21 Amendments of Erik BÁNKI related to 2013/0016(COD)
Amendment 255 #
Proposal for a directive
Article 10 – title
Article 10 – title
Amendment 256 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 258 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
(2) The single safety certificate shall be granted by the Agency on the basis of the evidence thatnational safety authority of the Member State where the railway undertaking hais established, its safety management system in accordance with Article 9 and meets the requirements laid down in TSIs and in other relevant legislation in order to control risks and provide transport services safeln coordination with the national safety authorities of all the Member States where the railway undertaking operates. If the undertaking’s activities involve only one Member State, the national safety authority of that Member State shall grant the single safety certificate without the involvement of the national safety authorities of any on the networkr Member States.
Amendment 266 #
Proposal for a directive
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
(2a) The railway undertaking’s application shall indicate the Member States in which it intends to operate. Supporting documents must be attached to the railway undertaking’s application which prove that its safety system was established in accordance with Article 9 and meets the requirements laid down in TSIs and in other relevant legislation in order to control risks and provide transport services safely on the network.
Amendment 269 #
Proposal for a directive
Article 10 – paragraph 2 b (new)
Article 10 – paragraph 2 b (new)
(2b) Upon receipt of the application, the national safety authority of the Member State where the railway undertaking is established shall check the application and the attached supporting documents for completeness. If it finds that the application or the supporting documents are incomplete, it shall invite the undertaking to rectify the problem within a deadline of not less than 15 days, which it will stipulate. If the undertaking fails to rectify the problem by the deadline, the national safety authority of the Member State where the undertaking is established shall reject the application.
Amendment 271 #
Proposal for a directive
Article 10 – paragraph 2 c (new)
Article 10 – paragraph 2 c (new)
(2c) If the application and supporting documents are complete, the national safety authority of the Member State where the railway undertaking is established shall send the application, the supporting documents and its own decision to the national safety authority of the Member State where the undertaking operates for an opinion within 45 days. The national safety authority of the Member State where the railway undertaking is established must give the reasons for its decision. The national safety authority of the Member State where the undertaking operates shall have 45 days in which to issue its opinion. The national safety authority of the Member State where the railway undertaking will operate must give the reasons for its decision. Failure to comply with the deadline shall mean that the national safety authority of the Member State where the railway undertaking operates is in agreement with the decision of the national safety authority of the Member State where the railway undertaking is established. The procedure shall be conducted in English.
Amendment 273 #
Proposal for a directive
Article 10 – paragraph 2 d (new)
Article 10 – paragraph 2 d (new)
(2d) If the national safety authority of any Member State where the railway undertaking operates does not agree with the decision of the national safety authority of the Member State where the railway undertaking is established, the Agency shall decide whether the single safety certificate shall be granted. The national safety authority of the Member State where the railway undertaking is established shall send the application, the supporting documents, its own decision and the opinions received by the deadline to the Agency without delay. The Agency shall make a decision – solely on the basis of the documents – within one month of their receipt. Its decision shall be binding on all parties. If the Agency decides in favour of granting a single safety certificate, the national safety authority of the Member State where the railway undertaking is established shall issue the certificate without delay.
Amendment 274 #
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 covered. It shall be valid throughout the Union for equivalent operation and the Member States to which this applies.
Amendment 303 #
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 authority finds evidence that one or more conditions are not met, it shall refer the matter to the Agencynational safety authority of the Member State where the railway undertaking is established, which shall take the appropriate measures, including revocation of the certificate.
Amendment 308 #
Proposal for a directive
Article 10 – paragraph 5 – subparagraph 2
Article 10 – paragraph 5 – subparagraph 2
The holder of the single safety certificate shall inform the Agencynational safety authority of the Member State where the railway undertaking is established without delay of any major changes in the conditions of the single safety certificate. It shall furthermore notify the Agencynational safety authority of the Member State where the railway undertaking is established whenever new categories of staff or new types of rolling stock are introduced.
Amendment 311 #
Proposal for a directive
Article 10 – paragraph 5 – subparagraph 3
Article 10 – paragraph 5 – subparagraph 3
The Agencynational safety authority of the Member State where the railway undertaking is established may require that the single safety certificate be revised following substantial changes to the safety regulatory framework. The revision shall be conducted in accordance with the provisions laid down in paragraphs 2- 2(d).
Amendment 312 #
Proposal for a directive
Article 10 – paragraph 6
Article 10 – paragraph 6
(6) If a national safety authority in a Member State where the railway undertaking will operate finds that a holder of a single safety certificate no longer satisfies the conditions for certification, it shall ask the Agency to revoke it. The Agency may revoke the single safety certificate, giving reasons for its decision. The Agencynational safety authority of the Member State where the railway undertaking is established to revoke it. The revocation procedure shall be conducted in accordance with the provisions laid down in paragraphs 2- 2(d). The national safety authority of the Member State where the railway undertaking is established shall immediately inform the Agency and all the national safety authorities of the networks on whichMember States where the railway undertaking operates.
Amendment 318 #
Proposal for a directive
Article 10 – paragraph 7
Article 10 – paragraph 7
(7) The Agencynational safety authority of the Member State where the railway undertaking is established shall inform the Agency and the national safety authorities of the Member States where the railway undertaking operates within one month of the issue, renewal, amendment or revocation of a single safety certificate referred to in paragraph 2. It shall state. The Agency shall register the name and address of the railway undertaking, the issue date, the scope and validity of the certificate and, in the case of revocation, the reasons for its decision.
Amendment 329 #
Proposal for a directive
Article 11 – title
Article 11 – title
Applications forcquisition of single safety certificates
Amendment 330 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Amendment 337 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
(2) The Agency shall, together with the national safety authorities, provide detailed guidance on how to obtain the single safety certificate. It shall list all requirements that have been laid down for the purpose of Article 10(2) and shall publish all relevant documents.
Amendment 339 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
(3) An application guidance document describing and explaining the requirements for the single safety certificates 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 416 #
Proposal for a directive
Article 30 – paragraph 2
Article 30 – paragraph 2
Until [specific date to be inserted by OPOCE - twofive years after the date of entry into force], the national safety authorities shall continue to grant safety certificates in accordance with the provisions of Directive 2004/49/EC. Such safety certificates shall be valid until their date of expiry.
Amendment 418 #
Proposal for a directive
Article 32 – paragraph 1
Article 32 – paragraph 1
(1) Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 2, 3, 4, 8, 10, 16, 18, 20 and Annex I by [specific date to be inserted by OPOCE - twofive years after the date of entry into force] at the latest. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 422 #
Proposal for a directive
Article 33 – paragraph 1
Article 33 – paragraph 1
Directive 2004/49/EC, as amended by the Directives listed in Annex II, Part A, is repealed with effect from [specific date to be inserted by OPOCE –two five years after the date of entry into force], without prejudice to the obligations of the Member States concerning the time limits for transposition into national law and application of the Directives set out in Annex II, Part B.
Amendment 424 #
Proposal for a directive
Article 34 – paragraph 2
Article 34 – paragraph 2
Articles 10 and 11 shall apply from [specific date to be inserted by OPOCE - twofive years after the date of entry into force] at the latest.