| 2) | Article 10 shall be amended as follows:
| (a) | paragraph 3 shall be replaced by the following:
| “3. | Railway undertakings within the scope of Article 2 shall be granted, on equitable conditions, access to the Trans-European Rail Freight Network defined in Article 10a and in Annex I and, at the latest by 1 January 2006, to the entire rail network, for the purpose of operating international freight services.
In addition, at the latest by 1 January 2007, railway undertakings within the scope of Article 2 shall be granted, on equitable conditions, access to the infrastructure in all Member States for the purpose of operating all types of rail freight services.”;
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| (b) | paragraph 5 shall be replaced by the following:
| “5. | Any railway undertaking engaged in rail transport services shall conclude the necessary agreements on the basis of public or private law with the infrastructure managers of the railway infrastructure used. The conditions governing such agreements shall be non-discriminatory and transparent, in conformity with the provisions of 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. (13); |
(13) OJ L 75, 15.3.2001, p. 29. Directive as amended by Commission Decision 2002/844/EC (OJ L 289, 26.10.2002, p. 30).”"
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| (c) | paragraph 6 shall be replaced by the following:
| “6. | Track access to, and supply of services in, the terminals and ports linked to rail activities referred to in paragraphs 1,2 and 3, serving or potentially serving more than one final customer, shall be provided to all railway undertakings in a non-discriminatory and transparent manner and requests by railway undertakings may be subject to restrictions only if viable alternatives by rail under market conditions exist.”; |
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| (d) | paragraph 8 shall be replaced by the following:
| “8. | By 1 January 2006, the Commission shall submit to the European Parliament, the European Economic and Social Committee, the Committee of the Regions and the Council a report on the implementation of this Directive.
This report shall address:
| — | implementation of this Directive in the Member States and the effective working of the various bodies involved, |
| — | market development, in particular international traffic trends, activities and market share of all market actors, including new entrants, |
| — | impact on the overall transport sector, in particular as regards modal shift, |
| — | impact on the level of safety in each Member State, |
| — | working conditions in the sector, for each Member State. |
If necessary, it shall be accompanied by suitable proposals or recommendations on continuing Community action to develop the railway market and the legal framework governing it”;
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