27. 6. 95 Official Journal of the European Communities No L 143/75 COUNCIL DIRECTIVE 95/1$/EC of 19 June 1995 on the allocation of railway infrastructure capacity and the charging of infrastructure fees THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 75 thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the Economic and Social Committee (3, Acting in accordance with the procedure laid down in Article 189c of the Treaty (%), Whereas greater integration of the Community transport sector is an essential element of the internal market and whereas the railways are a vital part of the Community transport sector ; Whereas the principle of the freedom to provide services needs to be applied in the railway sector, taking account of the specific characteristics of that sector; Whereas Council Directive 91/440/EEC of 29 July 1991 on the development of the Community’s railways () provides for certain access rights in international rail transport for railway undertakings and international grou- pings of railway undertakings ; Whereas it is important to ensure that, where railway undertakings and the international groupings which they constitute provide the services referred to in Article 10 of Directive 91/440/EEC, they benefit fully from the new access rights and whereas, to this end, it is appropriate to establish a system for the allocation of railway infrastruc- ture and the charging of infrastructure fees which is non- discriminatory and uniform throughout the Community ; Whereas the scope of Directive 91/440/EEC should be maintained, including the exceptions laid down therein for regional, urban and suburban services, and whereas it should be specified that transport operations in the form of shuttle services through the Channel Tunnel are also excluded from the scope of that Directive ; Where, pursuant to the principle of subsidiarity, it is appropriate that the Community lay down the broad prin- ciples of such a system, leaving it to the Member States to put in place the detailed rules for the relevant practical implementation ; Whereas the Member States should ensure sufficient flexi- bility as regards the allocation of infrastructure capacity to allow efficient and optional use of the infrastructure ; 0 Oj NoC24 28.1. 1994, p. 2 and OJ No C 225, 13. 8. 1994, C] 0pm|on dellvered on 14 September 1994 (O] No C 393, 31. 12. 1994, (*) Opinion oFthe European Parliament of 3 May 1994 (OJ No C 205, 25. 7. 1994, p. 38), Council Common Position of 21 November 1994 (O] No C 354, 13. 12. 1994, p. 19) and Deci- sion of the European Parhamcnt of 14 March 1995 (OJNo C 89, 10. 4. 1995, p. () OJ No L 237, 24. 8. 1991, p. 25. Whereas, however, it is necessary to grant certain priority rights with regard to the allocation of infrastructure capa- city, notably for public services and services provided on a specific railway infrastructure ; Whereas it is also necessary to provide for the possibility of granting special rights in allocating infrastructure capa- city if those rights are essential to ensure adequate trans- port services or to allow the financing of new infrastruc- ture ; Whereas the accounts of the infrastructure manager should be in balance so that infrastructure expenditure can be covered; Whereas, furthermore, it is necessary to define non-discri- minatory rules as regards the charging of infrastructure fees in the same market; Whereas efficient use of infrastructure capacity requires that fees be fixed according to a common set of general criteria ; Whereas, out of a general concern for transparency and non-discrimination, common rules should be adopted concerning the procedures for the allocation of infrastruc- ture capacity and the charging of infrastructure fees; Whereas, in the interests of traffic safety, railway under- takings must, in order to have access to a particular infra- structure, hold a certificate of safety based on certain common criteria and on national provisions, issued by the body competent for the infrastructure used ; whereas they must also conclude with the infrastructure manager the requisite technical, administrative and financial agree- ments ; Whereas it is necessary to guarantee possibilities for making an appeal before an independent body against decisions taken by the authorities and bodies competent as regards the allocation of infrastructure capacity and the charging of infrastructure fees ; whereas this possibility for making an appeal is required in particular to resolve any conflicts of interest in cases where an infrastructure manager is at the same time a transport services operator and is responsible for allocating train paths and/or collec- ting infrastructure fees, HAS ADOPTED THIS DIRECTIVE: SECTION 1 Objective and scope Article 1 1. The purpose of this Directive is to define the princi- ples and procedures to be applied with regard to the allo-