21 Amendments of Nils TORVALDS related to 2013/0016(COD)
Amendment 89 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Harmonisation should not, however, jeopardise any Member State’s present safety level.
Amendment 99 #
Proposal for a directive
Recital 8
Recital 8
(8) Common safety targets (CSTs) and CSMs have been gradually introduced to ensure that safety is maintained at a high level and, when necessary and where reasonably practicable, improved. They should provide tools for assessment of the safety and performance of operators at Union level as well as in the Member States. Common safety indicators (CSIs) have been established in order to assess whether systems comply with the CSTs and to facilitate the monitoring of railway safety performance.
Amendment 100 #
Proposal for a directive
Recital 9
Recital 9
(9) National rules, which are often based on national technical standards, have been gradually replaced by rules based on common standards, established by CSTs, CSMs and technical specifications for interoperability (TSIs). In order to eliminate the obstacles to interoperability, the amount of national rules should be reduced as a consequence of extending the scope of the TSIs to the whole Union’s rail system and of closing open points in the TSIs. For this purpose the Member States shouldmust keep their system of national rules updated, delete obsolete rules and thereof inform the Commission and the the Agency thereof without delay.
Amendment 211 #
Proposal for a directive
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Any actor of the rail system who identifies a safety risk related to defects and construction non-conformities or malfunctions of technical equipment, including those of structural sub-systems, shall report those risks to the other parties involved to enable them to take any necessary corrective actions to ensure continuous achievement of the safety performance of the rail system. It shall be ensured that safety risks can be reported easily and anonymously. They shall be notified to the Agency and the national safety authority.
Amendment 219 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commission shall be empowered for five years to adopt delegated acts in accordance with Article 26 concerning the revision of Annex I, in particular to update the CSIs taking into account of the technical progress and to adapt the common methods for calculating accident costs.
Amendment 221 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
The Commission shall issue mandates to the Agency to draft the new CSMs referred to in point 1(d), to review and update all CSMs to take account of developments in technology or social requirements and to make the relevant recommendations to the Commission as quickly as possible.
Amendment 226 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The CSMs shall be revised at regular intervalsnnually, taking into account the experience gained from their application and the global development of railway safety and inwith a view tof generally maintaining and, where reasonably practicable, continuously improving safety.
Amendment 227 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Commission shall be empowered for five years to adopt delegated acts laying down CSMs and revised CSMs in accordance with Article 26.
Amendment 228 #
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Member States shall promptly make any necessary amendments to their national rules in the light of the adoption of CSMs and revisions to them.
Amendment 229 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Commission shall issue a mandate to the Agency to draft revised CSTs as soon as possible and to make the relevant recommendations to the Commission.
Amendment 236 #
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1 – point a
Article 8 – paragraph 1 – subparagraph 1 – point a
(a) to maintain the present safety level or where rules concerning existing safety methods are not covered by a CSM;
Amendment 239 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. If a Member State intends to introduce a new national rule, it shall promptly notify the draft of that rule to the Agency and the Commission using the appropriate IT system in accordance with aArticle 23 of Regulation (EU) No …/… [Agency Regulation].
Amendment 306 #
Proposal for a directive
Article 10 – paragraph 5 – subparagraph 1
Article 10 – paragraph 5 – subparagraph 1
The single safety certificate shall be renewed upon application by the railway undertaking at intervals not exceeding five years. It shall be wholly or partly updated whenever the type or extent of the operation is substantially altered.
Amendment 332 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Applications for single safety certificates shall be submitted to the Agency. The Agency shall take a decision on an application without delay and in any event not more than fourthree months after all required information and any supplementary information requested by the Agency has been submitted. If the applicant is requested to submit supplementary information, such information shall be submitted promptly.
Amendment 346 #
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
The safety authorisation shall be renewed upon application by the infrastructure manager at intervals of five years. It shall be wholly or partly updated whenever substantial changes are made to the infrastructure, signalling or energy supply or to the principles of its operation and maintenance. The holder of the safety authorisation shall without delapromptly inform the national safety authority of all such changes.
Amendment 351 #
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The national safety authority shall take a decision on an application for safety authorisation without delay and in any event not more than fourthree months after all the information required and any supplementary information requested has been submitted.
Amendment 390 #
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 2
Article 17 – paragraph 1 – subparagraph 2
They shall promptly respond to requests and applications and communicate their requests for information without delay and adopt all their decisions within fourthree months after all requested information has been provided. They may at any time request the technical assistance of infrastructure managers and railway undertakings or other qualified bodies when they are carrying out the tasks referred to in Article 16.
Amendment 393 #
Proposal for a directive
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The scope of cooperation between the Agency and the national safety authorities in all matters relating to inspections on site related to issuing the single safety certificate and supervision of the railway undertakings after issuing the single safety certificate shall be set out in contractual or other arrangements between the Agency and the national safety authorities. A national safety authority shall have the status of a specialised supporting agency.
Amendment 400 #
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The investigating body shall perform its tasks independently of the organisations referred to in paragraph 1, without discriminating against any party, and shall be able to obtain sufficient resources to do so. Its investigators shall be afforded status giving them the necessary guarantees of independence.
Amendment 402 #
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. For each accident or incident the body responsible for the investigation shall arrange for the appropriate means, comprising the necessary operational and technical expertise and sufficient resources to carry out the investigation. The expertise may be obtained from inside or outside the body, depending on the character of the accident or incident to be investigated.
Amendment 404 #
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The power to adopt delegated acts is conferred on the Commission for five years subject to the conditions laid down in this Article.