Activities of Luis de GRANDES PASCUAL 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 (29)
Amendment 156 #
Proposal for a directive
Article 4 – paragraph 4 – point f
Article 4 – paragraph 4 – point f
(f) indicate the strategy for the application of the TSIs. In particular, it is necessary to specify the stages to be completed in order to make a gradual transition from the existing situation to the final situation in which compliance with the TSIs shall be the norm including setting deadlines for completion of those stages where necessary ;
Amendment 160 #
Proposal for a directive
Article 4 – paragraph 4 – point h
Article 4 – paragraph 4 – point h
Amendment 161 #
Proposal for a directive
Article 4 – paragraph 4 – point h a (new)
Article 4 – paragraph 4 – point h a (new)
(ha) classify the list of parameters into those related to paragraphs 1b (b), (c) or (d) in article 20.
Amendment 163 #
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 service to ensure the compatibility between vehicles and routes on which they are intended to be operated;
Amendment 177 #
Proposal for a directive
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) for any proposed renewal, extension or upgrading of an existing subsystem or part of it , when the application of these TSIs would compromise the economic viability of the project. and/or the compatibility of the rail system in that Member State, such as in relation to the loading gauge, track gauge, space between tracks or electrification voltage;
Amendment 184 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. In all cases referred to in paragraph 1, the Member State concerned shall submit to the Commission the request for non- application of the TSI, also specifying the alternative provisions that the Member State intends to apply instead of the TSIs. The Commission shall by means of implementing acts establish the content of the file which shall accompany the request of non-application of one or more TSIs or parts of them, the details, the format and the transmission modalities of that file. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(3). The Commission shall check that file, analyse the alternative provisions that the Member State intends to apply instead of the TSIs, decide whether to accept or not the request of non-application of the TSI and inform the Member State of this decision. The Commission's decision shall not cover the loading gauge and the track gauge.
Amendment 196 #
Proposal for a directive
Article 14 – paragraph 1 – point a a (new)
Article 14 – paragraph 1 – point a a (new)
(aa) where the national rule(s) has not yet been notified by the date of entry into force of this Directive;
Amendment 198 #
Proposal for a directive
Article 14 – paragraph 3 – introductory part
Article 14 – paragraph 3 – introductory part
3. Member States may lay down new national rules only in the following cases:cases referred to in Article 13 paragraph 3
Amendment 199 #
Proposal for a directive
Article 14 – paragraph 3 – point a
Article 14 – paragraph 3 – point a
Amendment 201 #
Proposal for a directive
Article 14 – paragraph 3 – point b
Article 14 – paragraph 3 – point b
Amendment 209 #
Proposal for a directive
Article 14 – paragraph 8 – subparagraph 1
Article 14 – paragraph 8 – subparagraph 1
The Commission shall establish, by means of implementing acts, the classification of the notified national rules in different groups with the aim of facilitating the cross-acceptance in different Member States and the compatibility checks between fixed and mobile equipment , and in particular the classification into those related to paragraphs 1b (b), (c) or (d) in article 20. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(3).
Amendment 221 #
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 1
Article 18 – paragraph 2 – subparagraph 1
Each national safety authority shall authorise the placing in service of the energy and, infrastructure and trackside control-command and signalling subsystems which are located or operated in the territory of its Member State.
Amendment 227 #
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 2
Article 18 – paragraph 2 – subparagraph 2
Amendment 233 #
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 3
Article 18 – paragraph 2 – subparagraph 3
Amendment 235 #
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 3 – point 1 (new)
Article 18 – paragraph 2 – subparagraph 3 – point 1 (new)
(1) National safety authorities shall provide detailed guidance on how to obtain the authorisations referred to this Article. 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. The Agency and the national safety authorities shall cooperate in disseminating such information.
Amendment 236 #
Proposal for a directive
Article 18 – paragraph 3 – introductory part
Article 18 – paragraph 3 – introductory part
3. In order to authorise the placing in service of the subsystems referred to in paragraph 1, the national safety authority or the Agency, depending on which is the competent authority as set out in paragraph 2, shall obtain proof of:
Amendment 240 #
Proposal for a directive
Article 18 – paragraph 3 – subparagraph 1 (new)
Article 18 – paragraph 3 – subparagraph 1 (new)
Within one month of the receipt of the request of the applicant, the national safety authority shall inform the applicant that the file is complete or ask for relevant complementary information, setting a reasonable deadline.
Amendment 241 #
Proposal for a directive
Article 18 – paragraph 3 – point e a (new)
Article 18 – paragraph 3 – point e a (new)
(ea) The national safety authority shall verify the completeness, relevance and consistency of the file and issue the authorisation for placing in service of fixed installations, or inform the applicant of its negative decision, within a pre-determined, reasonable time, and in any case, within four months from receipt of all relevant information.
Amendment 244 #
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 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 theirits decisions within a pre-determined, reasonable time, and, in any case, within four months from receipt of all relevant information. from the applicant. Within one month from receipt of the information, the national safety authority shall indicate to the applicant whether the file is complete or not
Amendment 349 #
Proposal for a directive
Article 20
Article 20
1. A vehicle shall be placed on the market only after having received the vehicle authorisation for placing on the market issued by the Agency in accordance with paragraph 5. 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, related to these parameters. 3. The vehicle authorisation for placing on the market may stipulate conditions for the use of the vehicle and other restrictions. 4. The vehicle authorisation for placing on the market 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: (a) the placing on the market of the mobile subsystems composing the vehicle according to Article 19; (b) the technical compatibility of the subsystems referred to in point (a) within the vehicle, established on the basis of the relevant TSIs, national rules and registers; (c) the safe integration of the subsystems referred to in point (a) within the vehicle, established on the basis of the relevant TSIs, national rules, and the common safety methods set out in Article 6 of Directive …/… [on the safety of the rail system within the Union]. 5. 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 Agency shall provide detailed guidance on how to obtain the vehicle authorisation for placing on the market. An application guidance document describing and explaining the requirements for the vehicle authorisation for placing on the market and listing the required documents shall be made available to applicants free of charge. The national safety authorities shall cooperate with the Agency in disseminating such information. 6. The Agency may issue vehicle authorisation for placing on the market for a series of vehicles. Those authorisations shall be valid in all Member States. 7. The applicant may bring an appeal before the Board of Appeal designated under Article 51 of Regulation (EU) No …/… [establishing a European railway agency] against decisions of the Agency or its failure to act within the time limits referred to in paragraph 5. 8. In the event of renewal or upgrading of existing vehicles which already have a vehicle authorisation for placing on the market: (a) a new 'EC' declaration of verification shall be needed as set out in Article 15(4), and (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 granted. 9. At the request of the applicant, the vehicle authorisation for placing on the market may include a clear indication of the networks or lines or groups of networks or lines where the railway undertaking may place such a vehicle in service without further verifications, checks or tests concerning the technical compatibility between the vehicle and these networks or lines. In that case, the applicant shall include in its request the proof of the technical compatibility of the vehicle with the networks or lines concerned. This indication may be also added, at the request of the original or another applicant, after the relevant authorisation for placing on the market has been issued. The applicant shall place a vehicle on the market only after having received the vehicle authorisation for placing on the market issued by the Agency in accordance with paragraph 5 to 7 or by the national safety authority in accordance with paragraph 8. 2. In its application for a vehicle authorisation for placing on the market, the applicant shall specify the intended area of use of the vehicle, i.e. a network or networks within a Member State, or a group of Member States. The application shall include evidence that the technical compatibility between the vehicle and the network of the area of use has been checked. 3. The application shall be accompanied by a file concerning the vehicle or type of vehicle and including the documentary evidence of: (a) the placing on the market of the mobile subsystems composing the vehicle according to Article 19; (b) the technical compatibility of the subsystems referred to in point (a) within the vehicle, established on the basis of the relevant TSIs, and where applicable, national rules; (c) the safe integration of the subsystems referred to in point (a) within the vehicle, established on the basis of the relevant TSIs, and where applicable, national rules, and the common safety methods set out in Article 6(3)(e) of Directive .../... [Railway Safety Directive]; (d) the technical compatibility of the vehicle with the network in the area of use referred to in paragraph 2, established on the basis of the relevant TSIs and, where applicable, national rules and the common safety method on risk assessment referred to in Article 6(3)(e) of Directive .../... [Railway Safety Directive]. (e) the safe integration of the vehicle with the network in the area of use referred to in paragraph 2, established on the basis of the relevant TSIs and, where applicable, national rules and the common safety method on risk assessment referred to in Article 6(3)(e) of Directive .../... [Railway Safety Directive]. Whenever tests are necessary in order to obtain documentary evidence of the technical compatibility referred to in paragraph 3 points (b) and (d), the national safety authorities involved may, issue temporary authorisations to the applicant to use the vehicle for practical verifications on the network. The infrastructure manager, in consultation with the applicant, shall make every effort to ensure that any tests take place within three months of the receipt of the applicant's request. Where appropriate, the national safety authority shall take measures to ensure that the tests take place. 4. The Agency or in the case of paragraph 8, the national safety authority shall issue vehicle authorisations for placing on the market within a pre‑ determined, reasonable time, and, in any case, within four months from receipt of all relevant information. These authorisations shall allow vehicles to be placed on the Union market. 5. The Agency shall issue vehicle authorisations for placing on the market in respect of vehicles having an area of use in one or more Member State(s). In order to issue such authorisations, the Agency shall: (a) assess the elements of the file set out in paragraphs 3(a), 3(b) and 3(c) in order to verify the completeness, relevance and consistency of the file in relation to the relevant TSIs; and (b) refer the applicant's file to the national safety authorities concerned by the intended area of use for assessment of the file in order to verify its completeness, relevance and consistency in relation to paragraphs 3 points (d) and (e) and to the elements set out in paragraphs 3 points (a), (b) and (c) in relation to the relevant national rules. As part of the above assessments and in case of justified doubts, the Agency or the national safety authorities may request tests to be conducted on the network. In order to facilitate these tests, the national safety authorities involved may issue temporary authorisations to the applicant to use the vehicle for tests on the network. The infrastructure manager shall make every effort to ensure that any such test takes place within three months from the request of the Agency or the national safety authority. 6. Within one month of the receipt of the request of the applicant, the Agency shall inform the applicant that the file is complete or ask for relevant complementary information, setting a reasonable deadline. With regard to the completeness, relevance and consistency of file, the Agency may also assess the elements set out in paragraph 3 point (d). The Agency shall take full account of the assessments under paragraph 5 before taking its decision on the issuance of the vehicle authorisation for placing on the market. The Agency shall issue the authorisation for placing on the market, or inform the applicant of its negative decision, within a pre-determined, reasonable time, and in any case, within four months from receipt of all relevant information. In the event of non-application of one or more TSIs or parts of them referred to in Article 7, the Agency shall issue the vehicle authorisation only after application of the procedure set out in that Article. The Agency shall take full responsibility for the authorisations it issues. 7. When the Agency disagrees with a negative assessment carried out by one or more national safety authorities pursuant to paragraph 5 point (b), it shall inform the said authority or authorities, giving reasons for the disagreement. The Agency and the national safety authority or authorities shall cooperate with a view to reaching a mutually acceptable assessment. Where necessary, as decided by the Agency and the national safety authority or authorities, this process shall also involve the applicant. If no mutually acceptable assessment can be found within one month after the Agency has informed the national safety authority or authorities of its disagreement, the Agency shall take its final decision unless the national safety authority or authorities have referred the matter for arbitration to the Board of Appeal established under Article 51 of Regulation (EU) No .../...[establishing a European railway agency]. The Committee shall decide whether to confirm the Agency's draft decision within one month of the request of the national safety authority or authorities. When the Board of Appeal agrees with the Agency, the Agency may take a decision without delay. When the Board of Appeal agrees with the negative assessment of the national safety authority, the Agency shall issue an authorisation with an area of use excluding the parts of the network which received a negative assessment. When the Agency disagrees with a positive assessment of one or more national safety authorities pursuant to paragraph 5 point (b), it shall inform the said authority or authorities, giving reasons for disagreement. The Agency and the national safety authority or authorities shall cooperate with a view to reaching a mutually acceptable assessment. Where necessary, as decided by the Agency and the national safety authority or authorities, this process shall also involve the applicant. If no mutually acceptable assessment can be found within one month after the Agency has informed the national safety authority and authorities of its disagreement, the Agency shall take its final decision. 8. Where the area of use is limited to a network or networks within one member State only, the national safety authority of that Member State may, under its own responsibility and when the applicant so requests, issue the vehicle authorisation for placing on the market. In order to issue such authorisations, the national safety authority shall assess the file in relation to the elements set out in paragraph 3 and according to the procedures to be established in the implementing act under paragraph 9. The authorisation shall also be valid without extension of the area of use for vehicles travelling to the stations of neighbouring Member States with similar network characteristics, when those stations are close to the border, following consultation of the relevant national safety authorities. This consultation may be on a case-by- case basis or set out in a cross-border agreement between national safety authorities. If the area of use is limited to the territory of one Member State and in the event of non-application of one or more TSIs or parts of them referred to in Article 7, the national safety authority shall issue the vehicle authorisation only after application of the procedure set out in that Article. The national safety authority shall take full responsibility for the authorisations it issues. 9. The Commission shall establish, not later than [two years] after the entry into force of this Directive, by means of implementing acts, detailed rules on the authorisation procedure, including: a) detailed guidance for the applicant describing and explaining the requirements for the vehicle authorisation for placing on the market and listing the required documents; b) procedural arrangements for the authorisation process, such as content and timeframes for each stage of the process; c) criteria for assessment of the applicants' files. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(3). They shall take into account the experience gained during the implementation of the cooperation agreements between the Agency and the national safety authorities referred to in paragraph 14. 10. Vehicle authorisations for placing on the market shall state: (a) the area(s) of use; (b) the values of the parameters set out in the TSIs and, where applicable, in the national rules, as relevant for checking the technical compatibility between the vehicle and the area of use; (c) the vehicle's compliance with the relevant TSIs and sets of national rules, related to the parameters referred to under point (b); (d) the conditions for the use of the vehicle and other restrictions. 11. Any decision refusing the placing on the market of a vehicle shall be duly substantiated. The applicant may, within a period of one month from receipt of the negative decision, request that the Agency or the national safety authority, as appropriate, review the decision. The Agency or the national safety authority shall have two months from the date of receipt of the request for review to confirm or reverse its decision. If the negative decision of the Agency is confirmed, the applicant may bring an appeal before the Board of Appeal designated under Article 51 of Regulation (EU) No .../... [establishing a European railway agency]. If the negative decision of a national safety authority is confirmed, the applicant may bring an appeal to the appeal body designated by the competent Member State under Article 17(3) of Directive .../... [Railway Safety Directive]. Member States may designate the regulatory body set out in Article 56 of Directive 2012/34/EU [establishing a single European railway area] for the purpose of this appeal procedure. 12. In the event of renewal or upgrading of existing vehicles which already have a vehicle authorisation for placing on the market, a new vehicle authorisation for placing on the market shall be required if: (a) changes are made to the values of the parameters referred to in paragraph 10 (b), (b) the overall safety level of the vehicle concerned may be adversely affected by the works envisaged, or (c) it is required by the relevant TSIs. 13. Where the applicant wishes to extend the area of use of a vehicle already authorised, it shall complement the file with the relevant documents referred to in paragraph 3 concerning the additional area of use. The applicant shall submit the file to the Agency, which shall, after following the procedures in paragraphs 4 to 7, issue an updated authorisation covering the extended area of use. If the applicant received a vehicle authorisation in accordance with paragraph 8 and wishes to extend the area of use within that Member State, it shall complement the file with the relevant documents referred to in paragraph 3 concerning the additional area of use. It shall submit the file to the national safety authority which shall, after following the procedures in paragraphs 8, issue an updated authorisation covering the extended area of use. 14. For the purposes of paragraphs 5. and 1e., the Agency shall conclude cooperation agreements with national safety authorities in accordance with Article 69 of Regulation .../... [establishing a European railway agency]. These agreements could be specific or framework agreements, and involve one or more national safety authorities. These agreements shall contain a specified description of tasks and conditions for deliverables, the time-limits applying to their delivery, the apportioning of the fees paid by the applicant. They may also include specific cooperation arrangements in the case of networks requiring specific expertise due to geographical or historical reasons, with a view to reducing administrative burden and costs to the applicant. These agreements shall be in place before the Agency is entitled to receive applications in accordance with this Directive, and in any case by 18 months following the date of entry into force of this Directive at the latest.
Amendment 351 #
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Amendment 356 #
Proposal for a directive
Article 21 – title
Article 21 – title
Amendment 360 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1
Article 21 – paragraph 1 – subparagraph 1
Amendment 366 #
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
Amendment 370 #
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 391 #
Proposal for a directive
Article 42 – paragraph 1
Article 42 – paragraph 1
1. Any vehicleThe national safety authority competent for the territory where the vehicle is first placed in service in the Union's rail system shall carryassign a European vehicle number (EVN) assigned by the national safety authority competent for the relevant territory before the first placing in service of the vehicle .t the latest by the date of commencement of operations
Amendment 406 #
Proposal for a directive
Article 45 – paragraph 1
Article 45 – paragraph 1
1. Each Member State shall publishensure that a register of infrastructure is published stating the values of the network parameters of each subsystem or part of subsystem concerned.
Amendment 409 #
Proposal for a directive
Article 45 – paragraph 5
Article 45 – paragraph 5
Amendment 419 #
Proposal for a directive
Article 51 – paragraph 3
Article 51 – paragraph 3
3. Vehicles authorised for placing in service pursuant to paragraphs 1 and 2, have to receive a vehicle authorisation for placing on the market in order to operate on one or more networks not covered by their authorisation. The placing in service on the market on these additional networks is subject to the provisions of Article 210 paragraph 1b(d) and (e).