38 Amendments of João PIMENTA LOPES related to 2023/0271(COD)
Amendment 176 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) The implementation of successive railway packages by the EU has driven privatisation and liberalisation processes that have been instrumental in the destruction and deterioration of infrastructure (some 6 000 km of rail lines in the EU + Norway and the United Kingdom were decommissioned between 2000 and 2020), worse quality of operations and higher costs for users. Those liberalisation processes should urgently be reversed and public investment in the railways urgently increased as a way of improving socio- economic and territorial cohesion, the sustainability of Member States’ development and European connectivity.
Amendment 176 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) The implementation of successive railway packages by the EU has driven privatisation and liberalisation processes that have been instrumental in the destruction and deterioration of infrastructure (some 6 000 km of rail lines in the EU + Norway and the United Kingdom were decommissioned between 2000 and 2020), worse quality of operations and higher costs for users. Those liberalisation processes should urgently be reversed and public investment in the railways urgently increased as a way of improving socio- economic and territorial cohesion, the sustainability of Member States’ development and European connectivity.
Amendment 184 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Establishing a single EU transport area, as a way of incorporating the transport sector into the principle of the EU as a free market, plays a part in concentrating capital and services in established economic centres, to the benefit of multinationals in the sector, and this has led to the deregulation and neglect of railways in countries on the periphery. A European transport network (which cannot be limited to EU Member States’ rail networks but should seek international coordination with other countries in Europe and beyond), with its diversity of services, capacities and national and regional needs, should be formed by stepping up cooperation and coordination among states and not by imposing common rules that are based on the unfathomable market and competition rules and are behind railways’ deterioration and socio-economic disparities.
Amendment 184 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Establishing a single EU transport area, as a way of incorporating the transport sector into the principle of the EU as a free market, plays a part in concentrating capital and services in established economic centres, to the benefit of multinationals in the sector, and this has led to the deregulation and neglect of railways in countries on the periphery. A European transport network (which cannot be limited to EU Member States’ rail networks but should seek international coordination with other countries in Europe and beyond), with its diversity of services, capacities and national and regional needs, should be formed by stepping up cooperation and coordination among states and not by imposing common rules that are based on the unfathomable market and competition rules and are behind railways’ deterioration and socio-economic disparities.
Amendment 186 #
Proposal for a regulation
Recital 7
Recital 7
(7) The rules and procedures on the management of rail infrastructure capacity should reflect better the needs of allthe rail market segmentssector. They should in particular take into account the necessity of long-term stability of available capacity for passenger services and of short-term flexibility for freight traffic to respond to market demandthe sector’s needs. Therefore, the process of managing capacity should no longer have a predominantly annual focus, but be arranged in three subsequent phases of strategic capacity planning; rail service scheduling and capacity allocation; and adaptation and rescheduling of capacity. The introduction of better defined and structured phases that provide for the possibility of long-term planning and short- term adaptation in capacity management, would particularly benefit services that are less easy to plan in advance or are more complex to arrange, such as freight trains and cross-border passenger trains.
Amendment 186 #
Proposal for a regulation
Recital 7
Recital 7
(7) The rules and procedures on the management of rail infrastructure capacity should reflect better the needs of allthe rail market segmentssector. They should in particular take into account the necessity of long-term stability of available capacity for passenger services and of short-term flexibility for freight traffic to respond to market demandthe sector’s needs. Therefore, the process of managing capacity should no longer have a predominantly annual focus, but be arranged in three subsequent phases of strategic capacity planning; rail service scheduling and capacity allocation; and adaptation and rescheduling of capacity. The introduction of better defined and structured phases that provide for the possibility of long-term planning and short- term adaptation in capacity management, would particularly benefit services that are less easy to plan in advance or are more complex to arrange, such as freight trains and cross-border passenger trains.
Amendment 194 #
Proposal for a regulation
Recital 11
Recital 11
(11) When allocating capacity, infrastructure managers should adhere to the strategic plans for the supply of capacity and at the same time ensure that capacity is allocated in accordance with market demand in a fair and non- discriminatory way. For that purpose, some capacity requests may be refused and the plan for the supply of capacity must be regularly updated to reflect the actual demand.
Amendment 194 #
Proposal for a regulation
Recital 11
Recital 11
(11) When allocating capacity, infrastructure managers should adhere to the strategic plans for the supply of capacity and at the same time ensure that capacity is allocated in accordance with market demand in a fair and non- discriminatory way. For that purpose, some capacity requests may be refused and the plan for the supply of capacity must be regularly updated to reflect the actual demand.
Amendment 196 #
Proposal for a regulation
Recital 14
Recital 14
(14) A significant share of rail freight transport is long-distance and requires cross-border coordination of infrastructure managers. The policy goal of increasing rail traffic also relies on growing cross- border passenger services. To facilitate and promote an increasing cross-border traffic in the single European railway area, it is necessary to ensure greater consistency and harmonisation of the rules and procedures on the management of rail infrastructure capacity. Accordingly, the role of the European Network of Infrastructure Manager should be strengthened with a view to entrusting it with the development of guidelines for the harmonised implementation of this Regulation on procedures and methodologiegreater coordination among national organisations for the management of rail infrastructure capacity and with the active coordination of cross-border capacity and traffic. In particular, the European Network of Infrastructure Managers should develop European frameworks for capacity management, for the coordination of cross-border traffic management, disruption management and crisis management, and for performance reviewis necessary.
Amendment 196 #
Proposal for a regulation
Recital 14
Recital 14
(14) A significant share of rail freight transport is long-distance and requires cross-border coordination of infrastructure managers. The policy goal of increasing rail traffic also relies on growing cross- border passenger services. To facilitate and promote an increasing cross-border traffic in the single European railway area, it is necessary to ensure greater consistency and harmonisation of the rules and procedures on the management of rail infrastructure capacity. Accordingly, the role of the European Network of Infrastructure Manager should be strengthened with a view to entrusting it with the development of guidelines for the harmonised implementation of this Regulation on procedures and methodologiegreater coordination among national organisations for the management of rail infrastructure capacity and with the active coordination of cross-border capacity and traffic. In particular, the European Network of Infrastructure Managers should develop European frameworks for capacity management, for the coordination of cross-border traffic management, disruption management and crisis management, and for performance reviewis necessary.
Amendment 202 #
Proposal for a regulation
Recital 15
Recital 15
(15) The European frameworks developed by, inter alia, the European Network of Infrastructure Manager should provide guidelines thatfor infrastructure manager should make the utmost efforts to follow, while retaining responsibility for their operational decisions. Infrastructurs to enable exchanges of experience managers should motivate any deviation from the frameworks developed by European Network of Infrastructure Manager. This approach is considered to strike the balance between the needs of coordination and application of harmonised approaches in the single European railway area, and the need for adapting procedures and methodologies to the specific circumstances of given geographical areas. After five years of application of this Regulation, the Commission should assess whether the state of convergence of procedures and methodologies and the effectiveness of the coordination process between infrastructure managers, as well as the general progress towards the establishment of the single European railway area, warrant the introduction of secondary legislation to replace elements the European frameworks developed by the European Network of Infrastructure Managerd knowledge that make for more efficient management of infrastructure capacity and for cooperation among national bodies with regard to cross-border traffic.
Amendment 202 #
Proposal for a regulation
Recital 15
Recital 15
(15) The European frameworks developed by, inter alia, the European Network of Infrastructure Manager should provide guidelines thatfor infrastructure manager should make the utmost efforts to follow, while retaining responsibility for their operational decisions. Infrastructurs to enable exchanges of experience managers should motivate any deviation from the frameworks developed by European Network of Infrastructure Manager. This approach is considered to strike the balance between the needs of coordination and application of harmonised approaches in the single European railway area, and the need for adapting procedures and methodologies to the specific circumstances of given geographical areas. After five years of application of this Regulation, the Commission should assess whether the state of convergence of procedures and methodologies and the effectiveness of the coordination process between infrastructure managers, as well as the general progress towards the establishment of the single European railway area, warrant the introduction of secondary legislation to replace elements the European frameworks developed by the European Network of Infrastructure Managerd knowledge that make for more efficient management of infrastructure capacity and for cooperation among national bodies with regard to cross-border traffic.
Amendment 209 #
Proposal for a regulation
Recital 19
Recital 19
(19) Continuous monitoring of the quality of rail infrastructure and transport services is a precondition for improving the performance of these services. It is therefore necessary to establish a transparent and objective system of indicators that provides feedback on aspects of performance that are relevant for the different operational stakeholders and for the end customers of rail transport services. The main function of that a system should focus on monitoring the fulfilment of commitments made by the operational stakeholders and progress in performance over time while taking into account different circumstances and characteristics within the rail sector. For the establishment of such a system and the analysis of its output, the Commission should be able to rely on independent experts in the form of a Performance Review Body. This body should be able to provide independent advice to the Commission in all areas that influence the performance of rail services and infrastructure management.
Amendment 209 #
Proposal for a regulation
Recital 19
Recital 19
(19) Continuous monitoring of the quality of rail infrastructure and transport services is a precondition for improving the performance of these services. It is therefore necessary to establish a transparent and objective system of indicators that provides feedback on aspects of performance that are relevant for the different operational stakeholders and for the end customers of rail transport services. The main function of that a system should focus on monitoring the fulfilment of commitments made by the operational stakeholders and progress in performance over time while taking into account different circumstances and characteristics within the rail sector. For the establishment of such a system and the analysis of its output, the Commission should be able to rely on independent experts in the form of a Performance Review Body. This body should be able to provide independent advice to the Commission in all areas that influence the performance of rail services and infrastructure management.
Amendment 212 #
Proposal for a regulation
Recital 20
Recital 20
(20) To improve the performance of rail infrastructure services in the single European railway area, the infrastructure managers, in close cooperation with the Commission, the Performance Review Body and relevant stakeholders, should set up and implement a commonparable framework for the review of performance. This framework should ensure that all EU infrastructure managers use commonmutually compatible principles and methodologies for measuring performance through agreed indicators. The framework should allow for identifying performance deficiencies on the EU railway network. It should ensure that infrastructure managers set performance objectives in a way that takes into account the specificities of the network they manage, but at the same time ensures coherency in identifying the most relevant performance deficiencies. The framework should allow infrastructure managers to cooperate at EU level in identifying measures to address performance deficiencies and to keep track of their impact. Infrastructure managers, working together in the European Network for Infrastructure Managers and taking into account the opinion of the Performance Review Body and the Commission, should review this framework regularly to ensure that it is fit for purpose.
Amendment 212 #
Proposal for a regulation
Recital 20
Recital 20
(20) To improve the performance of rail infrastructure services in the single European railway area, the infrastructure managers, in close cooperation with the Commission, the Performance Review Body and relevant stakeholders, should set up and implement a commonparable framework for the review of performance. This framework should ensure that all EU infrastructure managers use commonmutually compatible principles and methodologies for measuring performance through agreed indicators. The framework should allow for identifying performance deficiencies on the EU railway network. It should ensure that infrastructure managers set performance objectives in a way that takes into account the specificities of the network they manage, but at the same time ensures coherency in identifying the most relevant performance deficiencies. The framework should allow infrastructure managers to cooperate at EU level in identifying measures to address performance deficiencies and to keep track of their impact. Infrastructure managers, working together in the European Network for Infrastructure Managers and taking into account the opinion of the Performance Review Body and the Commission, should review this framework regularly to ensure that it is fit for purpose.
Amendment 214 #
Proposal for a regulation
Recital 21
Recital 21
Amendment 214 #
Proposal for a regulation
Recital 21
Recital 21
Amendment 215 #
Proposal for a regulation
Recital 22
Recital 22
(22) The rail regulatory bodies should cooperate at Union level to ensure coherent application of the regulatory framework and consistent treatment of applicantoperators across the single European railway area. They should do so through the European Network of Rail Regulatory Bodies, with a view to develop common practices for making the decisions for which they are empowered under this Regulation. For that purpose, the European Network of Rail Regulatory Bodies should perform coordination tasks and adopt non-binding recommendations and opinions, which should not affect the competences of the rail regulatory bodies or those of the infrastructure managers by developing coordinated practices for making the decisions for which they are empowered under this Regulation.
Amendment 215 #
Proposal for a regulation
Recital 22
Recital 22
(22) The rail regulatory bodies should cooperate at Union level to ensure coherent application of the regulatory framework and consistent treatment of applicantoperators across the single European railway area. They should do so through the European Network of Rail Regulatory Bodies, with a view to develop common practices for making the decisions for which they are empowered under this Regulation. For that purpose, the European Network of Rail Regulatory Bodies should perform coordination tasks and adopt non-binding recommendations and opinions, which should not affect the competences of the rail regulatory bodies or those of the infrastructure managers by developing coordinated practices for making the decisions for which they are empowered under this Regulation.
Amendment 218 #
Proposal for a regulation
Recital 25
Recital 25
(25) It is necessaryimportant to provide the mechanism to set criteria, principles and procedures related to capacity management, to cooperation between rail stakeholders and to coordination at EU level, for infrastructure managers and in the area of regulatory supervision. This mechanism requires that infrastructure managers and rail regulatory bodies, in cooperation with relevant stakeholders develop and implement European frameworks and guidelines. Following an evaluation of the development and implementation of the European frameworks and where the voluntary application of sector guidelines fails to achieve the necessary level of regulatory coherence, the Commission should have the means to address such regulatory inadequacies through implementing or delegated acts, where appropriate established in a coordinated manner.
Amendment 218 #
Proposal for a regulation
Recital 25
Recital 25
(25) It is necessaryimportant to provide the mechanism to set criteria, principles and procedures related to capacity management, to cooperation between rail stakeholders and to coordination at EU level, for infrastructure managers and in the area of regulatory supervision. This mechanism requires that infrastructure managers and rail regulatory bodies, in cooperation with relevant stakeholders develop and implement European frameworks and guidelines. Following an evaluation of the development and implementation of the European frameworks and where the voluntary application of sector guidelines fails to achieve the necessary level of regulatory coherence, the Commission should have the means to address such regulatory inadequacies through implementing or delegated acts, where appropriate established in a coordinated manner.
Amendment 227 #
Proposal for a regulation
Article 2 – paragraph 3 – point c
Article 2 – paragraph 3 – point c
(c) ensure non-discriminatory management of and transparent access to infrastructure capacity, including during works, with a view to supporting fair competition;
Amendment 227 #
Proposal for a regulation
Article 2 – paragraph 3 – point c
Article 2 – paragraph 3 – point c
(c) ensure non-discriminatory management of and transparent access to infrastructure capacity, including during works, with a view to supporting fair competition;
Amendment 231 #
Proposal for a regulation
Article 2 – paragraph 3 – point g
Article 2 – paragraph 3 – point g
Amendment 231 #
Proposal for a regulation
Article 2 – paragraph 3 – point g
Article 2 – paragraph 3 – point g
Amendment 237 #
Proposal for a regulation
Article 4 – paragraph 2 – point 1
Article 4 – paragraph 2 – point 1
(1) ‘force majeure’ means any unforeseeable or unusual event or situation beyond the control of the infrastructure manager or the railway undertaking, which cannot be avoided or overcome with reasonable foresight and diligence, be solved by measures which are from a technical, financial or economic point of view reasonably possible for them, which has actually happened and is objectively verifiable, and which makes it impossible for the infrastructure manager to fulfil, temporarily or permanently, its obligations in accordance with this Regulation or Directive 2012/34/EU or for the railway undertaking to meets its contractual obligations towards an infrastructure manager or managers. Collective and industrial action organised by workers in the sector is excluded;
Amendment 237 #
Proposal for a regulation
Article 4 – paragraph 2 – point 1
Article 4 – paragraph 2 – point 1
(1) ‘force majeure’ means any unforeseeable or unusual event or situation beyond the control of the infrastructure manager or the railway undertaking, which cannot be avoided or overcome with reasonable foresight and diligence, be solved by measures which are from a technical, financial or economic point of view reasonably possible for them, which has actually happened and is objectively verifiable, and which makes it impossible for the infrastructure manager to fulfil, temporarily or permanently, its obligations in accordance with this Regulation or Directive 2012/34/EU or for the railway undertaking to meets its contractual obligations towards an infrastructure manager or managers. Collective and industrial action organised by workers in the sector is excluded;
Amendment 332 #
Proposal for a regulation
Article 15 – title
Article 15 – title
Analysis of expected transport marketsector developments
Amendment 332 #
Proposal for a regulation
Article 15 – title
Article 15 – title
Analysis of expected transport marketsector developments
Amendment 336 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Infrastructure managers and ENIM shall regularly monitor and analyse developments and dynamics associated with the transport marketssector in order to inform their overall business strategy, capacity and contingency management and investment decisions. Infrastructure managers shall communicate the results of this analysis to other stakeholders for similar purposes, including the European Coordinators.
Amendment 336 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Infrastructure managers and ENIM shall regularly monitor and analyse developments and dynamics associated with the transport marketssector in order to inform their overall business strategy, capacity and contingency management and investment decisions. Infrastructure managers shall communicate the results of this analysis to other stakeholders for similar purposes, including the European Coordinators.
Amendment 337 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. For the purposes of this Regulation, the transport marketsector analysis referred to in paragraph 1 shall in particular provide input to strategic capacity planning as referred to in Article 11, to the partitioning of infrastructure capacity as referred to in Article 25 and to the allocation of capacity on the basis of the formal conflict resolution mechanism referred to in Article 37.
Amendment 337 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. For the purposes of this Regulation, the transport marketsector analysis referred to in paragraph 1 shall in particular provide input to strategic capacity planning as referred to in Article 11, to the partitioning of infrastructure capacity as referred to in Article 25 and to the allocation of capacity on the basis of the formal conflict resolution mechanism referred to in Article 37.
Amendment 338 #
Proposal for a regulation
Article 15 – paragraph 3 – introductory part
Article 15 – paragraph 3 – introductory part
3. ENIM shall carry out a European transport marketsector study covering passenger and freight transport in multimodal context at the latest by [31 December 2028]. The study shall address in particular:
Amendment 338 #
Proposal for a regulation
Article 15 – paragraph 3 – introductory part
Article 15 – paragraph 3 – introductory part
3. ENIM shall carry out a European transport marketsector study covering passenger and freight transport in multimodal context at the latest by [31 December 2028]. The study shall address in particular:
Amendment 548 #
Proposal for a regulation
Article 55 – paragraph 5
Article 55 – paragraph 5
5. ENIM shall take its decisions by a simple majorunanimity, unless otherwise provided for in the rules of procedure. All members from one Member State shall together have one vote. In the absence of a member, the alternate shall be entitled to exercise the right to vote.
Amendment 548 #
Proposal for a regulation
Article 55 – paragraph 5
Article 55 – paragraph 5
5. ENIM shall take its decisions by a simple majorunanimity, unless otherwise provided for in the rules of procedure. All members from one Member State shall together have one vote. In the absence of a member, the alternate shall be entitled to exercise the right to vote.