UITP and European rail legislation

Transcription

1 Yves Amsler, EuroTeam Expert and Advisor to the UITP Secretary General on Projects and Development UITP and European rail legislation The European Union s treaties view the common transport policy as one of the fundamental components of Europe s single market. The European Commission has often highlighted rail s competitive advantages compared to other transport modes by land or air, particularly in terms of its energy consumption, environmental impact and safety record. In the Commission s view, rail revitalisation and fairer infrastructure charges should trigger a major traffic shift away from our roads and onto the railways. However, the rail sector is suffering on account of the huge variety and complexity of the technical specifications and operating methods of its various national rail networks. These are restricting rail s appeal and driving up the cost of building and operating infrastructures, vehicles and equipment. The Commission is trying therefore to introduce European legislation gradually that promotes the emergence of a single railway market throughout the Union and contributes to its development by favouring two concepts: market liberalisation and interoperability. As we shall see later on, the urban, suburban and regional passenger rail sector is beginning to enter the area covered by the EU s rail directives. As far as this sector is concerned, interoperability is not a relevant target given the diversity of the networks and their local character. On the other hand, interchangeability between the components and subsystems by means of compatible interfaces, and European harmonisation of certain basic system characteristics, ought to be favoured in order to allow the European Union s internal market to work more efficiently and to achieve the necessary economies of scale in terms of both network investment and operation. 1

2 Legislation concerning rail-market liberalisation and interoperability The first directive to liberalise the rail market dates back to July 1991 (91/440/EEC). In June 1995, several directives defined the principles and procedures to be followed in order to access the rail market pursuant to Directive 91/440/EEC: Directive 95/18/EC on the licensing of railway undertakings, which excludes from its scope undertakings whose activities are limited to the operation of urban, suburban and regional services (Article 1.2), Directive 95/19/EC on the allocation of railway infrastructure capacity and the charging of infrastructure fees. The first interoperability directive (96/48/EC) dates from July 1996 and only concerns the interoperability of the trans-european high-speed rail system. These directives were modified or replaced in 2001 by the first railway package, which was due to be transposed into national law before 20 April First railway package The first railway package refers to a set of texts adopted in February and March 2001 and including: Directive 2001/12/EC, amending Directive 91/440/EEC and providing for the opening-up to competition of the 50,000 km Trans-European rail freight network from 2003, and of other international freight routes from 2008, Directive 2001/13/EC, amending Directive 95/18/EC and extending the licensing principle to all sector undertakings, Directive 2001/14/EC, repealing Directive 95/19/EC and concerning the allocation of railway infrastructure capacity, the levying of charges for the use of railway infrastructure, and safety certification. It establishes a new framework aimed at constituting an European railway area without borders, D i rective 2001/16/EC, supplementing Dire c t i v e 96/48/EC and aimed at establishing the full set of conditions to be met in order to allow intero p e r- ability within the terr i t o ry of the Community between trans-european conventional rail systems. Directives 2001/13/EC and 2001/14/EC are the first to make explicit reference to the UITP members own sector of activity. Indeed, they state (Article 1.2) that: The Member States may exclude from the scope of: Directive 2001/13/EC a) undertakings which only operate rail passenger services on local and regional stand-alone railway infrastructure; b) railway undertakings which only operate urban or suburban rail passenger serv i c e s [ ]. Directive 2001/14/EC a) stand-alone local and regional networks for passenger services on railway infrastructure; b) networks intended only for the operation of urban or suburban passenger services, [ ]. In turn, Directive 2001/16/EC applies to lines within trans-european transport networks and to the rolling stock operating on these lines. The working method established by the interoperability directives in order to produce the required technical harmonisation consists of defining the necessary minimum in terms of each sub-system, by entrusting a joint representative body with the task of preparing Technical Specifications for Interoperability (TSIs). AEIF, the European Association for Railway Interoperability ( was mandated originally by the Commission with this aim in mind. AEIF represents infrastructure managers, railway companies and industry. A TSI priority group for conventional rail was approved by a Commission decision dated 29 April 2004 (2004/446/EC and 2004/447/EC). Other TSIs will follow in The latest TSIs prepared by AEIF involve three groups created at the end of 2002 ( safety in railway tunnels, accessibility for persons of reduced mobility, air pollution diesel engines ). U I T P A N D E U R O P E A N R A I L L E G I S L AT I O N

3 Second railway package On 29 April 2004, a new set of texts was adopted. This is known collectively as the second railway package and comprises three directives and a regulation: Directive 2004/49/EC on railway safety, amending Directives 95/18/EC and 2001/14/EC and specifically entailing four series of measures: the creation, in each Member State, of a safety authority responsible for regulating and controlling railway safety, authorisations for placing in service subsystems and rolling stock not covered by a TSI, safety inspections and monitoring of mutual recognition of national safety rules, mutual recognition of safety certificates (railway undertakings) and safety authorisations (infrastructure managers) issued by the various Member States, development of common safety indicators (CSIs), common safety targets (CSTs) and common safety methods (CSMs), and definition of common rules for investigations following railway incidents and accidents, with the creation of permanent independent investigation bodies. Directive 2004/50/EC on the interoperability of the conventional trans-european rail network, amending Directives 96/48/EC and 2001/16/EC and speeding up application of interoperability standards for the trans-european rail system, D i rective 2004/51/EC on the development of the C o m m u n i t y s railways, which amends Dire c t i v e 91/440/EEC and opens up to competition t h e U n i o n s entire rail infrastru c t u re used for the transp o rt of freight, i.e. some 150,000 kilometres, by 1 J a n u a ry 2006 at the latest for international serv i c e s and by 1 January 2007 for all rail freight serv i c e s, Regulation EC/881/2004 establishing a European Railway Agency responsible for railway safety and interoperability, designed ultimately to replace AEIF. This Agency, operational in mid 2005, brings together experts from the rail sector seconded to it for specified periods. Directives 2004/49/EC and 2004/50/EC are to be transposed into national law within the two years following their adoption. Directive 2004/51/EC should be transposed before 31 December Directive 2004/49/EC on railway safety covers all rail modes, including urban modes (metro, tram, etc.). However, Article 2.2 of the Directive states that: "Member States may exclude from the measures they adopt in implementation of this Directive: (a) metros, tramway and other urban rail systems, (b) networks that are functionally separate from the rest of the railway system and intended only for the operation of local, urban or suburban passenger services, as well as railway undertakings operating solely on these, [...]. Directive 2004/50/EC on interoperability amends Article1 of Directive 2001/16/EC by adding a third paragraph: The scope of this Directive shall be progressively extended to the whole conventional rail system, including track access to terminals and main port facilities serving or potentially serving more than one user, except for infrastructure and rolling stock reserved for a strictly local, historical or touristic use or infrastructure which is functionally isolated from the rest of the rail system, and without prejudice to the derogations to the application of TSIs as listed in Article 7. Other existing or planned rail legislation Text adopted in 2003 Regulation 1192/2003/EC of 3 July 2003, which amends Regulation 91/2003/EC on rail transport statistics, excludes undertakings whose only activities involve the supply of passenger services by metro, tram and/or light rail. 3

4 Texts proposed in 2004: Third railway package On 3 March 2004, the Commission adopted a proposal for a third railway package containing two communications from the Commission and three proposed legislative texts: Directive proposal COM (2004) 139 final, which amends Directive 91/440/EEC on the development of the Community s railways, and opens up the market in international passenger rail services by 1 January 2010, a Commission communication, COM (2004) 140 final, on the topic of Further integration of the European rail system: the third railway package, a Commission communication, COM (2004) 141 final, on the adoption of a Regulation of the European Parliament and of the Council amending Council Regulation 2236/95/EC laying down general rules for the granting of Community financial aid in the field of trans-european networks, Directive proposal COM (2004) 142 final on the certification of train crews operating locomotives and trains on the Community s rail network, Regulation proposal COM (2004) 143 final on the rights and obligations of international rail passengers. Directive proposal COM (2004) 142 final on the certification of train crews has the same scope as Directive 2004/49/EC, and therefore the same exclusion possibilities. Indeed, Article 3 of the Directive proposal states that: The purpose of this Directive is the certification of train crews operating locomotives and trains on the Community s rail network for a railway undertaking requiring a safety certificate or an infrastructure manager requiring a safety authorisation. The current draft of Regulation proposal COM (2004) 143 final on the rights of international passengers excludes from the proposal s scope undertakings whose activities are confined to the operation of urban, suburban and regional services, with Article 1.2 referring to Directive 95/18/EC as adopted in June 1995: This Regulation shall apply to international journeys undertaken within the Community where the international service is operated by a railway undertaking licensed according to Council Directive 95/18/EC. It should be noted that liberalisation of the international passenger rail transport market, by including cabotage, could trigger a conflict of interest with urban and regional passenger rail services, most of which are operated under public-service contracts. Indeed, Directive proposal COM (2004) 139 final on international passenger services proposes the insertion of the following new paragraphs in Article 10 of Directive 91/440/EEC: 3(a) Railway undertakings within the scope of Article 2 shall, by 1 January 2010 at the latest, be granted the right of access to the infrastru c t u re in all Member States for the purpose of operating an i n t e rnational passenger service. Railway u n d e rtakings shall, in the course of an i n t e rnational passenger service, have the right to pick up passengers at any station located on the intern a t i o n a l route and set them down at another, including stations located in the same Member State. 3(b) Member States may limit the right of access defined in paragraph 3(b) on services between a place of departure and a destination which are covered by a public service contract conforming to the Community legislation in force. Such limitation may not have the effect of restricting the right to pick up passengers at any station located on the route of an international service and to set them down at another, including stations located in the same Member State, except where this is strictly necessary to maintain the economic equilibrium of the service defined in a public service contract and has been approved by the regulatory body referred to in Article 30 of Directive 2001/14/EC 1. 3(c) Member States shall take the necessary measures to ensure that the decisions referred to in 3(b) are subject to judicial review. U I T P A N D E U R O P E A N R A I L L E G I S L AT I O N

5 UITP s European Union Committee adopted its position on these three texts prior to their discussion at the Council in December This position is featured on the European Union website at the following URL: ckage2003/reaction_en.htm In UITP s view, all urban, suburban and re g i o n- al passenger rail transport services - including cro s s - b o rder - should be excluded from the scope of the proposals COM (2004) 142 (on the certification of train crews) and 143 (on the rights and obligations of intern a t i o n a l passengers) of the third railway package. European consultation launched in December 2004 regarding proposed legislation on technical harmonisation involving the urban rail sector The two rail associations concerned with urban rail, i.e. UNIFE on the side of vehicle and equipment suppliers and UITP as representative of operating companies (who generally also manage their own infrastructures), adjudged that it was neither wise nor justified to apply to local rail transport the technical texts devised for medium to long-distance rail transport, and that dealing with this sector on the margins or as an exception would leave it in danger ultimately of having unsuitable, costly and ineffective constraints imposed on it, especially with the tendency of exemptions to disappear from European law. On the other hand, they highlighted the fact that their sector of activity had a European, even global, dimension, which made it inevitable that European legislation would be created that would affect urban rail, and that an initiative from the sector itself (as an extension to the Mass Rapid Transit Initiative for Europe [MARIE] initiative - an industry forum launched by UITP, UNIFE and the European Commission in ) was undoubtedly the most suitable vehicle for producing the right legislation. Indeed, the urban rail sector today accounts for roughly half the turnover of the European rail industry, is a sector undergoing steady expansion, and one which is acknowledged as being of major importance in terms of the sustainable development of cities and regions. This is why the two rail associations decided in summer to create, in partnership with the European Commission s Enterprise and Industry Directorate General 4, an informal top-level working group in order to prepare a draft proposal for a directive on the approximation of the laws, regulations and administrative provisions of the Member States relating to Rail Mass Transit installations (RMT installations) and their accompanying supporting documents. Taking into account the results of these deliberations, and following internal consultations, the Commission launched a three-month-long European consultation on 20 December 2004 (open until 25 March 2005) on the advisability of having European legislation in the field of technical harmonisation of the urban rail sector. Subsequent steps will involve a consultation by the Commission of the Member States followed by an impact study by the Commission s various departments. At the same time, and until the launch of the official procedure presenting the text of a directive to the Parliament and to the Council, the rail sector will continue to suggest improvements to the text of the directive proposal. A briefing on this initiative can be found at the following URL: 1 OJ L75, 15 march 2001, p The MARIE forum was launched officially in March 1998 by the European commissioners, Neil Kinnock (Transport) and Martin Bangemann (Industry), Jean-Paul Bailly (President of UITP) and Kaare Vagner (President of UNIFE). 3 Following a decision by the UITP European Union Committee at its meeting in Madrid on 9 May The mission of the Enterprise and Industry Directorate General is to arrange measures designed to reinforce the competitiveness of European firms. Its role is that of helping to create an environment in which companies are able to flourish, for example by helping to facilitate access to markets and by promoting enterprise and innovation. It favours an industrial policy which guarantees favourable overall framework conditions while at the same time making greater allowance for the specific needs of industry sectors. 5

6 Pending text Another text has been expected since 2001 on charges for trans-european infrastructures (road, rail, etc.), which would make it possible to establish a better economic balance between the transport modes. This is why the actions undertaken in these three spheres must be prepared collectively and accompanied by UITP members if they want to benefit from the sector s development in their best interests, and if it is their intention to convey to people and impress upon them local public transport s specific hallmarks. Conclusion At the current state of rail legislation, most UITP Committees are already examining existing texts (Regional and Suburban Railways, Light Rail, Metro, Industry, Organising Authorities, plus, of course, the European Union Committee). The UITP members affected first by the new rail directives will be the operators of conventional cross-border networks and, as a result, the operators of cross-border tram-train services. European legislation will then be extended gradually to the entire rail sector. Clearly, the Commission has opted to develop the rail sector as a whole. In order to reach this goal and improve the operation of the European internal market, legislation adapted to the urban, suburban and regional rail sector is essential. Furthermore, this legislation cannot be disassociated from the research, innovation-support and technical-harmonisation actions pursued at the European level. Bodies hosting European rail dialogue : AEIF (European Agency for Railway Interoperability) ERA technical committees (ERA = European Railway Agency) European standardisation bodies (CEN, CENELEC, ETSI) ERRAC (European Rail Research Advisory Council) RMMS (Rail Market Monitoring Scheme) European intersectoral social dialogue committee for railways Various working groups and ad hoc research and standardisation consortia U I T P A N D E U R O P E A N R A I L L E G I S L AT I O N

7 European regulatory activity impacting the rail sector Documents are available on Internet at URL: General legislation (non rail specific) White Papers 1) White Paper - A strategy for revitalising the community's railways. COM(1996) 0421 final of 30 July ) White Paper - European transport policy for 2010: time to decide. COM(2001) 0370 final of 12 September 2001 Environment and safety 3) Council Directive 67/548/EEC of 27 June 1967 relating to the classification, packaging and labelling of dangerous substances 4) Council Directive 75/442/EEC of 15 July 1975 on waste, modified by Directive 91/156/EEC and Decision 94/3/EC 5) Council Directive 76/769/EEC of 27 July 1976 relating to restrictions on the marketing and use of certain dangerous substances and preparations 6) Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment 7) Council Directive 91/156/EEC of 18 March 1991 amending Directive 75/442/EEC on waste 8) Council Directive 91/689/EEC of 12 December 1991 on hazardous waste, modified by Decision 94/904/EC 9) Council Directive 93/12/EEC of 23 March 1993 relating to the sulphur content of certain liquid fuels, modified by Directive 98/70/EC 7

8 10) Commission Decision 94/3/EC of 20 December 1993 establishing a list of wastes pursuant to Article 1a of Directive 75/442/EEC on waste 11) Council Decision 94/904/EC of 22 December 1994 establishing a list of hazardous waste pursuant to Article 1 (4) of Directive 91/689/EEC on hazardous waste 12) Council Directive 96/35/EC of 3 June 1996 on the appointment and vocational qualification of safety advisers for the transport of dangerous goods by road, rail and inland waterway, modified by Directive 2000/18/EC 13) Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery, modified by Directive 2004/26/EC 14) Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Directive 93/12/EEC 15) Directive 2000/18/EC of the European Parliament and of the Council of 17 April 2000 on minimum examination requirements for safety advisers for the transport of dangerous goods by road, rail or inland waterway, and amending Directive 96/35/EC 16) Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles - Commission Statements 17) Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise 18) Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment 19) Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE) - Joint declaration of the European Parliament, the Council and the Commission relating to Article 9 20) Communication COM(2003) 301 final from the Commission of 27 May 2003 : Towards a thematic strategy on the prevention and recycling of waste 21) Directive 2004/26/EC of the European Parliament and of the Council of 21 April 2004 amending Directive 97/68/EC relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery 22) Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage Various Technical 23) Council Directive 73/23/EEC of 19 February 1973 relating to electrical equipment designed for use within certain voltage limits 24) Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations, modified by Directives 88/182/EEC and 94/10/EC, and consolidated by Directive 98/34/EC 25) Council Directive 87/404/EEC of 25 June 1987 relating to simple pressure vessels 26) Council Directive 88/182/EEC of 22 March 1988 amending Directive 83/189/EEC laying down a procedure for the provision of information in the field of technical standards and regulations,, modified by Directive 94/10/EC, and consolidated by Directive 98/34/EC 27) Council Directive 89/106/EEC of 21 December 1988 relating to construction products 28) Council Directive 89/336/EEC of 3 May 1989 relating to electromagnetic compatibility, modified by Directive 2004/108/EC 29) Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work U I T P A N D E U R O P E A N R A I L L E G I S L AT I O N

9 30) Council Directive 89/392/EEC of 14 June 1989 relating to machinery, modified by Directive 98/37/EC 31) Council Directive 89/686/EEC of 21 December 1989 relating to personal protective equipment 32) Directive 94/10/EC of the European Parliament and the Council of 23 March 1994 materially amending for the second time Directive 83/189/EEC laying down a procedure for the provision of information in the field of technical standards and regulations, consolidated by Directive 98/34/EC 33) Directive 95/16/EC of the European Parliament and of the Council of 29 June 1995 relating to lifts 34) Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (see also Regulation 45/2001/EC) 35) Directive 97/23/EC of the European Parliament and of the Council of 29 May 1997 concerning pre s s u re equipment 36) Commission Decision 98/500/EC of 20 May 1998 on the establishment of Sectoral Dialogue Committees promoting the Dialogue between the social partners at European level 37) Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations, repealing Directives 83/189/EEC, 88/182/EEC, 94/10/EC and modified by Directive 98/48/EC 38) Directive 98/37/EC of the European Parliament and of the Council of 22 June 1998 relating to machinery, and amending Directive 89/392/EEC 39) Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998 amending Directive 98/34/EC laying down a procedure for the provision of information in the field of technical standards and regulations, and enlarging the scope to the rules relevant to information society services 40) Regulation 1073/1999/EC of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) 41) Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission, modified by Regulation 1882/2003/EC 42) Directive 2000/9/EC of the European Parliament and of the Council of 20 March 2000 relating to cableway installations designed to carry persons 43) Directive 2000/34/EC of the European Parliament and of the Council of 22 June 2000 amending Council Directive 93/104/EC concerning certain aspects of the organisation of working time to cover sectors and activities excluded from that Directive (carriage of passengers on regular urban transport services remains a sector excluded), consolidated by Directive 2003/88/EC 44) Regulation 45/2001/EC of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (see also Directive 95/46/EC) 45) Council Directive 2001/23/EC of 12 March 2001 relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses 46) Regulation 1882/2003/EC of the European Parliament and of the Council of 29 September 2003 adapting to Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in instruments subject to the pro c e d u re re f e rred to in Article 251 of the EC Tre a t y 47) Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time repealing Directive 2000/34/CE (carriage of passengers on regular urban transport services remains a sector excluded)(see also proposal COM(2005) 32 final for cross-border rail services) 9

10 48) Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity 49) Directive 2004/108/EC of the European Parliament and of the Council of 15 December 2004 relating to electromagnetic compatibility and repealing Directive 89/336/EEC Public labour markets and service suppliers 50) Council Regulation 1017/68/EEC of 19 July 1968 applying rules of competition to the transport by rail, road and inland waterway 51) Council Regulation 1191/69/EEC of 26 June 1969 on action by Member States concerning the obligations inherent in the concept of a public service in transport by rail, road and inland waterway, modified by 1893/91/EEC 52) Regulation 1192/69/EEC of the Council of 26 June 1969 on common rules for the normalisation of the accounts of railway undertakings 53) Council Regulation 1107/70/EEC of 4 June 1970 on the granting of aids for transport by rail, road and inland waterway, modified by 1473/75/EEC, 1658/82/EEC, 1100/89/EEC, 3578/92/EEC, 2255/96/EEC and 543/97/EEC 54) Commission Directive 80/723/EEC of 25 June 1980 on the transparency of financial relations between Member States and public undertakings 55) Council Regulation 1893/91/EEC of 20 June 1991 amending Regulation 1191/69/EEC on action by Member States concerning the obligations inherent in the concept of a public service in transport by rail, road and inland waterway 56) Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors 57) Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts, modified by Directive 97/52/EC and Directive 2001/78/EC and consolidated by Directive 2004/18/EC (except Article 41) 58) Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts, modified by Directive 97/52/EC and Directive 2001/78/EC and consolidated by Directive 2004/18/EC 59) Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts, modified by Directive 97/52/EC and Directive 2001/78/EC and consolidated by Directive 2004/18/EC 60) Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors, modified by Directive 98/4/EC and Directive 2001/78/EC and consolidated by Directive 2004/17/EC 61) Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations ( ) 62) Directive 97/52/EC of the European Parliament and of the Council of 13 October 1997 amending Directives 92/50/EEC, 93/36/EEC and 93/37/EEC concerning the coordination of procedures for the award of public service contracts, public supply contracts and public works contracts respectively 63) Directive 98/4/EC of the European Parliament and of the Council of 16 February 1998 amending Directive 93/38/EEC coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors 64) Commission Directive 2001/78/EC of 13 September 2001 amending Annex IV to Directive 93/36/EEC, Annexes IV, V and VI to Directive 93/37/EEC, Annexes III and IV to Directive 92/50/EEC, as amended by Directive 97/52/EC, and Annexes XII to XV, XVII and XVIII to Directive 93/38/EEC, as amended by Directive 98/4/EC (Directive on the use of standard forms in the publication of public contract notices) U I T P A N D E U R O P E A N R A I L L E G I S L AT I O N

11 65) Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors, and repealing Directive 93/38/EC 66) Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, repealing Directives 92/50/EEC (except Article 41), 93/36/EEC and 93/37/EEC 67) Amended proposal COM(2002) 0107 final of 21 February 2002 for a Regulation of the European Parliament and of the Council on action by Member States concerning public service requirements and the award of public service contracts in passenger transport by rail, road and inland waterway (presented by the Commission pursuant to Article 250(2) of the EC Treaty) Rail specific legislation Legislation on market opening and interoperability in the railway sector 68) Council Directive 91/440/EEC of 29 July 1991 on the development of the Community's railways, modified by Directive 2001/12/EC and Directive 2004/51/EC 69) Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings, modified by Directive 2001/13/EC and Directive 2004/49/EC 70) Council Directive 95/19/EC of 19 June 1995 on the allocation of railway infrastructure capacity and the charging of infrastructure fees, modified by Directive 2001/13/EC 71) Council Directive 96/48/EC of 23 July 1996 on the interoperability of the trans-european high-speed rail system, modified by Directive 2004/50/EC 72) Council Directive 96/49/EC of 23 July 1996 with regard to the transport of dangerous goods by rail, modified by Directive 2003/29/EC 73) Decision 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-european transport network, modified by Decision 884/2004/EC The first railway package and related legislation 74) Directive 2001/12/EC of the European Parliament and of the Council of 26 February 2001 amending Directive 91/440/EEC on the development of the Community's railways 75) Directive 2001/13/EC of the European Parliament and of the Council of 26 February 2001 amending Directive 95/18/EC on the licensing of railway undertakings 76) Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification, modified by Decision 2002/844/EC and Directive 2004/49/EC 77) Directive 2001/16/EC of the European Parliament and of the Council of 19 March 2001 on the interoperability of the trans-european conventional rail system, modified by Directive 2004/50/EC 78) Commission Decision 2002/844/EC of 23 October 2002 amending Directive 2001/14/EC in respect of the date for changing the working timetable for rail transport 79) Commission Directive 2003/29/EC of 7 April 2003 adapting for the fourth time to technical progress Directive 96/49/EC with regard to the transport of dangerous goods by rail 11

12 The second railway package and related legislation 80) Regulation 881/2004/EC of the European Parliament and of the Council of 29 April 2004 establishing a European Railway Agency 81) Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community's railways and amending Directive 95/18/EC and Directive 2001/14/EC 82) Directive 2004/50/EC of the European Parliament and of the Council of 29 April 2004 amending Directive 96/48/EC and Directive 2001/16/EC on the interoperability of the trans-european rail system 83) Directive 2004/51/EC of the European Parliament and of the Council of 29 April 2004 amending Directive 91/440/EEC on the development of the Community's railways 84) Decision 884/2004/EC of the European Parliament and of the Council of 29 April 2004 amending Decision 1692/96/EC on Community guidelines for the development of the trans-european transport network The third railway package 85) Proposal COM(2004) 139 final of 3 March ) Proposal COM(2004) 140 final of 3 March ) Proposal COM(2004) 141 final of 3 March ) Proposal COM(2004) 142 final of 3 March ) Proposal COM(2004) 143 final of 3 March 2004 Other railway legislation 90) Council Directive 80/1177/EEC of 4 December 1980 on statistical returns in respect of carriage of goods by rail, as part of regional statistics 91) Regulation 91/2003/EC of the European Parliament and of the Council of 16 December 2002 on rail transport statistics, modified by Regulation 1192/2003/EC 92) Regulation 1192/2003/EC of the European Parliament and of the Council of 3 July 2003 amending Regulation 91/2003/EC on rail transport statistics 93) Proposal COM(2003) 696 final of 5 March 2003 for a Council decision on the conclusion by the European Community of the Agreement on the Accession of the European Community to the Convention concerning International Carriage by Rail (COTIF) of 9 May 1980, as amended by the Vilnius Protocol of 3 June ) Proposal COM(2005) 32 final of 8 February 2005 for a Council Directive on the agreement between the Community of European Railways (CER) and the European Transport Workers Federation (ETF) on certain aspects of the working conditions of mobile workers assigned to interoperable cross-border services U I T P A N D E U R O P E A N R A I L L E G I S L AT I O N