RECOMMENDATION FOR SECOND READING on the Council position at first reading for adopting a regulation of the European Parliament and of the Council concerning a European rail network for competitive freight

17.5.2010 - (11069/5/2009 – C7‑0043/2010 – 2008/0247(COD)) - ***II

Committee on Transport and Tourism
Rapporteur: Marian-Jean Marinescu

Amendments

• 001-081 (PDF - 269 KB)
• 001-081 (DOC - 297 KB)
• 082-082 (PDF - 94 KB)
• 082-082 (DOC - 236 KB)
• 083-083/REV1 (DOC - 196 KB)

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the Council position at first reading for adopting a regulation of the European Parliament and of the Council on concerning a European rail network for competitive freight

(11069/5/2009 – C7‑0043/2010 – 2008/0247(COD))

(Ordinary legislative procedure: second reading)

The European Parliament,

–   having regard to the Council position at first reading (11069/5/2009– C7‑0043/2010),

–   having regard to the Commission proposal to Parliament and the Council (COM(2008)0852),

–   having regard to Article 251(2) and Article 71(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6‑509/2008),

–   having regard to its position at first reading[1],

–   having regard to Article 294(7) and Article 91(1) of the Treaty on the Functioning of the European Union;

–   having regard to the opinion of the Economic and Social Committee[2],

–   having regard to the opinion of the Committee of the Regions[3],

–   having regard to Rule 66 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on Transport and Tourism (A7‑0000/2010),

1.  Adopts its position at second reading hereinafter set out;

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

Amendment  1 Council position Recital 4
Council position	Amendment
(4) The opening of the rail freight market has made it possible for new operators to enter the rail network. To optimise the use of the network and ensure its reliability it is useful to introduce additional procedures to strengthen cooperation on allocation of international train paths for freight trains between infrastructure managers.	(4) Although the opening of the rail freight market has made it possible for new operators to enter the rail network, market mechanisms have not been and are not sufficient to organise, regulate and secure rail freight traffic. To optimise the use of the network and ensure its reliability it is useful to introduce additional procedures to strengthen cooperation on allocation of international train paths for freight trains between infrastructure managers.
Justification
This amendment aims to reintroduce Parliament's first reading.
Amendment  2 Council position Recital 5
Council position	Amendment
(5) The Council, meeting on 7 and 8 April 2008, concluded that the efficient use of infrastructure must be promoted and that, if necessary, railway infrastructure capacities must be improved by means of measures taken at European and national levels, and in particular by means of legal acts.	deleted
Amendment  3 Council position Recital 8
Council position	Amendment
(8) This Regulation should be without prejudice to the rights and obligations of infrastructure managers set out in Directive 91/440/EEC and Directive 2001/14/EC and, where relevant, allocation bodies as referred to in Article 14(2) of Directive 2001/14/EC. Those acts remain in force, including in respect of provisions which affect freight corridors, in particular in respect of the right of infrastructure managers to refuse or accept applications for capacity from legal entities other than railway undertakings.	deleted
Justification
This recital is redundant concerning the validity of former directives. Moreover, this creates a confusion with the possibility to apply for authorised applicants other than railways undertakings.
Amendment  4 Council position Recital 8 a (new)
Council position	Amendment
	(8a) The establishment of a freight corridor should take into account, where appropriate, the need for better interconnections with the rail infrastructure of third countries.
Justification
This amendment aims to reintroduce Parliament's first reading.
Amendment  5 Council position Recital 8 b (new)
Council position	Amendment
	(8b) The design of freight corridors should seek to ensure their internal continuity by enabling the requisite interconnections between existing railway infrastructure and allocating the requisite capacities along the entire path of the freight corridor.
Justification
It is important to ensure internal continuity by enabling the necessary interconnections between existing railway infrastructure and allocating the necessary capacities along the whole of the freight corridor.
Amendment  6 Council position Recital 9
Council position	Amendment
(9) The international rail corridors for a European rail network for competitive freight should be set up in a manner consistent with the Trans-European Transport Network ("TEN-T") and/or the European Railway Traffic Management System ("ERTMS") corridors. To that end, the coordinated development of the networks is necessary, and in particular as regards the integration of the international corridors for rail freight into the existing TEN-T and the ERTMS corridors. Furthermore, harmonising rules relating to those freight corridors should be established at the level of the Union. If necessary, the creation of those corridors should be supported financially within the framework of the TEN-T, research and Marco Polo programmes, and other policies and funds of the Union, such as the European Regional Development Fund or the Cohesion Fund.	(9) The implementation of international rail freight corridors forming a European rail network for competitive freight must be conducted in a manner consistent with the Trans‑European Transport Network ("TEN‑T") and/or the European Railway Traffic Management System ("ERTMS") corridors. To that end, the coordinated development of the networks is necessary, and in particular as regards the integration of the international corridors for rail freight into the existing TEN‑T and the ERTMS corridors. Furthermore, harmonising rules relating to those freight corridors should be established at the level of the Union and silent freight train projects should be promoted. If necessary, the creation of those corridors should be supported financially within the framework of the TEN‑T, research and Marco Polo programmes, and other policies and funds of the Union, such as the European Investment Bank, the European Regional Development Fund or the Cohesion Fund.
Amendment 7 Council position Recital 12
Council position	Amendment
(12) In order to stimulate coordination between the Member States and the infrastructure managers, an appropriate governance structure for each freight corridor should be established, taking account of the need to avoid duplication with already existing governance structures;	(12) In order to stimulate coordination between the Member States, the infrastructure managers and railway undertakings, and to provide continuity along the corridor, an appropriate governance structure for each freight corridor should be established, taking into account of the need to avoid duplication with already existing Governance structures.
Amendment   8 Council position Recital 15
Council position	Amendment
(15) In order to guarantee the consistency and continuity of the infrastructure capacities available along the freight corridor, investment in the freight corridor should be coordinated between Member States and the infrastructure managers concerned, and planned in a way which meets the needs of the freight corridor. The schedule for carrying out the investment should be published to ensure that applicants who may operate in the corridor are well-informed. The investment should include projects relating to the development of interoperable systems and the increase in capacity of the trains.	(15) In order to guarantee the consistency and continuity of the infrastructure capacities available along the freight corridor, investment in the freight corridor should be coordinated between Member States, the infrastructure managers concerned, as well as, if applicable, between Member States and third countries, and planned in a way which meets the needs of the freight corridor. The schedule for carrying out the investment should be published to ensure that railway undertakings that may operate in the corridor are well-informed. The investment should include projects relating to the development of interoperable systems and the increase in capacity of the trains.
Justification
This amendment aims to reintroduce Parliament's first reading.
Amendment   9 Council position Recital 21 a (new)
Council position	Amendment
	(21a) In order to guarantee the development of competition between suppliers of rail freight services in the freight corridor, applicants other than railway undertakings or their groupings should be able to request infrastructure capacity, with priority nevertheless being awarded to railway undertakings or their groupings.
Justification
It is important that priority be awarded to railway undertakings or their groupings in order to ensure internal continuity along the whole freight corridor.
Amendment   10 Council position Recital 25
Council position	Amendment
(25) Since the objective of this Regulation, namely the establishment of a European rail network for competitive freight made up of freight corridors, cannot be sufficiently achieved by the Member States alone and can therefore by reason of its scale and effects be better achieved at the level of the Union, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.	(25) Since the objective of this Regulation, namely the creation of a European rail network for competitive freight made up of freight corridors, cannot be sufficiently achieved by the Member States alone and can therefore by reason of its scale and effects be better achieved at the level of the Union, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment11 Council position Recital 27 a (new)
Council position	Amendment
	(27a) The aim of this Regulation is to improve the efficiency of rail freight transport relative to other modes of transport. Coordination should be ensured between Member States and infrastructure managers in order to guarantee the most efficient functioning of freight corridors. To allow this, operational measures should be taken in parallel with investments in infrastructure and in technical equipment such as ERTMS that should aim at increasing rail freight capacity and efficiency.
Justification
This amendment aims to reintroduce Parliament's first reading.
Amendment   12 Council position Recital 29
Council position	Amendment
(29) In addition, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union in respect of the adaptation of Annex II. It is of particular importance that the Commission consult experts during its preparatory work, in accordance with the commitments made in the Commission Communication of 9 December 2009 on the implementation of Article 290 of the Treaty on the Functioning of the European Union.	(29) In addition, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union. It is of particular importance that the Commission consult experts during its preparatory work, in accordance with the commitments made in the Commission Communication of 9 December 2009 on the implementation of Article 290 of the Treaty on the Functioning of the European Union.
Amendment 13 Council position Article 1 - paragraph 1
Council position	Amendment
1. This Regulation lays down rules for the establishment and organisation of international rail corridors for a European rail network for competitive freight. It sets out rules for the selection, organisation and management of freight corridors.	1. This Regulation lays down rules for the establishment and organisation of international rail corridors for competitive rail freight (hereinafter referred to as "freight corridors") with a view to the development of a European Rail Network for Competitive Freight. It sets out rules for the selection, organisation, management and the investment planning of freight corridors.
Amendment  14 Council position Article 1 - paragraph 2
Council position	Amendment
2. This Regulation shall apply to the management and use of railway infrastructure in freight corridors.	2. This Regulation shall apply to the management and use of railway infrastructure included in freight corridors.
Amendment  15 Council position Article 2 - paragraph 2 - point a
Council position	Amendment
(a) "freight corridor" means all designated railway lines in Member States and, where necessary, European third countries, linking terminals along the principal route of the freight corridor, including the railway infrastructure and its equipment, marshalling yards and train formation facilities and, where necessary, diversionary routes;	(a) "freight corridor" shall mean all designated railway lines including railway ferry lines, on the territory of, or between Member States, and, where necessary, European third countries, linking two or more terminals, along a principal route and, where appropriate, diversionary routes and sections connecting them, including the railway infrastructure and its equipment in accordance with Article 5 of Directive 2001/14/EC;
Amendment  16 Council position Article 2 - paragraph 2 - point c a (new)
Council position	Amendment
	(ca) "one - stop shop" shall mean the joint entity set up by the management board of each freight corridor which offers applicants the opportunity to request in a single place and in a single operation a train path for a journey crossing at least one border.
Amendment 17 Council position Article 3 - paragraph 1
Council position	Amendment
1. The Member States referred to in Annex I shall establish by [three years] after entry into force of this Regulation the freight corridors along the principal routes set out in that Annex. The Member States concerned shall inform the Commission about the establishment of the freight corridors.	1. The Member States referred to in Annex I shall make operational at the latest two years after entry into force of this Regulation the freight corridors along the principal routes set out in that Annex. The Member States concerned shall inform the Commission about the establishment of the freight corridors.
Amendment18 Council position Article 3 – paragraph 1 a (new)
Council position	Amendment
	1a. The Member States referred to in Annex I shall draw up, at the latest six months after the entry into force of this Regulation the implementation plan of the freight corridors referred to in Annex I, pursuant to Article 8 of this Regulation. The implementation plan, drawn up by the management board, shall include also the determination of the corridor routing pursuant to Article 2(2) (a) after consultation of the advisory groups referred to in Article 7(6) and Article 7(6a).
Amendment  19 Council position Article 3 - paragraph 2
Council position	Amendment
2. By derogation from paragraph 1 the freight corridors along the principal routes set out in points 3, 5 and 8 of Annex I shall be established by [five years after entry into force of this Regulation].	deleted
Amendment  20 Council position Article 3 - paragraph 2 a (new)
Council position	Amendment
	2a. Following the information by Member States on the establishment of freight corridors, the Commission shall, by means of delegated acts in accordance with Articles 20, 21 and 22, adopt a decision relating to an initial network of freight corridors including the corridors approved in Annex I at the latest six months after the establishment of the freight corridors referred to in paragraph 1.
Amendment  21 Council position Article 3 - paragraph 2 b (new)
Council position	Amendment
	2b.The network of freight corridors referred to in paragraph 2a shall be progressively modified and supplemented on the basis of proposals for the creation or modification of freight corridors, and after a Commission decision has been adopted by means of delegated acts in accordance with Articles 20, 21 and 22. The proposals from Member States shall be examined taking into consideration the criteria set out in Article 4(1).
Amendment  22 Council position Article 4
Council position	Amendment
1. Each Member State with a rail border with another Member State shall participate in the establishment of at least one freight corridor, unless this obligation has already been met under Article 3.	1. The selection and modification of freight corridors shall take account of the following criteria:
2. Notwithstanding paragraph 1, Member States shall, upon request from a Member State, participate in the establishment of the freight corridor as referred to in that paragraph or the prolongation of an existing corridor, in order to allow a neighbouring Member State to fulfil its obligation under that paragraph.	(a) The crossing by the freight corridor of the territory of at least three Member States or at least two Member States if the distance between the railway terminals served by the freight corridor proposed is greater than 500 kilometres;
3. Without prejudice to the obligations of Member States under Article 7 of Directive 91/440/EEC, where a Member State considers that the establishment of a freight corridor would not be in the interest of the applicants likely to use the freight corridor or would not bring significant socio‑economic benefits or would cause a disproportionate burden, the Member State concerned shall not be obliged to participate as referred to in paragraphs 1 and 2 of this Article, subject to a decision of the Commission acting in accordance with the advisory procedure referred to in Article 19(2).	(b) The consistency of the freight corridor with the TEN-T, the ERTMS corridors and / or the corridors defined by RailNetEurope;
4. A Member State shall not be obliged to participate as referred to in paragraphs 1 and 2 if it has a rail network which has a track gauge which is different from that of the main rail network within the Union.	(c) The integration of TEN-T priority projects into the freight corridor;
5. In order to meet the obligation under paragraphs 1 and 2, the Member States concerned shall jointly propose to the Commission the establishment of freight corridors after consulting the infrastructure managers and applicants concerned by …, taking into account the criteria set out in Annex II.	d) An analysis justifying the balance between the socio-economic costs and benefits stemming from the establishment of the freight corridor;
6. The Commission shall examine the proposals for the establishment of freight corridor(s) referred to in paragraph 5 and, in accordance with the regulatory procedure referred to in Article 19(3), adopt a decision on the compliance of such a proposal with this Article at the latest nine months after submission of the proposal.	e) The existence of an implementation plan;
7. The Member States concerned shall establish the freight corridor at the latest three years after the decision of the Commission referred to in paragraph 6.	f) The consistency of all of the freight corridors proposed by the Member States in order to set up a European rail network for competitive freight;
8. The Commission shall be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union as regards adaptations to Annex II. When preparing the delegated acts referred to in this paragraph, the Commission shall respect the provisions set out in Directive 2001/14/EC and Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community (recast) and shall take into account, in particular, the deployment plan relating to the interoperable systems, the evolution of the railway system and the TEN-T and in particular the implementation of the ERTMS, as well as freight market developments, including interaction with other transport modes.	g) The development of rail freight traffic and major trade flows and goods traffic along the corridor;
For the delegated acts referred to in this paragraph, the procedure set out in Articles 20, 21 and 22 shall apply.	h) If appropriate, better interconnections between Member States and neighbouring third countries;
	(i) The interest of the applicants in the in the freight corridor;
	j) The existence of good interconnections with other modes of transport, in particular due to an adequate network of terminals, including in the maritime and inland ports.
	2. The freight corridor may contain elements of the rail networks of European third countries. Where applicable, these elements must be compatible with the TEN-T policy.
	3. The creation or modification of a freight corridor shall be proposed by the Member States concerned. For this purpose they shall send the Commission a letter of intent including a proposal drawn up after consultation of the infrastructure managers and applicants concerned, taking into account the criteria set out in Paragraph 1.
	4. At the latest two years after the entry into force of this Regulation, each Member State with a rail border with another Member State shall participate in the establishment of at least one freight corridor, unless this obligation has already been met under Article 3.
	5. The Commission shall be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union as regards the creation or modification of freight corridor(s) referred to in paragraph 3.
	6. The Commission shall examine the proposals for the establishment of freight corridor(s) referred to in paragraph 3 and, in accordance with the delegated acts referred to in Articles 20, 21 and 22, adopt a decision on compliance of such proposals with this Article at the latest 6 months after submission of the respective proposals.
	7. The Member States concerned shall make the freight corridor operational at the latest two years after the decision of the Commission referred to in paragraph 6.
	8. Notwithstanding paragraph 4, Member States shall, upon request from a Member State, participate in the establishment of the freight corridor as referred to in paragraph 4 or prolongation of existing corridor, in order to allow a neighbouring Member State to fulfil its obligation under that paragraph.
	9. Without prejudice to the obligations of Member States under Article 7 of Directive 91/440/EC, where a Member State considers, after having provided a socio-economic analysis, that the establishment of a freight corridor would not be in the interest of the applicants likely to use the freight corridor or would not bring significant socio-economic benefits or would cause a disproportionate burden, the Member State concerned shall not be obliged to participate as referred to in paragraphs 4 and 6 of this Article, subject to a decision of the Commission acting in accordance with the delegated acts referred to in Articles 20, 21 and 22.
	10. When two or more Member States concerned do not agree on the establishment or modification of a freight corridor, and with regard to the railway infrastructure located on their territory, the Commission, at the request of one of the Member States concerned, shall consult the committee referred to in Article 19 on this matter. The opinion of the Commission shall be sent to the Member States concerned. The Member States concerned shall take this opinion into account in order to find a solution and shall take a decision on the basis of mutual consent.
Amendment  23 Council position Article 5
Council position	Amendment
Article 5   Modification of the freight corridors	deleted
1. The freight corridors referred to in Articles 3 and 4 may be modified on the basis of a joint proposal by the Member States concerned to the Commission after consulting the infrastructure managers and applicants concerned.
2. The Commission shall, in accordance with the regulatory procedure referred to in Article 19(3), adopt a decision on the proposal taking into account the criteria set out in Annex II.
Amendment  24 Council position Article 6
Council position	Amendment
Article 6   Reconciliation	deleted
When two or more Member States concerned do not agree on the establishment or modification of a freight corridor, and with regard to the railway infrastructure located on their territory, the Commission, at the request of one of the Member States concerned, shall consult the Committee referred to in Article 19 on this matter. The opinion of the Commission shall be sent to the Member States concerned. The Member States concerned shall take this opinion into account in order to find a solution and shall take a decision on the basis of mutual consent.
Amendment 25 Council position Article 7 - paragraph - 1 a (new)
Council position	Amendment
	(1a)The Member States and infrastructure managers concerned by a freight corridor shall cooperate withinn the boards referred to in paragraphs 1 and 2 of this Article to ensure the development of the freight corridor in accordance with its implementation plan.
Amendment 26 Council position Article 7 - paragraph 1
Council position	Amendment
1. For each freight corridor, Member States concerned shall establish an executive board responsible for defining the general objectives of the freight corridor, supervising and taking the measures as expressly provided for in Articles 8, 10 and 20. The executive board shall be composed of representatives of the authorities of the Member States concerned.	1. For each freight corridor, Member States concerned shall establish an executive board responsible for defining the general objectives of the freight corridor, supervising and taking the measures as expressly provided for in Articles 8 and 10. The executive board shall be composed of representatives of the authorities of the Member States concerned.
Justification
Not all decisions to be made by the Management Board are of concern to Member States (especially those concerning internal operational improvements). As Directive 2001/14/EC suggests it, a certain entrepreneurial independence of infrastructure managers should be preserved.
Amendment  27 Council position Article 7 - paragraph 2
Council position	Amendment
2. For each freight corridor, the infrastructure managers concerned and, where relevant, the allocation bodies as referred to in Article 14(2) of Directive 2001/14/EC, shall establish a management board responsible for taking the measures as expressly provided for in paragraph 6 of this Article and in Articles 8, 10, 12(1), 13(2), (5) and (6), 15(1), 16 and 17(2) and (3) of this Regulation. The management board shall be composed of the representatives of the infrastructure managers.	2. For each freight corridor, the infrastructure managers concerned and, where relevant, the allocation bodies as referred to in Article 14(2) of Directive 2001/14/EC shall establish a management board responsible for taking the measures as expressly provided for in paragraphs 6 and 7 of this Article and in Articles 8 to 16 of this of this Regulation. The management board shall be composed of the representatives of the infrastructure managers.
Justification
This amendment aims to reintroduce Parliament's first reading.
Amendment 28 Council position Article 7 - paragraph 4
Council position	Amendment
4. The management board shall take its decisions, including decisions regarding its legal status, resources and staffing, on the basis of mutual consent of the infrastructure managers concerned.	4. The management board shall take its decisions, including decisions regarding its legal status, the establishment of its organisational structure, resources and staffing, on the basis of mutual consent of the infrastructure managers concerned. The management board shall be an independent legal entity. It may take the form of a European economic interest grouping within the meaning of Council Regulation (EEC) No 2137/85 of 25 July 1985 on the European Economic Interest Grouping (EEIG).
Amendment 29 Council position Article 7 - paragraph 6
Council position	Amendment
6. The management board shall set up an advisory group made up of managers and owners of the terminals of the freight corridor. This advisory group may issue an opinion on any proposal by the management board which has direct consequences for investment and the management of terminals. The advisory group may also issue own initiative opinions. The management board shall take any of these opinions into account	6. The management board shall set up an advisory group made up of managers and owners of the terminals of the freight corridor including sea and inland waterway ports. This advisory group may issue an opinion on any proposal by the management board which has direct consequences for investment and the management of terminals. It may also issue own-initiative opinions. The management board shall take any of these opinions into account. The final decision however shall be taken by the management board. In the event of disagreement between the management board and the advisory group, the latter may refer the matter to the executive board. The executive board shall act as an intermediary and provide its opinion in due time.
Amendment  30 Council position Article 7 - paragraph 6 a (new)
Council position	Amendment
	6a. The management board shall set up an advisory group made up of railway undertakings interested in using the freight corridor. The advisory group may issue an opinion on any proposal by the management board which has consequences for these undertakings. The advisory group may also issue own-initiative opinions. The management board shall take any of these opinions into account. The final decision however shall be taken by the management board. In the event of disagreement between the management board and the advisory group, the latter may refer the matter to the executive board. The executive board shall act as an intermediary and provide its opinion in due time.
Amendment  31 Council position Article 7 – paragraph 6 b (new)
Council position	Amendment
	6b. The management board shall commit the infrastructure managers involved in the freight corridor to using interoperable IT applications or alternative solutions available in the future to handle requests for international train paths and the operation of international traffic on the corridor.
Justification
In order to improve cooperation between infrastructure managers concerning both the preparation of the working timetable and traffic management, the management board must require infrastructure managers to use technical solutions.
Amendment  32 Council position Article 8 - paragraph 1 - point b
Council position	Amendment
(b) the essential elements of the transport and traffic study referred to in paragraph 3;	(b) the essential elements of the study referred to in paragraph 3;
Justification
This amendment aims to reintroduce Parliament's first reading.
Amendment  33 Council position Article 8 - paragraph 3
Council position	Amendment
3. The management board shall periodically carry out a transport and traffic study relating to the observed and expected changes in the traffic in the freight corridor, covering the different types of traffic, both regarding the transport of freight and the transport of passengers.	3. The management board shall carry out and periodically update a transport market study relating to the observed and expected changes in the traffic in the freight corridor, as a consequence of its being established, covering the different types of traffic, both regarding the transport of freight and the transport of passengers.
	This study shall also review the socio-economic costs and benefits stemming from the establishment of the freight corridor
Justification
This amendment aims to reintroduce Parliament's first reading.
Amendment  34 Council position Article 8 - paragraph 3 a (new)
Council position	Amendment
	3a. A programme shall be drawn up for defining and improving performance in the freight corridor. In particular this programme shall include the common objectives, the technical choices and the schedule for the necessary measures in respect of the railway infrastructure and its equipment in order to implement all of the measures referred to in Articles 10 to 17. These measures shall avoid or minimise any restrictions affecting rail capacity.
Justification
This amendment aims to reintroduce Parliament's first reading.
Amendment 35 Council position Article 8 - paragraph 4
Council position	Amendment
4. The implementation plan shall take into account the development of terminals to meet the needs of rail freight running on the freight corridor.	4. The implementation plan shall take into account the development of terminals to meet the needs of rail freight running on the freight corridor in particular by acting as intermodal nodes along the freight corridors. These measures shall include cooperation with regional and local administrations. It must also take into account the implementation of appropriate safety measures for the transport of hazardous freight by rail.
Justification
Amendment  36 Council position Article 9
Council position	Amendment
The management board shall introduce consultation mechanisms with a view to the proper participation of the applicants likely to use the freight corridor. In particular, it shall ensure that applicants are consulted before the implementation plan referred to in Article 8 is submitted to the executive board.	The management board shall introduce consultation mechanisms with a view to the proper participation of the applicants likely to use the freight corridor. In particular, it shall ensure that applicants and their representative bodies are consulted before the implementation plan referred to in Article 8 is submitted to the executive board.
Justification
This amendment aims to reintroduce Parliament's first reading.
Amendment  37 Council position Article 9 - new paragraph
Council position	Amendment
	In the event of a disagreement between the management board and the applicants, the latter may refer the matter to the regulatory bodies referred to in Article 18.
Justification
This amendment aims to reintroduce Parliament's first reading.
Amendment  38 Council position Article 10 - paragraph 1- introductory part
Council position	Amendment
1. The management board shall draw up and periodically review an investment plan and shall submit it for approval to the executive board. This plan shall include:	1. The management board shall draw up and periodically review an investment plan, including indicative medium and long term investment for infrastructure in the freight corridor, and shall submit it for approval to the executive board. This plan shall include:
Amendment  39 Council position Article 10 - paragraph 1 a (new)
Council position	Amendment
	1a. The investment plans referred to in paragraph 1 shall include a strategy for the growth of the capacity of freight trains which may run along the freight corridor, namely, for removing the identified bottlenecks, upgrading existing infrastructure and building new infrastructure. The strategy may include measures to increase the length, track gauge, loading gauge, speed management, load hauled or axle load authorised for the trains running along the freight corridor.
Justification
This amendment aims to reintroduce Parliament's first reading.
Amendment  40 Council position Article 10 - paragraph 1 b (new)
Council position	Amendment
	1b. The investment plans referred to in paragraph 1 shall be published in the document referred to in Article 16 and updated regularly. They shall form part of the implementation plan for the freight corridor.
Justification
This amendment aims to reintroduce Parliament's first reading.
Amendment  41 Council position Article 11
Council position	Amendment
The infrastructure managers concerned shall coordinate and publish, according to an appropriate manner and timeframe, their schedule for carrying out all the works on infrastructure and its equipment that would restrict available capacity on the freight corridor.	The management board shall coordinate and publish, in an appropriate manner and timeframe and in line with Article 6 of Directive 2001/14/EC, their schedule for carrying out all the works on the infrastructure and its equipment that would restrict available capacity on the freight corridor.
Justification
This amendment aims to reintroduce Parliament's first reading.
Amendment  42 Council position Article 12 - paragraph 1
Council position	Amendment
1. The management board for a freight corridor shall designate or establish a joint body and/or an information system through collaboration between infrastructure managers offering applicants the opportunity to request, in a single place and a single operation, infrastructure capacity for freight trains crossing at least one border along the freight corridor (the "one-stop shop").	1. The management board for a freight corridor shall designate or establish a joint body offering applicants the opportunity to request and to receive answers, in a single place and in a single operation, regarding infrastructure capacity for freight trains crossing at least one border along the freight corridor (hereinafter referred to as "one-stop shop").
Amendment 43 Council position Article 12 - paragraph 2
Council position	Amendment
2. The one‑stop shop shall also provide basic information concerning the allocation of the infrastructure capacity, including the information referred in Article 16.	2. It shall display infrastructure capacity available at the time of request and its characteristics in accordance with pre-defined parameters, such as speed, length, loading gauge or axle load authorised for trains running on the freight corridor.
Amendment 44 Council position Article 12 - paragraph 2 a (new)
Council position	Amendment
	2a. The one‑stop shop shall take a decision with regard to applications for facilitated freight train paths specified in Article 13(3) and for the reserve for capacity specified in Article 13(5). It shall inform the competent infrastructure managers of these applications and the decision taken,without delay.
Amendment  45 Council position Article 12 - paragraph 3
Council position	Amendment
3. The one-stop shop shall forward any application for infrastructure capacity without any delay to the competent infrastructure managers and, where relevant, the allocation bodies as referred to in Article 14(2) of Directive 2001/14/EC, who shall take a decision on that application in accordance with Article 13 and Chapter III of that Directive.	3. For any request of infrastructure capacity which cannot be met pursuant to paragraph 2a, the one‑stop shop shall forward the application for infrastructure capacity without any delay to the competent infrastructure managers and, where relevant, the allocation bodies as referred to in Article 14(2) of Directive 2001/14/EC, who shall take a decision on that application in accordance with Article 13 and Chapter III of that Directive and communicate this decision to the one-stop shop for further processing.
Amendment  46 Council position Article 12 - paragraph 4
Council position	Amendment
4. The activities of the one-stop shop shall be carried out under transparent and non-discriminatory conditions. These activities shall be subject to control of the regulatory bodies in accordance with Article 18.	4. The activities of the one-stop shop shall be carried out in a transparent manner; to this end a register, made freely available to all interested parties to prevent any discrimination, shall be kept wherein the date requests, the names of the applicants, details of documentation supplied and of incidents are noted. These activities shall be subject to the control of the regulatory bodies in accordance with Article 18.
Amendment  47 Council position Article 12 a (new)
Council position	Amendment
	Article 12a Standard categories of train paths in the corridors
	1. The management board shall define and periodically update the standard categories of freight train paths, which shall be valid throughout the freight corridor. At least one of these categories (hereinafter referred to as "facilitated freight") shall include a train path with an efficient transport time and guaranteed punctuality.
	2. The criteria defining the standard categories of freight traffic shall be adopted by the management board after consultation of the applicants likely to use the freight corridor as defined in Article 2 of Directive 2001/14/EC.
Justification
Amendment  48 Council position Article 13 - paragraph 1
Council position	Amendment
1. Member States shall cooperate on defining the framework for the allocation of the infrastructure capacity in the freight corridor in accordance with their competences as set out in Article 14(1) of Directive 2001/14/EC.	1. The management board of the freight corridor and the advisory group referred to in Article 7(6) shall put in place procedures to ensure optimal coordination of the allocation of railway infrastructure capacity and terminal capacity.
Amendment  49 Council position Article 13 - paragraph 2
Council position	Amendment
2. The management board shall evaluate the need for capacity to be allocated to freight trains running on the freight corridor taking into account the transport and traffic study referred to in Article 8(3) of this Regulation, the requests for infrastructure capacity relating to the past and present working timetables and the framework agreements.	2. The management board shall evaluate the need for capacity to be allocated to freight trains running on the freight corridor taking into account the transport market study referred to in Article 8(3), the requests for infrastructure capacity relating to the past and present working timetables and the framework agreements.
Justification
This amendment aims to reintroduce Parliament's first reading.
Amendment  50 Council position Article 13 - paragraph 3
Council position	Amendment
3. On the basis of the evaluation specified in paragraph 2 of this Article, infrastructure managers of the freight corridor shall jointly define and organise international pre-arranged train paths for freight trains following the procedure referred to in Article 15 of Directive 2001/14/EC recognising the need for capacity of other types of transport, including passenger transport. These pre arranged paths shall be published no later than three months before the final date for receipt of requests for capacity referred to in Annex III to Directive 2001/14/EC. The infrastructure managers of several freight corridors may, if necessary, coordinate international pre arranged train paths offering capacity on the freight corridors concerned.	3 On the basis of the evaluation specified in paragraph 2 of this Article, infrastructure managers of the freight corridor shall jointly define and organise international pre-arranged train paths for freight trains following the procedure referred to in Article 15 of Directive 2001/14/EC recognizing the need for capacity of other types of transport, including the passenger transport. Among these pre-arranged train paths, in accordance with the capacity available, there shall be a number of facilitated freight paths. These pre-arranged paths shall be published not later than three months before the final date for receipt of requests for capacity referred to in Annex III of Directive 2001/14/EC. The infrastructure managers of several freight corridors may, if necessary, coordinate international prearranged train paths offering capacity on the freight corridors concerned.
Amendment  51 Council position Article 13 - paragraph 5 - subparagraph 1
Council position	Amendment
5. Infrastructure managers shall, if justified by market need and the evaluation referred to in paragraph 2 of this Article, jointly define the reserve capacity for international freight trains running on the freight corridors recognising the need for capacity of other types of transport, including passenger transport and keep this reserve available within their final working timetables to allow them to respond quickly and appropriately to ad hoc requests for capacity as referred to in Article 23 of Directive 2001/14/EC. This capacity shall be reserved until the time-limit before its scheduled time as decided by the management board. This time limit shall not exceed 90 days.	5. Infrastructure managers shall, if justified by market need and the evaluation as referred to in paragraph 2 of this Article, jointly define the reserve capacity for international freight trains running on the freight corridors respecting the need for capacity of other types of transport, including the passenger transport and keep this reserve available within their final working timetables to allow them to respond quickly and appropriately to ad hoc requests for capacity as referred to in Article 23 of Directive 2001/14/EC. This capacity shall be reserved until the time limit before its scheduled time as decided by the management board. This time limit shall not exceed 30 days.
Justification
This amendment aims to reintroduce Parliament's first reading.
Amendment  52 Council position Article 13 - paragraph 5 - subparagraph 2
Council position	Amendment
The reserve capacity shall be determined on the basis of the evaluation specified in paragraph 2. Such reserve capacity shall be only made available provided that there is real market need.	deleted
Amendment  53 Council position Article 13 - paragraph 6 a (new)
Council position	Amendment
	6a. Infrastructure managers shall include in their conditions of use a fee for paths that are allocated but ultimately not used. The level of this fee shall be appropriate, dissuasive and effective.
Justification
This amendment aims to reintroduce Parliament's first reading.
Amendment  54 Council position Article 13 - paragraph 7
Council position	Amendment
7. Save in the case of force majeure, a train path allocated to a freight operation under this Article may not be cancelled less than one month before its scheduled time in the working timetable except if the applicant concerned gives its approval for such cancellation. In such a case the infrastructure manager concerned shall make an effort to propose to the applicant a train path of an equivalent quality and reliability which the applicant has the right to accept or refuse. This provision shall be without prejudice to any rights the applicant may have under an agreement as referred to in Article 19(1) of Directive 2001/14/EC.	7. Save in the case of force majeure, and in the event of safety-critical line closures and construction work required at short notice on the railway infrastructure, a train path allocated to a facilitated freight operation pursuant to this Article may not be cancelled less than three months before its working timetable if the applicant concerned does not give its approval for such cancellation. In such a case the infrastructure manager concerned shall make an effort to propose to the applicant a train path of an equivalent quality and reliability which the applicant has the right to accept or refuse. This provision shall be without prejudice to any rights the applicant may have under an agreement as referred to in Article 19(1) of Directive 2001/14/EC. In any case, the applicant may refer the matter to the regulatory body.
Amendment  55 Council position Article 13 - paragraph 8
Council position	Amendment
8. The infrastructure managers of the freight corridor and the advisory group referred to in Article 7(6) shall put in place procedures to ensure optimal coordination of the allocation of capacity between infrastructure managers, both for requests as referred to in Article 12(1) and for requests received by infrastructure managers concerned. This shall also take account of access to terminals.	8.The management board of the freight corridor and the advisory groups referred to in Article 7(6) and 7(6a) shall put in place procedures to ensure optimal coordination of the allocation of capacity between infrastructure managers, both for requests as referred to in Article 12(1) and for requests received by infrastructure managers concerned. This shall also take account of access to terminals.
Amendment  56 Council position Article 13 a (new)
Council position	Amendment
	Article 13a
	Authorised applicants
	Notwithstanding Article 16(1) of Directive 2001/14/EC, applicants other than railway undertakings and the international groupings that they make up, may request train paths for freight transport where the latter concern several sections of the freight corridor.
Justification
This amendment aims to reintroduce Parliament's first reading.
Amendment  57 Council position Article 14 - paragraph 1
Council position	Amendment
1. Infrastructure managers of the freight corridor shall put in place procedures for coordinating traffic management along the freight corridor and may put in place procedures for coordinating traffic management along several freight corridors.	1. The management board of the freight corridor shall put in place procedures for coordinating traffic management along the freight corridor.
Amendment  58 Council position Article 14 - paragraph 1 - new subparagraph
Council position	Amendment
	The management boards of connected freight corridors shall put in place procedures for coordinating traffic along several freight corridors.
Amendment  59 Council position Article 15 - paragraph 1
Council position	Amendment
1. The management board shall adopt common targets for punctuality and/or guidelines for traffic management in the event of disturbance to train movements on the freight corridor.	1. The management board shall draw up and publish in the network statement referred to in Article 3 of and Annex I to Directive 2001/14/EC the rules of priority between the different types of traffic in the event of traffic disruption in the freight corridor.
Amendment  60 Council position Article 15 - paragraph 2
Council position	Amendment
2. Each infrastructure manager concerned shall draw up priority rules for the management between the different types of traffic in the part of the freight corridors within the responsibility of that infrastructure manager in accordance with the common targets and/or guidelines referred to in paragraph 1 of this Article. Those priority rules shall be published in the network statement referred to in Article 3 of Directive 2001/14/EC.	deleted
Amendment  61 Council position Article 15 - paragraph 3
Council position	Amendment
3. The principles for establishing the priority rules shall at least provide that the train path referred to in Article 13(3) and (5) allocated to freight trains which comply with their scheduled time in the working timetable shall not be modified, as far as possible. The principles for establishing the priority rules shall aim at minimising the overall network recovery time with regard to the need of all types of transport. For this purpose, infrastructure managers may coordinate the management between the different types of traffic along several freight corridors.	3. The principles for establishing the priority rules shall at least provide that the train path referred to in Article 12a (1) allocated to freight trains which comply with their scheduled time in the working timetable shall not be modified, as far as possible. The principles for establishing the priority rules shall aim at minimising the overall network recovery time with regard to the need of all types of transport. For this purpose, infrastructure managers may coordinate the management between the different types of traffic along several freight corridors.
Amendment  62 Council position Article 16 - point c
Council position	Amendment
c) the information concerning the procedures referred to in Articles 13(8) and 14(2); and	c) the information concerning the procedures referred to in Articles 12, 13, 13a, 14 and 15; and
Amendment  63 Council position Article 17 - paragraph 1
Council position	Amendment
1. Infrastructure managers of the freight corridor shall promote compatibility between the performance schemes referred to in Article 11 of Directive 2001/14/EC.	1. The management board of the freight corridor shall ensure consistency between the performance schemes along the freight corridor, as referred to in Article 11 of Directive 2001/14/EC. This consistency shall be overseen by the regulatory bodies, which shall cooperate with regard to this oversight in accordance with Article 18(1).
Amendment  64 Council position Article 17 - paragraph 1 a (new)
Council position	Amendment
	1a. In order to measure the quality of the service and the capacity for international and national rail freight services in the freight corridor, the management board and the advisory group referred to in Article 7(6) shall define the performance indicators in the freight corridor and publish them at least once a year. The implementation rules for these indicators shall be laid down, where applicable, in accordance with the regulatory procedure referred to in Article 19(3).
Amendment  65 Council position Article 18 - paragraph 1 - new subparagraph
Council position	Amendment
	The management board and other third parties involved in international capacity allocation are obliged to provide the regulatory bodies concerned with all the information that is needed on the international train paths and capacity they are responsible for,without delay.
Amendment  66 Council position Article 18 - paragraph 1 a (new)
Council position	Amendment
	1a. The regulatory bodies referred to in Article 30 of Directive 2001/14/EC shall ensure non-discriminatory access to the corridor and shall be the appeal bodies provided under Article 30(2) of Directive 2001/14/EC. In order to foster free and fair competition on the railway market in Europe a comparable regulatory level shall be established throughout Europe. Regulatory bodies shall be easily accessible by the market players. They shall be able to take decisions independently and efficiently. They shall have sufficient financial and competent human resources to enable them to investigate all complaints within two months of receipt of all relevant information.
Justification
Divergent regulatory standards favour unfair competition in the rail market. In order to ensure non-discriminatory access to the corridor a comparable regulatory level must be established in all Member States.
Amendment  67 Council position Article 18 - paragraph 2
Council position	Amendment
2. In the event of a complaint to a regulatory body from an applicant regarding international rail freight services, or within the framework of an own-initiative investigation by a regulatory body, this regulatory body shall consult the regulatory bodies of all other Member States through which the international train path for freight train concerned runs and request all necessary information from them before taking its decision.	2. In the event of a complaint from an applicant regarding international rail freight services, or within the framework of a routine enquiry, the regulatory body concerned shall consult the regulatory body of any other Member State on the territory of which the freight corridor concerned passes and ask it for the necessary information before taking its decision. The other regulatory bodies shall provide all the information that they themselves have the right to request under their national legislation. Where necessary, the regulatory body receiving the complaint or having initiated the routine enquiry shall transfer the file to the regulatory body responsible in order to take measures regarding the parties concerned in accordance with the procedure established in Article 30(5) and (6) of Directive 2001/14/EC.
Justification
This amendment aims to reintroduce Parliament's first reading.
Amendment  68 Council position Article 20 - paragraph 1
Council position	Amendment
1. The power to adopt the delegated acts referred to in Article 4(8) shall be conferred on the Commission for a period of five years following the entry into force of this Regulation. The Commission shall make a report in respect of the delegated powers at the latest six months before the end of the five year period. The delegation of power shall be automatically extended for periods of an identical duration, unless the European Parliament or the Council revokes it in accordance with Article 21.	1. The power to adopt the delegated acts referred to in Articles 3(2a), 3(2b), 4(5), 4(6) and 4(9) shall be conferred on the Commission for a period of five years following the entry into force of this Regulation. The Commission shall make a report in respect of the delegated powers at the latest six months before the end of the five year period. The delegation of power shall be automatically extended for periods of an identical duration, unless the European Parliament or the Council revokes it in accordance with Article 21.
Justification
This amendment brings the wording for the delegated acts procedure in line with the wording agreed between the institutions in other files.
Amendment  69 Council position Article 21 - paragraph 1
Council position	Amendment
1. The delegation of power referred to in Article 20 may be revoked by the European Parliament or by the Council.	1. The delegation of power referred to in Article 20 may be revoked at any time by the European Parliament or by the Council.
Justification
This amendment brings the wording for the delegated acts procedure in line with the wording agreed between the institutions in other files.
Amendment  70 Council position Article 21 - paragraph 2
Council position	Amendment
2. The institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall inform the other institution and the Commission at the latest one month before the final decision is taken, stating the delegated powers which could be subject to revocation and the reasons for a revocation.	2. The institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons for a revocation.
Justification
This amendment brings the wording for the delegated acts procedure in line with the wording agreed between the institutions in other files.
Amendment  71 Council position Article 22 - paragraph 1
Council position	Amendment
1. The European Parliament or the Council may object to the delegated act within a period of three months from the date of notification.	1. The European Parliament or the Council may object to the delegated act within a period of two months from the date of notification.
Justification
This amendment brings the wording for the delegated acts procedure in line with the wording agreed between the institutions in other files.
Amendment  72 Council position Article 22 - paragraph 1 - new subparagraph
Council position	Amendment
	At the initiative of the European Parliament or the Council this period shall be extended by two months.
Justification
This amendment brings the wording for the delegated acts procedure in line with the wording agreed between the institutions in other files
Amendment  73 Council position Article 22 - paragraph 2
Council position	Amendment
2. If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, or if, before that date, the European Parliament and the Council have both informed the Commission that they have decided not to raise objections, the delegated act shall enter into force at the date stated therein.	2. If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force at the date stated therein.
Justification
This amendment brings the wording for the delegated acts procedure in line with the wording agreed between the institutions in other files.
Amendment  74 Council position Article 22 - paragraph 2 - new subparagraph
Council position	Amendment
	The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.
Justification
This amendment brings the wording for the delegated acts procedure in line with the wording agreed between the institutions in other files.
Amendment  75 Council position Article 24 a (new)
Council position	Amendment
	Article 24a
	Review
	If, where the TEN-T guidelines are reviewed in accordance with the procedures referred to in Article 21 of Decision No 1692/96/EC, the Commission concludes that it is appropriate to adapt this Regulation to those guidelines, it shall present to the European Parliament and the Council a proposal on amending this Regulation accordingly. Similarly, certain decisions taken under this Regulation may entail the need to revise the TEN-T guidelines.
Justification
This amendment aims to reintroduce Parliament's first reading.
Amendment  76 Council position Annex I - point 4
Council position	Amendment
Sines-Lisboa/Leixões	Sines-Lisboa/Leixões
-Madrid-San Sebastian-Bordeaux-Paris-Metz	-Madrid-Bilbao-San Sebastian-Bordeaux-Paris/Le Havre/Metz
Sines-Elvas/Algeciras	Sines-Elvas/Algeciras
Justification
Given the importance of the port of Le Havre for container traffic (63% of all containers handled in French ports) and the benefits of strengthening coordination between the three large ports on the Seine (Paris-Rouen-Le Havre), the inclusion of Le Havre will foster the cohesive development of economic activity and extend the artery’s hinterlands. This is in line with amendment 16 by the Rapporteur, the Council position and the recommendations made by Parliament in its own‑initiative report on the future of TEN‑T.
Amendment  77 Council position Annex I - point 5
Council position	Amendment
Gdynia-Katowice-Ostrava/Zilina-Vienna-Trieste/Koper	Gdynia - Warsaw -Katowice-Ostrava/Zilina-Bratislava/Vienna- Graz - Klagenfurt - Udine- Venice/ Trieste /Koper/Bologna/Ravenna
Justification
Freight corridor no. 5 has been already draft at Ministerial level in 2006 according to the Baltic-Adriatic corridor, pan-European corridor VI and TEN-T PP 23 and 25 (see the letter of interest signed by Ministers, enclosed). Annex I to the Council position doesn't mention some important cities in the section between Vienna and Trieste and already included in the itinerary by the Ministers letter.
Amendment  78 Council position Annex I - point 6
Council position	Amendment
Almeria-Valencia/ Madrid-Zaragoza/Barcelona-Marseille-Lyon-Turin-Udine-Trieste/Koper-Ljubljana-Budapest-Zahony (Hungary-Ukraine border)	Almería-Valencia/ Madrid-Zaragoza/Barcelona-Marseille-Lyon-Turin - Milan-Verona - Padua/Venice - Trieste/Koper-Lubljana-Budapest-Zahony (Hungary-Ukraine border)
Justification
Freight corridor no. 6, which is based on TEN-T PP 6, has a gap in the section between Turin and Trieste, whereas PP 6 has a more precise itinerary across Northern Italy.
Amendment  79 Council position Annex I - point 8
Council position	Amendment
DE, NL, BE, PL, LT Bremerhaven/ Rotterdam/Antwerp-Aachen/ Berlin-Warsaw-Terespol (Poland-Belarus border)/Kaunas-	DE, NL, BE, PL, LT, LV, EST Bremerhaven/ Rotterdam/ Antwerp-Aachen/ Berlin-Warsaw-Terespol (Poland-Belarus border)/Kaunas-Riga-Tallinn
Amendment  80 Council position Annex I - footnote 1
Council position	Amendment
1 "/" means alternative routes.	1 "/" means alternative routes. In line with the TEN-T priority projects, routes 4 and 6 should in the future be completed by Project 16, the Sines/Algeciras-Madrid-Paris freight axis which takes in the central Pyrenees crossing via a low elevation tunnel.
Amendment  81 Council position Annex II
Council position	Amendment
	Annex deleted

• [1]  Texts Adopted, 23.4.2009, P6_TA(2009)0285.
• [2]  Opinion of 15 July 2009.
• [3]  Opinion of 7 October 2009.

EXPLANATORY STATEMENT

European policies in the field of transport have been characterised in the last decade by an increasing liberalisation. In parallel, transport growth has been constant, especially in the freight sector. But, despite the recognition of the key role of the rail transport in the European transport framework by the Commission in its White Paper published in 2001 "European Policy for 2010: Time to decide", rail market share declined continuously in the freight transport: in 2005 it represented only 10% of the freight transport market share against more than 20% in the 1970's. The changing context in the transport sector in the last decade can partly explain these difficulties, with the growing opening of the national rail markets with three railway packages without sufficient harmonisation and synergies between national rail systems. The rail freight market has now to face the challenge of the improvement of its quality of service, because of a lack of compliance which handicaps it in its competition against other modes of transport in the freight transport.

The Proposal of the Commission to create European freight corridors

In order to face this challenge, the Commission promoted the idea to give a better treatment to the transport of goods by proposing in December 2008 a regulation creating a competitive rail network for competitive freight. The Commission's proposal aimed at organising and determining rules for international rail freight corridors, especially concerning their selection and their administrative organisation. It presented the criteria for the selection of freight corridors by Member States and defined their governance bodies. At least two Member States will be linked and the corridor shall be part of the TEN-T. These corridors should aim at allowing a significant development of rail freight traffic, on the basis of a socio-economic analysis.

It promoted also the harmonised management between infrastructure managers concerning the allocation of paths, the traffic management and the investments along this corridor. It proposed the rules and instruments related to the management of the freight corridor, like the creation of a one-stop-shop for the requests for train paths. A specific category called "priority freight" for very time-sensitive good should also have been defined by the governance body. Rules for the traffic management, especially rules of priority for the "priority freight" in case of traffic disruption, were drawn up and published by the infrastructure managers.

The European Parliament adopted its first reading in April 2009 on this proposal, which supported largely the objective of the Commission to create a competitive rail freight network through the creation of corridors across the European Union. The term "priority freight" was replaced and more flexibility in the functioning of the rules of priority and in the allocation of train paths was introduced in order to be in line with the market needs and with regulation principles established by the governance body. The Parliament introduced as well some changes in the organisation of the governance bodies of the corridors with the participation of railways undertakings on a consultative basis and the creation of an executive board with national members.

The Council's position at first reading

A political agreement was reached in the Council in June 2009 and was formally adopted on 22 February 2010. With the entry into force the Lisbon Treaty, several provisions contained in the text needed to be adapted regarding the comitology.

The main change in the draft Regulation agreed in the Council concerns the establishment of initial freight corridors listed in a new annex to the text at the latest three or exceptionally five years after its entry into force. Procedures for the creation of additional corridors or for the modification or prolongation of existing corridors are also proposed.

The Council's position at first reading tries to conciliate the capacity reservation for freight trains with the normal passenger transport, by mentioning the need for capacity of passenger transport in a draft Regulation dealing with freight transport.

Council's text deleted the right of applicants other than railway undertakings to request train paths for freight transport, allowing it only if these paths are located in Member States where national law accepts those requests.

On the organisation of the corridors, the Council proposed to divide the administrative body managing the corridor in a management board, constituted by infrastructure managers, and an executive board, constituted by representatives of Member States, having additional powers compared to the Parliament's first reading. The competences of one-stop-shop are significantly weakened, reducing its role to an information role.

Rapporteur's views

Your rapporteur proposes a recommendation which intends to modify Council's position at first reading by taking into account the first reading of the Parliament. Some of the aspects of the Common position are compatible with Parliament's first reading, like for example the creation of an executive board, which was already proposed by European Parliament.

Your rapporteur also tried to reintroduce parliamentary amendments in the Council's position at first reading on the participation of railways undertaking in the management board, the investment plans, and the access of the authorised applicants to the corridors. More importantly, your rapporteur reintroduced some references to the specific category of freight, ("facilitated freight") which was deleted by the Council, as well as some amendments of the Parliament on the allocation of capacity of train paths, which should be decided accordingly to a preliminary evaluation.

Finally, your rapporteur proposed some new wording in the Council's position at first reading:

- On the one-stop-shop, your rapporteur considers it as a key provision in the Regulation and proposes some wording to reinforce its use in the allocation process for train paths;

- On the selection of corridors, some adaptations are made on the presentation of the criteria, which are transferred from the Annex II to a new article. The validation of the list of corridors and the selection of further corridors should be made according to a shorter timetable as the one proposed by Council, in order to allow a more rapid implementation of the Regulation;

- The draft recommendation includes as well some wording on adapting the former comitology procedures to the delegated acts, as provided by the Lisbon Treaty.

PROCEDURE

Title	European rail network for competitive freight (text with EEA relevance)
References	11069/5/2009 – C7-0043/2010 – 2008/0247(COD)
Date of Parliament’s first reading – P number	23.4.2009                     T6-0285/2009
Commission proposal	COM(2008)0852 - C6-0509/2008
Date receipt of common position announced in plenary	25.2.2010
Committee responsible        Date announced in plenary	TRAN 25.2.2010
Rapporteur(s)        Date appointed	Marian-Jean Marinescu 1.9.2009
Discussed in committee	5.10.2009		1.3.2010		23.3.2010		3.5.2010
Date adopted	4.5.2010
Result of final vote	+: –: 0:	30 2 4
Members present for the final vote	Magdalena Alvarez, Inés Ayala Sender, Georges Bach, Izaskun Bilbao Barandica, Antonio Cancian, Michael Cramer, Luis de Grandes Pascual, Saïd El Khadraoui, Ismail Ertug, Carlo Fidanza, Knut Fleckenstein, Mathieu Grosch, Juozas Imbrasas, Dieter-Lebrecht Koch, Georgios Koumoutsakos, Bogusław Liberadzki, Eva Lichtenberger, Marian-Jean Marinescu, Gesine Meissner, Hella Ranner, Vilja Savisaar, Brian Simpson, Silvia-Adriana Ţicău, Thomas Ulmer, Dominique Vlasto, Artur Zasada
Substitute(s) present for the final vote	Philip Bradbourn, Spyros Danellis, Michel Dantin, Derk Jan Eppink, Nathalie Griesbeck, Dominique Riquet, Ramon Tremosa i Balcells, Corien Wortmann-Kool, Joachim Zeller, Janusz Władysław Zemke