30.4.2004 EN Official Journal of the European Union L 164/ 44 DIRECTIVE 2004/49/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 on safety on the Community's railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 71(1) thereof, Having regard to the proposal from the Commission ', Having regard to the Opinion of the European Economic and Social Committee 2, Having regard to the Opinion of the Committee of the Regions *, Acting in accordance with the procedure laid down in Article 251 of the Treaty *, in the light of the joint text approved by the Conciliation Committee on 23 March 2004, OJ C 126 E, 28.5.2002, p. 332. 0J Ce6l, 14.3.2003, p. 131. 0J C 66, 19.3.2003, p. 5. Opinion of the European Parliament of 14 January 2003 (OJ C 38 E, 12.2.2004, p. 92), Council Common Position of 26 June 2003 OJ C 270 E, 11.11.2003, p. 25) and Position of the European Parliament of 23 October 2003 (not yet published in the Official Journal). Legislative Resolution of the European Parliament of 22 April 2004 and Council Decision of 26 April 2004. AW N -