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 railwaysCorrigendum 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), 32001L001232001L0012R(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, 12003T, 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 railwaysCorrigendum to Directive 2004/51/EC of the European Parliament and of the Council of 29 April 2004 amending Council Directive 91/440/EEC on the development of the Community's railways(Official Journal of the European Union L 164 of 30 April 2004), 32004L005132004L0051R(01), 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, 32006L0103, 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, 32007L0058, December 3, 2007
  • Directive 2012/34/EU of the European Parliament and of the Councilof 21 November 2012establishing a single European railway area(recast)(Text with EEA relevance), 32012L0034, December 14, 2012
Corrected by
  • Corrigendum to Council Directive 91/440/EEC of 29 July 1991 on the development of the Community's railways, 31991L0440R(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, 32001L0012R(01), December 18, 2001
  • Corrigendum to Directive 2004/51/EC of the European Parliament and of the Council of 29 April 2004 amending Council Directive 91/440/EEC on the development of the Community's railways, 32004L0051R(01), June 21, 2004
Council Directiveof 29 July 1991on the development of the Community's railways(91/440/EEC) SECTION IScope and Definitions
Article 1The aim of this Directive is to facilitate the adaptation of the Community railways to the needs of the Single Market and to increase their efficiency;by ensuring the management independance of railway undertakings;by separating the management of railway operation and infrastructure from the provision of railway transport services, separation of accounts being compulsory and organizational or institutional separation being optional,by improving the financial structure of undertakings,by ensuring access to the networks of Member states for international groupings of railway undertakings and for railway undertakings engaged in the international combined transport of goods.
Article 21.This Directive shall apply to the management of railway infrastructure and to rail transport activities of the railway undertakings established or to be established in a Member State.2.Railway undertakings whose activity is limited to the provision of solely urban, suburban or regional services shall be excluded from the scope of this Directive.3.Undertakings the train operations of which are limited to providing solely shuttle services for road vehicles through the Channel Tunnel are excluded from the scope of this Directive except Articles 6(1), 10 and 10a.4.Member States may exclude from the scope of this Directive any railway service carried out in transit through the Community and which begins and ends outside the Community territory.
Article 3For the purpose of this Directive:"railway undertaking" shall mean any public or private undertaking licensed according to applicable Community legislation, the principal business of which is to provide services for the transport of goods and/or passengers by rail with a requirement that the undertaking must ensure traction; this also includes undertakings which provide traction only;"infrastructure manager" shall mean any body or undertaking responsible in particular for establishing and maintaining railway infrastructure. This may also include the management of infrastructure control and safety systems. The functions of the infrastructure manager on a network or part of a network may be allocated to different bodies or undertakings"railway infrastructure" shall mean all the items listed in Annex I.A to Commission Regulation (EEC) No 2598/70 of 18 December 1970 specifying the items to be included under the various headings in the forms of accounts shown in Annex I to Regulation (EEC) No 1108/70OJ No L 278, 23.12.1970, p. 1, Regulation amended by Regulation (EEC) No 2116/78 (OJ No L 246, 8.9.1978, p. 7)., with the exception of the final indent which, for the purposes of this Directive only, shall read as follows: "Buildings used by the infrastructure department","international grouping" shall mean any association of at least two railway undertakings established in different Member States for the purpose of providing international transport services between Member States;"international freight service" shall mean transport services where the train crosses at least one border of a Member State; the train may be joined and/or split and the different sections may have different origins and destinations, provided that all wagons cross at least one border"international passenger service" shall mean a passenger service where the train crosses at least one border of a Member State and where the principal purpose of the service is to carry passengers between stations located in different Member States; the train may be joined and/or split, and the different sections may have different origins and destinations, provided that all carriages cross at least one border;"urban and suburban services" shall mean 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;"transit" shall mean the crossing of the Community territory which is carried out without loading or unloading of goods, and/or without picking up of passengers nor setting them down in the Community territory;"regional services" shall mean transport services operated to meet the transport needs of a region.
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