134 Amendments of Karim ZÉRIBI
Amendment 246 #
2013/2020(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Notes the April 2013 report of the UN Secretary-General on the situation concerning Western Sahara, which stresses 'the critical importance of addressing the Western Sahara conflict as part of a broader strategy for the Sahel', and that 'the issue of human rights remains important for any resolution of the conflict'; further notes the conclusions of many observers that Western Sahara risks becoming destabilised by the conflict in the Sahel and the groups participating in itat the conflict in the Sahel, and in particular the presence of terrorist groups such as AQMI in northern Mali and southern Algeria, are factors destabilising Western Sahara;
Amendment 325 #
2013/2020(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Welcomes efforts to improve the documentation of alleged human rights abuses in Western Sahara, in particular through the institution of the Moroccan National Council for Human Rights (CNDH), with offices in Laayoune and Dakhla; notes the positive work of the CNDH, and calls on the Moroccan Government to help strengthen its independence and remit, and to ensure the implementation of its recommendations; welcomes the adoption in 2012 of five recommendations on the human rights situation in Western Sahara; furthermore welcomes Moroccan invitations to, and acceptances of, ad-hoc international delegations, including the UNSR on torture, and urges all relevant parties to continue such engagement with UN human rights bodies;
Amendment 88 #
2013/0157(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a framework on market access to port services and financial transparency of ports (Text with EEA relevance)
Amendment 93 #
2013/0157(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The full integration of ports in seamless logistic and transport chains is needed to contribute to growth and a more efficient use and functioning ofModern port services should help make ports more efficient and foster a climate conducive to the development of port investments in line with current and future transport and logistics requirements and a better interconnection with the trans- European transportil network and the internal market. This requires modern port services contributing to an efficient use of ports and a climate favourable to investments to develop ports in line with current and future transport and logistics requirements. A financial framework for financial transparency should serve as a basis for increased cross-border cooperation and coordination between ports in terms of planning infrastructure and management capacities.
Amendment 97 #
2013/0157(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
Amendment 98 #
2013/0157(COD)
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) The Commission should put forward a trans-European plan, in the context of the Motorways of the Sea, in order to be able to develop ports in border regions, in particular on the Mediterranean, Black Sea, Atlantic and Baltic Sea coasts, so as to ensure the provision of appropriate port services in terms of distance of flows of goods between the port of departure and port of arrival, thereby contributing to a reduction in pollution and noise pollution from transport by land.
Amendment 112 #
2013/0157(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Pilotage, mooring and towing services are technical nautical services which have public service characteristics such as the universality and continuity of service, regulation and supervision by the public authorities, and the satisfaction of public interest requirements, such as maritime safety and environmental protection. These characteristics justify the fact that some Member States have established a specific legal framework governing the providers of these services, and that they are excluded from the scope of Chapter II of this Directive;
Amendment 115 #
2013/0157(COD)
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) Mooring services have the characteristics of a public service, such as universality and continuity of service, regulation and supervision by the public authorities and the satisfaction of public interest requirements such as maritime safety and environmental protection. These characteristics were recognised for mooring services by the Court of Justice of the EU in its judgment of 18 June 1998 Corsica Ferries France (C-266/96);
Amendment 125 #
2013/0157(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In the interest of efficient, safe and environmentally sound port management, the managing body of the port should be able to require thatimpose on port service providers can demonstrate that they meet minimum requirements to perform the service in an appropriate way. These minimum requirements should be limited to a clearly defined set of conditions concerninginclude, inter alia, the professional qualifications of the operators, including in terms of training, and the equipment required insofar as these requirements are transparent, non- discriminatory, objective and relevant for the provision of the port services well as respect for the collective agreements and national social standards applicable to the service concerned, the necessary equipment, respect for the requirements as regards maritime safety, port security and environmental requirements.
Amendment 138 #
2013/0157(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The recourse toMember States should be able to impose public service obligations leading tojustifying a limitation in the number of providers of a port service should only be justified for reasons of public interest in order to ensure the accessibility of the port service to all users, the availability of the port service all year long or the affordability of the port service to certain category of users, maritime security and safety and protection of the environment.
Amendment 143 #
2013/0157(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The managing body of the port should not discriminate between providers of port services, in particular in favour of an undertaking or body in which it holds an interest.
Amendment 191 #
2013/0157(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The different independent supervisory bodies should exchange information on their work and cooperate in order to ensure a uniformconsistent application of this RegulationDirective.
Amendment 194 #
2013/0157(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) In order to supplement and amtrengthend certain non-essential elements of this Regulation and in particular to promote the uniform applicationDirective in terms of environmental charging, reinforce the Union-wide coherence of environmental charging and to ensure common charging principles in relation to the promotion of short sea shipping, and, more broadly, the Motorways of the Sea, as provided for within the framework of the rules on the Trans-European Transport Networks, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of common classifications of vessels, and fuels and types of operations according to which to vary the infrastructure charges and common charging principles for port infrastructure charges. It is of particular importance that. When adopting such delegated acts, the Commission shall take into account the Environmental Ship Index as well as progress made by the World Ports Climate Initiative (WPCI). These classifications should serve as a basis for variations in infrastructure charges without calling into question the Ccommission carry out appropriate consultations during its preparatory work, including at expert levelpetence of the relevant port authorities in terms of setting port infrastructure charges. 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 Council.
Amendment 202 #
2013/0157(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) In order to ensure uniformappropriate conditions for the implementation of this RegulationDirective, implementing powers relating to appropriate arrangements for the exchange of information between independent supervisory bodies should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers13. __________________ 13 OJ L 55, 28.02.11, p. 13. OJ L 55, 28.02.11, p. 13.
Amendment 206 #
2013/0157(COD)
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31a) Working conditions in ports have a great impact on their efficiency. In this connection, the sectoral social dialogue committees for ports should play their role of conciliation in terms of social conditions, in particular working conditions, health and safety, training and qualifications. The Commission should facilitate and support negotiations and follow them up. The social partners are called upon to report on their progress in good time so that it can be included by the Commission when it draws up its report on the effects of this Directive.
Amendment 224 #
Amendment 233 #
2013/0157(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This RegulationDirective shall apply to all seaports of the core network of the trans-European transport network, as defined in Annex I of Regulation XXX [regulation on the TEN-T Guidelines].
Amendment 246 #
2013/0157(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
6. "mooring" means the mooring services in charge of berthing and un- berthing serviceoperations required for a waterborne vessel being anchored or otherwise fastened to the shore in the port or in the waterways access to the port;
Amendment 251 #
2013/0157(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
9. "port infrastructure charge" means a fee collected for the direct or indirect benefit of the managing body of the port and paid by the operators of waterborne vessels or cargo owners for the use of infrastructures, facilities and services, under the control and the administrative management of the managing body of the port, that allow vessels entry and exit in and out of the port, including the waterways giving access to those ports, as well asnd access to the processing of passengers and cargo and land connections with the port;
Amendment 255 #
2013/0157(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
12. "port service contract" means a formal and legally binding agreement between a provider of port service and a competent authority whereby this body designates a provider of port service to provide port services following a procedure to limit the number of providers of port services, without prejudice to the existing procedures for designating port service providers in the Member States;
Amendment 272 #
2013/0157(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The managing body of the port or the competent authority may require that providers of port services comply with minimum requirements to perform the corresponding port service.
Amendment 284 #
2013/0157(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(da) the credentials of the applicant with regard to respect for social and labour rights, including respect for existing collective agreements and the legal provisions in terms of health and safety at the workplace;
Amendment 291 #
2013/0157(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 298 #
2013/0157(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The managing body of the port shall grant or refuse the right to provide port services on the basis of the minimum requirements established in accordance with Article 4 within onea reasonable period of time and in any case no more than six months from receiving a request for the granting of such a right. Any refusal shall be duly justified on the basis of objective, transparent, non- discriminatory and proportionate criteria.
Amendment 302 #
2013/0157(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the scarcity or reserved use of land, provided that the managing body can demonstrate that the land constitutes an essential port facility to provide thewhich is essential for the provision of port services and that the limitation is, where applicable, in accordance with the formal development plan of the port as agreed by the management body of the port and where appropriate any other public competent authorities according to the relevant national legislation;
Amendment 308 #
2013/0157(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) where the characteristics of the port traffic of a given port do not enable multiple providers to provide port services in economically satisfactory conditions and/or in terms of security and quality of service;
Amendment 342 #
2013/0157(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. In the event of a disruption of port services for which public service obligations are imposed or when an immediate risk of such a situation occurs, the competent authority may take an emergency measure whilst strictly complying with the applicable national rules on social rights. The emergency measure may take the form of a direct award so as to attribute the service to a different provider for a period up to one year. During that time period, the competent authority shall either launch a new procedure to select a provider of port service in accordance with Article 7 or shall apply Article 9.
Amendment 358 #
2013/0157(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. This RegulationDirective shall not affect the application of the social and labour rules of the Member States or the relevant collective agreements applicable.
Amendment 365 #
2013/0157(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Without prejudice to relevant national andlaw, Union law, including collective agreements between social partners particular Directives 2002/14/EC and 2001/23/EC, and collective agreements between social partners at the European, national, regional or local level, the managing bodies of the port mayshall require the designated provider of port services appointed in accordance with the procedure established by Article 7, in the case where this provider is different from the incumbent provider of port services, to respect rights in terms of informing and consulting workers and to grant staff previously taken on by the incumbent provider of port services the rights to which they would have been entitled if there had been a transfer within the meaning of Directive 2001/23/EC.
Amendment 373 #
2013/0157(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Where mManaging bodies of the port require providers of port services to comply with certain social standards as regards the provision of relevant port services. To that end, tender documents and port service contracts shall list the staff concerned and give transparent details of their contractual rights and the conditions under which employees are deemed to be linked to the port services.
Amendment 381 #
2013/0157(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
This Chapter and the transitional provisions of Article 24 shall notonly apply to cargo handlbunkering services and passenger servicort reception facilities.
Amendment 389 #
2013/0157(COD)
Proposal for a regulation
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
2. Where the managing body of the port that receives public funds provides port services itself and receives public funds for those port services, it shall keep thwo separate accounts, of eachne for the port service activity separate from the accounts ofies for which it receives public funding and another for its other activities, in such a way that :
Amendment 421 #
2013/0157(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Without prejudice to paragraph 3, port infrastructure charges may vary in accordance with commercial practices related to frequent users, or in order to the port's economic strategy, commercial practices and spatial planning policy, as defined by the port. These charges may thus vary in particular according to how frequently the port is used, the promoteion of a more efficient use of the port infrastructure, short sea shipping or a high environmental performance, energy efficiency or carbon efficiency of transport operations. The criteria used for such a variation shall be relevant, objective, transparecomply with the rules on state aid and competition, take into and non-discriminatory and in dueccount external costs and respect of the competition rules. The resulting variation shall in particular be available to all relevant port service users on equal termsprinciple of non- discrimination on grounds of nationality.
Amendment 427 #
2013/0157(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The Commission shall be empowered to adopt, where necessary, delegated acts in accordance with the procedure referred to in Article 21 concerning commoninternational classifications of vessels, and fuels and types of operations according to which thethat are liable to affect the variation of infrastructure charges can vary and common charging principles for port infrastructure chargesd the common environmental guidelines that enable the port authority to take into account the existing fleet.
Amendment 433 #
2013/0157(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The managing body of the port shall inform port users and the representatives or associations of port users about the structure and the criteria used to determine the amount of the port infrastructure charges, including the total costs and revenues serving as a basis to determine the structure and the level of the port infrastructure charges, without, however, any connection being made between them. It shall inform users of the port infrastructures of any changes in the amount of the port infrastructure charges or in the structure or criteria used in order to determine such charges at least three months in advance.
Amendment 436 #
2013/0157(COD)
Proposal for a regulation
Article 14 – paragraph 7
Article 14 – paragraph 7
7. The managing body of the port shall make available to the competent independent supervisory body and to the Commission, upon request and in a transparent manner, the information referred to in paragraph 4 and the detailed costs and revenues, serving as a basis to determine the structure and the level of the port infrastructure charges and the methodology used for setting the port infrastructure charges with regard to the facilities and services to which these port charges relate to.
Amendment 442 #
2013/0157(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The managing body of the port shall establish a committee of representatives of operators of waterborne vessels, cargo owners or other port users which are requested to pay an infrastructure charge or a port service charge or both. This committee shnsure that appropriate consultation mechanisms exist, bringing together, amongst others, representatives of operators of waterborne vessels, cargo owners or other port users, including representatives of interconnected transport service providers. These consultations shall enable stakeholders to be adequately informed about the structure and level of port infrastructure charges, especially where they are modified substantially, be called the "port users' advisory committee"fore such modifications are implemented and before such charges are set.
Amendment 445 #
2013/0157(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The managing body of the port shall consult on an annual basis prior to the setting of port infrastructure charges the port users' advisory committee on the structure and level of such charges. The providers of port services as referred to in Article 6 and in Article 9(1) shall consult on an annual basis, prior to the setting of port service charges, the port users' advisory committee on the structure and level of such charges. The managing body of the port shall provide adequate facilities for such consultation andlatter shall be informed of the results of the consultation by the providers of port services.
Amendment 454 #
2013/0157(COD)
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. The managing body of the port shall regularly consult stakeholders such as undertakings established in the port, providers of port services, operators of waterborne vessels, representatives of port service workers, cargo owners, land transport operators and public administrations operating in the port area, in addition to representatives of residents living near the port area and representatives of non-governmental organisations (NGOs) on the following:
Amendment 460 #
2013/0157(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point c a (new)
Article 16 – paragraph 1 – point c a (new)
(ca) the consequences of planning and of spatial planning decisions in terms of environmental performance;
Amendment 468 #
2013/0157(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that an independent supervisory body monitors and supervises the application of this Regulationcompliance with this Directive in all the seaports covered by this RegulationDirective on the territory of each Member State.
Amendment 515 #
2013/0157(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The independent supervisory bodies shall exchange information about their work and decision-making principles and practices in order to facilitate a uniformharmonised implementation of this RegulationDirective. For this purpose, they shall participate and work together in a network that convenes at regular intervals and at least once a year. The Commission shall participate, coordinate in and support the work of the network.
Amendment 519 #
2013/0157(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The Member States shall ensure that the independent supervisory bodies shall provide the Commission, after a reasoned request, with the information necessary for it to carry out its tasks. The information requested by the Commission shall be necessary and proportionate to the performance of those tasks.
Amendment 532 #
2013/0157(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
Amendment 536 #
2013/0157(COD)
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24a Transposition Member States shall adopt and publish, by [two years after adoption] at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions. They shall apply those measures from [two years after adoption].
Amendment 538 #
2013/0157(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
Amendment 541 #
2013/0157(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
Amendment 79 #
2013/0029(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The existing requirements for the independence of infrastructure managers from railway transport undertakings, as laid down in Directive 2012/34/EU, only cover the essential functions of the infrastructure manager, which are the decision-making on train path allocation, and the decision-making on infrastructure charging. It is however necessary that all the functions are exercised in an independent way, since other functions may equally be used to discriminate against competitors. This is in particular true for decisions on investments or on maintenance which may be made to favour the parts of the network which are mainly used by the transport operators of the integrated undertaking. Decisions on the planning of maintenance works may influence Since other functions may equally be used to discriminate against competitors, it is necessary that all the functions are exercised in a way that guarantees non-discriminatory access to the network via the phasing-in of safeguards that nevertheless take into account the level of sensitivity of each one, withe availability of train paths for the competi view to the optimum operation of the sectors.
Amendment 87 #
2013/0029(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The existing requirements of Directive 2012/34/EU only include legal, organisational and decision-making independence. This does not entirely exclude the possibility of maintaining or setting up an integrated undertaking, as long as these three categories of independence are ensured. Concerning theAs far as the independence of decision-making independences concerned it must be ensured that the appropriate safeguards exclude control ofprevent an integrated undertaking from being able to exercise exclusive control over the decision-making of an infrastructure manager. However, even the full application of such safeguards does no, thereby discriminating against completely remove all the possibilities for discriminatory behaviour towards competitors which exist in the presence of a vertically integrated undering railway undertakings. Another way of helping to attaking. In particular, the potential for cross- subsidisation still exists in integrated structures, or at least it is very difficult for regulatory bodies to control and enforce safeguards which are established to prevent such cross-subsidisation. An institutional separation of the objective of non-discrimination would be to draw up a set of relevant rules to govern the financing of the activities of the infrastructure managementr and transport operation is the most effective measure to solve these problemshe rail operator respectively.
Amendment 96 #
2013/0029(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Member States should therefore be required to ensure that the same legal or natural person or persons are not entitled to exercise exclusive control over an infrastructure manager and, at the same time, exercise control or any right over a railway undertaking over a railway undertaking at the same time, where the effect of such would be to discriminate against its competitors. Conversely, control over a railway undertaking should preclude the possibility of exercising control or any rightexclusive control over an infrastructure manager.
Amendment 103 #
2013/0029(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Where Member States still maintain anthe infrastructure manager which is part ofbelongs to a vertically integrated undertaking, they Member States concerned should at least introduce strict safeguards to guarantee effective independence of the entire infrastructure manager in relation to the integratedthat the infrastructure manager operates in an impartial manner in respect of the legal entities of the integrated undertaking and any other railway undertaking. These safeguards should not only concern the corporate organisation of the infrastructure manager in relation to the integrated undertaking, but also the management structure of the infrastructure manager, and, as far as possible within an integrated structure, prevent financial transfers betweenfrom the infrastructure manager andto the other legal entities of the integrated undertaking with a railway undertaking licence. These safeguards do not only correspond to what is necessary to fulfil the existing requirements of decision-making independence of the essential functions under Directive 2012/34/EU, in terms of management independence of the infrastructure manager, but go beyond those requirements by adding clauses to exclude that incomes of the infrastructure manager may be used to fund the other entities within the vertically integrated undertaking with a railway undertaking licence. This should apply independently of the application of fiscal legislation of Member States and without prejudice to EUuropean Union state aid rules.
Amendment 112 #
2013/0029(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Despite the implementation of the safeguards guaranteeing independence vertically integrated undertakings could abuse of their structure to provide undue competitive advantages for railway operators belonging to such undertakings. For this reason, without prejudicepursuant to Article 258 of the Treaty on the Functioning of the European Union, the Commission should verify, upon request of a Member State or on its own initiative, that these safeguards are effectively implemented and that any remaining distortions of competition are removed. In case the Commission is not in a position to confirm that this has been achieved, all Member States should have the possibility to limit or revoke access rights of the integrated operators concerned.
Amendment 161 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 2012/34/EU
Article 3 – point 2
Article 3 – point 2
(2) ‘infrastructure manager’ means any body or firm ensuring the development, operation and maintenance of railway infrastructure on a network; development includes network planning, financial and investment planning as well as building and upgrades of the infrastructure, without prejudice to the powers of the Member States in accordance with Article 8(1) and (2); operation of the infrastructure includes all elements of the process of train path allocation, including both the definition and the assessment of availability and the allocation of individual paths, traffic management and infrastructure charging, including determination and collection of the chargestraffic management and infrastructure charging; maintenance includes infrastructure renewals and the other asset management activities;
Amendment 171 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 2012/34/EU
Article 3 – point 31 – introductory part
Article 3 – point 31 – introductory part
‘vertically integrated undertaking’ means an undertaking where the railway undertaking is a user of the infrastructure manager’s infrastructure and where:
Amendment 173 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 2012/34/EU
Article 3 – point 31 – indent 1
Article 3 – point 31 – indent 1
- one or several railway undertakings are owned or linked via a similar relationship, or partly owned, by the same undertaking as an infrastructure manager (holding company), or
Amendment 174 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 2012/34/EU
Article 3 – point 31 – indent 2
Article 3 – point 31 – indent 2
- an infrastructure manager is owned or linked via a similar relationship, or partly owned, by one or several railway undertakings or
Amendment 176 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 2012/34/EU
Article 3 – point 31 – indent 3
Article 3 – point 31 – indent 3
- one or several railway undertakings are owned or linked via a similar relationship, or partly owned, by an infrastructure manager;. Vertically integrated undertakings exercising all or some of the infrastructure management functions, within the meaning of Article 3(2), under a contract awarded in accordance with public procurement rules that belong to a holding engaged via a subsidiary in railway operations that account for a minor proportion of the group’s activities shall not be subject to the obligations set out in Articles 7a and 7b.
Amendment 205 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2012/34/EU
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Without prejudice to their planning and infrastructure financing capabilities, the Member States shall ensure that the infrastructure manager performs all the functions referred to in Article 3(2) and is independent from any railway undertaking.
Amendment 207 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2012/34/EU
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
To guarantee the independence of the infrastructure manager, Member States shall ensure that infrastructure managers are organised in an entity that is legally distinct from any railway undertaking. Enterprises carrying out some or all of the infrastructure management tasks set out in Article 3(2) in a given railway infrastructure and, where relevant, a railway transport service activity in the same infrastructure, within the scope of the PPPs awarded, are not required to satisfy the requirements of Article 7(1) and (2).
Amendment 215 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2012/34/EU
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) to directly or indirectly exercise control in the sense of Council Regulation (EC) No 139/2004,simultaneously hold any financial interest in or exercise any right over a railway undertaking and over an infrastructure manager at the same time;
Amendment 218 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
(b) to appoint members of the supervisory board, the administrative board or bodies legally representing an infrastructure manager, and at the same time to directly or indirectly exercise control, hold any finawithin the meaning of Councial interest in or exercise any right over a railway undertaking;Regulation (EC) No 139/2004, over a railway undertaking and an infrastructure manager
Amendment 219 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2012/34/EU
Article 7 – paragraph 2 – point c)
Article 7 – paragraph 2 – point c)
Amendment 222 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2012/34/EU
Article 7 – paragraph 2 – point d)
Article 7 – paragraph 2 – point d)
Amendment 228 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2012/34/EU
Article 7 – paragraph 3
Article 7 – paragraph 3
3. For the implementation of this Article, where the person referred to in paragraph 2 is a Member State or another public body,Paragraph 2 does not apply two public authorities which are separthe Member States and legally distinct from each other and which are exercising control or other rights mentioned in paragraph 2 over the infrastructure manager, on the one hand, and the railway undertaking, on the other hand, shall be deemed not to be the same person or personsto the undertakings referred to in the third subparagraph of Article 3(31).
Amendment 241 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2012/34/EU
Article 7 – paragraph 5
Article 7 – paragraph 5
5) Where on the date of entry into force of this Directive, the infrastructure manager belongs to a vertically integrated undertaking, Member States may decide not to apply paragraphs 2 to 43 of this Article. In such cases, the Member State concerned shall ensure that the infrastructure manager performs all the functions referred to in Article 3(2) and has effective organisational and decision- making independence from any railway undertaking in accordance with the requirements set in Articles 7a to 7c.’b.
Amendment 271 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 a – paragraph 3
Article 7 a – paragraph 3
3. The infrastructure manager's incomes may not be used in order to finance other legal entities within the vertically integrated undertaking but only in order to finance the business of the infrastructure manager and to pay dividends to the ultimate owner of the vertically integrated company. The infrastructure manager may not grant loans to any other legal entities within the vertically integrated undertaking, and no other legal entity within the vertically integrated undertaking may grant loans to the infrastructure manager. This shall however not prevent an integrated undertaking from transferring surpluses from commercial activities to an area of activity financed through public funds. Any services offered by other legal entities to the infrastructure manager shall be based on contracts and be paid at market prices. The debt attributed to the infrastructure manager shall be clearly separated from the debt attributed to other legal entities within the vertically integrated undertaking, and these debts shall be serviced separately. The accounts of the infrastructure manager and of the other legal entities within the vertically integrated undertaking shall be kept in a way that ensures the fulfilment of these provisions and allows for separate financial circuits for the infrastructure manager and for the other legal entities within the vertically integrated undertaking, in particular with regard to the prohibition on transferring public funds and revenues from the infrastructure to another area of activity.
Amendment 292 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 b – paragraph 1
Article 7 b – paragraph 1
1. Without prejudice to the decisions of the regulatory body under Article 56, the infrastructure manager shall have effective decision-making powers, independent from the other legal entities within the vertically integrated undertaking which have a railway undertaking licence, with respect to all the functions referred to in Article 3(2). The overall management structure and the corporate statutes of the infrastructure manager shall ensure that none of the other legal entities within the vertically integrated undertaking shall determine, directly or indirectly, the behaviourwhich have a railway undertaking licence shall have exclusive control over the decisions of the infrastructure manager in relation to these functions.
Amendment 298 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 b – paragraph 2 – subparagraph 1
Article 7 b – paragraph 2 – subparagraph 1
The members of the management board and senior staff membersor of the executive board of the infrastructure manager shall not be in the supervisory or management boards or be senior staff memberthe executive boards of any other legal entities with a railway undertaking licence within the vertically integrated undertaking.
Amendment 302 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
The members of the supervisory or management boards and senior staff members of the other legal entitiesor of the executive boards of other legal entities with a railway undertaking licence within the vertically integrated undertaking shall not be in the management board or be senior staff membersthe executive board of the infrastructure manager.
Amendment 312 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 b – paragraph 3 – subparagraph 1
Article 7 b – paragraph 3 – subparagraph 1
The infrastructure manager shall have a Smanagement board or, if it has an executive board, a supervisory Bboard which is composed of. This shall comprise representatives of the ultimate owners of the vertically integrated undertaking or individuals appointed by the Member State and representatives of the staff of the infrastructure manager, in conformity with the national rules governing the composition of companies’ governance bodies.
Amendment 314 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
The Supervisory Bis board may consult the Coordination Committee referred to under Article 7d on issues under itsthe competence of the latter.
Amendment 316 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 b – paragraph 3– subparagraph 3
Article 7 b – paragraph 3– subparagraph 3
Decisions regarding the appointment and renewal, working conditions including remuneration, and termination of the office of the management board memberspresident of the management board or the executive board of the infrastructure manager shall be taken by the Ssupervisory Bboard or by the ultimate owner. The identity and the conditions governing the duration and the termination of office of the persons nominated by the Ssupervisory Bboard or by the ultimate owner for appointment or renewal as memberspresident of the management board of the infrastructure manager, and the reasons for any proposed decision terminating the president’s office, shall be notified to the regulatory body referred to in Article 55. Those conditions and the decisions referred to in this paragraph shall become binding only if the regulatory body has expressly approved them. The regulatory body may object to such decisions where doubts arise as toonly if the professional independence of avis-à-vis all legal entities with a railway undertaking licence of the person nominated foto preside over the management board or in the case of premature termination of office of a member of the management board of the infrastructure managerthe executive board of the infrastructure manager could not be guaranteed, or if the premature termination of the president’s office was motivated for reasons of professional independence vis- à-vis all legal entities with a railway undertaking licence.
Amendment 318 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 b – paragraph 3 – subparagraph 4
Article 7 b – paragraph 3 – subparagraph 4
Amendment 341 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 b – paragraph 6
Article 7 b – paragraph 6
6. The infrastructure manager shall have the necessary organisational capacity to perform all of its functions independently from the other legal entities within the vertically integrated undertaking and from any other firm with a railway undertaking licence shall not be allowed to delegate to these legal entities the operation of these functions or any activities related to them.
Amendment 362 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 c – paragraph 1
Article 7 c – paragraph 1
1. Upon request of a Member State or on its own initiative, the Commission shall decide whether infrastructure managers which are part of a vertically integrated undertaking fulfil the requirements of Article 7a and Article 7b and whether the implementation of these requirements is appropriate to ensure a level playing field for all railway undertakings and the absence of distortion of competition in the relevant market, in particular with regard to the prohibition on transferring public funds and revenues from the infrastructure to another area of activity.
Amendment 363 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 c – paragraph 1
Article 7 c – paragraph 1
1. Upon request of a Member State or on its owIn accordance with the procedure under Article 258 of the Treaty on the Functioning of the European iUnitiativeon, the Commission shall decide whetherverify that infrastructure managers which are part of a vertically integrated undertaking fulfil the requirements of Article 7a and Article 7b and whetherthat their implementation of these requirements is appropriate to ensure a level playing field for all railway undertakings and the absence of distortion of competition in the relevantgives all railway undertakings a genuine right of access to the market.
Amendment 420 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 e – paragraph 1 – subparagraph 1
Article 7 e – paragraph 1 – subparagraph 1
Member States shall ensure that infrastructure managers participate and cooperate in a network to develop the Union rail infrastructure, in particular to ensure timely and efficient implementation of the trans- European transport network, including the core network corridors, rail freight corridors according to Regulation (EU) No 913/2010 and the European Rail Traffic Management System (ERTMS) deployment plan laid down in Decision 2012/88/EU keeping with the rail transport guidelines laid down by each Member State.
Amendment 439 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 e a (new)
Article 7 e a (new)
Vertically integrated undertakings managing specific investment projects as referred to in Article 32(3) of this Directive which face direct competition from other modes of transport shall not be subject ot the provisions of Articles 7 and 7a to c.
Amendment 455 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 6 – point a
Article 1 – point 6 – point a
Directive 2012/34/EU
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States may limit the right of access provided for in Article 10(2) to passenger services between a given place of departure and a given destination when one or more public service contracts cover the same route or an alternative route if the exercise of this right would compromise the economic equilibrium of the public service contract or contracts in question. Where a public service contract is awarded in accordance with Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road, the competent authorities may limit the right of access provided for in Article 10(2) of this Directive for the duration of the public service contract in question. These limitations shall not have the effect of restricting the right to take on passengers at a station situated on the route of an international service and to set them down at another, including at stations located in the same Member State, unless the exercise of that right is likely to compromise the economic equilibrium of the public service contract in question.
Amendment 556 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 8 g (new)
Article 1 – point 8 g (new)
Directive 2012/34/EU
Article 61
Article 61
8g. Article 61 is replaced by the following: Subject to the procedure laid down in Article 258 of the Treaty on the Functioning of the European Union, the Commission shall verify the adoption by the national authorities of the specific measures relating to the application of this Directive concerning conditions of access to railway infrastructure and services within twelve months after adoption of those measures.
Amendment 567 #
2013/0029(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by [148 months after entry into force] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall communicate to the Commission the text of those provisions immediately.
Amendment 43 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 62 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
Proposal for a regulation
Recital 18
Recital 18
Amendment 109 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
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 #
2013/0028(COD)
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
Amendment 14 #
2013/0013(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Regulation (EEC) No 1192/69 is inconsistent and incompatible with legislative measures currently in force. In particular, in the context of a liberalised marke and must wthere railway undertakings compete directly with the enumerated railway undertakings, it is no longer appropriate to discriminate between these two groups of different undertakingsfore be comprehensively recast.
Amendment 15 #
2013/0013(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) As a consequence, it is appropriate to repeal Regulation (EEC) No 1192/69 to eliminate inconsistencies in the EU legal order and this will contribute to simplification by eliminating a legal act which is now obsoletethe possibility should be assessed of extending the same rights to all railway undertakings, in accordance with the new Union legal framework governing the railway sector.
Amendment 17 #
2013/0013(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Regulation (EEC) No 1192/69 is repealedshall be repealed with effect from the date of transposition of Directive 2012/34/EU. At the latest two years before that date, the Commission shall submit a report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions assessing the development of the rail sector. On the basis of that report, the Commission shall, if it deems it appropriate, propose a postponement of the repeal of that Regulation and its amendment, with the aim of laying down common rules for the normalisation of the accounts of all railway undertakings.
Amendment 52 #
2011/0438(COD)
Proposal for a directive
Article 35 – paragraph 3 – subparagraph 1
Article 35 – paragraph 3 – subparagraph 1
A contracting authority fulfils its obligations pursuant to this Directive when it procures by having recourse to centralised purchasing activities, to the extent that the procurement procedures concerned and their performance are conducted by the central procurement body alone in all its stages from the publication of the call for competition to the end of the execution of the ensuing contract or contracts.
Amendment 499 #
2011/0302(COD)
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3 a. Support from the Cohesion Fund for sustainable transport infrastructure projects of European added value as listed in the Annex of Regulation ...../2013/EC on establishing the Connecting Europe Facility (CEF) shall be implemented in accordance with the Cohesion Fund Regulation as well as the Regulation ...../2013/EC on Union guidelines for the development of the Trans-European Transport Guidelines (TEN-T).
Amendment 500 #
2011/0302(COD)
Proposal for a regulation
Article 11 – paragraph 3 b (new)
Article 11 – paragraph 3 b (new)
3 b. The decision on the selection of projects co-financed by the Cohesion Fund and defined under the CEF and TEN-T Regulations shall be annually proposed by the Commission and decided by the European Parliament and the Council. The Commission shall be responsible for the management and implementation of these decided projects, in accordance with the CEF and TEN-T Regulations.
Amendment 505 #
2011/0302(COD)
Proposal for a regulation
Article 11 – paragraph 3 – point b – point ii
Article 11 – paragraph 3 – point b – point ii
(ii) actions to support cross-border road sectionsail sections, with a focus on cross-border sections that have been abandoned or cut since the Second World War;
Amendment 508 #
2011/0302(COD)
Proposal for a regulation
Article 11 – paragraph 3 – point b – point iii
Article 11 – paragraph 3 – point b – point iii
(iii) inland transport connections to ports and airports, development of multi-modal platforms and of port, of industrial sidings and of ports as well as interconnecting points, with priority on rail connections;
Amendment 792 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 08/33
Annex I – Volume 08/33
Incorporate the Tours-Dijon section into the core network
Amendment 960 #