12 Amendments of Jacqueline FOSTER related to 2013/0029(COD)
Amendment 202 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2012/34/EU
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Subject to paragraph 4 of this Article, Member States shall ensure that thean infrastructure manager performs all the functions referred to in Article 3(2) and is independent fromly of any railway undertaking.
Amendment 212 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2012/34/EU
Article 7 – paragraph 2 – introductory sentence
Article 7 – paragraph 2 – introductory sentence
Member States shall also ensure that the same legal or natural person or persons are not allowed:
Amendment 214 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2012/34/EU
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) to directly or indirectly exercise control in the sense of Council Regulation (EC) No 139/2004 , hold any financial interest in or exercise any right overor have a majority financial holding in a railway undertaking and over an infrastructure manager at the same time;
Amendment 217 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2012/34/EU
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) to appoint members of the supervisory board, the administrative board or bodies legally representing an infrastructure manager, and at the same time to directly or indirectly exercise control, hold anhold a majority financial interest in or exercise any controlling right over a railway undertaking;
Amendment 221 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2012/34/EU
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) to be a member of the supervisory board, the administrative board or bodies legally representing the undertaking, of both a railway undertaking and an infrastructure manager if that person or those persons hold a controlling right in both the railway undertaking and the infrastructure manager;
Amendment 224 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2012/34/EU
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
d) to manage the rail infrastructure or be part of the management of the infrastructure manager, and at the same time to directly or indirectly exercise control, hold anhave a majority financial interestholding in or exercise any controlling right over a railway undertaking, or to manage the railway undertaking or be part of its management, and at the same time to directly or indirectly exercise control, hold any interesthave a majority financial holding in or exercise any controlling right over an infrastructure manager.
Amendment 230 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2012/34/EU
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Provided that no conflict of interest arises and that confidentiality of commercially sensitive information is guaranteed, the infrastructure manager may subcontract specific development, renewal and maintenance works, over which it shall keep the decision-making power, to railway undertakings or to any other body acting under the supervision of theNothing in this Article 7 shall prevent an infrastructure manager. from:
Amendment 231 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2012/34/EU
Article 7 – paragraph 4 – point a (new)
Article 7 – paragraph 4 – point a (new)
(a) sub-contracting any or all of the functions listed in Article 3(2) to any person or legal entity other than a railway undertaking provided that the requirements of paragraphs 1 and 2 of this Article are met in relation to that person or legal entity;
Amendment 232 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2012/34/EU
Article 7 – paragraph 4 – point b (new)
Article 7 – paragraph 4 – point b (new)
(b) sub-contracting specific development, renewal and maintenance works, over which it shall keep the decision making power, to railway undertakings or to any other body acting under the supervision of the infrastructure manager provided that no conflict of interest arises and that the confidentiality of commercially sensitive information is guaranteed;
Amendment 233 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2012/34/EU
Article 7 – paragraph 4 – point c (new)
Article 7 – paragraph 4 – point c (new)
(c) creating and operating in a transparent and non-discriminatory manner joint control centres with railway undertakings to support operational and incident management and provide a coordinated operational environment on the network;
Amendment 234 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2012/34/EU
Article 7 – paragraph 4 – point d (new)
Article 7 – paragraph 4 – point d (new)
Amendment 235 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2012/34/EU
Article 7 – paragraph 4 – point e (new)
Article 7 – paragraph 4 – point e (new)
(e) entering into arrangements with one or more railway undertakings, after consulting the Coordination Committee referred to in Article 7d and with the prior approval of the regulatory body referred to in Article 55, with a view to reducing costs and delivering greater efficiencies on the part of the network covered by the arrangements and for its users Such arrangements must not undermine the principles of transparency, freedom of access to the network and fair competition between railway undertakings or otherwise breach Union or national law.