15 Amendments of Joachim ZELLER related to 2013/0029(COD)
Amendment 86 #
Proposal for a directive
Recital 10
Recital 10
(10) The existing requirements of Directive 2012/34/EU only include legal, organisational and decision-making independence. This does not entirely exclude the possibility of maintaining an integrated undertaking, as long as these three categories of independence are ensured. Concerning the decision-making independence it must be mutual independence of the transport undertaking and the infrastructure manager is ensured thatin the appropriate safeguards exclude control of an integrated undertaking over the decision-making of an infrastructure manager. However, even the full application of such safeguards does not completely remove all the possibilities for discriminatory behaviour towards competitors which exist in the presence of a vertically integrated undertaking. In particular, the potential for cross- subsidisation still exists in integrated structures, or at least it is very difficult for regulatory bodies to control and enforce safeguards which are established to prevent such cross-subsidisation. An institutional separatessential functions, i.e. in decisions on the allocation of routes and infrastructure charging, stations, investments and maintenance. As far as independent decision-making is concerned, appropriate rules must be in place to prevent an integrated undertaking from exercising supervision over the decisions of an infrastructure management and transport operation is the most effective measure to solve these problemsr.
Amendment 191 #
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 2012/34/EU
Article 6 – paragraph 2
Article 6 – paragraph 2
2. In Article 6, paragraph 2 is deleted;replaced by the following: 2. To avoid incurring disproportionately high costs, the Member States may provide that, as long as the undertaking has fewer than 3 000 employees and its activities are restricted to urban transport and to an infrastructure of less than 150 km, distinct divisions may be set up within a single undertaking.
Amendment 204 #
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
Member States shall ensure that the infrastructure manager performs all the functions referred to in Article 3(2) and is independent from any railway undertaking as regards the essential functions, i.e. decisions on the allocation of routes and infrastructure charging, stations, investments and maintenance.
Amendment 208 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2012/34/EU
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
To guarantee the independence of the infrastructure manager, Member States shall ensure that infrastructure managers are organised in an entmay organise themselves independently in accordance wityh that is legally distinct from any railway undertakinge subsidiarity principle.
Amendment 209 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2012/34/EU
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Small-scale vertically integrated undertakings to which the following criteria apply shall be exempt from mandatory separation: - undertakings integrated since at least 1 January 2013; - undertakings maintaining a rail network no longer than 350 km; - undertakings with employees carrying out both infrastructure manager and train operator tasks.
Amendment 272 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 a – paragraph 3
Article 7 a – paragraph 3
3. The infrastructure manager’s incomes may not be used in order to finance other legal entities within the vertically integrated undertaking but only in order to finance the business of the infrastructure manager and to pay appropriate dividends to the ultimate owner of the vertically integrated company. Profit transfers shall not be permissible. The infrastructure manager may not grant loans to any other legal entities within the vertically integrated undertaking, and no other legal entity within the vertically integrated undertaking may grant loans to the infrastructure manager. Any services offered by other legal entities to the infrastructure manager shall be based on contracts and be paid at market prices. The debt attributed to the infrastructure manager shall be clearly separated from the debt attributed to other legal entities within the vertically integrated undertaking, and these debts shall be serviced separately. The accounts of the infrastructure manager and of the other legal entities within the vertically integrated undertaking shall be kept in a way that ensures the fulfilment of these provisions and allows for separate financial circuits for the infrastructure manager and for the other legal entities within the vertically integrated undertaking.
Amendment 311 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 b – paragraph 3 – subparagraph 1
Article 7 b – paragraph 3 – subparagraph 1
The infrastructure manager shall have a Supervisory Board which is composed of representatives of the ultimate owners of the vertically integrated undertaking and representatives of the competent local and regional authorities where these are not already represented.
Amendment 334 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 b – paragraph 5
Article 7 b – paragraph 5
5. The infrastructure manager shall have its own staff and be located in separate premises from the other legal entities within the vertically integrated undertaking. Access to information systems shall be protected to ensure the independence of the infrastructure manager. Internal rules or staff contracts shall clearly limit contacts with the other legal entities within the vertically integrated undertaking to official communications connected with the exercise of the functions of the infrastructure manager which are also exercised in relation to other railway undertakings outside the vertically integrated undertaking. Transfers of staff other than those referred to under point (c) between the infrastructure manager and the other legal entities within the vertically integrated undertaking shall only be possible if it can be ensured that sensitive information will not be passed on between them. In line with established practices under commercial law, however, the staff concerned shall not disclose business secrets relating to their former activities.
Amendment 368 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 c – paragraph 2
Article 7 c – paragraph 2
2. The Commission shall be entitled to require all necessary information within a reasonable deadline from the Member State where the vertically integrated undertaking is established. The Commission shall consult the regulatory body or bodies concerned and, if appropriate,, the relevant competent authorities and the network of regulatory bodies referred to in Article 57.
Amendment 373 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 c – paragraph 3
Article 7 c – paragraph 3
Amendment 390 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 d – paragraph 1
Article 7 d – paragraph 1
1. Member States shall ensure that infrastructure managers set up and organise Coordination Committees for each network. Membership of this committee shall be open at least to the infrastructure manager, known applicants in the sense of Article 8(3) and, upon their request, potential applicants, their representative organisations, representatives of users of the rail freight and passenger transport services and, wher the relevant, regional and local authorities. Member State representatives and the regulatory body concerned shall be invited to the meetings of the Coordination Committee as observers.
Amendment 411 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 d – paragraph 3 a (new)
Article 7 d – paragraph 3 a (new)
Amendment 418 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 e – paragraph 1 – subparagraph 1
Article 7 e – paragraph 1 – subparagraph 1
Within two years following transposition of this Directive, Member States shall ensure thatrequire infrastructure managers to participate and cooperate in a network to develop the Union rail infrastructure, in particular to ensure timely and efficient implementation of the trans-European transport network, including the core network corridors, rail freight corridors according to Regulation (EU) No 913/2010 and the European Rail Traffic Management System (ERTMS) deployment plan laid down in Decision 2012/88/EU, and the efficiency of regional cross-border cooperation within railway transport.
Amendment 462 #
Proposal for a directive
Article 1 – point 6 – point d
Article 1 – point 6 – point d
Directive 2012/34/EU
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
'In order to determine whether the economic equilibrium of a public service contract would be compromised, the relevant regulatory body or bodies referred to in Article 55 shall make an objective economic analysis and base its decision on pre-determined criteria. They shall determine this after a request from any of the following, submitted within onetwo months from the information on the intended passenger service referred to in Article 38(4):
Amendment 489 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2012/34/EU
Article 13 a – paragraph 1
Article 13 a – paragraph 1
1. Without prejudice to Regulation (EC) No 1371/2007 and Directive 2010/40/EU, Member States mayshall require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets, through- tickets and reservations or decide to give the power to competent authorities to establish such a scheme. IfWhen such a scheme is established, Member States shall ensure that it does not create market distortion or discriminate between railway undertakings and that it is managed by a public or private legal entity or an association of all railway undertakings operating passenger services. A group of representatives of local and regional authorities shall be fully involved in decision-taking within that legal entity or association.