L 343(32 Official Journal of the European Union 14.12.2012 DIRECTIVES DIRECTIVE 2012/34/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 November 2012 establishing a single European railway area (recast) (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91 thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Economic and Social Committee ('), Having regard to the opinion of the Committee of the Regions (%), Acting in accordance with the ordinary legislative procedure (%), Whereas: (1) Council Directive 91/440/EEC of 29 July 1991 on the development of the Community’s railways (), Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings (°) and Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infra- structure capacity and the levying of charges for the use of railway infrastructure (°) have been substantially amended. Since further amendments are necessary, those Directives should be recast and merged into a single act in the interest of clarity. (2) Greater integration of the Union transport sector is an essential element of the completion of the internal () O] C 132, 3.5.2011, p. 99. () OJ C 104, 2.4.2011, p. 53. (®) Position of the European Parliament of 16 November 2011 (not yet published in the Official Journal) and Position of the Council at first reading of 8 March 2012 (OJ C 108 E, 14.4.2012, p. 8). Position of the European Parliament of 3 July 2012 and decision of the Council of 29 October 2012. () OJ L 237, 24.8.1991, p. 25. () OJ L 143, 27.6.1995, p. 70. () OJ L 75, 15.3.2001, p. 29. market, and the railways are a vital part of the Union transport sector moving towards achieving sustainable mobility. The efficiency of the railway system should be improved, in order to integrate it into a competitive market, whilst taking account of the special features of the railways. Member States with an important share of rail traffic with third countries which have the same railway gauge which is different from the main rail network within the Union should be able to have specific oper- ational rules ensuring both coordination between their infrastructure managers and those of the third countries concerned and fair competition between railway under- takings. In order to render railway transport efficient and competitive with other modes of transport, Member States should ensure that railway undertakings have the status of independent operators behaving in a commercial manner and adapting to market needs. In order to ensure the future development and efficient operation of the railway system, a distinction should be made between the provision of transport services and the operation of infrastructure. Given that situation, it is necessary for these two activities to be managed separately and to have separate accounts. Provided that those separation requirements are met, that no conflicts of interest arise and that the confidentiality of commer- cially sensitive information is guaranteed, infrastructure managers should have the possibility to outsource specific administrative tasks, such as the collection of charges, to entities other than those active in railway transport services markets. The principle of freedom to provide services should be applied to the railway sector, taking into account that sector’s specific characteristics. In order to boost competition in railway service management in terms of improved comfort and the services provided to users, Member States should retain general responsibility for the development of the appro- priate railway infrastructure.