30 Amendments of Phil BENNION related to 2013/0028(COD)
Amendment 33 #
Proposal for a regulation
Recital 1
Recital 1
(1) Over the past decade, the growth of passenger traffic by rail has been insufficient to increase its modal share in comparison to cars and aviation. The 6% modal share of passenger transport for rail in the European Union has remained fairly stable. Rail passenger services have not kept pace with evolving needs in terms of availability and quality. However, countries which have opened their market to competition with a combination of open access rights and public service obligations have seen a rise of employment in the rail sector and an increase of number of passenger- kilometres creating new employment opportunities in the rail sector.
Amendment 35 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) To guarantee high service quality to passengers while achieving public passenger transport policy objectives, open access rights should be the rule to be coordinated with mandatory tendering for public service contracts.
Amendment 36 #
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
(2 b) The direct award of a public service contract should be restricted to specific conditions such as the risk of disruption in the provision of services and thus should be limited in time.
Amendment 44 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) To guarantee high service quality to passengers while achieving public passenger transport policy objectives, open access rights should be the rule to be coordinated with mandatory tendering for public service contracts
Amendment 45 #
Proposal for a regulation
Recital 10
Recital 10
(10) The establishment of an Internal Market for passenger transport services by rail requires common rules on competitive tendering for public service contracts in this sector to be applied in a harmonised manner in all Member States to ensure a level-playing field between all potential bidders.
Amendment 45 #
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
(2b) The direct award of a public service contract should be restricted to specific conditions such as the risk of disruption in the provision of services and thus should be limited in time
Amendment 56 #
Proposal for a regulation
Recital 15
Recital 15
(15) Preparing railway undertakings for mandatory competitive tendering for public service contracts requires some extra time to allow effective and sustainable internal restructuring of companies to which such contracts were directly awarded in the past. Transitional measures are therefore necessary for contracts directly awardedhe tendering procedure for such contracts should be phased-in between the date of entry into force of this Regulation and 3 December 2019.
Amendment 58 #
Proposal for a regulation
Recital 7
Recital 7
(7) A maximum annual volume of a public service contract for passenger transport by rail needs to be set in a way thato facilitates competition between small bidders, new entrants and the incumbent operator, for such contracts while allowing competent authorities some flexibility to optimise the volume according to economic and operational considerations.
Amendment 75 #
Proposal for a regulation
Recital 10
Recital 10
(10) The establishment of an Internal Market for passenger transport services by rail requires common rules on competitive tendering for public service contracts in this sector to be applied in a harmonised manner in all Member States to ensure a level-playing field between all potential bidders.
Amendment 94 #
Proposal for a regulation
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Regulation (EC) No 1370/2007
Article 5 – paragraph 4
Article 5 – paragraph 4
Unless prohibited by national law, the competent authorities may decide to award public service contracts directly for a maximum period of five years :
Amendment 94 #
Proposal for a regulation
Recital 15
Recital 15
(15) Preparing railway undertakings for mandatory competitive tendering for public service contracts requires some extra time to allow effective and sustainable internal restructuring of companies to which such contracts were directly awarded in the past. Transitional measures are therefore necessary for contracts directly awarded between the date of entry into force of this Regulation and 3 December 2019. The tendering procedure for such contracts should be phased-in between the date of entry into force of this Regulation and 3 December 2019
Amendment 106 #
Proposal for a regulation
Article 1 – point 8 – point b
Article 1 – point 8 – point b
Public service contracts for public passenger transport by rail directly awarded between 1 January 2013 and 2 December 2019 may continue until their expiry date. However they shall, in any event,after the entry into force of this regulation shall not continue after 31 December 202219.
Amendment 122 #
Proposal for a regulation
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Regulation (EC) No. 1370/2007
Article 2 – point c
Article 2 – point c
Amendment 148 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 1
Article 2 a (new) – paragraph 1 – subparagraph 1
1. Competent authorities shall establish and regularly update public passenger transport plans covering all relevant transport modes for the territory for which they are responsible. These public transport plans shall define the objectives of public transport policy and the means to implement them covering all relevant transport modes for the territory for which they are responsible. They shall at least include:
Amendment 155 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 1 – point a
Article 2 a (new) – paragraph 1 – subparagraph 1 – point a
Amendment 157 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 1 – point b
Article 2 a (new) – paragraph 1 – subparagraph 1 – point b
Amendment 165 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 1 – point c
Article 2 a (new) – paragraph 1 – subparagraph 1 – point c
Amendment 174 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 1 – point d
Article 2 a (new) – paragraph 1 – subparagraph 1 – point d
Amendment 179 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2a (new) – paragraph 1 – subparagraph 1 – point e
Article 2a (new) – paragraph 1 – subparagraph 1 – point e
Amendment 185 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 2
Article 2 a (new) – paragraph 1 – subparagraph 2
Amendment 207 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 3 – subparagraph 1 – point a
Article 2 a (new) – paragraph 3 – subparagraph 1 – point a
they shall be defined in accordance with Article 2a (e1);
Amendment 211 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new)– paragraph 3 – subparagraph 2
Article 2 a (new)– paragraph 3 – subparagraph 2
Amendment 214 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 3 – subparagraph 3
Article 2 a (new) – paragraph 3 – subparagraph 3
Amendment 217 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 4
Article 2 a (new) – paragraph 4
Amendment 230 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 5
Article 2 a (new) – paragraph 5
Amendment 238 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 6 – point a
Article 2 a (new) – paragraph 6 – point a
Amendment 256 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 6 – point b
Article 2 a (new) – paragraph 6 – point b
the maximum annual volume of a public service contract in terms of train-km shall be the higher value of either 10 million train-km or one third of the total national public rail passenger transport volume under public service contract. – one half of the total national public rail passenger transport volume under public service contract for Member states with a total volume not exceeding 100 million train-km/year – one third of the total national public rail passenger transport volume under public service contract for Member states with a total above 100 million train-km/year and not exceeding 200 million train-km/year – one quarter of the total national public rail passenger transport volume under public service contract for Member states with a total exceeding 200 million train- km/year
Amendment 299 #
Proposal for a regulation
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Regulation (EC) No. 1370/2007
Article 5 – paragraph 4 – subparagraph 1
Article 5 – paragraph 4 – subparagraph 1
Unless prohibited by national law, the competent authorities may decide to award public service contracts directly for a maximum period of five years :
Amendment 324 #
Proposal for a regulation
Article 1 – point 4 – point a a (new)
Article 1 – point 4 – point a a (new)
Regulation (EC) No. 1370/2007
Article 5 – paragraph 5
Article 5 – paragraph 5
Paragraph 5 is replaced as follows: 5. In the event of a disruption of services or the immediate risk of such a situation, the competent authority may take an emergency measure. This emergency measure shall take the form of a direct award or a formal agreement to extend a public service contract or a requirement to provide certain public service obligations. The public service operator shall have the right to appeal against the decision to impose the provision of certain public service obligations. The award or extension of a public service contract by emergency measure or the imposition of such a contract shall not exceed five years.
Amendment 407 #
Proposal for a regulation
Article 1 point 8 – point b
Article 1 point 8 – point b
Regulation (EC) No. 1370/2007
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. Public service contracts for public passenger transport by rail directly awarded between 1 January 2013 and 2 December 2019 may continue until their expiry date. However they shall, in any event,after the entry into force of this regulation shall not continue after 31 December 202219 .