Activities of Michael CRAMER related to 2013/0014(COD)
Shadow reports (2)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on the European Union Agency for Railways and repealing Regulation (EC)No 881/2004 PDF (464 KB) DOC (94 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the European Union Agency for Railways and repealing Regulation (EC) No 881/2004 PDF (607 KB) DOC (773 KB)
Amendments (60)
Amendment 37 #
Proposal for a regulation
Recital 5
Recital 5
(5) The Agency should contribute to the creation and effective functioning of a Single European railway area without frontiers and guaranteeing a high level of safety while improving the competitive position of the railway sector. That should be attained by contributing, on technical matters, to the implementation of European Union legislation by enhancing the level of interoperability of railway systems and to developing a common approach to safety on the European railway system. The Agency should also perform the role of European authority responsiblea one-stop shop at European level for issuing authorisations for placing oin the market forservice railway vehicles and for types of vehicles, safety certificates for railway undertakings and authorisations for placing in service of railway infrastructure, trackside control- command and signalling, energy and infrastructure sub-systems. Moreover, it should monitor national railway rules and the performance of national authorities acting in the railway interoperability and safety fields. This requires a clear distribution of tasks and responsibilities between the Agency and the national safety authorities. The Agency should use the valuable expertise, local knowledge and experience of national safety authorities and delegate specific tasks and responsibilities to national safety authorities on the basis of contractual agreements referred to in Regulation [...] [Regulation on the European Railway Agency] but have the exclusive right to take binding decisions in the field of railway safety and authorisation described above.
Amendment 43 #
Proposal for a regulation
Recital 7
Recital 7
(7) The Agency, while performing its tasks, and particularly in relation to drafting recommendations, should take upmost account of external railway expertise. This expertise should predominantly consist of professionals from the railway sector, including representative bodies, independent notified conformity assessment bodies and the relevant national authorities. They should form competent and representative working parties of the Agency.
Amendment 47 #
Proposal for a regulation
Recital 11
Recital 11
(11) Currently Directive 2008/57/EC provides, in the case of rail vehicles, an authorisation of placing in service in each Member State, except in specific cases. The Task Force on vehicle authorisation set up by the Commission in 2011 discussed several cases where manufacturers and railway undertakings have suffered from excessive duration and cost of the authorisation process and proposed a number of improvements. As some problems are due to the complexity of the current vehicle authorisation process, it should be simplified. Each rail vehicle should only receive one authorisation and this authorisation for placing oin the marketservice for vehicles and for types of vehicles should be issued by the Agency. This would bring tangible benefits for the sector by reducing the costs and time of the procedure, and would diminish the risk of potential discrimination, especially of new companies wishing to enter a railway market. The revised Directive … [Railway Interoperability] provides a basis for this.
Amendment 55 #
Proposal for a regulation
Recital 13
Recital 13
(13) Given the importance of the European Rail Traffic Management System (ERTMS) for the smooth development of the Single European railway area and its safety, and taking into account its fragmented developthe failure of the development and deployment to date, it is necessary to strengthen its overall coordination at the Union level. The objective of achieving interoperability and harmonisation of train control and signalling system across the EU is currently seriously undermined by a multitude of diverging national versions of ERTMS. Therefore the Agency, as the most competent Union body, should be given a more prominent role in this field to ensure consistent development of the ERTMS, to contribute to ensuring that ERTMS equipment complies with the specifications in force and to ensure that ERTMS-related European research programmes are coordinated with the development of ERTMS technical specifications. Moreover, in order to make the procedures for issuing authorisations for placing in service of trackside control-command and signalling sub-systems more efficient and impartial, it is essential to migrate towards a single authorisation valid in the Union and issued by the Agency. The revised Directive … [Railway Interoperability Directive] provides a basis for this.
Amendment 61 #
Proposal for a regulation
Recital 14
Recital 14
(14) Competent national authorities have been normally charging for issuing vehicle authorisations and safety certificates. With the transfer competence to the Union level, the Agency should be entitled to charge the applicants for issuing the certificates and authorisations mentioned in the preceding recitals. For tasks and responsibilities delegated to national safety authorities, the contractual agreements referred to in Article 69 should foresee a sharing of revenues commensurate with the share in the work load of each actor. The level of those charges should be equal to or lower than the current average in the Union and should be determined in a delegated act to be adopted by the Commission.
Amendment 65 #
Proposal for a regulation
Recital 15
Recital 15
(15) It is a general objective that the transfer of functions and tasks from the Member States to the Agency should be done efficiently, without any reduction in the current high levels of safety. The Agency should have sufficient resources for its new tasks, and the timing of the allocation of these resources should be based on clearly defined needs. Taking into account the know-how of national authorities, in particular the National Safety Authorities, the Agency should be allowed to make appropriate use of that expertise when granting the relevant authorisations and certificates. To this end, using the contractual agreements referred to in Article 69. Furthermore, secondment of national experts to the Agency should be encouraged.
Amendment 67 #
Proposal for a regulation
Recital 16
Recital 16
(16) Directive … [Railway Safety] and Directive … [Railway Interoperability] provide for examination of national measures from the point of view of safety and interoperability, and compatibility with competition rules. They also limit the possibility for Member States to adopt new national rules. The current system in which a large number of national rules continue to exist leads to possible safety risks and conflicts with Union rules and creates a risk of insufficient transparency and disguised discrimination of foreign operators, especially the smaller and new ones. In order to migrate towards a system of truly, transparent and impartial railway rules at Union level, gradual reduction of national rules, including operational rules, needs to be reinforced. An opinion based on independent and neutral expertise is essential at Union level. To this end, the role of the Agency needs to be strengthened.
Amendment 69 #
Proposal for a regulation
Recital 17
Recital 17
(17) Performance, organisation and decision-making procedures in the field of railway interoperability and safety vary substantially among the national safety authorities and notified conformity assessment bodies, with a detrimental effect to smooth operation of the Single European rail area. In particular, small and medium companies wishing to enter the railway market in another Member State can be negatively affected. Therefore, a strengthened coordination with a view to greater harmonisation at the Union level is essential. To this end, the Agency should monitor the national safety authorities and notified conformity assessment bodies through audits and inspectionsthrough audits and inspections. Monitoring of the notified conformity assessment bodies should be carried out by the national accreditation bodies in accordance with Regulation 765/2008/EC Art. 5(3).
Amendment 82 #
Proposal for a regulation
Recital 30
Recital 30
(30) In order to guarantee the transparency of the Management Board's decisions, representatives of the sectors concerned should attend its meetings, but without the right to vote, that right being reserved for the representatives of public authorities who are accountable to the democratic control authorities. The representatives of the sector should be appointed by the Commission on the basis of their representativeness at Union level of railway undertakings, infrastructure managers, railway industry, workers unions, passengers andnotified bodies, designated bodies, workers unions, passengers and, in particular, passengers with reduced mobility as well as freight customers.
Amendment 83 #
Proposal for a regulation
Recital 32
Recital 32
(32) It is necessary to ensure that parties affected by decisions made by the Agency enjoy the necessary remedies in an independent and impartial manner. An appropriate appeal mechanism should be set up so that decisions of the Executive Director can be subject to appeal to a specialised Board of Appeal that acts in complete independence from the Commission, the Agency, national safety authorities and any actor in the railway sector, whose decisions are, in turn, open to action before the Court of Justice.
Amendment 87 #
Proposal for a regulation
Recital 37
Recital 37
(37) In order to properly determine the level of fees and charges which the Agency is entitled to levy, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of articles dealing with issuing and renewal of authorisations for placing in service of trackside control- command and signalling subsystems, authorisations for placing oin the marketservice for vehicles and for types of vehicles, and safety certificates. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 103 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
The Agency shall set up a limited number of working parties for drawing up recommendations, in particular related to technical specifications for interoperability (TSIs), common safety targets (CSTs) and, common safety methods (CSMs) and provisions on minimum qualifications of railway staff entrusted with safety-critical tasks.
Amendment 106 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 3
Article 4 – paragraph 2 – subparagraph 3
The Agency shall appoint to the working parties professionals from the railway sector from the list referred to in paragraph 3 and from the Coordination Body of the notified conformity assessment bodies. It shall ensure adequate representation of those sectors of the industry and of those users which could be affected by measures the Commission may propose on the basis of the recommendations addressed to it by the Agency.
Amendment 109 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Whenever the work of such working parties has a directn impact on the working conditions, health and safety of workers in the industry, representatives from the workers' organisations shall participate in the relevant working parties as full members.
Amendment 112 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Whenever the work provided for in Articles 11, 12, 15, and 32of the Agency has a direct impact on the social environment or working conditions of workers in the industry, the Agency shall consult the social partners within the framework of the sectoral dialogue committee set up pursuant to Decision 98/500/EC.
Amendment 117 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Whenever the work provided for in Articles 11 and 15 has a direct impact on rail freight customers and passengers, the Agency shall consult the organisations representing them, including in particular representatives of passengers with reduced mobility. The list of organisations to be consulted shall be drawn up by the Commission with the assistance of the committee referred to in Article 75.
Amendment 125 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Agency shall issue opinions at request of either the national regulatory bodies referred to in Article 55 of Directive 2012/34/EU [Directive establishing a Single European Rail Area (recast)] or the members of the network of representative bodies as referred to in Article 34 concerning safety-related and interoperability-related aspects of matters drawn to their attention.
Amendment 130 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Agency may carry out visits to the Member States in order to perform its tasks, in particular those referred to in Articles 12, 21, 22, 16, 17, 18, 27, 28, 29, 30, 31, 33 and 38, in accordance with the policy defined by the Management Board.
Amendment 139 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
The Agency shall issuhave the exclusive right to issue, renew, suspend, amend or revoke single safety certificates in accordance with Articles 10 and 11 of Directive … [the Safety Directive].
Amendment 143 #
Proposal for a regulation
Article 15 – paragraph 1 – point g a (new)
Article 15 – paragraph 1 – point g a (new)
(ga) issue recommendations to the Commission on European standards to be developed by the relevant European standardisation bodies.
Amendment 149 #
Proposal for a regulation
Article 15 – paragraph 1 – point g b (new)
Article 15 – paragraph 1 – point g b (new)
(gb) issue detailed request for standards to the relevant European Standardisation Bodies (ESB), in order to implement the mandate given by the commission to them, related to rail
Amendment 161 #
Proposal for a regulation
Article 16 – title
Article 16 – title
Authorisations for placing on the marketin service for for vehicles vehicles
Amendment 166 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
The Agency shall issuhave the exclusive right to issue, renew, suspend, amend or revoke authorisations for placing oin the marketservice for railway vehicles in accordance with Article 20 of Directive … [the Interoperability Directive]. It shall assign a European Vehicle Number in accordance with Article 42 of Directive [...] [Interoperability Directive].
Amendment 169 #
Proposal for a regulation
Article 17 – title
Article 17 – title
Authorisations for placing on the marketin service for for types of vehicles types of vehicles
Amendment 174 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
The Agency shall issue authorisations for placing oin the marketservice for types of vehicles in accordance with Article 22 of Directive … [the Interoperability Directive].
Amendment 182 #
Proposal for a regulation
Article 18 – title
Article 18 – title
Authorisations for placing in service of infrastructure, energy, trackside control- sub-systems command and signalling sub-systems
Amendment 187 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
The Agency shall issue authorisations for placing in service of theinfrastructure, energy subsystems, trackside control- command and signalling subsystems located or operated in the entire Union in accordance with Article 18 of Directive … [the Interoperability Directive].
Amendment 188 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
The Agency shallhas the exclusive right to issue authorisations for placing in service of the trackside control- command and signalling subsystems located or operated in the entire Union in accordance with Article 18 of Directive … [the Interoperability Directive].
Amendment 191 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Agency shall act as the system authority, being responsible for maintaining and enforcing the technical specifications for the telematics applications so as to ensure interoperability across the Union, in accordance with relevant TSIs.
Amendment 193 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The Agency shall develop and maintain the technical tools for managing the different versions of the telematics applications' specifications and enforce the compatibility, both downwards and upwards, of the these different versions.
Amendment 195 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The Agency shall facilitate cooperation of notified conformity assessment bodies, in particular act asby supporting the technical secretariat ofor their coordination group.
Amendment 204 #
Proposal for a regulation
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
4a. In the case of the urgent preventive measures referred to in Article 8 of the Safety Directive and Article 14.4 of the Interoperability Directive, the Agency shall lead the harmonisation of the rule at Union level, in relation with the national safety authorities. If necessary, the Agency shall issue a recommendation or an opinion to the Commission.
Amendment 211 #
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1a. The Agency shall examine national rules that are in use referred to in the national legal frameworks, which are listed in the reference documents database published by the Agency.
Amendment 226 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The Agency shall act as the system authority, being exclusively responsible for maintaining and enforcing the technical specifications for the ERTMS.
Amendment 233 #
Proposal for a regulation
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. The Agency shall set up a test track and laboratory for centeralised testing ERTMS track-side and on-board equipment.
Amendment 236 #
Proposal for a regulation
Article 29 – title
Article 29 – title
Monitoring of national safety authorities and national investigation bodies
Amendment 237 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The Agency shall monitor the performance and decision-making of national safety authorities and national investigation bodies through audit and inspections.
Amendment 238 #
Proposal for a regulation
Article 29 – paragraph 2 – subparagraph 1 – point a
Article 29 – paragraph 2 – subparagraph 1 – point a
(a) the capacity of national safety authorities to execute tasks related to railway safety and interoperabilityand national investigation bodies to execute their respective tasks;
Amendment 239 #
Proposal for a regulation
Article 29 – paragraph 2 – point b a (new)
Article 29 – paragraph 2 – point b a (new)
(ba) the effectiveness of the national investigation bodies' processes of investigation and accident reporting as referred to in Articles 21 and 22 in Directive [...] [Railway Safety Directive].
Amendment 240 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The Agency shall issue audit reports and send them to the national safety authoritbody concerned and to the Commission. Each audit report shall include, in particular, a list of any deficiencies identified by the Agency as well as recommendations for improvement.
Amendment 242 #
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. If the Agency considers that the deficiencies referred to in paragraph 3 prevent the national safety authoritbody concerned from effectively performing its tasks in relation to railway safety and interoperability, the Agency shall recommend to the national safety authoritbody to take appropriate steps within a time limit to be defined taking into account the importance of the deficiency.
Amendment 243 #
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. Where a national safety authoritbody disagrees with the Agency's recommendation referred to in paragraph 4, or where no action is taken by a national safety authority as a result of the Agency's recommendation within 3 months from its reception, the Commission may take a decision within six months in accordance with the advisory procedure referred to in Article 75.
Amendment 244 #
Proposal for a regulation
Article 29 – paragraph 6
Article 29 – paragraph 6
6. The Agency shall be also entitled to conduct announced or unannounced inspections in national safety authoritbodies, to verify specific areas of their activities and operation, in particular review documents, processes and records related to their tasks referred to in Article 16 of Directive … [Railway Safety Directive]. The inspections may be conducted on an ad-hoc basis or in accordance with a plan developed by the Agency. The duration of an inspection shall not exceed two days. The national authorities of the Member States shall facilitate the work of the Agency's staff. The Agency shall provide the Commission with a report on each inspection.
Amendment 249 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. The Agency shall monitor the overall safety performance of the railway system and the safety regulatory framework. The Agency may in particular seek the assistance of the networks referred to in Article 34, including collection of data. The Agency shall also draw on the data collected by Eurostat and shall cooperate with Eurostat to prevent any duplication of work and to ensure methodological consistency between the common safety indicators and the indicators used in other modes of transport.
Amendment 252 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. At the Commission's request, the Agency shall issue recommendations on how to improve the interoperability of the railway systems, in particular by facilitating coordination between railway undertakThe Agency shall develop a common occurrence reportings and infrastructure managers, or between infrastructure managersmonitoring system.
Amendment 256 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The Agency may be requested by the Commission to perform other tasks relating to railway staff in accordance with Directive 2007/59/EC and relating to railway staff entrusted with safety-critical tasks not covered by Directive 2007/59/EC.
Amendment 261 #
Proposal for a regulation
Article 32 – paragraph 3 a (new)
Article 32 – paragraph 3 a (new)
3a. The Agency shall set up a horizontal working group on occupational health and safety with regard to interoperability. This working group shall make recommendations on how to appropriately ensure the health and safety of employees in the railway sector, without compromising the objective of interoperability. This work shall in particular cover methods and devices that allow national safety authorities to check and enforce the respect of legal provisions on driving, working and rest times. The Agency shall report every two years to the Commission on the activities of the working group.
Amendment 277 #
Proposal for a regulation
Article 33 – paragraph 2 – point m a (new)
Article 33 – paragraph 2 – point m a (new)
(ma) the register of certified entities in charge of maintenance, in accordance with Article 14 of Directive [...] [Railway Safety Directive].
Amendment 286 #
Proposal for a regulation
Article 34 – paragraph 2 – introductory part
Article 34 – paragraph 2 – introductory part
2. The Agency shall establish a network of representative bodies from the railway sector, including representatives of passengers, passengers with reduced mobility and employees, acting at the Union level. The list of these bodies shall be defined in an implementing act adopted by the Commission, in accordance with advisory procedure referred to in Article 75. The Agency shall provide the network with a secretariat. The tasks of the network shall, in particular, be:
Amendment 296 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
The Agency shall contribute to identifying potential railway spare parts to be standardised. To this end, the Agency mayshall establish a working party in order to coordinate the stakeholders' activities and may establish contacts with the European standardisation bodies. The Agency shall present the Commission with appropriate recommendations no later than two years after the entry into force of the Regulation.
Amendment 298 #
Proposal for a regulation
Article 42 – paragraph 1 – point d
Article 42 – paragraph 1 – point d
Amendment 299 #
Proposal for a regulation
Article 42 – paragraph 1 a (new)
Article 42 – paragraph 1 a (new)
A Board of Appeal shall be set up in complete independence from the Agency in order to exercise the responsibilities set out in Articles 54 to 56.
Amendment 313 #
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. The AgencyOne or more Boards of Appeal shall be establish one or more Boards of Appealed in complete independence from the Agency, the Commission, national safety authorities and any actor of the railway sector.
Amendment 315 #
Proposal for a regulation
Article 51 – paragraph 5
Article 51 – paragraph 5
Amendment 333 #
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. An appeal lodged pursuant to paragraph 1 shall not have a suspensory effect. The Agency may, however, suspend the application of the decision appealed against, if it considers that circumstances so permitrequire.
Amendment 352 #
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
2. The Board of Appeal shall take a decision no later than 3 months after the receipt of the appeal and may exercise appropriate power which lies within the competence of the Agency or may remit the case to the competent body of the Agency. The latter shall be bound by the decision of the Board of Appeal.
Amendment 375 #
Proposal for a regulation
Article 69 – paragraph 1
Article 69 – paragraph 1
1. The Agency mayshall enter into agreements with relevant national authorities, in particular the National Safety Authorities, and other competent bodies, in relation to the implementation of Articles 12, 16, 17 and 18.
Amendment 378 #
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
2. The agreements may include contracting of some of the taskdelegating tasks and responsibilities of the Agency to the national authorities, such as checking and preparing files, verifying technical compatibility, performing visits and drafting technical studies.
Amendment 381 #
Proposal for a regulation
Article 69 – paragraph 4
Article 69 – paragraph 4
4. The agreements described in paragraphs 1, 2 and 3 are without prejudice to the overall responsibility of the Agency for performing its tasks as provided for in Articles 12, 16, 17 and 18shall foresee a sharing of revenues commensurate with the share in the work load of each actor. The level of charges should be equal to or lower than the current average in the Union and should be determined in a delegated act to be adopted by the Commission.
Amendment 393 #
Proposal for a regulation
Article 73 – paragraph 3 – point a
Article 73 – paragraph 3 – point a
(a) the issuing and renewal of authorisations for placing in service of trackside control-command and signalling subsystems, authorisations for placing oin the marketservice for vehicles and for types of vehicles, including possible indication of compatibility with the networks or lines;