Information dossier

UITP and European Rail Legislation

impacting local rail networks
(Urban, suburban and regional)

March 2008
 The brochure can be downloaded in English, French and German at:

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The electronic versions provide hyperlinks to extensive additional information.

International Association of Public Transport (UITP)

EuroTeam

rue Sainte-Marie, 6
BE-1080 Brussels
Belgium

Tel: + 32 2 663 66 30
Fax: + 32 2 663 66 23
euroteam@uitp.org
www.uitp.org

Photos on the cover:

DSB, Copenhagen
RATP, Paris
Tranvia, Tenerife

© International Association of Public Transport, 2008

Dépôt légal: D/2008/0105/6

 UITP and European Rail Legislation
impacting local rail networks
(Urban, suburban and regional)

Yves Amsler, UITP EuroTeam Expert

Advisor to the UITP Secretary General on
Projects and Development

March 2008 1
Contents

1. Introduction [4]

2. Legislation concerning interoperability and railway market liberalisation [6]

2.1 The first railway Directives [6]

2.2 The first railway package [6]
2.3 The second railway package [7]
2.4 The third railway package [8]

2.4.1 Directive 2007/58/EC on the development of the Community’s railways [8]

2.4.2 Directive 2007/59/EC on the certification of train crews [8]
2.4.3 Regulation 1371/2007/EC on the rights and obligations of passengers [9]

3. Other existing European rail legislation [11]

4. UITP recommendations regarding the transposition of railway packages into [12]

national legislation

5. European railway legislation under negotiation [13]

6. Other initiatives taken at European level in favour of a “technical harmonisation [14]

involving the urban rail sector”

7. Conclusion [16]

2 U I T P A N D E U R O P E A N R A I L L E G I S L AT I O N
 Contents

Annex I [17]

Rail associations and European bodies involved in local rail activity [17]

General Introduction [17]

Presentation of the associations and European bodies connected with UITP’s rail activity [18]
UITP (www.uitp.org) [18]
CER (www.cer.be) [18]
UIC (www.uic.asso.fr) [18]
UNIFE (www.unife.org) [18]
ETF (http://www.itfglobal.org/etf/) [19]
ALE (http://www.gdl.de/redaktionssystem/downloads/ale_portraet_2007.pdf) [19]
EIM (www.eimrail.org) [19]
ERA (www.era.europa.eu) [19]
OTIF (www.otif.org) [20]
CEN (www.cenorm.be) [20]
CENELEC (www.cenelec.org) [20]
European Social Dialogue [21]
(http://ec.europa.eu/employment_social/publications/2003/ke4702397_en.pdf)
ERRAC (www.errac.org) [21]
RMMS (http://ec.europa.eu/transport/rail/index_en.html) [21]

Annex II [22]

European regulatory activity impacting the local rail sector (urban, suburban and regional) [22]

General legislation (non rail-specific) [22]

White Papers [22]
Green Papers [22]
Trans-European networks [23]
Environment and safety [23]
Various Technical [24]
Provisions, rules and procedures related to procurement and contracts in the transport sector [25]

Rail-specific legislation [26]

Legislation on market opening and interoperability in the railway sector [26]
The first railway package and related legislation [27]
The second railway package and related legislation [27]
The third railway package [28]
Other railway legislation [28]
The “third twice” railway package [28]

March 2008 3

N.B.: the European bodies mentioned in
this document are presented in Annex 1,
and the references for legislative texts
directly or indirectly related to the urban,
suburban and regional rail sectors are
provided in Annex 2.
4 U I T P A N D E U R O P E A N R A I L L E G I S L AT I O N
1. Introduction
UITP represents local collective passenger
transport, whatever the mode (by rail, by road or
waterborne). The stakeholders of this sector have
been mostly focusing in the last seven years on a
proposed European regulation on public passenger
transport by rail and by road (so-called PSR regulation,
PSR for Public Service Requirements) which redefines
the conditions for awarding public service contracts.
This Regulation 1370/2007/EC was published on 3
December 2007 and shall enter into force on 3 December
2009. However, apart from this PSR regulation, local
rail public passenger transport is also impacted by
European rail-specific legislation initially developed so
as to promote the development of the trans-European
rail networks. The following document presents the
current state (February 2008) of this rail legislation
in its relationship with local rail (urban, suburban and
regional). Only the rail legislation impacting the local
rail sector is mentioned. The document also provides
the legal references of other European legislation
impacting the local rail sector.
The European Union’s treaties view the common transport
policy as one of the fundamental components of Europe’s
single market. The European Commission has often
highlighted rail’s competitive advantages compared to
other transport modes by land or air, particularly in terms
of its energy consumption, environmental impact and
safety record. In the Commission’s view, rail revitalisation
and fairer infrastructure charges should trigger a major
traffic shift away from our roads and onto the railways.
However, the rail sector is suffering on account of the huge
variety and complexity of the technical specifications and
operating methods of its various national rail networks.
These are restricting rail’s appeal and driving up the
cost of building and operating infrastructures, vehicles
and equipment. The Commission is trying therefore to
introduce European legislation gradually that promotes the
emergence of a single railway market throughout the Union
and contributes to its development by favouring three
concepts: market liberalisation, physical interoperability
and technical harmonisation, notably in the fields of rail
safety and of rights and obligations of rail passengers.
Numerous European rail legislative texts have been
adopted in the recent past. The suburban and regional
passenger rail sectors as well as the urban rail sector
(metro, light rail, etc) are now potentially within the
scope of this legislation, even if the urban rail networks
have been up to now excluded from it by Member States1
when transposing the European legislation into the
national one, as will be shown below.
Urban, suburban and regional rail services operated
under public service requirements will be regulated
from 3 December 2009 by Regulation 1370/2007/EC
published on 3 December 2007.
March 2008
European rail legislation is creating problems for the
urban rail sector2, since interoperability between
networks is not a relevant target, given the diversity of
the networks and their local character. On the other hand,
achieving an appropriate level of technical harmonisation
could be promoted for urban rail networks: these would
take advantage of interchangeability between the rail
components and sub-systems by means of compatible
interfaces, and of a European harmonisation of certain
basic characteristics of urban systems. A European
support in that regard would allow the European
Union’s internal market to work more efficiently and to
achieve economies of scale in terms of both rail network
investment and operation necessary for the sustainable
development of major cities.
References
1 Except Portugal, until an urban rail legislation is produced. For
their part, Hungary and United Kingdom are developing in parallel
specific urban rail technical specifications.
2 And in some areas for the suburban and regional rail sector as
well, e.g. for passenger information and ticketing systems (so
called TAP TSIs, Telematic Applications for Passengers Technical
Specifications for Interoperability).
5
2. Legislation concerning interoperability
and railway market liberalisation
2.1. The first railway Directives
The first Directive to liberalise the rail market dates
back to July 1991 (91/440/EEC). In June 1995, several
Directives defined the principles and procedures to be
followed in order to access the rail market pursuant to
Directive 91/440/EEC:
• Directive 95/18/EC on the licensing of railway
undertakings, which excludes from its scope undertakings
whose activities are limited to the operation of urban,
suburban and regional services (Article 1.2);
• Directive 95/19/EC on the allocation of railway infrastructure
capacity and the charging of infrastructure fees.
The first Interoperability Directive (96/48/EC) dates from
July 1996 and only concerns the interoperability of the
trans-European high-speed rail system.
These Directives were modified or replaced:
• in 2001 by the “first railway package”;
• in April 2004 by the “second railway package”;
• in December 2007 by the “third railway package”.
A “third twice railway package” presented by the
European Commission in December 2006 already led
to the adoption of one Directive in first reading (with
amendments) by the Parliament one year later, on 11
December 2007. This new Interoperability Directive had
not yet been published at the time the current document
was produced. Two other texts focusing on railway safety
shall have a second reading in 2008.
6 U I T P A N D E U R O P E A N R A I L L E G I S L AT I O N
2.2. The first railway package
The “first railway package” refers to a set of texts adopted
on 26 February and 19 March 2001, which entered into
force on 15 March (with some derogations) and 20 April
2001, and were to be transposed into national law within
two years, including:
• Directive 2001/12/EC, amending Directive 91/440/
EEC and providing for the opening-up to competition
of the 50,000 km “Trans-European rail freight network”
from 2003, and of other international freight routes
from 2008;
• Directive 2001/13/EC, amending Directive 95/18/
EC and extending the licensing principle to all sector
undertakings;
• Directive 2001/14/EC, repealing Directive 95/19/EC
and concerning the allocation of railway infrastructure
capacity, the levying of charges for the use of railway
infrastructure, and safety certification. It establishes
a new framework aimed at constituting a European
railway area without borders;
• Directive 2001/16/EC, supplementing Directive 96/48/
EC and aimed at establishing the full set of conditions
to be met in order to allow interoperability within the
territory of the Community between trans-European
conventional rail systems.
Directives 2001/13/EC and 2001/14/EC are the first to
make explicit reference to the UITP members’ own sector
of activity. Indeed, they state (Article 1.2) that: the European Railway Agency as a result of the adoption
“The Member States may exclude from the scope of: of the “second railway package”. AEIF established TSIs
related to high-speed rail transport and rail freight
• Directive 2001/13/EC:
transport, and some TSIs related to “conventional” trans-
a) undertakings which only operate rail passenger
European networks, adopted between 2004 and 2007.
services on local and regional stand-alone railway
The latest TSIs prepared by AEIF deal with the following
infrastructure;
issues:
b) railway undertakings which only operate urban or
• safety in railway tunnels;
suburban rail passenger services; [...].
• accessibility for persons of reduced mobility;
• Directive 2001/14/EC:
• air pollution – diesel engines.
a) stand-alone local and regional networks for passenger
services on railway infrastructure;
b) networks intended only for the operation of urban or
2.3. The second railway package
suburban passenger services; [...].”
The “second railway package” adopted on 29 April 2004,
In turn, Directive 2001/16/EC applies to lines within trans-
which entered into force on 30 April 2004, comprises
European transport networks and to the rolling stock
three Directives and one Regulation:
operating on these lines. The working method established by
the interoperability directives in order to produce the required • Directive 2004/49/EC on railway safety, amending
technical harmonisation consists of defining the necessary Directives 95/18/EC and 2001/14/EC, to be transposed
minimum in terms of each sub-system, by entrusting a “joint into national legislation before 30 April 2006 and
representative body” with the task of preparing “Technical specifically entailing four series of measures:
Specifications for Interoperability” (TSIs). i. the creation, in each Member State, of a “safety
AEIF, the European Association for Railway Interoperability authority” responsible for regulating and controlling
(www.aeif.org), was mandated originally by the railway safety, authorisations for placing in service
Commission with this aim in mind. AEIF represented subsystems and rolling stock not covered by a
infrastructure managers, railway companies and the
manufacturing industry. AEIF was replaced in 2005 by

March 2008 7
 TSI, safety inspections and monitoring of mutual
recognition of national safety rules;
ii. mutual recognition of safety certificates
(railway undertakings) and safety authorisations
(infrastructure managers) issued by the various
Member States;
iii. development of common safety indicators
(CSIs), common safety targets (CSTs) and common
safety methods (CSMs);
iv. definition of common rules for investigations
following railway incidents and accidents, with the
creation of permanent independent investigation
bodies;
• Directive 2004/50/EC on the interoperability of the
conventional trans-European rail network, amending
Directives 96/48/EC and 2001/16/EC and speeding up
application of interoperability standards for the trans-
European rail system, to be transposed into national
legislation before 30 April 2006;
• Directive 2004/51/EC on the development of the
Community’s railways, which amends Directive 91/440/
EEC and opens up to competition the Union’s entire
rail infrastructure used for the transport of freight,
i.e. some 150,000 kilometres, by 1 January 2006 at
the latest for international services and by 1 January
2007 for all rail freight services, to be transposed into
national legislation before 31 December 2005;
• Regulation EC/881/2004 establishing a European
Railway Agency responsible for railway safety and
interoperability, designed ultimately to replace AEIF.
This Agency, operational since mid-2005, brings
together experts from the rail sector seconded to
it for specified periods, and created working groups
to support it, made up of selected members of
“representative railway associations” such as UITP.
Directive 2004/49/EC (“safety” directive) covers all
rail modes, including urban modes (metro, tram, etc.).
However, Article 2.2 of the Directive states that:
“Member States may exclude from the measures they
adopt in implementation of this Directive:
(a) metros, tramway and other urban rail systems;
(b) networks that are functionally separate from the
rest of the railway system and intended only for the
operation of local, urban or suburban passenger
services, as well as railway undertakings operating
solely on these; [...].”
Directive 2004/50/EC (“interoperability” directive)
amends Article 1 of Directive 2001/16/EC by adding a
third paragraph:
“The scope of this Directive shall be progressively
extended to the whole conventional rail system, including
track access to terminals and main port facilities serving
or potentially serving more than one user, except for
infrastructure and rolling stock reserved for a strictly
8 U I T P A N D E U R O P E A N R A I L L E G I S L AT I O N
local, historical or tourist use or infrastructure which is
functionally isolated from the rest of the rail system, and
without prejudice to the derogations to the application of
TSIs as listed in Article 7.”
As regards the scope of the national legislation transposing
the First and the Second Railway Packages, all Member
States decided to exclude the urban rail systems except
partially Portugal3. This was in line with the UITP position.
For UITP, it is very important that all Member States have
the same opinion towards urban rail systems, and that
they stick to it for the future “third twice” legislation
transposition. This will facilitate the development of
different and specific technical regulations for urban rail
systems (see below).
2.4. The third railway package
The “third railway package” was presented by the
Commission in April 2004. Adopted on 23 October 2007
after numerous changes introduced by the European
Parliament and the Council, during first and second
reading, and later during the conciliation phase, it was
published in the Official Journal of the European Union
on 3 December 2007.
The “third railway package” includes two Directives and one
Regulation which entered into force on 4 December 2007:
• Directive 2007/58/EC, which amends Directive 91/440/
EEC on the development of the Community’s railways
and Directive 2001/14/EC on the allocation of railway
infrastructure capacity and the levying of charges for the
use of railway infrastructure. It opens up the market in
international passenger rail services by 1 January 2010;
• Directive 2007/59/EC on the certification of train crews
operating locomotives and trains on the Community’s
rail network;
• Regulation 1371/2007/EC on the rights and obligations
of international rail passengers.
2.4.1. Directive 2007/58/EC on the
development of the Community’s railways
The Directive, to be transposed into national legislation
before 4 June 2009, only deals with the opening up of
the international passenger rail services market. The
Parliament had obtained a majority vote on first reading,
which also required national markets to be opened up,
but could not obtain a majority on second reading.
The Directive allows Member States to raise a levy on
passenger rail services in order to contribute to the
financing of public service obligation compensation in
the framework of public services contracts concluded in
accordance with Community law.
It authorises “cabotage” for international services, i.e.
the right for railway undertakings, in the course of an
international passenger service, to pick up passengers
at any station located on the international route and set
them down at another, including stations located in the
same Member State. Due to the fact that cabotage could
trigger a conflict of interest with certain national services,
which are operated under public-service contracts and
benefit from exclusive rights, further explanations were
provided with respect to the initial text – partly based on
recommendations made by UITP – on the conditions for
cabotage limitation when necessary in order to maintain
the economic balance of public services.
The text of the Directive also includes a reciprocity
clause on the issues of competition and direct attribution
of exclusive rights, as well as clauses on framework
agreements allowing specialised infrastructures to be set
up, requiring major long-term investments.
The Directive stipulates that by 31 December 2012, the
Commission shall present a report on the application of
the Directive, as well as the state of the preparation of a
further opening-up of the passenger rail market. In this
report, the Commission shall analyse the different models
for organizing this market and the impact of the Directive
on public service contracts and their financing, taking into
account the implementation of the Regulation on public
service requirements and the intrinsic differences between
Member States in terms of density of networks, number of
passengers, average travel distance and so on.
2.4.2. Directive 2007/59/EC on the
certification of train crews
The Directive, to be transposed into national legislation
before 4 December 2009, is aimed at harmonising
professional, medical and linguistic standards at
Community level of train crews participating directly in
tasks related to train and passenger safety. It has the same
scope as Directive 2004/49/EC, and therefore the same
exclusion possibilities for urban rail systems. In UITP’s
view, short-distance rail transport – including cross-border
– should have been excluded, but this was not the case.
As a first step, this Directive shall apply only to train
drivers. These drivers shall have a licence demonstrating
that they satisfy minimum conditions as regard medical
requirements, basic education background and general
professional skill.
In parallel, the European Railway Agency shall, in a
report to be presented by 4 June 2009, and taking into
account the Technical Specifications for Interoperability
on operation and traffic management developed under
Directives 96/48/EC and 2001/16/EC, identify the profile
and tasks of other crew members performing safety-
critical tasks whose professional qualifications accordingly
contribute to railway safety. On the basis of this report the
March 2008
Commission shall, by 4 June 2010, present a report and,
if appropriate, bring forward a legislative proposal on a
certification system for these other crew members.
2.4.3. Regulation 1371/2007/EC on the
rights and obligations of passengers
The Regulation deals with the responsibility of rail operators
and infrastructure managers towards passengers (and their
luggage or equipment) before, during, and after travel, in
particular as regards information and transport contracts.
This includes compensation and assistance in the event
of delays, complaints procedures, and special clauses
applicable to people with reduced mobility. The main issue
to settle before the final adoption of the regulation (and
the third railway package as a whole) has been the scope
of the Regulation, which the Council intended to limit to
international services, whereas the Parliament wanted it
to encompass national services. Eventually, the Regulation
shall apply from 3 December 2009 to all rail journeys and
services throughout the Community provided by one or
more licensed railway undertakings (Article 2 (1)).
As recommended by UITP, it shall not apply to railway
undertakings and transport services which are not
licensed (Article 2 (2)).
None of the licensed undertakings and services can be
exempted from the provisions of some Articles of the
regulation (Article 2 (3) presented below), but apart from
this restriction Member States can temporarily exempt
domestic rail passenger services, and permanently exempt
urban, suburban and regional rail services. Indeed:
• According to Article 2 (4) a Member State may grant
an exemption for a of period no longer than five years,
which may be renewed twice (e.g. 15 years as a total
maximum), for domestic rail passenger services4;
References
3 Portugal had decided to include urban rail, but was still waiting for
a specific legislation.
4 In addition, according to Article 2 (6), a Member State may also
grant a temporary exemption, for a maximum period of five years
which may be renewed, for particular services or journeys because
a significant part of the rail passenger service, including at least
one scheduled station stop, is operated outside the Community.
9
• As requested by UITP European Union Committee,
according to Article 2 (5), a Member State may
permanently exempt urban, suburban and regional rail
passenger services, as defined in directive 91/440/
EC5. When applying these definitions, the exemption
shall have to take into account the following criteria:
distance, frequency of services, number of scheduled
stops, rolling stock employed, ticketing schemes,
fluctuations in passenger numbers between services in
peak and off-peak periods, train codes and timetables.
Members States shall inform the Commission of
exemptions granted. The Commission (Article 2 (7))
shall check their accordance with the regulation and
publish a report on exemptions no later than five years
after the entry into force of the regulation (two years
after the date of its publication).
One issue remains very unsatisfactory. The cross-border
local rail market segment is not properly addressed:
cross-border suburban and regional rail services cannot
be exempted from the scope of the Regulation, while
they might be operated as part of integrated local public
transport systems which can be exempted for their part
operated within a single Member State.
Mandatory scope of Regulation 1371/2007/EC:
Article 2 (3) provides the list of Articles whose scope
is mandatory for all rail services. All passengers using
licensed rail services will be protected by a set of basic
rights, as follows:
• Article 9: Availability of tickets. In particular,
paragraph 2: Railway undertakings shall offer the
possibility to obtain tickets for the respective service
on board the train, unless this is limited or denied
on security or antifraud policy or compulsory train
reservation or reasonable commercial grounds;
• Article 11: Liability for passengers and luggage.
Liability shall cope at least with uniform rules extracted from
the Appendix A to the convention concerning international
carriage by rail of 9 May 1980 (COTIF) modified by the
protocol of 3 June 1999 (CIV). Further compensation for
damages can be granted by national laws;
• Article 12: Insurance. Railway undertakings
must be adequately insured (or equivalent
arrangements) (Paragraph 1). The Commission shall
submit to the European Parliament and the Council
not later than 3 December 2008 a report on the
setting of a minimum amount of insurance for railway
undertakings. If appropriate it shall be accompanied by
suitable proposals or recommendations on this matter
(Paragraph 2);
• Article 19: Rights to transport of disabled persons
and of persons with reduced mobility. The main points
are non-discriminatory access rules; and the obligation for
Railway Undertakings, ticket vendors or tour operators to
accept a reservation or to issue a ticket;
10
• Article 20 (1): Information for disabled persons
and persons with reduced mobility. Upon request, a
railway undertaking, a ticket vendor or a tour operator
shall provide disabled persons and persons with reduced
mobility with information on the accessibility of rail
services and on the access conditions of rolling stock
in accordance with the access rules referred to in Article
19 (1) and shall inform disabled persons and persons
with reduced mobility about facilities on board;
• Article 26: Personal security of passengers.
In agreement with public authorities, railway
undertakings, infrastructure managers and station
managers shall take adequate measures in their
respective fields of responsibility and adapt them to
the level of security defined by the public authorities
to ensure passengers’ personal security in railway
stations and on trains and to manage risks. They shall
cooperate and exchange information on best practices
concerning the prevention of acts, which are likely to
deteriorate the level of security.
As soon as the Regulation enters into force on 3 December
2009, compensation in the event of delays on cross-
border services (Article 17) will be 25% of the fare for a
delay of 60 minutes to 119 minutes and 50% for a delay
of 120 minutes or more, but only if the operator can be
held responsible for the delay.
Article 28 states also that Railway undertakings shall
define service quality standards covering at least some
items listed in Annex III of the regulation, and shall
monitor their performance accordingly, and produce
a yearly report on their performance on the internet
website (made available on ERA’s website as well)6.
References
5 “Urban and suburban services” are transport services operated to
meet the transport needs of an urban centre or conurbation, as
well as the transport needs between such centre or conurbation
and surrounding areas; “Regional services” are transport services
operated to meet the transport needs of a region.
6 Last point: As for bicycle access (Article 5), railway undertakings
shall enable passengers to bring bicycles on to the train, where
appropriate for a fee, if they are easy to handle, if this does not
adversely affect the specific rail service, and if the rolling stock so
permits.
U I T P A N D E U R O P E A N R A I L L E G I S L AT I O N
3. Other existing European rail
legislation

Two regulations related to rail transport statistics have been in force since 2003: Regulation 91/2003/EC on rail
transport statistics, which covers all railway undertakings (licensed or not), and Regulation 1192/2003/EC, which
amends Regulation 91/2003/EC by excluding undertakings whose activities only involve the supply of passenger
services by metro, tram and/or light rail.

March 2008 11
 4. UITP recommendations regarding
the transposition of railway packages
into national legislation

UITP asks Member States, when transposing

the railway Directives into national legislation:

• For non-interoperable networks, to exclude

local rail networks (metro, tramways, Light
Rail) from the scope of the national legal acts
implementing the Directives of the Railway
Packages (where applicable), due to the fact
that the technical specifications resulting
from the directives are not suitable for this
sector;

• For interoperable networks, to permanently

exempt suburban and regional rail services
operated under Public Service contracts from
the scope of the Regulation on Passengers’
Rights and Obligations, since it would not be
possible to adopt “common specifications”
for computerised systems as stipulated in
References
COTIF and CIV.7
7 The Technical Specifications for Interoperability for Telematic
In addition, for local cross-border interoperable
Applications for Passengers (TAP TSI) have to be adopted before 3
rail services, there is a need for a specific
December 2010, that is one year after the entry into force of the
treatment that properly takes into account their regulation, too late to be able to know if they can be accepted for
relationship with local public transport services suburban and regional rail or not. Thanks to an exemption, it shall
operated on either side of the border. be possible to select only those TAP TSI that are suitable for the
sector.

12 U I T P A N D E U R O P E A N R A I L L E G I S L AT I O N
5. European railway legislation under
negotiation
The “third twice” railway package8
The Commission adopted new legislation on 13 December
2006:
• A Communication COM(2006)782 of the Commission to
the Council and the European Parliament: “Facilitating the
movement of locomotives across the European Union”;
• A proposal COM(2006)783 for a Directive on the
Interoperability of the Community rail system;
• A proposal COM(2006)784 for a Directive amending
Directive 2004/49/EC on safety on the Community’s
railways;
• A proposal COM(2006)785 for a Directive amending
Regulation 881/2004/EC establishing a European
Railway Agency.
Through these proposals, the Commission wishes to modify
certification procedures for locomotives in order to facilitate
the free circulation of trains, and create a precise framework
procedure for authorising the use of new and existing rolling
stock. The legislative change is necessary not only to create
rights for manufacturers, “keepers” of rolling stock and rail
operators, as well as for the appropriate authorities, but
also to facilitate the task for the national safety authorities
created by the application of the “safety” directive.
Within the framework of the programme to simplify
Community legislation9, the Commission also proposes to
consolidate and combine the directives on rail interoperability
(96/48/EC, 2001/16/EC, 2004/50/EC), by drawing on
experience acquired over the past ten years (simplification,
clarification and improvement of TSIs in particular).
The new regulation on the competencies of the European
Railway Agency aims to enable it to develop and update
a simplified European process of cross acceptance of
rolling stock based on the contributions of Member States,
and to clarify the distribution of responsibilities between
March 2008
stakeholders in the rail sector, in particular as regards
maintenance: for this reason, a new notion of “keeper” of
rolling stock10 has been introduced.
The proposal for a new Interoperability Directive has been
adopted with amendments by the European Parliament
in first reading on 11 December 2007 (and might be
published in April 2008), while the two other legislation
proposals shall get a second reading in 2008.
The scope of the new Interoperability Directive is the same
as the scope of the Safety Directive 2004/49/EC and of the
Directive 2007/59/EC on the certification of train crews:
the automatic exclusion of metro, tramway and Light Rail
networks [...] stipulated in Article 1(3) of the Interoperability
Directive 2004/50/EC is replaced by the disposition of
Article 2.2 of Directive 2004/49/EC offering Member States
a possible exclusion of these urban rail networks.
As soon as this new Interoperability Directive shall
enter into force the urban rail sector (metro, tramway,
Light Rail...) will be fully covered by European
Railway legislation, with a possibility for exclusion
which UITP strongly recommends applying.
References
8 See http://europa.eu.int/comm/transport/rail/index_en.html
9 See COM(2005) 535 and COM(2006) 690: Implementing the
Community Lisbon programme: A strategy for simplification of
the regulatory environment.
10 Article 3, definition “s)” of the proposal COM(2006) 784 final:
“keeper” means the person or entity who, being the owner of a
vehicle or having the right to dispose of it, exploits the vehicle
economically in a permanent manner as a means of transport.
13
 6. Other initiatives taken at European level
in favour of a “Technical harmonisation
involving the urban rail sector”
The two rail associations concerned with “urban rail”,
i.e. UNIFE on the side of vehicle and equipment suppliers
and UITP as representative of operating companies
(who generally also manage their own infrastructures),
adjudged that it was neither wise nor justified to apply
to local rail transport the technical texts devised for
medium to long-distance interoperable rail transport,
and that dealing with this local rail sector “on the
margins” or “as an exception” would leave it in danger
ultimately of having unsuitable, costly and ineffective
constraints imposed on it, especially with the tendency
of exemptions to disappear from European law. They
established the fact that their sector of activity had
a European, even global, dimension, which made it
inevitable that European legislation would be created
that would affect “urban rail”, and that an initiative
from the sector itself11 was undoubtedly the most
suitable approach for producing the right legislation.
Indeed, the “urban rail” sector is a sector undergoing
steady expansion, and one which is acknowledged as
being of major importance in terms of the sustainable
development of cities and regions.
This is why the two rail associations decided in summer
200312 to create, in partnership with the European
Commission’s “Enterprise and Industry” Directorate
General13, an informal top-level working group14
in order to prepare a “draft proposal for a Directive
14
on the approximation of the laws, regulations and
administrative provisions of the Member States relating
to Rail Mass Transit installations (RMT installations) and
their accompanying supporting documents”.
Taking into account the results of these deliberations,
and following internal consultations, the Commission
launched a European consultation in December 2004 on
the advisability of having European legislation in the field
of technical harmonisation of the urban rail sector.
The consultation did not produce the expected results
due to the rejection of part of the text by German
operators and their public authorities: the opposition did
not concern the proposal to establish “common technical
prescriptions” in Europe which was approved by 94% of
responses, but rather the authorisation procedure for
the introduction of components or sub-systems, which
is felt to be incompatible with the method currently used
in Germany.
The Directorate General “Enterprise and Industry”
therefore decided to launch a study aiming to acquire
further knowledge of competitiveness in the rail sector, as
well as to examine the possible alternatives to European
legislation to facilitate the technical harmonisation
of urban rail systems. The study was carried out from
2005 to the end of 2007. The study results were
published at the time the European Parliament adopted
U I T P A N D E U R O P E A N R A I L L E G I S L AT I O N
the new Interoperability Directive, the scope of which
encompasses urban rail networks.
Taking into account the new legal situation, the Directorate
General “Enterprise and Industry” concluded that it was
no longer possible to escape from the existing legal
framework, but confirmed that they were ready to help
investigate solutions to support the UITP-UNIFE initiative
and promote the preparation by an “Urban Rail Platform”15
of a set of technical rules appropriate for the sector.
At the same time, the railway associations (see Annex 1)
are jointly coordinating in order to rationalise the
interventions of stakeholders in the local rail sector in all
market segments:
• in the field of European research, with the support of
ERRAC (European Railway Research Advisory Council),
the “technological platform” created in 2001 to oversee
European rail research and prepare the research
actions of European framework programmes FP6 and
– underway - FP7;
• in the field of standardisation, by reactivating the
JPC-R, “Joint Programming Committee – Rail”, a structure
tasked with coordinating the work of European bodies
in charge of rail standardisation – the CEN (TC256),
CENELEC (TC9X) and ETSI.
March 2008
References
11 As a follow-up to the “MARIE” initiative (Mass Rapid Transit
Initiative for Europe), an industrial forum launched in 1998 by
the European commissioners Neil Kinnock (Transport) and Martin
Bangemann (Industry), and by Jean-Paul Bailly (President of UITP)
and Kaare Vagner (President of UNIFE).
12 Following a decision by the UITP European Union Committee in
Madrid on 9 May 2003.
13 The mission of the Enterprise and Industry Directorate General is
to arrange measures designed to reinforce the competitiveness of
European firms. Its role is that of helping to create an environment
in which companies are able to flourish, for example by helping
to facilitate access to markets and by promoting enterprise and
innovation. It favours an industrial policy which guarantees
favourable overall framework conditions while at the same time
making greater allowance for the specific needs of industry
sectors.
14 Under acronym “DURD” for “Draft Urban Rail Directive”.
15 The acronym “URP” for “Urban Rail Platform” replaces the former
DURD acronym (for “Draft Urban Rail Directive”) identifying the
UITP-UNIFE working group.
15

At the current state of rail legislation, all railway
undertakings and operators in charge of urban,
suburban and regional rail networks fall under
the European rail legislation framework.
The railway undertakings operating suburban and
regional “interoperable” networks have to apply
the Technical Specifications for Interoperability16,
but they may be permanently exempted from
certain provisions of Regulation 1371/2007/EC on
Rail passengers’ rights and obligations, provided
that Member States ask for such exemption before
3 December 2009, as UITP is lobbying for.
The very particular case of local cross-border rail
services and networks (interoperable or not) is not
properly addressed by the existing legislation.
Operators of urban rail networks and local
rail networks “functionally separated” from
interoperable networks may be excluded from
the scope of legislation existing and expected
in 2008. Following UITP expectations, they have
been almost17 entirely excluded from the scope
of the second railway package, and should be
logically excluded from the Directive 2007/59/
EC on the Certification of Train Crews and from
the new Interoperability Directive adopted by
the Parliament on 11 December 2007. However
their legal situation shall only be clarified when
the European Union shall clearly recognise their
specificity and the need to define for this sector, in
cooperation with UITP and UNIFE – and European
standardisation bodies – technical principles,
rules and common prescriptions different from
those of the “interoperable” networks.
Some of the operators of suburban networks fall
into a special category: the operators of mixed
lines providing a mix of suburban and urban
services. The most well-known of these networks
are the “tram-train” in Karlsruhe (there are also
cases of “train-trams” in Germany) and the Paris
RER (lines A and B of the RER are “metro-train”
16
7. Conclusion
lines, but in London “train-metro” lines also
exist). According to UITP, these systems should
not be considered as a branch of “interoperable”
conventional rail networks, but as a combination
of two totally different categories of infrastructure,
on which properly designed hybrid rolling stocks
are operated. The “conventional rail” part of such
railway lines has to follow the existing European
railway legislation, while the “urban rail” part
should follow specific rules which do not fit into
the logic of existing and soon expected railway
packages.
Furthermore, European legislation cannot be
disassociated from the research, innovation-
support and technical-harmonisation actions
pursued at the European level: not only in the
rail domain but also in other public transport
areas, road based and waterborne, the actions
undertaken in the three spheres of legislation,
research and harmonisation must be prepared
collectively and accompanied by the local public
transport stakeholders, if they want to make
local public transport’s specific hallmarks widely
understood and accepted. This involvement, and
especially from UITP members, is a prerequisite
for allowing local public transport, and especially
rail networks, to develop in the best interests not
only of operators, but also of local and national
public authorities in charge, and above all for the
benefit of sustainable urban development and last
but not least of all European Union citizens18.
References
16 They still have the possibility to ask for the creation of new
categories of Technical Specifications for Interoperability different
from main line ones.
17 Except partially in Portugal, see above notes 3 and 5.
18 And of the planet earth, in a climate change management
perspective.
U I T P A N D E U R O P E A N R A I L L E G I S L AT I O N
 Annex 1

Rail associations and European bodies

involved in local rail activity

Following a brief general introduction, this annex provides • freight transport19 (shippers: ERFA, European
a description of the rail associations and European bodies Rail Freight Association (www.erfa.be); private
whose activity is at least partly connected with that of UITP. wagons: UIP, International Union of Private Wagons
(www.uiprail.org); combined transport: UIRR,
General introduction International Union of Combined Road-Rail transport
companies (www.uirr.com)).
“Rail associations” involve several segments of the
railway market: Other associations or “European bodies” are also closely
• “interoperable” rail, represented by several associations, related to passenger rail transport in Europe:
which is the main object of European legislation, and
• UIC (www.uic.asso.fr), the International Union
which, in terms of UITP’s activity, concerns the transport
of Railways, worldwide association which is not
of passengers via suburban and regional rail services;
recognised by the European Union as a “representative”
• “urban” rail, represented on the operator side by UITP,
European rail association since the creation of CER;
and which covers metro, light rail, tramway, monorail
• ERA (www.era.europa.eu), the European Railway
or “people mover” systems.
Agency, created by regulation EC/881/2004;
Certain “rail associations” are considered as • OTIF, Intergovernmental Organisation for International
“representatives” at European level by the European Carriage by Rail (www.otif.org);
Union. They represent:
References
• operators: UITP (www.uitp.org) and CER (www.cer.be);
19 In April 2007, ERFA and UIP formed, together with EFRCP (European
• infrastructure managers: EIM (www.eimrail.org), CER;
Rail Freight Customer Platform http://www.railfreightgroup.com/
• railway rolling stock, civil works and equipment
suppliers: UNIFE (www.unife.org); useful/eur/) and F&L (European Freight Logistics Leaders Forum

• trade unions: www.europeanfreight.org/), an alliance called “The House of Rail”

- ETF (http://www.itfglobal.org/etf/); (www.rfg.org.uk/HOUSEOFRAIL/)

- A L E ( h t t p : / / w w w. g d l . d e / r e d a k t i o n s s y s t e m /
downloads/ale_portraet_2007.pdf);

March 2008 17
• CEN, European Committee for Standardisation
(www.cenorm.be);
• CENELEC, European Committee for Electrotechnical
Standardisation (www.cenelec.org);
• ETSI, European Telecommunications Standards
Institute (www.etsi.org).
The following may also be mentioned:
• the European intersectoral social dialogue
committee for railways,
(http://ec.europa.eu/employment_social/
publications/2003/ke4702397_en.pdf);
• RMMS (Rail Market Monitoring Scheme), a European
working group created by the European Commission
in 2001 to monitor the evolution of the rail market,
(http://ec.europa.eu/transport/rail/index_en.html);
• ERRAC (European Rail Research Advisory Council) (www.
errac.org), the “technology platform” created by the
European Commission in 2001 with the main stakeholders
in the rail sector to oversee European research in the field.
Presentation of the associations
and European bodies connected
with UITP’s rail activity
UITP (www.uitp.org)
Founded in 1885, UITP, the International Association of
Public Transport, is the oldest rail association. UITP originally
united tramway network operators, and then metro, bus and
suburban and regional railway operators. Today its members
represent all modes of urban, suburban and regional
transport by rail, road or waterborne, gathering together
operators, supply industries, consultants, organising
authorities and research institutes. UITP has more than
3,100 members in over 90 countries. Its “European Union
Committee”, supported by a special technical team called
the EuroTeam, gathers European operators. The UITP EU
Committee officially represents European public transport
operators within the European Union.
The President of UITP is Mr. Roberto Cavalieri
(Metropolitana di Roma), and the Secretary General is Mr.
Hans Rat. They are assisted by an Executive Board:
http://www.uitp.org/about/Executive_Board.cfm
The president of the UITP EU Committee is Mr. Guido del
Mese (ASSTRA, Association for Italian Public Transport),
and the director of the EuroTeam is Mrs. Brigitte Ollier:
http://www.uitp.org/eupolicy/mission.cfm
UITP’s head office is located in Brussels.
CER (www.cer.be)
CER, the Community of European Railway and Infrastructure
Companies, whose members are also members of UIC, was
created following a decision by UIC. Today it brings together
70 undertakings and infrastructure managers in the
European Union and other countries (Croatia, Macedonia,
Turkey, Balkan countries, Norway and Switzerland).
18
The main focus of the Association consists in dealing with
all European Union policy areas of significance to transport,
in particular as regards the rail sector, as well as analysing
the problems related to these issues and, if necessary,
finding solutions and ensuring their implementation.
The key priority is to contribute to the improvement and
development of rail transport in general.
CER has a “Management Committee” with 15 members, chaired
by Mr. Aad Veenman (NS, the Netherlands): http://www.cer.
be/index.php?option=com_member&task=member_catego
ry&id=74&Itemid=104. The executive director of CER is Mr.
Johannes Ludewig, former CEO of Deutsche Bahn AG. CER
head office is located in Brussels.
UIC (www.uic.asso.fr)
The International Union of Railways (UIC) is the world-
wide organisation for international cooperation among
railways and promotion of the rail transport mode. It was
founded in 1922. Its initial purpose was standardisation
and improvement of conditions for railway construction
and operations, especially in view of international traffic.
In 2005, a “New UIC” was designed in order to cope
with a series of new challenges, in particular railway
liberalisation, increasing competition from other modes,
the growing economic constraints on railways together
with the challenge of globalisation of the transport
market which creates new opportunities for railways. The
UIC mission in 2006 consists in promoting rail transport
at world level in order to meet challenges of mobility and
sustainable development. UIC’s key tasks are technical
cooperation, rail system coherence and interoperability.
UIC groups 171 members (railways, rail operators,
infrastructure managers, railway service providers,
public transport companies, etc.) on all 5 continents.
UIC is chaired since December 2006 by Mr. Jay Prakash
Batra, Indian Railways CEO.
UIC recently created a “European Regional Assembly” made
up of 104 members, in order to define and structure UIC’s
role and work programme in all projects and activities
of a European dimension to be dealt with at the level of
presidents and CEOs. The Chairman of the assembly is Mr.
Hartmut Mehdorn, CEO of Deutsche Bahn, assisted by three
Vice-Chairmen: first, Mrs. Anne-Marie Idrac, CEO of SNCF;
second, Mr. Bert Klek, CEO of ProRail and President of EIM;
third, Mr. Aad Veenman, CEO of NS and President of CER.
The Chief Executive of UIC is Mr. Luc Aliadière. The
headquarters are located in Paris, France.
UNIFE (www.unife.org)
UNIFE, Union of the European Railway Industries,
was created in 1993 when three former associations
merged into one: AICMR (Association Internationale des
Constructeurs de Matérial Roulant), AFEDEF (Association
des Fabricants Européens d’Equipements Ferroviaires)
U I T P A N D E U R O P E A N R A I L L E G I S L AT I O N
and CELTE (Constructeurs Européens des Locomotives
Thermiques et Electriques). This professional association
is the European network of railway industries in the
broad sense and directly represents the interests of
approximately one hundred members, and indirectly
represents approximately 1000 suppliers who are
associated members through their national associations.
UNIFE represents its members vis-à-vis the European
Union, rail operators and other associations concerned
with the railway market. Its members are from leading
companies in their market segments as main turnkey
contractors, rolling stock suppliers, infrastructure
builders, IT suppliers and parts and services suppliers.
UNIFE is chaired by Mr. André Navarri (Bombardier
Transportation CEO), who is assisted by eight vice-
presidents (http://www.unife.org/Presiding%20Board.
htm). The Chief Executive of UNIFE is Mr. Michael
Clausecker. The UNIFE head office is located in Brussels.
In the European Railway Agency working groups, UNIFE
also represents UNISIG, an association of main suppliers
of train security and signalling systems, and EFRTC, the
European Federation of Railway Trackworks Contractors.
ETF (http://www.itfglobal.org/etf/)
ETF, the European Transport Workers’ Federation, was
created in June 1999 as an organisation which embraces
transport trade unions from the European Union, the
European Economic Area and Central and Eastern European
countries. ETF brings together former members of the
Federation of Transport Workers’ Unions in the European
Union (FST – now dissolved) with European affiliates of the
International Transport Workers’ Federation (ITF).
ETF has affiliated unions which organise workers in railways,
road transport, maritime transport, ports and docks, inland
navigation, civil aviation, fisheries and tourism services,
representing a total of over 2.5 million workers from 40
European countries.
ETF is the recognised social partner in the European Social
Dialogue and represents the interests of transport workers
vis-à-vis the European Commission and the Council. It has
close ties with the European Parliament, the Economic and
Social Committee and the Committee of the Regions.
The Secretary General is Mr. Eduardo Chags, assisted by
Mrs. Sabine Trier. The ETF general secretariat is located in
Brussels.
ALE (http://www.gdl.de/redaktionssystem/
downloads/ale_portraet_2007.pdf)
ALE, Autonome Lokomotivführer-Gewerkschaften Europa, is
an association of trade unions of locomotive drivers from
15 European countries. Its President is Mr. Manfred Schell
(GDL, Germany), assisted by two Vice-Presidents, Mr. Juan
March 2008
Jesús Garcia Fraile (SEMAF, Spain) and Mr. Leszek Mietek
(ZZM, Poland). The ALE general secretariat is in Frankfurt.
EIM (www.eimrail.org)
EIM, European Rail Infrastructure Managers, created in
2002, is a non-profit association whose general secretariat
is located in Brussels. EIM currently has 12 members:
http://www.eimrail.org/default.asp
Its role is to promote the interests of rail infrastructure
managers vis-à-vis European institutions in cooperation with
other rail associations and stakeholders in the sector. EIM
accompanies the European legislative process in the area of
rail transport, and sends representatives to participate in
working groups of the European Railway Agency.
Mr. Michael Robson has been Secretary General since
September 2006.
ERA (www.era.europa.eu)
The European Railway Agency, created in 2004 by
regulation EC/881/2004 (European Regulation No
881/2004), is based in Valenciennes. It has the mission
of reinforcing safety and interoperability of railways
throughout Europe, and contributing to the creation of
an integrated and competitive European railway sector.
As part of its common transport policy, the Community
has adopted legislation to pave the way for gradual
establishment of an integrated European railway area,
both legally and technically. This involves the development
and implementation of Technical Specifications for
Interoperability (TSIs) and a common approach to
questions concerning railway safety. The Agency’s main
task is to manage the preparation of these measures.
The Agency is governed by an Administrative Board
composed of one representative of each Member
State, four representatives of the Commission, and six
representatives of the railway sector. The Executive
Director is Mr. Marcel Verslype, former Deputy Chief
Executive of Belgian Railways (SNCB/NMBS).
In addition to its own teams (approximately 100 staff
members), the Agency relies on the expertise of specialists
from “representative railway associations” who are chosen
by the Agency to participate in the theme-based working
groups (“Working Parties”, WP), of which there are currently
about fifteen20.
OTIF (www.otif.org)
OTIF did not concern UITP until the European Parliament
asked in the third railway package for OTIF international
agreements to apply to national rail services as well.
19
OTIF, the Intergovernmental Organisation for International
Carriage by Rail, was set up on 1 May 1985 as a consequence
of the Convention of 9 May 1980 (COTIF). Its predecessor
was the Central Office for International Carriage by Rail
which was set up in 1893.
Until the signature of the Protocol of 3 June 1999 (Vilnius
Protocol) for the modification of COTIF, the objective of
this governmental organisation was principally to develop
the uniform systems of law which apply to the carriage of
passengers and freight in international through traffic by
rail, i.e. the CIV and CIM uniform rules, respectively. The CIV
Uniform Rules (“RU CIV 1999”) entered into force on 1 July
2006 in 33 Member States of OTIF and also became de facto
applicable in Greece and Belgium.
Forty-two States are Members of OTIF at the present time:
all the European States, excluding the successor states of
the former Soviet Union, but including Lithuania, Latvia
and the Ukraine; four Near Eastern states; and three
North African states. The CIV/CIM Uniform Rules apply
to about 240,000 km of rail routes and about 23,000
km of road and sea/river routes. The headquarters of the
Organisation are in Berne, Switzerland.
At the time the Vilnius Protocol entered into force, the Rail
Facilitation Committee and the Committee of Technical
Experts were also located in Berne. The Secretariat
services are no longer provided by the Central Office, but
by the Secretariat General as a newly created organ.
Since the ratification of the Vilnius Protocol by the
European Commission, approved by the second railway
package, the Committee of Technical Experts must help
to ensure consistency between the COTIF rules as well
as the Technical Specifications for Interoperability (TSIs)
and the certification procedures established by European
directives. UITP was asked to designate representatives
for the Committee of Technical Experts.
CEN (www.cenorm.be)
CEN, the European Committee for Standardisation, was
founded in 1961 by the national standards bodies in the
European Union and EFTA countries (European Free Trade
Association: Iceland, Norway, Switzerland and Liechtenstein).
Now CEN is contributing to the objectives of the European
Union to promote free trade, the safety of workers and
consumers, interoperability of networks, environmental
protection, exploitation of research and development
programmes, and public procurement. CEN is responsible
for promoting the technical harmonisation of European
products through the definition and voluntary use of
standards prepared by its members, as well as for evaluating
and certifying product compliance with standards.
CEN is a system of formal processes to produce standards,
shared principally between:
• Thirty National Members and the representative
expertise they assemble from each country. These
members vote for and implement European Standards.
They alone are authorised to sell European norms
20
(EN), technical specifications (CEN TS) and “Workshop
Agreements” (CWA);
• Seven Associate Members and two Counsellors;
• The CEN Management Centre based in Brussels;
• Close ties at European level with CENELEC and ETSI
(see below), and at international level with ISO, the
International Organisation for Standardisation, as well
as with commercial and professional organisations.
CEN is managed by an administrative board headed by
Dr Juan Carlos López Agüí (Spain), assisted by three Vice-
Presidents, each responsible for a committee: Mr. Ernst
Peter Ziethen (Germany), Vice-President “Technical Board”;
Mrs. Florence Nicolas (France), Vice-President “Policy
Committee”; and Mr. Jan Wesseldijk (the Netherlands),
Vice-President “Finance Committee”. The Secretary
General is Mr. Gaston Michaud (France).
CEN is organised into Technical Committees (TC 256 for
railways) which are in turn organised into theme-based
working groups (approximately 40 for rail). Coordination
with CENELEC and ETSI is ensured via the “Joint Presidents
Group” (JPG), which has created a Joint Programming
Committee for Rail under the acronym JPCR.
The JPCR is a joint co-ordination group of CEN, CENELEC and
ETSI with participation of railway stakeholder organisations
and in cooperation with the European Commission, its Railway
Agency (ERA), and EFTA. UITP is a member of JPCR. 21
CENELEC (www.cenelec.org)
CENELEC, the European Committee for Electro technical
Standardisation, was created in 1973 as a result of the
merger of two previous European organisations: CENELCOM
and CENEL. Nowadays, CENELEC is a non-profit organisation
comprising the national electro technical committees of 30
European countries. In addition, eight national committees
from neighbouring countries are participating in CENELEC
work with an affiliate status.
CENELEC members have been working together in the
interests of European harmonisation since the 1950s,
creating voluntarily applied standards for improvement of the
European internal market, and – since 1985 and the adoption
of European technical harmonisation legislation (“New
Approach Directives”) – harmonised standards in support
of European legislation, whose application is voluntary or
mandatory. CENELEC works with 15,000 technical experts
from the represented countries. As with CEN – with which
CENELEC has close ties (see above) – its work directly
increases market potential, creates new markets for electric
and electro technical goods, encourages technological
development, guarantees the safety and health of consumers
and workers, and removes barriers to the development of a
Single European Market/European Economic Area.
At international level, CENELEC works in close collaboration
with IEC, the International Electro technical Committee.
CENELEC’s administrative board is led by Dr Ulrich
Spindler (Germany), assisted by three Vice-Presidents:
http://www.cenelec.org/Cenelec/About+CENELEC/
Our+organization/Administrative+Board/Default.htm
U I T P A N D E U R O P E A N R A I L L E G I S L AT I O N
CENELEC is run by the Central Secretariat, based in
Brussels, and its 30 staff members. The Chief Executive is
Mrs Elena Santiago Cid (Spain).
CENELEC’s Technical Board (TB) coordinates all technical
activities and in particular those of the technical committees
(TC 9X for rail) and working groups: in total, this represents
over 300 committees, sub-committees and working groups
(40 of which are dedicated to the rail sector).
European Social Dialogue (http://ec.
europa.eu/employment_social/
publications/2003/ke4702397_en.pdf)
The European Social Dialogue is a unique component of
the European social model. It refers to the discussions,
consultations, negotiations and joint actions undertaken by
the social partner organisations representing the two sides
of industry (management and labour). At sectoral level, the
social dialogue underwent an important development in
1998, when the European Commission established a new
organisation of the sectoral social dialogue (precise provisions
concerning the establishment, representativeness and
operation of new sectoral committees, intended as central
bodies for consultation, joint initiatives and negotiation), and
the creation of Sectoral Social Dialogue Committees (SSDC).
In 2003 and 2004, the Commission published texts (a 2003
Communication: “The European social dialogue, a force
for innovation and change”, and a 2004 Communication:
“Partnership for change in an enlarged Europe – Enhancing
the contribution of European social dialogue”) in order
to improve existing structures and foster more effective
dialogue so as to ensure better governance at Union level.
Since the introduction of the committees, the sectoral
social dialogue has led to some 350 agreements of a
different nature and scope, including – for the rail sector
– directive 2005/47/EC on the agreement between the
Community of European Railways (CER) and the European
Transport Workers’ Federation (ETF) on certain aspects of
the working conditions of mobile workers engaged in
interoperable cross-border services in the railway sector.
ERRAC (www.errac.org)
ERRAC, the European Rail Research Advisory Council, created
in 2001, is one of the “technology platforms” created by
the European Commission to help define European research
policy. ERRAC is made up of approximately 50 members
representing the Commission, the Member States and the
main stakeholders in the rail sector (industries, operators,
infrastructure managers, researchers and users). UITP has
two member seats, (Mrs. Françoise Duchezeau (RATP), and
Mr. Francisco Jávier Gonzales (Madrid metro)), and one
observer seat (Mr. Yves Amsler, UITP-EuroTeam). ERRAC was
chaired until end of 2007 by Mr. Ake Wennberg (Bombardier
Transportation). The vice-chairmen were Mr. Philippe Renard
(SNCF) and Pr. Manuel Pereira (Technical University Lisbon).
New Chairmanship to be agreed early 2008.
At the end of 2002, ERRAC published a “Strategic Rail
March 2008
Research Agenda” (SRRA), updated in 2007, as well as
various documents to prepare “FP7”, the Seventh Framework
Programme of the European Community for research (2007-
2013) (including brochures prepared by UITP on the urban
rail market, and on the suburban and regional rail market).
All are available on the website.
RMMS (http://ec.europa.eu/transport/rail/
index_en.html)
RMMS, Rail Market Monitoring Scheme, is a working
group which was created thanks to the adoption of
the first railway package in 2001. Its role is to assist
the Commission (DG TREN) in monitoring the effects
of European directives on the railway market, to collect
appropriate information, and to carry out analyses and
other necessary tasks to reach the group’s objectives (art.
10b of Directive 2001/12), which are to monitor:
a) the evolution of the internal market in rail
services;
b) the framework conditions;
c) the state of the trans-European rail freight
network;
d) the utilisation of access rights;
e) barriers to more effective rail services;
f) infrastructure limitations; and
g) the need for legislation.
The Commission works closely with representatives of
Member States and the sectors concerned, including
users. UITP participates in the group’s work.
The most recent publications of the European Commission
with RMMS relevance are:
• EC Communication COM(2007) 608 on rail freight
oriented network of 18 October 2007;
• EC Communication COM(2007) 609 on monitoring
development of the rail market of 18 October 2007.
References
20 Common Safety Methods; Common Safety Targets; Safety Certification;
Common Safety Indicators; TSI Telematic Applications Passengers;
TSI Passenger carriages; TSI Locomotives and Traction Units; TSI
Infrastructure; TSI Energy; Certification of Maintenance Workshops;
TSI Registration of Rolling Stock; Control/Command Management
CCM ERTMS; Conformity Survey Group; Vocational Competences /
Driver Licence; Accreditation of Training Centres; Traffic Operation
and Management of conventional rail.
21 Of both JPCR Plenary and JPCR-Core, the latter gathering together
representatives of the railway associations as well as the JPCR
Chairperson and the “rail” technical committee chairs of CEN,
CENELEC and ETSI with their secretary.
21
 Annex 2

European regulatory activity impacting

the local rail sector (Urban, suburban
and regional)

Referenced documents are available on the Internet: 5) Green Paper on public-private partnerships and
• For existing legislation: community law on public contracts and concessions.
http://eur-lex.europa.eu/RECH_naturel.do COM(2004) 327 of 30 April 2004
• For legislation under preparation:
http://ec.europa.eu/prelex/rech_simple.cfm?CL=en 6) Green Paper on a European programme for critical
infrastructure protection. COM(2005) 576 of
17 November 2005 (see also Communication
General legislation (non rail-specific) COM(2007) 649 of 6 November 2007)

White Papers 7) Green Paper on a European strategy for sustainable,

competitive and secure energy COM(2006) 105 of 8
1) White Paper - A strategy for revitalising the community’s
March 2006
railways. COM(1996) 0421 of 30 July 1996

8) Green Paper on Modernising labour law to meet the

2) White Paper - European transport policy for 2010:
challenges of the 21st century COM(2006) 708 of
time to decide. COM(2001) 0370 of 12 September
22 November 2006
2001 see also Communication COM(2006) 314 of 22
June 2006
9) Green Paper on the Review of the Consumer Acquis
COM(2006) 744 of 8 February 2007
3) White Paper on services of general interest White
Paper. COM(2004) 374 of 12 May 2004 (see also
10) Green Paper on market-based instruments for
Communication COM(2007) 725 of 20 November
environment and related policy purposes COM(2007)
2007)
140 of 28 March 2007

Green Papers 11) Green Paper: The European Research Area: New
4) Green Paper COM(2001) 68 on integrated product Perspectives. COM(2007) 161 of 4 April 2007
policy of 7 February 2001

22 U I T P A N D E U R O P E A N R A I L L E G I S L AT I O N
12) Green Paper: Towards a new culture for urban 23) Directive 98/70/EC of the European Parliament and
mobility. COM(2007) 551 of 25 September 2007 of the Council of 13 October 1998 relating to the
quality of petrol and diesel fuels and amending
Trans-European networks Directive 93/12/EEC

13) See numerous texts at: http://ec.europa.eu/ten/ 24) Council Directive 1999/30/EC of 22 April 1999

transport/legislation/index_en.htm relating to limit values for sulphur dioxide, nitrogen

dioxide and oxides of nitrogen, particulate matter
and lead in ambient air
Environment and safety
25) Directive 1999/45/EC of the European Parliament
14) Council Directive 85/337/EEC of 27 June 1985 on
and of the Council of 31 May 1999 concerning
the assessment of the effects of certain public and
the approximation of the laws, regulations and
private projects on the environment, modified by
administrative provisions of the Member States
Directive 97/11/EC
relating to the classification, packaging and labelling
of dangerous preparations, modified by Regulation
15) Council Directive 89/391/EEC of 12 June 1989
1907/2006/EC
on the introduction of measures to encourage
improvements in the safety and health of workers
26) Council recommendation 1999/519/EC of 12 July
at work, modified by Directive 2004/40/EC
1999 on the limitation of exposure of the general
public to electromagnetic fields (0 Hz to 300 GHz)
16) Council Directive 91/157/EEC of 18 March 1991
on batteries and accumulators containing certain
27) Directive 2000/18/EC of the European Parliament
dangerous substances
and of the Council of 17 April 2000 on minimum
examination requirements for safety advisers for the
17) Council Directive 91/689/EEC of 12 December
transport of dangerous goods by road, rail or inland
1991 on hazardous waste, modified by Decision
waterway, and amending Directive 96/35/EC
2000/532/EC

28) Commission Decision 2000/532/EC of 3 May 2000

18) Council Directive 93/12/EEC of 23 March 1993
replacing Decision 94/3/EC establishing a list of
relating to the sulphur content of certain liquid
wastes pursuant to Article 1(a) of Directive 75/442/
fuels, modified by Directive 98/70/EC
EEC on waste and Decision 94/904/EC establishing
a list of hazardous waste pursuant to Article 1(4) of
19) Council Directive 96/35/EC of 3 June 1996 on the
Directive 91/689/EEC on hazardous waste
appointment and vocational qualification of safety
advisers for the transport of dangerous goods by
29) Directive 2000/53/EC of the European Parliament
road, rail and inland waterway, modified by Directive
and of the Council of 18 September 2000 on end-of
2000/18/EC
life vehicles - Commission Statements

20) Council Directive 96/61/EC of 24 September 1996

30) Directive 2002/49/EC of the European Parliament
concerning integrated pollution prevention and
and of the Council of 25 June 2002 relating to the
control (see also COM(2006) 543)
assessment and management of environmental
noise
21) Council Directive 97/11/EC of 3 March 1997
amending Directive 85/337/EEC on the assessment
31) Directive 2002/95/EC of the European Parliament
of the effects of certain public and private projects
and of the Council of 27 January 2003 on the
on the environment
restriction of the use of certain hazardous
substances in electrical and electronic equipment
22) Directive 97/68/EC of the European Parliament
and of the Council of 16 December 1997 on the
32) Directive 2002/96/EC of the European Parliament
approximation of the laws of the Member States
and of the Council of 27 January 2003 on waste
relating to measures against the emission of gaseous
electrical and electronic equipment (WEEE) - Joint
and particulate pollutants from internal combustion
engines to be installed in non-road mobile machinery,
modified by Directive 2004/26/EC

March 2008 23
 declaration of the European Parliament, the Council
and the Commission relating to Article 9
33) Directive 2004/26/EC of the European Parliament
and of the Council of 21 April 2004 amending
Directive 97/68/EC relating to measures against
the emission of gaseous and particulate pollutants
from internal combustion engines to be installed in
non-road mobile machinery
34) Directive 2004/35/CE of the European Parliament
and of the Council of 21 April 2004 on environmental
liability with regard to the prevention and remedying
of environmental damage (see also COM(2006) 232)
35) Directive 2004/40/EC of the European Parliament
and of the Council of 29 April 2004 on the
minimum health and safety requirements regarding
the exposure of workers to the risks arising from
physical agents (electromagnetic fields) (18th
individual Directive within the meaning of Article
16(1) of Directive 89/391/EEC)
36) Directive 2006/12/EC of the European Parliament
and of the Council of 5 April 2006 on waste (see also
COM(2005) 666, COM(2007) 59 et COM(2007) 863)
37) Directive 2006/25/EC of the European Parliament
and of the Council of 5 April 2006 on the minimum
health and safety requirements regarding the
exposure of workers to risks arising from physical
agents (artificial optical radiation) (19th individual
Directive within the meaning of Article 16(1) of
Directive 89/391/EEC)
38) Proposal COM(2006) 373 for a Directive of the
European Parliament and of the Council establishing
a framework for Community action to achieve a
sustainable use of pesticides (Political agreement
on a common position from the Council reached on
17 December 2007)
39) Proposal COM(2006) 232 for a Directive of the
European Parliament and of the Council establishing
a framework for the protection of soil and amending
Directive 2004/35/E
40) Regulation 1907/2006/EC of the European
Parliament and of the Council of 18 December
2006 concerning the Registration, Evaluation,
Authorisation and Restriction of Chemicals (REACH),
establishing a European Chemicals Agency,
amending Directive 1999/45/EC (and repealing
Regulations 793/93/EEC and 1488/94/EC as well
as Directives 76/769/EEC, 91/155/EEC, 93/67/
EEC, 93/105/EC and 2000/21/EC)
24
Various Technical
41) Council Directive 73/23/EEC of 19 February 1973
relating to electrical equipment designed for use
within certain voltage limits
42) Council Directive 87/404/EEC of 25 June 1987
relating to simple pressure vessels
43) Council Directive 89/106/EEC of 21 December
1988 relating to construction products
44) Council Directive 89/391/EEC of 12 June 1989 on the
introduction of measures to encourage improvements
in the safety and health of workers at work
45) Council Directive 89/392/EEC of 14 June 1989 relating
to machinery, modified by Directive 98/37/EC
46) Council Directive 89/686/EEC of 21 December
1989 relating to personal protective equipment
47) Council Decision 90/518/EEC of 24 September
1990 concerning the conclusion of an Agreement
between the European Economic Community, on
the one hand, and the Republic of Austria, the
Republic of Finland, the Republic of Iceland, the
Kingdom of Norway, the Kingdom of Sweden and
the Swiss Confederation, on the other, laying down
a procedure for the exchange of information in the
field of technical regulations
48) Directive 95/16/EC of the European Parliament
and of the Council of 29 June 1995 relating to lifts,
modified by Directive 2006/42/EC (recast)
49) Directive 95/46/EC of the European Parliament and
of the Council of 24 October 1995 on the protection
of individuals with regard to the processing of
personal data and on the free movement of such
data (see also Regulation 45/2001/EC)
50) Directive 97/23/EC of the European Parliament and
of the Council of 29 May 1997 concerning pressure
equipment
51) Commission Decision 98/500/EC of 20 May
1998 on the establishment of Sectoral Dialogue
Committees promoting the Dialogue between the
social partners at European level
52) Directive 98/34/EC of the European Parliament
and of the Council of 22 June 1998 laying down
a procedure for the provision of information in
the field of technical standards and regulations,
U I T P A N D E U R O P E A N R A I L L E G I S L AT I O N
 repealing Directives 83/189/EEC, 88/182/EEC,
94/10/EC and modified by Directive 98/48/EC
53) Directive 98/37/EC of the European Parliament
and of the Council of 22 June 1998 relating to
machinery, and amending Directive 89/392/EEC
54) Directive 98/48/EC of the European Parliament and
of the Council of 20 July 1998 amending Directive
98/34/EC laying down a procedure for the provision
of information in the field of technical standards
and regulations, and enlarging the scope to the
rules relevant to information society services
55) Regulation 1073/1999/EC of the European
Parliament and of the Council of 25 May 1999
concerning investigations conducted by the
European Anti-Fraud Office (OLAF)
56) Council Decision 1999/468/EC of 28 June 1999
laying down the procedures for the exercise of
implementing powers conferred on the Commission,
modified by Regulation 1882/2003/EC
57) Directive 2000/9/EC of the European Parliament
and of the Council of 20 March 2000 relating to
cableway installations designed to carry persons
58) Regulation 45/2001/EC of the European Parliament
and of the Council of 18 December 2000 on
the protection of individuals with regard to the
processing of personal data by the Community
institutions and bodies and on the free movement
of such data (see also Directive 95/46/EC)
59) Council Directive 2001/23/EC of 12 March 2001
relating to the safeguarding of employees’ rights in
the event of transfers of undertakings, businesses
or parts of undertakings or businesses
60) Regulation 1882/2003/EC of the European
Parliament and of the Council of 29 September
2003 adapting to Decision 1999/468/EC the
provisions relating to committees which assist the
Commission in the exercise of its implementing
powers laid down in instruments subject to the
procedure referred to in Article 251 of the EC
Treaty
61) Directive 2003/88/EC of the European Parliament
and of the Council of 4 November 2003 concerning
certain aspects of the organisation of working
time repealing Directive 2000/34/CE (carriage of
passengers on regular urban transport services
March 2008
remains a sector excluded), and modified by
Directive 2005/47/EC
62) Council Directive 2003/96/EC of 27 October 2003
restructuring the Community framework for the
taxation of energy products and electricity (see also
COM(2007) 52)
63) Communication from the Commission to the
Council and the European Parliament COM(2004)
702 on Critical Infrastructure Protection in the fight
against terrorism
64) Directive 2004/108/EC of the European Parliament
and of the Council of 15 December 2004 relating
to electromagnetic compatibility and repealing
Directive 89/336/EEC
65) Council Directive 2005/47/EC of 18 July 2005
on the Agreement between the Community of
European Railways (CER) and the European Transport
Workers’ Federation (ETF) on certain aspects of the
working conditions of mobile workers engaged in
interoperable cross-border services in the railway
sector
66) Directive 2006/42/EC of the European Parliament
and of the Council of 17 May 2006 on machinery,
and amending Directive 95/16/EC (recast) (Text
with EEA relevance)
67) Proposal COM(2007) 52 for a Council Directive
amending Directive 2003/96/EC as regards the
adjustment of special tax arrangements for gas oil
used as motor fuel for commercial purposes [...]
68) Directive 2007/2/EC of the European Parliament
and of the Council of 14 March 2007 establishing
an Infrastructure for Spatial Information in the
European Community (INSPIRE)
Provisions, rules and procedures related
to procurement and contracts in the
transport sector
69) Council Regulation 1017/68/EEC of 19 July 1968
applying rules of competition to the transport
by rail, road and inland waterway amended by
Regulation 1/2003/EC of 16 December 2002
70) Council Regulation 1191/69/EEC of 26 June
1969 on action by Member States concerning the
25
 obligations inherent in the concept of a public
service in transport by rail, road and inland
waterway, modified by Regulation 1893/91/EEC
and repealed by Regulation 1370/2007/EC (from 3
December 2009)
71) Regulation 1192/69/EEC of the Council of 26 June
1969 on common rules for the normalisation of the
accounts of railway undertakings
72) Council Regulation 1107/70/EEC of 4 June 1970
on the granting of aids for transport by rail, road
and inland waterway, modified by 1473/75/
EEC, 1658/82/EEC, 1100/89/EEC, 3578/92/EEC,
2255/96/EEC and 543/97/EEC and repealed by
Regulation 1370/2007/EC (from 3 December
2009)
73) Commission Directive 80/723/EEC of 25 June 1980
on the transparency of financial relations between
Member States and public undertakings
74) Council Regulation 1893/91/EEC of 20 June 1991
amending Regulation 1191/69/EEC on action by
Member States concerning the obligations inherent
in the concept of a public service in transport by
rail, road and inland waterway and repealed by
Regulation 1370/2007/EC (from 3 December
2009)
75) Council Directive 92/13/EEC of 25 February
1992 coordinating the laws, regulations and
administrative provisions relating to the application
of Community rules on the procurement procedures
of entities operating in the water, energy, transport
and telecommunications sectors
76) Council Decision 94/800/EC of 22 December
1994 concerning the conclusion on behalf of the
European Community, as regards matters within
its competence, of the agreements reached in the
Uruguay Round multilateral negotiations (1986-
1994)
77) Council Regulation 1/2003/EC of 16 December 2002
on the implementation of the rules on competition
laid down in Articles 81 and 82 of the Treaty, and
amending Regulation 1017/68/EEC (text with EEA
relevance)
78) Directive 2004/17/EC of the European Parliament
and of the Council of 31 March 2004 coordinating
the procurement procedures of entities operating
in the water, energy, transport and postal services
sectors, and repealing Directive 93/38/EC, and
modified by Regulation 1422/2007/EC
26
79) Directive 2004/18/EC of the European Parliament
and of the Council of 31 March 2004 on the
coordination of procedures for the award of public
works contracts, public supply contracts and public
service contracts, repealing Directives 92/50/EEC
(except Article 41), 93/36/EEC and 93/37/EEC, and
modified by Regulation 1422/2007/EC
80) Regulation 1370/2007/EC of the European
Parliament and of the Council of 23 October 2007
on public passenger transport services by rail and
by road and repealing Regulations 1191/69/EEC
and 1107/70/EEC
81) Commission Regulation 1422/2007/EC of 4
December 2007 amending Directives 2004/17/EC
and 2004/18/EC in respect of their application
thresholds for the procedures for the award of
contracts (text with EEA relevance)
82) Communication COM(2007) 799 from the
Commission to the European Parliament, the
Council, the European Economic and Social
Committee and the Committee of the Regions of
14 December 2007: “Pre-commercial Procurement:
Driving innovation to ensure sustainable high
quality public services in Europe”
Rail-specific legislation
Legislation on market opening and
interoperability in the railway sector
83) Council Directive 91/440/EEC of 29 July 1991 on
the development of the Community’s railways,
modified by Directives 2001/12/EC, 2004/51/EC
and 2007/58/EC
84) Council Directive 95/18/EC of 19 June 1995 on
the licensing of railway undertakings, modified by
Directives 2001/13/EC and 2004/49/EC
85) Council Directive 96/48/EC of 23 July 1996 on the
interoperability of the trans-European high-speed
rail system, modified by Directive 2004/50/EC
86) Decision 1692/96/EC of the European Parliament
and of the Council of 23 July 1996 on Community
guidelines for the development of the trans-
European transport network, modified by Decision
884/2004/EC
U I T P A N D E U R O P E A N R A I L L E G I S L AT I O N
The first railway package and related
legislation
87) Directive 2001/12/EC of the European Parliament
and of the Council of 26 February 2001 amending
Directive 91/440/EEC on the development of the
Community’s railways
88) Directive 2001/13/EC of the European Parliament
and of the Council of 26 February 2001 amending
Directive 95/18/EC on the licensing of railway
undertakings
89) 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, modified by
Decision 2002/844/EC and Directives 2004/49/EC
and 2007/58/EC
90) Directive 2001/16/EC of the European Parliament
and of the Council of 19 March 2001 on the
interoperability of the trans-European conventional
rail system, modified by Directive 2004/50/EC,
complemented by Decisions related to Technical
Specifications for Interoperability (only the
Decisions impacting urban, suburban or regional
railway networks are mentioned below)
91) Commission Decision 2002/844/EC of 23 October
2002 amending Directive 2001/14/EC in respect of
the date for changing the working timetable for rail
transport
92) Commission Decision 2004/447/EC of 29 April
2004 modifying Annex A to Decision 2002/731/
EC of 30 May 2002 and establishing the main
characteristics of Class A system (ERTMS) of the
control-command and signaling subsystem of the
trans-European conventional rail system referred to
in Directive 2001/16/EC
93) Commission Decision 2006/66/EC of 23 December
2005 concerning the technical specification for
interoperability relating to the subsystem rolling
stock — noise of the trans-European conventional
rail system (text with EEA relevance)
94) Commission Decision 2006/679/EC of 28 March
2006 concerning the technical specification for
interoperability relating to the control-command
March 2008
and signaling subsystem of the trans-European
conventional rail system (text with EEA relevance)
95) 2006/920/EC: Commission Decision of 11 August
2006 concerning the technical specification of
interoperability relating to the subsystem Traffic
Operation and Management of the trans-European
conventional rail system (text with EEA relevance)
96) 2007/153/EC: Commission Decision of 6 March
2007 modifying Annex A to Decision 2006/679/
EC concerning the technical specification for
interoperability relating to the control-command
and signaling subsystem of the trans-European
conventional rail system and Annex A to Decision
2006/860/EC concerning the technical specification
for interoperability relating to the control-command
and signaling subsystem of the trans-European high
speed rail system (text with EEA relevance)
97) Commission Directive 2007/32/EC of 1 June 2007
amending Annex VI to Directive 96/48/EC on the
interoperability of the trans-European high-speed
rail system and Annex VI to Directive 2001/16/
EC on the interoperability of the trans-European
conventional rail system (text with EEA relevance)
The second railway package and related
legislation
98) Regulation 881/2004/EC of the European Parliament
and of the Council of 29 April 2004 establishing a
European Railway Agency
99) Directive 2004/49/EC of the European Parliament
and of the Council of 29 April 2004 on safety on
the Community’s railways and amending Directives
95/18/EC and 2001/14/EC
100) Directive 2004/50/EC of the European Parliament
and of the Council of 29 April 2004 amending
Directives 96/48/EC and 2001/16/EC on the
interoperability of the trans-European rail system
101) Directive 2004/51/EC of the European Parliament
and of the Council of 29 April 2004 amending
Directive 91/440/EEC on the development of the
Community’s railways
102) Decision 884/2004/EC of the European Parliament
and of the Council of 29 April 2004 amending
27
 Decision 1692/96/EC on Community guidelines for
the development of the trans-European transport
network
103) Commission Regulation 653/2007/EC of 13 June
2007 on the use of a common European format for
safety certificates and application documents in
accordance with Article 10 of Directive 2004/49/EC
and on the validity of safety certificates delivered
under Directive 2001/14/EC (text with
relevance)
The third railway package
104) Directive 2007/58/EC of the European Parliament
and of the Council of 23 October 2007 amending
Directive 91/440/EEC on the development of the
Community’s railways and Directive 2001/14/EC
on the allocation of railway infrastructure capacity
and the levying of charges for the use of railway
infrastructure
105) Communication COM(2004) 140 from
Commission of 3 March 2004: “Further integration
of the European rail system: third railway package”
106) Directive 2007/59/EC of the European Parliament
and of the Council of 23 October 2007 on the
certification of train drivers operating locomotives
and trains on the railway system in the Community
107) Regulation 1371/2007/EC of the European
Parliament and of the Council of 23 October 2007
on rail passengers’ rights and obligations
Other railway legislation
108) Regulation 91/2003/EC of the European Parliament
and of the Council of 16 December 2002 on rail
transport statistics, modified by Regulation
1192/2003/EC
109) Regulation 1192/2003/EC of the European
Parliament and of the Council of 3 July 2003
amending Regulation 91/2003/EC on rail transport
statistics
110) Proposal COM(2003) 696 final of 5 March 2003 for a
Council decision on the conclusion by the European
Community of the Agreement on the Accession
of the European Community to the Convention
concerning International Carriage by Rail (COTIF) of
9 May 1980, as amended by the Vilnius Protocol of
3 June 1999
28
111) Council Directive 2005/47/EC of 18 July 2005
on the Agreement between the Community of
European Railways (CER) and the European Transport
Workers’ Federation (ETF) on certain aspects of the
working conditions of mobile workers engaged in
interoperable cross-border services in the railway
sector
112) Council Directive 2006/103/EC of 20 November
EEA 2006 adapting certain Directives in the field of
transport policy, by reason of the accession of
Bulgaria and Romania
The “third twice” railway package
113) Communication COM(2006) 782 of the Commission
to the Council and the European Parliament of 13
December 2006: “Facilitating the movement of
locomotives across the European Union”
114) Proposal COM(2006) 783 for a Directive of the
European Parliament and of the Council of 13
the December 2006 on the interoperability of the
Community rail system (adopted in first reading by
the Parliament on 11 December 2007)
115) Proposal COM(2006) 784 for a Directive of the
European Parliament and of the Council of 13
December 2006 amending Directive 2004/49/EC
on safety on the Community’s railways
116) Proposal COM(2006) 785 for a Regulation of the
European Parliament and of the Council of 13
December 2006 amending Regulation 881/2004/
EC establishing a European Railway Agency
U I T P A N D E U R O P E A N R A I L L E G I S L AT I O N
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