12 February 2003

Urban and regional public transport undertakings call for a resumption of work in the Council on the proposal for a Regulation on public service requirements

COM (2002) 107 final


The UITP European Union Committee, which brings together the urban and regional public transport undertakings in the European Union, has followed and has actively participated in the various stages of modernisation of the legislative framework relating to public service requirements in passenger transport by rail, road and inland waterway.

Against a background of increasing legal insecurity, due in particular to the consequences of the impending judgment of the Court of Justice of the European Communities in the Altmark case (C-280/00)1 , our Committee is convinced of the urgent necessity to establish, at European level, common rules which will recognise and at the same time clarify the public service dimension and the entrepreneurial dimension of public passenger transport.

Our Committee is convinced that the future Regulation should be the essential instrument which will enable undertakings to contribute to the continued development of urban public transport in Europe on the basis of transparency and concern for the interests of passengers and the finances of local authorities.

The proposed draft Regulation from the Commission has been on the table of the Council since February 2002. The UITP EU Committee therefore calls formally on the Council of Ministers of the European Union to make every effort to ensure that discussions are reopened which will enable a Regulation to be adopted as soon as possible. In particular, our Committee requests the Greek Presidency to reactivate the Council working group which deals with this matter and for the future Italian Presidency to give it high priority.


1 In this case, the Advocate General considers that State financing of public services constitutes State aid within the meaning of the Treaty. In his view, such financing is normally subject to the Community machinery for review of aid. This means that, in principle, Member States must notify their financing plans to the Commission and that they may not grant that financing without prior authorisation from the Commission.