The committee adopted the draft recommendation for the second reading on the
Common Position of the Council on the proposal for a Council Directive. At
its sitting of 3 May 1994 the EP delivered its first reading on this
proposal. In its common position, the Council has substantially changed the
Commission proposal and the amendments tabled by Parliament at first
reading. These amendments were largely adopted by the Commission. According
to the rapporteur, this contradicts with the Commission proposal and
Parliament's opinion. He felt that this was unacceptable and had therefore
tabled an amenment, calling on the Commission that, should Council not be
willing to adopt Parliament's substantive elements, to withdraw the proposal
before the Council takes a decision. But the majority of the Committee did
not follow the rapporteur and the amendment was not carried after all.
The rapporteur only saw part of his amendments adopted. That implies tha
tthe Committee will not return to the Commission's wiew of the scope of
application of the directive that raiway undertakings newly established in
the Community may apply for an operating licence and receive one if they
fulfil the requirement. Nor did the majority in the Committee agree with the
rapporteur's proposal that there is no need for a special provision
concernint the Channel Tunnel, since the use of this tunnel does not concern
the licensing of railway undertakings. The Committee preferred to support
the Common Position of the Council, that the tunnel should be excluded from
the scope of this Directive.