Implementing regulation 2017/2177 - Access to service facilities and rail-related services - Main contents
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official title
Commission Implementing Regulation (EU) 2017/2177 of 22 November 2017 on access to service facilities and rail-related services (Text with EEA relevance. )| Legal instrument | Implementing regulation |
|---|---|
| Number legal act | Implementing regulation 2017/2177 |
| CELEX number i | 32017R2177 |
| Document | 22-11-2017; Date of adoption |
|---|---|
| Publication in Official Journal | 23-11-2017; OJ L 307 p. 1-13 |
| Effect | 13-12-2017; Entry into force Date pub. +20 See Art 17 01-01-2019; Application Partial application See Art 17 01-06-2019; Application See Art 17 |
| Deadline | 01-06-2024; Review See Art 16 |
| End of validity | 31-12-9999 |
23.11.2017 |
EN |
Official Journal of the European Union |
L 307/1 |
COMMISSION IMPLEMENTING REGULATION (EU) 2017/2177
of 22 November 2017
on access to service facilities and rail-related services
(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 establishing a single European railway area (1), and in particular Article 13(9) thereof,
Whereas:
(1) |
The basic rules of Directive 2012/34/EU concerning access to service facilities and use of services supplied in those facilities, such as provisions on access rights, core procedural rules on handling of requests and requirements on publication of information apply to all service facilities. Directive 2012/34/EU also lays down different rules for different types of services provided in service facilities. These distinctions should also be reflected within this Regulation. Taking into account the purpose and scope of Directive 2012/34/EU, the provisions on access to services provided in service facilities should cover only services that are related to the provision of railway transport services. |
(2) |
In order to avoid disproportionate burdens for operators of service facilities with minor importance, it seems appropriate to provide a possibility for regulatory bodies to exempt service facility operators from all or some of the provisions of this Regulation with the exception of certain provisions concerning the obligation to publish a service facility description, when the regulatory body considers that the facility is without strategic importance for the functioning of the market. Where the relevant service facilities market is characterised by a variety of operators providing comparable services in competition or a regulatory body considers that specific provisions of this Regulation could negatively impact the functioning of the service facilities market, the regulatory body should also be entitled to grant such exemptions. This could for example be the case if a railway undertaking is providing services to another railway undertaking in order to assist that undertaking in remote locations as part of a cooperation which is necessary due to the economic cost it would otherwise incur. Regulatory bodies should assess requests for exemptions individually, on a case by case basis. If following a complaint regarding access to the service facility or rail related service concerned, the regulatory body considers that circumstances have changed in a way so that an exemption previously granted has a negative impact on the railway transport services market, the regulatory body should review and might revoke an exemption. Regulatory bodies should ensure consistent application of exemptions in all Member States; they should develop common principles for the application of the provisions regarding exemptions by the date of application of Article 2. In accordance with Article 57(8) of Directive 2012/34/EU, if needed, the Commission might adopt measures setting out such principles. Operators of service facilities that have been exempted from the application of provisions of this Regulation remain subject to all other rules on access to service facilities and use of rail related services laid down in Directive 2012/34/EU. |
(3) |
Regulation (EU) 2017/352 of the European Parliament and of the Council (2) establishes a framework for the provision of port services and common rules on the financial transparency of ports. This Regulation which lays down the details of the procedure and criteria to be followed by operators of service facilities and applicants should also apply to maritime and inland port facilities which are linked to rail activities. Directive (EU) 2016/798 of the European Parliament and of the Council (3) defines obligations of... |
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