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65 Amendments of Artur ZASADA related to 2013/0029(COD)

Amendment 54 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Recital 6
(6) Member States should also ensure that all functions necessary to the sustainable operations, maintenance, and development of the rail infrastructure will be managed in a consistent manner by the infrastructure manager itself.deleted
2013/09/26
Committee: TRAN
Amendment 58 #
Artur ZASADA, Bogdan Kazimierz MARCINKIEWICZ
Proposal for a directive
Recital 6
(6) Member States should also ensure that all functions necessary to the sustainable operations, maintenance, and development of the rail infrastructure will be managed in a consistent manner by the infrastructure manager itself, which does not prevent a Member State from having many managers operating on stand-alone rail lines or sections thereof.
2013/09/26
Committee: TRAN
Amendment 60 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Recital 7
(7) Cross-border issues should be addressed efficiently between infrastructure managers of the different Member States through the establishment of a European network of infrastructure managers.deleted
2013/09/26
Committee: TRAN
Amendment 65 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Recital 8
(8) In order to ensure equal access to the infrastructure, any conflicts of interest resulting from integrated structures encompassing infrastructure management and transport activities should be removed. Removing incentives to discriminate against competitors is the only way to guarantee equal access to the railway infrastructure. It is a requirement for the successful opening of the market for domestic passenger transport services by rail. This should also remove the potential for cross-subsidisation, which exists in such integrated structures, and which also leads to market distortions.deleted
2013/09/26
Committee: TRAN
Amendment 74 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Recital 9
(9) The existing requirements for the independence of infrastructure managers from railway transport undertakings, as laid down in Directive 2012/34/EU, only cover the essential functions of the infrastructure manager, which are the decision-making on train path allocation, and the decision-making on infrastructure charging. It is however necessary that all the functions are exercised in an independent way, since other functions may equally be used to discriminate against competitors. This is in particular true for decisions on investments or on maintenance which may be made to favour the parts of the network which are mainly used by the transport operators of the integrated undertaking. Decisions on the planning of maintenance works may influence the availability of train paths for the competitors.deleted
2013/09/26
Committee: TRAN
Amendment 82 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
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 ensured that 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 separation of infrastructure management and transport operation is the most effective measure to solve these problems.Deleted
2013/09/26
Committee: TRAN
Amendment 91 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Recital 11
(11) Member States should therefore be required to ensure that the same legal or natural person or persons are not entitled to exercise control over an infrastructure manager and, at the same time, exercise control or any right over a railway undertaking. Conversely, control over a railway undertaking should preclude the possibility of exercising control or any right over an infrastructure manager.deleted
2013/09/26
Committee: TRAN
Amendment 98 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Recital 12
(12) Where Member States still maintain an infrastructure manager which is part of a vertically integrated undertaking, they should at least introduce strict safeguards to guarantee effective independence of the entire infrastructure manager in relation to the integrated undertaking. These safeguards should not only concern the corporate organisation of the infrastructure manager in relation to the integrated undertaking, but also the management structure of the infrastructure manager, and, as far as possible within an integrated structure, prevent financial transfers between the infrastructure manager and the other legal entities of the integrated undertaking. These safeguards do not only correspond to what is necessary to fulfil the existing requirements of decision-making independence of the essential functions under Directive 2012/34/EU, in terms of management independence of the infrastructure manager, but go beyond those requirements by adding clauses to exclude that incomes of the infrastructure manager may be used to fund the other entities within the vertically integrated undertaking. This should apply independently of the application of fiscal legislation of Member States and without prejudice to EU state aid rules.deleted
2013/09/26
Committee: TRAN
Amendment 106 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Recital 13
(13) Despite the implementation of the safeguards guaranteeing independence vertically integrated undertakings could abuse of their structure to provide undue competitive advantages for railway operators belonging to such undertakings, For this reason, without prejudice to Art 258 of the Treaty on the Functioning of the European Union, the Commission should verify, upon request of a Member State or on its own initiative, that these safeguards are effectively implemented and that any remaining distortions of competition are removed. In case the Commission is not in a position to confirm that this has been achieved, all Member States should have the possibility to limit or revoke access rights of the integrated operators concerned.Deleted
2013/09/26
Committee: TRAN
Amendment 121 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Recital 19
(19) In order to increase the attractiveness of railway services for passengers, Member States should be in a position to 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. If such a scheme is established, it should be ensured that it does not create market distortion or discriminate between railway undertakings.deleted
2013/09/26
Committee: TRAN
Amendment 130 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Recital 19 a (new)
(19a) In the light of the experience acquired through the network of regulatory bodies provided for in Article 57 of Directive 2012/34/EU, the Commission may draw up a legislative proposal strengthening establishing a European regulatory body.
2013/09/26
Committee: TRAN
Amendment 138 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Recital 19 b (new)
(19b) The Commission should assess the impact of this Directive on the development of the labour market for railway staff.
2013/09/26
Committee: TRAN
Amendment 144 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Recital 20 a (new)
(20a) The regulatory framework set by the Member State should set incentives for all rail market participants to fulfil their tasks in an efficient and market-oriented way.
2013/09/26
Committee: TRAN
Amendment 145 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Recital 20 b (new)
(20b) The regulatory body should analyse rail system efficiency from the viewpoint of productive efficiency, namely the ability to provide the same level of output at a lower cost, or a higher level of output at the same cost.
2013/09/26
Committee: TRAN
Amendment 146 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Recital 20 c (new)
(20c) Lessons learnt at national level from rail sector reforms need to be respected in the context of EU law.
2013/09/26
Committee: TRAN
Amendment 147 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Recital 20 d (new)
(20d) A new open access service should be allowed to access the market unhindered provided that the new service is mainly revenue-generating rather than revenue- abstracting for the rail sector, and provided that the revenue loss for the operator under the relevant public service contract is not substantial. A mainly revenue-generating service should mean a service whose net benefit in terms of new rail sector revenues exceeds any losses of revenues incurred by the operator under the relevant public service contract. New rail sector revenues should be understood as revenues deriving from passenger flows that are either taken from other modes or that constitute entirely new travel flows. When estimating the revenue loss of the operator under the public service contract, the regulatory body should estimate the total decrease in revenue under the public service contract assuming the new open access entry, as compared to a baseline without the open access entry, other things assumed equal. For this assessment, the regulatory body may define a threshold. In addition, total rail passenger volume, e.g. in terms of passenger-kilometres, may also be defined as a criterion in the assessment. The competent authority that awarded the public service contract should compensate the railway undertaking performing the public service contract for the losses of revenue it incurs as a result of a new open access service until the date of expiry of the PSO contract.
2013/09/26
Committee: TRAN
Amendment 159 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 1 – point a
Directive 2012/34/EU
Article 3
(a) Point 2 is replaced by the following: (2) “infrastructure manager” means any body or firm ensuring the development, operation and maintenance of railway infrastructure on a network; development includes network planning, financial and investment planning as well as building and upgrades of the infrastructure; operation of the infrastructure includes all elements of the process of train path allocation, including both the definition and the assessment of availability and the allocation of individual paths, traffic management and infrastructure charging, including determination and collection of the charges; maintenance includes infrastructure renewals and the other asset management activitiesdeleted
2013/09/26
Committee: TRAN
Amendment 163 #
Artur ZASADA, Bogdan Kazimierz MARCINKIEWICZ
Proposal for a directive
Article 1 – point 1 – point a
Directive 2012/34/EU
Article 3 – point 2
»(2) ‘infrastructure manager’ means any body or firm ensuring, in particular, the development, operation and maintenance of railway infrastructure on a network; development includes network planning, financial and investment planning as well as building and upgrades of the infrastructure; operation of the infrastructure includes all elements of the process of train path allocation, including both the definition and the assessment of availability and the allocation of individual paths, traffic management and infrastructure charging, including determination and collection of the charges; maintenance includes infrastructure renewals and the other asset management activities’;
2013/09/26
Committee: TRAN
Amendment 168 #
Artur ZASADA, Bogdan Kazimierz MARCINKIEWICZ
Proposal for a directive
Article 1 – point 1 – point b
b) Point 5 is deleted;
2013/09/26
Committee: TRAN
Amendment 179 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 1 – point c – indent 3a (new)
Directive 2012/34/EU
Article 3 – point 31 – indent 3 a (new)
or - an undertaking consisting of distinct divisions, including an infrastructure manager and one or several divisions providing transport services that do not necessarily have distinct legal personalities;
2013/09/26
Committee: TRAN
Amendment 190 #
Artur ZASADA, Bogdan Kazimierz MARCINKIEWICZ
Proposal for a directive
Article 1 – point 2
2) In Article 6, paragraph 2 is deleted;
2013/09/26
Committee: TRAN
Amendment 194 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 3
3. [...]deleted
2013/09/26
Committee: TRAN
Amendment 249 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 4
4. [...]deleted
2013/09/26
Committee: TRAN
Amendment 255 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 4
Directive 2012/34/EU
Article 7 a – title
Effective independence of the infrastructure manager within a vertically integrated undertakingdeleted
2013/09/26
Committee: TRAN
Amendment 257 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 4
Directive 2012/34/EU
Article 7 a – paragraph 1
1. Member States shall ensure that the infrastructure manager shall be organised in a body which is legally distinct from any railway undertaking or holding company controlling such undertakings and from any other legal entities within a vertically integrated undertaking.deleted
2013/09/26
Committee: TRAN
Amendment 261 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 4
Directive 2012/34/EU
Article 7 a – paragraph 2
2. Legal entities within the vertically integrated undertaking that are active in railway transport services markets shall not have any direct or indirect shareholding in the infrastructure manager. Nor shall the infrastructure manager have any direct or indirect shareholding in any legal entities within the vertically integrated undertaking active in railway transport services markets.deleted
2013/09/26
Committee: TRAN
Amendment 267 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 4
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 dividends to the ultimate owner of the vertically integrated company. 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.deleted
2013/09/26
Committee: TRAN
Amendment 274 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 4
Directive 2012/34/EU
Article 7 a – paragraph 4
4. Without prejudice to Article 8(4), the infrastructure manager shall raise funds on the capital markets independently and not via other legal entities within the vertically integrated undertaking. Other legal entities within the vertically integrated undertaking shall not raise funds via the infrastructure manager.deleted
2013/09/26
Committee: TRAN
Amendment 278 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 4
Directive 2012/34/EU
Article 7 a – paragraph 5
5. The infrastructure manager shall keep detailed records of any commercial and financial relations with the other legal entities within the vertically integrated undertaking and make them available to the regulatory body upon request, in accordance with Article 56(12).deleted
2013/09/26
Committee: TRAN
Amendment 281 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 4
Directive 2012/34/EU
Article 7b
[...]deleted
2013/09/26
Committee: TRAN
Amendment 285 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 4
Directive 2012/34/EU
Article 7b – title
Effective independence of the staff and management of the infrastructure manager within a vertically integrated undertakingdeleted
2013/09/26
Committee: TRAN
Amendment 289 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 4
Directive 2012/34/EU
Article 7 b – paragraph 1
1. Without prejudice to the decisions of the regulatory body under Article 56, the infrastructure manager shall have effective decision-making powers, independent from the other legal entities within the vertically integrated undertaking, with respect to all the functions referred to in Article 3(2). The overall management structure and the corporate statutes of the infrastructure manager shall ensure that none of the other legal entities within the vertically integrated undertaking shall determine, directly or indirectly, the behaviour of the infrastructure manager in relation to these functions.deleted
2013/09/26
Committee: TRAN
Amendment 294 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 4
Directive 2012/34/EU
Article 7 b – paragraph 2
2. The members of the management board and senior staff members of the infrastructure manager shall not be in the supervisory or management boards or be senior staff members of any other legal entities within the vertically integrated undertaking. The members of the supervisory or management boards and senior staff members of the other legal entities within the vertically integrated undertaking shall not be in the management board or be senior staff members of the infrastructure manager.deleted
2013/09/26
Committee: TRAN
Amendment 306 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 4
Directive 2012/34/EU
Article 7 b – paragraph 3
3. The infrastructure manager shall have a Supervisory Board which is composed of representatives of the ultimate owners of the vertically integrated undertaking. The Supervisory Board may consult the Coordination Committee referred to under Article 7d on issues under its competence. Decisions regarding the appointment and renewal, working conditions including remuneration, and termination of the office of the management board members of the infrastructure manager shall be taken by the Supervisory Board. The identity and the conditions governing the duration and the termination of office of the persons nominated by the Supervisory Board for appointment or renewal as members of the management board of the infrastructure manager, and the reasons for any proposed decision terminating the office, shall be notified to the regulatory body referred to in Article 55. Those conditions and the decisions referred to in this paragraph shall become binding only if the regulatory body has expressly approved them. The regulatory body may object to such decisions where doubts arise as to the professional independence of a person nominated for the management board or in the case of premature termination of office of a member of the management board of the infrastructure manager. Effective rights of appeal to the regulatory body shall be granted for members of the management board who wish to enter complaints against the premature termination of the office.deleted
2013/09/26
Committee: TRAN
Amendment 321 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 4
Directive 2012/34/EU
Article 7 b – paragraph 4
For a period of three years after leaving the infrastructure manager, members of the Supervisory Board or management board and senior staff members of the infrastructure manager shall not be entitled to hold any senior position with any other legal entities within the vertically integrated undertaking. For a period of three years after leaving those other legal entities within the vertically integrated undertaking, their supervisory or management boards' members and senior staff members shall not be entitled to hold any senior position with the infrastructure manager.deleted
2013/09/23
Committee: TRAN
Amendment 329 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 4
Directive 2012/34/EU
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.deleted
2013/09/23
Committee: TRAN
Amendment 337 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 4
Directive 2012/34/EU
Article 7 b – paragraph 6
6. The infrastructure manager shall have the necessary organisational capacity to perform all of its functions independently from the other legal entities within the vertically integrated undertaking and shall not be allowed to delegate to these legal entities the operation of these functions or any activities related to them.deleted
2013/09/23
Committee: TRAN
Amendment 344 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 4
Directive 2012/34/EU
Article 7 b – paragraph 7
7. The members of the supervisory or management boards and senior staff of the infrastructure manager shall hold no interest in or receive any financial benefit, directly or indirectly, from any other legal entities within the vertically integrated undertaking. Performance-based elements of their remuneration shall not depend on the business results of any other legal entities within the vertically integrated undertaking or any legal entities under its control, but exclusively on those of the infrastructure manager.deleted
2013/09/23
Committee: TRAN
Amendment 351 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 4
Directive 2012/34/EU
Article 7 c
[...]deleted
2013/09/23
Committee: TRAN
Amendment 356 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 4
Directive 2012/34/EU
Article 7c – Title
Procedure of verification of compliancedeleted
2013/09/23
Committee: TRAN
Amendment 360 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 4
Directive 2012/34/EU
Article 7 c – paragraph 1
1. Upon request of a Member State or on its own initiative, the Commission shall decide whether infrastructure managers which are part of a vertically integrated undertaking fulfil the requirements of Article 7a and Article 7b and whether the implementation of these requirements is appropriate to ensure a level playing field for all railway undertakings and the absence of distortion of competition in the relevant market.deleted
2013/09/23
Committee: TRAN
Amendment 367 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 4
Directive 2012/34/EU
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 network of regulatory bodies referred to in Article 57.deleted
2013/09/23
Committee: TRAN
Amendment 372 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 4
Directive 2012/34/EU
Article 7c – paragraph 3
3. Member States may limit the rights of access provided for in Article 10 to railway undertakings which are part of the vertically integrated undertaking to which the infrastructure manager concerned belongs, if the Commission informs Member States that no request has been made in accordance with paragraph 1 or pending the examination of the request by the Commission or if it decides, in accordance with the procedure referred to in Article 62(2), that: (a) no adequate replies to the Commission information requests in accordance with paragraph 2 have been made, or (b) the infrastructure manager concerned does not fulfil the requirements set out in Articles 7a and 7b, or (c) the implementation of requirements set out in Articles 7a and 7b is not sufficient to ensure a level playing field for all railway undertakings and the absence of distortion of competition in the Member State where the infrastructure manager concerned is established. The Commission shall decide within a reasonable period of time.deleted
2013/09/23
Committee: TRAN
Amendment 379 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 4
Directive 2012/34/EU
Article 7c – paragraph 4
4. The Member State concerned may request the Commission to repeal its decision referred to in paragraph 3, in accordance with the procedure referred to in Article 62(2), when that Member State demonstrates to the satisfaction of the Commission that the reasons for the decision do not exist any longer. The Commission shall decide within a reasonable period of time.deleted
2013/09/23
Committee: TRAN
Amendment 382 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 4
Directive 2012/34/EU
Article 7 c – paragraph 5
5. Without prejudice to paragraphs 1 to 4, the on-going compliance with the requirements set out in Articles 7a and 7b shall be monitored by the regulatory body referred to in Article 55. Any applicant shall have the right to appeal to the regulatory body if it believes that these requirements are not complied with. Upon such an appeal, the regulatory body shall decide, within the time-limits indicated in Article 56(9), on all the necessary measures to remedy the situation.deleted
2013/09/23
Committee: TRAN
Amendment 385 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 4
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, bodies responsible for essential functions, 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, where 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.
2013/09/23
Committee: TRAN
Amendment 402 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 4
Directive 2012/34/EU
Article 7 d – paragraph 2 – subparagraph 2
Without prejudice to commercial confidentiality, The Coordination Committee shall have the power to request relevant information from the infrastructure managany of its members on points (a) to (g) in order to be able to carry out these tasks.
2013/09/23
Committee: TRAN
Amendment 407 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 4
Directive 2012/34/EU
Article 7 d – paragraph 3
3. The Coordination Committee shall draw up rules of procedure that include, in particular, rules on participation in and frequency of meetings which shall be at least quarterly. A report of the Coordination Committee's discussions shall be submitted annually to the infrastructure manager, the Member State, and the regulatory body concerned and the Commission with an indication of the respective positions taken by the Committee members.
2013/09/23
Committee: TRAN
Amendment 413 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 4
Directive 2012/34/EU
Article 7 e – paragraph 1 – subparagraph 1
Member States shall ensure that infrastructure managers 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 .deleted
2013/09/23
Committee: TRAN
Amendment 424 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 4
Directive 2012/34/EU
Article 7 e – paragraph 1 – subparagraph 2
The Commission shall be a member of the Network. It shall coordinate and support the work of the Network and make recommendations to the Network, as appropriate. It shall ensure the active cooperation of the appropriate infrastructure managers.deleted
2013/09/23
Committee: TRAN
Amendment 428 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 4
Directive 2012/34/EU
Article 7 e – paragraph 1 – subparagraph 2 a (new)
In light of the experience gained from the 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, as well as the experience gained from the implementation of Articles 37 and 40 of this directive with respect to infrastructure charging and capacity allocation across more than one network, and based on a consultation of infrastructure managers and railway undertakings, the European Commission shall, if appropriate, propose legislative measures, aiming at enhancing cooperation between infrastructure managers for the purpose of supporting growth in rail's modal share while respecting the principles of subsidiarity and proportionality, and shall assess the impact of any such measures.
2013/09/23
Committee: TRAN
Amendment 429 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 4
Directive 2012/34/EU
Article 7 e – paragraph 2
2. The Network shall participate in the market monitoring activities referred to in Article 15 and benchmark the efficiency of infrastructure managers on the basis of common indicators and quality criteria, such as the reliability, capacity, availability, punctuality and safety of their networks, asset quality and utilisation, maintenance, renewals, enhancements, investments and financial efficiency.deleted
2013/09/23
Committee: TRAN
Amendment 436 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 4
3. The Commission may adopt measures setting out the common principles and practices of the Network, in particular to ensure consistency in benchmarking, and the procedures to be followed for cooperation in the Network. Those measures shall be adopted by means of an implementing act in accordance with the procedure referred to in Article 62(3).deleted
2013/09/23
Committee: TRAN
Amendment 451 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 6 – point a
Directive 2012/34/EU
Article 11 – paragraph 1
1. Member States may limit the right of access provided for in Article 10(2) to passenger services between a given place of departure and a given destination when one or more public service contracts cover the same route or an alternative route if the exercise of this right would compromise the economic equilibrium of the public service contract or contracts in question. Competent authorities and infrastructure managers shall give advance notice to all interested parties of capacity requests pursuant to Regulation 1370/2007 that may conflict with the rights of access pursuant to Article 10 of this Directive. All passenger services that are not part of a public service contract shall be referred to as open access services. If a competent authority creates a new public service contract, or extends the scope of an existing one, in the sense of using more infrastructure capacity than was previously used, the undertakings that provide existing open access services which may be affected by that decision shall not be subject to any limitations in access rights. These undertakings shall receive advance notice of the decision and, if justified, financial compensation based on a decision of the regulatory body, based on a procedure analogous to the one defined in this article for determining a prejudice to economic equilibrium.
2013/09/23
Committee: TRAN
Amendment 460 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 6 – point b
Directive 2012/34/EU
Article 11 – paragraph 2
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 wi economic equilibrium of the public service contract shall not be deemed to be compromised if the regulatory body predicts that the prospective new service shall be mainly revenue-generating rather thian one month from the information on the intended passenger service referred to in Article 38(4):revenue- abstracting for the rail sector, and that the revenue loss for the set of services under the public service contract, if any, shall not be substantial.
2013/09/23
Committee: TRAN
Amendment 466 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 6 – point b
Directive 2012/34/EU
Article 11 – paragraph 2 – subparagraph 2
The relevant regulatory body shall carry out the economic analysis and issue the reasoned decision referred to in this paragraph following a request from the railway undertaking seeking access, provided that the request is submitted not more than a reasonable number of years before the intended start of service. Without prejudice to paragraph 3, the decision of the regulatory body shall be binding on all parties concerned for a reasonable number of years after its notification, or until the expiry date of the public service contract, whichever is sooner. The competent authority that awarded the public service contract shall compensate the railway undertaking performing the public service contract for the losses of revenue it incurs as a result of the new service until the date of expiry of the PSO contract.
2013/09/23
Committee: TRAN
Amendment 477 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 7
Directive 2012/34/EU
Article 13 a – paragraph 1
1. Without prejudice to Regulation (EC) No 1371/2007 and Directive 2010/40/EU, Member States may 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. If 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.deleted
2013/09/23
Committee: TRAN
Amendment 493 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 7
Directive 2012/34/EU
Article 13 a – paragraph 2
2. Member States shall require railway undertakings operating passenger services to put in place and coordinate contingency plans to provide assistance to passengers, in the sense of Article 18 of Regulation (EC) No 1371/2007,set up and coordinate with respect to major EU routes, national contingency plans to provide assistance to passengers in the event of a major disruption to services.
2013/09/23
Committee: TRAN
Amendment 505 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 - point 7b (new)
Directive 2012/34/EU
Article 31 – paragraph 4
7b. In Article 31 – paragraph 4 the following subparagraph is added: In such a case, the Member State may decide that the revenue from the scarcity charge shall be used for infrastructure investment projects aiming at relieving capacity constraints.
2013/09/23
Committee: TRAN
Amendment 511 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 – point 8
Directive 2012/34/EU
Article 38 – paragraph 4
4. Where an applicant intends to request infrastructure capacity with a view to operating a passenger service, it shall inform the infrastructure managers and the regulatory bodies concerned no less thanaccording to deadlines specified by the Member States. The deadlines specified by Member States shall not exceed 18 months before the entry into force of the working timetable to which the request for capacity relates. In order to enable regulatory bodies concerned to assess the potential economic impact on existing public service contracts, regulatory bodies shall ensure that any competent authority that has awarded a rail passenger service on that route defined in a public service contract, any other interested competent authority with the right to limit access under Article 11 and any railway undertaking performing the public service contract on the route of that passenger service is informed without undue delay and at the latest within five days. The regulatory bodies concerned shall not transmit to any third party any commercial data other than the origin, destination and intermediate stops of the service for which capacity is requested.
2013/09/23
Committee: TRAN
Amendment 531 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 - point 8 c (new)
Directive 2012/34/EU
Article 56 – paragraph 6
8c. Article 56 – paragraph 6 is replaced by the following: 6. The regulatory body shall ensure that charges set by the infrastructure manager comply with Section 2 of Chapter IV and are non-discriminatory. The regulatory body shall also ensure that charges set by the infrastructure manager, by operators of service facilities, or by railway undertakings for access, including track access, to passenger stations, their buildings and other facilities, including travel information display, are non- discriminatory. In order to ensure that this is achieved, any planned change to the structure or level of the charges referred to in this paragraph shall be communicated to the regulatory body not later than two months before its planned entry into force. The regulatory body may require any reduction or increase in the planned change, its deferral to a later date, or its cancellation, not later than one month before its planned entry into force. Negotiations between applicants and an infrastructure manager concerning the level of infrastructure charges shall only be permitted if these are carried out under the supervision of the regulatory body. The regulatory body shall intervene if negotiations are likely to contravene the requirements of this Chapter.
2013/09/23
Committee: TRAN
Amendment 534 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 - point 8 c (new)
Directive 2012/34/EU
Article 56 – paragraph 9
8c. Subparagraph 3 of Article 56 – paragraph 9 is replaced by the following: 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, not later than one month after the appeal is received. The infrastructure manager shall comply as soon as is materially feasible, and in any case not later than one month after receiving notification of the request from the regulatory body.
2013/09/23
Committee: TRAN
Amendment 541 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 - point 8 d (new)
Directive 2012/34/EU
Article 56 – paragraph 10
8d. Article 56 – paragraph 10 is replaced by the following: 10. Member States shall ensure that decisions taken by the regulatory body are subject to judicial review. The appeal may have suspensive effect on the decision of the regulatory body only when the immediate effect of the regulatory body's decision may cause irretrievable or manifestly excessive damages for the appellant and when the decision does not relate to Articles 56(6) or 56(9) of this directive. This provision is without prejudice to the powers of the court hearing the appeal as conferred by constitutional law, where applicable.
2013/09/23
Committee: TRAN
Amendment 543 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 - point 8 d (new)
Directive 2012/34/EU
Article 57
8d. In Article 57the following paragraph 9 a is added: 9a. Where an applicant believes that the decisions of one or more infrastructure managers or bodies in charge of essential functions are hindering the development of cross-border services, the applicant may submit a request for a regulatory opinion directly to the network. This request shall also constitute a request for a decision from the relevant national regulatory body or bodies. The network shall, if appropriate, require relevant information from the infrastructure managers or bodies in charge of essential functions and, in any case, from the relevant national regulatory bodies, in accordance with the procedure described in Article 57(4). The network shall then issue a non-binding opinion, aiming at facilitating rather than hindering the services in question. The opinion shall be communicated to the relevant national regulatory bodies and to the applicant not later than one month after the request is received. The relevant national regulatory bodies shall take the opinion of the network into consideration before taking their decisions, not later than one month after the opinion of the network is received, and shall justify to the applicant in writing any deviation from that opinion.
2013/09/23
Committee: TRAN
Amendment 558 #
Bogdan Kazimierz MARCINKIEWICZ, Artur ZASADA
Proposal for a directive
Article 1 - point 9 i (new)
Directive 2012/34/EU
Article 63 – paragraph 1
9i. In Article 63 – paragraph 1 the following subparagraph is added: The Commission shall, no later than 18 months after the entry into force of this Directive, assess its impact on the development of the labour market for railway staff.
2013/09/23
Committee: TRAN
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