Directive (European Union)

A directive is a legal act of the European Union, which requires member states to achieve a particular result without dictating the means of achieving that result. It can be distinguished from regulations which are self-executing and do not require any implementing measures. Directives normally leave member states with a certain amount of leeway as to the exact rules to be adopted. Directives can be adopted by means of a variety of legislative procedures depending on their subject matter.

Legal basis

The legal basis for the enactment of directives is Article 288 of the Treaty on the Functioning of the European Union (formerly Article 249 TEC).

To exercise the Union's competences, the institutions shall adopt regulations, directives, decisions, recommendations and opinions.

A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States.

A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods.

Second Railway Package

The Second Railway Package is a group of European Union legislation which promote common standards and open access, working towards an integrated European railway area.

History

For much of the 20th century, rail transport in Europe was dominated by national monopolies; these effectively excluded competitors from their networks. Starting in 1991, the EU developed legislation to open railways up to competition, which would help them regain modal share from road and air transport.

Legislation

Directive 2004/49/EC

2004/49/EC is the Railway Safety Directive; it has since been amended by Directive 2008/110/EC. It harmonised safety principles, including procedures for granting safety approval to railway operators and infrastructure owners.

Directive 2004/50/EC

Directive 2004/50/EC harmonised interoperability requirements, particularly for high-speed rail. It amended Directives 96/48 and 2001/16; it has since been updated by 2008/57/EC.

Directive 2004/51/EC

Directive 2004/51/EC allowed open access for freight services, nationally and internationally, starting in January 2007

First Railway Directive

The First Railway Directive 91/440/EC (with amendments, also called the "First Railway Package") is European Union Directive that sets out an EU law framework and requirements for railways in the EU to allow open access operations on railway lines by companies other than those that own the rail infrastructure. The legislation was further extended by further directives to include cross border transit of freight.

The subsequent directives 2001/12/EC, 2001/13/EC and 2001/14/EC which built upon the initial legislation are collectively known as the First Railway Package. In September 2010 the process of merging the directives into a single piece of legislation was begun; with the addition of modifications to strengthen the regulatory framework. The Second Railway Package and the Third Railway Package aimed to push integration further.

Background

In many countries in Europe the railway systems developed as separate privately owned companies operating regional networks with permission to construct and operate a line being granted or instructed by government legislation, or by royal decree or license. During the 20th century the railways became organised and run through a country wide organisation often through nationalisation. These entities in general had total or virtual monopolies.