71 Amendments of Franco FRIGO
Amendment 21 #
2013/2145(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights that innovation and researche role of research and innovation to improve both accessibility and safety in the transport and tourism sectors, particularly in the areas of behavioural change, modal shift, accessibility for all, integration (interconnectivity, intermodality, interoperability) and sustainability (climate protection, reduction of gas and noise emissions), are of crucial importance for the transport and tourism sectors;
Amendment 130 #
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 that port service providers can demonstrathave to guarantee that they meet minimum requirements to perform the services in an appropriate way. These minimum requirements should be limited to a clearly defined set of conditions concerning the professional qualifications of the operators, including in terms of training, and the equipthe equipment needed in order to provide the relevant port service and compliance with maritime safety requirements. These conditions should take into account environmental required insofar as these requirements are transparent, non- discriminatory, objective and relevant for the provision of the port servicements as well as national social standards. These minimum requirements, which include environmental and social standards, should be decided at national level and verified in each port by the relative managing body.
Amendment 142 #
2013/0157(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) This Regulation does not preclude the possibility of competent authorities to grant compensation for the accomplishment of the public service obligations provided that it complies with the applicable State aid rules. Those rules should be applied in such a way as to take account of specific needs of some ports, for example those located on islands, and the economic problems linked to severely inadequate facilities. Where public service obligations qualify as SGEI compliance should be ensured with Commission Decision of 20 November 2011 on the application of Article 106(2) of the Treaty on the Functioning of the European Union to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest8, Commission Regulation (EU) No 360/2012 of 25 April 2012 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid granted to undertakings providing services of general economic interest9 and the European Union framework for State aid in the form of public service compensation10. __________________ 8 OJ L 7, 11.01.2012, p. 3. 9 OJ L 114, 26.4.2012, p. 8. 10 OJ C 8, 11.01.2012.
Amendment 146 #
2013/0157(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The managing body of the port or the competent authorities designated in a Member State should have the choice to decide to provide port services with public service obligations themselves or to entrust directly the provision of such services directly to an internal operator. In the case that a competent authority decides to provide the service itself, this may cover the provision of services through agents employed by the competent authority or commissioned by the competent authority. When such limitation is applied in all the TEN-T ports in the territory of a Member State, the Commission should be informed. In the cases where the competent authorities in a Member State prevail on such a choice, the provision of port services by the internal operators should be confined only to the port or ports for which those internal operators were designated. Moreover, in such cases, the port service charges applied by such an operator should be subject to supervision by thean independent supervisory body.
Amendment 170 #
2013/0157(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) The rules on State aid should, however, make provision for derogations for aid intended to fund the construction of facilities in ports situated on islands. Due account should be taken of the importance of ports for island regions and the rules on State aid should be reviewed in the light of the economic problems facing those regions, which are already at a disadvantage on account of their location.
Amendment 203 #
2013/0157(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) In order to ensure fair and uniform conditions for the implementation of this Regulation, 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 principlesidentification of a European body whose decisions are binding for the ports should be concferning mechanisms for control by the Member States of the Commission's exercise of implementing powers13 red on the Commission. __________________ 13 OJ L 55, 28.2.2011, p. 13.
Amendment 204 #
2013/0157(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Since the objectives of this Regulation, namely ensuring the modernisation of port services and the appropriate framework to attract necessary investments in all the ports of the trans- European transport network, cannot be sufficiently achieved by the Member States because of the European dimension, and the international and cross-border nature of port and related maritime business, and can therefore, by reason of the need for a European level playing field, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment 221 #
Amendment 230 #
Amendment 312 #
2013/0157(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) shipping safety in the port and environmental protection;
Amendment 332 #
2013/0157(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the availability of the service without interruption during the day, the night, the week and the year, as well as on safety grounds;
Amendment 336 #
2013/0157(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) thegreater affordability of the service for certainall potential categories of users.
Amendment 352 #
2013/0157(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The competent authority shall be considered as exercising a control of a legally distinct entity similar to that exercised to its own departments only if it exercises a decisive influence over both the strategic objectives and the significant decisions of the controlled legal entity. This may occur, in particular, when (a) how the business is managed and the selection of staff depend on decisions by the competent authority; (b) the latter is empowered to supervise and check on the activities of the legally distinct entity or its personnel, which also bears on the appointment of persons empowered to represent and/or manage the body itself.
Amendment 369 #
2013/0157(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Without prejudice to national and Union law including collective agreements between social partners, 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 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. Furthermore, the management bodies shall be entitled to use the guarantee that said rights shall be upheld as a primary criterion in the selection of port service providers.
Amendment 374 #
2013/0157(COD)
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. For the service rendered by tugs, being vessels to which the reference made in paragraph 2 to Directive 2001/23/EC is not applicable, the port management bodies shall require that staff previously taken on by the incumbent provider of port services are guaranteed the right to be given priority in recruitment by the designated service provider over other workers; only in the event that said staff renounce the aforesaid right may the designated services provider seek alternative staff, offering them the same terms of employment.
Amendment 385 #
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, it shall keep the accounts of each port service activity and of public funds received separate from the accounts of its other activities, in such a way that :
Amendment 388 #
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, it shall keep the accounts of each port service activitythat publicly funded activity or investment separate from the accounts of its other activities, in such a way that :
Amendment 392 #
2013/0157(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) all costs and revenues are correctly assigned or allocated for each individual service on the basis of consistently applied and objectively justifiable cost accounting principles; and
Amendment 394 #
2013/0157(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The managing body of the port shall keep the information concerning the financial relations as referred to in paragraphs 1 and 2 of this Article at the disposal of the Commission and of the competent independent supervisory body as referred to inbody designated pursuant to Article 17 for five years from the end of the fiscal year to which the information refers.
Amendment 397 #
2013/0157(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The managing body of the port shall make available to the Commission and the competent independent supervisory bodybody designated pursuant to Article 17, upon request, any additional information that they deem necessary in order to complete a thorough appraisal of the data submitted and to assess compliance with this Regulation. The information shall be transmitted within two months from the date of the request.
Amendment 414 #
2013/0157(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. In order to contribute to an efficient infrastructure charging system, the structure and the level of port infrastructure charges shall be defined in an autonomous way by the managing body of the port according to its own commercial strategy and investment plan reflecting competitive conditions of the relevant market and in accordance with State aid rules, bearing in mind in relation to the latter that geographically disadvantaged regions such as islands have a greater need for specific support.
Amendment 473 #
2013/0157(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. In respect of the subsidiary principle and the national Regulations, each Member States shall ensure that an independent supervisory body monitors and supervises the application of this Regulation in all the seaports covered by this Regulation on theits territory of each Member State.
Amendment 487 #
2013/0157(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 495 #
2013/0157(COD)
Proposal for a regulation
Article 17 – paragraph 6 a (new)
Article 17 – paragraph 6 a (new)
6a. To guarantee fair and uniform conditions in judging litigations originated by the application of this Regulation, it is suitable to empower the Commission to identify a European body whose decisions are binding for the interested parts. This European body takes care of issues that its national branches are not able to solve because of the crossing of territorial/jurisdiction boundary limits.
Amendment 506 #
2013/0157(COD)
Proposal for a regulation
Article 17 – paragraph 9
Article 17 – paragraph 9
9. Member States shall notify to the Commission the identity of the independent supervisory bodies by 1 July 2015within 12 months after the entry in force of the present Regulation at the latest and subsequently any modification thereof. The Commission shall publish and update the list of the independent supervisory bodies on its website.
Amendment 537 #
2013/0157(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply with effect from 12 months after the entry in force of the Regulation.
Amendment 85 #
2013/0105(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Longer and/or heavy goods vehicles may be used in cross- border transport if the two Member States concerned already allow it and if the conditions f. Any legislative proposal to authorise the cross- bor derogation under Article 4(3), (4) or (5) of the Directive are met. The European Commission has already provided guidance on the application of Article 4 of the Directive. The transport operations referred to in Article 4(4) do not have a significant impact on international competition if the cross- border use remains limited to two Member States where the existing infrastructure and the road safety requirements allow it. This balances the Member States’ right under the principle of subsidiarity to decide on transport solutions suited to their specific circumstances with the need to prevent such policies from distorting the internal market. The provisions of Article 4 (4) are clarified in this respect use of these vehicles must be accompanied by an impact assessment which takes into account the effects on modal shift, safety, social and employment conditions, SMEs, logistics, pollution and noise, in order to assess whether the legislative proposal is compatible with the Union’s main policy objectives as listed in the White Paper.
Amendment 141 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – introductory part
Article 1 – paragraph 1 – point 2 – introductory part
(2) In Article 4 is amended as follows:(4), the following subparagraph is inserted after the second subparagraph: ‘The cross-border use of vehicles with dimensions deviating from those laid down in points 1.1, 1.2, 1.4 to 1.8, 4.2 and 4.4 of Annex I, in keeping with the aim of the first paragraph, shall be prohibited.’
Amendment 324 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 96/53/EC
Article 13 – paragraph 6
Article 13 – paragraph 6
An excess length or excess width, width or height of less than 2% of the maximum dimensions indicated in point 1of Annex 1 shall give rise to a written warning to the transport company, which could give rise to a penalty, if the national legislation provides for such a penalty.
Amendment 344 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point b
Article 1 – paragraph 1 – point 16 – point b
Directive 96/53/EC
Annex I – point 2.2.2
Annex I – point 2.2.2
‘two- or three-axle motor vehicle with two or three- axle semi-trailer carrying, in intermodal transport, one or more intermodal transport units, for a total maximum length of 40 or 45 foot: 44 tonnes.’
Amendment 113 #
2013/0029(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Taking into account the heterogeneity of networks in terms of their size and density and the variety in the organisational structures of national and local or regional authorities and their respective experiences of the process of market opening, each Member State should be given sufficient flexibility to organise its network in such a way that a mix of open-access services and services performed under public service contracts can be achieved in order to ensure a high quality of services readily accessible to all passengers. Following selection of the public service contracts to put out to tender, each Member State should establish on a case-by-case basis which safeguard mechanisms to introduce for each service should the tender procedure not be successfully completed. Those mechanisms should not in any way generate additional charges for the railway undertakings managing those services.
Amendment 125 #
2013/0029(COD)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) Since the new package seeks to strengthen passenger rights, and as freedom of movement is one of the basic pillars of the EU, greater efforts should be made to also safeguard that right for the disabled and people with reduced mobility. This makes improving accessibility to means of transport and infrastructure a priority. In order to achieve that objective, cross-border contacts should be encouraged. This also applies to the assistance provided for that specific category of passengers, which should be harmonised within a broader system. A consultation process should be launched in this respect involving the social partners, the public and organisations for the protection of the rights of the disabled.
Amendment 132 #
2013/0029(COD)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) In the light of the experience acquired through the network of regulatory bodies under Article 57 of Directive 2012/34/EU, the Commission should bring forward a legislative proposal to consolidate the network of regulatory bodies, formalise their procedures and give them legal personality, by 31 December 2016 at the latest. The resulting organisation should act as a supervisor and arbitrator to settle issues of a cross-border and international nature, and as a body for hearing appeals against decisions taken by the national regulatory authorities.
Amendment 136 #
2013/0029(COD)
Proposal for a directive
Recital 19 b (new)
Recital 19 b (new)
(19b) Passengers should have access to workable through ticketing schemes and integrated ticketing schemes. Integrated ticketing schemes should also apply to reduced rate tickets for special categories of passengers. The integrated ticketing schemes developed by the railway sector within Member States should be interoperable with each other in order to enable a Union-wide scheme to be created that encompasses all rail passenger operators.
Amendment 140 #
2013/0029(COD)
Proposal for a directive
Recital 19 b (new)
Recital 19 b (new)
(19b) On the basis of the experience acquired through the new network of regulatory bodies, the Commission should bring forward a legislative proposal under which the network of regulatory bodies is replaced with a single European regulatory body that acts as a supervisor and arbitrator to settle any issues of a cross-border and international nature, and as a body for hearing appeals against decisions taken by the national regulatory authorities. This single European regulatory body should be operational by the time of the opening of the domestic rail passenger market.
Amendment 142 #
2013/0029(COD)
Proposal for a directive
Recital 19 c (new)
Recital 19 c (new)
(19c) The opening of the market should not have any adverse repercussions on the working and social conditions of railway workers. The relevant social clauses should be respected in order to avoid any social dumping or unfair competition by new entrants that fails to respect minimum social standards in the railway sector.
Amendment 184 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 1 – point c a (new)
Article 1 – point 1 – point c a (new)
(ca) The following new Point 32 is added: ‘(32) Of the functions performed by the infrastructure manager, the following shall constitute essential functions: (a) decision making on train path allocation, including both the definition and the assessment of availability and the allocation of individual train paths; and (b) decision making on infrastructure charging, including determination and collection of the charges, without prejudice to Article 29(1).’
Amendment 225 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
2a. Members of the supervisory board or management board or heads of rail network managers or of any railway undertaking operating on these may not, for a period of at least three years following the termination of their duties, take up any managerial position in any public body responsible for the administration or regulation of the railway sector. The same restriction shall apply to managers of public bodies who leave their posts to take up managerial positions with rail network managers or any railway undertaking operating on these.
Amendment 244 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 3 a (new)
Article 1 – point 3 a (new)
Directive 2012/34/EU
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
Amendment 265 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7a – paragraph 2
Article 7a – paragraph 2
2. Legal entitieRailway undertakings 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 entitiesrailway undertaking within the vertically integrated undertaking active in railway transport services markets.
Amendment 276 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 a – paragraph 4
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. Without prejudice to the rule on charging for the use of the infrastructure, the incomes of other legal entities within the vertically integrated undertaking and the dividends paid by other legal entities within the vertically integrated undertaking shall not be used in order to finance the activities of the infrastructure manager without prior approval of the regulatory body referred to in Article 55. The regulatory shall approve such financing of the infrastructure manager only if it can be demonstrated that this does not create a conflict of interest, distort competition or create undue advantages for these other entities in relation to other railway undertakings.
Amendment 287 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 b – title
Article 7 b – title
Effective independence of the staff and management responsible for performing the essential functions of the infrastructure manager within a vertically integrated undertaking
Amendment 299 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
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 integratedf railway undertakings.
Amendment 303 #
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 entities within the vertically integratedrailway undertakings shall not be in the management board or be senior staff members of the infrastructure manager.
Amendment 308 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 – paragraph 3 – subparagraph 1
Article 7 – paragraph 3 – subparagraph 1
Amendment 327 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
article 7 b – paragraph 4
article 7 b – paragraph 4
4. For a period of three year18 months 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 versenior staff members and staff responsible for carrying out the essentically integrated undertaking, their supervisory or management boards' members and senior staff member functions shall not be entitled to hold any senior position with the inf rastructure managerilway undertakings.
Amendment 335 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 b – paragraph 5
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 ver. The staff responsible for carrying out the essentically integrated undertaking. Access to information systems shall be protected to ensure the independence of the infrastructure manager functions shall be located in separate premises from the railway undertakings. Internal rules or staff contracts shall clearly limit contacts with the other legal entitierailway undertakings 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.
Amendment 342 #
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 entitiesrailway undertaking within the vertically integrated undertakingstructure and shall not be allowed to delegate to these legal entitiesat undertaking the operation of these functions or any activities related to ithem.
Amendment 348 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 b – paragraph 7
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 entitiethe railway undertakings 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 and on the overall results of the railway system in terms of traffic volume, performance and safety.
Amendment 417 #
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 (i)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 (ii) the facilitation of efficient and effective cross border passenger services within the EU. a) The network shall also develop common framework principles for charging where a cross border passenger service will or does operate on more than one network as defined in Article 37 and for allocation of capacity as defined in Article 40. b) These common principles shall be subject to the opinion of the network of regulatory bodies referred to in [new Article 57-3bis]. The principles shall be published by the network of infrastructure managers. c) Where an applicant believes that the principles adopted according to Article 7e 1 ter are hindering the development of cross-border services, it may submit a request for a regulatory opinion directly to the Network of regulatory bodies. The network of regulatory bodies shall then issue an opinion as referred to in [new Article 57-3bis], aiming at facilitating rather than hindering cross-border services. The opinion shall be communicated to the European Network of Infrastructure Managers not later than one month after the request is received.
Amendment 476 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 6 - point d a new
Article 1 – point 6 - point d a new
Directive 2012/34/EU
Article 11 – paragraph 6 a (new)
Article 11 – paragraph 6 a (new)
Amendment 485 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2012/34/EU
Article 13 a – paragraph 1
Article 13 a – paragraph 1
1. Without prejudice to Regulation (EC) No 1371/2007 and Directive 2010/40/EU, Member States may require railway undertakings operating domestic public passenger services, pursuant to Regulation (EC) No 1370/2007, 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. If such a scheme is established, Member States shall ensure 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 public passenger services, pursuant to Regulation (EC) No 1370/2007.
Amendment 498 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 7 a (new)
Article 1 – point 7 a (new)
Directive 2012/34/EU
Article 19 – point d a (new)
Article 19 – point d a (new)
7a. The following point is added to Article 19: ‘(da). have undertaken to apply the respective collective agreements entered into with the most representative national trade union organisations, which are in force in the Member States in which the undertaking intends to operate, with reference exclusively to the product sector of reference. Should the undertaking be unable to prove that such an agreement has been applied, the competent authority may cancel its licence. Such cancellation may also be ordered after authorisation to provide the service has been obtained’.
Amendment 545 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 8 d (new)
Article 1 – point 8 d (new)
Directive 2012/34/EU
Article 57 – paragraphs 9a, 9b, 9c, 9d (new)
Article 57 – paragraphs 9a, 9b, 9c, 9d (new)
Amendment 568 #
2013/0029(COD)
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
The Commission shall adopt a legislative proposal establishing a single European regulatory body and rendering it operational by 31 December 2019. That body shall replace the network of national regulatory bodies referred to under Article 57.
Amendment 572 #
2013/0029(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Points 5 to 8 of Article 1 shall apply from 1 January 2018 [in time for the working timetable starting on 14 December 2019]. Prior to that date, Member States shall not in any way be required to grant the right of access under Article 10 of the Directive to railway undertakings, or entities under their direct or indirect control, registered in a Member State in which similar rights of access are not granted. For the purpose of this paragraph, ‘control’ shall be defined as consisting of rights, contracts or any other means by which, either separately or in combination, and having regard to any relevant considerations of fact or law, provide the opportunity of exerting a decisive influence on an undertaking, in particular through: (a) ownership or the right to use all or part of the assets of an undertaking; (b) rights or contracts which confer decisive influence on the composition, voting or deliberations of the social organs of an undertaking.
Amendment 53 #
2013/0028(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) To ensure sound financing to meet the objectives of public transport plans, competent authorities need to design public service obligations to attain public transport objectives in a cost-effective manner taking account of the compensation for the net financial effect of those obligations and they need to ensure long- term financial sustainability of public transport provided under public service contracts. That includes avoiding both over- and under-compensation caused by the substance of the public service obligations or the failure of the competent authority to meet its financial commitments. Public service obligations may include networks in which some services can be operated with a fair profit without financial compensation; the inclusion of such services should not result in compensation payments exceeding the amount necessary for providing the whole range of services.
Amendment 68 #
2013/0028(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) The principle of reciprocity is an important way to combat distortion of competition; this principle should be applied not only to Member States, to enable them to exclude from competitive tenders organised by the relevant authorities any firms that are registered or located in a country that does not allow the relevant authorities in its territory to award public service contracts through competitive tendering procedures, but also to companies in third countries that wish to take part in tender procedures within the Union.
Amendment 255 #
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
the maximum annual volume of a public service contract in terms of train-km shall be the higher value of either 1035 million train-km or one third of the total national public rail passenger transport volume under public service contract."
Amendment 281 #
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)
Amendment 293 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 4 – point -a d (new)
Article 1 – point 4 – point -a d (new)
Regulation (EC) No. 1370/2007
Article 5 – paragraph 3 b (new)
Article 5 – paragraph 3 b (new)
(-ad) the following paragraph is inserted: “3b. Member States may exclude from competitive tenders organised by the competent authorities in their territory, pursuant to paragraph 3 of this article, any undertakings or subsidiaries controlled by such undertakings directly or indirectly, that are registered in a Member State in which the competent authorities are not permitted to award public service contracts through competitive tendering procedures, pursuant to paragraph 6 of this article. For the purpose of this paragraph, control shall be defined as consisting of rights, contracts or any other means by which, either separately or in combination, and having regard to any relevant considerations of fact or law, provide the opportunity of exerting a decisive influence on an undertaking, in particular through: (a) ownership or the right to use all or part of the assets of an undertaking; (b) rights or contracts which confer decisive influence on the composition, voting or deliberations of the social organs of an undertaking.
Amendment 342 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 4 – point b a (new)
Article 1 – point 4 – point b a (new)
Regulation (EC) No. 1370/2007
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
Amendment 93 #
2013/0016(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The mainAll the actors in the rail system, infrastructure managers and railway undertakings, should bear full responsibility for the safety of the system, each for their own part. Whenever appropriate, they should cooperate in implementing risk control measures. Member States should make a clear distinction between this immediate responsibility for safety and the national safety authorities' task of providing a national regulatory framework and supervising the performance of all operators.
Amendment 96 #
2013/0016(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The responsibility of infrastructure managers and railway undertakings for operating the rail system does not preclude other actors such as manufacturers, carriers, consignors, fillers, loaders, unloaders, consignee, entities in charge of maintenance, maintenance suppliers, wagonvehicle owner, vehicle keepers, service providers and procurement entities from assuming responsibility for their products or services and for implanting risk control measures. To avoid the risk that the responsibilities are not properly assumed, each relevant actor should be made responsible for its particular process. Each actor in the rail system should be responsible in respect to the other actors for complete and truthful communication of all relevant information to check if the vehicles are fit to run. In particular that concerns information on the status and history of the vehicle, maintenance files, traceability of loading operations, and consignment notes.
Amendment 147 #
2013/0016(COD)
Proposal for a directive
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) ‘national rules’' means all binding rules notified by a Member State containing railway safety, or technical requirements imposed at Member State level and applicable to railway undertakings actors, irrespective of the body issuing them;
Amendment 160 #
2013/0016(COD)
Proposal for a directive
Article 3 – paragraph 1 – point s
Article 3 – paragraph 1 – point s
(s) ‘keep"owner’" means the person or entity that, being the owner of a vehicle or having the right to use it, exploits the vehicle as a means of transport and, is registered as such in the nNational vVehicle rRegister referred to in Article 43 of Directive XX on the interoperability of the rail system ;
Amendment 251 #
2013/0015(COD)
Proposal for a directive
Article 19
Article 19
Amendment 278 #
2013/0015(COD)
Proposal for a directive
Article 20 – paragraph 4 – introductory part
Article 20 – paragraph 4 – introductory part
4. The vehicle authoriszation for placing on the market shall be issued on the basis of a file of the vehicle or type of vehicle produced by the applicant and including the documentary evidence of: ly if the vehicle is designed, constructed and installed in such a way as to meet the essential requirements as set out in Annex III. This authorization shall be issued on the basis of a file of the vehicle or type of vehicle produced by the applicant and including the documentary evidence of: (a) EC declaration of verification for TSI's requirements; (b) Declaration of verification for national rules requirements; (c) In the event of renewal or upgrading of existing subsystems, a new 'EC' declaration of verification shall be needed as set out in Article 15(4). (d) The technical compatibility and safe integration of the vehicle with the network(s) concerned, established on the basis of the relevant TSIs, national rules and the common safety methods set out in Article 6 of Directive .../... [on the safety of the rail system within the Union].
Amendment 333 #
2013/0015(COD)
Proposal for a directive
Article 20 – paragraph 9 – subparagraph 1
Article 20 – paragraph 9 – subparagraph 1
Amendment 362 #
2013/0015(COD)
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1
Article 21 – paragraph 1 – subparagraph 1
1. Railway undertakings shall place in service a vehicle only after having checked, , in consultation with the infrastructure managerusing the information of the RINF, the technical compatibility and safe integration between the vehicle and the route and the safe integration of the vehicle into the system in which it is intended to operate, established on the basis of the relevant TSIs, national rules, registers, and the common safety methods set out in Article 6 of Directive. In order to help the Railway Undertakings to check the technical compatibility and safe integration between the vehicle and the route(s), the infrastructure manager, on request, shall provide the railway undertakings with additional information related to the route(s) characteristics.
Amendment 259 #
2013/0014(COD)
Proposal for a regulation
Article 32 – paragraph 3 a (new)
Article 32 – paragraph 3 a (new)
3a. In view of the risks to which workers in the railway industry are exposed, the Agency, which is given a pivotal role in the new proposal, should also concern itself with the health and safety of workers along the entire chain of operators.