Activities of Michael CRAMER related to 2013/0015(COD)
Shadow reports (2)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council on the interoperability of the rail system within the European Union (recast) PDF (460 KB) DOC (89 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council on the interoperability of the rail system within the European Union (recast) PDF (639 KB) DOC (833 KB)
Amendments (56)
Amendment 74 #
Proposal for a directive
Recital 3
Recital 3
(3) The pursuit of interoperability within the Union's rail system should lead to the definition of an optimal level of technical harmonisation and make it possible to facilitate, improve and develop international rail transport services within the Union and with third countries and contribute to the progressive creation of the internal market in equipment and services for the construction, renewal, upgrading and operation of the rail system within the Union.
Amendment 75 #
Proposal for a directive
Recital 4
Recital 4
(4) The commercial operation of trains throughout the rail network requires in particular excellent compatibility between the characteristics of the infrastructure and those of the vehicles, as well as efficient interconnection of the information and, communication and ticketing systems of the different infrastructure managers and railway undertakings. Performance levels, safety, quality of service and cost depend upon such compatibility and interconnection, as does, in particular, the interoperability of the rail system.
Amendment 76 #
Proposal for a directive
Recital 5
Recital 5
(5) The railway regulatory framework should set clear responsibilities for ensuring compliance with the safety, health, social and consumer protection rules applying to the railway networks .
Amendment 77 #
Proposal for a directive
Recital 6
Recital 6
(6) There are major differences between national regulations, internal rules and technical specifications applicable to rail systems, subsystems and components , since they incorporate techniques that are specific to the national industries and prescribe specific dimensions and devices and special characteristics. This situation prevents trains from being able to run without hindrance throughout the Union and from reaping the benefits of standardisation and economies of scale in the Single Market.
Amendment 83 #
Proposal for a directive
Recital 24
Recital 24
(24) The United Nations Convention on the Rights of Persons with Disabilities to which the Union is a party establishes accessibility as one of its general principles and requires States Parties to take appropriate measures to ensure to persons with disabilities access on an equal basis with others, including by developing, promulgating and monitoring the implementation of minimum standards and guidelines for accessibility. Accessibility is therefore an important requirement for the interoperability of the rail system, in line with Union legislation on passengers with reduced mobility.
Amendment 89 #
Proposal for a directive
Recital 39
Recital 39
(39) In order to facilitate the placing in service of vehicles and reduce administrative burdens, the notion of aa European vehicle authorisation for placing on the market valid throughout the Union should be introduced as a precondition to enable railway undertakings to placeut in uservice a vehicle. In addition, tThis notion is more in line with Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC11.
Amendment 90 #
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
Amendment 91 #
Proposal for a directive
Recital 40
Recital 40
(40) To ensure traceability of the vehicles and their history, the references of the vehicle authorisations for placing on the market should be recorded together with the other vehicle data.
Amendment 92 #
Proposal for a directive
Recital 41
Recital 41
(41) The TSIs should specify the procedures for checking the compatibility between vehicles and network after the delivery of the vehicle authorisation for placing on the market and before the decision to place into servicebefore the start of a new operation.
Amendment 96 #
Proposal for a directive
Article 1 – paragraph 3 – point a
Article 1 – paragraph 3 – point a
(a) metros, trams, tram-trains and light rail systems;
Amendment 98 #
Proposal for a directive
Article 1 – paragraph 3 – point b
Article 1 – paragraph 3 – point b
(b) networks that are functionally separate from the rest of the rail system and intended only for the operation of local, urban or suburban passenger services, as well as railway undertakings operating solely on these networks.
Amendment 102 #
Proposal for a directive
Article 1 – paragraph 3 – point b a (new)
Article 1 – paragraph 3 – point b a (new)
(ba) light rail infrastructure occasionally used by heavy rail vehicles under the operational conditions of the light-rail systems, where such use by such vehicles is necessary for connectivity purposes only.
Amendment 114 #
Proposal for a directive
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘upgrading’ means any major modification work on a subsystem or part of it which results in a 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" for the relevant subsystems or vehicle;
Amendment 120 #
Proposal for a directive
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘'renewal’' means any major substitution work on a subsystem or a vehicle or part of it which does not change the overall performance of the subsystem or vehicle. Each TSI shall specify "major" for the relevant subsystems and vehicle;
Amendment 127 #
Proposal for a directive
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘keeper’ means the person or entity that, being the owner of a vehicle or having has the right to use it, exploits the vehicle as a means of transport and is registered as such in the national vehicle register referred to in Article 43;
Amendment 128 #
Proposal for a directive
Article 2 – paragraph 1 – point 18 a (new)
Article 2 – paragraph 1 – point 18 a (new)
(18a) 'owner' means the person or entity that is the owner of a vehicle and is registered as such in the European Vehicle Register referred to in Article 43;
Amendment 133 #
Proposal for a directive
Article 2 – paragraph 1 – point 26
Article 2 – paragraph 1 – point 26
(26) ‘national rules’ means all notified binding rules containing railway safety or technical requirements imposed at Member State level and applicable to railway undertakings, irrespective of the body issuing them;
Amendment 137 #
Proposal for a directive
Article 2 – paragraph 1 – point 29
Article 2 – paragraph 1 – point 29
Amendment 147 #
Proposal for a directive
Article 2 – paragraph 1 – point 39 a (new)
Article 2 – paragraph 1 – point 39 a (new)
(39a) 'area of use' means parameters or ranges of parameters in which an interoperability constituent is intended to be used specified in the technical and maintenance files;
Amendment 151 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. SFixed subsystems shall comply with the TSIs in force at the time of their placing in service, upgrading or renewal, in accordance with this Directive; tfirst appointment of a Notified Body and at the latest at the time of granting of building permits; vehicles shall be in compliance with the TSIs and national rules in force at the time of first appointment of a Notified Body. This compliance shall be permanently maintained while each subsystem is in use.
Amendment 162 #
Proposal for a directive
Article 4 – paragraph 4 – point i
Article 4 – paragraph 4 – point i
(i) indicate the parameters to be checked by the railway undertaking and the procedures to be applied to check those parameters after the delivery of the vehicle authorisation for placing on the market and before the decision for placing in servicbefore the use to ensure the compatibility between vehicles and routes on which they are intended to be operated;
Amendment 175 #
Proposal for a directive
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. A member of the network of representative bodies may act as applicant to request opinions about deficiencies in a TSI via the Commission. The Commission shall inform the applicant of its decision and justify refusals.
Amendment 195 #
Proposal for a directive
Article 14 – title
Article 14 – title
National technical rules
Amendment 203 #
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. If a Member State intends to introduce a new national rule at least three month before the scheduled entry into force, it shall notify the draft to the Agency and the Commission through the appropriate IT system in accordance with Article 23 of Regulation (EU) No …/… [Agency Regulation].
Amendment 215 #
Proposal for a directive
Chapter 5 – title
Chapter 5 – title
Amendment 219 #
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 1
Article 18 – paragraph 2 – subparagraph 1
Amendment 225 #
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 2
Article 18 – paragraph 2 – subparagraph 2
Amendment 232 #
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 3
Article 18 – paragraph 2 – subparagraph 3
The Agency and the national safety authorities shall provide detailed guidance on how to obtain the authorisations referred to in the first and second subparagraph. An application guidance document describing and explaining the requirements for those authorisations and listing the required documents shall be made available to applicants free of charge and in all official languages of the Union. The Agency and the national safety authorities shall cooperate in disseminating such information.
Amendment 242 #
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. In the event of renewal or upgrading of existing subsystems, the applicant shall send to the national safety authority (for energy and infrastructure subsystems) or the Agency (for trackside control- command and signalling subsystems), a file describing the project. The national safety authority or tAgency a file describing the project. The Agency shall examine this file and shall decide, on the basis of the criteria set out in paragraph 5, whether a new authorisation for placing in service is needed. The national safety authority and the Agency shall take their decisions within a pre-determined, reasonable time, and, in any case, within four months from receipt of all relevant informationthe file describing the project.
Amendment 249 #
Proposal for a directive
Article 19
Article 19
Amendment 255 #
Proposal for a directive
Article 20 – title
Article 20 – title
Vehicle authorisation for placing on the market
Amendment 259 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. A vehicle shall be placed oin the marketservice only after having received the vehicle authorisation for placing oin the marketservice issued by the Agency in accordance with paragraph 5.
Amendment 268 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The Agency shall issue decisions granting vehicle authorisations for placing on the market. 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. The vehicle authorisation for placing on the market shall also provide information about the vehicle's compliance with the relevant TSIs and sets of national rules, for the selected networks or lines or group of networks or lines according to paragraph 9. The vehicle authorisation for placing in service shall also provide information about the vehicle's compliance with the relevant TSIs and sets of national rules for the selected networks or lines or group of networks or lines according to paragraph 9 related to these parameters.
Amendment 273 #
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The vehicle authorisation for placing oin the market mayservice shall stipulate conditions for the use of the vehicle and other restrictions.
Amendment 276 #
Proposal for a directive
Article 20 – paragraph 4 – introductory part
Article 20 – paragraph 4 – introductory part
4. The vehicle authorisation for placing oin the marketservice 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: (a) the declaration of EC verification of the vehicle and the technical file accompanying it ; (b) the certificate of verification in the case of national rules according to annex VI 3; (c) documentary evidence of the safe integration within the vehicle if not covered by a) and b); (d) documentary evidence of the technical compatibility and safe integration of the vehicle within the selected networks or lines or group of networks or lines according to paragraph 9, established on the basis of the relevant TSIs, national rules, registers, if necessary, in 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].
Amendment 285 #
Proposal for a directive
Article 20 – paragraph 4 – point i
Article 20 – paragraph 4 – point i
Amendment 289 #
Proposal for a directive
Article 20 – paragraph 4 – point j
Article 20 – paragraph 4 – point j
Amendment 294 #
Proposal for a directive
Article 20 – paragraph 4 – point k
Article 20 – paragraph 4 – point k
Amendment 298 #
Proposal for a directive
Article 20 – paragraph 5 – subparagraph 1
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 authorisations shall be valid in all Member States. the application. Within 1 month from receipt of the application, the Agency shall indicate to the applicant whether the file is complete or not and, if necessary, request additional information. 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 above paragraph. The infrastructure manager, in consultation with the applicant, shall make every effort to ensure that any tests can take place within one month of the applicant's request. Where appropriate, the Agency shall take measures to ensure that the tests take place. Any negative or restrictive decision made by the Agency shall be duly justified. Authorisations shall be recognised in all Member States. The Agency shall provide detailed guidance on how to obtain the vehicle authorisation for placing in service. An application guidance document describing and explaining the requirements for the vehicle authorisation for placing in service and listing the required documents shall be made available to applicants free of charge and in all official languages of the Union. The national safety authorities shall cooperate with the Agency for disseminating such information.
Amendment 314 #
Proposal for a directive
Article 20 – paragraph 6
Article 20 – paragraph 6
6. The Agency may issue vehicle authorisation for placing oin the marketservice for a series of vehicles. Any negative or restrictive decision made by the Agency shall be duly justified. Those authorisations shall be valirecognised in all Member States.
Amendment 319 #
Proposal for a directive
Article 20 – paragraph 7
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 5this article.8.
Amendment 323 #
Proposal for a directive
Article 20 – paragraph 8 – introductory part
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 marketservice when either:
Amendment 325 #
Proposal for a directive
Article 20 – paragraph 8 – point (a)
Article 20 – paragraph 8 – point (a)
(a) a new ‘EC’ declaration of verification shall be needed as set out in Article 15(4), andthe overall safety level of the vehicle concerned may be substantially adversely affected by the works envisaged; or
Amendment 327 #
Proposal for a directive
Article 20 – paragraph 8 – point b
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 grantedit is required by the relevant TSIs. During an upgrade or a renewal only the modification shall be in scope of this article.
Amendment 331 #
Proposal for a directive
Article 20 – paragraph 9 – subparagraph 1
Article 20 – paragraph 9 – subparagraph 1
Amendment 344 #
Proposal for a directive
Article 20 – paragraph 9 a (new)
Article 20 – paragraph 9 a (new)
9a. The Agency can amend or revoke an authorisation to put 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.
Amendment 346 #
Proposal for a directive
Article 20 – paragraph 9 b (new)
Article 20 – paragraph 9 b (new)
9b. If an NSA finds that an authorised vehicle does not comply with essential requirements, it shall immediately inform the Agency and other relevant NSAs. 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.
Amendment 348 #
Proposal for a directive
Article 20 – paragraph 9 c (new)
Article 20 – paragraph 9 c (new)
9c. If an NSA finds that an authorised vehicle does not comply with essential requirements, it shall immediately inform the Agency and other relevant NSAs. 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.
Amendment 355 #
Proposal for a directive
Article 21 – title
Article 21 – title
Amendment 358 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1
Article 21 – paragraph 1 – subparagraph 1
Amendment 365 #
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
Amendment 369 #
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 401 #
Proposal for a directive
Article 44 – paragraph 1 – introductory part
Article 44 – paragraph 1 – introductory part
1. The Agency shall set up and keep a register of authorisations to place vehicle types oin the marketservice issued in accordance with Article 22 . This register shall meet the following criteria:
Amendment 404 #
Proposal for a directive
Article 44 – paragraph 2 a (new)
Article 44 – paragraph 2 a (new)
2a. That register shall include at least the following details for each type of vehicle: (a) the technical characteristics of the type of vehicle, as defined in the relevant TSI; (b) the manufacturer's name; (c) the dates and references of the successive authorisations for that type of vehicle, including any restrictions or withdrawals, and the Member States granting the authorisations. (d) the name and contact details of the owner and the keeper of the vehicle; When the Agency issues, renews, amends, suspends or revokes an authorisation to place vehicle types in service, it shall update the register without delay.
Amendment 408 #
Proposal for a directive
Article 45 – paragraph 3
Article 45 – paragraph 3
3. The register of infrastructure may stipulate conditions for the use of fixed installations and other restrictions, including temporary restrictions that are applied for longer than 6 months.
Amendment 438 #
Proposal for a directive
Annex 3 – point 2 – point 2.4 – point 2.4.3 – paragraph 3
Annex 3 – point 2 – point 2.4 – point 2.4.3 – paragraph 3
The characteristics of the rolling stock must be such as to allow it to travel on any line on which it is expected to operate, taking account of relevant climatic conditions. This requirement includes the safe integration of the vehicle's subsystem with the infrastructure.