12 Amendments of Bogusław LIBERADZKI related to 2013/0016(COD)
Amendment 134 #
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – 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;
Amendment 135 #
Proposal for a directive
Article 2 – paragraph 2 – point b a (new)
Article 2 – paragraph 2 – 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;
Amendment 144 #
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, operational or technical requirements imposed at Member State level and applicable to railway undertakings actors, irrespective of the body issuing them;
Amendment 170 #
Proposal for a directive
Article 3 – paragraph 1 – point y a (new)
Article 3 – paragraph 1 – point y a (new)
(ya) 'consignee' means any natural or legal person which is identified as such in the consignment note and which receives the goods and aforesaid consignment note;
Amendment 174 #
Proposal for a directive
Article 3 – paragraph 1 – point y b (new)
Article 3 – paragraph 1 – point y b (new)
(yb) 'carrier' means any enterprise with whom the consignor or the passenger has concluded the contract of carriage or a successive carrier who is liable on the basis of that contract;
Amendment 175 #
Proposal for a directive
Article 3 – paragraph 1 – point y c (new)
Article 3 – paragraph 1 – point y c (new)
(yc) 'railway actors' involved in the safety chain are: railway undertakings, infrastructure managers, entities in charge of maintenance, rolling stock keepers, manufacturers, consignors, consignees, carriers, loaders, fillers and unloaders;
Amendment 176 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States and the Agency each for their own missions shall ensure that railway safety is generally maintained and, where reasonably practicable, continuously improved, taking into consideration the development of Union legislation and technical and scientific progress and giving priority to the prevention of serious accidents. Member States shall ensure that measures to develop and improve railway safety take account of the need for a system based approach. The main system actors shall bear the responsibility for the safety of the system, each for their own duties, without prejudice to civil liability in accordance with the legal requirements of the Member States.
Amendment 259 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. TheBefore any start of operation of a new service, a single safety certificate shall be granted by the Agency on the basis of the evidence that the railway undertaking has established its safety management system in accordance with Article 9 and meets the requirements laid down in TSIs and in other relevant legislation and system specific rules in order to control risks and provide transport services safely on the networkin the intended area of operation. The single safety certificate shall also be valid without extension of the area of operations 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.
Amendment 283 #
Proposal for a directive
Article 10 – paragraph 4 – subparagraph 1 – introductory part
Article 10 – paragraph 4 – subparagraph 1 – introductory part
Three months before the start of operation of any new service, the railway undertaking shall notifyprovide to the relevant national safety authoritAgency the documentation confirming that:
Amendment 295 #
Proposal for a directive
Article 10 – paragraph 4 – subparagraph 1 – point e a (new)
Article 10 – paragraph 4 – subparagraph 1 – point e a (new)
(ea) Within one month, the Agency indicates to the applicant whether the file is complete or not.
Amendment 297 #
Proposal for a directive
Article 10 – paragraph 4 – subparagraph 1 – point e b (new)
Article 10 – paragraph 4 – subparagraph 1 – point e b (new)
(eb) The Agency shall issue the Single Safety Certificate within three months after receiving the request. Any negative decision shall be duly justified.
Amendment 322 #
Proposal for a directive
Article 10 – paragraph 8 a (new)
Article 10 – paragraph 8 a (new)
8a. An appeal may be brought to the Board of Appeal designated under Article 54 of the Agency regulation against decisions of the Agency or its failure to act within the time limits defined in article 10.2, 5 & 6. Any natural or legal person or a member of the network of representative bodies may appeal against a decision addressed to that person by the Agency.