THIRD RAILWAY PACKAGE- (2004/0047 - 0048 ET 0049COD)
- Delegation chair: Mr Vidal-Quadras - Rapporteur: Mr Jarzembowski, Savary and Sterckx

Following a debate on 24 September, the agreements reached in conciliation on the three legislative proposals making up the Third Railway Package were approved by the plenary on 25 September.

At second reading on 18 January, the EP had adopted 113 amendments to the Council's common positions. The key points in the agreement (confirmed by exchange of letters on 31 July) were:

• Passengers' right and obligations (COD 2004/0049: Rapporteur: Mr Sterckx): Scope was the key issue. Under the agreement, a range of basic passengers' rights will apply to all rail services immediately on entry into force. Urban, suburban and regional services may be exempted from all other provisions of the Regulation. Long-distance domestic services are covered by a transitional period (of up to 15 years where necessary) but will then be subject to the Regulation. The Regulation will also improve access to travel by rail for persons with reduced mobility.
  
• Certification of train drivers (COD 2004/0048: Rapporteur: Mr Savary): The EP agreed to postpone the introduction of provisions for certification of train crew other than drivers. Member States will address the other key issue - reimbursement of the training costs of train drivers who subsequently change employer.
  
• Rail market access (COD 2004/0047: Rapporteur: Mr Jarzembowski): The EP second-reading position was actually quite close to the Council's common position. A satisfactory solution was found to one of the two remaining issues - a levy on new international passenger services to meet public service obligations. The other issue concerned the reporting obligations of the Commission. The solution found leaves open the possibility for the Commission to accompany a report on the readiness of national rail services for market liberalisation with a legislative proposal.

CIVIL AVIATION SECURITY - (2005/0191COD)
- Delegation chair: Mrs Kratsa-Tsagaropoulou - Rapporteur: Mr Costa

This Regulation will replace Regulation 2320/2002/EC and clarify, simplify and harmonise rules on civil aviation security. It lays down the basic principles for measures to safeguard civil aviation against acts of unlawful interference: implementing acts will lay down the technical and procedural decisions on how this is to be achieved. Harmonising rules in line with the principle of "one-stop security" will mean that transfer- and transit- passengers, bags and cargo need not be re-screened: basic levels of security will have been met at the original point of departure. Member States will be free to impose stricter security measures than those provided for in the Regulation. Finally, the act will enable the Community to legislate in future on in-flight security measures.

The Council established its common position on 11 December 2006. The EP adopted 97 amendments at second reading on 25 April 2007.

The constituent meeting of the EP delegation to the Conciliation Committee on 10 July asked its negotiating team - Mrs Kratsa, Mr Costa, Mr El Khadraoui, and Mr Jarzembowski - to begin discussions with the Council. Two trialogues have been held: a third will take place on 10 October. Conciliation will probably open formally on 20 November.

Among the key points of difference between EP and Council are:

• Arrangements for financing security measures: At second reading, the EP called on Member States to contribute to the cost of the basic security measures foreseen, and to pay all of the costs of any stricter measures they choose to impose. The EP also demands that the cost of security measures be clearly indicated on air tickets.
• Implementing measures and comitology: The proposed act is framework legislation: detailed implementing measures will be adopted under comitology procedures. The key question is the extent to which the new regulatory with scrutiny procedure (which gives the EP the power to veto implementing measures) applies. In addition, through provisions such as 'sunset clauses' and impact assessments, the EP seeks to ensure that implementing measures are proportionate and reasonable.
• Sky marshals: The EP calls for stricter rules governing the deployment of armed in-flight secuity officers ('sky marshals') on flights to and from the EU.
• One-stop security: The EP wishes to make life easier for passengers by avoiding re-screening of passengers and their luggage if they arrive on flights from non-EU countries with security standards equivalent to those in the EU.