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The  Governments  of the  Member  States  and the  European  Commission  were
represented as follows :

Belgium:
Mr Luc CARBONEZ               Deputy Permanent Representative

Denmark:
Mr Jan TRØJBORG               Minister for Transport
Mr Ole ZACCHI                 State Secretary, Ministry of Transport

Germany:
Mr Matthias WISSMAN           Minister for Transport
Mr Hans Jochen HENKE          State Secretary, Ministry of Transport

Greece:
Mr Thanasis TSOURAS           Minister for Transport and Communications
Mr Georgios KATSIPHARAS       Minister for Merchant Shipping
Mr Christos KOKINOVASSILIS    State Secretary, Ministry of Transport

Spain:
Mr Manuel PANADERO            Secretary-General, Ministry of Transport

France:
Mr Bernard PONS               Minister for Regional Planning,  Infrastructure
                              and Transport
Mrs Anne-Marie IDRAC          State Secretary, Ministry of Transport

Ireland:
Mr Emmet STAGG                Minister   of  State   at  the   Department  of
                              Transport, Energy and Communications

Italy:
Mr Giovanni CARAVALE          Minister for Transport and Merchant Shipping

Luxembourg:
Mrs Mady DELVAUX-STEHRES      Minister for Transport

Netherlands:
Mrs Annemarie JORRITSMA-LEBBINK    Minister for Transport and Public Works

Austria:
Mr Viktor KLIMA                    Federal  Minister for  State Holdings  and
                                   Communications 

Portugal:
Mr Jorge ANTAS                State Secretary, Ministry of Transport
Mr José MONTEIRO DE MORAIS    State Secretary  to the  Minister for  Maritime
                              Affairs

Finland:
Mrs Tuula LINNAINMAA          Minister for Transport and Communications
Mr Juhani KORPELA             State  Secretary,  Ministry  of  Transport  and
                              Communications

Sweden:
Mrs Ines UUSMANN              Minister for Transport and Communications

United Kingdom:
Mr Brian MAWHINNEY            Secretary of State for Transport
Mr John REDWOOD               Secretary of State for Wales

***

Commission:
Mr Neil KINNOCK               Member

SHIPPING

STATISTICAL RETURNS IN RESPECT OF CARRIAGE OF GOODS AND PASSENGERS BY SEA

The   Council  reached   agreement,  the   German  and   Spanish  delegations
abstaining, on a Directive  on statistical returns in respect of  carriage of
goods and passengers by sea.

The  Directive essentially  provides  that the  Member  States must  draw  up
shipping  statistics, which will be  harmonized between the various countries
and coordinated with existing  statistics on the transport of goods  by road,
rail and inland waterway.

These  statistics  are meant  to  contribute to  the development,  follow-up,
supervision  and evaluation  of the  development of  the  internal market  in
shipping.

The collection  of the  data will be carried  out in each  Member State under
the authority of the bodies and institutions  responsible for the preparation
of official statistics.

During the start-up  period the Community will make a  financial contribution
to the Member States' costs in carrying out the necessary work.

SAFETY MANAGEMENT OF RO-RO PASSENGER VESSELS

The Council agreed on  a common position on the proposal for  a Regulation on
the safety management of ro-ro passenger vessels.

This  initiative is  one of  the key  elements in  the Council  Resolution of
22 December 1994 on the safety of ro-ro passenger  vessels, adopted following
the Estonia disaster.

The common position  provides for the advance, compulsory application  to all
vessels  and  companies  operating  within  the  Community,  between now  and
1 July 1996, of  the ISM Code -   established by Resolution A.741(18) of  the
IMO  Assembly -  on  the creation  of  an  organization  to  ensure the  safe
management of vessels.

In accordance  with that code the  Regulation will oblige shipping  companies
to set up a "Safety Management System" under which they would:

-    establish  a policy  for  the  safe  operation  of  its  ships  and  the
     protection of the environment,

-    define  the  responsibilities of,  and  relations  between, all  persons
     responsible  within the  company and  on  board the  ships for  the safe
     operation of the ships and for pollution prevention,

-    designate  a  central  person   responsible  for  safe  management   and
     pollution prevention,

-    ensure  that the safety personnel  ashore, the masters  of its ships and
     the crew are properly qualified  and able to communicate with each other
     on safety matters,

-    define shorebound  and on board instructions,  procedures and drills for
     the safe  operation  of the  ships  and for  the response  to  emergency
     situations,

-    prepare procedures for the  reporting and analysis of  non-conformities,
     accidents and hazardous situations,

-    ensure proper maintenance of its ships and its equipment,

-    establish a "Safety Management Manual",

-    regularly evaluate the SMS,

-    obtain  a "Document of Compliance"  issued by  the flag State  or by the
     country  of  operation  and  certifying that  the  SMS  of  the  company
     complies with the ISM-Code,

-    obtain a  "Safety Management Certificate" issued  by the flag State  and
     certifying that the SMS of the ship complies with the ISM-Code.

The Flag  States would also be obliged periodically to verify the functioning
of the SMS.

A derogation of limited duration (until 31 December 1997)  is provided for in
the common  position  for Greece  for flying  the  Greek flag  and  operating
exclusively between Greek ports.

Once formally adopted, the common  position will be forwarded to the European
Parliament under the cooperation procedure.

COMMUNITY EXTERNAL SHIPPING RELATIONS - COUNCIL CONCLUSIONS

 "THE COUNCIL OF THE EUROPEAN UNION,

 CONSIDERING  the exchange  of  views it  held  on the  European  Community's
 external relations in the field of maritime transport;

 CONSIDERING  the  importance of  maritime transport  in  economic  and trade
 relations between the European Community and third countries;

 REQUESTS the Commission to  provide the Council as  soon as possible with  a
 communication on  maritime  relations with  third  countries, including  the
 general guidelines it suggests  in this area, and on  priority actions to be
 undertaken,  including  in  international  fora;  the  Council  records  its
 intention to  hold detailed discussions on  the basis of such  communication
 as soon as it receives it;

 REQUESTS  the Commission  to submit  to the  Council as  soon as  possible a
 report  on  the  Community  action  it  proposes  with  regard  to  external
 relations  with the  countries of  Western and  Central  Africa on  maritime
 matters, taking into  account the measures already taken, in  particular the
 fact-finding  mission entrusted  to it  by  the Council  at  its meeting  on
 29 and 30 November 1993, and recent developments in this sector;

 EMPHASIZES the importance for  the maritime policy of the  Community and its
 Member  States of  the  discussions in  the  Negotiating Group  on  Maritime
 Transport  Services  (NGMTS)  currently taking  place  in  the  World  Trade
 Organization  (WTO),  and  the  need  to ensure  consistency  between  these
 negotiations and Community policy  guidelines in  this sector in  accordance
 with the principle of free and fair competition."

TRANSPORT INFRASTRUCTURE

TRANS-EUROPEAN NETWORK

The  Council reached  agreement on  a common position  on the  proposal for a
Decision on Community  guidelines for  the development of  the trans-European
transport network.

This text covers all  transport infrastructure - land,  sea and air -  with a
view to intermodal  integration.  These guidelines should therefore  take the
place  of   the  three   "modal"  Decisions   adopted  by   the  Council   on
29 October 1993 (road, inland waterway  and combined transport networks)  and
also cover  railways, sea  and inland  ports, airports,  and information  and
management systems for the entire network.

Under the common position integration of  the networks at European level will
be   carried  out   gradually   on   the   basis   of   interconnection   and
interoperability  measures with a view to  the more rational use of different
modes of  transport,  better exploitation  of their  specific advantages  and
respect for the  environment.  The guidelines define a  long-term development
process up to the  year 2010.   They may be regarded  as a general  framework
defining objectives and  providing indications of the planned  development of
networks and the measures to be taken to bring it about.

The guidelines form the  basis for the  identification of projects of  common
interest in the context  of the networks.  They include sufficiently specific
information for that purpose; the Member States,  however, will determine the
precise details  of projects, their routes,  their financing and the  rate of
their realization under  international rules of planning,  in accordance with
the principle of subsidiarity.

Projects  eligible for  Community  financial  support  - through  the  budget
heading  for  trans-European  networks or  the  Cohesion  Fund  for transport
infrastructures  - will be  those of common  interest identified  by means of
the guidelines.

The  text of the common position includes the enacting terms and two annexes,
the  first  of  which   comprises  diagrams  of  the  trans-European  network
illustrated  by maps  and  the second  of which  sets  out  the criteria  and
specifications for projects of common interest.

Once formally adopted, the common position will be forwarded  to the European
Parliament under the cooperation procedure.

TRANSPORT RESEARCH
- COUNCIL CONCLUSIONS

 "1.     The Council  welcomes that section  of the 4th RDFP which  addresses
         research  in  transport  and   the  opportunity  thus  afforded   to
         contribute to implementation of the common transport policy.

 2. The Council recognizes  the need for efficient  coordination between  the
    various specific  programmes connected with  the transport sector in  the
    4th RDFP and notes  the Commission's initiatives to  that end.   It calls
    upon the Commission  to continue its endeavours in full  cooperation with
    the Member States through the Research Programme Committees.

 3. The Council notes that certain research goals  require experimentation on
    an  appropriate  scale,  in  particular in  the  areas  of  rail  traffic
    management (BRTMS), the  use of satellite navigation systems (GNSS), road
    toll systems  and shipping information  systems (VTMIS).   Experiments of
    this kind are in fact already being planned (e.g. the RDS-TMC  system) or
    begun  (the  air-ground  data  link  relay  for  flight  control  in  the
    North Atlantic).

 4. The  Council  accordingly  calls  upon  the  Commission  to  examine  the
    conditions  for conducting  and financing these  experiments and to brief
    the   forthcoming  Council   meeting  of   Transport  Ministers   on  the
    arrangements it  is contemplating for  this purpose,  working within  the
    framework of the financial instruments introduced to  that end and taking
    account of the need for private sector participation.

5.  The Council takes  note of the Commission's decision to  contribute under
    the 4th RDFP to the  financing of research work and  the establishment of
    the coherent test  structure necessary for the development of  a European
    command and control system for high-speed trains.

 6. The Council  considers that  such a test  structure should be  covered by
    the  preliminary  studies for  the execution  of  the  new infrastructure
    projects for high-speed trains."

RAIL TRANSPORT

INTEROPERABILITY OF THE EUROPEAN HIGH-SPEED TRAIN NETWORK

The Council  reached agreement on  a common  position on  the proposal for  a
Directive on the interoperability of the European high-speed train network.

The  purpose of  the Directive,  which is  based on  Title XII of  the Treaty
concerning  trans-European networks,  is to  bring about  interoperability of
the European high-speed  train network, i.e. the system's capacity  to permit
the  uninterrupted   movement  of  high-speed  trains   throughout  Community
territory.

To achieve that  aim, the  Directive lays  down the  criteria and  procedures
necessary  for   the   adoption   of   the   technical   specifications   for
interoperability,  in  particular  as  regards   the  structural  sub-systems
(infrastructures,   energy,  supervision,   control/signalling  and   rolling
stock).

From the  point of  view of infrastructure,  high-speed lines should  consist
of:

-  lines specially built for  high speed equipped for speeds generally equal
   to or greater than 250 km/h;

-  lines specially upgraded for high speed equipped for  speeds of the order
   of 200 km/h;

-  lines specially upgraded for high speed  which are of a special nature on
   account of  topographical, relief  or urban  environment difficulties  on
   which the speed must be adapted on a case-by-case basis.

From the  point of  view  of  rolling stock,  high-speed  advanced-technology
trains should be designed in  such a way as to guarantee safe,  uninterrupted
travel:

-  at a  speed of at  least 250 km/h on  the lines specially  built for high
   speed,  while  allowing  speeds  in  excess of  300 km/h  in  appropriate
   circumstances;

-  at a speed of the order of 200 km/h on specially upgraded existing lines;

-  at the highest possible speed on other lines.

Once formally adopted, the common position will be  forwarded to the European
Parliament under the cooperation procedure.

ROAD TRANSPORT

USE OF VEHICLES HIRED WITHOUT DRIVERS FOR THE CARRIAGE OF GOODS BY ROAD

The Council held a policy debate on  the proposal for a Directive on  the use
of vehicles hired without  drivers for the carriage  of goods by road,  which
is intended to take the place of Directive 86/647/EEC in force at present.

This Directive  allows carriers to use  vehicles hired without drivers  which
are  registered in the Member  States in  which they are  established for the
purpose of  national traffic and traffic  between Member States.   The Member
States may, however, prohibit their own carriers for own  account from hiring
vehicles weighing more than six tonnes.

The  Commission  proposal  is  also  intended  to   permit  the  hiring,  for
international haulage, of vehicles registered in another  Member State for at
least two months and to  permit carriage for own account with hired  vehicles
weighing more than six tonnes.

The Council felt that the  liberalization contemplated, which is part  of the
liberalization  of the  internal market in  road transport,  must necessarily
take  account  of  the  fiscal and  social  aspects  and  be  accompanied  by
supervisory measures.

The Permanent Representatives  Committee will continue examining the proposal
in  the  light  of  the  Council's  discussion   and  the  expected  European
Parliament Opinion.

RECORDING EQUIPMENT IN ROAD TRANSPORT ("TACHOGRAPH")

The  Council held a policy discussion on the proposal for a Regulation on the
improvement of the recording equipment used  in road transport ("tachograph")
in view of the social legislation in this area.

It reached consensus  on the objective of ensuring effective  compliance with
the relevant European social regulations.

The  Council  noted that  the  data  available at  present  did  not make  it
possible  to  distinguish  between  the  relative  merits  of the  approaches
proposed for the improvement of recording equipment.

It felt that a more  detailed technical examination was required in order  to
ascertain,  in terms  of cost,  security, technical  feasibility, reliability
and  ease of supervision the  options to  be adopted for the  revision of the
present Regulation.

The Council  noted that  it  was possible  for different  systems to  operate
simultaneously under arrangements still to be determined.

Finally, it  instructed the Permanent  Representatives Committee  to continue
examining  this  dossier in  the  light  of the  foregoing  and the  expected
Opinion from the European Parliament.

USE OF TELEMATICS IN ROAD TRANSPORT - COUNCIL RESOLUTION

 "THE COUNCIL OF THE EUROPEAN UNION,

 Having regard to the  Council Decision of 29 October 1993 on  trans-European
 road networks [1]  , and communication  COM(94) 106 on  Community guidelines
 for the development of the trans-European transport network [2] ;

 Having regard to the Council Resolution of  24 October 1994 on telematics in
 the transport sector  and Commission communication COM(94) 469 on telematics
 in the transport sector [3] ;

 Having  regard   to  the  conclusions   of  the  ESSEN  Council   concerning
 trans-European networks  and  the emphasis  placed  on transport  management
 systems;

 Having  regard to  the  Council  Decision  of  23 November 1994  adopting  a
 specific  programme  in  the field  of  telematics  applications  of  common
 interest (1994-1998) [4]    and  the  Council Decision  of  15 December 1994
 adopting a  specific programme for  research and  technological development,
 including demonstration, in the field of transport (1994-1998) [5] ;

 Whereas for the  deployment of road telematics  the Member States must  give
 priority   to   introducing   the  applications   closest   to   operational
 implementation,  on  the  basis  of  minimum  technical  specifications  and
 standards that  will ensure  compatibility of equipment  and improve  safety
 and efficiency throughout Europe;

 Whereas an appropriate  level of interoperability must be defined  for those
 applications,  which  must  provide  an optimum  service  to  the  user,  in
 reasonable   economic  conditions,   without   discrimination  between   the
 nationals  of the  Member States, be  able to  accommodate users  from third
 countries, take  account of  existing situations,  with due  regard for  the
 principles  of  proportionality  and   subsidiarity,  and  not  entail   any
 additional bureaucracy;

 Whereas  it is  also necessary to  draw not  only on  the experience  of the
 Member States  but also on experience acquired  in European project work, in
 order to verify the specific details of  the interoperability and continuity
 of  applications  and  to identify  obstacles  and  difficulties  which  are
 holding  back their  development  on a  pan-European  scale and  would  thus
 justify appropriate Community measures;

 NOTES  with  satisfaction  the  work  done  by  the  Member States  and  the
 Commission  in   preparation   for  the   deployment   of  road   telematics
 applications,

 NOTES that the Commission has  drawn up harmonizing measures in the field of
 transport telematics applications, as  announced in its 1995 work  programme
 on the information society,

I

 NOTES with satisfaction the measures taken for  the harmonized deployment of
 early warning traffic services using RDS-TMC [6] ,

 Noting that  work  by  experts  has  enabled  technical  specifications  and
 minimum standards to be defined for the  compatibility of on-board terminals
 for the  deployment of  automatic early  warning systems  using RDS-TMC  and
 giving  the  public   access  to  services  which  can  gradually   be  made
 interoperable and continuous,

 Recognizing  the  major  role  that  the  private  sector  has  to  play  in
 developing and providing RDS-TMC services,

 REQUESTS the  Commission, in order to  ensure the interoperability of  early
 warning  traffic  services  using  RDS-TMC  and  in   order  to  ensure  the
 compatibility  of the  on-board terminals  necessary for  those services, to
 make a  proposal based on the  current proposed standards for  early warning
 traffic services using RDS-TMC, including

 - the CEN [7]  proposal on the ALERT-C broadcasting protocol with
   *  list of incident messages
   *  structure of the related location tables,

 RECOMMENDS  that, in the meantime, those Member States that wish to give the
 public  access to  early  warning traffic  services  using RDS-TMC  use  the
 abovementioned CEN proposal for the ALERT-C protocol [8] ,

 REQUESTS the Member  States and the Commission, meeting within  the Steering
 Committee  of  the  DEFI [9]    initiative,  to  commit  themselves  to  the
 continuation of  standardization work  on specific  RDS-TMC services and  to
 examine  the  development of  the  ALERT+ [10]   protocol  as  a  compatible
 extension  of  the  ALERT C  protocol with  a  view  in  particular  to  the
 transmission  of detailed  information on  road  traffic, journey  times and
 public passenger transport,

 RECOMMENDS that  those Member  States that  wish to  introduce international
 exchange of road  information between centres use  the provisional standards
 elaborated by the CEN TC/278 [11] ,

 REQUESTS the Member  States and the Commission, meeting within  the Steering
 Committee of the DEFI initiative, to  define the rules for coordinating  the
 various functions of  the services in order to ensure  compatibility between
 interurban  services  using  the  abovementioned  specifications  and  urban
 services which will be developed more specifically  for conurbations, and to
 examine  with  industry  the  minimum impact  on  management  of  the  basic
 functions of the terminal,

 REQUESTS the  Member States  and the  Commission to support  standardization
 work on specific RDS-TMC services and in particular the  ALERT+ protocol and
 road traffic messages,

 REQUESTS the  Member States  and the Commission  to support  standardization
 work on  wider-ranging information services  allowing two-way  data exchange
 by  means  of  short  and  medium-range  communications,  to   continue  and
 accelerate work  on the  definition, by analogy  with RDS-TMC, of  technical
 specifications and minimum  standards ensuring the compatibility of on-board
 terminals and the interoperability of all services,

 REQUESTS  the  Member  States  to promote,  for  specific  locations  to  be
 introduced in telematics systems and services, the use of  digital road maps
 in accordance with  the CEN/TC 278's proposal regarding prENV GDF 2.1 [12] ,
 until definitive standards are adopted,

 NOTES  with  satisfaction  the  measures  taken  to  define  the  levels  of
 continuity,  interoperability  and compatibility  which  can  effectively be
 implemented between the  various road traffic information and  early warning
 services, cross-border data exchange, the use of  variable message signs and
 cross-border  traffic management,  on  the basis  of  the analysis  made  by
 national  experts of the outcome  of validation  and demonstration projects,
 with priority application to the trans-European road network,

II

 NOTING that, in  the framework of  the TC 278's work, the  CEN has  drawn up
 proposals  for provisional standards  for short-range communications, giving
 priority to  systems using the  5,8 GHz band and  the infra-red band,  which
 can be used for added-value services, especially automatic toll systems,

 REQUESTS the European  standardization bodies to amplify those  proposals to
 cover all  technical  aspects of  short-range communications  and to  extend
 them to methods of transmission by mobile telephone  (cellular radio) and by
 satellite,

 REQUESTS the  Commission and the Member  States to evaluate those  proposals
 in  the context  of the  4th R&D  framework programme  and in  particular to
 examine the problems of convergence with existing systems,

 REQUESTS  the Member States to ensure  that new systems based on short-range
 exchanges are compatible with the standards envisaged,

 REQUESTS the Commission and the Member States to speed up their work on  the
 interoperability  of  electronic  toll systems  at  European  level  on  the
 trans-European road network,  taking into account Council Directive 93/89 of
 25 October 1993,

 REQUESTS  the standardization  bodies  to  give  priority  to  the  official
 approval of the standards and specifications referred to above,

III

 REQUESTS the Commission

 (a)  to use the assistance of a working  party of high-level representatives
      appointed  by  the  Member  States  for  the  strategic  study  of  the
      deployment of  road telematics applications;  that working  party could
      involve in  its discussions,  as necessary, public  or private partners
      (business and industry) and users, 

 (b)  to organize the  activities of that working  party in such a  way as to
      avoid  duplicating  the  work  of existing  working  parties,  so  that
      specific measures under way can  be better grouped and better  use made
      of their results,

 REQUESTS the Member  States to appoint their representatives on  the working
 party from the ministry(ies) or body(ies) responsible for road telematics,

 REQUESTS the  Commission, on the basis of  the working party's findings, the
 Member  States'  know-how   and  experience,  and  the  results  of  initial
 implementations and  of projects under the  4th R&D framework programme  and
 other European initiatives under way:

 (c)  to propose  a general  strategy and a  framework for the  deployment of
      telematics applications for road transport:

      - to define the other applications to be developed as a priority,
      - to  produce  proposals  for  minimum  specifications  to  permit  the
        effective launching  of those other applications,  and to  inform the
        Council as soon as possible of the results achieved,
      - to  discover  the  real  obstacles  to  the  implementation  of  such
        services arising,  on  the  one  hand, from  the  administrative  and
        constitutional  structures of  the Member  States  and, on  the other
        hand, from the interoperability  and compatibility of those  services
        at  a pan-European level, and to  draw up any necessary directives to
        remove those obstacles,

 (d)  to submit to it  a detailed work programme  for the working party  and,
      in  particular, before  the  end  of 1995,  a  detailed report  on  the
      activities  of  the  European  Union  in  the  road  telematics  field,
      including a cost-benefit  analysis of  the envisaged  measures, and  to
      keep it regularly informed of the results obtained."

RELATIONS WITH  THIRD COUNTRIES  IN THE FIELD  OF THE CARRIAGE  OF PASSENGERS
AND GOODS BY ROAD

The Council  took  note of  an  oral report  by  Commissioner KINNOCK on  the
progress  of the  proceedings  on the  opening  of negotiations  between  the
Community  and certain  third countries  (about twenty)  in the field  of the
carriage of passengers and goods by road.

On  the conclusion of  its exchange  of views  the Council  took note  of the
incoming  Spanish Presidency's  intention  of  giving high  priority  to this
dossier  and   agreed  to  return  to   this  question  at  its   meeting  on
28 September 1995 in the light of its discussion.

AIR TRANSPORT

ACCESS TO THE GROUNDHANDLING MARKET AT COMMUNITY AIRPORTS

The  Council held  an initial discussion  on the proposal  for a Directive on
access to the groundhandling market at Community  airports, on the conclusion
of which:

- it  stressed  the  importance   of  this  proposal,  which  aimed  at  the
  liberalization of  the groundhandling  market, to  the competitiveness  of
  European carriers;

- it invited  the Permanent Representatives  Committee to report  back to it
  with a view to the adoption of a common position at a forthcoming meeting.

RELATIONS WITH THE UNITED STATES
-  COUNCIL CONCLUSIONS

 "The Council

 Recalls   the   importance  of   its   conclusions   of  15 March 1993   and
 14 March 1995  concerning  the Community's  external  relations  in the  air
 transport sector;

 Considers that  air routes between the  Member States and  the United States
 are of major importance to Community carriers;

 Stresses the need to  strengthen the  competitiveness of Community  carriers
 on these routes  and to take account  of the interests  of users and  of the
 different regions of the Community;

 Takes  note of the  work to ensure that  the positions  of the Member States
 are consistent wherever needed;

 Agrees on the need to continue  examining the recommendation for a  decision
 on the negotiations with the United States and the  reflections under way on
 the definition of a platform  of common principles; and in this context asks
 the  Commission   to  carry  out   a  detailed   analysis  showing   whether
 Community-level  negotiations would  objectively obtain  better results  for
 all Member States and to define a common interest;

 In this  connection requests  the Commission better  to define the  economic
 implications of comprehensive  negotiations for the Community and its Member
 States  in  each  of  the  areas  identified  within the  Working  Party  on
 Aviation;

 Stresses  the need  to study  further the  problems  raised, especially  the
 legal problems,  particularly in the light  of Opinion 1/94 of the  Court of
 Justice of the European Communities;

 Consequently calls  upon the  Permanent Representatives Committee,  assisted
 by the Working Party on Aviation, to prepare a fresh report for the  Council
 meeting  in December 1995  suggesting guidelines  or priority  decisions, in
 the light also of the detailed analysis of the above elements."

MUTUAL RECOGNITION OF AERONAUTICAL PRODUCTS
-  COUNCIL CONCLUSIONS

 "The Council,

 Having regard to the  Treaty and to the case law of the Court of Justice and
 pointing   out  that   Regulation  No 3922/91 [13]     provides   that  each
 Member State  has an obligation to recognize  aviation products certified by
 another Member State and specifies the arrangements,

 Whereas  procedures  to   ensure,  in  accordance  with  Council  Regulation
 No 3922/91  on   the  harmonization  of   the  technical   requirements  and
 administrative procedures in the field of civil  aviation, the acceptance of
 products by  each of the  Member States must,  with due regard  for national
 law,  be simplified  as far  as possible  in order  to reduce  costs to  the
 aviation industry and airlines;

 Whereas such  simplification ought to  be possible as a  result of  the work
 under way  within the JAA [14]    aimed at  setting up  a unified  technical
 survey for  demonstrating the  conformity  of aviation  products and  taking
 official note of the results of such a survey;

 Whereas  the establishment  of a clear  official record of  the results of a
 unified technical  survey is also a major  asset in having European products
 accepted by non-Union countries;

 Whereas the  studies in  progress on  the common  certification of  aviation
 products   undertaken  in   accordance  with   the  Council   Resolution  of
 24 October 1994 [15]  must be accelerated,

 NOTES THAT:

 - significant  progress has  been  made  over  the  past two  years  in  the
   development   of  JAR [16]     technical   standards   and  administrative
   procedures to serve as a basis for mutual acceptance;

 - the  common   administrative  procedures  are  at  an  advanced  stage  of
   development within  the JAA,  but have  not yet  been established  for the
   full  range  of  aviation  products,  which  means  that  Article 6(1)  of
   Regulation No 3922/91 cannot be fully applied;

 - the procedures already followed within the JAA enable the  completion of a
   technical survey  on an aviation product  to be officially established  by
   the publication of a single "type acceptance" document;

 - that  document  identifies  the  States  which  are  prepared  to  deliver
   immediately,  and without any further technical  survey or requirements, a
   national type  certificate attesting to the  acceptance of the product  in
   question;

 ACCORDINGLY INVITES:

 - Member States to  expedite work within the  JAA on procedures for  unified
   technical surveys covering all aviation products;

 - the  Commission,  in  accordance  with  Articles 4  and 11  of  Regulation
   No 3922/91,  to carry  out the  necessary work  for  the early  completion
   and/or  amendment  of   Annex II  to  that  Regulation  concerning  common
   technical  requirements   and  administrative  procedures,  so   that  the
   principle of the recognition of certification can  be fully implemented in
   regard to aviation products;

 - the  Commission   quickly  to  send  the   Council  a  report  on   common
   air-worthiness  certification  in accordance  with  paragraph (b)  of  the
   Council Resolution of  24 October 1994, highlighting  the problems  raised
   by the concept of a single type certificate."

OTHER DECISIONS IN THE TRANSPORT FIELD
(Adopted without discussion)

Under  the cooperation  procedure  with the  European Parliament  the Council
formally adopted Directives on:

-  the  allocation of railway  infrastructure capacity  and the  charging of
   fees for the use of such infrastructure

   The  aim of  this Directive is to  establish the  general framework  of a
   uniform,  non-discriminatory  Community  system  in this  area,  so  that
   railway undertakings and their customers can reap the full benefit of the
   opportunities offered by the internal market in the rail sector.

-  the licensing of railway undertakings

   The purpose of introducing such licensing is to guarantee the application
   of  common conditions of access to the Community  rail market, within the
   framework of  the rights  of access  to  railway infrastructures  granted
   under Directive 91/440.

   The fact  that an undertaking has a  licence would guarantee that  it was
   able to supply safe and efficient railway services.  In itself, a licence
   does not give an undertaking any right to operate  transport services; it
   authorizes  it to  request  rights  of access  to  the  infrastructure as
   provided for by the Directive.

-  concerning the enforcement, in respect of shipping using Community  ports
   and sailing in the waters under the jurisdiction of the Member States, of
   international  standards  for  ship  safety,  pollution  prevention   and
   shipboard living and working conditions

   The  purpose  of  the   Directive  is,  in  particular,  to  enhance  the
   effectiveness of  the Memorandum  of Understanding on  Port State Control
   signed in Paris in 1982.

   In that context it lays down common criteria for the selection of vessels
   for checking  and  standardizes  the  procedure  for the  inspection  and
   detention, taking  account, in  particular, of the  undertakings given by
   the shipping authorities of the Member States within the framework of the
   Memorandum of Understanding.

   In  addition,  the  Council adopted  in  the  official  languages  of the
   Communities Resolutions on

   -  social harmonization in road freight transport in the internal market

   -  the development of rail transport and combined transport

   -  relocation in air transport.

   These instruments were approved at the Council meeting on Transport on 13
   and 14 March 1995 (see Press release 5427/95 Presse 73).

                                                 

[1]   OJ No L 305, 10.12.1993, p. 11.
[2]   OJ No C 220,  8. 8.1994, p.1.
[3]   OJ No C 309,  5.11.1994, p. 1.
[4]   OJ No L 334, 22.12.1994, p. 1.
[5]   OJ No L 361, 31.12.1994, p. 56.
[6]   Radio Data System - Traffic Message Channel.
[7]   European Committee for Standardization.
[8]   Advice and Problem Location for European Road Traffic, version C.
[9]   Definition of First stop Implementation.
[10]  Advice and Problem Location for European Road Traffic, "plus" version.
[11]  CEN-Technical Committee No 278.
[12]  Geographic Data File version 2.1.
[13]  OJ No L 373, 31.12.1991, p. 4.
[14]  Joint Aviation Authorities
[15]  OJ No C 309,  5.11.1994, p. 2.
[16]  Joint Aviation Requirements

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