Directive 2016/2370 - Amendment of Directive 2012/34/EU as regards the opening of the market for domestic passenger transport services by rail and the governance of the railway infrastructure - Main contents
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Directive (EU) 2016/2370 of the European Parliament and of the Council of 14 December 2016 amending Directive 2012/34/EU as regards the opening of the market for domestic passenger transport services by rail and the governance of the railway infrastructure (Text with EEA relevance )| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2016/2370 |
| Original proposal | COM(2013)29  |
| CELEX number i | 32016L2370 |
| Document | 14-12-2016; Date of signature |
|---|---|
| Publication in Official Journal | 23-12-2016; OJ L 352 p. 1-17 |
| Signature | 14-12-2016 |
| Effect | 24-12-2016; Entry into force Date pub. +1 See Art 3.1 01-01-2019; Application Partial application See Art 3.2 |
| End of validity | 31-12-9999 |
| Transposition | 25-12-2018; Adoption See Art 2.1 |
23.12.2016 |
EN |
Official Journal of the European Union |
L 352/1 |
DIRECTIVE (EU) 2016/2370 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 14 December 2016
amending Directive 2012/34/EU as regards the opening of the market for domestic passenger transport services by rail and the governance of the railway infrastructure
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Having regard to the opinion of the Committee of the Regions (2),
Acting in accordance with the ordinary legislative procedure (3),
Whereas:
(1) |
Directive 2012/34/EU of the European Parliament and of the Council (4) establishes a single European railway area with common rules on the governance of railway undertakings and infrastructure managers, on infrastructure financing and charging, on conditions of access to railway infrastructure and services and on regulatory oversight of the rail market. The completion of the single European railway area should be achieved by extending the principle of open access to domestic rail markets and reforming the governance of infrastructure managers with the objective of ensuring equal access to the infrastructure. |
(2) |
The growth of passenger traffic by rail has not kept pace with the evolution of other modes of transport. The completion of the single European railway area should contribute to the further development of rail transport as a credible alternative to other modes of transport. In this context, it is vital that the legislation establishing the single European railway area is effectively applied within the prescribed time limits. |
(3) |
The Union markets for rail freight services and international passenger transport services by rail have been opened to competition since 2007 and 2010 respectively, in accordance with Directive 2004/51/EC of the European Parliament and of the Council (5) and Directive 2007/58/EC of the European Parliament and of the Council (6). Furthermore, some Member States have also opened their domestic passenger services to competition, by introducing open access rights, tendering for public service contracts, or both. Such opening of the market should have a positive impact on the functioning of the single European railway area, leading to better services for users. |
(4) |
Specific exemptions from the scope of Directive 2012/34/EU should allow Member States to take into account specific characteristics of the structure and organisation of rail systems on their territory, while ensuring the integrity of the single European railway area. |
(5) |
The operation of railway infrastructure on a network includes control-command and signalling. So long as a line is in operation, the infrastructure manager should ensure in particular that the infrastructure is suitable for its designated use. |
(6) |
In order to establish whether an undertaking should be considered to be vertically integrated, the notion of control within the meaning of Council Regulation (EC) No 139/2004 (7) should be applied. Where an infrastructure manager and a railway undertaking are fully independent of one another, but both are controlled directly by the State without an intermediary entity, they should be considered to be separate. A government ministry exercising control over both a railway undertaking and an infrastructure manager should not be considered to be an intermediary entity. |
(7) |
This Directive introduces further requirements to ensure the independence of the... |
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