Tag Archives: Council of the European Union

Development of the Community's railways

Development of the Community’s railways

Outline of the Community (European Union) legislation about Development of the Community’s railways

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Rail transport

Development of the Community’s railways

Document or Iniciative

Council Directive 91/440/EEC of 29 July 1991 on the development of the Community’s railways [See amending act(s)].

Summary

The directive applies to the management of railway infrastructure and to the rail transport activities of the railway undertakings established or to be established in the Community, with the exception of railway undertakings whose activity is limited to the provision of solely urban, suburban or regional services.

Management independence

European Union (EU) countries must take the appropriate measures to ensure that railway undertakings are independent with regards management, administration and internal control over administrative, economic and accounting matters, thereby holding assets, budgets and accounts separate from those belonging to the State.

EU countries must also take the necessary action to enable railway undertakings to adapt their activities to the market and allow their own management bodies to be responsible for the management of their activities, thereby efficiently providing the required quality of service at the lowest possible cost.

Separation between infrastructure management and transport operations

EU countries must ensure the separation of infrastructure management and transport operations by keeping separate profit and loss accounts and balance sheets and publishing them individually for business relating to the provision of transport services by railways undertakings and for business relating to the management of railway infrastructure. Public funds must also reflect this separation and those paid to one activity must not be transferred to the other.

Individual EU countries will be responsible for the development of their national railway infrastructure but they must bear in mind, where necessary, the general needs of the Community.

Access to railway infrastructure

The railway undertakings concerned by this directive will be accorded access to the infrastructure in all other EU countries for the operation of all rail freight services and international passenger services.

Monitoring tasks of the Commission

The Commission will monitor the technical and economic conditions and market developments of the European rail transport, working closely with representatives both from EU countries and from the relevant sectors to better assess the efficiency and impact of the adopted measures.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 91/440/EEC

13.9.1991

30.12.1992

OJ L 237 of 24.8.1991

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Directive 2001/12/EC

15.3.2001

15.3.2003

OJ L 75 of 15.3.2001

Directive 2004/51/EC

30.4.2004

31.12.2005

OJ L 164 of 30.4.2004

Directive 2006/103/EC

1.1.2007

1.1.2007

OJ L 363 of 20.12.2006

Directive 2007/58/EC

4.12.2007

4.6.2009

OJ L 315 of 3.12.2007

Successive amendments and corrections to Directive 91/440/EEC have been incorporated into the basic text. This consolidated versionis for reference only.

Related Acts

Commission Communication of 17 September 2010 concerning the development of a Single European Railway Area [COM (2010) 474 final – Not published in the Official Journal].

Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) No 1191/69 and 1107/70 [Official Journal L 315 of 3.12.2007].

Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification [Official Journal L 75 of 15.3.2001].

Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings [Official Journal L 143 of 27.06.1995].

Enforcing judgments: the transparency of debtors' assets

Enforcing judgments: the transparency of debtors’ assets

Outline of the Community (European Union) legislation about Enforcing judgments: the transparency of debtors’ assets

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Judicial cooperation in civil matters

Enforcing judgments: the transparency of debtors’ assets

Even with a court judgment obtained, recovering cross-border debts may be difficult for creditors in practice if no information on the debtors’ assets or whereabouts is available. Because of this, the European Commission has adopted a Green Paper launching a public consultation on how to improve the recovery of debts through possible measures such as registers and debtor declarations.

Document or Iniciative

Green Paper of 6 March 2008 on the effective enforcement of judgments in the European Union: the transparency of debtors’ assets [COM(2008) 128 final – Not published in the Official Journal].

Summary

The late and non-payment of debts is detrimental to business and customers alike, particularly when no information is available on the debtor’s assets or whereabouts. This is a particular cross-border issue in debt recovery and has the potential to affect the smooth running of the internal market. In launching a public consultation, the European Commission has outlined the problems of the current situation and possible solutions in this Green Paper. Interested parties can submit their comments by 30 September 2008.

State of play

The search for a debtor’s address and information on his financial situation is often the starting point for enforcement proceedings. At national level, most Member States mainly use two different systems for obtaining information, either:

  • systems of declaration of the debtor’s entire assets or at least a part of it to satisfy the claim;
  • search systems with specific information (registers).

In this Green Paper, the European Commission focuses more on a series of measures instead of one single European measure to allow the creditor to obtain reliable information on the debtor’s assets and whereabouts within a reasonable period of time. Possible measures include:

  • drawing up a manual of national enforcement laws and practices: at present, there is very little information on the different enforcement systems in the 27 European Union Member States. Such a manual could contain all sources of information on a person’s assets, which could be accessed in each country; contact addresses, costs, etc.
  • increasing the information available and improving access to registers: the main sources of information on the debtor are public registers, such as commercial or population registers. However, these vary from one Member State to the next. The Commission is asking whether to increase information available in and access to commercial registers and in what way access to existing population registers should be enhanced. Furthermore, access to social security and tax registers by enforcement authorities may be increased, while respecting rules of data protection and social and fiscal privacy.
  • exchange of information between enforcement authorities: currently, enforcement bodies are not able to directly access the (non-public) registers of other Member States which are open to national enforcement bodies. In addition, there are no international instruments dealing with the exchange of information between national enforcement bodies. In the absence of a Europe-wide register, enhancing cooperation between national enforcement authorities and direct exchange of information between them may a possible solution.
  • measures relating to the debtor’s declaration: enforcement bodies have in several Member States the option to question the debtor directly regarding his assets, whereas in some Member States the debtor’s declaration is made in the form of a testimony before the enforcement court. In some Member States, the debtor has to fill out mandatory forms, and in others a debtor’s declaration does not exist at all. The European Commission is considering introducing a European Assets declaration, obliging the debtors to disclose all assets in the European judicial area. In this way, the transparency of the debtor’s assets would not be limited by the territoriality of the enforcement proceedings.

Participation of young people with fewer opportunities

Participation of young people with fewer opportunities

Outline of the Community (European Union) legislation about Participation of young people with fewer opportunities

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Education training youth sport > Youth

Participation of young people with fewer opportunities

The European Union (EU) supports young people with fewer opportunities by helping them to realise their full potential and strengthening their participation in society.

Document or Iniciative

Resolution of the Council and of the Representatives of the Governments of the Member States meeting within the Council of 22 May 2008 on the participation of young people with fewer opportunities [Official Journal, C 141, 7.6.2008].

Summary

Young people with fewer opportunities in society face specific difficulties because they come from less privileged educational, socio-economic or geographical backgrounds, or have a disability.

Their participation in the democratic, economic and cultural life of society needs to be given special attention at both national and Community level.

Strategic Approach

This Resolution invites Member States and the Commission to give priority to young people in vulnerable situations when implementing the Lisbon Strategy, the measures in the European Pact for Youth and national flexicurity strategies.

Member States must adopt an interdisciplinary approach when developing their specific policies and programmes. These strategies must be of a long-term nature and include early intervention measures. Guaranteeing easier access to EU programmes and Structural Funds will also support the social inclusion and participation in society of young people.

In particular, the Council invites the Commission to:

  • study national good practices in order to identify possible lines of action at European level that will facilitate the social inclusion of young people and their participation in society;
  • take these objectives into account when proposing the priorities for the future framework of cooperation in the field of youth.


Social Inclusion

The social inclusion of young people with fewer opportunities must be a priority at both national and Community level. The EU social protection and social inclusion process helps to fight discrimination and to promote equal opportunities. Furthermore, as regards policies on health and living conditions, the social, economic and other factors that determine the well-being of young people need to be better monitored and studied.
Member States and the Commission must take action against social exclusion and against the intergenerational transmission of economic inactivity by supporting access to good employment opportunities and by improving the mechanisms for vocational guidance and counselling.

Active Citizenship

The Council requires Member States and the Commission to conduct a structured dialogue that is inclusive and suitable for all. Democratic and community involvement can be enhanced by informing young people and by developing innovative forms of participation, particularly through the use of information and communication technologies (ICTs).

Member States must support the work of youth organisations and social organisations, in particular by providing professional development opportunities for managers and youth workers.


Context


The European Pact for Youth contributes to the implementation of the renewed Lisbon Strategy.
It aims to improve education and training for young people, as well as their mobility. It gives priority to young people with fewer opportunities.

In this context, the Youth in Action Programme specifically encourages young people to participate in public life and fosters their spirit of initiative, entrepreneurship and creativity.

Related Acts

Presidency Conclusions, 13 and 14 March 2008. 7652/1/08 (pdf ).

The Council reaffirms the social dimension of the Lisbon Strategy. The priorities identified are combating poverty and social exclusion, promoting active inclusion and increasing employment opportunities for those furthest from the labour market.

Resolution of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, of 25 May 2007 on creating equal opportunities for all young people – full participation in society [Official Journal – 2007/C 314/01].

The Council notes that equality of opportunity means the right of all young people to a quality lifestyle, education, training, housing and work, and to access to social security, employment systems and social and political discussion.
The Council invites the Commission and all Member States to maintain a structured dialogue with young people in a variety of ways and to strengthen the impact of the open method of coordination when shaping policies for equal opportunities and social and professional integration.
The Council invites Member States to develop the regional and local dimensions of the European Pact for Youth and to enhance the effect that national policy has on the quality of life of young people.