Regulation 2004/881 - European Railway Agency (Agency Regulation) - Main contents
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official title
REGULATION (EC) No 881/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 establishing a European Railway Agency (Agency Regulation)| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2004/881 |
| Original proposal | COM(2002)23  |
| CELEX number i | 32004R0881 |
| Document | 29-04-2004 |
|---|---|
| Publication in Official Journal | 30-04-2004; OJ L 164, 30.4.2004,Special edition in Maltese: Chapter 07 Volume 008,Special edition in Polish: Chapter 07 Volume 008,Special edition in Hungarian: Chapter 07 Volume 008,Special edition in Slovenian: Chapter 07 Volume 008,Special edition in Estonian: Chapter 07 Volume 008,Special edition in Latvian: Chapter 07 Volume 008,Special edition in Slovak: Chapter 07 Volume 008,Special edition in Lithuanian: Chapter 07 Volume 008,Special edition in Bulgarian: Chapter 07 Volume 014,Special edition in Czech: Chapter 07 Volume 008,Special edition in Croatian: Chapter 07 Volume 008,Special edition in Romanian: Chapter 07 Volume 014 |
| Effect | 01-05-2004; Entry into force Date pub. + 1 See Art 44 |
| End of validity | 14-06-2016; Repealed by 32016R0796 |
30.4.2004 |
EN |
Official Journal of the European Communities |
L 164/1 |
REGULATION (EC) No 881/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 29 April 2004
establishing a European Railway Agency
(Agency Regulation)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 71(1) thereof,
Having regard to the proposal from the Commission (1),
Having regard to the Opinion of the European 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 by the Conciliation Committee on 23 March 2004,
Whereas:
(1) |
The progressive establishment of a European railway area without frontiers requires Community action in the field of the technical regulations applicable to railways with regard to both the technical aspects and the safety aspects, the two being inextricably linked. |
(2) |
Council Directive 91/440/EEC of 29 July 1991 on the development of the Community's railways (5) provides for progressively opening up rights of access to the infrastructure to any licensed Community railway undertakings which wish to operate goods services. |
(3) |
Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings (6) provides that all railway undertakings must hold a licence and that a licence issued in a Member State shall be valid throughout the Community. |
(4) |
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 (7) establishes a new framework with the aim of creating a European railway area without frontiers. |
(5) |
The technical and operational differences between the railway systems of the Member States have compartmentalised the national rail markets and prevented dynamic development of this sector on a European scale. Council Directive 96/48/EC of 23 July 1996 on the interoperability of the Trans-European high-speed rail system (8) and 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 (9) define essential requirements and establish a mechanism for defining mandatory technical specifications for interoperability. |
(6) |
Simultaneous pursuit of the goals of safety and interoperability requires substantial technical work which must be led by a specialised body. That is why it is necessary to create, within the existing institutional framework and with respect for the balance of power in the Community, a European Agency responsible for railway safety and interoperability (hereinafter referred to as "the Agency"). The creation of such an Agency will provide a means of considering the safety and interoperability goals for the European rail network jointly and with a high level of expertise and in this way contributing to revitalising the railways and to the general objectives of the common transport policy. |
(7) |
In order to promote the establishment of a European railway area without borders and to help revitalise the railway sector while reinforcing its essential advantages in terms of safety, the Agency should contribute to the development of a genuine European railway culture and form an essential tool of dialogue, consultation and exchange between all the actors in the railway sector, having due regard for their individual competences. |
(8) |
Directive 2004/ /EC of the European Parliament and of the Council of on safety on the Community's railways (Railway... |
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