Activities of Debora SERRACCHIANI related to 2010/0253(COD)
Plenary speeches (5)
Single European railway area (A7-0196/2012 - Debora Serracchiani) (vote)
Single European railway area (A7-0196/2012 - Debora Serracchiani) (vote)
Single European railway area (debate)
Single European railway area (debate)
Single European railway area (debate)
Reports (2)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council establishing a single European railway area (recast) PDF (367 KB) DOC (527 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council establishing a single European railway area (recast) PDF (615 KB) DOC (955 KB)
Amendments (80)
Amendment 112 #
Proposal for a directive
Recital 33
Recital 33
(33) To ensure transparency and non- discriminatory access to rail infrastructure and to services in service facilities for all railway undertakings, all the information required to use access rights shouldis to be published in a network statement. The network statement should be published in at least two official languages of the Union in line with existing international practices.
Amendment 114 #
Proposal for a directive
Recital 83 a (new)
Recital 83 a (new)
(83a) In order to ensure the development of competition, continued investment and the cost-effectiveness of service provision of the railway sector the separation of accounts provided for by Art 6 should require the organisation of distinct divisions within a single undertaking or the management of infrastructure and transport services by separate entities;
Amendment 115 #
Proposal for a directive
Recital 83 b (new)
Recital 83 b (new)
(83b) When managing the traffic on the network, effective cooperation between railway undertakings and infrastructure managers is essential;
Amendment 116 #
Proposal for a directive
Recital 83 c (new)
Recital 83 c (new)
(83c) The Commission should prepare a comparative analysis of the methods for the setting of the amounts of the levies in the Member States in order to establish a uniform method of calculation to determine the amount of the levies
Amendment 117 #
Proposal for a directive
Recital 83 d (new)
Recital 83 d (new)
(83d) Analogously to EU co-funding provided for the equipment of rolling stock with ERTMS, Member States are encouraged to make use of all available EU co-funding opportunities, such as the European Regional Development Fund and the Cohesion Fund, and to include the objective of reducing rail noise in the Operational Programmes, targeting both the infrastructure and the rolling stock. Furthermore, funds provided for the TEN-T and through the CEF should also be used for this purpose.
Amendment 118 #
Proposal for a directive
Recital 83 e (new)
Recital 83 e (new)
(83e) Noise reduction measures adopted for the rail sector should be considered as a model for noise reduction efforts for other modes of transport.
Amendment 120 #
Proposal for a directive
Article 3 – point 10 a (new)
Article 3 – point 10 a (new)
'heavy maintenance' means works that cannot be carried out during normal idle periods and require the vehicle to be removed from service.
Amendment 128 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall develop their national railway infrastructure by taking into account, where necessary, the general needs of the Union, including the need to cooperate with neighbouring third countries. For this purpose, they shall publish by [at the latest two years after the entry into force of this Directive], after consultation with the interested parties, an indicative rail infrastructure development strategy with a view to meeting future mobility needs in terms of maintenance, renewal and development of the infrastructure based on sustainable financing of the railway system. The strategy shall cover a period of at least five years and be renewable.
Amendment 129 #
Draft legislative resolution
Citation 3 a (new)
Citation 3 a (new)
– having regard to the resolution of the European Parliament of 17 June 2010;
Amendment 129 #
Draft legislative resolution
Citation 3 a (new)
Citation 3 a (new)
– having regard to the resolution of the European Parliament of 17 June 2010;
Amendment 130 #
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States shall ensure that, under normal business conditions and over a reasonable period […] which shall not exceed the period of the contractual agreement referred to in Article 30(2) and in any case a period of five years, the accounts of an infrastructure manager shall at least balance income from infrastructure charges, surpluses from other commercial activities and State and priv, non refundable incomes from private sources and State funding on the one hand, including advance payments from the State, where appropriate, and infrastructure expenditure, including for long-term asset renewals and enhancements on the other hand.
Amendment 132 #
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 134 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 2
Article 11 – paragraph 2 – subparagraph 2
The competent authorities and the railway undertakings providing the public services shall provide the relevant regulatory body or bodies with the information reasonably required to reach a decision. The regulatory body shall consider the information provided, consulting by these parties, and, as appropriate shall ask for any relevant additional information and initiate consultation with all relevant parties within one month from the receipt of the request. The regulatory body shall consult all the relevant parties, as appropriate, and shall inform the relevant parties of its reasoned decision within a pre-determined, reasonable time, and, in any case, within two monthsix weeks of receipt of all relevant information.
Amendment 135 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 138 #
Proposal for a directive
Article 13 – paragraph 3 – subparagraph 1
Article 13 – paragraph 3 – subparagraph 1
To guarantee full transparency and non- discrimination of access to the service facilities referred to in point 2 (a), (b), (c) and (g) of Annex II, and the supply of services in these facilities where the operator of such a service facility is under direct or indirect control of a body or firm which is also active and holds a dominant position in national railway transport services markets for which the facility is used , the operators of these service facilities shall be organised in such a way that they are independent of this body or firm in organisational and decision-making terms. Such independence shall not entail the requirement of the establishment of a separate body or firmlegal entity for service facilities and may be fulfilled with the organisation of distinct divisions within a single undertakinglegal entity.
Amendment 141 #
Proposal for a directive
Article 13 – paragraph 6
Article 13 – paragraph 6
6. Where a service facility referred to in point 2 of Annex II, has not been in use for at least threewo consecutive years and interest by railway undertakings for access to this facility has been expressed to the operator of that 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 that service facility demonstrates that an on-going process of reconversion prevents its use by any railway undertaking.
Amendment 144 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. In this context, the Commission shall closely involve representatives of the Member States and of the sectors concerned in its work, including user, including representatives of the regulatory bodies referred to in Article 55, and of the sectors concerned in its work, including, where appropriate, the railways sector's social partners, users and local and regional authorities representatives, so that they are better able to monitor the development of the railway sector and the evolution of the market, to assess the effect of the measures adopted and to analyse the impact of the measures planned by the Commission. Where appropriate, the Commission shall also involve the European Railway Agency, in accordance with its functions as provided for in Regulation (EC) 881/2004.
Amendment 145 #
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The Commission shall monitor the use of the networks and the evolution of framework conditions in the rail sector, in particular infrastructure charging, capacity allocation, investments made in railway infrastructure, developments as regards prices and the quality of rail transport services, rail transport services covered by public service contracts, licensing and the degree of market opening and harmonisation between Member States, development of employment and the related-social conditions in the rail sector. These monitoring activities are without prejudice to similar activities existing in Member States and to the role of social partners.
Amendment 146 #
Proposal for a directive
Article 15 – paragraph 4 – point a
Article 15 – paragraph 4 – point a
(a) the evolution of the internal market in rail services and services to be supplied to railway undertakings, as referred to in Annex II;
Amendment 147 #
Proposal for a directive
Article 15 – paragraph 4 – point b
Article 15 – paragraph 4 – point b
(b) the framework conditions referred to in paragraph 3, including for public passenger transport services by rail;
Amendment 148 #
Proposal for a directive
Article 15 – paragraph 5
Article 15 – paragraph 5
5. For the purposes of the market monitoring by the Commission, Member States shall, while respecting the role of the social partners, supply to the Commission on an annual basis the necessary information on the use of the networks and the evolution of framework conditions in the rail sector.
Amendment 149 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
Amendment 151 #
Proposal for a directive
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The Commission mayshall adopt measures setting out the details for the use of a common template for the licence and, if needed to ensure fair and efficient competition in rail transport markets, details on the procedure to be followed for the application of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 62(3).
Amendment 152 #
Proposal for a directive
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Without prejudice to their competence regarding railway infrastructure planning and financing, and to the budgetary principle of annuality, where applicable, Member States shall ensure that a contractual agreement, fulfilling the basic principles and parameters set out in Annex V, is concluded between the competent authority and the infrastructure manager covering a period of not less than threfive years.
Amendment 154 #
Proposal for a directive
Article 31 – paragraph 3 – subparagraph 2
Article 31 – paragraph 3 – subparagraph 2
Before ...*the deadline for transposition set in Article 64(1), the Commission shall adopt measures setting out the methodology for the calculation of the cost that is directly incurred as a result of operating the train. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 62 (3). ––––––––––––––––– * OJ: Please insert date- 36 months after the entry into force of this Directive0.
Amendment 156 #
Proposal for a directive
Article 31 – paragraph 3 – subparagraph 3
Article 31 – paragraph 3 – subparagraph 3
The infrastructure manager may decide to gradually adapt to this methodology referred to in paragraph 4 during a period of no more than fivetwo years after… *. * OJ: Please insert the date - 36 months after the entry into force of this Directive the deadline for transposition set out in Article 64(1).
Amendment 157 #
Proposal for a directive
Article 31 – paragraph 5 – subparagraph 1
Article 31 – paragraph 5 – subparagraph 1
Amendment 158 #
Proposal for a directive
Article 31 – paragraph 5 – subparagraph 2
Article 31 – paragraph 5 – subparagraph 2
Based on the experience gained by infrastructure managers, railway undertakings, regulatory bodies and competent authorities, and recognising existing schemes on noise differentiation, the Commission may adopt implementingshall propose measures setting out the detailed arrangementmodalities to be followed for the application of the charging for the cost of noise effects including its duration of application and enabling the differentiation of infrastructure charges to take into account, where appropriate, the sensitivity of the area affected, in particular in terms of the size of population affected and the train composition with an impact on the level of noise emissions. Thoese implementing acts shall be adopted in accordance with the examination procedure referred to in Article 62 (3)measures shall not result in an undue distortion of competition between railway undertakings and take into account the overall competitiveness of the rail sector.
Amendment 159 #
Proposal for a directive
Article 32 – paragraph 4 – subparagraph 1
Article 32 – paragraph 4 – subparagraph 1
4. The infrastructure charges may be differentiated to giverains equipped with European Train Control System (ECTS) compliant with the version adopted by the Commission Decision 2008/386/EC and successive versions running on railway corridors specified in Commission Decision 2009/561/EC which are not equipped with the European Rail Traffic Management System (ERTMS) according to the timetable indicated in this Commission Decision shall enjoy a temporary reduction of the infrastructure charge in accordance with Annex VIa. The infrastructure charges for the use of railway corridors specified in the Commission Decision 2009/561/EC which are equipped with the European Rail Traffic Management System (ERTMS) according to the timetable indicated in this Commission Decision shall be differentiated. This differentiation shall give sufficient incentives to equip trains with the European Train Control System (ETCTS) compliant with the versand to compensate the cost for railway undertakings of maintaining other rail traffic management systems operational. Notwithstanding this obligation, Member States may decide that this differentiation adopted by the Commission Decision 2008/386/EC and successive versions. es not apply to railway lines on which only ETCS equipped trains may run. Member States may decide to extend this differentiation to railway lines not specified in Commission Decision 2009/561/EC.
Amendment 160 #
Proposal for a directive
Article 32 – paragraph 4 – subparagraph 2
Article 32 – paragraph 4 – subparagraph 2
Amendment 162 #
Proposal for a directive
Article 56 – paragraph 2 – subparagraph 2 (new)
Article 56 – paragraph 2 – subparagraph 2 (new)
The regulatory body shall also cooperate closely with the national safety authority within the meaning of Directive 2008/57/EC, and the licensing authority within the meaning of the present Directive. Member States shall ensure that these authorities jointly develop a framework for information-sharing and cooperation aimed at preventing adverse effects on competition or safety in the railway market. This framework shall include a mechanism for the regulatory body to provide the national safety and licensing authorities with non-binding recommendations on issues that may affect competition in the railway market and for the national safety authority to provide the regulatory body and licensing authority with non-binding recommendations on issues that may affect safety. Without prejudice to the independence of each authority within the field of their respective competences, the relevant authority shall examine any such recommendation and give justifications if it intends to deviate from these recommendations before adopting its decisions.
Amendment 164 #
Proposal for a directive
Article 56 – paragraph 4
Article 56 – paragraph 4
4. The regulatory body shall have the necessary organisational capacity to carry out its functionsin terms of human and material resources, which shall be proportionate to the importance of the rail sector in the Member State.
Amendment 165 #
Proposal for a directive
Article 56 – paragraph 5 a (new)
Article 56 – paragraph 5 a (new)
5a. The regulatory body shall regularly, and in any case at least every two years, consult representatives of users of the rail freight and passenger transport services, to take into account their views on the rail market.
Amendment 166 #
Proposal for a directive
Article 56 – paragraph 6
Article 56 – paragraph 6
6. TIn the exercise of all of its tasks, the regulatory body shall have the power to request relevant information from the infrastructure manager, applicants and any third party involved within the Member State concerned. Information requested shall be supplied without undue delay and in any case within a period set by the regulatory body that shall not exceed one month. The regulatory body shall be enabled to enforce such requests with the appropriate sanctions, including fines. Information to be supplied to the regulatory body includes all data which the regulatory body requires in the framework of its appeal function and in its function of monitoring the competition in the rail services markets in accordance with paragraph 2. This includes data which are necessary for statistical and market observation purposes.
Amendment 167 #
Proposal for a directive
Article 56 – paragraph 7 – subparagraph 1
Article 56 – paragraph 7 – subparagraph 1
7. The regulatory body shall be required toconsider any complaints and, as appropriate, shall ask for relevant information and initiate consultations with all relevant parties, within one month from the receipt of the complaint. It shall decide on any complaints and, take action to remedy the situation within a maximum period of two monthand inform the relevant parties of its reasoned decision within a pre- determined, reasonable time, and, in any case, within six weeks from receipt of all relevant information. Without prejudice to the powercompetences of the national competition authorities for securing competition in the rail service markets, the regulatory body shall, where appropriate, decide on its own initiative on appropriate measures to correct discriminations against applicants, market distortions and any other undesirable developments in these markets, in particular with reference to points (a) to (g) of paragraph 1.
Amendment 169 #
Proposal for a directive
Article 57 – paragraph 1
Article 57 – paragraph 1
1. The regulatory bodies shall exchange information about their work and decision- making principles and practice and otherwise cooperate for the purpose of coordinating their decision-making across the Union. For this purpose they shall participate and work together in a networking group that convenes at regular intervals. To ensure active cooperation between the appropriate regulatory bodies, the Commission shall support them in this taskhe Commission shall be a member, coordinate and support the work of the network and make recommendations to the network, as appropriate. It shall ensure active cooperation of the appropriate regulatory bodies.
Amendment 170 #
Proposal for a directive
Article 57 – paragraph 6 a (new)
Article 57 – paragraph 6 a (new)
At the request of a regulatory body, the Commission may participate in the activities listed under paragraph 2 to 6 for the purpose of facilitating the cooperation of regulatory bodies as outlined in the above mentioned paragraphs.
Amendment 172 #
Proposal for a directive
Article 63 – paragraph 2
Article 63 – paragraph 2
Amendment 174 #
Proposal for a directive
Article 63 – paragraph 2 a (new)
Article 63 – paragraph 2 a (new)
2. In light of the experience acquired through the network of regulatory bodies, the Commission shall no later than one year after the deadline for transposition of this Directive, submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of Regions a report on the cooperation between regulatory bodies. The Commission shall, if appropriate, present a legislative proposal establishing a European regulatory body. This body shall have a supervisory and arbitration function to deal with cross-border and international problems and to hear appeals of decisions taken by national regulatory bodies.
Amendment 175 #
Proposal for a directive
Article 64 – paragraph 1
Article 64 – paragraph 1
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive including as regards compliance by undertakings, operators, applicants, authorities and other entities concerned by ...*. They shall forthwith communicate to the Commission the text of those provisions. ________________ * OJ: Please insert date - 3612 months from the entry into force of this Directive
Amendment 177 #
Proposal for a directive
Annex II – paragraph 2 – point a
Annex II – paragraph 2 – point a
(a) passenger stations, their buildings and other facilities, including travel information display and suitable location for ticketing services, allocated in a non- discriminatory way;
Amendment 178 #
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 maintenance facilities exclusively dedicated to specific types ofhigh-speed rolling stock, and other technical facilities, including cleaning and washing facilities;
Amendment 182 #
Proposal for a directive
Annex II – paragraph 4 – point e
Annex II – paragraph 4 – point e
(e) heavy maintenance services supplied in maintenance facilities exclusively dedicated to specific types ofhigh-speed rolling stock.
Amendment 186 #
Proposal for a directive
Annex VI a (new)
Annex VI a (new)
The temporary reduction of the infrastructure charge for ETCS equipped trains, as referred to in Article 32(3) shall be established as follows: For freight transport: For the lines which according to the Commission Decision 2009/561/EC of 22 July 2009 establishing the European deployment plan shall be equipped with ETCS by 2015 or 2020, respectively: - A reduction of 20% until ETCS is operational on the respective line - An increase of 20% from the date as of which ETCS is operational on the respective line for trains which are not equipped with ETCS For passenger transport: For the lines which according to the Commission Decision 2009/561/EC of 22 July 2009 establishing the European deployment plan shall be equipped with ETCS by 2015 or 2020, respectively: - A reduction of 10% onwards until ETCS is operational on the respective line - An increase of 10% from the date as of which ETCS is operational on the respective line for trains which are not equipped with ETCS
Amendment 272 #
Proposal for a directive
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) "infrastructure manager" means any body or firm responsible in particular for establishing, managing and maintaining railway infrastructure, including traffic management and control-command and signalling; the essential functions of the infrastructure manager on a network or part of a network may be allocated to different bodies or firmsare: the decision making on train path allocation, including both the definition and the assessment of availability and the allocation of individual train paths and the decision making on infrastructure charging, including determination and collection of the charges, and investments in infrastructure;
Amendment 272 #
Proposal for a directive
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) "infrastructure manager" means any body or firm responsible in particular for establishing, managing and maintaining railway infrastructure, including traffic management and control-command and signalling; the essential functions of the infrastructure manager on a network or part of a network may be allocated to different bodies or firmsare: the decision making on train path allocation, including both the definition and the assessment of availability and the allocation of individual train paths and the decision making on infrastructure charging, including determination and collection of the charges, and investments in infrastructure;
Amendment 302 #
Proposal for a directive
Article 6 – title
Article 6 – title
Amendment 302 #
Proposal for a directive
Article 6 – title
Article 6 – title
Amendment 307 #
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
Amendment 307 #
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
Amendment 311 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. TIn order to ensure full transparency of infrastructure costs, the accounts for the different areas of activity referred to in paragraphs 1, 2a and 3 shall be kept in a way that allows monitoring of the prohibition on transferring public funds paid to oneincome from infrastructure charges, surpluses from other commercial activities of and public funds paid to the infrastructure manager to another area of activity to another.
Amendment 311 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. TIn order to ensure full transparency of infrastructure costs, the accounts for the different areas of activity referred to in paragraphs 1, 2a and 3 shall be kept in a way that allows monitoring of the prohibition on transferring public funds paid to oneincome from infrastructure charges, surpluses from other commercial activities of and public funds paid to the infrastructure manager to another area of activity to another.
Amendment 323 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Amendment 323 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Amendment 329 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 329 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 335 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. When the provisBy the date of transpositions of Chapter IV, Sections 2 and 3 refer to essential functions of an infrastructure manager, they shall be understood as applying to the charging body or the allocation body for their respective competenciesthis Directive, Member States shall report to the Commission on how the obligations of Annex I a have been implemented. The Commission shall then report to the European Parliament and to the Council on this implementation.
Amendment 335 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. When the provisBy the date of transpositions of Chapter IV, Sections 2 and 3 refer to essential functions of an infrastructure manager, they shall be understood as applying to the charging body or the allocation body for their respective competenciesthis Directive, Member States shall report to the Commission on how the obligations of Annex I a have been implemented. The Commission shall then report to the European Parliament and to the Council on this implementation.
Amendment 340 #
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3 a. Without prejudice to the criteria laid down in Annex Ia transfer of staff shall be allowed between infrastructure managers and railway undertakings under the condition that the prohibition on transferring commercially sensitive information related to the essential functions is duly respected. The transfer of such staff shall respect the relevant national law and regulatory provisions on health, safety, social conditions and the rights of workers and shall not lead to any deterioration of the social and working conditions of workers.
Amendment 340 #
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3 a. Without prejudice to the criteria laid down in Annex Ia transfer of staff shall be allowed between infrastructure managers and railway undertakings under the condition that the prohibition on transferring commercially sensitive information related to the essential functions is duly respected. The transfer of such staff shall respect the relevant national law and regulatory provisions on health, safety, social conditions and the rights of workers and shall not lead to any deterioration of the social and working conditions of workers.
Amendment 346 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. HWhenever revenues are not sufficient to cover the financing needs of the infrastructure manager, without prejudice to the charging framework of Articles 31 and 32, and having due regard to Articles 93, 107 and 108 of the Treaty, Member States mayshall also provide the infrastructure manager with financing consistent with its tasks, the size of the infrastructure and financial requirements, in particular in order to cover new investments.
Amendment 346 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. HWhenever revenues are not sufficient to cover the financing needs of the infrastructure manager, without prejudice to the charging framework of Articles 31 and 32, and having due regard to Articles 93, 107 and 108 of the Treaty, Member States mayshall also provide the infrastructure manager with financing consistent with its tasks, the size of the infrastructure and financial requirements, in particular in order to cover new investments.
Amendment 352 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
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 in a non- discriminatory manner before the businvess plantment programme is approved. The regulatory body referred to in Article 55 shall issue a non-binding opinion on whether the business plan dis appropriate to achieve these objectivecriminates between applicants.
Amendment 352 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
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 in a non- discriminatory manner before the businvess plantment programme is approved. The regulatory body referred to in Article 55 shall issue a non-binding opinion on whether the business plan dis appropriate to achieve these objectivecriminates between applicants.
Amendment 355 #
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
Member States shall ensure that, under normal business conditions and over a period of no more than three years, the accounts of anthe infrastructure manager shall not show a financing deficit for more than two consecutive years and at least balance income from infrastructure charges, private finance, surpluses from other commercial activities and State funding on the one hand, and infrastructure expenditure on the other , including advance payments from the State, annual interest rates and sustainable financing of long-term asset renewals, where appropriate .
Amendment 355 #
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
Member States shall ensure that, under normal business conditions and over a period of no more than three years, the accounts of anthe infrastructure manager shall not show a financing deficit for more than two consecutive years and at least balance income from infrastructure charges, private finance, surpluses from other commercial activities and State funding on the one hand, and infrastructure expenditure on the other , including advance payments from the State, annual interest rates and sustainable financing of long-term asset renewals, where appropriate .
Amendment 399 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
Track access to the services referred to in Annex III, point 2,2 and their use shall be supplied by all operators of service facilities in a non-discriminatory manner.
Amendment 399 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
Track access to the services referred to in Annex III, point 2,2 and their use shall be supplied by all operators of service facilities in a non-discriminatory manner.
Amendment 430 #
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 navoid any kind of discrimination and/or not equal conditions to guarantee transparency. However newly built maintenance and other technical facilities developed for high-speed rolling stock, in accordance with Commission Decision 2008/232/EC of 21 February 2008 concerning a technical specification for interoperability relating to the rolling stock sub-system of the trans-European high-speed rail system 1, may be reserved to the use of one railway undertaking for a period of ten years from the start of their operation and renewable once under the supervision of the regulatory body. 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 of five years from the start of their operation.
Amendment 430 #
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 navoid any kind of discrimination and/or not equal conditions to guarantee transparency. However newly built maintenance and other technical facilities developed for high-speed rolling stock, in accordance with Commission Decision 2008/232/EC of 21 February 2008 concerning a technical specification for interoperability relating to the rolling stock sub-system of the trans-European high-speed rail system 1, may be reserved to the use of one railway undertaking for a period of ten years from the start of their operation and renewable once under the supervision of the regulatory body. 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 of five years from the start of their operation.
Amendment 474 #
Proposal for a directive
Article 15 – paragraph 5 – subparagraph 1
Article 15 – paragraph 5 – subparagraph 1
For the purposes of the Commission's market monitoring, Member States shall supply on an annual basis the following information indicated inas Annex IV, as well as all other necessary data requested by the Commission: (a) the evolution of rail transport performance and compensation for Public Service Obligations (PSO); (b) the modal share of railway undertakings in total transport performance; (c) the resources and activities of regulatory bodies dedicated to their functioning as appeal bodies; (d) the relevant developments as regards restructuring of the incumbent railway undertaking and adoption/implementation of national transport strategies over the previous year; (e) the important training initiatives/measures in the field of railway transport taken in a Member State during the previous year; (f) the employment and the social conditions of railway undertakings, infrastructure managers and of other companies active in the railway sector at the end of the previous year; (g) the investments in the high-speed rail network during the previous year; (h) the length of the railway network a the end of the previous year; (i) the track access charges during the previous year; (j) the existence of a performance scheme set up according to Article 35 of this Directive; (k) the number of active licences issued by the competent national authority; (l) the status of ERTMS deployment; (m) the number of incidents, accidents and serious accidents as defined by Directive 2004/49/EC which occurred on the network during the previous year; (n) other relevant developments.
Amendment 474 #
Proposal for a directive
Article 15 – paragraph 5 – subparagraph 1
Article 15 – paragraph 5 – subparagraph 1
For the purposes of the Commission's market monitoring, Member States shall supply on an annual basis the following information indicated inas Annex IV, as well as all other necessary data requested by the Commission: (a) the evolution of rail transport performance and compensation for Public Service Obligations (PSO); (b) the modal share of railway undertakings in total transport performance; (c) the resources and activities of regulatory bodies dedicated to their functioning as appeal bodies; (d) the relevant developments as regards restructuring of the incumbent railway undertaking and adoption/implementation of national transport strategies over the previous year; (e) the important training initiatives/measures in the field of railway transport taken in a Member State during the previous year; (f) the employment and the social conditions of railway undertakings, infrastructure managers and of other companies active in the railway sector at the end of the previous year; (g) the investments in the high-speed rail network during the previous year; (h) the length of the railway network a the end of the previous year; (i) the track access charges during the previous year; (j) the existence of a performance scheme set up according to Article 35 of this Directive; (k) the number of active licences issued by the competent national authority; (l) the status of ERTMS deployment; (m) the number of incidents, accidents and serious accidents as defined by Directive 2004/49/EC which occurred on the network during the previous year; (n) other relevant developments.
Amendment 654 #
Proposal for a directive
Annex 1 a (new)
Annex 1 a (new)
Amendment 654 #
Proposal for a directive
Annex 1 a (new)
Annex 1 a (new)
Independence and transparency criteria to be fulfilled by the infrastructure manager: (referred to in Article 3(2)) (a) Compliance with the independence and transparency criteria 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 those independence requirements are not adequately fulfilled; (b) Statutory and/or contractual independence provisions shall be set in the relationship between the controlling structure or holding and the infrastructure manager, between the infrastructure manager and other companies of the group, or other entities which are controlled by the holding, including in particular the shareholders’ meeting of the infrastructure manager; (c) The board members of the holding and/or of other companies of the holding shall not be in the board of the infrastructure manager and shall not exercise any voting rights in the board of the infrastructure manager; (d) The board members of the infrastructure manager and senior staff members dealing with essential functions shall, for a period of three years, be barred from accepting any senior position with the holding or with other entities under its control after they leave the infrastructure manager. (e) The management board, the administrative board, the supervisory board of or bodies legally representing the infrastructure manager shall not be appointed by any controlling structure or holding the infrastructure manager is part of in order to ensure full independence of the infrastructure manager. It shall be appointed and dismissed under the control of the regulatory body referred to in Article 55. (f) The infrastructure manager shall define and adopt its business plan as referred to in Article 8 independently from any controlling structure or holding and from any railway undertaking. (g)The infrastructure manager shall have the necessary organisational capacity to perform its functions independently from any railway undertaking and shall not be allowed to delegate the operation of its functions to bodies or firms which directly or indirectly exercise control, hold any interest in or exercise any right over a railway undertaking. (h) The infrastructure manager shall have its own staff and be located in separate premises or with protected access. Access to the information systems shall be protected. The internal rules or staff contracts shall clearly limit the contacts with the holding and other companies under its control to the official communications connected with the exercise of the essential functions. In particular, commercially sensitive information related to the functions of the infrastructure manager defined in Article 3(2) held by the infrastructure manager shall not be transferred to any railway undertaking. (i) Remuneration systems for the staff of the infrastructure manager shall only be based on the performance of the infrastructure manager.
Amendment 656 #
Proposal for a directive
Annex 1 – indent 10 a (new)
Annex 1 – indent 10 a (new)
– The part of the passenger station building and the facilities functionally necessary for rail operations: common transit areas, platforms and platform roofing, platform access facilities (underpasses, footbridges, escalators, lifts), public information systems (monitors, electronic displays), any movement control areas (control centre, movement controllers’ offices, telephone switchboards, etc.).
Amendment 656 #
Proposal for a directive
Annex 1 – indent 10 a (new)
Annex 1 – indent 10 a (new)
– The part of the passenger station building and the facilities functionally necessary for rail operations: common transit areas, platforms and platform roofing, platform access facilities (underpasses, footbridges, escalators, lifts), public information systems (monitors, electronic displays), any movement control areas (control centre, movement controllers’ offices, telephone switchboards, etc.).
Amendment 712 #
Proposal for a directive
Annex 8 – point 3
Annex 8 – point 3
3. The infrastructure manager shall demonstrate to the regulatory body the ability of a train service to payfine homogeneous market segments and corresponding mark-ups according tohe sense of Article 32(1), whereby each of the services listed under a single on the basis of a market study and after consultatione of the following points shall belong to different market segments: (a) Passenger vs freight services; (b) Trains carrying dangerous goods vs other freight trains; (c) Domestic vs international services; (d) Combined transport vs direct trains; (e) Urban or regional vs interurban passenapplicants. The infrastructure manager shall demonstrate to the regulatory body the ability of a train service to pay mark-ups according to Article 32(1). In case the infrastructure manager serlevices; (f) Block trains vs single wagon load trains; (g) Regular vs occasional train services mark-ups, it shall develop a list of market segments to which the regulatory body shall give its prior approval.
Amendment 712 #
Proposal for a directive
Annex 8 – point 3
Annex 8 – point 3
3. The infrastructure manager shall demonstrate to the regulatory body the ability of a train service to payfine homogeneous market segments and corresponding mark-ups according tohe sense of Article 32(1), whereby each of the services listed under a single on the basis of a market study and after consultatione of the following points shall belong to different market segments: (a) Passenger vs freight services; (b) Trains carrying dangerous goods vs other freight trains; (c) Domestic vs international services; (d) Combined transport vs direct trains; (e) Urban or regional vs interurban passenapplicants. The infrastructure manager shall demonstrate to the regulatory body the ability of a train service to pay mark-ups according to Article 32(1). In case the infrastructure manager serlevices; (f) Block trains vs single wagon load trains; (g) Regular vs occasional train services mark-ups, it shall develop a list of market segments to which the regulatory body shall give its prior approval.
Amendment 724 #
Proposal for a directive
Annex 10 – point 1 – point c
Annex 10 – point 1 – point c
(c) include cost and profit categories making it possible to determine whether cross-subsidies between these different activities occurred, according to the requirements of Article 6 and as deemed necessary and proportionate by the regulatory body;
Amendment 724 #
Proposal for a directive
Annex 10 – point 1 – point c
Annex 10 – point 1 – point c
(c) include cost and profit categories making it possible to determine whether cross-subsidies between these different activities occurred, according to the requirements of Article 6 and as deemed necessary and proportionate by the regulatory body;