BETA

31 Amendments of Jacky HÉNIN related to 2013/0028(COD)

Sabine WILS, Jacky HÉNIN

Draft legislative resolution
Paragraph 1

1. ~~Adopts its position at first reading hereinafter set out~~Rejects the European Commission proposal;

2013/09/23
Committee: TRAN

Sabine WILS, Jacky HÉNIN

Proposal for a regulation
Recital 4

(4) When competent authorities organise their public passenger transport services they need to ensure that public service obligations and the geographical scope of public service contracts are appropriate, necessary and proportionate to achieve the objectives of the public passenger transport and cohesion policy in their territory. This policy should be set out in public transport plans ~~leaving scope for market based transport solutions. The process of defining public transport plans and~~where the public service obligations should be made transparent to all relevant stakeholders including potential market entrants.

2013/09/23
Committee: TRAN

Sabine WILS, Jacky HÉNIN

Proposal for a regulation
Recital 6

(6) It is particularly important that competent authorities comply with these criteria for public service obligations and the scope of public service contracts if the market for public passenger transport by rail is to run smoothly, because open access transport operations need to be well coordinated with those under public service contract. For this reason, the independent rail regulatory body should ensure that this process is correctly applied and transparent by the competent authorities who remain the main responsible in delivering such contracts.

2013/09/23
Committee: TRAN

Sabine WILS, Jacky HÉNIN

Proposal for a regulation
Recital 7

(7) A maximum annual volume of a public service contract for passenger transport by rail needs to be set to facilitate competition for such contracts while allowing competent authorities some flexibility to optimise the volume according to economic and operational considerations.deleted

2013/09/23
Committee: TRAN

Sabine WILS, Jacky HÉNIN

Proposal for a regulation
Recital 8

(8) To facilitate the ~~preparation of tenders, and hence enhance competi~~choice of the awarding procedure more consistent with general public service obligations competent authorities need to ensure that all public service operators interested ~~in making such a submission~~ receive certain information on the transport services and infrastructure covered by the public service contract.

2013/09/23
Committee: TRAN

Sabine WILS, Jacky HÉNIN

Proposal for a regulation
Recital 9

(9) ~~Certain upper limits for the direct award of public service contracts need to be adapted for rail transport to the specific economic~~Specific economic and social conditions under which tender procedures could take place in this sector should reflect public service contracts needs adapted accordingly for rail transport.

2013/09/23
Committee: TRAN

Sabine WILS, Jacky HÉNIN

Proposal for a regulation
Recital 10

(10) The establishment of an Internal Market for passenger transport services by rail requires common rules on adequate social protection and on competitive tendering for public service contracts in this sector to be applied in a harmonised manner in all Member States preventing any economic and social dumping.

2013/09/23
Committee: TRAN

Sabine WILS, Jacky HÉNIN

Proposal for a regulation
Recital 11

(11) In view of creating framework conditions for enabling society to fully reap the benefits of effective opening of the market for domestic passenger transport services by rail it is important that Member States ensure in any case an adequate level of social protection for the staff of public service operators on a national, regional and local level. The adequate level should be a compulsory prerequisite for operating rail passenger services and guaranteed by national law and or by sector wide collective agreements both setting clear social standards and requiring the compulsory transfer of staff for the relevant sector.

2013/09/23
Committee: TRAN

Sabine WILS, Jacky HÉNIN

Proposal for a regulation
Recital 14 a (new)

(14a) When defining the scope of the Public service Obligations, Competent Authorities may take into consideration the relevant network effects.

2013/09/23
Committee: TRAN

Sabine WILS, Jacky HÉNIN

Proposal for a regulation
Article 1 – point 1 – point a

Regulation (EC) No. 1370/2007
Article 2 – point c

(a) Point (c) of Article 2 is replaced by the following: “competent local authority” means any competent authority whose geographical area of competence is not national and which covers the transport needs of an urban agglomeration or a rural district;deleted

2013/09/23
Committee: TRAN

Sabine WILS, Jacky HÉNIN

Proposal for a regulation
Article 1 – point 1 – point b

Regulation (EC) No. 1370/2007
Article 2 – point e

(b) Point (e) of Article 2 is complemented by the following: The scope of public service obligations shall exclude all public transport services that go beyond of what is necessary to reap local, regional or sub-national network effects.deleted

2013/09/23
Committee: TRAN

Sabine WILS, Jacky HÉNIN

Proposal for a regulation
Article 1 – point 2

Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 1

1. Competent authorities shall establish and regularly update multiannual public passenger transport plans covering all relevant transport modes for the territory for which they are responsible. These public transport plans shall define the objectives of public transport policy and the means to implement them covering all relevant transport modes for the territory for which they are responsible. They shall at least include:

2013/09/23
Committee: TRAN

Sabine WILS, Jacky HÉNIN

Proposal for a regulation
Article 1 – point 2

Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 1 – point c

quality standards related to items such as equipment features of stops and of rolling stock, punctuality and reliability, cleanliness, customer service and information, complaint handling and redress, monitoring of service quality;deleted

2013/09/23
Committee: TRAN

Sabine WILS, Jacky HÉNIN

Proposal for a regulation
Article 1 – point 2

~~operational requirements such as transport of bicycles, traffic management, contingency plan in case of disturbances.~~deleted

2013/09/23
Committee: TRAN

Sabine WILS, Jacky HÉNIN

Proposal for a regulation
Article 1 – point 2

Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 2

In establishing public transport plans, competent authorities shall have regard in particular to applicable rules regarding passenger rights as provided by Regulation (EC) 1371/2007, social, employment and environmental protection by consulting the relevant stakeholders and social partners. It shall also take into account the applicable rules regarding energy efficiency and CO2 reduction targets. Environmental reliability, sustainability and internalisation of external costs shall also be considered in establishing public transport plans.

2013/09/23
Committee: TRAN

Sabine WILS, Jacky HÉNIN

Proposal for a regulation
Article 1 – point 2

Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 2

2. The establishment of public service obligations ~~and the award~~to be included in the schemes of public service contracts shall be consistent with the applicable public transport plans taking into account, when referring to rail transport, the transport services provided under Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (recast) and considering all information given to the infrastructure managers and regulatory bodies pursuant to that Directive.

2013/09/23
Committee: TRAN

Sabine WILS, Jacky HÉNIN

Proposal for a regulation
Article 1 – point 2

Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 3

3. The specifications of public service obligations for public passenger transport and the scope of their application shall be established as follows: (a) they shall be defined in accordance with Article 2 (e); (b) they shall be appropriate to achieve the objectives of the public transport plan; (c) they shall not exceed what is necessary and proportionate to achieve the objectives of the public transport plan. The assessment of appropriateness referred to in point (b) shall take into account whether a public intervention in the provision of passenger transport is a suitable means of achieving the objectives of the public transport plans. For public passenger transport by rail the assessment of necessity and proportionality referred to in point (c) shall take into account the transport services provided under Article 10(2) of Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (recast) and consider all information given to the infrastructure managers and regulatory bodies pursuant to the first sentence of Article 38(4) of that Directive.deleted

2013/09/23
Committee: TRAN

Sabine WILS, Jacky HÉNIN

Proposal for a regulation
Article 1 – point 2

Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 4 – subparagraph 1 – point b

financially sustain the provision of public passenger transport in ~~accordance to the requirements laid down in the public transport plan in the long term~~the long term avoiding both over and/or under compensation..

2013/09/23
Committee: TRAN

Sabine WILS, Jacky HÉNIN

Proposal for a regulation
Article 1 – point 2

Regulation (EC) No. 1370/2007
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 10 million train-km or one third of the total national public rail passenger transport volume under public service contract.deleted

2013/09/23
Committee: TRAN

Sabine WILS, Jacky HÉNIN

Proposal for a regulation
Article 1 – point 3 – point c

Regulation (EC) No. 1370/2007
Article 4 – paragraph 6

~~Wher~~The competent authorities shall, in accordance with national law, ~~require public service operators to comply with certain~~set quality and social standards or, establish social and qualitative criteria~~, these standards and criteria shall be included in the tender documents and in the public service contracts.~~ and include them in the tender documents and in the public service contracts, regardless of the award procedure. The competent authorities have to ascertain that at the latest at the opening of the domestic railway market such social standards and compulsory rules on transfer of staff in case of change of operator are set, unless a law, regulation or a binding sector-wide collective agreement valid in the area where the service is performed already exists and applies for the concerned staff.

2013/09/23
Committee: TRAN

Sabine WILS, Jacky HÉNIN

Proposal for a regulation
Article 1 – point 4 – point a

Regulation (EC) No. 1370/2007
Article 5 – paragraph 4

(a) Paragraph 4 is replaced by the following: Unless prohibited by national law, the competent authorities may decide to award public service contracts directly: (a) where their average annual value is estimated at: less than EUR 1 000 000 or less than EUR 5 000 000 in the case of a public service contract including public transport by rail or, (b) where they concern the annual provision of less than 300 000 kilometres of public passenger transport services or less than 150 000 kilometres in the case of a public service contract including public transport by rail. In the case of a public service contract directly awarded to a small or medium- sized enterprise operating not more than 23 road vehicles, these thresholds may be increased to either an average annual value estimated at less than EUR 2 000 000 or to an annual provision of less than 600 000 kilometres of public passenger transport services.deleted

2013/09/23
Committee: TRAN

Sabine WILS, Jacky HÉNIN

Proposal for a regulation
Article 1 – point 4 – point b

Regulation (EC) No. 1370/2007
Article 5 – paragraph 6

(b) Paragraph 6 is replaced by the following: ‘Competent authorities may decide that, in order to increase competition between railway undertakings, contracts for public passenger transport by rail covering parts of the same network or package of routes shall be awarded to different railway undertakings. To this end the competent authorities may decide before launching the tender procedure to limit the number of contracts to be awarded to the same railway undertaking.’deleted

2013/09/23
Committee: TRAN

Sabine WILS, Jacky HÉNIN

Proposal for a regulation
Article 1 point 5

Regulation (EC) No. 1370/2007
Article 5 a (new) – paragraph 1

Member States shall in compliance with State aid rules take the necessary measures to ensure effective and non-discriminatory access conditions to suitable rolling stock for public passenger transport by rail with the exceptions of other track-based modes as metro and tramways for operators wishing to provide public passenger transport services by rail with the exception of other track-based modes as metro or tramways services under public service contract.

2013/09/23
Committee: TRAN

Sabine WILS, Jacky HÉNIN

Proposal for a regulation
Article 1 point 5

Regulation (EC) No. 1370/2007
Article 5 a (new) – paragraph 2 – subparagraph 1

Where rolling stock leasing companies which provide for the leasing of rolling stock referred to in paragraph 1 under non- discriminatory and commercially viable conditions to all of the public rail passenger transport operators concerned do not exist in the relevant market, Member States shall ensure that the residual value risk of the rolling stock is borne by the competent authority in compliance with State aid rules~~, when operators intending and able to participate in tendering procedures for public service contracts so request in order to be able to participate in tendering procedures~~.

2013/09/23
Committee: TRAN

Sabine WILS, Jacky HÉNIN

Proposal for a regulation
Article 1 point 5

Regulation (EC) No. 1370/2007
Article 5 a (new) – paragraph 2 – subparagraph 2

The competent authority may comply with the requirement set out in the first subparagraph in one of the following ways: (a) by acquiring itself the rolling stock used for the execution of the public service contract with a view to making it available to the selected public service operator at market price or as part of the public service contract pursuant to Article 4(1)(b), Article 6 and, if applicable, to the Annex, (b) by providing a guarantee for the financing of the rolling stock used for the execution of the public service contract at market price or as part of the public service contract pursuant to Article 4(1)(b), Article 6 and, if applicable, to the Annex. Such a guarantee may cover the residual value risk while respecting the relevant state aid rules when applicable, (c) by committing in the public service contract to take over of the rolling stock at the end of the contract at market price.deleted

2013/09/23
Committee: TRAN

Sabine WILS, Jacky HÉNIN

Proposal for a regulation
Article 1 point 5

Regulation (EC) No. 1370/2007
Article 5 a (new) – paragraph 2 – subparagraph 3

~~In the cases referred to in points (b) and (c), the competent authority shall have the right to require the public service operator~~The competent authority may ask the public service operator by means of a prior written consent before the commitment is enforced to transfer the rolling stock after the expiry of the public service contract to the new operator to whom a contract is awarded. The competent authority may oblige the new public transport operator to tmake ~~the~~use of the taken rolling stock ~~over~~. The transfer shall be done at market ~~rates~~value.

2013/09/23
Committee: TRAN

Sabine WILS, Jacky HÉNIN

Proposal for a regulation
Article 1 point 5

Regulation (EC) No. 1370/2007
Article 5 a (new) – paragraph 4

4. By [18 months after the date of entry into force of this Regulation] the Commission shall adopt measures setting out the details of the procedure to be followed for the application of paragraphs 2 and 3 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 9a(2).deleted

2013/09/23
Committee: TRAN

Sabine WILS, Jacky HÉNIN

Proposal for a regulation
Article 1 point 8 – point a

Regulation (EC) No. 1370/2007
Article 8 – paragraph 2 – subparagraph 1

2. Without prejudice to paragraph 3, the award of public service contracts by rail with the exception of other track-based modes ~~such as metro or tramways~~ shall comply with Article 5~~(3)~~ as from 3 December 2019. All public service contracts by other track-based modes and by road must ~~have been~~be awarded in compliance with Article 5~~(3) by~~ as from 3 December 2019 at the latest. During the transitional period running until 3 December 2019, Member States shall take measures to gradually comply with Article 5~~(3)~~ in order to avoid serious structural problems in particular relating to transport capacity or relating to integrated transport networks.

2013/09/23
Committee: TRAN

Sabine WILS, Jacky HÉNIN

Proposal for a regulation
Article 1 point 8 – point b

Regulation (EC) No. 1370/2007
Article 8 – paragraph 2 a (new)

(b) The following paragraph 2 a is inserted: '2a. Public service contracts for public passenger transport by rail directly awarded between 1 January 2013 and 2 December 2019 may continue until their expiry date. However they shall, in any event, not continue after 31 December 2022.'deleted

2013/09/23
Committee: TRAN

Sabine WILS, Jacky HÉNIN

Proposal for a regulation
Article 1 point 8 – point c

Regulation (EC) No. 1370/2007
Article 8 – paragraph 3

(c) In paragraph 3, the last sentence of the second subparagraph is replaced by the following: ‘The contracts referred to in (d) may continue until they expire, provided they are of limited duration similar to the durations specified in Article 4.’deleted

2013/09/23
Committee: TRAN

Sabine WILS, Jacky HÉNIN

Proposal for a regulation
Article 1 – point 9

Regulation (EC) No. 1370/2007
Article 9 a (new)

9. ‘The following Article 9a is inserted: ‘Article 9a Committee procedure 1. The Commission shall be assisted by the Single European Railway Area Committee established by Article 62 of Directive 2012/34/EU of the European parliament and of the Council of 21 November 2012 establishing a single European railway area (recast) . That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.“’deleted

2013/09/23
Committee: TRAN