53 Amendments of Dominique RIQUET related to 2013/0014(COD)
Amendment 32 #
Proposal for a regulation
Recital 3
Recital 3
(3) The European Railway Agency was originally established by Regulation (EC) 881/2004 of the European Parliament and of the Council of 29 April 2004, in order to promote the establishment of a European railway area without borders and to help revitalise the railway sector while reinforcing its essential advantages in terms of safety. Regulation 881/2004 has to be replaced by a new act due to the substantial amount of changeschanges which should be made to the tasks of the Agency and its internal organisation.
Amendment 36 #
Proposal for a regulation
Recital 5
Recital 5
(5) The Agency should contribute to the creation and effective functioning of a Single European railway area without frontiers and guaranteeing a high level of safety while improving the competitive position of the railway sector. That should be attained by contributing, on technical matters, to the implementation of European Union legislation by enhancing the level of interoperability of railway systems and to developing a common approach to safety on the European railway system. The Agency should also perform the role of European authority responsible for issuing authorisations for placing on the market for railway vehicles and for types of vehicles, safety certificates for railway undertakings and authorisations for placing in service of trackside control-command and signallingERTMS sub-systems. Moreover, it should monitor national railway rules and the performance of national authorities acting in the railway interoperability and safety fields.
Amendment 52 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to further pursue the development of Single European rail area, in particular with relation to providing appropriate information to freight customers and passengers, and taking into account current involvement of the Agency, it is necessary to give it a strengthened role in the field of telematics applications. This would ensure their consistent development and swift deployment, excluding commercial applications, which remain the responsibility of the operators.
Amendment 62 #
Proposal for a regulation
Recital 14
Recital 14
(14) Competent national authorities have been normally charging for issuing vehicle authorisations and safety certificates. With the transfer competence to the Union level, the Agency should be entitled to charge the applicants for issuing the certificates and authorisations mentioned in the preceding recitals. The level of those charges should be equal to or lower than the current average in the Unvary according to the extent of operations and area of use specified in the certificate or authorisation and should be determined in a delegated act to be adopted by the Commission.
Amendment 74 #
Proposal for a regulation
Recital 24
Recital 24
(24) In order to ensure the greatest possible transparency and equal access for all parties to relevant information, the documents envisaged for the railway interoperability and safety processes should be accessible to the public. The same applies to licences, safety certificates and other relevant railway documents. The Agency should provide an efficient, user friendly and easily accessible means of exchanging and publishing this information.
Amendment 79 #
Proposal for a regulation
Recital 28
Recital 28
(28) In order to perform its tasks properly, the Agency should have legal personality and an autonomous budget funded mainly through a contribution by the Union and through fees and charges paid by applicants. The EU contribution will need to be assessed and revised each time new powers are added which are not subject to fees or charges paid by applicants. In order to ensure independence in its daily management and in the opinions, recommendations and decisions which it issues, the Agency’s organisation should be transparent, the Executive Director should have full responsibility. The Agency’'s staff should be independent and should represent an appropriate balance of short-term and long-term contracts, in order to maintain its organisational knowledge and business continuity while keeping necessary and on- going exchange of expertise with the railway sector.
Amendment 85 #
Proposal for a regulation
Recital 37
Recital 37
(37) In order to properly determine the level of fees and charges which the Agency is entitled to levy, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of articles dealing with issuing and renewal of authorisations for placing in service of trackside control- command and signallingERTMS subsystems, authorisations for placing on the market for vehicles and for types of vehicles, and safety certificates. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 98 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) address recommendations to Member States concerning the application of Articles 21, 22 and 30 and to the national safety authorities concerning the application of Article 29(4);
Amendment 107 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 4
Article 4 – paragraph 2 – subparagraph 4
The Agency may, if necessary, appoint to the working parties independent experts and representatives of international organisations recognised as competent in the field concerned. Staff of the Agency may not be appointed to the working parties, except for the chair of the working parties, who shall be a representative of the Agency.
Amendment 108 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Each year, each representative body referred to in Article 34 shall forward to the Agency a list of the most qualified experts mandated to represent them in each working party.
Amendment 111 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
Amendment 115 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
These consultations shall be held before the Agency submits its recommendations to the Commission. The Agency shall take due account of these consultations, and shall, at all times, be available to expound on its recommendations. The opinions expressed by the sectoral dialogue committee shall be forwarded, within two months, by the Agency to the Commission and by the Commission to the committee referred to in Article 75.
Amendment 118 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
These consultations shall be held before the Agency submits its proposals to the Commission. The Agency shall take due account of these consultations, and shall, at all times, be available to expound on its proposals. The opinions expressed by the organisations concerned shall be forwarded, within two months, by the Agency to the Commission and by the Commission to the committee referred to in Article 75.
Amendment 120 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Member States and stakeholders shall provide the Agency, as required and at its request, with the data necessary for the impact assessment.
Amendment 124 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Agency shall issue opinions at the request of thone or more national regulatory bodies referred to in Article 55 of Directive 2012/34/EU [Directive establishing a Single European Rail Area (recast)] concerning safety-related and interoperability-related aspects of matters drawn to their attention.
Amendment 128 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Agency may carry out visits to the Member States in order to perform its tasks, in particular those referred to in Articles 12, 21, 22, 16, 17, 18, 27, 28, 29, 30, 31 , 33 and 38, in accordance with the policy defined by the Management Board.
Amendment 131 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Agency shall issue recommendations to the Commission on the Common Safety Methods (CSMs), the Common Safety Indicators (CSIs) and the Common Safety Targets (CSTs) provided for in Articles 6 and 7 of Directive … [the Railway Safety Directive]. The Agency shall also issue recommendations on periodic revision of CSMs and CSTs to the Commission.
Amendment 136 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
The Agency shall issue, suspend, amend, renew or revoke single safety certificates in accordance with Articles 10 and 11 of Directive … [the Safety Directive].
Amendment 145 #
Proposal for a regulation
Article 15 – paragraph 1 – point g a (new)
Article 15 – paragraph 1 – point g a (new)
(ga) submit to the Commission the recommendations on European standards developed by European standardisation bodies, particularly concerning spare parts.
Amendment 150 #
Proposal for a regulation
Article 15 – paragraph 1 – point g b (new)
Article 15 – paragraph 1 – point g b (new)
(gb) In cooperation with the network of national safety authorities, the Agency shall issue opinions aimed at harmonising the national rules referred to in Article 21(1).
Amendment 164 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
The Agency shall issue, suspend, amend, renew or revoke authorisations for placing on the market for railway vehicles in accordance with Article 20 of Directive … [the Interoperability Directive].
Amendment 172 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
The Agency shall issue, suspend, amend, renew or revoke authorisations for placing on the market for types of vehicles in accordance with Article 22 of Directive … [the Interoperability Directive].
Amendment 180 #
Proposal for a regulation
Article 18 – title
Article 18 – title
Authorisations for placing in service of a trackside control-command and signallingERTMS sub-system sub-systems
Amendment 185 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
The Agency shall issue authorisations for placing in service of thea trackside control- command and signallingERTMS subsystems located or operated in the entire Union in accordance with Article 18 of Directive … [the Interoperability Directive].
Amendment 196 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Where after the examination and within the deadlines referred to in paragraph 1 the Agency considers that national rules enable the essential requirements for interoperability to be fulfilled, CSMs to be respected and the CSTs to be achieved, and that they would not result in arbitrary discrimination or a disguised restriction on rail transport operation between Member States, the Agency shall inform the Commission and the Member State concerned about its positive assessment. The Commission may validate the rule in the IT system referred to in Article 23.
Amendment 213 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Where after the examination referred to in paragraph 1 the Agency considers that national rules enable the essential requirements for interoperability to be fulfilled, CSMs to be respected and the CSTs to be achieved, and that they would not result in arbitrary discrimination or a disguised restriction on rail transport operation between Member States, the Agency shall inform the Commission and the Member State concerned about its positive assessment. The Commission may validate the rule in the IT system referred to in Article 23.
Amendment 215 #
Proposal for a regulation
Article 22 – paragraph 3 – point a
Article 22 – paragraph 3 – point a
(a) issue a recommendation addressed to the Member State concerned, that the problematic rule be repealed or modified immediately, and stating the reasons why theat rule in question shouldhas to be modified or repealed;
Amendment 216 #
Proposal for a regulation
Article 22 – paragraph 3 – point b
Article 22 – paragraph 3 – point b
(b) inform the Commission about its negative assessment and forward to it the recommendation addressed to the Member State concerned.
Amendment 222 #
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Article 22a Use of the database The Agency shall carry out the technical examination of the national rules in force referred to in available national legislation as listed in its reference document database as at the date of entry into force of this Regulation.
Amendment 227 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The Agency shall recommend the adoption of a new version of ERTMS Technical specifications. However, it shall only do so when the previous version has been deployed at a sufficient rate. The development of new versions shall not be detrimental to the rate of deployment of the ERTMS, the stability of the specifications which is needed to optimise the production of ERTMS equipment, the return on investment for railway undertakings and keepers and efficient planning of the deployment of the ERTMS.
Amendment 230 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The Agency mayshall assist the railway undertakings, at their request, in checking the technical and operational compatibility between ERTMS on-board and trackside subsystems before placing a vehicle in service.
Amendment 234 #
Proposal for a regulation
Article 28 – paragraph 2 a (new)
Article 28 – paragraph 2 a (new)
2a. Where the performance of accredited laboratories is in doubt, the Agency shall notify the appropriate bodies accordingly and shall be invited to participate as an observer in peer reviews.
Amendment 241 #
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. If the Agency considers that the deficiencies referred to in paragraph 3 prevent the national safety authority concerned from effectively performing its tasks in relation to railway safety and interoperability, the Agency shall recommend to the national safety authority to take appropriate steps within a time limit to bewhich it defineds taking into account the importance of the deficiency.
Amendment 247 #
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
4. The Agency shall issue audit reports covering the activities referred to in paragraph 3 and send them to the notified conformity assessment body concerned and to the Commission. Each audit report shall include, in particular, any deficiencies identified by the Agency and recommendations for improvement. If the Agency considers that these deficiencies prevent the notified body concerned from effectively performing its tasks in relation to railway safety and interoperability, the Agency shall adopt a recommendation requesting the Member State in which that notified body is established to take appropriate steps within a time limit set by the Agency.
Amendment 250 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. At the Commission’s request, the Agency shall issue recommendations on how to improve the interoperability and safety of the railway systems, in particular by facilitating coordination between railway undertakings and infrastructure managers, or between infrastructure managers.
Amendment 265 #
Proposal for a regulation
Article 33 – paragraph 1 – introductory part
Article 33 – paragraph 1 – introductory part
1. The Agency shall set up and keep, in the most accessible formats, European registers provided for in Article 43, 44 and 45 of Directive … [Interoperability Directive]. The Agency shall act as the system authority for all registers and databases referred to in the Safety, Interoperability and Train Drivers Directives. This shall include, in particular:
Amendment 273 #
Proposal for a regulation
Article 33 – paragraph 2 – point f
Article 33 – paragraph 2 – point f
(f) the national rules notified to the Commission in accordance with Article 8 of Directive … [Railway Safety Directive] and Articles 14 of Directive … [Interoperability Directive] and the Agency's assessment of them;
Amendment 278 #
Proposal for a regulation
Article 33 – paragraph 2 – point m a (new)
Article 33 – paragraph 2 – point m a (new)
(ma) the register of certified entities in charge of maintenance within the meaning of Article 14 of Directive ... [Railway Safety Directive].
Amendment 279 #
Proposal for a regulation
Article 33 – paragraph 5
Article 33 – paragraph 5
5. The national authorities responsible for issuing the licences and certificates referred to in points (c) and (d) of paragraph 2 shall notify the Agency within one monthfifteen days of each individual decision to issue, renew, amend or revoke those licenses and certificates.
Amendment 293 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
The Agency shall contribute to identifying potential railway spare parts to be standardised. To this end, the Agency mayshall establish a working party in order to coordinate the stakeholders’ activities and mayshall establish contacts with the European standardisation bodies. The Agency shall present the Commission with appropriate recommendations. within two years after the entry into force of this Regulation and shall submit the results of its work relating to spare parts to the Commission in accordance with the procedure under Article 75.
Amendment 300 #
Proposal for a regulation
Article 43 – paragraph 4
Article 43 – paragraph 4
4. The term of office of the members shall be fourive years and may be renewed once.
Amendment 301 #
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. The term of office of the Chairperson and Deputy Chairperson shall be fourive years and may be renewed once. If, however, their membership of the Management Board ends at any time during their term of office, their term of office shall automatically expire on that date also.
Amendment 308 #
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
2. The work programme shall be adopted without prejudice to the Union’s annual budgetary procedure. If, within 15 days of the date of adoption of the work programme, the Commission expresses its disagreement with the programme, the Management Board shall re-examine the programme and adopt it, as amended if necessary, within a period of two months, in second reading either by a two-thirds majority of its members entitled to vote, including by all Commission representatives, or by unanimity of the representatives of the Member States.
Amendment 312 #
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. The Agency shall establish one or more independent Boards of Appeal.
Amendment 317 #
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. The term of office of the members and alternates of a Board of Appeal shall be fourive years and may be renewed once.
Amendment 329 #
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. An appeal may be brought before the Board of Appeal against decisions taken, or not taken within the prescribed time limits, by the Agency pursuant to Articles 12, 16, 17 and 18.
Amendment 339 #
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. Any natural or legal person may appeal against a decision addressed to that person by the Agency pursuant to Articles 12, 16, 17 and 18 or against a failure to take a decision within the prescribed time limits.
Amendment 347 #
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
1. When examining the appeal, the Board of Appeal shall act expeditiously and within a maximum of two months. It shall, as often as necessary, invite the parties to the appeal proceedings to file, within specified time limitsone month, observations on its notifications or on communications from other parties to the appeal proceedings. Parties to the appeal proceedings shall be entitled to make oral presentations.
Amendment 357 #
Proposal for a regulation
Article 58 – paragraph 2 – introductory part
Article 58 – paragraph 2 – introductory part
2. The revenue of the Agency shall consist , in particular, of:
Amendment 360 #
Proposal for a regulation
Article 58 – paragraph 2 a (new)
Article 58 – paragraph 2 a (new)
2a. Any task or obligation in addition to the tasks stemming from EU legislation and not entailing compensation as laid down in Article 58(2)(b), (c), (d) and (e) shall be subject to an assessment and to compensation from the budget of the European Union.
Amendment 364 #
Proposal for a regulation
Article 64 – paragraph 1
Article 64 – paragraph 1
The Protocol on the Privileges and Immunities of the European Union shall apply to the agency and its staff without prejudice to judicial and/or extra-judicial proceedings relating to the Agency’s remit.
Amendment 405 #
Proposal for a regulation
Article 77 – paragraph 3 a (new)
Article 77 – paragraph 3 a (new)
3a. The Agency shall undertake the certification and authorisation tasks pursuant to Articles 12, 16, 17 and 18 within one year following the entry into force of this Regulation. Until then, Member States shall continue to apply their national legislation.
Amendment 406 #
Proposal for a regulation
Article 77 – paragraph 3 b (new)
Article 77 – paragraph 3 b (new)
3b. For an additional period of 36 months after the one-year period laid down in Article 77(3a), national safety authorities may continue to issue certificates and authorisations by derogation from Articles 12, 16, 17 and 18 on the terms laid down by the Commission by means of delegated acts within the meaning of Article 75. Before those decisions are taken, the Agency shall ascertain that they will not reduce the level of safety or result in discrimination or restrictions on access to the railway system.