Annexes to COM(2007)78 - Opinion of the Commission pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Directive of the European Parliament and of the Council amending Council Directive 91/440/EEC on the development of the EC's railways and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty

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dossier COM(2007)78 - Opinion of the Commission pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty, on the European ...
document COM(2007)78 EN
date February 22, 2007
agreements : this amendment introduces a recital on the proposed provision in the Directive to extend the standard duration of framework agreements in the case of specialised infrastructure and substantial long term investment to 15 years.

Amendments on reporting requirements (13, 24, 25) : these amendments modify the reporting requirements of the Commission. Amendment 24 suggests adding assessing the impact of the directive in small countries of the EU. The other two amendments suggest focussing the 2012 report on the state of preparation for the opening of the market for national passenger services and require another report in 2018 on the application of the compromising economic viability test of public services through cabotage as well as of the reciprocity clause. The Commission can agree on assessing in 2012 the state of preparation for the opening of the market for national passenger services. However, it considers that the two assessment items proposed for the report in 2018 should be advanced to the 2012 report. The two amendments require redrafting as the reference to domestic rail passenger market opening is not relevant anymore due to the fact that it has not been voted by the Plenary.

Amendments on comitology procedure (14, 26, 27, 31, 32) : These amendments align the comitology provisions of Directive 91/440/EEC as amended by this Directive to Council Decision 2006/512/EC of 17 July 2006.

Other amendments (16, 19, 30) : introduce drafting clarifications to the Commission proposal.

The Commission, however, cannot agree to amendment 3 which deletes recital 8. The Commission considers the enumeration in recital 8 of criteria and procedural aspects for the assessment of whether the principal purpose of a cabotage service is international transport as important for the transparency of the procedure.

The Commission cannot agree to amendment 2 as it does not make sense to grant new Member States the right to postpone opening of national rail passenger markets by 5 years if this Directive does not open domestic rail passenger markets at all.

5. Conclusion

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out above.