RECOMMENDATION FOR SECOND READING on the Council common position for adopting a directive of the European Parliament and of the Council amending Directive 2004/49/EC on safety on the Community's railways (Railway Safety Directive)

4.6.2008 - (16133/3/2007 – C6‑0129/2008 – 2006/0272(COD)) - ***II

Committee on Transport and Tourism
Rapporteur: Paolo Costa

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the Council common position for adopting a directive of the European Parliament and of the Council amending Directive 2004/49/EC on safety on the Community's railways (Railway Safety Directive)

(16133/3/2007 – C6‑0129/2008 – 2006/0272(COD))

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (16133/3/2007 – C6‑0129/2008)[1],

–   having regard to its position at first reading[2] on the Commission proposal to Parliament and the Council (COM(2006)0784),

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

–   having regard to Rule 62 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on Transport and Tourism (A6‑0223/2008),

1.  Approves the common position as amended;

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

Amendment  1 Council common position – amending act Recital 4 a (new)
Council common position	Amendment
	(4a) In order to ensure consistency with existing railway legislation, heritage, museum and tourist railways are exempt from this Directive.
Amendment  2 Council common position – amending act Article 1 – point -1 a (new) Directive 2004/49/EC Article 2 – paragraph 2 - points c a and c b (new)
Council common position Amendment   (-1a) The following points shall be added to Article 2(2):   "(ca) heritage rolling stock that runs on national networks providing that it complies with national safety rules and regulations;   (cb) heritage, museum and tourist railways that operate on their own network, including workshops or rolling stock that are owned by or based on such a railway or staff who are based on that railway."
Justification
In order to remain consistent with the Parliament's approved 1st reading position on the railway interoperability directive, it must be made clear that heritage and museum railways are exempt from this directive provided they comply with national safety rules or are operating on their own network.
Amendment  3 Council common position – amending act Article 1 – point 5 – point a a (new) Directive 2004/49/EC Article 7– paragraph 3 – subparagraph 3 a (new)
Council common position Amendment   (aa) in paragraph 3, the following subparagraph shall be added:   "Before drafting or revising CSTs, a cost-benefit analysis must demonstrate that the expected effects of the development of CSTs shall improve the level of transport safety and the optimum use of the railway system.";
Justification
The text restores the amendment 14 of Parliament's first reading regarding the development of the common safety targets (CSTs).
Amendment  4 Council common position – amending act Article 1 – point 7 Directive 2004/49/EC Article 14
Council common position Amendment "Article 14 "Article 14 Maintenance of vehicles Maintenance of vehicles 1. Before it is placed in service or used on the network, each vehicle shall have an entity in charge of maintenance assigned to it and this entity shall be registered in the NVR in accordance with Article 33 of the Railway Interoperability Directive. 1. Each vehicle, before it is placed in service or used on the network, shall have an entity in charge of maintenance assigned to it and this entity shall be registered in the NVR in accordance with Article 33 of the Railway Interoperability Directive. A railway undertaking, an infrastructure manager or a keeper may be an entity in charge of maintenance. 2. The relevant National Safety Authorities may, in exceptional cases and restricted to their respective networks, decide on derogations from the obligation provided for in paragraph 1. 2. Each entity in charge of maintenance shall be certified pursuant to paragraph 6. 3. Without prejudice to the responsibility of the railway undertakings and infrastructure managers as provided for in Article 4, the entity in charge of maintenance shall ensure that vehicles are in a safe state of running by means of a system for maintenance. 3. Without prejudice to the responsibility of the railway undertakings and infrastructure managers as provided for in Article 4, the entity in charge of maintenance shall ensure that vehicles are in a safe state of running by means of a system for maintenance. 4. Where the entity in charge of maintenance is a railway undertaking or an infrastructure manager the system referred to in paragraph 3 of this Article shall be established through the safety management system set out in Article 9. 4. The entity in charge of maintenance shall carry out the maintenance itself or make use of contracted maintenance workshops. 5. If the entity in charge of maintenance is not a railway undertaking or an infrastructure manager it may be certified pursuant to paragraph 6.   6. Based on a recommendation by the Agency, the Commission shall, by ..*., adopt a measure establishing certification of the entity in charge of maintenance with regard to its maintenance system. This measure, designed to amend non-essential elements of this Directive, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 27(2a). The measure shall include the requirements for the certification of the entity in charge of maintenance based on the approval of its maintenance system, the format and validity of the certificate and the body or bodies responsible for issuing it, and the controls necessary for the functioning of the certification system. 6. Based on a recommendation by the Agency, the Commission shall, at the latest one year after the entry into force of this Directive, adopt a measure establishing mandatory certification of the entity in charge of maintenance with regard to its maintenance system. This measure, designed to amend non-essential elements of this Directive, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 27(2a). The measure shall include the requirements for the certification of the entity in charge of maintenance based on the approval of its maintenance system, the format and validity of the certificate and the body or bodies responsible for issuing it, and the controls necessary for the functioning of the certification system. 7. The certificates granted in accordance with paragraph 6 of this Article shall confirm compliance with the requirements referred to in paragraph 3 of this Article and shall be valid throughout the Community. If the entity in charge of maintenance is not certified, a railway undertaking or an infrastructure manager shall ensure, through its safety management system set out in Article 9, that all relevant maintenance procedures are adequately applied."; 7. The certificates granted in accordance with paragraph 6 of this Article shall confirm compliance with the requirements referred to in paragraphs 3 and 4 of this Article and shall be valid throughout the Community.   7a. The Agency shall evaluate the mandatory certification process implemented pursuant to paragraph 6 by submitting a report to the Commission, no later than three years after the entry into force of the relevant measure.   7b. Where it appears, on the basis of the report of the Agency and after consulting stakeholders that improvements are necessary, the Commission may bring forward appropriate legislative proposals."; * One year after the entry into force of this Directive.
Justification
The text restores the amendment 21 of Parliament's first reading, i.e. mandatory maintenance certification system, while at the same time takes into account new elements and wording of Council's Common position.

• [1]  OJ C 122E, 20.5.2008, p. 10.
• [2]  Texts adopted, 29.11.2007, P6_TA(2007)0557.

EXPLANATORY STATEMENT

Background and procedural comments

On 13 December 2006 the Commission submitted to Parliament and the Council a proposal for the revision of Directive 2004/49/EC on safety on the Community’s railways (Railway Safety Directive)^[1]1.

The proposal was presented by the Commission together with other two legislatives proposals, i.e., the new Interoperability directive and the revision of the Regulation (EC) N° 881/2004 establishing a European Railway Agency. The three proposals submitted under codecision procedure together with the Communication aiming at the facilitation of the free movement of locomotives across the EU, was considered as being part of the Commission's package on cross acceptance of the rolling stock. An early agreement at first reading was reached with the Council over the last year on the proposal of the new Interoperability directive.

On 29 of December 2007 the European Parliament issued an Opinion at first reading as part of the co-decision procedure and adopted a report in which it proposed 27 amendments to the Commission text^[2]2. On 3 March 2008 the Council adopted the common position in accordance with Article 251 of the Treaty which was then forwarded to the Parliament and to the Commission.

2.  Assessment of the Council’s common position

The Council’s common position incorporates fully or in part or in principal several Parliament’s amendments which were adopted at first reading and cover mainly:

- texts related to the new regulatory procedure with scrutiny (RPS) and to the correlation table of the transpositions measures (amendments 1, 2, 10, 11, 12, 13, 15, and 23);

- the transfer of the content of Articles 14 and 14a and the annex related with the provisions on the authorisation of placing in service of vehicles to the new interoperability directive (amendments 18, 20, 26 and 27);

- Provisions related to the definition of the National Vehicle Register and the Keepers (amendments 8 and 9);

While the issue of transferring the provisions on authorisations of placing in service of vehicles to the new interoperability directive was successfully solved between the tree institutions, the same cannot be said for the provisions related to the maintenance certification system. The Parliament amendment calls for a mandatory system, while Council’s text foresees a voluntary system.

Further, other amendments which are not incorporated in the Common position are the use of the urgency procedure under the new PRS, the definitions on national safety rules and on essential requirements (amendments 5 and 7), the introduction of cost benefit analysis for the development of Common safety targets (amendment 14) the possibility to request a technical opinion of the Agency in case of negative decision from the national safety authorities (amendment 22).

It should be noted that Council’s text replaces in several parts the Commission’s text with a new text. This mainly concerns the introduction of a new concept of the entity in charge of maintenance to this directive.

3.  Proposals by the rapporteur

Since the Council’s common position does not incorporate Parliament’s amendments and mainly the amendment on the mandatory maintenance certification system, it is proposed to restore the Parliament’s position of first reading while taking into account the Council’s text.

A mandatory maintenance certification system for all actors in the market, e.g. railway undertakings, infrastructure managers, keepers or any other entity which can be certified as an entity in charge of maintenance according to criteria and requirements set out in this directive, will create a level playing filed in the EU. This will ensure a uniform application of the maintenance and safety management system across Europe without discriminations while at the same time it will enhance safety on the Community’s railways.

• [1] ¹ COM(2006)0784
• [2] ² . Report of Mr Costa , A6-0346/2007, P6_TA(2007)0557.

PROCEDURE

Title	Amendment of Directive 2004/49/EC on safety on the Community’s railways
References	16133/3/2007 – C6-0129/2008 – 2006/0272(COD)
Date of Parliament’s first reading – P number	29.11.2007                     T6-0557/2007
Commission proposal	COM(2006)0784 - C6-0493/2006
Date receipt of common position announced in plenary	13.3.2008
Committee responsible        Date announced in plenary	TRAN 13.3.2008
Rapporteur(s)        Date appointed	Paolo Costa 10.3.2008
Discussed in committee	25.3.2008		7.4.2008		28.5.2008
Date adopted	29.5.2008
Result of final vote	+: –: 0:	25 0 0
Members present for the final vote	Inés Ayala Sender, Paolo Costa, Arūnas Degutis, Petr Duchoň, Saïd El Khadraoui, Robert Evans, Emanuel Jardim Fernandes, Francesco Ferrari, Brigitte Fouré, Mathieu Grosch, Georg Jarzembowski, Timothy Kirkhope, Sepp Kusstatscher, Jörg Leichtfried, Marian-Jean Marinescu, Erik Meijer, Willi Piecyk, Paweł Bartłomiej Piskorski, Luís Queiró, Reinhard Rack, Brian Simpson
Substitute(s) present for the final vote	Nathalie Griesbeck, Zita Gurmai, Leopold Józef Rutowicz
Substitute(s) under Rule 178(2) present for the final vote	Bart Staes