Regulation 2016/2338 - Amendment of Regulation (EC) No 1370/2007 concerning the opening of the market for domestic passenger transport services by rail - Main contents
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official title
Regulation (EU) 2016/2338 of the European Parliament and of the Council of 14 December 2016 amending Regulation (EC) No 1370/2007 concerning the opening of the market for domestic passenger transport services by rail (Text with EEA relevance )| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2016/2338 |
| Original proposal | COM(2013)28  |
| CELEX number i | 32016R2338 |
| Document | 14-12-2016; Date of signature |
|---|---|
| Publication in Official Journal | 23-12-2016; OJ L 354 p. 22-31 |
| Signature | 14-12-2016 |
| Effect | 24-12-2017; Entry into force See Art 2 |
| End of validity | 31-12-9999 |
23.12.2016 |
EN |
Official Journal of the European Union |
L 354/22 |
REGULATION (EU) 2016/2338 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 14 December 2016
amending Regulation (EC) No 1370/2007 concerning the opening of the market for domestic passenger transport services by rail
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Having regard to the opinion of the Committee of the Regions (2),
Acting in accordance with the ordinary legislative procedure (3),
Whereas:
(1) |
Rail transport has the potential to grow and increase its modal share and to play a major role in a sustainable transport and mobility system, creating new investment opportunities and jobs. However, the growth of passenger transport services by rail has not kept pace with the evolution of other modes of transport. |
(2) |
The Union market for international passenger transport services by rail has been open to competition since 2010. In addition, some Member States have opened their domestic passenger services to competition, by introducing open access rights, or tendering for public service contracts, or both. The opening of the market for domestic passenger services by rail should have a positive impact on the functioning of the single European railway area, leading to better services for users. |
(3) |
In its White Paper on transport of 28 March 2011 the Commission announced its intention to complete the internal market for rail services, abolishing technical, administrative and legal obstacles which impede entry to the railway market. |
(4) |
The completion of the single European railway area should further the development of rail transport as a credible alternative to other modes of transport, inter alia, in terms of price and quality. |
(5) |
A specific objective of this Regulation is to enhance the quality, transparency, efficiency and performance of public passenger transport services by rail. |
(6) |
Services at cross-border level provided under public services contracts, including public transport services covering local and regional transport needs, should be subject to the agreement of the competent authorities of the Member States on whose territory the services are provided. |
(7) |
Competent authorities should define specifications of public service obligations in public passenger transport. Such specifications should be consistent with the policy objectives as stated in public transport policy documents in the Member States. |
(8) |
Specifications of public service obligations in public passenger transport should, where possible, generate positive network effects, inter alia, in terms of improved quality of services, social and territorial cohesion or the overall efficiency of the public transport system. |
(9) |
Public service obligations should be in line with public transport policy. However, this does not entitle the competent authorities to receive a specific amount of funding. |
(10) |
When preparing public transport policy documents, relevant stakeholders should be consulted in accordance with national law. Those stakeholders might include transport operators, infrastructure managers, employee organisations and representatives of users of public transport services. |
(11) |
For public service contracts that are not awarded on the basis of a competitive tendering procedure, the fulfilment of public... |
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