BETA

12 Amendments of Knut FLECKENSTEIN related to 2013/0028(COD)

Amendment 113 #
Proposal for a regulation
Article 1 – point 1 – point a
Regulation (EC) No 1370/2007
Article 2 – point c
(a) Point (c) of Article 2 is replaced by the following: "competent local authority" means any competent authority whose geographical area of competence is not national and which covers the transport needs of an urban agglomeration or a rural district;deleted
2013/09/23
Committee: TRAN
Amendment 136 #
Proposal for a regulation
Article 1 – point 1 – point b
Regulation (EC) No 1370/2007
Article 2 – point e
(e) The scope of public service obligations shall exclude all public transport services that go beyond of what imay in particular cover services which the competent authorities regard as necessary to reap local, regional or sub-national network effects; in that connection the authorities shall bear in mind that services which do and do not break even may be combined.
2013/09/23
Committee: TRAN
Amendment 206 #
Proposal for a regulation
Article 1 – point 2
Regulation (EC) No 1370/2007
Article 2 a (new) – paragraph 3 – subparagraph 1
The specifications of public service obligations for public passenger transport and the scope of their application shall be established as follows: (a) they shall be defined in accordance with Article 2 (e); (b) they shall be appropriate to achieve the objectives of the public transport plan; (c) they shall not exceed what is necessary and proportionate to achieve the objectivecompetent authorities shall have a broad measure of discretion to set the specifications of the public transport plan. The assessment of appropriateness referred to in point (b) shall take into account whether a public intervention in the provision of passenger transport is a suitable means of achieving the objectives of the public transport plansservice obligations for public passenger transport and the scope of their application.
2013/09/23
Committee: TRAN
Amendment 215 #
Proposal for a regulation
Article 1 – point 2
For pPublic passenger transport by rail the assessment of necessity and proportionality referred to in point (c) shall take into account the transport services provided under Article 10(2) of Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (recast) and consider all information given to the infrastructure managers and regulatory bodies pursuant to the first sentence of Article 38(4) of that Directive.
2013/09/23
Committee: TRAN
Amendment 228 #
Proposal for a regulation
Article 1 – point 2
Regulation (EC) No 1370/2007
Article 2 a (new) – paragraph 4
The specifications of public service obligations and the related compensation of the net financial effect of public service obligations shall: (a) be designed to achieve the objectives of the public transport plan in the mosta cost-effective manner; (b) and financially sustain the provision of public passenger transport in accordance to the requirements laid down in the public transport plan in the long term.
2013/09/23
Committee: TRAN
Amendment 264 #
Proposal for a regulation
Article 1 – point 3 – point b b (new)
Regulation (EC) No 1370/2007
Article 4 – paragraph 5
(bb) Paragraph 5 is replaced by the following: Without prejudice to national and Community law, including collective agreements between social partners, competent authorities may require the selected public service operator to grant workers previously taken on to provide services the rights to which they would have been entitled if there had been a transfer within the meaning of Directive 2001/23/EC at least for the entire period during which the service is provided and whilst guaranteeing all trade union rights. Where competent authorities require public service operators to comply with certain additional social standards, tender documents and public service contracts shall list the workers concerned and give transparent details of their contractual rights and the conditions under which they are deemed to be linked to the services.
2013/09/23
Committee: TRAN
Amendment 302 #
Proposal for a regulation
Article 1 – point 4 – point a
Regulation (EC) No 1370/2007
Article 5 – paragraph 4 – subparagraph 1 - point a
(a) where their average annual value is estimated at: less than EUR 1 000 000 or less than EUR 15 000 000 in the case of a public service contract including public transport by rail or,
2013/09/23
Committee: TRAN
Amendment 311 #
Proposal for a regulation
Article 1 – point 4 – point a
Regulation (EC) No 1370/2007
Article 5 – paragraph 4 – subparagraph 1 - point b
(b) where they concern the annual provision of less than 300 000 vehicle kilometres of public passenger transport services or less than 15800 000 vehicle kilometres in the case of a public service contract including public transport by rail.
2013/09/23
Committee: TRAN
Amendment 326 #
Proposal for a regulation
Article 1 – point 4 – point b – introductory part
(b) Paragraph 6 is replaccomplemented by the following:
2013/09/23
Committee: TRAN
Amendment 350 #
Proposal for a regulation
Article 1 point 5
Regulation (EC) No. 1370/2007
Article 5 a (new) – paragraph 1
Member States shallmay in compliance with State aid rules take the necessary measures to ensure effective and non-discriminatory access to suitable rolling stock for public passenger transport by rail for operators wishing to provide public passenger transport services by rail under public service contract.
2013/09/23
Committee: TRAN
Amendment 355 #
Proposal for a regulation
Article 1 point 5
Where rolling stock leasing companies which provide for the leasing of rolling stock referred to in paragraph 1 under non- discriminatory and commercially viable conditions to all of the public rail passenger transport operators concerned do not exist in the relevant market, Member States shallmay ensure that the residual value risk of the rolling stock is borne by the competent authority in compliance with State aid rules, when operators intending and able to participate in tendering procedures for public service contracts so request in order to be able to participate in tendering procedures.
2013/09/23
Committee: TRAN
Amendment 390 #
Proposal for a regulation
Article 1 point 8Regulation (EC) No. 1370/2007

Article 8
8. Article 8 is amended as follows: (a) The first subparagraph of paragraph 2 is replaced by the following: ‘2. Without prejudice to paragraph 3, the award of public service contracts by rail with the exception of other track-based modes such as metro or tramways shall comply with Article 5(3) as from 3 December 2019. All public service contracts by other track-based modes and by road must have been awarded in compliance with Article 5(3) by 3 December 2019 at the latest. During the transitional period running until 3 December 2019, Member States shall take measures to gradually comply with Article 5(3) in order to avoid serious structural problems in particular relating to transport capacity.’ (b) The following paragraph 2a is inserted: ‘2a. Public service contracts for public passenger transport by rail directly awarded between 1 January 2013 and 2 December 2019 may continue until their expiry date. However they shall, in any event, not continue after 31 December 2022.’ (c) In paragraph 3, the last sentence of the second subparagraph is replaced by the following: ‘The contracts referred to in (d) may continue until they expire, provided they are of limited duration similar to the durations specified in Article 4.’deleted
2013/09/23
Committee: TRAN