CHAPTER IIDEVELOPMENT OF THE UNION RAILWAYS

SECTION 6 Monitoring tasks of the Commission

Article 15Scope of market monitoring

1.

The Commission shall make the necessary arrangements to monitor technical and economic conditions and market developments in Union rail transport.

2.

In this context, the Commission shall closely involve representatives of the Member States, including representatives of the regulatory bodies referred to in Article 55, and representatives of the sectors concerned in its work, including, where appropriate, the railway sector's social partners, users and representatives of local and regional authorities, so that they are better able to monitor the development of the railway sector and the evolution of the market, to assess the effect of the measures adopted and to analyse the impact of the measures planned by the Commission. Where appropriate, the Commission shall also involve the European Railway Agency, in accordance with its functions as provided for in Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European Railway Agency (Agency Regulation)16.

3.

The Commission shall monitor the use of the networks and the evolution of framework conditions in the rail sector, in particular infrastructure charging, capacity allocation, investments made in railway infrastructure, developments as regards prices and the quality of rail transport services, rail transport services covered by public service contracts, licensing and the degree of market opening and harmonisation between Member States, development of employment and the related social conditions in the rail sector. These monitoring activities are without prejudice to similar activities in Member States and to the role of social partners.

4.

The Commission shall report every two years to the European Parliament and the Council on:

(a)

the evolution of the internal market in rail services and services to be supplied to railway undertakings, as referred to in Annex II;

(b)

the framework conditions referred to in paragraph 3, including for public passenger transport services by rail;

(c)

the state of the Union railway network;

(d)

the utilisation of access rights;

(e)

barriers to more effective rail services;

(f)

infrastructure limitations;

(g)

the need for legislation.

5.

For the purposes of market monitoring by the Commission, Member States shall, while respecting the role of the social partners, supply to the Commission on an annual basis the necessary information on the use of the networks and the evolution of framework conditions in the rail sector.

6.

The Commission may adopt measures to ensure consistency in the reporting obligations of Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 62(3).