40 Amendments of Peter van DALEN related to 2010/0253(COD)
Amendment 166 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to boost competition in railway service management in terms of improved comfort and the services provided to users, Member States should retain general responsibility for the development of the appropriate railway infrastructure, taking market demand as one of the main premises.
Amendment 166 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to boost competition in railway service management in terms of improved comfort and the services provided to users, Member States should retain general responsibility for the development of the appropriate railway infrastructure, taking market demand as one of the main premises.
Amendment 271 #
Proposal for a directive
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘infrastructure manager’ means any body or firm which in no way forms part of, or is directly or indirectly linked to, an undertaking as referred to in paragraph 1 and is responsible in particular for establishing, managing and maintaining railway infrastructure, including traffic management and control-command and signalling; the functions of the infrastructure manager on a network or part of a network may be allocated to different bodies or firms;
Amendment 271 #
Proposal for a directive
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘infrastructure manager’ means any body or firm which in no way forms part of, or is directly or indirectly linked to, an undertaking as referred to in paragraph 1 and is responsible in particular for establishing, managing and maintaining railway infrastructure, including traffic management and control-command and signalling; the functions of the infrastructure manager on a network or part of a network may be allocated to different bodies or firms;
Amendment 274 #
Proposal for a directive
Article 3 – paragraph 1 – point 2 a (new)
Article 3 – paragraph 1 – point 2 a (new)
(2a) ‘regulatory body’ means a body which, in a Member State, supervises the correct application of the relevant regulations, is not in any way involved in policy-making, and is completely separate from firms, particularly the firms referred to in paragraphs 1 and 2, and also from the policy-making department in the same Member State;
Amendment 274 #
Proposal for a directive
Article 3 – paragraph 1 – point 2 a (new)
Article 3 – paragraph 1 – point 2 a (new)
(2a) ‘regulatory body’ means a body which, in a Member State, supervises the correct application of the relevant regulations, is not in any way involved in policy-making, and is completely separate from firms, particularly the firms referred to in paragraphs 1 and 2, and also from the policy-making department in the same Member State;
Amendment 318 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Member States shall ensure that the functions determining equitable and non- discriminatory access to infrastructure, listed in Annex II, are entrusted to bodies or firms that do not themselves provide any rail transport services. Regardless of organisational structure, this objective must be shown to have been achieved. This does not mean that railway undertakings and the infrastructure manager cannot cooperate closely in everyday operations on the rail network in a Member State.
Amendment 318 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Member States shall ensure that the functions determining equitable and non- discriminatory access to infrastructure, listed in Annex II, are entrusted to bodies or firms that do not themselves provide any rail transport services. Regardless of organisational structure, this objective must be shown to have been achieved. This does not mean that railway undertakings and the infrastructure manager cannot cooperate closely in everyday operations on the rail network in a Member State.
Amendment 351 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Within the framework of general policy determined by the State and taking into account the rail infrastructure development strategy referred to in paragraph 1 , the infrastructure manager shall adopt a business plan including investment and financial programmes. The plan shall be designed to ensure optimal and efficient use , provision and development of the infrastructure while ensuring financial balance and providing means for these objectives to be achieved. The infrastructure manager shall ensure that applicants are consulted before the business plan is approved. The regulatory body referred to in Article 55 shall isensure a non-binding opinion on whether the business plan is appropriate to achieve these objectivesthat the relevant legislation is correctly applied.
Amendment 351 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Within the framework of general policy determined by the State and taking into account the rail infrastructure development strategy referred to in paragraph 1 , the infrastructure manager shall adopt a business plan including investment and financial programmes. The plan shall be designed to ensure optimal and efficient use , provision and development of the infrastructure while ensuring financial balance and providing means for these objectives to be achieved. The infrastructure manager shall ensure that applicants are consulted before the business plan is approved. The regulatory body referred to in Article 55 shall isensure a non-binding opinion on whether the business plan is appropriate to achieve these objectivesthat the relevant legislation is correctly applied.
Amendment 429 #
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 429 #
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 440 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 5
Article 13 – paragraph 2 – subparagraph 5
Where the service facility referred to in Annex III, point 2, has not been in use for at least twohree consecutive years its owner shall publicise the operation of the facility as being for lease or rentand interest by railway undertakings for access to this facility has been expressed to the operator of such service facility on the basis of demonstrated needs, its owner shall publicise the operation of the facility as being for lease or rent as a rail service facility, as a whole or in part, unless the operator of such service facility demonstrates that an on-going process of reconversion prevents its use by any railway undertaking.
Amendment 440 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 5
Article 13 – paragraph 2 – subparagraph 5
Where the service facility referred to in Annex III, point 2, has not been in use for at least twohree consecutive years its owner shall publicise the operation of the facility as being for lease or rentand interest by railway undertakings for access to this facility has been expressed to the operator of such service facility on the basis of demonstrated needs, its owner shall publicise the operation of the facility as being for lease or rent as a rail service facility, as a whole or in part, unless the operator of such service facility demonstrates that an on-going process of reconversion prevents its use by any railway undertaking.
Amendment 491 #
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The infrastructure manager shall, after consultation with the interested parties , including the regulatory body referred to in Article 55, develop and publish a network statement obtainable against payment of a fee which shall not exceed the cost of publication of that statement. The network statement shall be published in at least two official languages of the Union. The content of the network statement shall be made available free of charge in electronic format through the web portal of the European Railway Agencyon the joint web portal to be set up by infrastructure managers within the framework of the cooperation referred to in Articles 37 and 40.
Amendment 491 #
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The infrastructure manager shall, after consultation with the interested parties , including the regulatory body referred to in Article 55, develop and publish a network statement obtainable against payment of a fee which shall not exceed the cost of publication of that statement. The network statement shall be published in at least two official languages of the Union. The content of the network statement shall be made available free of charge in electronic format through the web portal of the European Railway Agencyon the joint web portal to be set up by infrastructure managers within the framework of the cooperation referred to in Articles 37 and 40.
Amendment 520 #
Proposal for a directive
Article 31 – paragraph 5 – subparagraph 1
Article 31 – paragraph 5 – subparagraph 1
Amendment 520 #
Proposal for a directive
Article 31 – paragraph 5 – subparagraph 1
Article 31 – paragraph 5 – subparagraph 1
Amendment 527 #
Proposal for a directive
Article 31 – paragraph 5 – subparagraph 4
Article 31 – paragraph 5 – subparagraph 4
Amendment 527 #
Proposal for a directive
Article 31 – paragraph 5 – subparagraph 4
Article 31 – paragraph 5 – subparagraph 4
Amendment 578 #
Proposal for a directive
Article 51 – paragraph 2 – subparagraph 4
Article 51 – paragraph 2 – subparagraph 4
The plan may be subject to prior approval by the Member State. The regulatory body referred to in Article 55 may issue an opinion on whether the actions identified in the plan are appropriate.
Amendment 578 #
Proposal for a directive
Article 51 – paragraph 2 – subparagraph 4
Article 51 – paragraph 2 – subparagraph 4
The plan may be subject to prior approval by the Member State. The regulatory body referred to in Article 55 may issue an opinion on whether the actions identified in the plan are appropriate.
Amendment 606 #
Proposal for a directive
Article 56 – paragraph 2
Article 56 – paragraph 2
2. TIf 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. Ireceives an appeal pursuant to paragraph 1, 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 capacity to carry out these tasks.
Amendment 606 #
Proposal for a directive
Article 56 – paragraph 2
Article 56 – paragraph 2
2. TIf 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. Ireceives an appeal pursuant to paragraph 1, 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 capacity to carry out these tasks.
Amendment 608 #
Proposal for a directive
Article 56 – paragraph 3
Article 56 – paragraph 3
3. The regulatory body shall ensure that charges set by the infrastructure manager comply with Chapter IV, Section 2 and are non-discriminatory. 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.
Amendment 608 #
Proposal for a directive
Article 56 – paragraph 3
Article 56 – paragraph 3
3. The regulatory body shall ensure that charges set by the infrastructure manager comply with Chapter IV, Section 2 and are non-discriminatory. 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.
Amendment 614 #
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 two 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 614 #
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 two 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 631 #
Proposal for a directive
Article 57 – paragraph 3
Article 57 – paragraph 3
3. In the case of a complaint or an own- initiative investigation on issues of access or charging relating to an international train path, as well as in the framework of monitoring competition on the market related to international rail transport services, the regulatory body concerned shall consult the regulatory bodies of all other Member States through which the international train path concerned runs and request all necessary information from them before taking its decision.
Amendment 631 #
Proposal for a directive
Article 57 – paragraph 3
Article 57 – paragraph 3
3. In the case of a complaint or an own- initiative investigation on issues of access or charging relating to an international train path, as well as in the framework of monitoring competition on the market related to international rail transport services, the regulatory body concerned shall consult the regulatory bodies of all other Member States through which the international train path concerned runs and request all necessary information from them before taking its decision.
Amendment 680 #
Proposal for a directive
Annex 3 – point 2 – subpoint b
Annex 3 – point 2 – subpoint b
Amendment 680 #
Proposal for a directive
Annex 3 – point 2 – subpoint b
Annex 3 – point 2 – subpoint b
Amendment 682 #
Proposal for a directive
Annex 3 – point 2 – subpoint f
Annex 3 – point 2 – subpoint f
Amendment 682 #
Proposal for a directive
Annex 3 – point 2 – subpoint f
Annex 3 – point 2 – subpoint f
Amendment 685 #
Proposal for a directive
Annex 3 – point 2 – subpoint g
Annex 3 – point 2 – subpoint g
Amendment 685 #
Proposal for a directive
Annex 3 – point 2 – subpoint g
Annex 3 – point 2 – subpoint g
Amendment 687 #
Proposal for a directive
Annex 3 – point 2 – subpoint h
Annex 3 – point 2 – subpoint h
Amendment 687 #
Proposal for a directive
Annex 3 – point 2 – subpoint h
Annex 3 – point 2 – subpoint h
Amendment 711 #
Proposal for a directive
Annex 8 – point 3 – introductory part
Annex 8 – point 3 – introductory part
3. The infrastructure manager shall demonstrate to the regulatory body shall ensure the ability of a train service to pay mark-ups according to Article 32(1), whereby each of the services listed under a single one of the following points shall belong to different market segments:
Amendment 711 #
Proposal for a directive
Annex 8 – point 3 – introductory part
Annex 8 – point 3 – introductory part
3. The infrastructure manager shall demonstrate to the regulatory body shall ensure the ability of a train service to pay mark-ups according to Article 32(1), whereby each of the services listed under a single one of the following points shall belong to different market segments: