25 Amendments of Phil BENNION related to 2013/0016(COD)
Amendment 90 #
Proposal for a directive
Recital 4
Recital 4
(4) Safety levels in the Union's rail system are generally high, in particular compared to road transport. In line with technical and scientific progress, safety should be further improved, whenso far as is reasonably practicable, and taking into account the expected improvement in the competitiveness of rail transport.
Amendment 94 #
Proposal for a directive
Recital 6
Recital 6
(6) The responsibility of infrastructure managers and railway undertakings for operating the rail system does not preclude other actors such as manufacturers, carriers, consignors, fillers, loaders entities in charge of maintenance, maintenance suppliers, wagon keepers, service providers and procurement entities from assuming responsibility for their products or services. To avoid the risk that the responsibilities are not properly assumed, each relevant actor should be made responsible for its particular process through contractual agreements. Each actor in the rail system should be responsible in respect to the other actors for complete and truthful communication of all relevant information to check if the vehicles are fit to run. In particular that concerns information on the status and history of the vehicle, maintenance files, traceability of loading operations, and consignment notes.
Amendment 98 #
Proposal for a directive
Recital 8
Recital 8
(8) Common safety targets (CSTs) and CSMs have been gradually introduced to ensure that safety is maintained at a high level and, when necessary and whereso far as is reasonably practicable , improved. They should provide tools for assessment of the safety and performance of operators at Union level as well as in the Member States. Common safety indicators (CSIs) have been established in order to assess whether systems comply with the CSTs and to facilitate the monitoring of railway safety performance.
Amendment 105 #
Proposal for a directive
Recital 12
Recital 12
(12) To ensure a high level of railway safety and equal conditions for all railway undertakings, the latter should be subject to the same safety requirements. A licensed railway undertaking should hold a safety certificate in order to obtain access to the railway infrastructure. The safety certificate should provide evidence that the railway undertaking has established its safety management system and is able to comply with the relevant safety standards and rulesystems and national rules of the areas of use where it intends to operate. For international transport services, it should be enough to approve the safety management system only once at Union level.
Amendment 106 #
Proposal for a directive
Recital 13
Recital 13
(13) Harmonised methods based on Directive 2004/49/EC have been established to be applied to the railway undertakings and the national safety authorities on monitoring, conformity assessment, supervision and on risk evaluation and assessment. This regulatory framework is sufficiently mature to move progressively towards a ‘single safety certificate’, valid throughout the Union within the specified areas of use. The move to a single safety certificate should make the rail system more effective and efficient by reducing administrative burdens for the railway undertakings.
Amendment 107 #
Proposal for a directive
Recital 15
Recital 15
(15) Infrastructure manager should have a key responsibility for the safe design, maintenance and operation of its rail network. The infrastructure manager should be subject to safety authorisation by the national safety authority concerning its safety management system and other provisions to meet safety requirements. The European railway agency should be in charge of delivering the safety authorisation in the case of crossborder infrastructures.
Amendment 112 #
Proposal for a directive
Recital 17
Recital 17
(17) The entity in charge of maintenance should be certified for freight wagons. Where the entity in charge of maintenance is an infrastructure manager, this certification should be included in the procedure for safety authorisation. The certificate issued to such an entity should guarantee that the maintenance requirements of this Directive are met for any freight wagon for which the entity is in charge. This certificate should be valid in the whole Union and should be issued by a body able to audit the maintenance system set up by the entity. As freight wagons are frequently used in international traffic and as the entity in charge of maintenance may want to use workshops established in more than one Member State, the certification body should be able to implement its controls throughout the Union. When proceeding at the evaluation of the system of certification of the entity in charge of maintenance for freight wagons, the Agency should consider the opportunity for an extension of this certification to all vehicles.
Amendment 124 #
Proposal for a directive
Recital 22
Recital 22
(22) In order to improve the efficiency of activities of an investigation body and to help it in discharging its duties, the investigation body should have timely access to the site of an accident, where necessary in good cooperation with the judicial authority. All parties involved, including the Agency, should provide all relevant information necessary to the activities of the investigation body. The reports on investigations and any findings and recommendations provide crucial information for the further improvement of railway safety and should be made publicly available at Union level. Safety recommendations should be acted upon by the addressees and actions reported back to the investigating body.
Amendment 125 #
Proposal for a directive
Recital 25
Recital 25
(25) In order to supplement and amend certain non-essential elements of this Directive, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of common safety methods and their revision, and revision of common safety indicators and common safety targets. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and especially with national safety authorities. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 130 #
Proposal for a directive
Article 1 – paragraph 1 – point e – point i (new)
Article 1 – paragraph 1 – point e – point i (new)
(i) introducing a single safety certificate that is valid and recognised in all Member states within the specified areas of use;
Amendment 131 #
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) metros, trams and light rail systems; (a) Untergrundbahn-, Straßenbahn- sowie Stadtbahnsysteme; (This affects only the DE version)
Amendment 136 #
Proposal for a directive
Article 2 – paragraph 3 – point b a (new)
Article 2 – paragraph 3 – point b a (new)
(ba) rolling stock which has lost its authorisation and is being moved to a terminal or site to allow it to be reauthorised;
Amendment 148 #
Proposal for a directive
Article 3 – paragraph 1 – point h a (new)
Article 3 – paragraph 1 – point h a (new)
(ha) 'area of use' means technically compatible network or networks within a Member State, or a group of Member States, on which a vehicle is intended to be operated or a railway undertaking intends to operate;
Amendment 158 #
Proposal for a directive
Article 3 – paragraph 1 – point s
Article 3 – paragraph 1 – point s
(s) ‘keeper’ means the person or entity that, being the owner of a vehicle or having the right to use it, exploits the vehicle as a means of transport and is registered as such in the nationalEuropean vehicle register referred to in Article 43 of Directive XX on the interoperability of the rail system ;
Amendment 165 #
Proposal for a directive
Article 3 – paragraph 1 – point t
Article 3 – paragraph 1 – point t
(t) ‘entity in charge of maintenance’ means an entity in charge of maintenance of a vehicle, and registered as such in the nationalEuropean vehicle register ;
Amendment 178 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States and the Agency shall ensure that railway safety is generally maintained and, whereso far as is reasonably practicable , continuously improved, taking into consideration the development of Union legislation and technical and scientific progress and giving priority to the prevention of serious accidents.
Amendment 210 #
Proposal for a directive
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Any actor of the rail system who identifies a safety risk related to defects and construction non-conformities or malfunctions of technical equipment, including those of structural sub-systems, shall report those risks to the other parties involved, so far as is reasonably practicable, to enable them to take any necessary corrective actions to ensure continuous achievement of the safety performance of the rail system.
Amendment 214 #
Proposal for a directive
Article 4 – paragraph 7
Article 4 – paragraph 7
7. In case of exchange of vehicles between railways undertakings, all actors shall exchange all information relevant to safe operation using the European register of vehicles. Such information shall include information on the status and history of the vehicle, elements of the maintenance files, traceability of loading operations, and consignment notes. It shall be sufficiently detailed to allow an assessment of the risks of operating the vehicle by the railway undertaking.
Amendment 225 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The CSMs shall be revised at regular intervals, taking into account the experience gained from their application and the global development of railway safety and in view of generally maintaining and whereso far as is reasonably practicable, continuously improving safety.
Amendment 276 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The single safety certificate shall specify the type and, extent of the railway operations and the areas of use covered. It shall be valid throughout the Union for equivalent operations.
Amendment 292 #
Proposal for a directive
Article 10 – paragraph 4 – subparagraph 1 – point e
Article 10 – paragraph 4 – subparagraph 1 – point e
(e) the type and extent of its intended operation and areas of use corresponds to that specified in its single safety certificate.
Amendment 299 #
Proposal for a directive
Article 10 – paragraph 4 – subparagraph 2
Article 10 – paragraph 4 – subparagraph 2
If the national safety authority has doubts concerning the fulfilment of one or more conditions it shall request more information from the railway undertaking. However, this exchange may not have any suspensive or delaying effect on the start of operation. If the national safety authorityor finds evidence that one or more conditions are not met, it shall immediately refer the matter to the Agency, which shall respectively request more information from the railway undertaking or take the appropriate measures, including revocation or suspension of the certificate.
Amendment 305 #
Proposal for a directive
Article 10 – paragraph 5 – subparagraph 1
Article 10 – paragraph 5 – subparagraph 1
The single safety certificate shall be renewed upon application by the railway undertaking at intervals not exceeding five years. It shall be wholly or partly updated whenever the type or extent of the operation or areas of use is substantially altered.
Amendment 341 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
In order to be allowed to manage and operate a rail infrastructure, the infrastructure manager shall obtain a safety authorisation from the national safety authority in the Member State where it is established. In case of crossborder infrastructures, the infrastructure manager shall obtain a safety authorisation from the European Railway Agency.
Amendment 356 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Each vehicle, before it is placed in service or used on the network, shall have an entity in charge of maintenance assigned to it and this entity shall be registered in the nationalEuropean vehicle register in accordance with Article 43 of Directive XX on interoperability of the rail system.