Activities of Inés AYALA SENDER related to 2013/0016(COD)
Plenary speeches (2)
EU Agency for Railways - Interoperability of the rail system within the European Union - Railway safety (debate) ES
Railway safety (A8-0056/2016 - Michael Cramer) ES
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 railway safety (recast) PDF (456 KB) DOC (85 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council on railway safety (recast) PDF (475 KB) DOC (604 KB)
Amendments (27)
Amendment 1 #
Draft legislative resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 2 #
Draft legislative resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
Amendment 91 #
Proposal for a directive
Recital 4
Recital 4
(4) Safety levels in the Union’s rail system are generally high, in particular compared to road transport. In line with technical and scientific progress, safety should be further improved, when reasonably practicable and taking into account the expected improvement in the competitiveness of rail transportincreased complexity of the sector owing to the emergence of new actors in the rail system, new operational issues, etc.
Amendment 119 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) The rail safety system is based on feedback and lessons learned from accidents and incidents which require the strict application of rules on confidentiality in order to ensure the future availability of valuable sources of information. In this context sensitive safety information should be protected in an appropriate way.
Amendment 120 #
Proposal for a directive
Recital 20 b (new)
Recital 20 b (new)
(20b) An accident raises a number of different public interests such as the prevention of future accidents and the proper administration of justice. Those interests go beyond the individual interests of the parties involved and beyond the specific event. The right balance among all interests is necessary to guarantee the overall public interest.
Amendment 121 #
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) The rail sector should equally promote a non-punitive environment facilitating the spontaneous reporting of occurrences and thereby advancing the principle of "just culture".
Amendment 122 #
Proposal for a directive
Recital 21 b (new)
Recital 21 b (new)
(21b) It is important for the prevention of accidents and incidents to communicate in the shortest time possible relevant information, including in particular reports and safety recommendations resulting from safety investigations.
Amendment 123 #
Proposal for a directive
Recital 21 c (new)
Recital 21 c (new)
(21c) In the rail sector, it is difficult to identify victims and contact persons and/or family members following an accident, since in general the operator does not know the victims' identities. Nevertheless, in some of the Union's rail services where advance reservation is compulsory or security checks are carried out on passengers before boarding the train, it would be appropriate if the operator could have a list of the passengers and crew on board for the sole purpose of being able to communicate quickly with family members and/or contact persons. A mandate should therefore be given for the Agency to develop systems to integrate this information in passenger reservation systems. National agencies also need to draw up emergency plans providing for emergency services, access plans and assistance at the site of the accident, and also including a plan for the provision of care for victims. The Agency will be able to cooperate and assist in the drawing-up of such plans, taking account of best practice. The operator should also have a plan on assistance for victims.
Amendment 126 #
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Directive lays down provisions to ensure the development and improvement of safety of the Union’s railways and improved access to the market for rail transport services by:
Amendment 129 #
Proposal for a directive
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) developing common safety targets and common safety methods with a view to gradually removing the need for national rules, harmonising them at a high level of safety;
Amendment 132 #
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 139 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘rail system’ means the Uniontrans-European conventional and high-speed rail systems as defined in Article 2 of the Directive [xx on interoperability of the rail system];
Amendment 179 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States and the Agency shall ensure that railway safety is generally maintained and, where reasonably practicable, continuously improved, taking into consideration the development of Union legislation and technical and scientific progress and the role of the human factor for the safety of the rail system, giving priority to the prevention of serious accidents.
Amendment 185 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Member States and the Agency shall ensure that measures to develop and improve railway safety take into account the need for a system-based approach.
Amendment 212 #
Proposal for a directive
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Any actor of the rail system who identifies a safety risk related to defects and construction non-conformities or malfunctions of technical equipment, including those of structural sub-systems, shall report those risks to the other parties involved to enable them to take any necessary corrective actions to ensure continuous achievement of the safety performance of the rail system. With a view to increasing cooperation between actors in the system, safety management systems shall include measures to facilitate the spontaneous reporting of occurrences by railway staff.
Amendment 233 #
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1 – introductory part
Article 8 – paragraph 1 – subparagraph 1 – introductory part
Member States may lay down new national rules only in the following cases:
Amendment 238 #
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 2 a (new)
Article 8 – paragraph 1 – subparagraph 2 a (new)
Member States may decide to achieve a higher safety level than defined in the CST on the condition that this higher safety level is fully compatible with the existing CST.
Amendment 245 #
Proposal for a directive
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
5a. Paragraph 3 shall not apply to rules on occupational health and safety, working conditions, professional competence and training for rail professions with safety critical tasks unless its provisions ensure a higher safety level.
Amendment 247 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 a (new)
Article 9 – paragraph 2 – subparagraph 1 a (new)
At all events, the safety management system shall ensure that all routes on the Union's rail network have a redundancy system that will prevent exclusive dependency on a single system.
Amendment 252 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The safety management system of any infrastructure manager shall take into account the effects of operations by different railway undertakings on the network and make provisions to allow all railway undertakings to operate in accordance with TSIs and national rules and with the conditions laid down in their safety certificate. The safety management systems shall be developed with the aim of coordinating the emergency procedures of the infrastructure manager with all railway undertakings that operate on its infrastructure, with the emergency services, so as to guarantee the rapid intervention of rescue services, and with any other party that could be involved in an emergency situation.
Amendment 253 #
Proposal for a directive
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. Infrastructure managers shall also establish a system for coordination with managers in neighbouring countries with which the network is linked. This system shall include information mechanisms in the event of incidents or accidents on the network, delays that could disrupt cross- border traffic and cooperation procedures to restore traffic between the two infrastructures whilst guaranteeing network safety at all times. Infrastructure managers in both countries shall notify operators, stakeholders and the corresponding national authorities of any relevant information that could affect traffic between the two States.
Amendment 296 #
Proposal for a directive
Article 10 – paragraph 4 – subparagraph 1 – point e a (new)
Article 10 – paragraph 4 – subparagraph 1 – point e a (new)
(ea) has drawn up an action plan following the emergency plan established by the infrastructure manager for situations involving a serious accident, including measures to rescue and care for victims.
Amendment 343 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 2 – subparagraph 1
authorisation confirming acceptance of the infrastructure manager’s safety management system laid down in Article 9 , which shall include the procedures and provisions for meeting the requirements necessary for the safe design, maintenance and operation of the railway infrastructure, including, where appropriate, the maintenance and operation of the traffic control and signalling system, as well as procedures for action in the event of a serious accident in order to guarantee emergency assistance and restore infrastructure safety.
Amendment 359 #
Proposal for a directive
Article 14 – paragraph 5 a (new)
Article 14 – paragraph 5 a (new)
5a. The Agency shall harmonise rules on minimum maintenance intervals and quality requirements in order to ensure the safety of the entire rail system. In doing so, it shall take account of the various parameters (use, age, material, mileage, weather conditions, type of track, etc.) that affect wear and tear.
Amendment 372 #
Proposal for a directive
Article 16 – paragraph 2 – point a a (new)
Article 16 – paragraph 2 – point a a (new)
(aa) When the Agency grants authorisations for the placing in service of the trackside control-command and signalling subsystems located or operated throughout the Union, it shall do so in close cooperation with the national authorities. National agencies shall be responsible for processing applications and verifying the operational compatibility of subsystems, including relevant evidence in relation to rolling stock. They shall cooperate with the Agency in order to ensure the correct development of subsystems across the EU. Before taking a decision, the Agency shall verify the application and ask the national agency to make the appropriate changes.
Amendment 385 #
Proposal for a directive
Article 16 – paragraph 2 – point h a (new)
Article 16 – paragraph 2 – point h a (new)
(ha) drawing up a general emergency plan for the rail network which shall be mandatory for all rail system actors and which shall detail the measures to be taken in the event of a serious accident and emergency, and forwarding it to the Agency. That plan shall include: (a) mechanisms and procedures guaranteeing effective communication between the actors involved, chiefly between infrastructure managers, rail operators and emergency services; (b) mechanisms for coordination with national agencies of neighbouring countries; (c) channels for communicating with victims' families following a serious accident, in order to respond with staff who have been trained for the various tasks; (d) a system for providing care for victims following an accident, which will guide them in the complaints procedures under Union legislation, and in particular the regulation on rail passengers’ rights and obligations1, without prejudice to the obligations of rail operators. Such care shall include psychological support for accident victims and their families. The Commission shall, as a matter of urgency, draw up measures aimed at harmonising the content and format of emergency plans by means of implementing acts as provided for in Article 48. The Agency shall assist and supervise the agencies in drawing up these plans, paying particular attention to rail accidents affecting two or more national networks. The National Agency shall supervise and approve the emergency plans of railway undertakings and infrastructure managers operating in that State's territory. __________________ 1 1371/2007 of the European Parliament and of the Council of 23 October 2007
Amendment 397 #
Proposal for a directive
Article 18 – paragraph 1 – point f a (new)
Article 18 – paragraph 1 – point f a (new)
(fa) inspection an checks on working , driving and rest time of railway. One year after entering into force of this directive, the Commission shall propose legislation on minimum control and enforcement of driving and rest time of locomotive drivers;