CELEX: 51980PC0907
Language: en
Date: 1981-01-09
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

20. 10. 81                       Official Journal of the European Communities                              No C 268/11
                                                            II
                                                   (Preparatory Acts)
                                             COMMISSION
             Proposal for a Council Regulation 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
                           (Submitted by the Commission to the Council on 20 January 1981)
THE COUNCIL OF THE EUROPEAN                                     Member States, in their decisions maintaining, in
COMMUNITIES,                                                    whole or in part, a public service obligation, must
                                                                assess whether there is more than one way of
Having regard to the Treaty establishing the                    ensuring the provision of adequate transport services
European Economic Community, and in particular                  and, if this is so, which involves the least cost to the
Articles 75 and 94 thereof,                                     general public,
                                                                HAS ADOPTED THIS REGULATION:
Having regard to the proposal from the Commission,
                                                                                         Article 1
Having regard to the opinion of the European
Parliament,                                                     Regulation (EEC) No 1191/69 is hereby amended as
                                                                follows:
Having regard to the opinion of the Economic and                1. Article 3 (2) is replaced by the following:
Social Committee,
                                                                   '2. In making the decisions referred to in
                                                                   paragraph 1, the competent authorities of the
Whereas it is necessary to adapt Council Regulation                Member States, taking account of the criteria set
(EEC) No 1191/69 of 26 June 1969 ( l ); whereas, in                out in the Annex, shall zssess whether there is
the context of existing links between transport and                more than one way of ensuring, under similar
other economic and social sectors, such adaptation                 conditions, the provision of adequate transport
must, in particular, take account of the obligations               services and shall choose the public service
inherent in the concept of a public service to which               obligation involving the least cost to the general
railway undertakings could be subject, as set out in               public'
Article 15 (2) of Council Decision 75/327/EEC of 20
May 1975 on the improvement of the situation of                 2. The Annex to the present Regulation is added
railway undertakings and the harmonization of rules                 thereto.
governing financial relations between such under-
takings and States (2);                                                                  Article 2
                                                                This Regulation shall enter into force on 1 July 1981.
Whereas, to this end, the scope of Article 3 of the
said Regulation must be clearly defined by adopting             This Regulation shall be binding in its entirety and
criteria under which the competent authorities or the           directly applicable in all Member States.
(') OJ No L 156, 28. 6. 1969, p. 1.
(2) OJNoL152, 12.6. 1975, p. 3.
 ---pagebreak--- N o C 268/12                           Official J o u r n a l of the E u r o p e a n Communities                   20. 10.81
                                                               ANNEX
            Criteria for assessing whether there is more than one way of ensuring, under similar conditions, the
            provision of adequate transport services and for choosing a public service obligation involving the
                                                  least cost to the general public
            Initially, the competent authority of the Member State shall assess, having regard to the case in
            question, the level of adequacy of the transport services and shall subsequently choose from among
            the forms of transport which meet this standard the one which involves the least cost to the general
            public.
             I. PROVISION OF ADEQUATE TRANSPORT SERVICES
                The adequacy of transport services shall be assessed in the light of:
                — the public interest,
                — the possibility of having recourse to other forms of transport and the ability of such forms to
                    meet the transport needs under consideration,
                — the transport rates and conditions which can be quoted to users.
                1. The public interest
                This assessment must take account of the following factors, which are the main components of
                public interest:
                1.1. Public interest from the user's point of view: mainly, average speed, reliability, safety and
                     comfort.
                1.2. Public interest from the viewpoint of the public at large shall be assessed in particular in
                     terms of regional policy, employment, energy and the environment. Where applicable, the
                     following factors shall be examined in these fields:
                      Energy
                     — total energy consumption in relation to the efficiency of the forms of transport under
                         consideration,
                     — the suitability of all the types of energy considered whatever forms of transport are
                         used,
                     — the effect of the use of a specific type of energy on the balance of payments,
                     — the degree of energy dependence.
                     Regional policy
                     — regional planning (including town planning),
                     — impact on regional growth (including the promotion of rural tourism),
                     — effect on regional employment (including seasonal employment),
                     — influence on the siting of industrial or commercial activities,
                     — links with other economic centres,
                     — depopulation.
                     Employment
                     Relation between the provision of adequate transport services and the level of employment
                     in specific economic activities and areas.
 ---pagebreak--- 20. 10.81                         Official J o u r n a l of the E u r o p e a n Communities                     N o C 268/13
                    Environment
                    — consumption of space,
                    — pollution,
                    — nuisances,
                    — ecological changes,
                    — congestion (including waiting time at crossings),
                    — safety of non-users.
              2. Possibilities of using other forms of transport
              The possibility of using other forms of transport and the ability of such forms to meet the
              transport needs under consideration must be examined in the light of the following factors:
              —     existence of forms of transport already in operation, and the expense of obtaining provision
                    of adequate transport services;
              —     availability, where the forms of transport have not yet been set up:
                    — of undertakings willing to provide the services,
                    — of appropriate transport infrastructure,
                    — of appropriate equipment,
                    — of qualified staff;
              —     rate of car ownership of the population concerned;
              —     social and demographic structure of the population concerned.
              3. Transport rates and conditions
              The transport rates and conditions which must be taken into account in the assessment are the
              rates and conditions offered to the user and laid down on the basis of operating conditions and
              the market situation, taking no account of any compensation for public service obligations.
          II. T H E LEAST COST T O T H E GENERAL PUBLIC
              1.     The form of transport chosen must, while providing adequate transport services, be the
              least costly and the most advantageous for the general public.
              2.     To assess with maximum accuracy the least cost and the greatest benefit to the general
              public, an analysis will have to be made of the costs and advantages of each form of transport
              considered. The choice of the method of analysis (cost/benefit analysis, multi-criteria analysis)
              shall be left to the competent authority of the Member State and determined by the nature of
              the study to be carried out.
              3.     The cost/benefit analysis shall take account of national transport plans. The costs and
              benefits shall be classified as 'transport', i.e. coming under the management of the undertakings
              in question, and 'non-transport', i.e. falling within the competence of the public authorities.
              These factors may be quantifiable (in terms of money or not) or non-quantifiable.
              4.     The analysis should be divided into two phases: an accounting phase which would include
              an analysis of all the factors which can be expressed in terms of money and an economic
              analysis which would include the factors which cannot be quantified or which can be quantified
              and the factors which cannot be expressed in terms of money. Equal importance shall be given
              to both phases.
              5.     The following outline shows the factors to be taken into account in the cost/benefit
              analysis of the alternatives, namely:
              — maintenance of the form of transport considered,
              — setting up of a new form of transport,
              — maintenance of the form of transport considered with adaptations,
              — termination of the form of transport in question without replacement.
 ---pagebreak--- No C 268/14                                Official Journal of the European Communities                              20. 10.81
           OUTLINE FOR COST/BENEFIT ANALYSIS FOR EACH FORM OF TRANSPORT
                                                          CONSIDERED
                                   COSTS                                                 BENEFITS
                                                               Internal
                                                             (transport)
           Operating costs                                             Specific to the traffic in question
                                      l
           — movement costs ( ),                                       — financial yield,
           — equipment costs ('),                                      — speed,
           — running and infrastructure costs (')•                     — frequency and adherence to timetable,
                                                                       — comfort,
                                                                       — safety,
                                                                       — accessibility,
           Capital costs                                               — rate offered to the user.
           — investment costs (setting up or adaptation
                of the form of transport in question),                 Specific to the network
           — investment costs in the light of the future               — influence of the maintenance of the form
                use of resources now committed (adap-                     of transport in question on running costs
                tation or termination of alternatives).                   and the traffic of the network as a whole.
                                                              External
                                                           (non-transport)
                                    Consideration of factors relating to:
                                    — regional policy,
                                    — energy,
                                    — employment,
                                    — environment.
          (') Including amortization and renewal.