39 Amendments of Carlo FIDANZA related to 2010/0253(COD)
Amendment 177 #
Proposal for a directive
Recital 11
Recital 11
(11) An efficient passenger and freight sector, especially across borders, requires action to open up the markets in the individual Member States.
Amendment 177 #
Proposal for a directive
Recital 11
Recital 11
(11) An efficient passenger and freight sector, especially across borders, requires action to open up the markets in the individual Member States.
Amendment 179 #
Proposal for a directive
Annex II – paragraph 2 – point e
Annex II – paragraph 2 – point e
(e) maintenance facilities, with the exception of heavy maintenance services supplied in including cleaning and washing facilities and other technical facilities, with the exception of heavy maintenance facilities exclusivemainly dedicated to specific types of rolling stock, and other technical facilities, including cleaning and washing facilities;
Amendment 320 #
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.
Amendment 320 #
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.
Amendment 326 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Amendment 326 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Amendment 332 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2 a. In order to ensure the independence of decision-making in the performance of essential functions under this paragraph, Member States shall ensure that, from the date of transposition of this directive, the staff responsible for the performance of essential functions must be: (a) legally or contractually independent from any railway undertaking or from a company controlling one or more railway companies, (b) located in separate premises of any railway undertaking, or of a company controlling one or more railway companies, (c) legally or contractually subject to respect for confidentiality of information relating to their functions;
Amendment 332 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2 a. In order to ensure the independence of decision-making in the performance of essential functions under this paragraph, Member States shall ensure that, from the date of transposition of this directive, the staff responsible for the performance of essential functions must be: (a) legally or contractually independent from any railway undertaking or from a company controlling one or more railway companies, (b) located in separate premises of any railway undertaking, or of a company controlling one or more railway companies, (c) legally or contractually subject to respect for confidentiality of information relating to their functions;
Amendment 333 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2 a. In order to ensure the independence of decision-making in the performance of essential functions under this paragraph, Member States shall ensure that, from the date of transposition of this directive, the staff responsible for the performance of essential functions must be prevented from holding any position in a railway company or in a company controlling one or more railway undertakings for a period of two years.
Amendment 333 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2 a. In order to ensure the independence of decision-making in the performance of essential functions under this paragraph, Member States shall ensure that, from the date of transposition of this directive, the staff responsible for the performance of essential functions must be prevented from holding any position in a railway company or in a company controlling one or more railway undertakings for a period of two years.
Amendment 370 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraphs 4 a and 4 b (new)
Article 10 – paragraph 2 – subparagraphs 4 a and 4 b (new)
Furthermore, within 12 months of the entry into force of this Directive, railway undertakings within the Directive’s scope shall be granted, on equitable, non- discriminatory and transparent conditions, access to the infrastructure in all Member States for the purpose of operating all types of passenger rail services, without prejudice to public service contracts already in place, which shall continue to be valid until they expire. The provisions of this paragraph do not require a Member State to grant, before the end of that period of 12 months from the Directive’s entry into force, a right of access for the purpose of operating domestic passenger services to railway undertakings and undertakings directly or indirectly controlled by them that are licensed in a Member State where access rights of a similar nature are not granted.
Amendment 370 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraphs 4 a and 4 b (new)
Article 10 – paragraph 2 – subparagraphs 4 a and 4 b (new)
Furthermore, within 12 months of the entry into force of this Directive, railway undertakings within the Directive’s scope shall be granted, on equitable, non- discriminatory and transparent conditions, access to the infrastructure in all Member States for the purpose of operating all types of passenger rail services, without prejudice to public service contracts already in place, which shall continue to be valid until they expire. The provisions of this paragraph do not require a Member State to grant, before the end of that period of 12 months from the Directive’s entry into force, a right of access for the purpose of operating domestic passenger services to railway undertakings and undertakings directly or indirectly controlled by them that are licensed in a Member State where access rights of a similar nature are not granted.
Amendment 374 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States may limit the right of access provided for in Article 10 on services between a place of departure and a destination which are covered by one or more public service contracts conforming to the Union legislation in force. Such limitation shall not have the effect of restricting the right to pick up passengers at any station located on the route of an international service and to set them down at another, including stations located in the same Member State or on the route of a domestic service, except where the exercise of this right would compromise the economic equilibrium of services covered by a public service contract.
Amendment 374 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States may limit the right of access provided for in Article 10 on services between a place of departure and a destination which are covered by one or more public service contracts conforming to the Union legislation in force. Such limitation shall not have the effect of restricting the right to pick up passengers at any station located on the route of an international service and to set them down at another, including stations located in the same Member State or on the route of a domestic service, except where the exercise of this right would compromise the economic equilibrium of services covered by a public service contract.
Amendment 378 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1 – introductory part
Article 11 – paragraph 2 – subparagraph 1 – introductory part
Whether the economic equilibrium of services covered by a public service contract would be compromised shall be determined by the relevant regulatory body or bodies referred to in Article 55 on the basis of an objective economic analysis and based on pre- determined criteria, after a request from any of the following :
Amendment 378 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1 – introductory part
Article 11 – paragraph 2 – subparagraph 1 – introductory part
Whether the economic equilibrium of services covered by a public service contract would be compromised shall be determined by the relevant regulatory body or bodies referred to in Article 55 on the basis of an objective economic analysis and based on pre- determined criteria, after a request from any of the following :
Amendment 407 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Where the operator of the service facility belongs to a body or firmrailway undertaking which is also active and holds a dominant position in at least one of the railway transport services markets for which the facility is used, the operator shall be organised in such a way that it is independent, in legal, organisational and decision-making terms, of this body or firmrailway undertaking.
Amendment 407 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Where the operator of the service facility belongs to a body or firmrailway undertaking which is also active and holds a dominant position in at least one of the railway transport services markets for which the facility is used, the operator shall be organised in such a way that it is independent, in legal, organisational and decision-making terms, of this body or firmrailway undertaking.
Amendment 426 #
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 assess whether the facility is essential for the provision of the transport service and, where necessary, on its own initiative or on the basis of a complaint take appropriate action to ascertain whether a request was rejected without good reason and, should this be the case, shall ensure that an appropriate part of the capacity that can be made available 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 426 #
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 assess whether the facility is essential for the provision of the transport service and, where necessary, on its own initiative or on the basis of a complaint take appropriate action to ascertain whether a request was rejected without good reason and, should this be the case, shall ensure that an appropriate part of the capacity that can be made available 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 478 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. A railway undertaking originating from a third country shall be entitled to apply for a licence in thea Member State in which it is established, provided that Member States or nationals of Member States own in total more than 50% of this railway undertaking and effectively control it, whether directly or indirectly through one or more intermediate undertakingswhere similar rights are provided to European railway undertakings in the concerned third country, except where an agreement with a third country to which the European Union is a party provides otherwise .
Amendment 478 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. A railway undertaking originating from a third country shall be entitled to apply for a licence in thea Member State in which it is established, provided that Member States or nationals of Member States own in total more than 50% of this railway undertaking and effectively control it, whether directly or indirectly through one or more intermediate undertakingswhere similar rights are provided to European railway undertakings in the concerned third country, except where an agreement with a third country to which the European Union is a party provides otherwise .
Amendment 479 #
Proposal for a directive
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The Commission mayshall adopt implementing measures setting out the details of the procedure to be followed for the application of this Article including the use of a common template for the licence. Those measures, designed to ensure the implementation of this Directive under uniform conditions shall be adopted as implementing acts in accordance with Article 63(3).
Amendment 479 #
Proposal for a directive
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The Commission mayshall adopt implementing measures setting out the details of the procedure to be followed for the application of this Article including the use of a common template for the licence. Those measures, designed to ensure the implementation of this Directive under uniform conditions shall be adopted as implementing acts in accordance with Article 63(3).
Amendment 605 #
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 necessarysufficient organisational capacity to carry out these tasks in the light of the size of the network, the volume of traffic and the number of operators.
Amendment 605 #
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 necessarysufficient organisational capacity to carry out these tasks. in the light of the size of the network, the volume of traffic and the number of operators.
Amendment 624 #
Proposal for a directive
Article 57 – title
Article 57 – title
Cooperation between regulatory bodies and powers of the Commission
Amendment 624 #
Proposal for a directive
Article 57 – title
Article 57 – title
Cooperation between regulatory bodies and powers of the Commission
Amendment 630 #
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 notify the Commission and 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. Regulatory bodies shall, on a quarterly basis, notify the Commission of all complaints and own- initiative investigations on issues of access or charging relating to international rail services.
Amendment 630 #
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 notify the Commission and 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. Regulatory bodies shall, on a quarterly basis, notify the Commission of all complaints and own- initiative investigations on issues of access or charging relating to international rail services.
Amendment 632 #
Proposal for a directive
Article 57 – paragraph 6 a (new)
Article 57 – paragraph 6 a (new)
6a. The regulatory body shall notify the Commission of any draft decisions on issues of access or charging relating to an international train path and issues of access or charging relating to international rail services. The Commission shall assess the draft decision's compatibility with Union law and, if necessary, request changes.
Amendment 632 #
Proposal for a directive
Article 57 – paragraph 6 a (new)
Article 57 – paragraph 6 a (new)
6a. The regulatory body shall notify the Commission of any draft decisions on issues of access or charging relating to an international train path and issues of access or charging relating to international rail services. The Commission shall assess the draft decision's compatibility with Union law and, if necessary, request changes.
Amendment 648 #
Proposal for a directive
Annex 1 – indent 1 a (new)
Annex 1 – indent 1 a (new)
– The parts of passenger station buildings and facilities that are necessary for the provision of rail transport services: common transit areas, platform access facilities, public information systems, any movement control areas;
Amendment 648 #
Proposal for a directive
Annex 1 – indent 1 a (new)
Annex 1 – indent 1 a (new)
– The parts of passenger station buildings and facilities that are necessary for the provision of rail transport services: common transit areas, platform access facilities, public information systems, any movement control areas;
Amendment 652 #
Proposal for a directive
Annex 1 – indent 10 a (new)
Annex 1 – indent 10 a (new)
– A network of freight terminals commensurate with the size of the rail network.
Amendment 652 #
Proposal for a directive
Annex 1 – indent 10 a (new)
Annex 1 – indent 10 a (new)
– A network of freight terminals commensurate with the size of the rail network.
Amendment 681 #
Proposal for a directive
Annex 3 – point 2 – subpoint f
Annex 3 – point 2 – subpoint f
Amendment 681 #
Proposal for a directive
Annex 3 – point 2 – subpoint f
Annex 3 – point 2 – subpoint f