Activities of Oldřich VLASÁK related to 2013/0029(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area, as regards the opening of the market for domestic passenger transport services by rail and the governance of the railway infrastructure PDF (653 KB) DOC (799 KB)
Amendments (14)
Amendment 30 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/UE
Article 7 b (new) – paragraph 7
Article 7 b (new) – paragraph 7
The members of the supervisory or management boards and senior staff of the infrastructure manager, as well as employees thereof with access to confidential information, shall hold no interest in or receive any financial benefit, directly or indirectly, from any other legal entities within the vertically integrated undertaking. Performance-based elements of their remuneration shall not depend on the business results of any other legal entities within the vertically integrated undertaking or any legal entities under its control, but exclusively on those of the infrastructure manager.
Amendment 33 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/UE
Article 7 d (new) – paragraph 3
Article 7 d (new) – paragraph 3
The Coordination Committee shall draw up rules of procedure that include, in particular, rules on participation in and frequency of meetings which shall be at least quarterly, as well as rules on regular consultations – to take place at least once a year – with the representatives of freight and passenger transport service users. A report of the Coordination Committee’s discussions shall be submitted annually to the infrastructure manager, the Member State, the regulatory body concerned and the Commission with an indication of the respective positions taken by the Committee members.
Amendment 46 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The completion of the opening of the Union railway market shall be seen as essential so that the railway could become a credible alternative to other modes of transport in terms of price and quality.
Amendment 69 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to ensure equal access to the infrastructure, any conflicts of interest resulting from integrated structures encompassing infrastructure management and transport activities should be removed. Removing incentives to discriminate against competitors is the only way to guarantee equal access to the railway infrastructure. It is a requirement for the successful opening of the market for domestic passenger transport services by rail. This should also remove the potential for cross-subsidisation, which exists in such integrated structures, and which also leads to market distortions, as well as staff remuneration and other benefits which might cause preferential treatment with regard to one of the competitors.
Amendment 110 #
Proposal for a directive
Recital 13
Recital 13
(13) Despite the implementation of the safeguards guaranteeing independence vertically integrated undertakings could abuse of their structure to provide undue competitive advantages for railway operators belonging to such undertakings, For this reason, without prejudice to Art 258 of the Treaty on the Functioning of the European Union, the Commission should verify, upon request of a Member State or on its own initiative, that these safeguards are effectively implemented and that any remaining distortions of competition are removed. In case the Commission is not in a position to confirm that this has been achieved, all Member States should have the possibility to limit or revoke access rights of the integrated operators concerned. Moreover, all Member States should have the possibility to limit or revoke access rights of the integrated operators concerned, in case the Member States are not allowed by EU institutions to choose freely between the independence of the infrastructure manager from railway transport undertakings and the vertically integrated undertaking.
Amendment 116 #
Proposal for a directive
Recital 15
Recital 15
(15) Regulatory bodies should assesOn its own initiative or following a request made by interested parties, regulatory bodies should assess on the basis of an objective economic analysis the potential economic impact of domestic passenger services provided under open access conditions on existing public service contracts following a request made by interested parties and on the basis of an objective economic analysis.
Amendment 227 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2012/34/EU
Article 7 – paragraph 3
Article 7 – paragraph 3
3. For the implementation of this Article, where the person referred to in paragraph 2 is a Member State or another public body, a responsible public body or its section, two public authorities which are separate and legally distinctd from each other and which are exercising control or other rights mentioned in paragraph 2 over the infrastructure manager, on the one hand, and the railway undertaking, on the other hand, shall be deemed not to be the same person or persons.
Amendment 263 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 a – paragraph 2
Article 7 a – paragraph 2
2. Legal entities within the vertically integrated undertaking that are active in railway transport services markets shall not have any direct or indirect shareholding in the infrastructure manager. NMor shalleover, the infrastructure manager shall neither have any direct or indirect shareholding in any legal entities within the vertically integrated undertaking active in railway transport services markets, nor shall have any direct or indirect interest in the operating profit of these entities.
Amendment 346 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 b – paragraph 7
Article 7 b – paragraph 7
7. The members of the supervisory or management boards and, senior staff as well as employees of the infrastructure manager with access to inside information shall hold no interest in or receive any financial benefit, directly or indirectly, from any other legal entities within the vertically integrated undertaking. Performance-based elements of their remuneration shall not depend on the business results of any other legal entities within the vertically integrated undertaking or any legal entities under its control, but exclusively on those of the infrastructure manager.
Amendment 375 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
3a. All Member States should have the possibility to limit or revoke access rights of the integrated operators referred to in the article 10, in case the Member States are not allowed by EU institutions to choose freely between the independence of the infrastructure manager from railway transport undertakings and the vertically integrated undertaking.
Amendment 399 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 d – paragraph 2 – subparagraph 1 – point fa (new)
Article 7 d – paragraph 2 – subparagraph 1 – point fa (new)
(fa) issues faced by users of rail freight and passenger transport services, such as service performance or the transparency of prices of rail services;
Amendment 406 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7d – paragraph 3
Article 7d – paragraph 3
3. The Coordination Committee shall draw up rules of procedure that include, in particular, rules on participation in and frequency of meetings, which shall be at least quarterly and in case of regular consultations with representatives of users of rail freight and passenger transport services at least annually. A report of the Coordination Committee's discussions shall be submitted annually to the infrastructure manager, the Member State, the regulatory body as well as users of rail freight and passenger transport services concerned and the Commission with an indication of the respective positions taken by the Committee members.
Amendment 431 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 e – paragraph 2
Article 7 e – paragraph 2
2. The Network shall participate in the market monitoring activities referred to in Article 15 and benchmark the efficiency of infrastructure managers on the basis of common indicators and quality criteria, such as the reliability, capacity, availability, punctuality and safety of their networks, asset quality and utilisation, maintenance, renewals, enhancements, investments and, financial efficiency as well as transparency of the charging framework and charging rules.
Amendment 521 #
Proposal for a directive
Article 1 – point 8 c (new)
Article 1 – point 8 c (new)
Directive 2012/34/EU
Article 56 – paragraph 1 - point ga (new)
Article 56 – paragraph 1 - point ga (new)
In Article 56, paragraph 1, the following point is added: (ga) scheduled or unscheduled maintenance work.