C 57/42 EN 29.2.2000Official Journal of the European Communitiesseparating accounts. Some Member States (France, the UK, 3.
Sweden, Denmark, Finland, Portugal and the Netherlands)have set up two different bodies, one responsiblefor infrastruc-ture and the other for transport, while others have one‘integrated’ body. Under this arrangement, the same legalperson is responsible for infrastructure and transport, and3.1.
Amendment of Directive 91/440/EEC on the development of
accounts are separated either by assigning the two functions
the Community’s railways
to two different departments (as in Austria, Germany, Italy,Spain and Belgium) or simply by publishing separate accounts(as in Luxembourg, Greece and Ireland). It should be notedthat when separate accounts are drawn up by a single3.1.1. The basic idea behind the proposed amendment isbody only the profit and loss accounts are separated; thethe full and obligatory separation of the body managing theCommission, however, proposes requiring separate balanceinfrastructure from any railway undertaking. The provision of sheets to be drawn up as well. The Commission also proposestransport services thus becomes a purely commercial activity that separate accounts be kept for passenger transport (whereand follows market rules, except in the case of transportthe Member States can impose public service obligations) andservices that have a public service function. Member States andfreight transport (which has a more commercial character).regions always play a central role: laying down norms andmonitoring observance of the rules. They manage the infra-structure and hence control its development, the necessary investment, future planning, the observance of safety require-ments and the smooth operation of the rail market generally.3.1.2. It is also proposed to separate passenger transportfrom freight transport, at least for accounting purposes. Thisseparation is important, as it enables different criteria to be2.3. Railways are therefore beginning to take a commercialapplied to each case, i.e. freight transport will have a clearerapproach, something which was previously lacking in theirand stronger commercial slant, while passenger transport willmethod of operation. Another important step in this directionin some areas be strongly competitive and in others fulfil ais ensuring free access to the infrastructure. The basic termspublic service function. This separation would give the finan-for such access are specified in Directive 95/18/EC, which layscial aspect of the different types of transport the necessary down the conditions for railway undertakings’ access totransparency.the market. Lastly, Directive 95/19/EC lays down the basicprinciples which are to apply uniformly to all undertakings inthe sector, not only in relation to pricing, but also in relationto the allocation of capacity, which is often limited or else3.1.3. The development of national railway infrastructuressaturated. The COR asks the Council and the Europeanand the corresponding national markets is thus governed notParliament to assess the impact of implementing the Directivesonly by economic cost/benefit factors but also by moreon sustainable development in Europe’s regions, especially duegeneral considerations to do with national and social interests,to the payment of infrastructure user charges, deterioration of economic cohesion and regional development. These factorsregional public services, domination of trans-European freight,should be taken into account in applying any measures.which will take priority over all other users, possible closureof rail links to certain less-developed regions, and concentra-tion of economic activities in what are now the wealthiestregions.3.1.4. Some Community countries with special geographi-cal or geopolitical features should be treated differently whenit comes to the development of their rail transport markets.Each region of the Community should be examined in thelight of its particular circumstances, without this jeopardisingor having a negative effect on Community plans to reform therail transport market.2.4. The European Commission’s philosophy is that, inorder to reorganise the railways and increase their share of the3.2.
Proposal amending Directive 95/18/EC on the licensing of
passenger and freight market, the aim should in practice be
one of close cooperation with all railways, especially in theinternational freight sector, the international passenger sectorand the national freight sector. The European Commission’sproposals for new Directives (amending 91/440/EEC, amen- 3.2.1. Under the proposed Directive, railway undertakingsproviding the services referred to in Article 10 of the existingding 95/18/EC and replacing 95/19/EC) are moves in thisdirection. Directive 91/440/EEC are obliged to obtain a licence from the