89 Amendments of Marian-Jean MARINESCU related to 2023/0271(COD)
Amendment 199 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) In order to strengthen their role during the process of capacity management, the Applicants should establish the European Railway Applicants Platform (ERAP). Operators of service facilities and terminals, multimodal capacity stakeholder like sea and inland waterway ports and owners of other rail-related service facilities may also be part of ERAP.
Amendment 222 #
Proposal for a regulation
Recital 30
Recital 30
(30) The preparation of the working timetable requires preparatory activities to be carried out in the years preceding the entry into force of the said working timetable. Therefore, the transition from the regulatory framework established by Directive 2013/34/EU and Regulation (EU) No 913/2010 to the one established by this Regulation implies that preparations for working timetables under the new framework should begin in parallel to the application of rules under the current framework. Accordingly, a dual regime must apply in a transition phase whereby necessary preparatory steps for a given timetable should comply with the legal framework applicable to that specific working timetable. Framework agreements concluded under the current framework should have the possibility to continue applying for a transition period under the new regimeuntil the end of the contract.
Amendment 223 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. This Regulation lays down also rules and procedures for implementation of an integrated digital European rail traffic management, command, control and signalling systems, including automated train operation. based on interoperable digital national systems. Infrastructure managers shall ensure that capacity management and traffic management processes within the scope of this Regulation are implemented by means of digital tools and digital services.
Amendment 225 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Chapters II to V of this Regulation shall not apply to rail infrastructure or railway services that are excluded from the application of Chapter IV of Directive 2012/34/EU in accordance with Article 2(3), (3a), (4), (8), (8a), (9), and (10) of that Directive during the period of validity of the relevant exclusions.
Amendment 229 #
Proposal for a regulation
Article 2 – paragraph 3 – point d
Article 2 – paragraph 3 – point d
(d) enable seamless rail traffic across more than one network and across external borders;
Amendment 235 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. As regards traffic management, infrastructure managers shall ensure that railway undertakings and other applicants, in cases of disruption concerning them, have full and timely access to relevant information. Where the infrastructure manager grants further access to the traffic management process, it shall do so for the railway undertakings concerned in a transparent and non- discriminatory way.
Amendment 236 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. As regards capacity management and the long-term planning of major maintenance, renewal and upgrade of the railway infrastructure, the infrastructure manager shall consult the applicants, as defined in Article 3, point 19 of Directive 2012/34/EU, in accordance with this Regulation and, to the best possible extent, take into account the concerns expressed.
Amendment 242 #
Proposal for a regulation
Article 4 – paragraph 2 – point 2 a (new)
Article 4 – paragraph 2 – point 2 a (new)
(2a) ‘applicant' means an entity as defined in Article 3, point 19 of Directive 2012/34/EU
Amendment 246 #
Proposal for a regulation
Article 4 – paragraph 2 – point 3
Article 4 – paragraph 2 – point 3
(3) ‘operational stakeholder’ means an applicant, railway undertaking, other applicant, infrastructure manager, rail service facility operator, provider of rail-related services and any other entity directly involved in operating a rail transport service;
Amendment 249 #
Proposal for a regulation
Article 4 – paragraph 2 – point 11 a (new)
Article 4 – paragraph 2 – point 11 a (new)
(11a) ‘cross-border’ defines different activities provided across at least one internal or external border;
Amendment 262 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Infrastructure managers shall strive to follow common principles and procedures for the management of rail infrastructure capacity. For this purpose, ENIM shall develop and adopt a ‘European framework for capacity management’ in accordance with the provisions of Chapter II by [12 months of the entry into force of this Regulation].
Amendment 264 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Infrastructure managers shall take the utmost account of the European framework for capacity management when preparing the network statement referred to in Article 27 of Directive 2012/34/EU, in particular the contents specified in Annex IV of this Regulation. They shall explainjustify in the network statement the reason for any deviation from the common principles and procedures established in the European framework for capacity management and shall ask for approval of ENRRB.
Amendment 265 #
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. The Commission shall adopt, by [24 months after the entry into force of this Regulation], implementing acts setting out the common principles and procedures for the management of rail infrastructure capacity Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(3) and shall replace the similar provision provided in paragraph 2 of this Article.
Amendment 267 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Applicants shall make requests for infrastructure capacity. In order to use such infrastructure capacity, applicants, not being railway undertaking, shall appoint a railway undertaking to conclude an agreement with the infrastructure manager in accordance with Article 28 of Directive 2012/34/EU. This is without prejudice to the right of applicants to conclude framework agreements with infrastructure managers under Article 31 of this Regulation.
Amendment 269 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Commission mayshall, by [24 months after the entry into force of this Regulation], adopt implementing acts setting out the details of the criteria to be followed for the application ofsetting the requirements mentioned in paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(3) and shall replace the similar provision mentioned in paragraph 2.
Amendment 270 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. The Commission shall support the establishment of the ‘European Railway Applicants Platform’ (ERAP), that may include any applicant using European rail infrastructure individually or through associations, operators of service facilities and terminals, multimodal capacity stakeholders like sea and inland waterway ports and owners of other rail-related service facilities. The ENIM shall consult ERAP before taking any decision and before preparing and adopting any of Frameworks, Criteria, Requirements, Guidelines, Principles, Methodologies, Procedures, Specifications. ERAP may issue also its own opinions which shall be taken in account by ENIM.
Amendment 285 #
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Taking into account experiences with the preparation and implementation of the framework referred to in paragraph 6, the Commission mayshall adopt, by [24 months after the entry into force of this Regulation], implementing acts setting out the specific procedures, criteria and methodologies to be applied for the management of scarce capacity. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(3) and shall replace the similar provision mentioned in Paragraph 6 and included in European framework.
Amendment 289 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. At the request of applicants, infrastructure managers shall provide the information referred to in paragraph 1 on the basis of concrete specifications of commercial and operational needs (‘feasibility assessments’). For cross- border services, infrastructure managers shall receive and answer to such requests in a single place and single operation or via a single interface. established in accordance with Article 27 paragraph 4
Amendment 299 #
Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 2 a (new)
Article 10 – paragraph 5 – subparagraph 2 a (new)
The Management Board of the Rail freight corridors shall submit a recommendation on the coordination of works to its respective infrastructure managers 3 months prior to the period as defined in paragraph 4
Amendment 304 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Taking into account experiences with the preparation and implementation of the strategic guidance referred to in paragraph 3, the Commission may adopt implementing acts setting out the specific legal status, template, procedures, criteria and methodologies to be applied for adopting national strategic guidance in order to support the management of scarce capacity and to ensure consistency between Member States strategic guidances issued necessary to support the development of international rail freight and passenger services. These acts shall also enable methodologies in the strategic guidance to support operation of public service contracts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(3).
Amendment 319 #
Proposal for a regulation
Article 12 – paragraph 9
Article 12 – paragraph 9
9. ENIM shall develop by [12 months after the entry into force of this Regulation], guidelines setting out common principles, procedures and methodologies for strategic capacity planning. It shall include those guidelines in the European framework for capacity management referred to in Article 6 of this Regulation. Those guidelines should contain at least the elements listed in Annex III to this Regulation. The infrastructure managers shall take the utmost account of those guidelines in the network statement referred to in Article 27 of Directive 2012/34/EU. They shall explain in the network statement the reason for any deviation from the common principles, procedures and methodologies established in the guidelines.
Amendment 321 #
Proposal for a regulation
Article 12 – paragraph 9 a (new)
Article 12 – paragraph 9 a (new)
9a. The Commission shall adopt, by [24 months after the entry into force of this Regulation], implementing acts setting out common principles, procedures and methodologies for strategic capacity planning. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(3) and shall replace the similar provision mentioned in Paragraph 9 of this Article and included in the European framework.
Amendment 329 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point d
Article 14 – paragraph 1 – subparagraph 2 – point d
(d) the involvement of all operational stakeholders and ERAP, regulatory bodies and the European Network of Rail Regulatory Bodies (‘the ENRRB’), the European Coordinators and, where necessary, Member State authorities and other stakeholders.
Amendment 331 #
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. The Management Board of the Rail freight corridors shall submit a recommendation on coordinated capacity strategy to the respective infrastructure managers 3 months prior to the period as defined in article 10(4).
Amendment 367 #
Proposal for a regulation
Article 18 – paragraph 10 – introductory part
Article 18 – paragraph 10 – introductory part
10. ENIM shall, by [12 months after the entry into force of this Regulation], adopt guidelines and include them in the European framework for capacity management referred to in Article 6, setting out the following:
Amendment 372 #
Proposal for a regulation
Article 18 – paragraph 10 a (new)
Article 18 – paragraph 10 a (new)
10a. The Commission shall adopt, by [24 months after the entry into force of this Regulation], implementing acts setting out common principles, procedures and methodologies for the guidelines mentioned in paragraph 10 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(3) and shall replace the similar provision mentioned in Paragraph 10 of this Article and included in the European framework.
Amendment 374 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. The Commission shall, by [24 months after the entry into force of this Regulation], adopt implementing acts setting out the details of the procedure and criteria to be followed for the application of paragraph 2, in particular for situations which have a potential impact on cross- border traffic. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(3) and shall replace the similar provision mentioned in paragraph 2.
Amendment 376 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. ENIM shall, by [12 months after the entry into force of this Regulation], develop a common framework for the criteria and procedures referred to in paragraph 1 and include it in the European framework for capacity management referred to in Article 6. That common framework shall balance the benefits of reserving capacity for specific types of rail services or allocation processes with the need to ensuring flexibility to accommodate market needs in capacity allocation. For that purpose, the common framework shall provide for the possibility of taking into account requests for capacity rights not consistent with pre- planned capacity in the context of the consensual conflict resolution mechanism referred to in Article 36.
Amendment 384 #
Proposal for a regulation
Article 20 – paragraph 4 a (new)
Article 20 – paragraph 4 a (new)
4a. The Commission shall, by [24 months after the entry into force of this Regulation], adopt implementing acts setting out the details of the procedure and criteria to be followed for the application of paragraph 1, in particular for situations which have a potential impact on cross-border traffic. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(3) and shall replace the similar provision mentioned in paragraph 1.
Amendment 401 #
Proposal for a regulation
Article 27 – paragraph 2 – subparagraph 1
Article 27 – paragraph 2 – subparagraph 1
Applicants shall have the right to request multi-network capacity rights, and toshall receive answers to such requests, in a single place and in a single operation established in accordance with paragraph 4 of this Article. Infrastructure managers shall cooperate in the allocation of capacity for multi- network rail services, including in particular international rail freight services and international rail passenger services.
Amendment 403 #
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. Infrastructure managers shall respect the commercial confidentiality of information provided to them, especially in the case of vertically integrated railway companies.
Amendment 404 #
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 2
Article 27 – paragraph 4 – subparagraph 2
For multi-network capacity rights, ENIM shall establish, in 12 months from the date of enter in force of this Regulation, establish a single place and operation based on a single interface or a common system developed in accordance with Article 62, in order to manage capacity allocation in a single place and operation.
Amendment 414 #
Proposal for a regulation
Article 28 – paragraph 2 – subparagraph 1 – point a
Article 28 – paragraph 2 – subparagraph 1 – point a
Amendment 416 #
Proposal for a regulation
Article 28 – paragraph 2 – subparagraph 2
Article 28 – paragraph 2 – subparagraph 2
Amendment 418 #
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
5. ENIM shall, by [24 months after the entry into force of this Regulation], define the detailed procedures and methods to implement this Article and the minimum quality requirements referred to in paragraph 2(b) and include them in the European framework for capacity management referred to in Article 6.
Amendment 422 #
Proposal for a regulation
Article 28 – paragraph 5 a (new)
Article 28 – paragraph 5 a (new)
5a. The Commission shall, by [24 months after the entry into force of this Regulation], adopt implementing acts setting out the detailed procedures and methods to implement this Article and the minimum quality requirements referred to in paragraph 2(b). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(3) and shall replace the similar provision mentioned in paragraph 5 of this Article and included in the European framework.
Amendment 423 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. Infrastructure managers shall ensure that applicants can request in one place andestablished in accordance of Article 27 paragraph 4, the operation capacity rights on railway infrastructure and in the service facilities referred to in paragraph 1.
Amendment 425 #
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. The operators of service facilities referred to in paragraph 1 shall make available information, upon request or in real time where necessary, in real time about the available capacity to the infrastructure manager in a digital format in accordance with Article 62.
Amendment 426 #
Proposal for a regulation
Article 29 – paragraph 6
Article 29 – paragraph 6
6. For the purpose of this Article and in accordance with Article 62, ENIM shall, by [24 months after the entry into force of this Regulation], provide guidelines on the functional and technical requirements for the exchange of information between the operators of rail facilities and infrastructure managers for the purposes of this Article. Without prejudice to Article 2 of Implementing Regulation (EU) 2017/2177, operators of service facilities may request to be exempted from the application of this Article. Such requests shall be submitted to the regulatory body and be duly substantiated. Regulatory bodies may decide to extend an exemption in duly justified cases.
Amendment 427 #
Proposal for a regulation
Article 29 – paragraph 7
Article 29 – paragraph 7
7. The ENRRB shall monitor the application of paragraph 76 and shall provide recommendations on the criteria to be used in assessing the requests for exemptions.
Amendment 428 #
Proposal for a regulation
Article 29 – paragraph 7 a (new)
Article 29 – paragraph 7 a (new)
7a. The Commission shall adopt, by [24 months after the entry into force of this Regulation], implementing acts setting out details on the functional and technical requirements for the exchange of information between the operators of rail facilities and infrastructure managers for the purposes of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(3) and shall replace the similar provision mentioned in Paragraph 6 of this Article.
Amendment 434 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. Infrastructure managers shall conclude framework agreements only where the capacity right requested is consistent with the planning documents of the strategic capacity planning referred to in Article 11(2). Infrastructure managers, after consultation with the neighbourhood networks, shall indicate the capacity that they plan to reserve for allocation through framework agreements in these planning documents.
Amendment 438 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Framework agreements shall not be such as to preclude the use of the relevant infrastructure by other applicants or services. For this purpose, infrastructure managers, in coordination with the infrastructure managers from neighbouring countries, shall set the maximum shares of total capacity that can be allocated through framework agreements and include these in the network statement.
Amendment 442 #
Proposal for a regulation
Article 31 – paragraph 11
Article 31 – paragraph 11
11. Based on the experience of regulatory bodies, competent authorities and railway undertakings and based on the activities of the ENRRB, the Commission mayshall, by [24 months after the entry into force of this Regulation], adopt an implementing act setting out the details of the procedure and criteria to be followed for the uniform application of this Article and of Article 33. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(3) and shall replace the similar provision included mentioned in this Article and in Article 33.
Amendment 454 #
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. Without prejudice to Article 18, infrastructure managers shall allocate capacity reserved for the rolling planning allocation process on the basis of the allocation principle set out in section 56, point 2 of Annex I.
Amendment 455 #
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. In accordance with the rules and procedures set out in Article 20, infrastructure managers may refuse to allocate capacity for rolling planning requests if requests are inconsistent with the capacity supply plan adopted in accordance with Article 18. A refusal shall be communicated to the applicant without delay. The applicant shall have the right to lodge a complaint with the regulatory bodcase when the requests are inconsistent with the capacity supply plan adopted in accordance with Article 18, the infrastructure managers shall follow the rules and procedures set out in Article 20 and offer alternative capacity.
Amendment 465 #
Proposal for a regulation
Article 36 – paragraph 8
Article 36 – paragraph 8
8. ENIM shall, by [24 months after the entry into force of this Regulation], prepare guidelines for the consensual conflict resolution mechanism for multi- network capacity requests and include them in the European framework for capacity management referred to in Article 6.
Amendment 470 #
Proposal for a regulation
Article 36 – paragraph 8 a (new)
Article 36 – paragraph 8 a (new)
8a. The Commission shall, by [24 months after the entry into force of this Regulation], adopt an implementing act setting out the details of the procedure and criteria to be followed for the consensual conflict resolution mechanism for multi-network capacity requests. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(3) and shall replace the similar provision mentioned in Paragraph 8 of this Article and included in the European framework.
Amendment 477 #
Proposal for a regulation
Article 39 – paragraph 8 – subparagraph 1
Article 39 – paragraph 8 – subparagraph 1
ENIM shall, by [12 months after the entry into force of this Regulation], prepare and adopt harmonised procedures to manage changes to capacity rights after allocation and include them in the European framework for capacity management referred to in Article 6.
Amendment 478 #
Proposal for a regulation
Article 39 – paragraph 8 – subparagraph 2 a (new)
Article 39 – paragraph 8 – subparagraph 2 a (new)
The Commission shall adopt, by [24 months after the entry into force of this Regulation], implementing acts setting out rules and procedures to manage changes to capacity rights after allocation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(3) and shall replace the similar provision mentioned in Paragraph 8 of this Article and included in the European framework.
Amendment 481 #
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. Following a consultation of the ENRRB, ENIM shall, by [12 months after the entry into force of this Regulation], define harmonised conditions giving rise to compensation. Those conditions shall take into account the rules set out in Article 39(4) and (8). ENIM shall include these conditions in the European framework for capacity management referred to in Article 6. The ENRRB shall publish an opinion on the conditions defined by ENIM.
Amendment 487 #
Proposal for a regulation
Article 40 – paragraph 7
Article 40 – paragraph 7
7. The Commission mayshall, by [24 months after the entry into force of this Regulation], adopt implementing acts setting out the conditions giving rise to the payment of compensations, the categorisation of changes to capacity rights and the methodologies to set the levels of compensation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(3) and shall replace the similar provision mentioned in Paragraph 2 of this Article and included in the European framework.
Amendment 488 #
Proposal for a regulation
Article 41 – paragraph 2 – subparagraph 1
Article 41 – paragraph 2 – subparagraph 1
ENIM shall, by [12 months after the entry into force of this Regulation], develop and adopt guidelines for managing and allocating infrastructure capacity in the event of a network disruption in a transparent and non- discriminatory way. In particular, ENIM shall provide guidelines on the application of the simultaneous capacity allocation process and the first come, first served principle.
Amendment 491 #
Proposal for a regulation
Article 41 – paragraph 3
Article 41 – paragraph 3
3. When rescheduling, infrastructure managers shall not unilaterally change or cancel existing capacity rights for the purpose of managing disruptions. However, based on the experience of regulatory bodies, infrastructure managers and railway undertakings and on the activities of ENIM and the ENRRB, the Commission mayshall, by [24 months after the entry into force of this Regulation], adopt an implementing act setting out the criteria and procedures for rescheduling, including unilateral changes to allocated capacity rights by infrastructure managers for the purpose of managing network disruptions. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 72(3) and shall replace the similar provision mentioned in Paragraph 2 of this Article and included in the European framework.
Amendment 495 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. Infrastructure managers shall, by [18 months after the entry into force of this Regulation], put in place rules and procedures to manage deviations of train movements from the working timetable. Those rules and procedures shall be published in the network statement referred to in Article 27 of Directive 2012/34/EU and shall cover traffic management in the situations set out in Article 42(1), points (a), (b) and (c) of this Regulation.
Amendment 497 #
Proposal for a regulation
Article 43 – paragraph 6 a (new)
Article 43 – paragraph 6 a (new)
6a. The Commission shall adopt, by [24 months after the entry into force of this Regulation], implementing acts setting out rules and procedures to manage deviations of train movements from the working timetable. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(3) and shall replace the similar provision mentioned in Paragraph 1 of this Article.
Amendment 504 #
Proposal for a regulation
Article 44 – paragraph 3 a (new)
Article 44 – paragraph 3 a (new)
3a. The Commission shall, by [24 months after the entry into force of this Regulation], adopt implementing acts setting out the details for the coordination of cross-border traffic management, disruption management and crisis management Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(3) and shall replace the similar provision mentioned in Paragraph 2 of this Article and included in the European framework.
Amendment 515 #
Proposal for a regulation
Article 50 – paragraph 5
Article 50 – paragraph 5
5. The Commission mayshall, by [24 months after the entry into force of this Regulation], adopt implementing acts, setting out detailed rules on the elements in paragraph 2, points (b) to (d)including indicative performance targets, in accordance with the advisory procedure referred to in Article 72(2). In doing so, the Commission shall take into account the work done by ENIM in accordance with paragraph 3 and any recommendations of the pPerformance review body.
Amendment 520 #
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. The Performance Review Body shall prepare a self-standing section of the report providing its assessment of the performance of rail infrastructure services and rail transport services, recommendations on performance issues to be addressed with priority and recommendations on measures to improve performance.
Amendment 521 #
Proposal for a regulation
Article 51 – paragraph 3
Article 51 – paragraph 3
3. The performance review reports shall cover at least the lines included in the European Transport Corridors referred to in Regulation [new TEN-T Regulation] and shall include the information required by [Article 53(3)(gf)] thereof. The information presented shall be sufficiently detailed in terms of geographical scope and should cover a sufficiently long period of time to allow for meaningful interpretations.
Amendment 523 #
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. In accordance with the procedure referred to in Article 73(3), the Commission may set up or designate an impartial and competent body to act as a Performance Review BodyBy [6 months after the entry into force of this Regulation], a Performance Review Body shall be established as an impartial, competent and self-standing body. The Commission shall adopt, by [12 months after the entry into force of this Regulation], an implementing act setting out details of organisation, governance, financing of the PRB. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 72(3).
Amendment 525 #
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. The Performance Review Body shall provide advice to the Commission, ENIM and the European Coordinators on matters related to the performance of rail infrastructure services and rail transport services, on request by the Commission or the European Coordinators.
Amendment 529 #
Proposal for a regulation
Article 52 – paragraph 3 – point c
Article 52 – paragraph 3 – point c
(c) reviewing the results of the draft European performance report and, preparing the self-standing sectionreport referred to in Article 51(2);
Amendment 530 #
Proposal for a regulation
Article 52 – paragraph 5
Article 52 – paragraph 5
5. ENIM, the Network Coordinator, infrastructure managers, regulatory bodies, the ENRRB and, where relevant, other stakeholders shall cooperate with the performance review body, in particular by providing information related to performance on their own initiative or upon the body’s request and make the utmost effort to take into account its recommendations in their work on rail performance management.
Amendment 539 #
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. ENIM shall, by [12 months after the entry into force of this Regulation], prepare, adopt and implement guidelines to ensure appropriate and regular consultation of interested parties and include them in the European framework for capacity management referred to in Article 6, the European framework for the cross-border coordination of traffic management, disruption management and crisis management referred to in Article 44 and the European framework for performance review referred to in Article 50. The process shall be developed and implemented with the support of the Network Coordinator and with the involvement of the designated focal points of infrastructure managers referred to in Article 60.
Amendment 543 #
Proposal for a regulation
Article 54 – paragraph 3 a (new)
Article 54 – paragraph 3 a (new)
3a. The Commission shall adopt, by [24 months after the entry into force of this Regulation], implementing acts setting out details to ensure appropriate and regular consultation of interested parties. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(3) and shall replace the similar provision mentioned in Paragraph 1 of this Article and included in the European framework.
Amendment 558 #
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
2. ENIM shall invite the Commission, including the European Coordinators, ERAP and, where relevant, representatives of the Member States, to its meetings with a view to discuss issues related to the development of rail infrastructure and to ensure cooperation with the European Coordinators, as outlined in [new TEN-T Regulation]. ENIM shall provide the information required under [Article 53, third subparagraph of the new TEN-T Regulation].
Amendment 570 #
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
1. ENIM shall, by [12 months after the entry into force of this Regulation], prepare and adopt a common structure for the network statement referred to in Article 27 of Directive 2012/34/EU, which shall take into consideration the information listed in Annex IV to that Directive, Annex IV to this Regulation, and a common schedule for the consultation of interested parties on the draft network statement. Infrastructure managers shall take the utmost account of this structure and schedule when preparing the network statement.
Amendment 574 #
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
1. Infrastructure managers shall ensure that capacity management and traffic management processes within the scope of this Regulation are implemented by means of digital tools and digital services. Those tools and services shall be in line with the capacity planning and allocation process outlined in Section 3 of this Regulation and interoperable with all other similar national developments.
Amendment 575 #
Proposal for a regulation
Article 62 – paragraph 2 – point c
Article 62 – paragraph 2 – point c
(c) reduce the administrative burden for applicants by requesting each piece of information only once and by providing information or data in a single place, established in accordance with Article 27 paragraph 4 including as regards cross- border services.
Amendment 578 #
Proposal for a regulation
Article 62 – paragraph 2 a (new)
Article 62 – paragraph 2 a (new)
2a. The digital tools and digital services shall be fully operational by [30 months after the entry into force of this Regulation] .
Amendment 579 #
Proposal for a regulation
Article 62 – paragraph 5 a (new)
Article 62 – paragraph 5 a (new)
5a. The Commission shall, by [12 months after the entry into force of this Regulation], adopt an implementing act setting out the road map for implementation and governance of integrated digital European rail traffic management, command, control and signalling systems, including automated train operation. The European system shall be based on national interoperable systems. This road map shall provide all tasks and contributions of RU JU, ERA, Infrastructure managers, ENIM, ENRRB, ERAP necessary to reach the followings: (a) by [30 months after the entry into force of this Regulation] a TSI for the national and European system (b) by [48 months after the entry into force of this Regulation] the development of the national and European systems. (e) by [60 months after the entry into force of this Regulation] the implementation of the national and European systems That implementing act shall be adopted in accordance with the examination procedure referred to in Article 72(3)
Amendment 583 #
Proposal for a regulation
Article 62 – paragraph 5 b (new)
Article 62 – paragraph 5 b (new)
5b. The coordination of these activities shall be provided by a dedicated Working party organised by ERA. The details regarding tasks of this Working party shall be included in the Implementing Act mentioned in paragraph 5a of this Regulation.
Amendment 584 #
Proposal for a regulation
Article 62 – paragraph 5 c (new)
Article 62 – paragraph 5 c (new)
5c. The Commission and Member States shall support the financing of the activities included in this Article in order to ensure a timely, cross-border harmonized and interoperable implementation of digital tools and services.
Amendment 586 #
Proposal for a regulation
Article 63 – paragraph 1 a (new)
Article 63 – paragraph 1 a (new)
1a. The regulatory body shall participate and supervise to the strategic planning of capacity provided in Section II of this Regulation. The regulatory body shall evaluate among others if appropriateness, non-discrimination and transparency are ensured. The regulatory may issue and share opinions with infrastructure managers, ENIM and ERAP. The infrastructure managers shall take in account RBs proposals in elaborating all working documents necessary to elaborate the strategic planning of capacity.
Amendment 587 #
Proposal for a regulation
Article 63 – paragraph 2
Article 63 – paragraph 2
2. A railway undertaking, another applicant, a potential applicant, a national, regional or local authority responsible for transport shall have the right to appeal to the regulatory body in accordance with article 56 of Directive 2012/34/EU if it believes it has been unfairly treated, discriminated against or in any other way aggrieved by the infrastructure manager when the latter carried out the activities set out in Chapters II, III, IV and V of this Regulation (Management of infrastructure; Traffic and crisis management; Performance review and management; European network for coordination).
Amendment 588 #
Proposal for a regulation
Article 65 – paragraph 2 a (new)
Article 65 – paragraph 2 a (new)
2a. ENRRB may assess all ENIM decisions and issue and share opinions with ENIM, RRB, ERAP and IM. ENRB shall assess, before adopted, the European Frameworks for capacity managements, traffic management and performance review as well as the network statement common structure and issue and share an opinion with national regulatory bodies that could take actions in accordance with Article 56 of Directive 2012/34/EU.
Amendment 589 #
Proposal for a regulation
Article 65 – paragraph 3
Article 65 – paragraph 3
Amendment 600 #
Proposal for a regulation
Article 69 – paragraph 1
Article 69 – paragraph 1
1. The Board shall adopt its rules of procedure, following approval by the Commission.
Amendment 601 #
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
2. The Commission shall chair the meetings of the Board. It shall have no voting rightBoard shall elect a Chair from among its members.
Amendment 603 #
Proposal for a regulation
Article 69 – paragraph 4
Article 69 – paragraph 4
4. The Board shall take decisions by a simple majority of its members, unless otherwise provided for in the rules of procedure.
Amendment 605 #
Proposal for a regulation
Article 74 – paragraph 1 – point b a (new)
Article 74 – paragraph 1 – point b a (new)
(ba) In Article 3, paragraph 4 is replaced by the following: (4) 'international freight service' means transport service where the train crosses at least one internal or external border of a Member State; the train may be joined and/or split and the different sections may have different origins and destinations, provided that all wagons cross at least one internal or external border.
Amendment 606 #
Proposal for a regulation
Article 74 – paragraph 1 – point b b (new)
Article 74 – paragraph 1 – point b b (new)
(bb) In Article 3, paragraph 5, is replaced by the following: (5) 'international passenger service' means a passenger service where the train crosses at least one internal or external border of a Member State and where the principal purpose of the service is to carry passengers between stations located in different Member States; the train may be joined and/or split, and the different sections may have different origins and destinations, provided that all carriages cross at least one internal or external border;
Amendment 609 #
Proposal for a regulation
Article 75 – paragraph 1
Article 75 – paragraph 1
1. Framework agreements concluded before [1 January 2026] in accordance with Article 42 of Directive 2012/34/EU shall continue to apply until their expiration date.
Amendment 610 #
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
1. Regulation (EU) No 913/2010 isArticles 13-17 on capacity management and traffic management, are repealed with effect from [9 December 2029].7]
Amendment 611 #
Proposal for a regulation
Article 76 – paragraph 2
Article 76 – paragraph 2
2. References to the repealed RegulationArticles shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Section 2 of Annex X.
Amendment 612 #
Proposal for a regulation
Article 77 – paragraph 2 – subparagraph 1 – point a
Article 77 – paragraph 2 – subparagraph 1 – point a
(a) Articles 1, 2 and 3, Chapter II, with the exception of Article 9(1) and (2) and Article 27(4), and Chapter III, with the exception of Article 48, of this Regulation shall apply only to activities and tasks carried out in relation to the working timetables entering into force after [8 December 20297];
Amendment 613 #
Proposal for a regulation
Article 77 – paragraph 2 – subparagraph 1 – point b
Article 77 – paragraph 2 – subparagraph 1 – point b
(b) Article 9(1) and (2) shall apply from [1 January 20287];
Amendment 615 #
Proposal for a regulation
Article 77 – paragraph 2 – subparagraph 1 – point e
Article 77 – paragraph 2 – subparagraph 1 – point e
(e) Article 74 shall apply from [9 December 20297].