34 Amendments of Bogusław LIBERADZKI related to 2023/0271(COD)
Amendment 201 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Similarly with ENIM, the role of the Railway Undertakings and Applicants should be strengthened and a new structure established under “the European Railway Undertaking Platform (“ERUP”)
Amendment 210 #
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 who have solid knowledge of the whole railway sector in the form of a Performance Review Body. This body should be able to provide independent expert advice to the Commission in all areas that influence the performance of rail services and infrastructure management.
Amendment 233 #
Proposal for a regulation
Article 2 – paragraph 3 – point g a (new)
Article 2 – paragraph 3 – point g a (new)
(ga) (h) identify bottlenecks of infrastructure and submit proposal of elimination.
Amendment 245 #
Proposal for a regulation
Article 4 – paragraph 2 – point 3
Article 4 – paragraph 2 – point 3
(3) ‘operational stakeholder’ means an applicant, railway undertaking, association of applicants, infrastructure manager, rail service facility operator, provider of rail- related services and any other entity directly involved in operating a rail transport service;
Amendment 257 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Infrastructure managers shall strive to follow common principles and procedures for the management of rail infrastructure capacity. For this purpose, ENIM shall develop, consult with ERUP prior to the adoption and adopt a ‘European framework for capacity management’ in accordance with the provisions of Chapter II by [12 months of the entry into force of this Regulation].
Amendment 268 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The infrastructure manager mayshall set requirements with regard to applicants to ensure that its legitimate expectations about future revenues and utilisation of the infrastructure are safeguarded. Such requirements shall be appropriate, transparent and non-discriminatory. They shall be specified in the network statement as referred to in point (1)(b) of Annex IV. They may only include the provision of a financial guarantee that shall not exceed an appropriate level which shall be proportional to the contemplated level of activity of the applicant, and assurance of the capability to prepare compliant bids for infrastructure capacity.
Amendment 271 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Without prejudice to State aid rules, Member States mayshall, where appropriate, grant the infrastructure manager compensation corresponding to losses of revenue related exclusively to the need to comply with the strategic guidance regarding the use of rail infrastructure capacity.
Amendment 283 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. ENIM shall develop and consult with ERUP the methodologies referred to in paragraph 5, point b. The parameters of those methodologies shall make it possible to take into account local or national circumstances based on accepted approaches and empirical evidence. ENIM shall include those methodologies in the European framework for capacity management referred to in Article 6.
Amendment 290 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Without prejudice to Articles 7, 7c and 7e of Directive 2012/34/EU, infrastructure managers shall plan infrastructure work in accordance with the business plan and with the investment and financial programmes referred to in Article 8(3) of Directive 2012/34/EU. Where amendments to those programmes after the adoption of the business plan affect or are likely to affect the planning of infrastructure works, the infrastructure manager shall provide an overview of such amendments and their likely impact in the network statement. The member state shall provide the infrastructure manager with stable and timely announced multiannual funding for the maintenance, renewal and new construction of rail infrastructure for a rolling period of at least 5 years. The amount of money available to the infrastructure manager per year shall be made transparent to the infrastructure manager.
Amendment 295 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
In particular, the infrastructure manager shall take into account in a balanced way the impact of infrastructure works on its own asset management and financial situation as well as the operational and financial impact on all applicants concerned. Multiannual funding provided by the member state to the infrastructure manager shall support the goal of establishing this balance. Applicants shall timely provide the infrastructure manager with the information required for the infrastructure manager’s compliance with this provision.
Amendment 307 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
If necessary, in the light of experience gained in the implementation of this Regulation, ENIM in collaboration with ERUP may define a more detailed list which further differentiates between types of rail transport services. With a view to supporting the cross-border consistency of the strategic planning process, a harmonised list shall be included in the European framework for capacity management referred to in Article 6.
Amendment 340 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. ENIM shall consult applicants, ERUP customers of rail transport services and their associations, national and EU public authorities on the terms of reference for the study, in particular as regards the purpose of the study and the process for stakeholder involvement. The stakeholder involvement shall include the possibility for operational stakeholders to give input to the study and to make an independent comment on the result.
Amendment 371 #
Proposal for a regulation
Article 18 – paragraph 10 – introductory part
Article 18 – paragraph 10 – introductory part
10. ENIM in consultation with ERUP shall adopt guidelines and include them in the European framework for capacity management referred to in Article 6, setting out the following:
Amendment 379 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. ENIM in consultation with ERUP shall develop a common framework for the criteria and procedures referred to in paragraph 1 and include it in the European framework for capacity management referred to in Article 6. That common framework shall balance the benefits of reserving capacity for specific types of rail services or allocation processes with the need to ensuring flexibility to accommodate market needs in capacity allocation. For that purpose, the common framework shall provide for the possibility of taking into account requests for capacity rights not consistent with pre- planned capacity in the context of the consensual conflict resolution mechanism referred to in Article 36.
Amendment 381 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. ENIM shall develop and adopt formal specifications for capacity planning objects in human-readable and in machine- readable format. ENIM shall include these specifications in the European framework for capacity management referred to in Article 6. Based on its experience in applying this Article, ENIM, following consultation with ERUP shall provide information to the Commission on possible amendments to the technical specifications on interoperability as provided for by Directive (EU) 2016/797 and the implementing acts adopted under that Directive, in accordance with Article 62(3) of this Regulation.
Amendment 385 #
Proposal for a regulation
Article 21 – paragraph 1 – point b
Article 21 – paragraph 1 – point b
(b) the results of strategic capacity planning carried out in accordance with this section indicate that the capacity needs expressed during the strategic capacity planning phases exceed the capacity available for allocation during a given working timetable period; Infrastructure managers may declare without delay an element of infrastructure either to be highly utilised or to be congested if the following condition is met:
Amendment 387 #
Proposal for a regulation
Article 22 – paragraph 4 – subparagraph 1
Article 22 – paragraph 4 – subparagraph 1
Infrastructure managers shall take into account the results of any capacity analysis carried out in neighbouring and potentially affected countries in pursuant to this Article in strategic capacity planning, in particular in the capacity strategy, in the capacity model and in the capacity supply plan.
Amendment 408 #
Proposal for a regulation
Article 27 – paragraph 6 – subparagraph 1
Article 27 – paragraph 6 – subparagraph 1
The infrastructure manager shall cancel a capacity right which, over a period of at least one month, has been used less than a threshold quota, to be laid down in the network statement, unless this was due to non-economic reasons beyond the applicant's control. ENIM shall consult with ERUP define ranges for the threshold quota and include them in the European framework for capacity management referred to in Article 6.
Amendment 420 #
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
5. ENIM in consultation with ERUP shall define the detailed procedures and methods to implement this Article and the minimum quality requirements referred to in paragraph 2(b) and include them in the European framework for capacity management referred to in Article 6.
Amendment 461 #
Proposal for a regulation
Article 33 – paragraph 5
Article 33 – paragraph 5
Amendment 468 #
Proposal for a regulation
Article 36 – paragraph 8
Article 36 – paragraph 8
8. ENIM in consultation with ERUP shall prepare guidelines for the consensual conflict resolution mechanism for multi- network capacity requests and include them in the European framework for capacity management referred to in Article 6.
Amendment 474 #
Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 2
Article 39 – paragraph 3 – subparagraph 2
Amendment 482 #
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. Following a consultation of the ENRRB and ERUP, ENIM shall define harmonised conditions giving rise to compensation. Those conditions shall take into account the rules set out in Article 39(4) and (8). ENIM shall include these conditions in the European framework for capacity management referred to in Article 6. The ENRRB shall publish an opinion on the conditions defined by ENIM.
Amendment 536 #
Proposal for a regulation
Article 53 a (new)
Article 53 a (new)
Article 53a The Commission shall set up within 12 months after entry into force of the Regulation a further advisory group, European Railway Undertaking Platform (“ERUP”), made up of railway undertakings and authorised applicants. This advisory group may issue opinions on any proposal by ENIM which has direct consequences for these undertakings. It may also issue own- initiative opinions. ENIM shall consider such consolidated opinions as long as these are provided in due time.
Amendment 538 #
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. ENIM shall prepare, adopt and implement guidelines to ensure appropriate and regular consultation of interested parties and include them in the European framework for capacity management referred to in Article 6, the European framework for the cross-border coordination of traffic management, disruption management and crisis management referred to in Article 44 and the European framework for performance review referred to in Article 50. The process shall be developed and implemented with the support of the Network Coordinator and with the involvement of the designated focal points of infrastructure managers referred to in Article 60 and, to the extend relevant, the entities defined at the most appropriate geographical level referred to in Article 53 (2b).
Amendment 551 #
Proposal for a regulation
Article 55 – paragraph 8 a (new)
Article 55 – paragraph 8 a (new)
8a. ENIM shall consult with the European Railway Undertaking Platform (ERUP) in the development of the European Frameworks for Capacity Management, Traffic Management and Performance Management.
Amendment 552 #
Proposal for a regulation
Article 55 – paragraph 8 b (new)
Article 55 – paragraph 8 b (new)
8b. Rail infrastructure managers and allocation bodies of third countries which are responsible for lines that form part of the core and extended core TEN-T network shall be allowed to join ENIM.
Amendment 553 #
Proposal for a regulation
Article 55 – paragraph 8 c (new)
Article 55 – paragraph 8 c (new)
8c. ENIM shall consult with the European Railway Undertaking Platform (ERUP) in the development of the European Frameworks for Capacity Management, Traffic Management and Performance Management.
Amendment 561 #
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 1
Article 58 – paragraph 1 – subparagraph 1
The infrastructure managers shall provide ENIM with the necessary resources to perform its tasks. For this purpose, t, which are responsible for lines that form part of the core and extended core TEN-T network, referred to in [Article 6 of and Annex I to new TEN-T Regulation, shall provide ENIM with the necessary resources to perform its tasks. For this purpose, the functions of the network coordinator will be executed by an association of IMs in Europe responsible for lines that form part of the core and extended core TEN-T network, referred to in [Article 6 of and Annex I to new TEN-T Regulation. They shall appoint by [126 months after the entry into force of this Regulation] an impartial and competent entity to fulfil the functions referred to in Article 59. Such entity will be designated as a Network Coordinator. ENIM may decide to change the entity appointed as Network Coordinator with consent of the Commission.
Amendment 577 #
Proposal for a regulation
Article 62 – paragraph 2 – point c a (new)
Article 62 – paragraph 2 – point c a (new)
(ca) (d) synchronised with existing RINF and RINF developments
Amendment 582 #
Proposal for a regulation
Article 62 – paragraph 5 a (new)
Article 62 – paragraph 5 a (new)
5a. To comply with Article 62(1) to (5), public funding, including from the next Connecting Europe Facility to the infrastructure manager and railway undertakings must be sufficient to ensure a timely, cross-border harmonized and interoperable implementation of digital tools and services.
Amendment 616 #
Proposal for a regulation
Annex I – point 1 – table
Annex I – point 1 – table
Deliverable Contents Capacity strategy – Planned development of physical infrastructure, including (Article 16) new construction, upgrades, renewals and closures /decommissioning; – Forecasted development of demand for rail transport services; – Strategic guidance on capacity utilisation by Member States, including an outlook on the evolution on public service obligations; – Capacity allocated in framework agreements and capacity required to provide transport services under public service contracts; – Infrastructure declared highly utilised or congested; – Major capacity restrictions resulting from infrastructure works. Capacity model – All information included in the capacity strategy, where (Article 17) relevant updated and further detailed – Volume of capacity available to applicants by rail transport market segment and/or by and/or by allocation process, including safeguarded capacity for later requests and capacity assigned by Framework Agreements – Volume of capacity required for infrastructure works by impact on traffic (categories) – Geographical scope: at least the lines included in the TEN- T core and extended core network – Geographical detail: breakdown in appropriate planning sections reflecting infrastructure and demand characteristics – Temporal scope: one working timetable period – Temporal detail: at least annual overview (capacity restrictions) and one or more representative day/days (capacity available for requests) Capacity supply plan – All information included in the capacity model, where (Article 18) relevant updated further detailed – Prep-planned capacity available for requests, defined in the form of capacity objects – Capacity restrictions, defined in the form of capacity objects – Alternative capacity available during capacity restrictions – Alternative capacity available in the event of network disruptions
Amendment 617 #
Proposal for a regulation
Annex I – point 2 – point 1 – paragraph 3 – table
Annex I – point 2 – point 1 – paragraph 3 – table
Deliverable Milestone Deadline (at latest) Capacity strategy PublicInitiation of the first elements of the capacity strategy process X–60 (Article 16) capacity strategy preparation First consultation of stakeholders X–58 Publication of the draft strategy and second X–38 consultation of stakeholders Publication of final capacity strategy following X–36 final coordination between infrastructure managers Capacity model Start of preparation X–36 (Article 17) Consultation of applicants and operational X–24 stakeholders Coordination between infrastructure X-22 managers and operation participants and feasibility assessments for provided capacity needs that might not be fully considered in the draft Capacity model Publication of draft capacity model and start X–21 X–21 of the second consultation with the applicants and operation participants Coordination with applicants and operational X–19 stakeholders Publication of final capacity model following X–18 final coordination between infrastructure managers Capacity supply plan Start of preparation X–18 (Article 18) Consultation of applicants and operational X–14 stakeholders RB shall analyse the draft capacity supply X-14 to X-13 plan and may take a decision requiring the infrastructure manager to amend the capacity supply plan Publication of capacity restrictions referred to X–12 in point (1) of section (3) of this Annex Publication of final capacity supply plan X–11 following final coordination between infrastructure managers Update of capacity supply plan for late X-6.5 requests Publication of capacity restrictions referred to X–4 in point (5) of section (3) of this Annex Re-purposing of capacity reserved for X–2 allocation through the working timetable for other allocation processes Update of capacity supply plan to reflect any Until X+12 without changes to pre-planned or allocated capacity delay Note: (1) ‘X–m’ means ‘m’ months before the date of entry into force of the working timetable (‘X’), in accordance with section 4.
Amendment 626 #
Proposal for a regulation
Annex I – point 8 – point 1
Annex I – point 8 – point 1