24 Amendments of Inés AYALA SENDER related to 2010/0253(COD)
Amendment 193 #
Proposal for a directive
Recital 19
Recital 19
(19) The regulatory body should function in a way which avoids any conflict of interests and any possible involvement in the award of the public service contract under consideration, without prejudice to the option of this body being funded from the national budget or from levies on the rail sector, or to the publication of the relevant information. The competence of the regulatory body should be extended to allow the assessment of the purpose of an international service and, where appropriate, the potential economic impact on existing public service contracts.
Amendment 193 #
Proposal for a directive
Recital 19
Recital 19
(19) The regulatory body should function in a way which avoids any conflict of interests and any possible involvement in the award of the public service contract under consideration, without prejudice to the option of this body being funded from the national budget or from levies on the rail sector, or to the publication of the relevant information. The competence of the regulatory body should be extended to allow the assessment of the purpose of an international service and, where appropriate, the potential economic impact on existing public service contracts.
Amendment 234 #
Proposal for a directive
Recital 40 a (new)
Recital 40 a (new)
(40 a) Applicants offering single-wagon- load services need to be promoted in order to enlarge the potential market for new rail clients. It is therefore important that these applicants are being taken into account by the infrastructure manager when giving capacity to allow them to fully benefit from this legal framework and enlarge the rail market share for new sectors.
Amendment 234 #
Proposal for a directive
Recital 40 a (new)
Recital 40 a (new)
(40 a) Applicants offering single-wagon- load services need to be promoted in order to enlarge the potential market for new rail clients. It is therefore important that these applicants are being taken into account by the infrastructure manager when giving capacity to allow them to fully benefit from this legal framework and enlarge the rail market share for new sectors.
Amendment 273 #
Proposal for a directive
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘infrastructure manager’ means any body or firm responsible in particular for establishing, managing and maintaining railway infrastructure, including traffic management and control-command and signalling; the functions of the infrastructure manager on a network or part of a network may be allocated to different bodies or firms. These are: decision- making as regards the allocation of stretches of track, including the definition and evaluation of availability and the allocation of specific track stretches; decision-making on charges for infrastructure use, including their determination and collection, without prejudice to the provisions of Article 29(1); and investment in infrastructures;
Amendment 273 #
Proposal for a directive
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘infrastructure manager’ means any body or firm responsible in particular for establishing, managing and maintaining railway infrastructure, including traffic management and control-command and signalling; the functions of the infrastructure manager on a network or part of a network may be allocated to different bodies or firms. These are: decision- making as regards the allocation of stretches of track, including the definition and evaluation of availability and the allocation of specific track stretches; decision-making on charges for infrastructure use, including their determination and collection, without prejudice to the provisions of Article 29(1); and investment in infrastructures;
Amendment 304 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that separate profit and loss accounts and balance sheets are kept and published, on the one hand, for business relating to the provision of transport services by railway undertakings and, on the other, for business relating to the management of railway infrastructure. Public funds and track access charges paid to one of these two areas of activity shall not be transferred to the other.
Amendment 304 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that separate profit and loss accounts and balance sheets are kept and published, on the one hand, for business relating to the provision of transport services by railway undertakings and, on the other, for business relating to the management of railway infrastructure. Public funds and track access charges paid to one of these two areas of activity shall not be transferred to the other.
Amendment 310 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The accounts for the different areas of activity referred to in paragraphs 1 and 3 shall be kept in a way that allows monitoring of the prohibition on transferring public funds and track access charges paid to one area of activity to another. To this end the infrastructure manager shall publish data relating to its revenues, identifying revenues from public funds and revenues from track access charges, as well as identifying investments made in maintenance, renewal of rail infrastructures and facilities.
Amendment 310 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The accounts for the different areas of activity referred to in paragraphs 1 and 3 shall be kept in a way that allows monitoring of the prohibition on transferring public funds and track access charges paid to one area of activity to another. To this end the infrastructure manager shall publish data relating to its revenues, identifying revenues from public funds and revenues from track access charges, as well as identifying investments made in maintenance, renewal of rail infrastructures and facilities.
Amendment 331 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Where the infrastructure manager, in its institutional and legal form, and its organisation orand decision- making functions, is not independent of any railway undertaking, the functions described in Sections 32 and 43 of Chapter IV shall be performed respectively by a charging body and by an allocation body that are independent in their legal form,institutional and legal form and their organisation and decision- making from any railway undertaking.
Amendment 331 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Where the infrastructure manager, in its institutional and legal form, and its organisation orand decision- making functions, is not independent of any railway undertaking, the functions described in Sections 32 and 43 of Chapter IV shall be performed respectively by a charging body and by an allocation body that are independent in their legal form,institutional and legal form and their organisation and decision- making from any railway undertaking.
Amendment 441 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 5
Article 13 – paragraph 2 – subparagraph 5
Where the service facility has not been in use for at least two consecutive years its owner shall publicise the operation of the facility as being for sale, lease or rent, unless the owner can demonstrate that the facility is undergoing a process of reconversion that precludes its use by a railway undertaking.
Amendment 441 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 5
Article 13 – paragraph 2 – subparagraph 5
Where the service facility has not been in use for at least two consecutive years its owner shall publicise the operation of the facility as being for sale, lease or rent, unless the owner can demonstrate that the facility is undergoing a process of reconversion that precludes its use by a railway undertaking.
Amendment 495 #
Proposal for a directive
Article 29 – paragraph 1 – subparagraph 4
Article 29 – paragraph 1 – subparagraph 4
The infrastructure manager shall determine and collect the charge for the use of infrastructure unless the national parliament is competent to set them accordingly to their constitutional law.
Amendment 495 #
Proposal for a directive
Article 29 – paragraph 1 – subparagraph 4
Article 29 – paragraph 1 – subparagraph 4
The infrastructure manager shall determine and collect the charge for the use of infrastructure unless the national parliament is competent to set them accordingly to their constitutional law.
Amendment 559 #
Proposal for a directive
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The Commission and representatives of the regulatory bodies, which co-operate according to Article 57, shall be informed of and invited to attend as observers all meetings at which common principles and practices for the allocation of infrastructure are developed. In the case of IT-based allocation systems, the regulatory bodies shall receive sufficient information from these systems to allow them to perform their regulatory supervision in accordance with the provisions of Article 56.
Amendment 559 #
Proposal for a directive
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The Commission and representatives of the regulatory bodies, which co-operate according to Article 57, shall be informed of and invited to attend as observers all meetings at which common principles and practices for the allocation of infrastructure are developed. In the case of IT-based allocation systems, the regulatory bodies shall receive sufficient information from these systems to allow them to perform their regulatory supervision in accordance with the provisions of Article 56.
Amendment 620 #
Proposal for a directive
Article 56 – paragraph 8 a (new)
Article 56 – paragraph 8 a (new)
Amendment 620 #
Proposal for a directive
Article 56 – paragraph 8 a (new)
Article 56 – paragraph 8 a (new)
8 a. The regulatory body shall consult, at least twice a year, the representatives of the users of the rail services (freight and passenger) to take into account their views on the rail market, including the service performance, the infrastructure charges, the amount and the transparency of the rail service prices.
Amendment 647 #
Proposal for a directive
Article 68 – paragraph 2
Article 68 – paragraph 2
Articles [...] and Annexes [...] shall apply from […] 55(1) shall apply as of three years from the date of transposition of this directive.
Amendment 647 #
Proposal for a directive
Article 68 – paragraph 2
Article 68 – paragraph 2
Articles [...] and Annexes [...] shall apply from […] 55(1) shall apply as of three years from the date of transposition of this directive.
Amendment 696 #
Proposal for a directive
Annex 6 – point 2
Annex 6 – point 2
2. A section on charging principles and tariffs. This shall contain appropriate details of the charging scheme as well as sufficient information on charges as well as o. The infrastructure charges shall be indicated per kilometre per market segment. Other relevant information on access applying to the services listed in Annex III which are provided by only one supplier shall also be provided. It shall detail the methodology, rules and, where applicable, scales used for the application of Articles 31 to 36, as regards both costs and charges. It shall contain information on changes in charges already decided upon or foreseen in the next five years.
Amendment 696 #
Proposal for a directive
Annex 6 – point 2
Annex 6 – point 2
2. A section on charging principles and tariffs. This shall contain appropriate details of the charging scheme as well as sufficient information on charges as well as o. The infrastructure charges shall be indicated per kilometre per market segment. Other relevant information on access applying to the services listed in Annex III which are provided by only one supplier shall also be provided. It shall detail the methodology, rules and, where applicable, scales used for the application of Articles 31 to 36, as regards both costs and charges. It shall contain information on changes in charges already decided upon or foreseen in the next five years.