BETA

Activities of Jean-Jacob BICEP related to 2013/0029(COD)

Shadow reports (1)

2016/11/22
Committee: TRAN
Dossiers: 2013/0029(COD)
Documents: PDF(653 KB) DOC(799 KB)

Shadow opinions (1)

2016/11/22
Committee: REGI
Dossiers: 2013/0029(COD)
Documents: PDF(200 KB) DOC(274 KB)

Amendments (102)

Jean-Jacob BICEP

Proposal for a directive
Recital 3

(3) Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area establishes a single European railway area with common rules on the governance of railway undertakings and infrastructure managers, on infrastructure financing and charging, on conditions of access to railway infrastructure and services and on regulatory oversight of the rail market. With all these elements in place, it is now possible to complete the opening of the Union railway market and reform the governance of infrastructure managers with the objective of ~~ensuring equal access to the infrastructure~~increasing the modal share of railways and improving the quality of rail services.

2013/09/16
Committee: REGI

Jean-Jacob BICEP

Proposal for a directive
Recital 4

(4) Directive 2012/34/EU requires the Commission to propose, if appropriate, legislative measures in relation of the opening of the market for domestic passenger transport services by rail and to develop appropriate conditions to ensure non-discriminatory access to infrastructure, building on the existing separation requirements between infrastructure management and transport operations.deleted

2013/09/16
Committee: REGI

Jean-Jacob BICEP

Proposal for a directive
Recital 6

(6) Member States should also ensure that all functions necessary to the sustainable operations, maintenance, and development of the rail infrastructure will be managed in a consistent manner by the infrastructure manager itself.deleted

2013/09/16
Committee: REGI

Jean-Jacob BICEP

Proposal for a directive
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 the availability of train paths for the competitors.deleted

2013/09/16
Committee: REGI

Jean-Jacob BICEP

Proposal for a directive
Recital 10

~~(10) The existing requirements of Directive 2012/34/EU only inclu~~de legal, organisational and decision-making independence. This does not entirely exclude the possibility of maintaining an integrated undertaking, as long as these three categories of independence are ensured. Concerning the decision-making independence it must be ensured that the appropriate safeguards exclude control of an integrated undertaking over the decision-making of an infrastructure manager. However, even the full application of such safeguards does not completely remove all the possibilities for discriminatory behaviour towards competitors which exist in the presence of a vertically integrated undertaking. 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 infrastructure management and transport operation is the most effective measure to solve these problems.ted

2013/09/16
Committee: REGI

Jean-Jacob BICEP

Proposal for a directive
Recital 12

(12) Where Member States still maintain an infrastructure manager which is part of a vertically integrated undertaking, they should at least introduce strict safeguards to guarantee effective independence of the entire infrastructure manager in relation to the integrated 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 between the infrastructure manager and the other legal entities of the integrated undertaking. 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. This should apply independently of the application of fiscal legislation of Member States and without prejudice to EU state aid rules.deleted

2013/09/16
Committee: REGI

Jean-Jacob BICEP

Proposal for a directive
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 prejudice to Art 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.deleted

2013/09/16
Committee: REGI

Jean-Jacob BICEP

Proposal for a directive
Recital 14

(14) Granting Union railway undertakings the right of access to railway infrastructure in all Member States for the purpose of operating domestic passenger services may have implications for the organisation and financing of rail passenger services provided under a public service contract. Member States should have the option of limiting such right of access where it would compromise the economic equilibrium or service quality of those public service contracts and where approval has been given by the relevant regulatory body.

2013/09/16
Committee: REGI

Jean-Jacob BICEP

Proposal for a directive
Recital 18 a (new)

(18a) To determine whether public contract service quality is affected by a free-access service on the same network, regulators should take account of factors such as network effects, connection continuity and promptness.

2013/09/16
Committee: REGI

Jean-Jacob BICEP

Proposal for a directive
Recital 19

(19) In order to increase the attractiveness of railway services for passengers, Member States ~~should be in a position to~~must require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets, through-tickets and reservations. IfWhen such a scheme is established, it should be ensured that it is interoperable and compatible with other national or European systems and does not create market distortion or discriminate between railway undertakings.

2013/09/16
Committee: REGI

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 1 – point a

Directive 2012/34/UE
Article 3 – point 2

(a) Point 2 is replaced by the following: ‘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; 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 charges; maintenance includes infrastructure renewals and the other asset management activities’;deleted

2013/09/16
Committee: REGI

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 1 – point c

Directive 2012/34/UE
Article 3 - point 31 (new)

(c) the following new Point 31 is added: 31) 'vertically integrated undertaking' means an undertaking where: – one or several railway undertakings are owned or partly owned by the same undertaking as an infrastructure manager (holding company), or – an infrastructure manager is owned or partly owned by one or several railway undertakings or – one or several railway undertakings are owned or partly owned by an infrastructure manager';deleted

2013/09/16
Committee: REGI

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 2

Directive 2012/34/UE
Article 6 – paragraph 2

~~2. In Article 6, paragraph 2 is~~ deleted;

2013/09/16
Committee: REGI

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 3

Directive 2012/34/UE
Article 7

3. Article 7 is replaced by the following: ‘Article 7 Institutional separation of the infrastructure manager 1. 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. 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. 2. Member States shall also ensure the same legal or natural person or persons are not allowed: a) to directly or indirectly exercise control in the sense of Council Regulation (EC) No 139/2004, hold any financial interest in or exercise any right over a railway undertaking and over an infrastructure manager at the same time; 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 financial interest in or exercise any right over a railway undertaking; c) to be a member of the supervisory board, the administrative board or bodies legally representing the undertaking, of both a railway undertaking and an infrastructure manager; d) to manage the rail infrastructure or be part of the management of the infrastructure manager, and at the same time to directly or indirectly exercise control, hold any financial interest in or exercise any right over a railway undertaking, or to manage the railway undertaking or be part of its management, and at the same time to directly or indirectly exercise control, hold any interest in or exercise any right over an infrastructure manager. 3. For the implementation of this Article, where the person referred to in paragraph 2 is a Member State or another public body, two public authorities which are separate 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 persons. 4. Provided that no conflict of interest arises and that confidentiality of commercially sensitive information is guaranteed, the infrastructure manager may subcontract specific development, renewal and maintenance works, over which it shall keep the decision-making power, to railway undertakings or to any other body acting under the supervision of the infrastructure manager. 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 4 of this Article. In such case, 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.’deleted

2013/09/16
Committee: REGI

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 4

Directive 2012/34/UE
Article 7 a (new)

~~Article 7 a~~deleted

2013/09/16
Committee: REGI

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 4

Directive 2012/34/UE
Article 7 b (new)

~~Article 7b~~deleted

2013/09/16
Committee: REGI

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 4

Directive 2012/34/UE
Article 7 c (new)

~~Article 7c~~deleted

2013/09/16
Committee: REGI

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 4

Directive 2012/34/UE
Article 7 d (new) – paragraph 1

Member States shall ensure that infrastructure managers set up and organise Coordination Committees for each network. Membership of this committee shall be open at least to the infrastructure manager, known applicants in the sense of Article 8(3) and, upon their request, potential applicants, their representative organisations, representatives of users of the rail freight and passenger transport services ~~and, wh~~, rail workere re~~levant,~~presentatives and regional and local authorities. Member State representatives and the regulatory body concerned shall be invited to the meetings of the Coordination Committee as observers.

2013/09/16
Committee: REGI

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 4

Directive 2012/34/UE
Article 7 e (new) – paragraph 3

The Commission may adopt measures setting out the common principles and practices of the Network, in particular to ensure consistency in benchmarking, and the procedures to be followed for cooperation in the Network. Those measures shall be adopted by means of an implementing act in accordance with the procedure referred to in Article 62(3).’, where necessary draw up legislative proposals to improve cooperation between infrastructure managers belonging to the Network.

2013/09/16
Committee: REGI

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 6 – point a

Directive 2012/34/EU
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 or erode the quality of the service provided.’;

2013/09/16
Committee: REGI

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 6 – point b

Directive 2012/34/EU
Article 11 – paragraph 2 – subparagraph 1

‘In order to determine whether the economic equilibrium of a public service contract would be compromised, the relevant regulatory body or bodies referred to in Article 55 shall make an objective economic analysis and base its decision on pre-determined criteria, taking into account the cumulative effect of the open-access service provided. They shall determine this after a request from any of the following, submitted within one month from the information on the intended passenger service referred to in Article 38(4):

2013/09/16
Committee: REGI

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 7

Directive 2012/34/EU
Article 13 a – paragraph 1

Without prejudice to Regulation (EC) No 1371/2007 and Directive 2010/40/EU, Member States ~~may~~shall require railway undertakings operating domestic passenger services to participate, not later than one year after the adoption of this Directive, in a common information and integrated ticketing scheme for the supply of tickets, through- tickets and reservations or decide to give the power to competent authorities to establish such a scheme. IfWhere such a scheme is established, Member States shall ensure that it is interoperable and can be integrated into other national or European schemes, that it does not create market distortion or discriminate between railway undertakings and that it is managed by a public or private legal entity or an association of all railway undertakings operating passenger services.

2013/09/16
Committee: REGI

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 8 a (new)

Directive 2012/34/EU
Article 56 – paragraph 1– points h and i (new)

8a. In Article 56(1), the following points are added: ‘(h) scheduled maintenance work; (i) unscheduled maintenance work;’

2013/09/16
Committee: REGI

Jean-Jacob BICEP

Proposal for a directive
Recital 1

(1) Over the past decade, the European motorway network has grown by 27 %, but the railway network in use has shrunk by 2 %. Furthermore, 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~~. R~~ and rail passenger services have not kept pace with evolving needs in terms of offer or quality.

2013/09/26
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 8 b (new)

Directive 2012/34/UE
Article 56 – paragraph 2

8b. In Article 56, paragraph 2 is replaced by the following: 'Without prejudice to the powers of the national competition authorities for securing competition in the rail services markets, the regulatory body shall have the power to monitor the competitive situation in the rail services market and shall control, in particular, points (a) to (i) of paragraph 1 on its own initiative and with a view to preventing discrimination against applicants. It shall, in particular, check whether the network statement contains discriminatory clauses or creates discretionary powers for the infrastructure manager that may be used to discriminate against applicants. With regard to passenger rail services, compliance with the requirements of Regulation (EC) 1370/2007 – concerning the services covered under Article 10 of this Directive – should be guaranteed by the regulatory body, acting on its own initiative in particular'.

2013/09/16
Committee: REGI

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 8 c (new)

Directive 2012/34/UE
Article 56 – paragraph 6

8c. Paragraph 56(6) shall be replaced by the following text: The regulatory body shall ensure that charges set by the infrastructure manager comply with Section 2 of Chapter IV and are non-discriminatory. The regulatory body shall also ensure that the charges fixed by the infrastructure manager, the service facilities operator or the railway undertakings for access, including access to platforms, ‘passenger’ stations, corresponding buildings and other equipment, including travel information displays, are non- discriminatory. In order to ensure that this is achieved, the regulatory body must be informed of any change to the structure or level of charges referred to in this paragraph no later than two months before the planned introduction of the charges. The regulatory body is entitled to ask for the amount of a planned adjustment to be increased or reduced, postponed or cancelled, no later than one month before its planned introduction. Negotiations between applicants and the infrastructure manager concerning the level of infrastructure charges shall only be permitted if these are carried out under the supervision of the regulatory body. The regulatory body shall intervene if negotiations are likely to contravene the requirements of this Chapter .

2013/09/16
Committee: REGI

Jean-Jacob BICEP

Proposal for a directive
Recital 1 a (new)

(1a) The principal reasons for rail’s insufficient modal share in Europe include unfair competition as regards other modes of transport, a lack of political will to develop rail transport and under-investment in rail networks.

2013/09/26
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 8 d (new)

Directive 2012/34/UE
Article 56 – paragraph 9 – subparagraph 3

8d. The third subparagraph of Article 56(9) shall be replaced by the following: In the event of an appeal against a refusal to grant infrastructure capacity, or against the terms of an offer of capacity, the regulatory body shall either confirm that no modification of the infrastructure manager's decision is required, or it shall require modification of that decision in accordance with directions specified by the regulatory body, no later than one month after receipt of the appeal. The infrastructure manager shall rectify the situation in financial terms as quickly as possible and no later than one month after receipt of the notification of the regulatory body’s request.

2013/09/16
Committee: REGI

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 8 e (new)

Directive 2012/34/EU
Article 56 – paragraph 10

8e. Paragraph 56(10) shall be replaced by the following text: ‘Member States shall ensure that decisions taken by the regulatory body are subject to legal review. The appeal may have suspensive effect on the decision of the regulatory body only when the immediate effect of the regulatory body’s decision may cause irretrievable or manifestly excessive damages for the appellant and where the decision is not connected to Articles 56(6) or 56(9) of this Directive. This provision is without prejudice to the powers of the court hearing the appeal as conferred by constitutional law, where applicable.’

2013/09/16
Committee: REGI

Jean-Jacob BICEP

Proposal for a directive
Recital 2 a (new)

(2a) In order to establish a single European rail area, it is vital for the relevant legislation to be effectively and fully applied in all the Member States within the prescribed time limits. Given the deficiencies that have been identified in the sector, the Member States should keep a close eye on the implementation of European legislation.

2013/09/26
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 8 f (new)

8f. In Article 57, the following new paragraph 9a shall be added: ‘Where an applicant believes that decisions taken by one or more infrastructure managers or bodies responsible for essential functions are hampering the development of cross- border services, it may submit directly to the network a request for a regulatory opinion. That request shall also constitute a request for a decision by the regulatory body or other national body or bodies. Where applicable, the network shall request the relevant information from the infrastructure manager or from the bodies responsible for essential functions, and, in any event, from the national regulatory bodies concerned, in accordance with the procedure described in Article 57(4). The network shall then issue a non-binding opinion with a view to ensuring that the services in question are facilitated rather than hampered. That opinion shall be communicated to the national regulatory bodies concerned and to the applicant no later than one month after the request was received. The national regulatory bodies concerned shall take into account the network’s opinion, before issuing their decisions, no later than one month after receiving the network’s opinion; they shall provide a written justification to the applicant of any deviation from this opinion.’

2013/09/16
Committee: REGI

Jean-Jacob BICEP

Proposal for a directive
Recital 3

(3) Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area establishes a single European railway area with common rules on the governance of railway undertakings and infrastructure managers, on infrastructure financing and charging, on conditions of access to railway infrastructure and services and on regulatory oversight of the rail market. With all these elements in place, it is now possible to complete the opening of the Union railway market and reform the governance of infrastructure managers with the objective ~~of ensuring equal access to the infrastructure~~increasing the modal share of rail and improving the quality of rail services.

2013/09/26
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 8 g (new)

8g. In Article 57, the following new paragraph 9b shall be added: ‘No later than one year after the entry into force of this Directive, the Commission shall adopt a legislative proposal to establish the network of regulatory bodies and confer legal personality on it.’

2013/09/16
Committee: REGI

Jean-Jacob BICEP

Proposal for a directive
Recital 6

(6) Member States should also ensure that all functions necessary to the sustainable operations, maintenance, and development of the rail infrastructure will be managed in a consistent manner by the infrastructure manager itself.deleted

2013/09/26
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Recital 8

(8) In order to ensure equal access to the infrastructure, any conflicts of interest resulting from integrated structures encompassing infrastructure management and transport activities should be removed. Removing incentives to discriminate against competitors is the only way to guarantee equal access to the railway infrastructure. It is a requirement for the successful opening of the market for domestic passenger transport services by rail. This should also remove the potential for cross-subsidisation, which exists in such integrated structures, and which also leads to market distortions.deleted

2013/09/26
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
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 the availability of train paths for the competitors.deleted

2013/09/26
Committee: TRAN

Jean-Jacob BICEP, Isabelle DURANT

Proposal for a directive
Recital 10

(10) The existing requirements of Directive 2012/34/EU only include legal, organisational or decision-making independence for the infrastructure manager or, failing all of the former, legal, organisational and decision-making independence for the essential functions. This does not entirely exclude the possibility of maintaining an integrated undertaking, as long as one of these three categories of independence ~~are~~is ensured. Concerning the decision-making independence it must be ensured that the appropriate safeguards exclude control of an integrated undertaking over the decision-making of an infrastructure manager. However, even the full application of such safeguards does not completely remove all the possibilities for discriminatory behaviour towards competitors which exist in the presence of a vertically integrated undertaking. In particular, the potential for cross- subsidisation still exists in integrated structures~~, or at least it is very difficult for~~ and it is necessary to give extensive powers to regulatory bodies to allow them to control and enforce safeguards which are established to prevent such cross-subsidisation. An institutional separation of infrastructure management and transport operation is ~~the most~~an effective measure to solve these problems but it brings along increased transaction costs, synergy losses and a misalignment of objectives, which can lead to poorer services at higher costs.

2013/09/26
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Recital 12

(12) Where Member States still maintain an infrastructure manager which is part of a vertically integrated undertaking, they should at least introduce strict safeguards to guarantee effective independence of the entire infrastructure manager in relation to the integrated 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 between the infrastructure manager and the other legal entities of the integrated undertaking. 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. This should apply independently of the application of fiscal legislation of Member States and without prejudice to EU state aid rules.deleted

2013/09/26
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
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 prejudice to Art 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.deleted

2013/09/26
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Recital 14

(14) Granting Union railway undertakings the right of access to railway infrastructure in all Member States for the purpose of operating domestic passenger services may have implications for the organisation and financing of rail passenger services provided under a public service contract. Member States should have the option of limiting such right of access where it would compromise the economic equilibrium of those public service contracts or the quality of the service that they provide and where approval has been given by the relevant regulatory body.

2013/09/26
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Recital 18 a (new)

(18a) To determine whether the quality of the service provided under a public service contract is affected by a free- access service on the same network, the regulatory bodies should take into account, in particular, network effects, the maintenance of connections and the punctuality of the services provided under the public service contract.

2013/09/26
Committee: TRAN

Jean-Jacob BICEP, Michael CRAMER

Proposal for a directive
Recital 19

(19) In order to increase the attractiveness of railway services for passengers, Member States ~~should be in a position~~will have to require railway undertakings operating ~~domestic~~ passenger services to participate in a common information and ~~integrated~~through ticketing scheme for the supply of tickets, through-tickets and reservations. IfWhen such a scheme is established, ~~it should be ensure~~there will be a need to ensure that it is interoperable and can be integrated into other national or European schemes, and that it does not create market distortion or discriminate between railway undertakings.

2013/09/26
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Recital 19 a (new)

(19a) The opening-up of the railway market for passengers and the development of a Single European Railway Area should under no circumstances lead to a decline in the working conditions of workers in the sector or be a cause of social dumping. With that in view, conditions governing the opening-up of the markets, in particular the use by Member States of collective agreements applying in their territory, should be established.

2013/09/26
Committee: TRAN

Jean-Jacob BICEP, Isabelle DURANT

Proposal for a directive
Article 1 – point 1 – point a

Directive 2012/34/EU
Article 3 – point 2

(a) Point 2 is replaced by the following: ‘(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; 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 charges; maintenance includes infrastructure renewals and the other asset management activities;’deleted

2013/09/26
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 1 – point c

Directive 2012/34/EU
Article 3 – point 31

(c) the following new Point 31 is added: ‘(31) “vertically integrated undertaking” means an undertaking where: one or several railway undertakings are owned or partly owned by the same undertaking as an infrastructure manager (holding company), or an infrastructure manager is owned or partly owned by one or several railway undertakings or one or several railway undertakings are owned or partly owned by an infrastructure manager;”deleted

2013/09/26
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 1 a (new)

Directive 2012/34/EU
Article 6 – paragraph 1

In Article 6 paragraph 1 is replaced by the following: 1. Member States shall ensure that separate profit and loss accounts and balance sheets are kept and published, on the one hand, for activities relating to the provision of transport services by railway undertakings and, on the other, for activities relating to the management of railway infrastructure. Public funds paid to one of these two areas of activity shall not be transferred to the other. This provision would, however, not prevent revenue from the commercial activity of a railway undertaking being transferred to the infrastructure manager.

2013/09/26
Committee: TRAN

Jean-Jacob BICEP, Isabelle DURANT

Proposal for a directive
Article 1 – point 2

~~2. Paragraph 2 of Article 6 is~~ deleted.

2013/09/26
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 2 a (new)

Directive 2012/34/EU
Article 6 – paragraph 4

2a. In Article 6 paragraph 4 is amended as follows: The accounts for the different areas of activity referred to in paragraphs 1 and 3 shall be kept in a way that allows monitoring of the complete prohibition on transferring public funds paid to one area of activity to another and of the use of income from infrastructure charges and surpluses from other commercial activities.

2013/09/26
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 3

~~3. [...]~~deleted

2013/09/26
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 4

~~4. [...]~~deleted

2013/09/26
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 a – title

~~Effective independence of the infrastructure manager within a vertically integrated undertaking~~deleted

2013/09/26
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 a – paragraph 1

1. Member States shall ensure that the infrastructure manager shall be organised in a body which is legally distinct from any railway undertaking or holding company controlling such undertakings and from any other legal entities within a vertically integrated undertaking.deleted

2013/09/26
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 a – paragraph 2

2. Legal entities within the vertically integrated undertaking that are active in railway transport services markets shall not have any direct or indirect shareholding in the infrastructure manager. Nor shall the infrastructure manager have any direct or indirect shareholding in any legal entities within the vertically integrated undertaking active in railway transport services markets.deleted

2013/09/26
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 4

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. 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.deleted

2013/09/26
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 a – paragraph 4

4. Without prejudice to Article 8(4), the infrastructure manager shall raise funds on the capital markets independently and not via other legal entities within the vertically integrated undertaking. Other legal entities within the vertically integrated undertaking shall not raise funds via the infrastructure manager.deleted

2013/09/26
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 a – paragraph 5

5. The infrastructure manager shall keep detailed records of any commercial and financial relations with the other legal entities within the vertically integrated undertaking and make them available to the regulatory body upon request, in accordance with Article 56(12).deleted

2013/09/26
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 b

~~[...]~~deleted

2013/09/26
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 b – title

~~Effective independence of the staff and management of the infrastructure manager within a vertically integrated undertaking~~deleted

2013/09/26
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
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, 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 behaviour of the infrastructure manager in relation to these functions.deleted

2013/09/26
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 b – paragraph 2

2. The members of the management board and senior staff members of the infrastructure manager shall not be in the supervisory or management boards or be senior staff members of any other legal entities within the vertically integrated undertaking. The members of the supervisory or management boards and senior staff members of the other legal entities within the vertically integrated undertaking shall not be in the management board or be senior staff members of the infrastructure manager.deleted

2013/09/26
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 b – paragraph 3

3. The infrastructure manager shall have a Supervisory Board which is composed of representatives of the ultimate owners of the vertically integrated undertaking. The Supervisory Board may consult the Coordination Committee referred to under Article 7d on issues under its competence. Decisions regarding the appointment and renewal, working conditions including remuneration, and termination of the office of the management board members of the infrastructure manager shall be taken by the Supervisory Board. The identity and the conditions governing the duration and the termination of office of the persons nominated by the Supervisory Board for appointment or renewal as members of the management board of the infrastructure manager, and the reasons for any proposed decision terminating the 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 to the professional independence of a person nominated for the management board or in the case of premature termination of office of a member of the management board of the infrastructure manager. Effective rights of appeal to the regulatory body shall be granted for members of the management board who wish to enter complaints against the premature termination of the office.deleted

2013/09/26
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 b – paragraph 4

4. For a period of three years after leaving the infrastructure manager, members of the Supervisory Board or management board and senior staff members of the infrastructure manager shall not be entitled to hold any senior position with any other legal entities within the vertically integrated undertaking. For a period of three years after leaving those other legal entities within the vertically integrated undertaking, their supervisory or management boards' members and senior staff members shall not be entitled to hold any senior position with the infrastructure manager.deleted

2013/09/23
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 b – paragraph 5

5. The infrastructure manager shall have its own staff and be located in separate premises from the other legal entities within the vertically integrated undertaking. Access to information systems shall be protected to ensure the independence of the infrastructure manager. Internal rules or staff contracts shall clearly limit contacts with the other legal entities within the vertically integrated undertaking to official communications connected with the exercise of the functions of the infrastructure manager which are also exercised in relation to other railway undertakings outside the vertically integrated undertaking. Transfers of staff other than those referred to under point (c) between the infrastructure manager and the other legal entities within the vertically integrated undertaking shall only be possible if it can be ensured that sensitive information will not be passed on between them.deleted

2013/09/23
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
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 shall not be allowed to delegate to these legal entities the operation of these functions or any activities related to them.deleted

2013/09/23
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 b – paragraph 7

7. The members of the supervisory or management boards and senior staff of the infrastructure manager shall hold no interest in or receive any financial benefit, directly or indirectly, from any other legal entities within the vertically integrated undertaking. Performance-based elements of their remuneration shall not depend on the business results of any other legal entities within the vertically integrated undertaking or any legal entities under its control, but exclusively on those of the infrastructure manager.deleted

2013/09/23
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 c

~~[...]~~deleted

2013/09/23
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 c – Title

~~Procedure of verification of compliance~~deleted

2013/09/23
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
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.deleted

2013/09/23
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 c – paragraph 2

2. The Commission shall be entitled to require all necessary information within a reasonable deadline from the Member State where the vertically integrated undertaking is established. The Commission shall consult the regulatory body or bodies concerned and, if appropriate, the network of regulatory bodies referred to in Article 57.deleted

2013/09/23
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 c – paragraph 3

3. Member States may limit the rights of access provided for in Article 10 to railway undertakings which are part of the vertically integrated undertaking to which the infrastructure manager concerned belongs, if the Commission informs Member States that no request has been made in accordance with paragraph 1 or pending the examination of the request by the Commission or if it decides, in accordance with the procedure referred to in Article 62(2), that: a) no adequate replies to the Commission information requests in accordance with paragraph 2 have been made, or b) the infrastructure manager concerned does not fulfil the requirements set out in Articles 7a and 7b, or c) the implementation of requirements set out in Articles 7a and 7b is not sufficient to ensure a level playing field for all railway undertakings and the absence of distortion of competition in the Member State where the infrastructure manager concerned is established. The Commission shall decide within a reasonable period of time.deleted

2013/09/23
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 c – paragraph 4

4. The Member State concerned may request the Commission to repeal its decision referred to in paragraph 3, in accordance with the procedure referred to in Article 62(2), when that Member State demonstrates to the satisfaction of the Commission that the reasons for the decision do not exist any longer. The Commission shall decide within a reasonable period of time.deleted

2013/09/23
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 c – paragraph 5

5. Without prejudice to paragraphs 1 to 4, the on-going compliance with the requirements set out in Articles 7a and 7b shall be monitored by the regulatory body referred to in Article 55. Any applicant shall have the right to appeal to the regulatory body if it believes that these requirements are not complied with. Upon such an appeal, the regulatory body shall decide, within the time-limits indicated in Article 56(9), on all the necessary measures to remedy the situation.deleted

2013/09/23
Committee: TRAN

Jean-Jacob BICEP, Isabelle DURANT

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 d – paragraph 1

1. Member States shall ensure that infrastructure managers set up and organise Coordination Committees for each network. Membership of this committee shall be open at least to the infrastructure manager, and where relevant to the charging and capacity allocation bodies under Article 7(2), known applicants in the sense of Article 8(3) and, upon their request, potential applicants, their representative organisations, representatives of users of ~~the~~ rail freight and passenger transport services and~~, where relevant,~~ of railway sector workers and regional and local authorities. Member State representatives and the regulatory body concerned shall be invited to the meetings of the Coordination Committee as observers.

2013/09/23
Committee: TRAN

Jean-Jacob BICEP, Isabelle DURANT

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 d – paragraph 2 – subparagraph 1 – point (d)

(d) the charging framework and rules set by the State and the charging scheme established by the infrastructure manager or the charging body in accordance with Article 29 and the level and structure of infrastructure charges;

2013/09/23
Committee: TRAN

Jean-Jacob BICEP, Isabelle DURANT

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 d – paragraph 3

3. The Coordination Committee shall draw up rules of procedure that include, in particular, rules on participation in and frequency of meetings which shall be at least quarterly. A report of the Coordination Committee’s discussions shall be submitted annually to the infrastructure manager, and, where appropriate, the charging body and the train path allocating body, and to the Member State, the regulatory body concerned and the Commission with an indication of the respective positions taken by the Committee members.

2013/09/23
Committee: TRAN

Jean-Jacob BICEP, Sandrine BÉLIER

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
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 and the facilitation of transfrontier transport services in the Union.

2013/09/23
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 e – paragraph 1 –subparagraph 2

The Commission shall be a member of the Network. It shall ~~coordinate and support~~take part in the work of the Network and make recommendations to the Network, as appropriate. It shall ensure the active cooperation of the appropriate infrastructure managers and, where appropriate, the infrastructure charging and train path allocating bodies.

2013/09/23
Committee: TRAN

Jean-Jacob BICEP, Isabelle DURANT

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 e – paragraph 2

2. The Network shall participate in the market monitoring activities referred to in Article 15 and benchmark the efficiency and effectiveness of infrastructure managers on the basis of common indicators and quality criteria, such as the reliability, capacity, availability, punctuality and safety of their networks, asset quality and utilisation, maintenance, renewals, enhancements, investments and financial efficiency.

2013/09/23
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 e – paragraph 3

3. The Commission may adopt measures setting out the common principles and practices of the Network, in particular to ensure consistency in benchmarking, and the procedures to be followed for cooperation in the Network. Those measures shall be adopted by, if appropriate, draw up legislative proposals designed to improve cooperation among infrastructure mean~~s of an implementing act in accordance with the procedure referred to in Article 62(3).’~~agers which are members of the network.

2013/09/23
Committee: TRAN

Jean-Jacob BICEP, Isabelle DURANT

Proposal for a directive
Article 1 – point 6 – point a

Directive 2012/34/EU
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~~affect the economic equilibrium of the public service contract or contracts in question or compromise the quality of the service provided.

2013/09/23
Committee: TRAN

Jean-Jacob BICEP, Isabelle DURANT

Proposal for a directive
Article 1 – point 6 – point b

Directive 2012/34/EU
article 11 – paragraph 2 – subparagraph 1

'In order to determine whether the economic equilibrium of a public service contract ~~would be compromis~~, i.e. the cost-revenue ratio, or the quality of the service provided would be affected, the relevant regulatory body or bodies referred to in Article 55 shall make an objective economic analysis and base its decision on pre-determined criteria, taking account of the cumulative effect of the services provided on the basis of free access. They shall determine this after a request from any of the following, submitted within one month from the information on the intended passenger service referred to in Article 38(4):

2013/09/23
Committee: TRAN

Jean-Jacob BICEP, Isabelle DURANT

Proposal for a directive
Article 1 – point 6 – point c

Directive 2012/34/EU
Article 11 – paragraph 3 – subparagraph 2

In case the regulatory body decides that the economic equilibrium of a public contract ~~would be compromis~~or the quality of the service provided would be affected by the intended passenger service referred to in Article 38(4), it shall indicate to the extent that this is feasible possible changes to such service which would ensure that the conditions to grant the right of access provided for in Article 10(2) are met.

2013/09/23
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 6 – point c a (new)

Directive 2012/34/EU
Article 11 – paragraph 4

(ca) paragraph 4 is amended as follows: On the basis of the experience gained by regulatory bodies, competent authorities and railway undertakings and of the activities of the network as referred to in Article 57(1), the Commission shall adopt, by 16 December 2016 at the latest, measures setting out the details of the procedure and criteria to be followed for the application of paragraphs 1, 2 and 3 of this Article. These delegated acts shall be adopted in accordance with the procedure referred to in Article 60.

2013/09/23
Committee: TRAN

Jean-Jacob BICEP, Isabelle DURANT, Michael CRAMER

Proposal for a directive
Article 1 – point 7

Directive 2012/34/EU
Article 13 a – paragraph 1

1. Without prejudice to Regulation (EC) No 1371/2007 and Directive 2010/40/EU, and at the latest one year after the entry into force of this Directive, Member States ~~may~~shall require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets, through- tickets and reservations or decide to give the power to competent authorities to establish such a scheme. IfWhen such a scheme is established, Member States shall ensure that it is interoperable and can be integrated into other national or European schemes, that it does not create market distortion or discriminate between railway undertakings and that it is managed by an independent public or private legal entity or an association of all railway undertakings operating passenger services. Member States shall also ensure that the costs of such a scheme are divided fairly among the participating railway undertakings, on the basis of their respective contributions and the benefits they gain from it.

2013/09/23
Committee: TRAN

Jean-Jacob BICEP, Isabelle DURANT

Proposal for a directive
Article 1 – point 7

Directive 2012/34/EU
Article 13 a – paragraph 2

2. Member States shall require railway undertakings operating passenger services to put in place and coordinate, on a commercial basis and subject to scrutiny by the supervisory body, contingency plans to provide assistance to passengers, in the sense of Article 18 of Regulation (EC) No 1371/2007, in the event of a major disruption to services.

2013/09/23
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 7 a (new)

Directive 2012/34/EU
Article 19 – point d a (new)

7a. In Article 19, the following point is added: '(da) have formally undertaken to honour all the terms of existing collective agreements in the Member State in which they are seeking to provide a service.'

2013/09/23
Committee: TRAN

Jean-Jacob BICEP, Isabelle DURANT

Proposal for a directive
Article 1 – point 7 b (new)

Directive 2012/34/EU
Article 29 – paragraph 1- subparagraph 2

7b. In Article 29, paragraph 1, subparagraph 2 is replaced by the following: "Subject to that condition, Member States shall establish specific charging rules or delegate such powers to the infrastructure manager or to the charging body".

2013/09/23
Committee: TRAN

Jean-Jacob BICEP, Isabelle DURANT

Proposal for a directive
Article 1 – point 7 b (new)

Directive 2012/34/EU
Article 31 - paragraphs 7 and 8

Article 31 is amended as follows: (a) Paragraph 7 is replaced by the following: "7. The charge imposed for track access within service facilities referred to in point 2 of Annex II, and the supply of services in such facilities, shall not exceed the average cost of providing it, plus a reasonable profit." (b) Paragraph 8 is replaced by the following: "8. Where services listed in points 3 and 4 of Annex II, as additional and ancillary services are offered by only one supplier, the charge imposed for such a service shall not exceed the average cost of providing it, plus a reasonable profit."

2013/09/23
Committee: TRAN

Jean-Jacob BICEP, Isabelle DURANT

Proposal for a directive
Article 1 – point 8

Directive 2012/34/EU
Article 38 – paragraph 4

4. Where an applicant intends to request infrastructure capacity with a view to operating a passenger service, it shall inform the infrastructure managers ~~and~~, the regulatory bodies concerned and, where appropriate, the allocation bodies no less than 18 months before the entry into force of the working timetable to which the request for capacity relates. In order to enable regulatory bodies concerned to assess the potential economic impact on existing public service contracts, regulatory bodies shall ensure that any competent authority that has awarded a rail passenger service on that route defined in a public service contract, any other interested competent authority with the right to limit access under Article 11 and any railway undertaking performing the public service contract on the route of that passenger service is informed without undue delay and at the latest within five days.

2013/09/23
Committee: TRAN

Jean-Jacob BICEP, Isabelle DURANT

Proposal for a directive
Article 1 – point 8 a (new)

Directive 2012/34/EU
Article 54 – paragraph 1

In Article 54 – paragraph 1 is replaced by the following: "1. In the event of disturbance to train movements caused by technical failure or accident, the infrastructure manager shall, under the direct supervision of the allocation body where appropriate, take all necessary steps to restore the situation to normal. To that end, it shall draw up a contingency plan listing the various other bodies to be informed in the event of serious incidents or serious disturbance to train movements."

2013/09/23
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 8 b (new)

Directive 2012/34/EU
Article 55 – paragraph 3a (new)

8b. In Article 55, the following paragraph is added: '3a. Member States shall ensure that the regulatory bodies have the necessary organisational and operational resources set out in Article 56 of this directive and shall, where necessary, adopt an action plan for the purpose of providing them with these resources.'

2013/09/23
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 8 c (new)

Directive 2012/34/EU
Article 56 – paragraph 1 - points g a and g b (new)

In Article 56 paragraph 1, the following points are added: (ga) planned works on the network; (gb) works unforeseen.

2013/09/23
Committee: TRAN

Jean-Jacob BICEP, Isabelle DURANT

Proposal for a directive
Article 1 – point 8 c (new)

Directive 2012/34/EU
Article 56 – paragraph 2

In Article 56, paragraph 2 is replaced by the following: '2. Without prejudice to the powers of the national competition authorities for securing competition in the rail services markets, the regulatory body shall have the power to monitor the competitive situation in the rail services markets and shall in particular control points (a) to (i) of paragraph 1, on its own initiative and in advance, with a view to preventing discrimination against applicants. It shall, in particular, check whether the network statement contains discriminatory clauses or creates discretionary powers for the infrastructure manager that may be used to discriminate against applicants. With regard to passenger transport by rail, compliance with Regulation (EC) 1370/2007 and the provisions of Article 10 and Article 11 of this directive shall be guaranteed by the regulatory body.'

2013/09/23
Committee: TRAN

Jean-Jacob BICEP, Isabelle DURANT

Proposal for a directive
Article 1 – point 8 c (new)

Directive 2012/34/EU
Article 56 – paragraph 6

Article 56, paragraph 6, is replaced by the following: "6. The regulatory body shall ensure that charges set by the infrastructure manager comply with Section 2 of Chapter IV and are non-discriminatory. The regulatory body shall also ensure that charges set by the infrastructure manager and by operators of service facilities for access, including track access, and for the use of passenger stations, their buildings and other facilities, including travel information display, are non- discriminatory and are proportionate to the level of their utilisation by the trains and passengers of the different railway undertakings concerned. In order to ensure that this is achieved, any planned change to the structure or the level of the charges referred to in this paragraph shall be communicated to the regulatory body no later than two months before its entry into force. The regulatory body may require any reduction or increase in the planned change, its deferral to a later date or its cancellation no later than one month before its entry into force. Negotiations between applicants and an infrastructure manager concerning the level of infrastructure charges shall only be permitted if these are carried out under the supervision of the regulatory body and in a fully transparent manner. The regulatory body shall intervene if negotiations are likely to contravene the requirements of this Chapter."

2013/09/23
Committee: TRAN

Jean-Jacob BICEP, Isabelle DURANT

Proposal for a directive
Article 1 – point 8 c (new)

Directive 2012/34/EU
Article 56 – paragraphe 9 - subparagraph 3

In Article 56, paragraph 9, subparagraph 3 is replaced by the following: "In the event of an appeal against a refusal to grant infrastructure capacity, or against the terms of an offer of capacity, the regulatory body shall either confirm that no modification of the infrastructure manager's decision is required, or it shall require a specific modification of that decision, no later than two months after the appeal is received. The infrastructure manager shall comply as soon as is materially feasible, and in any case no later than one month after receiving notification of the request from the regulatory body".

2013/09/23
Committee: TRAN

Jean-Jacob BICEP, Isabelle DURANT

Proposal for a directive
Article 1 – point 8 c (new)

Directive 2012/34/EU
Article 56 – paragraph 10

In Article 56, paragraph 10 is replaced by the following: "10. Member States shall ensure that decisions taken by the regulatory body are subject to judicial review. The appeal may have suspensive effect on the decision of the regulatory body only when the immediate effect of the regulatory body's decision may cause irretrievable or manifestly excessive damages for the appellant or when any party can demonstrate that safety may be at stake. This provision is without prejudice to the powers of the court hearing the appeal as conferred by constitutional law, where applicable."

2013/09/23
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 8 d (new)

Directive 2012/34/EU
Article 57 – paragraph 1

8d. In Article 57, paragraph 1 is replaced by the following: '1. The regulatory bodies shall collaborate, coordinate their activities and exchange information about their work and decision-making principles and practice and, in particular, exchange information on the main issues of their procedures and on the problems of interpreting transposed Union railway law. They shall otherwise cooperate for the purpose of coordinating their decision- making across the Union, particularly in order to provide cross-border transport services. For this purpose, they shall participate and work together in a network that convenes at regular intervals. The Commission shall be a member and shall coordinate and support the work of the network and make recommendations to the network as appropriate. It shall ensure active cooperation of the appropriate regulatory bodies.'

2013/09/23
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 8 d (new)

Directive 2012/34/EU
Article 57 – paragraph 9 a (new)

8d. In Article 57, the following paragraph is added: 9a. In the light of experience acquired through the network of regulatory bodies under paragraph 1 above, the Commission shall, no later than one year after the entry into force of this directive, draw up a legislative proposal to establish the network on a formal basis, conferring on it a legal personality; this body shall have a supervisory and arbitration function empowering it to deal with issues relating to cross-border and international services and to hear appeals against decisions taken by national regulatory bodies.

2013/09/23
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 8 f (new)

Directive 2012/34/EU
Article 60 – paragraph 2

8f. Paragraph 2 of Article 60 is replaced by the following text: 2. The power to adopt delegated acts referred in Article 11(4), Article 20(5), Article 35(3), Article 43(2) and Article 56(13) shall be conferred on the Commission for a period of five years from 15 December 2012. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of powers shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension, not later than three months before the end of each period.

2013/09/23
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 8 f (new)

Directive 2012/34/EU
Article 60 – paragraph 3

8f. Paragraph 3 of Article 60 is replaced by the following: 3. The delegation of powers referred to in Article 11(4), Article 20(5), Article 35(3), Article 43(2) and Article 56(13) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

2013/09/23
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 8 f (new)

8f. In Article 60, paragraph 5 is replaced by the following: 5. A delegated act adopted pursuant to Article 11(4), Article 20(5), Article 35(3), Article 43(2) and Article 56(13) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within two months of notification of that act to the European Parliament and to the Council or if, before expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

2013/09/23
Committee: TRAN

Jean-Jacob BICEP

Proposal for a directive
Article 1 – point 8 h (new)

Directive 2012/34/EU
Article 62 – paragraph 3

8h. In Article 62 paragraph 3 is replaced by the following: 3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the committee delivers no opinion on the draft implementing act to be adopted, pursuant to Article 10(4), Article 12(5), Article 13(9), Article 17(5), Article 31(3) and (5), Article 34(4) and Article 57(8), the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.

2013/09/23
Committee: TRAN