38 Amendments of Carlo FIDANZA related to 2013/0016(COD)
Amendment 92 #
Proposal for a directive
Recital 5
Recital 5
(5) The mainAll the actors in the rail system, infrastructure managers and railway undertakings, should bear full responsibility for the safety of the system, each for their own part. Whenever appropriate, they should cooperate in implementing risk control measures. Member States should make a clear distinction between this immediate responsibility for safety and the national safety authorities' task of providing a national regulatory framework and supervising the performance of all operators.
Amendment 95 #
Proposal for a directive
Recital 6
Recital 6
(6) The responsibility of infrastructure managers and railway undertakings for operating the rail system does not preclude other actors such as manufacturers, carriers, consignors, fillers, loaders, unloaders, consignee, entities in charge of maintenance, maintenance suppliers, wagonvehicle owner, vehicle keepers, service providers and procurement entities from assuming responsibility for their products or services and for implanting risk control measures. To avoid the risk that the responsibilities are not properly assumed, each relevant actor should be made responsible for its particular process. Each actor in the rail system should be responsible in respect to the other actors for complete and truthful communication of all relevant information to check if the vehicles are fit to run. In particular that concerns information on the status and history of the vehicle, maintenance files, traceability of loading operations, and consignment notes.
Amendment 108 #
Proposal for a directive
Recital 15
Recital 15
(15) Infrastructure manager should have a key responsibility for the safe design, maintenance and operation of its rail network. The infrastructure manager should be subject to safety authorisation by the national safety authority concerning its safety management system and other provisions to meet safety requirements.
Amendment 113 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) The ERA shall develop with the sector experts a common safety method for identifying the critical components for safety taking in account the experience of aviation sector.
Amendment 140 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ‘'infrastructure manager’' means infrastructure manager as defined in Article 23 of Directive 2001/14/EC14 12/34/EU;
Amendment 141 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) ‘'railway undertaking’' means railway undertaking as defined in Article 23 of Directive 2001/112/34/ECU, and any other public or private undertaking, the activity of which is to provide transport of goods and/or passengers by rail on the basis that the undertaking must ensure traction, including undertakings which provide traction only;
Amendment 145 #
Proposal for a directive
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) ‘'national rules’' means all binding rules notified by a Member State containing railway safety, or technical requirements imposed at Member State level and applicable to railway undertakings actors, irrespective of the body issuing them;
Amendment 154 #
Proposal for a directive
Article 3 – paragraph 1 – point n a (new)
Article 3 – paragraph 1 – point n a (new)
(na) "Reasonably practicable" means any activity that, following a cost benefit analysis, doesn't lead to a disproportionate contribution in terms of cost and/or implementation timing, in relation to the safety target to achieve;
Amendment 155 #
Proposal for a directive
Article 3 – paragraph 1 – point n b (new)
Article 3 – paragraph 1 – point n b (new)
(nb) "Other parties" means external activities at the interfaces with the rail system which may introduce risks that have direct impact on operation and that have to be controlled by Infrastructure managers and Railway Undertakings;
Amendment 156 #
Proposal for a directive
Article 3 – paragraph 1 – point q
Article 3 – paragraph 1 – point q
(q) ‘notified bodies’"conformity assessment body" means the bodies which are responsible for assessing the conformity or suitability for use of the interoperability constituents or for appraising the ‘'EC’' procedure for verification of the subsystems, as defined in Directives 96/48/EC and 2001/16/EC;
Amendment 157 #
Proposal for a directive
Article 3 – paragraph 1 – point r
Article 3 – paragraph 1 – point r
(r) ‘'interoperability constituents’' means any elementary component, group of components, subassembly or complete assembly of equipment incorporated or intended to be incorporated into a subsystem upon which the interoperability of the rail system depends directly or indirectly, including both tangible objects and intangible objects, as defined in Article 2 of Directive xx on interoperability of the rail system . The concept of a 'constituent' covers both tangible objects and intangible objects such as software;
Amendment 164 #
Proposal for a directive
Article 3 – paragraph 1 – point s a (new)
Article 3 – paragraph 1 – point s a (new)
(sa) "owner" means the person or entity that, being the owner of a vehicle, is registered as such in the National Vehicle Register referred to in Article 43 of Directive XX on the interoperability of the rail system;
Amendment 173 #
Proposal for a directive
Article 3 – paragraph 1 – point y a (new)
Article 3 – paragraph 1 – point y a (new)
(ya) 'consignee' means any natural or legal person which is identified as such in the consignment note and which receives the goods and this consignment note;
Amendment 181 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States and the Agency each for their own missions shall ensure that railway safety is generally maintained and, where reasonably practicable, continuously improved, taking into consideration the development of Union legislation and technical and scientific progress and giving priority to the prevention of serious accidents. Member States shall ensure that measures to develop and improve railway safety take account of the need for a system based approach. The main actors of the railway system shall bear the responsibility for the safety of the system, each for their own duties, without prejudice to civil liability in accordance with the legal requirements of the Member States.
Amendment 189 #
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 1 – introductory part
Article 4 – paragraph 2 – subparagraph 1 – introductory part
Each Member States shall ensure that the responsibility for and the Agency, according to the ERA regulation, each for their own missions shall ensure that the safe operation of the rail system and the control of risks associated with it is laid upon the infrastructure managers and railway undertakingrailway actors, obliging them:
Amendment 191 #
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 1 – point c
Article 4 – paragraph 2 – subparagraph 1 – point c
(c) for infrastructure managers, railway undertakings and ECMs to establish safety management systems or maintenance system in accordance with this Directive.
Amendment 197 #
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Without prejudice to civil liability in accordance with the legal requirements of the Member States, each infrastructure manager and railway undertaking shall be made responsible for its part of the system and its safe operation, including supply of material and contracting of services, vis- à-vis users, customers, the workers concerned and third parties. The risks associated with the activities of third parties shall also be taken into account in the safety management systems of infrastructure managers and railway undertakingsall actors shall ensure that railway actors are responsible, each for their own part of the system and its safe operation.
Amendment 199 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Each manufacturer, maintenance supplier, keeper and/or owner, service provider and procurement entity shall ensure that rolling stock, installations, accessories and equipment and services supplied by them comply with the specified requirements and conditions for use , so that they can be safely put into operation by the railway undertaking and/or infrastructure manager.
Amendment 201 #
Proposal for a directive
Article 4 – paragraph 4 – introductory part
Article 4 – paragraph 4 – introductory part
4. All actors having a relevant role in safety operations shall implement the necessary risk control measures, where appropriate in cooperation with the others. In addition to railway undertakings and infrastructure managers those actors include:. In addition to the actors defined in Article 3 those actors include the manufacturers, which are responsible for the design and manufacturing of safe railway vehicles, parts, components or sub-assemblies of vehicle, railway infrastructure, energy and track side control command, as well as issuing of the preliminary maintenance documentation associated to the vehicle.
Amendment 202 #
Proposal for a directive
Article 4 – paragraph 4 – point a
Article 4 – paragraph 4 – point a
Amendment 203 #
Proposal for a directive
Article 4 – paragraph 4 – point b
Article 4 – paragraph 4 – point b
Amendment 204 #
Proposal for a directive
Article 4 – paragraph 4 – point c
Article 4 – paragraph 4 – point c
Amendment 209 #
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Each railway undertaking, infrastructure manager and entity in charge of maintenance (ECM) shall ensure that its contractors implement risk control measures. To this end, each railway undertaking, infrastructure manager and entity in charge of maintenance shall apply the common methods for monitoring processes set out in the Regulation (EU) 1078/2012. Their contractors shall apply this process through contractual arrangagreements. Railway undertakings, infrastructure managers and entities in charge of maintenance shall disclose their contractual arranggreements on request of the Agency or the national safety authority.
Amendment 215 #
Proposal for a directive
Article 4 – paragraph 7
Article 4 – paragraph 7
7. In case of exchange of vehicles between railways undertakings, all actors shall exchange all information relevant to safe operation. Such information shall include information on the status and history of the vehicle, elements of the maintenance files for the traceability of maintenance activities, traceability of safety critical components, traceability of loading operations, and consignment notes. It shall be sufficiently detailed to allow an assessment of the risks of operating the vehicle by the railway undertaking.
Amendment 240 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. If a Member State intends to introduce a new national rule, it shall notify the draft of that rule to the Agency and the Commission using the appropriate IT system in accordance with article 23 of Regulation (EU) No …/….../... [Agency Regulation] and shall enclose a report assessing the impact of the new rules to be adopted.
Amendment 243 #
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States shall ensure that national rules are made availableNational rules (including those covering the interfaces between vehicles and network), shall be provided by Member States free of charge and in a language that can be understood by all parties concerned.
Amendment 246 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
The safety management system shall meet the requirements , adapted to the character, extent and other conditions of the activity pursued. It shall ensure the control of all risks associated with the activity of the infrastructure manager or railway undertaking, including the supply of maintenance and material and the use of contractors. Without prejudice to existing national and international liability rules, the safety management system shall also take into account, where appropriate and reasonable, the risks arising as a result of activities by other parties. This means that infrastructure managers and railway undertakings have procedures to identify those potential risks which arise from external activities at the interfaces with the rail system and which have a direct impact on operations.
Amendment 264 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. TBefore any start of operation of a new service, the single safety certificate shall be granted by the Agency on the basis of the evidence that the railway undertaking has establishcreated its safety management system in accordance with Article 9 and meets the requirements laid down in TSIs, and in other relevant legislation and specific operational rules in order to control risks and provide transport services safely on the network.
Amendment 285 #
Proposal for a directive
Article 10 – paragraph 4 – subparagraph 1 – introductory part
Article 10 – paragraph 4 – subparagraph 1 – introductory part
Three months before the start of operation of any new service, the railway undertaking shall notifyprovide to the relevant national safety authoritAgency the documentation confirming that:
Amendment 287 #
Proposal for a directive
Article 10 – paragraph 4 – subparagraph 1 – point b
Article 10 – paragraph 4 – subparagraph 1 – point b
Amendment 290 #
Proposal for a directive
Article 10 – paragraph 4 – subparagraph 1 – point d
Article 10 – paragraph 4 – subparagraph 1 – point d
Amendment 293 #
Proposal for a directive
Article 10 – paragraph 4 – subparagraph 1 – point e
Article 10 – paragraph 4 – subparagraph 1 – point e
(e) the type and extent and scope of its intended operation corresponds to that specified in its single safety certificate.
Amendment 301 #
Proposal for a directive
Article 10 – paragraph 4 – subparagraph 2
Article 10 – paragraph 4 – subparagraph 2
Amendment 324 #
Proposal for a directive
Article 10 – paragraph 8 a (new)
Article 10 – paragraph 8 a (new)
8a. An appeal may be brought to the Board of Appeal designated under Article 54 of the Agency regulation against decisions of the Agency or its failure to act within the time limits defined in article 10.2, 5 & 6. Any natural, legal person or a member of the network of representative bodies may appeal against a decision addressed to that person by the Agency.
Amendment 334 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Applications for single safety certificates shall be submitted to the Agency. The Agency shall take a decision on an application without delay and in any event not more than four months after all required information and any supplementary information requested by the Agency has been submitted. If the applicant is requested to submit supplementary information, such information shall be submitted promptly. In the case of an application for an extension, to operate in an additional Member State, the Agency shall make its determination within three months.
Amendment 353 #
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The national safety authority shall take a decision on an application for safety authorisation without delay and in any event not more than four months after all the information required and any supplementary information requested has been submitted. An application guidance document describing and explaining the requirements for the safety authorizations and listing the required documents shall be made available.
Amendment 391 #
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 3
Article 17 – paragraph 1 – subparagraph 3
In the process of developing the national regulatory framework, the national safety authority shall consult and consider all persons involved and interested parties, including infrastructure managers, railway undertakings, manufacturers and maintenance providers, users and staff representatives.
Amendment 426 #
1.9. ‘'accidents to persons involvingcaused by rolling stock in motion’' means accidents to one or more persons who are either hit by a railway vehicle or by an object attached to, or that has become detached from, the vehicle. Persons who fall from railway vehicles are included, as well as persons who fall or are hit by loose objects when travelling on board vehicles.