Council Directive 91/440/EEC of 29 July 1991 on the development of the Community's railways
Modified by
Directive 2001/12/EC of the European Parliament and of the Councilof 26 February 2001amending Council Directive 91/440/EEC on the development of the Community's railways
Corrigendum to Directive 2001/12/EC of the European Parliament and of the Council of 26 February 2001 amending Council Directive 91/440/EEC on the development of the Community's railways(Official Journal of the European Communities L 75 of 15 March 2001), 301L0012301L0012R(01), March 15, 2001
Actconcerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, 103T, September 23, 2003
Directive 2004/51/EC of the European Parliament and of the Councilof 29 April 2004amending Council Directive 91/440/EEC on the development of the Community’s railways, 304L0051, June 21, 2004
Council Directive 2006/103/ECof 20 November 2006adapting certain Directives in the field of transport policy, by reason of the accession of Bulgaria and Romania, 306L0103, December 20, 2006
Directive 2007/58/EC of the European Parliament and of the Councilof 23 October 2007amending Council 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, 307L0058, December 3, 2007
Corrected by
Corrigendum to Council Directive 91/440/EEC of 29 July 1991 on the development of the Community's railways, 391L0440R(03), November 6, 1991
Corrigendum to Directive 2001/12/EC of the European Parliament and of the Council of 26 February 2001 amending Council Directive 91/440/EEC on the development of the Community's railways, 301L0012R(01), December 18, 2001
Council Directiveof 29 July 1991on the development of the Community's railways(91/440/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 thereof,Having regard to the proposal from the CommissionOJ No C 34, 14.2.1990, p. 8 and OJ No C 87, 4.4.1991, p. 7.,Having regard to the opinion of the European ParliamentOJ No C 19, 28.1.1991, p. 254.,Having regard to the opinion of the Economic and Social CommitteeOJ No C 225, 10.9.1990, p. 27.,Whereas greater integration of the Community transport sector is an essential element of the internal market, and whereas the railways are a vital part of the Community transport sector;Whereas the efficiency of the railway system should be improved, in order to integrate it into a competitive market, whilst taking account of the special features of the railways;Whereas, in order to render railway transport efficient and competitive as compared with other modes of transport, Member States must guarantee that railway undertakings are afforded a status of independent operators behaving in a commercial manner and adapting to market needs;Whereas the future development and efficient operation of the railway system may be made easier if a distinction is made between the provision of transport services and the operation of infrastructure; whereas given this situation, it is necessary for these two activities to be separately managed and have separate accounts;Whereas, in order to boost competition in railway service management in terms of improved comfort and the services provided to users, it is appropriate for Member States to retain general responsibility for the development of the appropriate railway infrastructure;Whereas, in the absence of common rules on allocation of infrastructure costs, Member States shall, after consulting the infrastructure management, lay down rules providing for the payment by railway undertakings and their groupings for the use of railway infrastructure; whereas such payments must comply with the principle of non-discrimination between railway undertakings;Whereas Member States should ensure in particular that existing publicly owned or controlled railway transport undertakings are given a sound financial structure, whilst taking care that any financial rearrangement as may be necessary shall be made in accordance with the relevant rules laid down in the Treaty;Whereas, in order to facilitate transport between Member States, railway undertakings should be free to form groupings with railway undertakings established in other Member States;Whereas, such international groupings should be granted rights of access and transit in the Member States of establishment of their constituent undertakings, as well as transit rights in other Member States as required for the international service concerned;Whereas, with a view to encouraging combined transport, it is appropriate that access to the railway infrastructure of the other Member States should be granted to railway undertakings engaged in the international combined transport of goods;Whereas it is necessary to establish an advisory committee to monitor and assist the Commission with the implementation of this Directive;Whereas, as a result, Council Directive 75/327/EEC of 20 May 1975 on the improvement of the situation of railway undertakings and the harmonization of rules governing financial relations between such undertakings and StatesOJ No L 152, 12.6.1975, p. 3. should be repealed,HAS ADOPTED THIS DIRECTIVE: