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public services in the field of land transport, was adopted and will enter into force in December 2009101.

  • 72.

    The opening of rail freight transport market was completed. However, one of several remaining structural problems concerns unbundling/independence of essential functions for non-discriminatory access to the network and a lack of administrative capacity and independence of rail regulatory bodies102.

  • 73.

    As regards passenger transport by rail, the Council and the Parliament finally adopted on 23 October the third railway package, ending a long legislative process103. The third railway legislative package will open international passenger transport including cabotage.

The Commission also prepared draft guidelines on State aid to railway undertakings104 to increase legal certainty and transparency in connection with ongoing market opening.

  • 74.

    Maritime transport accounts for about 50% of the external trade in goods in terms of weight and about 20% of trade between Member States. In 2007 the Commission promoted tight convergence of aid schemes in maritime transport to achieve as far as possible a level playing field within Europe, including towage and dredging activities105. On 13 September 2007, the Commission adopted draft Guidelines on the application of Article 81 of the EC Treaty to maritime transport services, for public consultation106.

  • 75.

    In the area of air transport, on 19 October the Commission invited interested parties to comment upon the commitments proposed by eight members of the SkyTeam airline alliance, namely Aeromexico, Alitalia, CSA Czech Airlines, Delta Air Lines, KLM, Korean Air, Northwest Airlines and Air France107. These commitments are designed to meet concerns under Article 81 EC raised by the Commission in its statement of objections of 15 June 2006108.

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Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70, OJ L 315, 3.12.2007, p. 1. See the Commission Report on the implementation of the 1st railway package (COM(2006) 189 final of 3 May 2006). See the Commission Recommendation of 11 December for a Council Recommendation on the 2008 update of the broad guidelines for the economic policies of the Member States and the Community (COM(2007) 803 final). See in particular the Recommendation in respect of France and Germany. Directive 2007/58/EC of the European Parliament and of the Council of 23 October 2007 amending Council Directive 91/440/EEC on the development of the Community’s railways, and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure, OJ L 315, 3.12.2007, p. 44; Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers operating locomotives and trains on the railway system in the Community, OJ L 315, 3.12.2007, p. 51; Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations, OJ L 315, 3.12.2007, p. 14. http://ec.europa.eu/dgs/energy_transport/state_aid/consultation_ms_en.htm N 93/06, OJ C 300, 12.12.2007, p. 22. OJ C 215, 14.9.2007, p. 3; see also Press release IP/07/1325, 13.9.2007. IP 07/1558, 19.10.2007. MEMO/06/243, 19.6.2006.

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