Implementing regulation 2015/171 - Aspects of the procedure of licensing railway undertakings - Main contents
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official title
Commission Implementing Regulation (EU) 2015/171 of 4 February 2015 on certain aspects of the procedure of licensing railway undertakings Text with EEA relevance| Legal instrument | Implementing regulation |
|---|---|
| Number legal act | Implementing regulation 2015/171 |
| CELEX number i | 32015R0171 |
| Document | 04-02-2015 |
|---|---|
| Publication in Official Journal | 05-02-2015; OJ L 29 p. 3-10 |
| Effect | 25-02-2015; Entry into force Date pub. +20 See Art 8 16-06-2015; Application See Art 8 |
| End of validity | 31-12-9999 |
5.2.2015 |
EN |
Official Journal of the European Union |
L 29/3 |
COMMISSION IMPLEMENTING REGULATION (EU) 2015/171
of 4 February 2015
on certain aspects of the procedure of licensing railway undertakings
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (1) and in particular Article 17(5) thereof,
Whereas:
(1) |
Commission Recommendation of 7 April 2004 on the use of a common European format for licence documents issued in accordance with Council Directive 95/18/EC on the licensing of railway undertakings (2) recommended the use of the standard format for the licence documents issued by national licensing authorities. |
(2) |
Pursuant to Article 23 of Directive 2012/34/EU licences delivered by national licensing authorities are valid throughout the territory of the Union. The national licensing authorities should inform the European Railway Agency of licences that have been issued, suspended, revoked or amended and the latter should inform the other Member States accordingly. A common template for the licence would facilitate the work of the national licensing authorities and of the European Railway Agency and provide easier access to information on licences by all interested parties, in particular the licensing authorities of other Member States and the infrastructure managers. |
(3) |
All necessary information that confirms that a given railway undertaking has been regularly licensed for a certain type of rail transport services can be contained within a standardised document. The standard template for the licence document would facilitate publication of all relevant information on licences on the website of the European Railway Agency. The standard format could be modified in the future depending on experience of its use and the development of the needs for further information on licences. |
(4) |
The conditions under which the requirements referred to in Article 22 of Directive 2012/34/EU relating to cover for civil liability may be fulfilled may vary between Member States depending on national law. Evidence that the railway undertaking meets these national requirements should be provided for by an annex to the licence document. The standard template for this annex should be used for this purpose. In case the railway undertaking wishes to exercise its activities in two or more Member States, the cover for civil liability for each of these Member States should be mentioned in an additional annex, which should be supplied by the licensing authority in the additional Member State the railway undertaking wishes to operate in. |
(5) |
Licensing authorities may reduce their administrative costs, the level of licensing fees and the time to make a decision on an application for a licence if they swiftly exchange the necessary data with other authorities and other public or private entities. |
(6) |
Due to little movement in the market, no licensing decisions are taken in some Member States for one or more consecutive years. At the same time, high fees may pose an obstacle to market entry of railway undertakings. |
(7) |
Railway undertakings which apply for a new licence should not face less favourable licensing conditions than the railway undertakings already operating in the market. |
(8) |
Unnecessary administrative burden imposed on licensing authorities and undertakings should be reduced by strictly limiting the requirements to the conditions set out in Directive 2012/34/EU. |
(9) |
The licensing authorities have no obligation to request a licensing fee from a railway undertaking. However... |
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