Directive 2004/51/EC of the European Parliament and of the Council (repealed)Show full title

Article 1

Directive 91/440/EEC is hereby amended as follows:

1)

in Article 7, paragraph 2 shall be deleted at the date of entry into force of the Directive 2004/.../EC of the European Parliament and of the Council ofon safety on the Community's railways;

2)

Article 10 shall be amended as follows:

(a)

paragraph 3 shall be replaced by the following:

‘3. Railway undertakings within the scope of Article 2 shall be granted, on equitable conditions, access to the Trans-European Rail Freight Network defined in Article 10a and in Annex I and, at the latest by 1 January 2006, to the entire rail network, for the purpose of operating international freight services.

In addition, at the latest by 1 January 2007, railway undertakings within the scope of Article 2 shall be granted, on equitable conditions, access to the infrastructure in all Member States for the purpose of operating all types of rail freight services.’;

(b)

paragraph 5 shall be replaced by the following:

‘5. Any railway undertaking engaged in rail transport services shall conclude the necessary agreements on the basis of public or private law with the infrastructure managers of the railway infrastructure used. The conditions governing such agreements shall be non-discriminatory and transparent, in conformity with the provisions of 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.(1);’

(c)

paragraph 6 shall be replaced by the following:

‘6. Track access to, and supply of services in, the terminals and ports linked to rail activities referred to in paragraphs 1,2 and 3, serving or potentially serving more than one final customer, shall be provided to all railway undertakings in a non-discriminatory and transparent manner and requests by railway undertakings may be subject to restrictions only if viable alternatives by rail under market conditions exist.’;

(d)

paragraph 8 shall be replaced by the following:

‘8. By 1 January 2006, the Commission shall submit to the European Parliament, the European Economic and Social Committee, the Committee of the Regions and the Council a report on the implementation of this Directive.

This report shall address:

• implementation of this Directive in the Member States and the effective working of the various bodies involved,

• market development, in particular international traffic trends, activities and market share of all market actors, including new entrants,

• impact on the overall transport sector, in particular as regards modal shift,

• impact on the level of safety in each Member State,

• working conditions in the sector, for each Member State.

If necessary, it shall be accompanied by suitable proposals or recommendations on continuing Community action to develop the railway market and the legal framework governing it’;

3)

in Article 10b(4), point (c) shall be replaced by the following:

‘(c)

the state of the European railway network’;

4)

Article 14 shall be deleted.

Article 2

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2005 at the latest. They shall forthwith inform the Commission thereof.

When Member States adopt these measures they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.

Article 3

This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 29 April 2004.

For the European Parliament

The President

P. Cox

For the Council

The President

M. McDowell