Brussels, 19/12/2006 (Agence Europe) - The European Parliament's transport committee wants to open national passenger transport up to competition on 1 January 2017. By adopting this position on 19 December, the parliamentary committee has clearly distanced itself from the Council (as well as the European Commission), which has always opposed liberalisation of national passenger transport. MEPs also decided to expand the field of application for two other proposals: on certification of train drivers and the rights and responsibilities of international train passengers, contained in the third railway package, and all this with the total opposition of the Council. In the event that the EP follows the line of its committee when the dossier is sent to the plenary (in principle in January), the conciliation procedure will be inevitable.
The very politically sensitive report by German Christian Democrat Georg Jarzembowski on the development of Community railways (draft directive) was not the subject of a referendum, as were those of his two colleagues (see below). Adopted by 30 votes in favour, 10 against, with three abstentions, it intends to open international passenger rail transport up to competition on 1 January 2010, as sought by the Commission and Council, with the opening up to competition of national passenger transport on 1 January 2017. New Member States will have an additional five year deadline for liberalising national passenger transport. This is much later than what the rapporteur had initially proposed in his deadline of 1 January 2008 for international services and 1 January 2012, indeed, 2015, for national services. This was also done in the face of total opposition from the Council, which refused to liberalise national passenger transport. The EP transport committee authorised cabotage between 2010-17 for international lines, while getting rid of the safeguard clause included by the Council to prevent this cabotage right becoming a green light to total liberalisation of national lines. MEPs, however, maintained but slightly amended the clause allowing for the limitation of line access rights on lines that are subject to public service obligations. They also upheld the rights of Member States to demand payments on national lines that form part of an international service, while demanding the same payments from national operators operating the same national lines. This is aimed at preventing international services having to foot the bill for failing national services. MEPs are calling on the Commission to present by 31 December at the latest, a report analysing the preparedness for opening up the national passenger service markets and, if needs be, supplementary measures for facilitating this opening up. The Commission will be submitting by 1 January 2018 at the latest, a report on implementation of provisions on public service obligations.
Adopted by unanimity, the report by French Socialist Gilles Savary on certification of train drivers stipulates that the directive will apply not only to train drivers but also to other members of staff on board who are responsible for security related tasks. In this respect, the parliamentary committee opposes the Council's request for the proposal's field of application to be limited to train drivers. Although the latter will have to have a licence that is recognised throughout the EU, the committee envisages a certification system that is less binding for other train personnel but which will be expected to cover their medical and professional aptitudes for completing their duties. The European Railway Agency (ERA) will have to define (in a report to be presented a year after entry into force of the directive) the profile and tasks of train personnel. If a member of staff changes employer within a period of five years, the new employer will have to reimburse the former employer for training costs on a pro rata basis for the number of years spent at the former.
The report of Belgian Liberal Dirk Sterckx was adopted by an overwhelming majority (44 for, 1 against) on the rights and responsibilities of international rail passengers. This extends the draft regulation's field of application to national passengers, so that all travellers benefit from the same rights. Nevertheless, it allows Member States that have to “make a lot of effort” in adapting to the provisions of the regulation, not to have to apply these provisions to national services for a maximum period of ten years. The committee also increased the responsibility of rail companies in the event of passengers dying or being injured. A company is not responsible if it can prove that it was not negligent or at fault in any way. The committee also plans for compensation to be paid to season ticket passengers that suffer “short and successive delays over a specific period”. The committee also clarified provisions in favour of disabled passengers. (dt)