it and surrounding areas;           (d) the contract price, which may either be defined as
                                                                        an addition to the fare receipts — in the case
                                                                        where the undertaking is allowed to set fares
   — "Regional services" means transport services
                                                                        within certain agreed limits — or be defined as
        operated to meet the transport needs of a region,
        as well as the transport needs between a region                 including the fare receipts — in the case where
        and main transport centres.';                                   the Member State retains the right to set fares;
                                                                    (e) the explicit and clear indication of the form and
3. Article 10 (1) second subparagraph, (2) and Article 11               dates for paying the contract price;
   (3) are deleted;
                                                                    (f) the possibility of amendment to take account of
                                                                        unforeseeable changes;
4. Section V is replaced by the following:
                                                                    (g) provision for depreciation of the assets involved in
                                                                        the operation of the service.
   SECTION V
                     Public service contracts                       4. Where an undertaking wishes to discontinue a
                                                                    service to which a public service contract may apply
                            Article 14                              or to introduce substantial modifications to such a
                                                                    service, the competent authorities shall be informed in
   1. "A public services contract" is a contract nego-              advance and have the right to request that the
   tiated and concluded by the Member States and                    decision be postponed for a reasonable period for
   transport undertakings in order to provide the public            public consultations to take place. If the competent
   with adequate services, whilst respecting the                    authorities wish the service to be maintained, it is to
   autonomy and the commercial interests of the                     be the subject of negotiations with a view to the
   transport undertakings.                                          conclusion of a public service contract.
   2. Through a public service contract the Member                  5. In the event of the failure of such negotiations
   State may in particular ensure:                                  or in the case of a disagreement concerning the
 ---pagebreak---   14. 2. 90                             Official Journal of the European Communities                                No C 34/13
     execution of a contract, the matter is to be referred to          — an overall evaluation of the contracts that have
     an arbitration panel designated by both parties.                       expired.
     During the period of examination by the panel the
     service shall be maintained. In reaching its findings             The Member States shall provide, at the
     the panel shall notably take into account:                        Commission's request, any further information on the
                                                                       conditions, operations and results of public service
     — the general public interest,                                    contracts.';
     — the special characteristics of the service,
                                                                   5. Article 19 is replaced by the following:
     — that the proper costs of the service have to be met.
                                                                        'Article 19
     The conclusions of the panel, to be reached within
     three months, shall be binding on both parties.                   1.     This Regulation shall apply to railway under-
                                                                       takings falling within the scope of the Council
     6.    The undertaking shall be entitled to compen-                Directive on the development of the Community
     sation in accordance with the procedures laid down in             railways (1).
     section IV for the period prior to the conclusion of
     the contract.                                                     2.     As regards other transport undertakings this
                                                                       Regulation shall not apply to undertakings mainly
     7.    By 31 May each year the Member States are to                providing transport services of a local or regional
    provide the Commission with information regarding                  character.'
    the public service contracts in the previous year, in
    particular:                                                                               Article 2
    — a synopsis of the contents of new contracts and              This Regulation shall enter into force on 1 January 1992.
         amendments,
    — the findings of the panels referred to in para-              (l) See the proposal for a Council Directive on page 8 of this
         graph 5,                                                      Official Journal.
               Proposal for a Council Decision concerning the establishing of a network of high speed trains
                                                      COM(89) 564 final
                                     (Submitted by the Commission on 1 December 1989)
                                                         (90/C 34/08)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Whereas the Commission submitted to the Council in
                                                                   1986 a report entitled 'Towards a European high speed
                                                                  rail network (')'; whereas the European Parliament has
 Having regard to the Treaty establishing the European             supported Community action in this sector (2); whereas
 Economic Community, and in particular Article 75                 the community of European railways presented at the
thereof,                                                          beginning of 1989 a 'proposal for a European high speed
                                                                  network';
Having regard to the proposal from the Commission,
                                                                  Whereas the current saturation of airspace and of
                                                                  numerous road axes is worrying and any increase in air
Having regard        to  the   opinion   of  the   European       and road capacity would require heavy investment;
Parliament,
                                                                  Whereas the Community must give priority to the devel-
Having regard to the opinion of the Economic and                  opment of technologies that are environmentally
Social Committee,                                                 friendly;
Whereas the functioning of the internal market means              Whereas the rail infrastructure meets this requirement
that the efficiency of the transport infrastructure between       and would benefit from the development of high speed
the regions of the Community must be reinforced and               techniques;
increased, in particular by means of a high speed train
network to carry persons and, where appropriate,                  O COM(86) 341 final.
freight;                                                          O Starita report PE 109.323.