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Procedure : 1998/0265(COD)
Document stages in plenary
Document selected : A5-0173/2000

Texts tabled :

A5-0173/2000

Debates :

Votes :

Texts adopted :

P5_TA(2000)0295

Texts adopted
Wednesday, 5 July 2000 - Strasbourg
Community railways ***II
P5_TA(2000)0295A5-0173/2000

European Parliament legislative resolution on the Council common position with a view to the adoption of a European Parliament and Council Directive amending Council Directive 91/440/EEC on the development of the Community's railways (5386/1/2000 - C5-0178/2000 - 1998/0265(COD) )

(Codecision procedure: second reading)

The European Parliament,

-  having regard to the Council common position (5386/1/2000 - C5-0178/2000 ),

-  having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(1998) 480 )(2) ,

-  having regard to the amendments to the Commission proposal (COM(1999) 616 )(3) ,

-  having regard to Article 251(2) of the EC Treaty,

-  having regard to Rule 80 of its Rules of Procedure,

-  having regard to the recommendation for second reading of the Committee on Regional Policy, Transport and Tourism (A5-0173/2000 ),

1.  Amends the common position as follows;

2.  Instructs its President to forward its position to the Council and Commission.

Council common position   Amendments by Parliament
(Amendment 25)
Recital 5
   (5) In accordance with the objective of completing the internal market, which will include the possibility of all licensed railway undertakings meeting the safety conditions to provide services, access rights should be extended to licensed railway undertakings for the international transport of goods on a defined network, called the Trans European Rail Freight Network, including access to, and supply of, services in major terminals and ports.
   (5) In accordance with the objective of completing the internal market, which will include the possibility FO all licensed railway undertakings meeting the safety conditions to provide services, access rights should be extended for a transitional period to licensed railway undertakings for the international transport of goods on a defined network, called the Trans European Rail Freight Network, including access to, and supply of, services in major terminals and ports. After this transitional period the railway undertakings should be granted rights of access to the entire European railway network for both national and international freight transport.
(Amendment 3)
Recital 10
   (10) In order better to monitor the development of the railway sector a European Rail Observation System should be set up.
Deleted
(Amendment 4)
Recital 13
   (13) Specific measures are required to take account of the specific geopolitical and geographical situations of certain Member States as well as a specific organisation of the railway sector in various Member States while ensuring the integrity of the internal market.
Deleted
(Amendment 26)
Recital 13a (new)
(13a) In accordance with the principle of gradual liberalisation and with a view to promoting competition and access for new operators, access rights should be extended not later than 2010 to include, on equitable conditions, all international passenger transport .
(Amendment 8)
ARTICLE 1(7)
Article 6(4) (Directive 91/440/EEC )
   4. A Member State having established an independent rail regulator that is controlling and implementing the access to the infrastructure in a neutral and non-discriminatory manner shall be exempted from the application of paragraph 3.
Deleted
(Amendment 9)
ARTICLE 1(7)
Article 6(5) (Directive 91/440/EEC )
   5. The application of paragraphs 3 and 4 shall be subject to a report by the Commission within the framework of the European Rail Observation System , referred to in Article 10b, to be submitted by …*.
   5. The application of paragraph 3 shall be subject to a report by the Commission, referred to in Article 10b, to be submitted by …*
If the report comes to the conclusion that the arrangement provided for in paragraph 4 did not succeed in guaranteeing neutral and non-discriminatory access to the infrastructure, the Commission shall take a decision on the application of paragraph 4 in accordance with the procedure referred to in Article 11a(3).
____________
* six years after the entry into force of this Directive.
____________
* four years after the entry into force of this Directive.
(Amendment 11)
ARTICLE 1(8)
Article 7(5) (Directive 91/440/EEC )
5 With reference to the separation provided for in paragraph 2, Article 6(4) and (5) shall apply accordingly.
Deleted
(Amendment 12)
ARTICLE 1(11)
Article 10(3) (Directive 91/440/EEC )
   3. Whatever the mode of operation, railway undertakings within the scope of Article 2 shall be granted, on equitable conditions, the access that they are seeking to the Trans-European Rail Freight Network defined in Article 10a and in Annex I for the purpose of operating international freight services.
   3. Whatever the mode of operation, railway undertakings within the scope of Article 2 shall be granted, on equitable conditions, the access that they are seeking only to the Trans-European Rail Freight Network defined in Article 10a and in Annex I for a transitional period of five years after the entry into force of this Directive for the purpose of operating international freight services.
Where Member States grant railway undertakings more extensive access rights, they may restrict them to railway undertakings licensed in Member States in which similar access rights are granted.
(Amendment 13)
ARTICLE 1(11)
Article 10(4), 1st subparagraph (Directive 91/440/EEC )
   4. At the request of a Member State or on its own initiative the Commission shall, in a specific case, examine the application and enforcement of paragraphs 1, 2 and 3 and, within two months of receipt of such a request and after consulting the Committee referred to in Article 11a(2), decide whether the related measure may continue to be applied. The Commission shall communicate its decision to the European Parliament, the Council and to the Member States.
   4. At the request of a Member State or on its own initiative the Commission shall, in a specific case, examine the application and enforcement of this Article and, within two months of receipt of such a request and after consulting the Committee referred to in Article 11a(2), decide whether the related measure may continue to be applied. The Commission shall communicate its decision to the European Parliament, the Council and to the Member States.
(Amendment 14)
ARTICLE 1(11)
Article 10(6a) (new) (Directive 91/440/EEC )
6a. The regulatory body established pursuant to Article 30 of European Parliament and Council Directive 2000/../EC* or another body enjoying the same degree of independence shall monitor the competition in the rail transport service markets, including the railway forwarding market. Any applicant or interested participant, such as freight forwarding agents, may complain to this body or bring to its notice particular developments in the competitive situation in these markets. The regulatory body shall decide at the earliest opportunity on appropriate measures to eliminate undesirable developments in these markets. To ensure the necessary cooperation among national regulatory bodies, Article 31 of the above Directive shall apply in this context.
_____________
* Directive of … on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification
(Amendment 15)
ARTICLE 1(11)
Article 10(6b) (new) (Directive 91/440/EEC )
6b. Five years after the entry into force of this Directive, railway undertakings within the scope of Article 2 shall be granted full access and transit rights on equitable conditions to the entire railway network in all Member States for both national and international freight transport.
(Amendment 16)
ARTICLE 1(11)
Article 10(6c) (new) (Directive 91/440/EEC )
6c. Not later than 2010, railway undertakings within the scope of Article 2 shall be granted full access and transit rights on equitable conditions to the entire railway network in all Member States for international passenger transport.
(Amendment 17)
ARTICLE 1(13)
Section Va (Directive 91/440/EEC )
SECTION Va
European Rail Observation System
SECTION Va
Monitoring by the Commission
Article 10b
   1. Not later than … the Commission shall make the necessary arrangements to set up a European Rail Observation System to monitor technical and economic conditions and market developments of European rail transport. The Commission shall ensure that adequate resources are made available to enable the effective monitoring of this sector.
Article 10b
   1. Not later than … the Commission shall make the necessary arrangements to monitor technical and economic conditions and market developments of European rail transport. The Commission shall ensure that adequate resources are made available to enable the effective monitoring of this sector.
   2. The European Rail Observation System shall be run by the Commission which should invite to the meetings representatives from Member States as well as representatives of sectors concerned. The European Rail Observation System shall focus on rail and related infrastructure as well as the services using the infrastructure. It shall provide the Commission with the technical assistance necessary for the formulation and evaluation of measures envisaged in these fields and help to develop a detailed understanding of the evolution of the market and the factors driving it.
Deleted
   3. The European Rail Observation System shall monitor the use of the networks and the evolution of the framework conditions in the rail sector, in particular infrastructure charging, capacity allocation, safety regulation and licensing and the degree of harmonisation that evolves. It shall ensure an active cooperation between the appropriate regulatory bodies in the Member States.
   3. The Commission shall monitor the use of the networks and the evolution of the framework conditions in the rail sector, in particular infrastructure charging, capacity allocation, safety regulation and licensing and the degree of harmonisation that evolves. It shall ensure an active cooperation between the appropriate regulatory bodies in the Member States.
   4. Relying on input from the European Rail Observation System , the Commission shall report to the European Parliament and the Council on:
   4. The Commission shall report to the European Parliament and the Council on:
   (a) the evolution of the internal market in rail services,
   (b) the framework conditions,
   (c) the state of the Trans-European Rail Freight Network,
   (d) the utilisation of access rights,
   (e) barriers to more effective rail services,
   (f) infrastructure limitations, and
   (g) the need for legislation.
   (a) the evolution of the internal market in rail services,
   (b) the framework conditions,
   (c) the state of the Trans-European Rail Freight Network,
   (d) the utilisation of access rights,
   (e) barriers to more effective rail services,
   (f) infrastructure limitations, and
   (g) the need for legislation.
(Amendment 18)
ARTICLE 1(17)
Article 14a (Directive 91/440/EEC )
   17. The following Article shall be inserted:
Deleted
"Article 14a
   1. For a period of five years from … **, the following Member States:
   - Ireland, as a Member State located on an island with a rail link to only one other Member State,
   - the United Kingdom, in respect of Northern Ireland, on the same basis, and
   - Greece, as a Member State that does not have any direct rail link to any other Member State,
do not need to apply the requirement to entrust to an independent body the functions determining equitable and non-discriminatory access to infrastructure, as provided for in Article 6(3), first subparagraph and the tasks set out in Article 7(2), first subparagraph, insofar as those Articles oblige Member States to establish independent bodies performing the tasks referred to in the said Articles.
   2. However, where:
   (a) more than one railway undertaking licensed in accordance with Article 4 of Directive 95/18/EC, or, in the case of Ireland and of Northern Ireland, a railway company so licensed elsewhere, submits an official application to operate competing railway services in, to or from Ireland, Northern Ireland or Greece, the continued applicability of this derogation will be decided upon in accordance with the advisory procedure referred to out in Article 11a(2), or
   (b) a railway undertaking operating railway services in Ireland, Northern Ireland or Greece submits an official application to operate railway services on, to or from the territory of another Member State (in the case of Ireland, or the United Kingdom, in respect of Northern Ireland, or both, another Member State outside their territories), the derogation referred to in paragraph 1 shall not apply.
Within one year from the receipt of either the decision referred to in point (a) adopted in accordance with the advisory procedure referred to in Article 11a(2), or notification of the official application referred to in point (b), the Member State or States concerned (Ireland, the United Kingdom with respect to Northern Ireland, or Greece) shall put in place legislation to implement the Articles referred to in paragraph 1.
   3. A derogation referred to in paragraph 1, may be renewed for periods not longer than five years. Not later than 12 months before the expiry date of the derogation a Member State availing itself of such derogation may address a request to the Commission for a renewed derogation. Any such request must be substantiated. The Commission shall examine such a request and adopt a decision in accordance with the advisory procedure referred to in Article 11a (2). The said advisory procedure shall apply to any decision related to the request.
When adopting its decision the Commission shall take into account any development in the geopolitical situation and the development of the rail market in, from and to the Member State having requested the renewed derogation.
   4. Luxembourg as a Member State with a relatively small rail network does not need to apply until 31 August 2004 the requirement to award to an independent body the functions determining equitable and non-discriminatory access to infrastructure, as provided for in Article 6(3), first subparagraph, in so far as it obliges Member States to establish independent bodies performing the tasks referred to in that Article.
______________
** Two years after the entry into force of this Directive.”
(Amendment 19)
Annex II, 4th indent (new)
   - overseeing fulfilment of public service obligations required in the provision of certain services .

(1) OJ C 175, 21.6.1999, p. 115.
(2) OJ C 321, 20.10.1998, p. 6.
(3) OJ C 116 E, 26.4.2000, p. 21.

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