Directive 2001/14 - Allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification - Main contents

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Legal instrument	Directive
Number legal act	Directive 2001/14
Original proposal	COM(1998)480
CELEX number i	32001L0014

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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

Official Journal L 075 , 15/03/2001 P. 0029 - 0046

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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71 thereof,

Having regard to the proposal from the Commission(1),

Having regard to the opinion of the Economic and Social Committee(2),

Having regard to the opinion of the Committee of the Regions(3),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(4) in the light of the joint text approved on 22 November 2000 by the Conciliation Committee,

Whereas:

• (1) 

  Greater integration of the Community railway sector is an essential element of the completion of the internal market and moving towards achieving sustainable mobility.

• (2) 

  Council Directive 91/440/EEC of 29 July 1991 on the development of the Community's railways(5) provides for certain access rights in international rail transport for railway undertakings, and international groupings of railway undertakings; these rights mean that railway infrastructure can be used by multiple users.

• (3) 

  Council Directive 95/19/EC of 19 June 1995 on the allocation of railway infrastructure capacity and the charging of infrastructure fees(6) set out a broad framework for the allocation of railway infrastructure capacity.

• (4) 

  Those Directives have not prevented a considerable variation in the structure and level of railway infrastructure charges and the form and duration of capacity allocation processes.

• (5) 

  To ensure transparency and non-discriminatory access to rail infrastructure for all railway undertakings all the necessary information required to use access rights are to be published in a network statement.

• (6) 

  Appropriate capacity-allocation schemes for rail infrastructure coupled with competitive operators will result in a better balance of transport between modes.

• (7) 

  Encouraging optimal use of the railway infrastructure will lead to a reduction in the cost of transport to society.

• (8) 

  An efficient freight sector, especially across borders, requires action for the opening up of the market.

• (9) 

  It should be possible for Member States to allow purchasers of railway services to enter directly the capacity-allocation process.

• (10) 

  The revitalisation of European railways by means of extended access for international freight on the Trans-European Rail Freight Network requires fair intermodal competition between rail and road, particularly by taking appropriate account of the different external effects; appropriate charging schemes for rail infrastructure coupled with appropriate charging schemes for other transport infrastructures and competitive operators will result in an optimal balance of different transport modes.

• (11) 

  The charging and capacity allocation schemes should permit equal and non-discriminatory access for all undertakings and attempt as far as possible to meet the needs of all users and traffic types in a fair and non-discriminatory manner.

• (12) 

  Within the framework set out by Member States charging and capacity-allocation schemes should encourage railway infrastructure managers to optimise use of their infrastructure.

• (13) 

  Railway undertakings should receive clear and consistent signals from capacity allocation schemes which lead them to...

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