Activities of Karim ZÉRIBI related to 2013/0028(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1370/2007 concerning the opening of the market for domestic passenger transport services by rail PDF (508 KB) DOC (671 KB)
Amendments (43)
Amendment 43 #
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. With that in mind, all the lessons need to be learnt from the approach adopted by the European Union in the course of the last three railway reforms.
Amendment 46 #
Proposal for a regulation
Recital 3
Recital 3
(3) In its White Paper on transport policy of 28 March 2011 the Commission announced its intention to complete the internal railway market, allowing railway undertakings of the Union to provide all types of rail transport services without unnecessary technical and administrative barriers. Accordingly the current reform needs to be envisaged in the light of the railway models which have proved to be effective in the European Union.
Amendment 50 #
Proposal for a regulation
Recital 4
Recital 4
(4) When competent authorities organise their public passenger transport services they need to ensure that public service obligations and the geographical scope of public service contracts are appropriate, necessary and proportionate to achieve the objectives of the public passenger transport policy in their territory. This policy should be set out in plans for shared multimodal public transport plans leaving scope for market based transport solutions based on users’ needs and the development of territories, in an approach favouring a modal shift from road to rail. The process of definvising these shared multimodal public transport plans and public service obligations should incorporate three dimensions – economic, social and environmental – and should be made transparent to relevant stakeholders including potential market entrants.
Amendment 57 #
Proposal for a regulation
Recital 7
Recital 7
Amendment 62 #
Proposal for a regulation
Recital 9
Recital 9
(9) Certain upper limits for the direct award of public service contracts need to be adapted for rail transport ton the basis of a detailed position paper submitted to the independent national regulatory authority by the competent authority, incorporating technical, operational and economic parameters, to take account of the specific economic conditions under which tender procedures take place in this sector.
Amendment 71 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) The principle of reciprocity is an important tool for counteracting distortion of competition; it should apply to companies from third countries that wish to participate in public procurement procedures within the European Union. This principle could also apply within the Union. Under the subsidiarity principle, the competent transport authorities could decide to limit access by an undertaking from a Member State in which it holds a statutory monopoly.
Amendment 72 #
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, but not uniform, manner in all Member States.
Amendment 88 #
Proposal for a regulation
Recital 14
Recital 14
(14) Consistent with the internal logic of Regulation (EC) No 1370/2007, it should be made clear that the transitional period until 2 December 20129 refers only to the obligation to organise competitive tendering procedures for public service contracts.
Amendment 91 #
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, in the past, such contracts were awarded directly awarded in the pastnd without stating reasons. Transitional measures are therefore necessary for contracts awarded directly awardednd without stating reasons between the date of entry into force of this Regulation and 3 December 20129.
Amendment 100 #
Proposal for a regulation
Recital 16
Recital 16
(16) Once opening of the market for domestic passenger transport services by rail is achieved, as competent authorities may need to take measures to ensure a highsufficient level of competition by limiting the number of contracts that it awards to one railway undertaking, adequate provisions should be provided foron their territory, it is essential to ensure that these measures are taken in a transparent and fair manner, enabling the best possible operator to be selected without constraints or obstructions regarding the number of public service contracts awarded.
Amendment 101 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) In order to take full advantage of the benefits of fair and equal competition in passenger transport and in accordance with the principle of subsidiarity, it is essential that the Member States ensure that the social dimension of the rail offer is taken into account so as to eradicate any social dumping which would jeopardise the quality of the rail offer on their territory. By establishing national collective agreements for the rail sector, but also by ensuring that staff are taken over under contract award procedures, the competent authorities will enable a high-quality social framework to be put in place.
Amendment 106 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 109 #
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
Regulation (EC) No 1370/2007 is amended as follows, without prejudice to Union law on public procurement [Directive..., yet to be published]:
Amendment 124 #
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
"(c) "competent local authority" means any competent authority whose geographical area of competence is not national and which covers the transport needs of an urban agglomeration or a rural district;"ich has the power to intervene in public passenger transport matters in a geographical area which is not national;”
Amendment 135 #
Proposal for a regulation
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Regulation (EC) No. 1370/2007
Article 2 – point e
Article 2 – point e
Amendment 143 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – Title
Article 2 a (new) – Title
Amendment 151 #
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 and publish shared multimodal 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 ofmain characteristics of their public transport policy and the means to implement them covering all relevant transport modes for the territory for which they are responsible. They shared multimodal public transport plans shall at least include:
Amendment 162 #
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
basic requirements to be fulfilled by public transport offer such as accessibility, territorial connectivity, security, modal and intermodal interconnections at main connecting hubs, offer characteristics such as times oftabling principles for operation, and frequency of services and minimum degree of capacity utilisation;
Amendment 169 #
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
quality standards related to items such as equipment features of stops and of rolling stock, punctuality and reliability, cleanliness, customer service and information, complaint handling and redress, monitoring of service qualitykeeping customers informed when problems arise and public address announcements;
Amendment 182 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
(ea) applicable rules regarding passenger rights, social, employment and environmental protection.
Amendment 186 #
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 194 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 3
Article 2 a (new) – paragraph 1 – subparagraph 3
The competent authorities shall adopt the public transport plans after consultation of relevant stakeholders and publish them. For the purpose of this Regulation, relevant stakeholders to be taken into consideration are at least transport operators, infrastructure managers if appropriate, and representative passenger and employee organisations.
Amendment 198 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 2
Article 2 a (new) – paragraph 2
The establishment of public service obligations and the award of public service contracts shall be consistent with the applicable public transport plans, i.e. they shall determine the means to be employed in order to accomplish the objectives of the public transport plan.
Amendment 208 #
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 b
Article 2 a (new) – paragraph 3 – subparagraph 1 – point b
Amendment 245 #
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
Amendment 259 #
Proposal for a regulation
Article 1 – point 3 – point b
Article 1 – point 3 – point b
Regulation (EC) No. 1370/2007
Article 4 – paragraph 1 –point b – last sentence
Article 4 – paragraph 1 –point b – last sentence
"In the case of public service contracts not awarded according to Article 5(3), these parameters shall be determined in such a way that no compensation payment may exceed or underestimate the amount required to cover the net financial effect on costs incurred and revenues generated in discharging the public service obligations, taking account of revenue relating thereto kept by the public service operator and a reasonable profit;"
Amendment 260 #
Proposal for a regulation
Article 1 – point 3 – point b a (new)
Article 1 – point 3 – point b a (new)
Regulation (EC) No. 1370/2007
Article 4 – paragraphe 1 – point b a (new)
Article 4 – paragraphe 1 – point b a (new)
(ba) The third sentence of paragraph 1, point (b) is modified by the following: to prevent any overpayment or underpayment of compensation.
Amendment 273 #
Proposal for a regulation
Article 1 – point 3 – point c
Article 1 – point 3 – point c
Regulation (EC) No. 1370/2007
Article 4 – paragraph 6
Article 4 – paragraph 6
Amendment 292 #
Proposal for a regulation
Article 1 – point 4 – point -a c (new)
Article 1 – point 4 – point -a c (new)
Regulation (EC) No. 1370/2007
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
(-ac) The following paragraph 3a is added: "3a. The competent authority may exclude operators in non-EU countries from participating in the competitive tendering procedures when these non-EU countries do not open their tendering procedures to Member State undertakings. The competent authority may also exclude an undertaking from another Member State from participating in the competitive tendering procedures when said undertaking has monopoly status in said country."
Amendment 305 #
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 - point b
Article 5 – paragraph 4 – subparagraph 1 - point b
where they concern the annual provision of less than 300 000 kilometres of public passenger transport services or less than 15 000 000 kilometres in the case of a public service contract including public transport by rail.
Amendment 315 #
Proposal for a regulation
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Regulation (EC) No. 1370/2007
Article 5 – paragraphe 4 – subparagraph 1 - point b a (new)
Article 5 – paragraphe 4 – subparagraph 1 - point b a (new)
(ba) on the basis of a detailed technical report drawn up no later than 24 months before the end of the current contract, sent to the independent national regulatory authority, and covering the following criteria: - network complexity requiring a global multimodal approach owing to the density of the railway system in the geographic area concerned and the frequency of services or owing to the railway system having technical specifications which differ considerably from traditional standards; - an economic dimension which enables the viability of a public service contract to be justified by balancing profitable areas against non-profitable ones and/or productivity gains and operator performance improving in line with the competent authority's expectations; - greater customer satisfaction with the current public service contract as set out in the annual report referred to in Article 7(1) of this Regulation; The independent national regulatory authority shall rule on the validity of the competent authority's request on receipt of this report. The opinion of the independent national regulatory authority shall be binding and immediately applicable.
Amendment 336 #
Proposal for a regulation
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Regulation (EC) No. 1370/2007
Article 5 – paragraph 6
Article 5 – paragraph 6
"Competent authorities may decide thatwhether, in order to increase competition between railway undertakings, contracts for public passenger transport by rail covering parts of the same network or package of routes shall be awarded to different railway undertakings. To this end the competent authorities may decide before launching the tender procedure to limit the number of contracts toor shall not be awarded to the samedifferent railway undertakings."
Amendment 351 #
Proposal for a regulation
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 1370/2007
Article 5 a (new) – paragraph 1
Article 5 a (new) – paragraph 1
Amendment 356 #
Proposal for a regulation
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 1370/2007
Article 5 a (new) – paragraph 2 – subparagraph 1
Article 5 a (new) – paragraph 2 – subparagraph 1
Where rolling stock leasing companies which provide for the leasing of rolling stock referred to in paragraph 1 under non-discriminatory and commercially viable conditions to all of the public rail passenger transport operators concthe leasing of rolling stock under the conditions referred to in paragraph 1 is not offerned do not exist ion the relevant market, Member Statcompetent authorities shall ensure that the residual value risk of the rolling stock is borne by the competent authority in compliance with State aid rules, when operators intending and able to participate in tendering procedures for public service contracts so request in order to be able to participate in tendering procedures.
Amendment 384 #
Proposal for a regulation
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 1370/2007
Article 5 a (new) – paragraph 4
Article 5 a (new) – paragraph 4
Amendment 385 #
Proposal for a regulation
Article 1 – point 6
Article 1 – point 6
Regulation (EC) No 1370/2007
Article 6 – paragraph 1
Article 6 – paragraph 1
1. All compensation connected with a general rule or a public service contract shall comply with Article 4, irrespective of how the contract was awarded. All compensation of whatever nature connected with a public service contract not awarded according to Article 5(3) or connected with a general rule shall also comply with the provisions laid down in the Annex.”
Amendment 388 #
Proposal for a regulation
Article 1 – point 7 – point a
Article 1 – point 7 – point a
Regulation (EC) No 1370/2007
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Each competent authority shall make public once a year an aggregated report on the public service obligations for which it is responsible, the starting date and duration of the public service contracts, the selected public service operators and the compensation payments and exclusive rights granted to the said public service operators by way of reimbursement. The report shall assess performance in terms of compliance and specify all transport service indicators, including punctuality, reliability, cleanness, user satisfaction as measured by public opinion polls, and the minimum capacity utilisation rate. The report shall distinguish between bus transport and rail transport, allow the performance, quality and financing of the public transport network to be monitored and assessed and, if appropriate, provide information on the nature and extent of any exclusive rights granted. Member States shall facilitate central access to these reports, for instance through a common web portal.”
Amendment 398 #
Proposal for a regulation
Article 1 – point 8 – point a
Article 1 – point 8 – point a
Regulation (EC) No 1370/2007
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
2. Without prejudice to paragraph 3, the award of public service contracts by rail with the exception of other track-based modes such as metro or tramways shall comply with Article 5(3. (a) aAs from 3 December 2019. All public service contracts by other track-based modes and by road must have been awarded in compliance with Article 5(3) by 3 December 2019 at the latest29 in the case of rail transport with the exception of other track-based modes such as metro or tramways; (b) As from 3 December 2019 in the case of transport by other track-based modes and by road. During these transitional period running until 3 December 2019,s Member States shall take measures to gradually comply with Article 5(3) in order to avoid serious structural problems in particular relating to transport capacity.”
Amendment 408 #
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 20135 and 2 December 20129 may continue until their expiry date. However they shall, in any event, not continue after 31 December 202232 except in the cases referred to in Article 5(2), (4), and (5).”
Amendment 415 #
Proposal for a regulation
Article 1 – point 9
Article 1 – point 9
Regulation (EC) No 1370/2007
Article 9 a (new) – title
Article 9 a (new) – title
Amendment 417 #
Proposal for a regulation
Article 1 – point 9
Article 1 – point 9
Regulation (EC) No 1370/2007
Article 9 a (new)
Article 9 a (new)
Amendment 418 #
Proposal for a regulation
Article 1 – point 9
Article 1 – point 9
Regulation (EC) No 1370/2007
Article 9 a (new) – paragraph 1
Article 9 a (new) – paragraph 1
Amendment 419 #
Proposal for a regulation
Article 1 – point 9
Article 1 – point 9
Regulation (EC) No 1370/2007
Article 9 a (new) – paragraph 2
Article 9 a (new) – paragraph 2