27 Amendments of Erik BÁNKI related to 2013/0015(COD)
Amendment 222 #
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 1
Article 18 – paragraph 2 – subparagraph 1
Each national safety authority shall authorise the placing in service of the energy and infrastructure subsystems and of the trackside control-command and signalling sub-systems which are located or operated in the territory of its Member State.
Amendment 228 #
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 2
Article 18 – paragraph 2 – subparagraph 2
Amendment 234 #
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 3
Article 18 – paragraph 2 – subparagraph 3
The Agency and the national safety authorities shall provide detailed guidance on how to obtain the authorisations referred to in the first and second subparagraph. An application guidance document describing and explaining the requirements for those authorisations and listing the required documents shall be made available to applicants free of charge. The Agency and the national safety authorities shall cooperate in disseminating such information.
Amendment 237 #
Proposal for a directive
Article 18 – paragraph 3 – introductory part
Article 18 – paragraph 3 – introductory part
3. In order to authorise the placing in service of the subsystems referred to in paragraph 1, the national safety authority or the Agency, depending on which is the competent authority as set out in paragraph 2, shall obtain proof of:
Amendment 245 #
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. In the event of renewal or upgrading of existing subsystems, the applicant shall send to the national safety authority (for energy and infrastructure subsystems) or the Agency (for trackside control- command and signalling subsystems), a file describing the project. The national safety authority or the Agency shall examine this file and shall decide, on the basis of the criteria set out in paragraph 5, whether a new authorisation for placing in service is needed. The national safety authority and the Agency shall take their decisions within a pre-determined, reasonable time, and, in any case, within four months from receipt of all relevant information.
Amendment 260 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. A vehicle shall be placed on the market only after having received the vehicle authorisation for placing on the market issued by the Agencynational safety authority of the Member State in which the applicant is established in accordance with paragraph 5.
Amendment 270 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The Agency shall issue decisions granting vehicle authorisations for placing on the market. Those authorisations attest the values of the parameters relevant for checking the technical compatibility between the vehicle and the fixed installations as set out in the TSIs. The vehicle authorisation for placing on the market shall also provide information about the vehicle’s compliance with the relevant TSIs and sets of national rules, related to these parameters.
Amendment 300 #
Proposal for a directive
Article 20 – paragraph 5 – subparagraph 1
Article 20 – paragraph 5 – subparagraph 1
The Agency shall take the decisions referred to in paragraph 2 within a pre- determined, reasonable time, and, in any case, within four months from receipt of all relevant information. These authorisations shall be valid in allvehicle authorisation for placing on the market shall be issued by the national safety authority of the Member State in which the applicant is established, with the involvement of the national safety authorities of all Member States where the vehicle will be used. If the railway undertaking intends to use the vehicle in only one Member State, the national safety authority of the Member State concerned shall issue the vehicle authorisation for placing on the market without involving the national safety authority of any other Member State. In this case, the vehicle may not be used for activities of the railway undertaking in other Member States.
Amendment 302 #
Proposal for a directive
Article 20 – paragraph 5 – subparagraph 2
Article 20 – paragraph 5 – subparagraph 2
Amendment 306 #
Proposal for a directive
Article 20 – paragraph 5 a (new)
Article 20 – paragraph 5 a (new)
5a. The railway undertaking shall indicate in its application the Member States in which it intends to use the vehicle. The railway undertaking shall attach the technical documents as set out in point 4.
Amendment 307 #
Proposal for a directive
Article 20 – paragraph 5 b (new)
Article 20 – paragraph 5 b (new)
5b. Following receipt of the application, the national safety authority of the Member State in which the applicant is established shall examine the application and attached documents for completeness. If it finds that the application or the documents are incomplete, it shall invite the applicant to rectify the situation, for which it shall set a deadline of no less than 15 days. If the applicant does not rectify the situation within the deadline, the national safety authority of the Member State in which the applicant is established shall reject the application.
Amendment 308 #
Proposal for a directive
Article 20 – paragraph 5 c (new)
Article 20 – paragraph 5 c (new)
5c. If the application and the documentation are complete, the national safety authority of the Member State in which the applicant is established shall, within 45 days, send the application, the documentation and its own decision to the national safety authority of the Member State where the vehicle will be used for an opinion. The national safety authority of the Member State where the applicant is established must give reasons for its decision. The national safety authority of the Member State in which the vehicle will be used shall have 45 days in which to give its opinion. The national safety authority of the Member State in which the vehicle will be used must give reasons for its opinion. In the event of failure to meet the deadline, the national safety authority of the Member State in which the vehicle will be used shall be understood to be in agreement with the decision of the national safety authority of the Member State in which the applicant is established. The procedure shall be conducted in English.
Amendment 309 #
Proposal for a directive
Article 20 – paragraph 5 d (new)
Article 20 – paragraph 5 d (new)
5d. If the national safety authority of any Member State in which the vehicle will be used does not agree with the decision of the national safety authority of the Member State in which the applicant is established, the Agency shall decide whether to issue a vehicle authorisation for placing on the market. The national safety authority of the Member State in which the applicant is established shall send the application, the documentation, its own decision and the opinions received within the deadline to the Agency without delay. On receipt of the documents, the Agency shall make its decision within one month, solely on the basis of the documents. The Agency’s decision shall be binding for all concerned. If the Agency decides that a vehicle authorisation for placing on the market is to be issued, the national safety authority of the Member State in which the applicant is established must issue the authorisation without delay.
Amendment 310 #
Proposal for a directive
Article 20 – paragraph 5 e (new)
Article 20 – paragraph 5 e (new)
5e. The vehicle authorisation for placing on the market must indicate the Member States in which the vehicle can be used.
Amendment 311 #
Proposal for a directive
Article 20 – paragraph 5 f (new)
Article 20 – paragraph 5 f (new)
5f. The Agency shall, with the involvement of the national safety authority, provide detailed guidance on how to obtain the vehicle authorisation for placing on the market. An application guidance document describing and explaining the requirements for the vehicle authorisation for placing on the market and listing the required documents shall be made available to applicants by the Agency free of charge.
Amendment 316 #
Proposal for a directive
Article 20 – paragraph 6
Article 20 – paragraph 6
6. The Agencynational safety authority of the Member State in which the applicant is established may issue vehicle authorisation for placing on the market for a series of vehicles. Those authorisations shall be valid in all Member States in accordance with the procedure set out in paragraphs 5-5e.
Amendment 320 #
Proposal for a directive
Article 20 – paragraph 7
Article 20 – paragraph 7
7. The applicant may bring an appeal before the Board of Appeal designated under Article 51 of Regulation (EU) No …/… [establishing a European railway agency] against decisions of the Agency or itsAgency against the decision of the national safety authority of the Member State in which the applicant is established or because of failure to act within the time limits referred to in paragraph 5-5e. The Agency shall make its decision solely on the basis of the documentation.
Amendment 361 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1
Article 21 – paragraph 1 – subparagraph 1
Railway undertakings shall place in service a vehicle only after having checked, ,the national safety authority of the Member State in which the railway undertaking is established has checked, where appropriate also in consultation with the infrastructure manager, the technical compatibility between the vehicle and the route and the safe integration of the vehicle into the system in which it is intended to operate, established on the basis of the relevant TSIs, national rules, registers, and the common safety methods set out in Article 6 of Directive.
Amendment 363 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 2
Article 21 – paragraph 1 – subparagraph 2
To this aim, vehiclesthe railway undertaking shall first receiveobtain the vehicle authorisation for placing on the market in accordance with Article 20.
Amendment 367 #
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The railway undertaking shall communicate its decisions with respect to the placing in service of vehicles to the Agency, the infrastructure manager anddecision of the national safety authority concerned. These decisions shall be recorded in the national vehicle registers referred to in Article 43.
Amendment 371 #
Proposal for a directive
Article 21 – paragraph 3 – introductory part
Article 21 – paragraph 3 – introductory part
3. In the event of renewal or upgrading of existing vehicles, a new 'EC' declaration of verification shall be needed as set out in Article 15(4). In addition, a new decision taken by the railway undertakingnational safety authority for placing in service of these vehicles shall be required when:
Amendment 375 #
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 1
Article 22 – paragraph 1 – subparagraph 1
The Agencynational safety authority of the Member State in which the applicant is established shall grantissue authorisations to place vehicle types on the market.
Amendment 379 #
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2
Article 22 – paragraph 1 – subparagraph 2
The Agency shall, together with the national safety authorities, provide detailed guidance on how to obtain the authorisation to place vehicle types on the market. An application guidance document describing and explaining the requirements for the authorisation to place vehicle types on the market and listing the required documents shall be made available to applicants by the Agency free of charge. The national safety authorities shall cooperate with the Agency in disseminating such information.
Amendment 381 #
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. However, if the Agencynational safety authority of the Member State in which the applicant is established issues a vehicle authorisation for placing on the market, it shall at the same time issue the authorisation to place the corresponding vehicle type on the market.
Amendment 386 #
Proposal for a directive
Article 22 – paragraph 4
Article 22 – paragraph 4
4. In the event of changes to any relevant provisions in TSIs or national rules, on the basis of which an authorisation to place a vehicle type on the market has been issued, the TSI or national rule shall determine whether the authorisation to place that vehicle type on the market already granted remains valid or needs to be renewed. If that authorisation needs to be renewed, the checks performed by the Agencynational safety authority of the Member State in which the applicant is established may only concern the changed rules. The renewal of the authorisation to place a vehicle type on the market does not affect vehicle authorisations for placing on the market already issued on the basis of the previous authorisation to place that vehicle type on the market.
Amendment 422 #
Proposal for a directive
Article 55 – paragraph 1
Article 55 – paragraph 1
A IV. Directive 2008/57/EC , as amended by the Directives listed in Annex IV, Part A, is repealed with effect from [twofive years after the date of entry into force] , without prejudice to the obligations of the Member States relating to the time limits for the transposition into national law of the Directives set out in Annex IV, Part B .
Amendment 424 #
Proposal for a directive
Article 56 – paragraph 2
Article 56 – paragraph 2
Articles 3 to 10, Article 11(2), (3) and (4), Article 12, Article 16, shall apply from [twofive years after the date of entry into force].