21 Amendments of Roberts ZĪLE related to 2010/0253(COD)
Amendment 150 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. A railway undertaking shall be entitled to apply for a licence in the Member State in which it is established. In the Member States which are bordering with third countries, with the network whose track gauge is different from the main rail network within the Union and whose rail freight markets are dominated by the rail freight carriages to and from third countries, the licensing authorities when making decision on the issue of licences to railway undertakings which are directly or indirectly effectively controlled through the ownership shares of third country or nationals of third country, may take into account existence or non-existence of reciprocal access for the EU rail undertakings to the rail freight market of the respective third country.
Amendment 212 #
Proposal for a directive
Recital 24
Recital 24
(24) For the protection of customers and third parties concerned it is important to ensure that railway undertakings are sufficiently insured against liability. Coverage of its liability in the event of accidents through guarantees provided by banks or other undertakings should also be allowed, provided that such coverage is offered under market conditions, does not result in a State aid and does not contain elements of discrimination against railway undertakings.
Amendment 212 #
Proposal for a directive
Recital 24
Recital 24
(24) For the protection of customers and third parties concerned it is important to ensure that railway undertakings are sufficiently insured against liability. Coverage of its liability in the event of accidents through guarantees provided by banks or other undertakings should also be allowed, provided that such coverage is offered under market conditions, does not result in a State aid and does not contain elements of discrimination against railway undertakings.
Amendment 262 #
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. Member States may exclude from the application of Article 31(5) vehicles operated or intended to be operated from and to third countries, running on a network whose track gauge is different from the main rail network within the Union.
Amendment 262 #
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. Member States may exclude from the application of Article 31(5) vehicles operated or intended to be operated from and to third countries, running on a network whose track gauge is different from the main rail network within the Union.
Amendment 343 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. HWithout prejudice to the charging framework of Articles 31 and 32, and having due regard to Articles 93, 107 and 108 of the Treaty, Member States may alsoshall provide the infrastructure manager with financing consistent with its tasks, the size of the infrastructure and financial requirements, in particular in order to cover new investments.
Amendment 343 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. HWithout prejudice to the charging framework of Articles 31 and 32, and having due regard to Articles 93, 107 and 108 of the Treaty, Member States may alsoshall provide the infrastructure manager with financing consistent with its tasks, the size of the infrastructure and financial requirements, in particular in order to cover new investments.
Amendment 476 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. A railway undertaking shall be entitled to apply for a licence in the Member State in which it is established, provided that Member States or nationals of Member States. A Member State shall take a decision on an application for a licence by a railway undertaking established own in total more than 50% of this railway undertaking and effectively control it, whether directly or indirectly through one or more intermediate undertakings, except where an agreement with a third country to which the European Union is a party provides otherwisets territory where that railway undertaking is owned by more than 50% in total by third party interests outside of the EU and where such third parties effectively control it, whether directly or indirectly through one or more intermediate undertakings.
Amendment 476 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. A railway undertaking shall be entitled to apply for a licence in the Member State in which it is established, provided that Member States or nationals of Member States. A Member State shall take a decision on an application for a licence by a railway undertaking established own in total more than 50% of this railway undertaking and effectively control it, whether directly or indirectly through one or more intermediate undertakings, except where an agreement with a third country to which the European Union is a party provides otherwisets territory where that railway undertaking is owned by more than 50% in total by third party interests outside of the EU and where such third parties effectively control it, whether directly or indirectly through one or more intermediate undertakings.
Amendment 484 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
Without prejudice to Chapter III of Regulation (EC) No 1371/2007 of the European Parliament and of the Council16 , a railway undertaking shall be adequately insured or have guarantees under market conditions for cover, in accordance with national and international law, of its liabilities in the event of accidents, in particular in respect of freight, mail and third parties.
Amendment 484 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
Without prejudice to Chapter III of Regulation (EC) No 1371/2007 of the European Parliament and of the Council16 , a railway undertaking shall be adequately insured or have guarantees under market conditions for cover, in accordance with national and international law, of its liabilities in the event of accidents, in particular in respect of freight, mail and third parties.
Amendment 494 #
Proposal for a directive
Article 29 – paragraph 1 – subparagraph 3
Article 29 – paragraph 1 – subparagraph 3
Member States shall ensure that the charging framework and charging rules are published in the network statement. In cases resulting from the conditions of competition with third countries, charging principles and charging rules are not published in the network statement but are published separately no later than 3 months before the date of entry into force of the new timetable.
Amendment 494 #
Proposal for a directive
Article 29 – paragraph 1 – subparagraph 3
Article 29 – paragraph 1 – subparagraph 3
Member States shall ensure that the charging framework and charging rules are published in the network statement. In cases resulting from the conditions of competition with third countries, charging principles and charging rules are not published in the network statement but are published separately no later than 3 months before the date of entry into force of the new timetable.
Amendment 508 #
Proposal for a directive
Article 31 – paragraph 3 – subparagraph 1
Article 31 – paragraph 3 – subparagraph 1
Without prejudice to paragraphs 4 or 5 of this Article or to Article 32, the charges for the minimum access package shall be set at the cost that is directly incurred as a result of operating the train service, according to Annex VIII, point 1 . In order to obtain full recovery of the costs incurred by the infrastructure manager a Member State may, if the market can bear this, levy mark-ups on the basis of efficient, transparent and non-discriminatory principles, while guaranteeing optimal competitiveness in particular of international rail services. The charging system shall respect the productivity increases achieved by railway undertakings. The level of charges must not, however, exclude the use of infrastructure by market segments which can pay at least the cost that is directly incurred as a result of operating the railway service, plus a rate of return which the market can bear. Before approving the levy of such mark- ups, Member States shall evaluate their relevance for specific market segments, considering at least the pairs listed in Annex VIII, point 3 and retaining the relevant ones. The list of market segments defined by infrastructure managers shall contain at least the three following ones: freight services, passenger services within the framework of a public service contract and other passenger services. Infrastructure managers may further distinguish market segments. Market segments in which railway undertakings are not currently operating but may provide services during the period of validity of the charging system shall also be defined. The infrastructure manager shall not include a mark-up in the charging system for these market segments. The list of market segments shall be published in the network statement and shall be reviewed at least every five years.
Amendment 508 #
Proposal for a directive
Article 31 – paragraph 3 – subparagraph 1
Article 31 – paragraph 3 – subparagraph 1
Without prejudice to paragraphs 4 or 5 of this Article or to Article 32, the charges for the minimum access package shall be set at the cost that is directly incurred as a result of operating the train service, according to Annex VIII, point 1 . In order to obtain full recovery of the costs incurred by the infrastructure manager a Member State may, if the market can bear this, levy mark-ups on the basis of efficient, transparent and non-discriminatory principles, while guaranteeing optimal competitiveness in particular of international rail services. The charging system shall respect the productivity increases achieved by railway undertakings. The level of charges must not, however, exclude the use of infrastructure by market segments which can pay at least the cost that is directly incurred as a result of operating the railway service, plus a rate of return which the market can bear. Before approving the levy of such mark- ups, Member States shall evaluate their relevance for specific market segments, considering at least the pairs listed in Annex VIII, point 3 and retaining the relevant ones. The list of market segments defined by infrastructure managers shall contain at least the three following ones: freight services, passenger services within the framework of a public service contract and other passenger services. Infrastructure managers may further distinguish market segments. Market segments in which railway undertakings are not currently operating but may provide services during the period of validity of the charging system shall also be defined. The infrastructure manager shall not include a mark-up in the charging system for these market segments. The list of market segments shall be published in the network statement and shall be reviewed at least every five years.
Amendment 535 #
Proposal for a directive
Article 32 – paragraph 1
Article 32 – paragraph 1
Amendment 535 #
Proposal for a directive
Article 32 – paragraph 1
Article 32 – paragraph 1
Amendment 555 #
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 555 #
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 708 #
Proposal for a directive
Annex 8 – point 3
Annex 8 – point 3
3. TIn case the infrastructure manager shall demonstrate to the regulatory body the ability of a train service to pay mark-ups according to Article 32(1), whereby each of the services listed under a single one of the following points shall belong to different market segmentlevies mark-ups, it shall develop a list of market segments to which the regulatory body shall give its prior approval. Mark-ups shall be such that traffic volumes in individual segments develop no worse than traffic volumes on competing markets. The pairs to be considered by infrastructure managers when they define a list of market segments with a view to introducing mark-ups in the charging system according to Article 31(3) include at least the following ones:
Amendment 708 #
Proposal for a directive
Annex 8 – point 3
Annex 8 – point 3
3. TIn case the infrastructure manager levies mark-ups, it shall demonstrate to the regulatory body the ability of a train service to pay mark-ups according to Article 32(1), whereby each of the services listed under a single one of the following points shall belong to different market segmentvelop a list of market segments to which the regulatory body shall give its prior approval. Mark-ups shall be such that traffic volumes in individual segments develop no worse than traffic volumes on competing markets. The pairs to be considered by infrastructure managers when they define a list of market segments with a view to introducing mark-ups in the charging system according to Article 31(3) include at least the following ones: