30 Amendments of Juozas IMBRASAS related to 2010/0253(COD)
Amendment 330 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Where the infrastructure manager, in its legal form, organisation or decision- making functions, is not independent of any railway undertaking, the functionsrelated to allocation of capacity and charge setting described in Sections 32 and 43 of Chapter IV shall be performed respectively by a charging body and by an allocation body that are independent in their legal form, organisation and decision-making from any railway undertaking.
Amendment 330 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Where the infrastructure manager, in its legal form, organisation or decision- making functions, is not independent of any railway undertaking, the functionsrelated to allocation of capacity and charge setting described in Sections 32 and 43 of Chapter IV shall be performed respectively by a charging body and by an allocation body that are independent in their legal form, organisation and decision-making from any railway undertaking.
Amendment 389 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. RInfrastructure managers shall supply to railway undertakings shall, on a non- discriminatory basis, be entitled to the minimum access package laid down in Annex III, point 1.
Amendment 389 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. RInfrastructure managers shall supply to railway undertakings shall, on a non- discriminatory basis, be entitled to the minimum access package laid down in Annex III, point 1.
Amendment 395 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
Amendment 395 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
Amendment 404 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Amendment 404 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Amendment 412 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 3
Article 13 – paragraph 2 – subparagraph 3
Requests by railway undertakings for access to the service facility may only be rejected if there are viable alternatives allowing them applying railway undertaking to operate the freight or passenger service concerned on the same or alternative routes under economically acceptable conditions. This shall not oblige the operator of the service facility to make investments in order to accommodate all requests by railway undertakings. The burden of provingof for the existence of a viable alternative lies with the operator of the service facilityregulatory body. The service provider shall be required to provide a justification of any denial of access to its facility or to the supply of the service concerned.
Amendment 412 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 3
Article 13 – paragraph 2 – subparagraph 3
Requests by railway undertakings for access to the service facility may only be rejected if there are viable alternatives allowing them applying railway undertaking to operate the freight or passenger service concerned on the same or alternative routes under economically acceptable conditions. This shall not oblige the operator of the service facility to make investments in order to accommodate all requests by railway undertakings. The burden of provingof for the existence of a viable alternative lies with the operator of the service facilityregulatory body. The service provider shall be required to provide a justification of any denial of access to its facility or to the supply of the service concerned.
Amendment 424 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 4
Article 13 – paragraph 2 – subparagraph 4
When the operator of the service facility encounters conflicts between different requests, he shall attempt the best possible matching of all requirements. If no viable alternative is available, and it is not possible to accommodate all requests for capacity for the relevant facility on the basis of demonstrated needs, the regulatory body referred to in Article 55 shall on its own initiative or on the basis of a complaint take appropriate action to ensure that an appropriate part of the capacity is devoted to railway undertakings other than the ones which are part of the body or firm to which the facility operator also belongs. However newly built maintenance and other technical facilities developed for specific new rolling stock may be reserved to the use of one railway undertaking for a period of five years from the start of their operation.
Amendment 424 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 4
Article 13 – paragraph 2 – subparagraph 4
When the operator of the service facility encounters conflicts between different requests, he shall attempt the best possible matching of all requirements. If no viable alternative is available, and it is not possible to accommodate all requests for capacity for the relevant facility on the basis of demonstrated needs, the regulatory body referred to in Article 55 shall on its own initiative or on the basis of a complaint take appropriate action to ensure that an appropriate part of the capacity is devoted to railway undertakings other than the ones which are part of the body or firm to which the facility operator also belongs. However newly built maintenance and other technical facilities developed for specific new rolling stock may be reserved to the use of one railway undertaking for a period of five years from the start of their operation.
Amendment 432 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 5
Article 13 – paragraph 2 – subparagraph 5
Amendment 432 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 5
Article 13 – paragraph 2 – subparagraph 5
Amendment 450 #
Proposal for a directive
Article 13 – paragraph 5
Article 13 – paragraph 5
Amendment 450 #
Proposal for a directive
Article 13 – paragraph 5
Article 13 – paragraph 5
Amendment 510 #
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. Member States may not apply this requirement to transportation of freight to or from third countries on a network whose track gauge is different from the main rail network within the Union.
Amendment 510 #
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. Member States may not apply this requirement to transportation of freight to or from third countries on a network whose track gauge is different from the main rail network within the Union.
Amendment 563 #
Proposal for a directive
Article 40 – paragraph 5 a (new)
Article 40 – paragraph 5 a (new)
5 a. Member States may lay down different rules for networks technologically separated from the main EU railway network if specific cooperation in the allocation of infrastructure capacities for traffic originating from or destined for third countries is needed.
Amendment 563 #
Proposal for a directive
Article 40 – paragraph 5 a (new)
Article 40 – paragraph 5 a (new)
5 a. Member States may lay down different rules for networks technologically separated from the main EU railway network if specific cooperation in the allocation of infrastructure capacities for traffic originating from or destined for third countries is needed.
Amendment 568 #
Proposal for a directive
Article 43 – paragraph 1 – subparagraph 1
Article 43 – paragraph 1 – subparagraph 1
The infrastructure manager shall adhere to the schedule for capacity allocation set out in Annex IX. Member States may adopt different schedules for capacity allocation for networks technologically separated from main EU railway network and to allow coordination with third countries' railway networks.
Amendment 568 #
Proposal for a directive
Article 43 – paragraph 1 – subparagraph 1
Article 43 – paragraph 1 – subparagraph 1
The infrastructure manager shall adhere to the schedule for capacity allocation set out in Annex IX. Member States may adopt different schedules for capacity allocation for networks technologically separated from main EU railway network and to allow coordination with third countries' railway networks.
Amendment 658 #
Proposal for a directive
Annex 2 – indent 2
Annex 2 – indent 2
– decision making on infrastructure charging, including determination and collection of the charges,
Amendment 658 #
Proposal for a directive
Annex 2 – indent 2
Annex 2 – indent 2
– decision making on infrastructure charging, including determination and collection of the charges,
Amendment 697 #
Proposal for a directive
Annex 6 – point 7 – subparagraph 1 (new)
Annex 6 – point 7 – subparagraph 1 (new)
If the conditions of competition with third countries so require, respective Member States may adopt different rules for charges on those networks where the track gauge is different from that of the main rail network within the Union. Such rules may be published within shorter time limits than laid down in this Directive and which are compatible with those in the relevant third countries.
Amendment 697 #
Proposal for a directive
Annex 6 – point 7 – subparagraph 1 (new)
Annex 6 – point 7 – subparagraph 1 (new)
If the conditions of competition with third countries so require, respective Member States may adopt different rules for charges on those networks where the track gauge is different from that of the main rail network within the Union. Such rules may be published within shorter time limits than laid down in this Directive and which are compatible with those in the relevant third countries.
Amendment 716 #
Proposal for a directive
Annex 8 – point 4 – subpoint b
Annex 8 – point 4 – subpoint b
(b) The infrastructure manager shall communicate to the railway undertakings the timetable, on the basis of which delays will be calculated, at least five days before the train run;. Member States may adopt different deadlines for networks technologically separated from the main EU railway network and to allow coordination with third countries railway networks.
Amendment 716 #
Proposal for a directive
Annex 8 – point 4 – subpoint b
Annex 8 – point 4 – subpoint b
(b) The infrastructure manager shall communicate to the railway undertakings the timetable, on the basis of which delays will be calculated, at least five days before the train run;. Member States may adopt different deadlines for networks technologically separated from the main EU railway network and to allow coordination with third countries railway networks.
Amendment 721 #
Proposal for a directive
Annex 9 – point 5 a (new)
Annex 9 – point 5 a (new)
5 a. Notwithstanding the above, in networks, connecting Member States and third countries, and whose track gauge is different from that of the main rail network within the Union, the scheduling and allocation process may be done under the specific procedures and terms which apply on this specific network.
Amendment 721 #
Proposal for a directive
Annex 9 – point 5 a (new)
Annex 9 – point 5 a (new)
5 a. Notwithstanding the above, in networks, connecting Member States and third countries, and whose track gauge is different from that of the main rail network within the Union, the scheduling and allocation process may be done under the specific procedures and terms which apply on this specific network.