BETA

36 Amendments of Bogusław LIBERADZKI related to 2013/0015(COD)

Artur ZASADA, Bogdan Kazimierz MARCINKIEWICZ, Roberts ZĪLE, Bogusław LIBERADZKI, Werner KUHN

Proposal for a directive
Article 1 – paragraph 3 – point b

(b) networks that are functionally separate from the rest of the railway system and intended only for the operation of regional, local, urban or suburban ~~passenger~~ services, as well as railway undertakings operating solely on these networks.;

2013/10/01
Committee: TRAN

Artur ZASADA, Bogdan Kazimierz MARCINKIEWICZ, Roberts ZĪLE, Bogusław LIBERADZKI, Werner KUHN

Proposal for a directive
Article 1 – paragraph 3 – point b a (new)

(ba) Organizationally and technically separate railway lines using a track gauge different than the one dominant in the given Member State, having direct access to the railway infrastructure of countries outside the EU, as well as railway undertakings operating solely on these lines.

2013/10/01
Committee: TRAN

Bogusław LIBERADZKI

Proposal for a directive
Article 2 – paragraph 1 – point 12

(12) ‘upgrading’ means any major modification work on a subsystem, a vehicle or part of it which results in a major change in the technical file accompanying the ‘EC’ declaration of verification~~, if this technical file exists,~~ and which improves the overall performance of the subsystem. Each TSI shall specify "major" modifications for the relevant subsystem or vehicle;

2013/10/01
Committee: TRAN

Bogusław LIBERADZKI

Proposal for a directive
Article 2 – paragraph 1 – point 13

(13) ‘renewal’ means any major substitution work on a subsystem, a vehicle or part of it which does not change the overall performance of the subsystem or vehicle. Each TSI shall specify "major" modifications for the relevant subsystem and vehicle;

2013/10/01
Committee: TRAN

Bogusław LIBERADZKI

Proposal for a directive
Article 2 – paragraph 1 – point 26

(26) ‘national rules’ means all binding rules notified by a Member State containing railway safety, operational or technical requirements imposed at Member State's level and applicable to railway ~~undertaking~~actors, irrespective of the body which issu~~ing~~ed them;

2013/10/01
Committee: TRAN

Bogusław LIBERADZKI

Proposal for a directive
Article 2 – paragraph 1 – point 39 a (new)

(39a) 'area of use' means a line, a network or a group of lines or networks in one or several Member States in which an interoperability constituent is intended to be used specified in the technical and maintenance files;

2013/10/01
Committee: TRAN

Bogusław LIBERADZKI

Proposal for a directive
Article 4 – paragraph 3

3. SFixed subsystems shall comply with the TSIs in force at the time of ~~their placing in service, up~~first appointment of a Notified Body and at the latest at the time of gradnting o~~r renewal, in accordance with this Directive; t~~f building permits; vehicles shall be in compliance with the TSIs and national rules in force at the time of the first appointment of a Notified Body. This compliance shall be permanently maintained while each subsystem is in use.

2013/10/01
Committee: TRAN

Bogusław LIBERADZKI

Proposal for a directive
Article 6 – paragraph 3 a (new)

3a. A member of the network of representative bodies can act as applicant to request opinions about deficiencies in TSIs via the Commission. The applicant of its decision shall be informed of the decision taken. The Commission shall duly justify any refusal.

2013/10/01
Committee: TRAN

Bogusław LIBERADZKI

Proposal for a directive
Article 15 – paragraph 4

~~4. Any amendment of the technical file referred to in paragraph 3 that has an impact on the verifications carried out implies the need to establish a new ‘EC’ declaration of verification.~~deleted

2013/10/01
Committee: TRAN

Bogusław LIBERADZKI

Proposal for a directive
Article 18 – paragraph 2 – subparagraph 1

Each national safety authority shall a~~uthorise the placing in service of the~~ct as a one-stop-shop for all fixed installations such as energy ~~and~~, infrastructure, trackside control command and signalling subsystems which are located or operated in the territory of its Member State.

2013/10/01
Committee: TRAN

Bogusław LIBERADZKI

Proposal for a directive
Article 19

Placing on the market of mobile 1. The rolling stock subsystem and the on- board control-command and signalling subsystem shall be placed on the market by the applicant only if they are designed, constructed and installed in such a way as to meet the essential requirements as set out in Annex III. 2. In particular, the applicant shall ensure that the EC declaration of verification has been provided. 3. 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).Article 19 deleted subsystems

2013/10/01
Committee: TRAN

Bogusław LIBERADZKI

Proposal for a directive
Article 20 – paragraph 1

1. A vehicle shall be placed oin ~~the market~~ service only after having received the vehicle authorisation for placing oin ~~the market~~service issued by the Agency in accordance with paragraph 5.

2013/10/01
Committee: TRAN

Bogusław LIBERADZKI

Proposal for a directive
Article 20 – paragraph 2

2. The Agency shall issue decisions granting vehicle authorisations for placing oin ~~the market~~service. Those authorisations attest the values of the parameters relevant for checking the technical compatibility between the vehicle and the fixed installations as set out in the TSIs and sets of national rules for the area of use according to paragraph 9. The vehicle authorisation for placing oin ~~the market~~service shall also provide information about the vehicle's compliance with the relevant TSIs and sets of national rules, for the area of use according to paragraph 9 related to these parameters.

2013/10/01
Committee: TRAN

Bogusław LIBERADZKI

Proposal for a directive
Article 20 – paragraph 3

3. The vehicle authorisation for placing oin ~~the market may~~service shall stipulate conditions for the use of the vehicle and other restrictions.

2013/10/01
Committee: TRAN

Bogusław LIBERADZKI

Proposal for a directive
Article 20 – paragraph 4 – introductory part

4. The vehicle authorisation for placing oin ~~the market~~service 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~~following:

2013/10/01
Committee: TRAN

Bogusław LIBERADZKI

Proposal for a directive
Article 20 – paragraph 4 – point i

(i) the ~~placing on the market of the mobile subsystems composing the vehicle according to Article 19~~declaration of EC verification of the vehicle and the technical file accompanying it;

2013/10/01
Committee: TRAN

Bogusław LIBERADZKI

Proposal for a directive
Article 20 – paragraph 4 – point j

(j) the ~~technical compatibility of the subsystems referred to in point (a) within the vehicle, established on the basis of the relevant TSIs, national rules and registers~~certificate of verification in the case of national rules according to annex VI 3;

2013/10/01
Committee: TRAN

Bogusław LIBERADZKI

Proposal for a directive
Article 20 – paragraph 4 – point j a (new)

(ja) documentary evidence of the safe integration within the vehicle if not covered by a) and b) Or. en (This Article 20, paragraph 4c refers to Article 20, paragraph 4a and 4b)

2013/10/01
Committee: TRAN

Bogusław LIBERADZKI

Proposal for a directive
Article 20 – paragraph 4 – point k

(k) ~~the safe integration of the subsystems referred to in point (a) with~~documentary evidence of the technical compatibility and safe integration of the vehicle within the area of use according t~~he vehicle~~o paragraph 9, established on the basis of the relevant TSIs, national rules, registers, if necessary, in (non-binding) consultation with the infrastructure manager, and the common safety methods set out in Article 6 of Directive ~~…/…~~.../... [on the safety of the rail system within the Union]. Or. en (This Article shall be the new Article 20, paragraph 4d.)

2013/10/01
Committee: TRAN

Bogusław LIBERADZKI

Proposal for a directive
Article 20 – paragraph 5 – subparagraph 1

The Agency shall take the decisions referred to in paragraph 2 within a pre- determined, reasonable time, and, in any case, within four months from receipt of all relevant information~~. These~~ from the applicant. Within 1 month, the Agency shall indicate to the applicant whether the file is complete or not. Any negative decision made by the Agency shall be duly justified. Such authorisations shall be ~~vali~~recognised in all Member States. The criteria checked by the Agency may be related to rules referred to in Article 13.3. The Agency may request additional information to be supplied, risk analyses to be carried out in accordance with Article 6(3)(a) of Directive 2004/49/EC or tests to be conducted on the network in order to verify the criteria referred to in the paragraph above. The infrastructure manager, in consultation with the applicant, shall make every effort to ensure that any tests can take place within three months of the applicant's request. Where appropriate, the Agency shall take measures to ensure that the tests take place.

2013/10/01
Committee: TRAN

Bogusław LIBERADZKI

Proposal for a directive
Article 20 – paragraph 5 – subparagraph 2

The Agency shall provide detailed guidance on how to obtain the vehicle authorisation for placing oin ~~the market~~service. An application guidance document describing and explaining the requirements for the vehicle authorisation for placing oin ~~the market~~service and listing the required documents shall be made available to applicants free of charge. The national safety authorities shall cooperate with the Agency in disseminating such information.

2013/10/01
Committee: TRAN

Bogusław LIBERADZKI

Proposal for a directive
Article 20 – paragraph 6

6. The Agency may issue vehicle authorisation for placing oin ~~the market~~service for a series of vehicles. Any negative decision made by the Agency shall be duly justified. Those authorisations shall be ~~vali~~recognised in all Member States.

2013/10/01
Committee: TRAN

Bogusław LIBERADZKI

Proposal for a directive
Article 20 – paragraph 7

7. The applicant, any natural or legal person or a member of the network of representative bodies may bring an appeal before the Board of Appeal designated under Article 51 of Regulation (EU) No …/… [establishing a European railway agency] against any decisions of the Agency or its failure to act within the time limits referred to in ~~paragraph 5~~this article.

2013/10/01
Committee: TRAN

Bogusław LIBERADZKI

Proposal for a directive
Article 20 – paragraph 8 – introductory part

8. In the event of renewal or upgrading of existing vehicles ~~which already have a~~, in addition to the requirement for a new 'EC' declaration of verification, the applicant shall ask the Agency for a new vehicle authorisation for placing oin ~~the market~~service when either:

2013/10/01
Committee: TRAN

Bogusław LIBERADZKI

Proposal for a directive
Article 20 – paragraph 8 – point (a)

(a) ~~a new ‘EC’ declaration of verification shall be needed as set out in Article 15(4), and~~the overall safety level of the vehicle concerned may be substantially adversely affected by the works envisaged; or

2013/10/01
Committee: TRAN

Bogusław LIBERADZKI

Proposal for a directive
Article 20 – paragraph 8 – point b

(b) ~~a new vehicle authorisation for placing on the market shall be required if any changes are made to the values of the parameters included in the vehicle authorisation already granted~~it is required by the relevant TSIs. During an upgrade or a renewal only the modification shall be in scope of this article.

2013/10/01
Committee: TRAN

Bogusław LIBERADZKI

Proposal for a directive
Article 20 – paragraph 9 – subparagraph 1

~~At the request of the applicant, t~~The applicant shall include in its request the demonstration of the technical compatibility of the vehicle with the area of use for which it applies. The vehicle authorisation for placing oin ~~the market may~~service shall include a clear indication of the ~~networks~~area of use or lines or groups of networks or lines where the ~~railway undertaking may place such a vehicle in service~~vehicle can run without further verifications, checks or tests concerning the technical compatibility between the vehicle and these networks or lines (without prejudice of temporary restrictions on the network or lines concerned or related to the vehicle itself). In that case, the applicant shall include in its request the proof of the technical compatibility of the vehicle with the networks or lines concerned. This indication may be also broadened to other networks or lines, at the request of the original or another applicant, after the relevant authorisation for placing on the market has been issued. The authorisation shall also be valid without extension of the area of use for vehicles travelling to the stations of neighbouring Member States with similar network characteristics, when those stations are close to the border, following consultation of the relevant national safety authorities. This consultation may be on a case-by case basis or set out in a cross-border agreement between national safety authorities.

2013/10/01
Committee: TRAN

Bogusław LIBERADZKI

Proposal for a directive
Article 20 – paragraph 9 – subparagraph 2

~~This indication may be also added, at the request of the original or another applicant, after the relevant authorisation for placing on the market has been issued.~~ deleted Or. en (Already included in Paragraph 9)

2013/10/01
Committee: TRAN

Bogusław LIBERADZKI

Proposal for a directive
Article 20 – paragraph 9 – subparagraph 2 a (new)

The Agency can amend or revoke an authorisation to place in service a vehicle, if it no longer satisfies the conditions according to which it was issued, giving reasons for its decision. The Agency shall immediately update the European register defined in Article 43. Or. en (This shall be the new paragraph 10.)

2013/10/01
Committee: TRAN

Bogusław LIBERADZKI

Proposal for a directive
Article 20 – paragraph 9 – subparagraph 2 b (new)

If a National Safety Authority finds that an authorised vehicle does not comply with essential requirements, it shall immediately inform the Agency and other relevant NSA's. The Agency shall decide on the necessary measures within 1 month. In case of urgent preventive measures, the Agency can immediately restrict or suspend the authorisation before its decision is taken. Or. en (This shall be the new paragraph 11.)

2013/10/01
Committee: TRAN

Bogusław LIBERADZKI

Proposal for a directive
Article 20 – paragraph 9 – subparagraph 2 c (new)

The authorisation for vehicles operated or intended to be operated exclusively on a network with 1.520 mm, 1.524 mm or 1.600 mm track gauge or on a rail network being geographically fully separated from that of the main rail network within the Union, the vehicle authorisation shall be granted by the National Safety Authority. Member States may decide not to require any authorisation by the responsible safety authority for vehicles registered in non-EU countries entering the network of Member States of which the track gauge is different from that of the main rail network within the Union. In this case the authorisation is only valid on this network. Or. en (This shall be the new paragraph 12.)

2013/10/01
Committee: TRAN

Bogusław LIBERADZKI

Proposal for a directive
Article 21

Article 21 Placing in service of vehicles 1. Railway undertakings shall place in service a vehicle only after having checked, in consultation with the infrastructure manager, the technical compatibility 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. To this aim, vehicles shall first receive the vehicle authorisation for placing on the market in accordance with Article 20. 2. The railway undertaking shall communicate its decisions with respect to the placing in service of vehicles to the Agency, the infrastructure manager and the national safety authority concerned. These decisions shall be recorded in the national vehicle registers referred to in Article 43. 3. In the event of renewal or upgrading of existing vehicles, a new ‘EC’ declaration of verification shall be needed as set out in Article 15(4). In addition, a new decision taken by the railway undertaking for placing in service of these vehicles shall be required when: (n) the overall safety level of the subsystem concerned may be adversely affected by the works envisaged, or (o) it is required by the relevant TSIs. deleted Or. en (See new proposal for Article 21)

2013/09/20
Committee: TRAN

Bogusław LIBERADZKI

Proposal for a directive
Article 21 a (new)

Article 21 a Use of vehicles Before operating a vehicle, the railway undertaking shall check that the vehicle has a valid authorisation for placing in service for the Member States and the route where that vehicle is intended to run, taking into account: (a) the register(s) specified in article 45 (or through a request to the infrastructure manager if the register is not yet available) and any temporary altered values of the parameters due to provisional restrictions related to the network transmitted by the infrastructure manager or to the vehicle by the ECM. (b) The European vehicle register referred to in Article 43 and/or European vehicle type register referred to in Article 44 including any temporary altered values of the parameters due to provisional restrictions related to the type or to the vehicle. Or. en (This Amendment substitutes Article 21 proposed by the Commission.)

2013/09/20
Committee: TRAN

Bogusław LIBERADZKI

Proposal for a directive
Article 43 – title

~~National~~European vehicle registers

2013/09/20
Committee: TRAN

Bogusław LIBERADZKI

Proposal for a directive
Article 43 – paragraph 1 – introductory part

1. ~~Each Member State~~The Agency shall keep a register of the vehicles placed in service in ~~its territory~~the Union. This register shall meet the following criteria:

2013/09/20
Committee: TRAN

Bogusław LIBERADZKI

Proposal for a directive
Article 43 – paragraph 1 – point b

(b) it shall be kept updated by ~~a body independent of any railway undertaking~~the Agency;

2013/09/20
Committee: TRAN