Official Journal L 143 , 27/06/1995 P. 0075 - 0078
of 19 June 1995
on the allocation of railway
infrastructure capacity and the charging of infrastructure fees
COUNCIL DIRECTIVE 95/19/EC of 19 June 1995 on the allocation
of railway infrastructure capacity and the charging of
THE COUNCIL OF THE EUROPEAN UNION,
- Having regard to the Treaty establishing the European
Community, and in particular Article 75 thereof,
- Having regard to the proposal from the Commission (1),
- Having regard to the opinion of the Economic and Social
- Acting in accordance with the procedure laid down in
Article 189c of the Treaty (3),
- 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
- Whereas the principle of the freedom to provide services
needs to be applied in the railway sector, taking account
of the specific characteristics of that sector;
- Whereas Council Directive 91/440/EEC of 29 July 1991 on
the development of the Community's railways (4) provides
for certain access rights in international rail transport
for railway undertakings and international groupings of
- Whereas it is important to ensure that, where railway
undertakings and the international groupings which they
constitute provide the services referred to in Article 10
of Directive 91/440/EEC, they benefit fully from the new
access rights and whereas, to this end, it is appropriate
to establish a system for the allocation of railway
infrastructure and the charging of infrastructure fees
which is non-discriminatory and uniform throughout the
- Whereas the scope of Directive 91/440/EEC should be
maintained, including the exceptions laid down therein
for regional, urban and suburban services, and whereas it
should be specified that transport operations in the form
of shuttle services through the Channel Tunnel are also
excluded from the scope of that Directive;
- Where, pursuant to the principle of subsidiarity, it is
appropriate that the Community lay down the broad
principles of such a system, leaving it to the Member
States to put in place the detailed rules for the
relevant practical implementation;
- Whereas the Member States should ensure sufficient
flexibility as regards the allocation of infrastructure
capacity to allow efficient and optional use of the
- Whereas, however, it is necessary to grant certain
priority rights with regard to the allocation of
infrastructure capacity, notably for public services and
services provided on a specific railway infrastructure;
- Whereas it is also necessary to provide for the
possibility of granting special rights in allocating
infrastructure capacity if those rights are essential to
ensure adequate transport services or to allow the
financing of new infrastructure;
- Whereas the accounts of the infrastructure manager should
be in balance so that infrastructure expenditure can be
- Whereas, furthermore, it is necessary to define
non-discriminatory rules as regards the charging of
infrastructure fees in the same market;
- Whereas efficient use of infrastructure capacity requires
that fees be fixed according to a common set of general
- Whereas, out of a general concern for transparency and
non-discrimination, common rules should be adopted
concerning the procedures for the allocation of
infrastructure capacity and the charging of
- Whereas, in the interests of traffic safety, railway
undertakings must, in order to have access to a
particular infrastructure, hold a certificate of safety
based on certain common criteria and on national
provisions, issued by the body competent for the
infrastructure used; whereas they must also conclude with
the infrastructure manager the requisite technical,
administrative and financial agreements;
- Whereas it is necessary to guarantee possibilities for
making an appeal before an independent body against
decisions taken by the authorities and bodies competent
as regards the allocation of infrastructure capacity and
the charging of infrastructure fees; whereas this
possibility for making an appeal is required in
particular to resolve any conflicts of interest in cases
where an infrastructure manager is at the same time a
transport services operator and is responsible for
allocating train paths and/or collecting infrastructure
HAS ADOPTED THIS DIRECTIVE:
Objective and scope
- 1. The purpose of this Directive is to define the
principles and procedures to be applied with regard to
the allocation of railway infrastructure capacity and the
charging of infrastructure fees for railway undertakings
which are or will be established in the Community and the
international groupings which they form, where such
undertakings and groupings carry out services referred to
in Article 10 of Directive 91/440/EEC under the
conditions laid down in that Article.
- 2. Railway undertakings the activities of which are
limited to the operation of urban, suburban and regional
services shall be excluded from the scope of this
- Railway undertakings and international groupings the
business of which is limited to providing shuttle
services for road vehicles through the Channel Tunnel are
also excluded from the scope of this Directive.
- 3. Railway infrastructure capacity shall be granted in
the form of the allocation of train paths in accordance
with Community and national law.
For the purpose of this Directive:
- (a) 'railway undertaking' means any public or private
undertaking the main business of which is to provide rail
transport services for goods and/or passengers, with a
requirement that the undertaking must ensure traction;
- (b) 'international grouping' means any association of at
least two railway undertakings established in different
Member States for the purpose of providing international
transport services between Member States;
- (c) 'infrastructure manager' means any public body or
undertaking responsible in particular for establishing
and maintaining railway infrastructure, as well as for
operating the control and safety systems;
- (d) 'train path' means the infrastructure capacity needed
to run a train between two places at a given time;
- (e) 'allocation' means the allocation of railway
infrastructure capacity by an allocation body;
- (f) 'allocation body' means the authority and/or
infrastructure manager designated by the Member States
for the allocation of infrastructure capacity.
Allocation of railway infrastructure
Each Member State shall designate the allocation body in
accordance with the requirements of this Directive. In
particular, the allocation body, which shall be informed of all
train paths available, shall ensure that:
railway infrastructure capacity is allocated on a fair
and non-discriminatory basis and that,
subject to Articles 4 and 5, the allocation procedure
allows optimum effective use the infrastructure.
1. Member States may take the necessary measures to ensure
that priority is given to the following rail services in the
allocation of railway infrastructure capacity:
- (a) services provided in the interest of the public, as
defined in Council Regulation (EEC) No 1191/69 of 26 June
1969 on action by Member States concerning the
obligations inherent in the concept of a public service
in transport by rail, road and inland waterway (5);
- (b) services wholly or partly operated on infrastructure
constructed or developed for certain specific services
(specialized high-speed or freight lines), without
prejudice to Articles 85, 86 and 90 of the Treaty.
This provision shall apply without discrimination to all
services within the scope of Article 1 having comparable
characteristics and providing similar services.
2. With regard to services provided under paragraph 1 (a), Member
States may compensate the infrastructure manager for any
financial losses incurred due to the imposition of a certain
infrastructure capacity allocation in the interests of public
Member States may grant special rights as regards
infrastructure capacity allocation on a non-discriminatory basis
to railway undertakings operating certain types of services or in
certain areas if such rights are indispensable to ensure adequate
public services or efficient use of infrastructure capacity or to
allow the financing of new infrastructures, without prejudice to
Articles 85, 86 and 90 of the Treaty.
Charging of infrastructure fees
1. The accounts of an infrastructure manager shall, under
normal business conditions over a reasonable time period, at
least balance income from infrastructure fees plus State
contributions on the one hand and infrastructure expenditure on
2. The infrastructure manager may finance infrastructure
development including provision or renewal of capital assets, and
may make a return on capital employed.
There shall be no discrimination in the charging for services
of an equivalent nature in the same market.
After consulting the infrastructure manager, Member States shall
lay down the rules for determining the infrastructure fees. These
rules shall provide the infrastructure manager with the facility
to market the available infrastructure capacity efficiently.
1. The fees charged by the infrastructure manager shall be
fixed according to the nature of the service, the time of the
service, the market situation and the type and degree of wear and
tear of the infrastructure.
2. As regards the procedures for the payment of fees, Member
States may provide for the possibility that a global agreement be
concluded with the infrastructure manager as regards public
services, in accordance with Regulation (EEC) No 1191/69.
- 1. The fees shall be paid to the infrastructure
- 2. Member States may require the infrastructure manager
to provide all the information on the fees necessary to
satisfy them that they are charged on a
- 3. The infrastructure manager shall inform railway
undertakings using its infrastructure to provide services
referred to in Article 10 of Directive 91/440/EEC in good
time of any major changes in the quality or capacity of
the infrastructure concerned.
- 1. Member States shall lay down the procedures for the
allocation of railway infrastructure capacity referred to
in Article 1 (3). They shall publish their procedural
rules and inform the Commission thereof.
- 2. An application for infrastructure capacity shall be
submitted to the allocation body of the Member State on
the territory of which the departure point of the service
concerned is situated.
- 3. The allocation body to which an application has been
submitted shall immediately inform the other allocation
bodies concerned of this request. The latter shall take a
decision as soon as possible but no later than one month
after all relevant information has been submitted; each
allocation body shall have the right to refuse an
application. They shall immediately inform the allocation
body to which the request has been submitted.
- The allocation body to which an application has been
submitted shall, together with the other allocation
bodies concerned, take a decision on the application as
soon as possible, but no later than two months after all
relevant information has been submitted.
- An application which has been refused on the grounds of
insufficient capacity shall be reconsidered at the next
time-table adjustment for the routes concerned if the
applicant undertaking so requests. The dates for such
adjustments and other administrative arrangements shall
be available to interested parties.
- The decision shall be communicated to the applicant
undertaking. A refusal shall indicate the reason
- 4. An applicant undertaking may directly contact the
other allocation bodies concerned with this request on
condition that the allocation body to which the
application has been submitted is informed.
- 5. The railway undertakings to which railway
infrastructure capacity is allocated shall conclude the
necessary administrative, technical and financial
agreements with the infrastructure managers.
- 1. The Member States shall provide that in addition a
safety certificate in which the railway undertakings'
safety requirements are set out be submitted in order to
ensure safe service on the routes concerned.
- 2. In order to obtain the safety certificate, the railway
undertaking must comply with the regulations under
national law, compatible with Community law and applied
in a non-discriminatory manner, laying down the technical
and operational requirements specific to rail services
and the safety requirements applying to staff, rolling
stock and the undertaking's internal organization.
- In particular, it must provide proof that the staff whom
it employs to operate and accompany the trains providing
services referred to in Article 10 of Directive
91/440/EEC has the necessary training to comply with the
traffic rules applied by the infrastructure manager and
to meet the safety requirements imposed on it in the
interests of train movement.
- The railway undertaking must also prove that the rolling
stock comprising these trains has been approved by the
public authority or by the infrastructure manager and
checked in accordance with the operating rules applicable
to the infrastructure used. The safety certificate shall
be issued by the authority designated for the purpose by
the Member State in which the infrastructure used is
Member States may provide for the possibility that
applications for infrastructure access are accompanied by a
deposit or similar security.
If an applicant does not make use of an allocated train path, an
amount may be deducted from the deposit which represents the cost
incurred in processing the application and any subsequent loss of
earnings due to the non-use of the infrastructure capacity
concerned. In the other cases, the deposit/security shall be
returned in its entirety.
1. Member States shall take the measures necessary to ensure
that decisions on the allocation of infrastructure capacity or
the charging of fees shall be open to appeal before an
independent body when so requested in writing by a railway
undertaking. This body shall take its decision within two months
of the submission of all relevant information.
2. Member States shall take the measures necessary to ensure that
decisions taken in accordance with paragraph 1 are subject to
- 1. The Commission shall, two years after the application
of this Directive, submit to the Council a report,
accompanied - if necessary - by proposals regarding
continued Community action, with particular regard to the
possibility of enlarging the scope of the Directive.
- 2. Member States shall adopt the laws, regulations and
administrative provisions necessary to comply with this
Directive not later than two years following the date of
the entry into force of this Directive. They shall
forthwith inform the Commission thereof.
- 3. When Member States adopt the provisions referred to in
paragraph 2, they shall contain a reference to this
Directive or be accompanied by such reference at the time
of their official publication. The methods of making such
reference shall be laid down by the Member States.
This Directive shall enter into force on the date of its
publication in the Official Journal of the European Communities.
This Directive is addressed to the Member States.
Done at Luxembourg, 19 June 1995.
For the Council
- (1) OJ No C 24, 28. 1. 1994, p. 2 and OJ No C 225, 13. 8.
1994, p. 11.
- (2) Opinion delivered on 14 September 1994 (OJ No C 393,
31. 12. 1994, p. 56).
- (3) Opinion of the European Parliament of 3 May 1994 (OJ
No C 205, 25. 7. 1994, p. 38), Council Common Position of
21 November 1994 (OJ No C 354, 13. 12. 1994, p. 19) and
Decision of the European Parliament of 14 March 1995 (OJ
No C 89, 10. 4. 1995, p. 31).
- (4) OJ No L 237, 24. 8. 1991, p. 25.
- (5) OJ No L 156, 28. 6. 1969, p. 1. Regulation as last
amended by Regulation (EEC) No 1893/91 (OJ No L 169, 29.
6. 1991, p. 1).