Activities of Werner KUHN related to 2010/0253(COD)
Plenary speeches (2)
Single European railway area (debate)
Single European railway area (debate)
Shadow reports (2)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council establishing a single European railway area (recast) PDF (367 KB) DOC (527 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council establishing a single European railway area (recast) PDF (615 KB) DOC (955 KB)
Amendments (32)
Amendment 161 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The strict separation of accounts between infrastructure manager and railway undertaking must be ensured. Public funds allocated to one of the fields of activity shall not be transferred to another field of activity. This prohibition must be clearly displayed in the accounting rules of each field of activity. Member States shall ensure the effective application of this prohibition.
Amendment 161 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The strict separation of accounts between infrastructure manager and railway undertaking must be ensured. Public funds allocated to one of the fields of activity shall not be transferred to another field of activity. This prohibition must be clearly displayed in the accounting rules of each field of activity. Member States shall ensure the effective application of this prohibition.
Amendment 306 #
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. Member States shall provide that income from infrastructure charges, surpluses from other commercial activities and State funding of the infrastructure manager shall not be transferable to another legal entity.
Amendment 306 #
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. Member States shall provide that income from infrastructure charges, surpluses from other commercial activities and State funding of the infrastructure manager shall not be transferable to another legal entity.
Amendment 309 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. TIn order to ensure full transparency of infrastructure costs, the accounts for the different areas of activity referred to in paragraphs 1, 2 a and 3 shall be kept in a way that allows monitoring of the prohibition on transferring public funds paid to oneincome from infrastructure charges, surpluses from other commercial activities of and public funds paid to the infrastructure manager to another area of activity to another.
Amendment 309 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. TIn order to ensure full transparency of infrastructure costs, the accounts for the different areas of activity referred to in paragraphs 1, 2 a and 3 shall be kept in a way that allows monitoring of the prohibition on transferring public funds paid to oneincome from infrastructure charges, surpluses from other commercial activities of and public funds paid to the infrastructure manager to another area of activity to another.
Amendment 316 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Amendment 316 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Amendment 328 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 328 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 334 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. When the provisBy the date of transpositions of Chapter IV, Sections 2 and 3 refer to essential functions of an infrastructure manager, they shall be understood as applying to the charging body or the allocation body for their respective competenciesthis Directive, Member States shall report to the Commission on how the obligations of Annex I a have been implemented. The Commission shall then report to the European Parliament and to the Council on this implementation.
Amendment 334 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. When the provisBy the date of transpositions of Chapter IV, Sections 2 and 3 refer to essential functions of an infrastructure manager, they shall be understood as applying to the charging body or the allocation body for their respective competenciesthis Directive, Member States shall report to the Commission on how the obligations of Annex I a have been implemented. The Commission shall then report to the European Parliament and to the Council on this implementation.
Amendment 339 #
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3 a. Without prejudice to the criteria laid down in Annex Ia transfer of staff shall be allowed between infrastructure managers and railway undertakings under the condition that the prohibition on transferring commercially sensitive information related to the essential functions is duly respected. The transfer of such staff shall respect the relevant national law and regulatory provisions on health, safety, social conditions and the rights of workers and shall not lead to any deterioration of the social and working conditions of workers.
Amendment 339 #
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3 a. Without prejudice to the criteria laid down in Annex Ia transfer of staff shall be allowed between infrastructure managers and railway undertakings under the condition that the prohibition on transferring commercially sensitive information related to the essential functions is duly respected. The transfer of such staff shall respect the relevant national law and regulatory provisions on health, safety, social conditions and the rights of workers and shall not lead to any deterioration of the social and working conditions of workers.
Amendment 382 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 2
Article 11 – paragraph 2 – subparagraph 2
The competent authorities and the railway undertakings providing the public services shall provide the relevant regulatory body or bodies with the information reasonably required to reach a decision. The regulatory body shall consider the information provided, consulting all the relevant parties as appropriate, and shall inform the relevant parties of its reasoned decision within a pre-determined, reasonable time, and, in any case, within twoone months of receipt of all relevant information.
Amendment 382 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 2
Article 11 – paragraph 2 – subparagraph 2
The competent authorities and the railway undertakings providing the public services shall provide the relevant regulatory body or bodies with the information reasonably required to reach a decision. The regulatory body shall consider the information provided, consulting all the relevant parties as appropriate, and shall inform the relevant parties of its reasoned decision within a pre-determined, reasonable time, and, in any case, within twoone months of receipt of all relevant information.
Amendment 588 #
Proposal for a directive
Article 55 – paragraph 1
Article 55 – paragraph 1
(1) Each Member State shall establish a single national regulatory body for the railway sector. This body shall be a stand- alone authority which is, in organisational, functional, hierarchical and decision- making terms, legally distinct and independent from any other public authority. It shall also be independent in its organisation, funding decisions, legal structure and decision-making from any infrastructure manager, charging body, allocation body or applicant. It shall furthermore be functionally independent from any competent authority involved in the award of a public service contract. The regulatory body shall have the necessary human and material resources to carry out the tasks assigned to it by Article 56.
Amendment 588 #
Proposal for a directive
Article 55 – paragraph 1
Article 55 – paragraph 1
(1) Each Member State shall establish a single national regulatory body for the railway sector. This body shall be a stand- alone authority which is, in organisational, functional, hierarchical and decision- making terms, legally distinct and independent from any other public authority. It shall also be independent in its organisation, funding decisions, legal structure and decision-making from any infrastructure manager, charging body, allocation body or applicant. It shall furthermore be functionally independent from any competent authority involved in the award of a public service contract. The regulatory body shall have the necessary human and material resources to carry out the tasks assigned to it by Article 56.
Amendment 590 #
Proposal for a directive
Article 55 – paragraph 1 – point a (new)
Article 55 – paragraph 1 – point a (new)
(a) The regulatory body shall be required to decide on any complaints and take action to remedy the situation within a maximum period of one month from receipt of all information. In the event of an appeal against a refusal to grant infrastructure capacity, or against the terms of an offer of capacity, the regulatory body shall either confirm that no modification of the infrastructure manager's decision is required, or it shall require modification of that decision in accordance with directions specified by the regulatory body.
Amendment 590 #
Proposal for a directive
Article 55 – paragraph 1 – point a (new)
Article 55 – paragraph 1 – point a (new)
(a) The regulatory body shall be required to decide on any complaints and take action to remedy the situation within a maximum period of one month from receipt of all information. In the event of an appeal against a refusal to grant infrastructure capacity, or against the terms of an offer of capacity, the regulatory body shall either confirm that no modification of the infrastructure manager's decision is required, or it shall require modification of that decision in accordance with directions specified by the regulatory body.
Amendment 595 #
Proposal for a directive
Article 55 – paragraph 3
Article 55 – paragraph 3
(3) The president and governing board of the regulatory body for the railway sector shall be appointed for a fixed and renewable term under clear rules which guarantee independence and shall be confirmed by the national parliament. They shall be selected from among persons who have had no professional position or responsibility, interest or business relationship, directly or indirectly, with the regulated undertakings or entities for a period of three years before their appointment, and during their term of office. Afterwards, they shall have no professional position or responsibility, interest or business relationship with any of the regulated undertakings or entities for a period of not less than three years. They shall have full authority over the recruitment and management of the staff of the regulatory body.
Amendment 595 #
Proposal for a directive
Article 55 – paragraph 3
Article 55 – paragraph 3
(3) The president and governing board of the regulatory body for the railway sector shall be appointed for a fixed and renewable term under clear rules which guarantee independence and shall be confirmed by the national parliament. They shall be selected from among persons who have had no professional position or responsibility, interest or business relationship, directly or indirectly, with the regulated undertakings or entities for a period of three years before their appointment, and during their term of office. Afterwards, they shall have no professional position or responsibility, interest or business relationship with any of the regulated undertakings or entities for a period of not less than three years. They shall have full authority over the recruitment and management of the staff of the regulatory body.
Amendment 603 #
Proposal for a directive
Article 56 – paragraph 2
Article 56 – paragraph 2
(2) The regulatory body shall also have the power to monitor the competition in the rail services markets and review points (a) to (g) of paragraph 1 on its own initiative and with a view to preventing discrimination between applicants. It shall, in particular, check whether the network statement contains discriminatory clauses or creates discretionary powers for the infrastructure manager that may be used to discriminate between applicants. The regulatory body shall have the necessary organisational capacityhuman and material resources to carry out these tasks.
Amendment 603 #
Proposal for a directive
Article 56 – paragraph 2
Article 56 – paragraph 2
(2) The regulatory body shall also have the power to monitor the competition in the rail services markets and review points (a) to (g) of paragraph 1 on its own initiative and with a view to preventing discrimination between applicants. It shall, in particular, check whether the network statement contains discriminatory clauses or creates discretionary powers for the infrastructure manager that may be used to discriminate between applicants. The regulatory body shall have the necessary organisational capacityhuman and material resources to carry out these tasks.
Amendment 612 #
Proposal for a directive
Article 56 – paragraph 5 – subparagraph 1
Article 56 – paragraph 5 – subparagraph 1
The regulatory body shall be required to decide on any complaints and take action to remedy the situation within a maximum period of twoone months from receipt of all information. Where appropriate, it shall decide on its own initiative on appropriate measures to correct undesirable developments in these markets, in particular with reference to points (a) to (g) of paragraph 1.
Amendment 612 #
Proposal for a directive
Article 56 – paragraph 5 – subparagraph 1
Article 56 – paragraph 5 – subparagraph 1
The regulatory body shall be required to decide on any complaints and take action to remedy the situation within a maximum period of twoone months from receipt of all information. Where appropriate, it shall decide on its own initiative on appropriate measures to correct undesirable developments in these markets, in particular with reference to points (a) to (g) of paragraph 1.
Amendment 627 #
Proposal for a directive
Article 57 – paragraph 1 – subparagraph 1 a (new)
Article 57 – paragraph 1 – subparagraph 1 a (new)
The Commission representatives shall comprise representatives from both the Directorate-General for Competition and the Directorate-General for Mobility and Transport.
Amendment 627 #
Proposal for a directive
Article 57 – paragraph 1 – subparagraph 1 a (new)
Article 57 – paragraph 1 – subparagraph 1 a (new)
The Commission representatives shall comprise representatives from both the Directorate-General for Competition and the Directorate-General for Mobility and Transport.
Amendment 651 #
Proposal for a directive
Annex 1 – indent 10 a (new)
Annex 1 – indent 10 a (new)
- goods stations and goods transport centres;
Amendment 651 #
Proposal for a directive
Annex 1 – indent 10 a (new)
Annex 1 – indent 10 a (new)
- goods stations and goods transport centres;
Amendment 655 #
Proposal for a directive
Annex 1 a (new)
Annex 1 a (new)
Amendment 655 #
Proposal for a directive
Annex 1 a (new)
Annex 1 a (new)