12 Amendments of Dominique RIQUET related to 2013/0029(COD)
Amendment 81 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Despite the implementation of the safeguards set out in Directive 2013/34/EU guaranteeing the independence of the infrastructure manager, vertically integrated undertakings could use their structure to give railway operators belonging to such undertakings an undue competitive edge.
Amendment 84 #
Proposal for a directive
Recital 10
Recital 10
(10) The existing requirements of Directive 2012/34/EU only includeotal separation (in legal, organisational and, decision-making iandependence. This does not entirely exclude the possibility of maintaining an integrated undertaking, as long as these three categories of independence are ensured. Concerning the decision-making independence it must be ensured that the appropriate safeguards exclude control of an integrated accounting terms) of infrastructure management and all undertakings over the decision-making of an infrastructure manager. However, even the full application of such safeguards does not ffering rail services on such infrastructure is the only way of guarding against anti-completely remove all the possibilities for discriminatory behaviour towards competitors which exist in the presence of a vertically integrated undertaking. In particular, the potential for cross- subsidisation still exists in integrated structures, or at least it is very difficult for regulatory bodies to control and enforce safeguards which are established to prevent such cross-subsidisation. An institutional separation of infrastructure management and transport operitive practices and of successfully building, for the benefit of all passengers, an open, non-discriminatory European rail market that is capable of stimulating technological and commercial innovation isn the most effective measure to solve these problemsrail sector.
Amendment 95 #
Proposal for a directive
Recital 11
Recital 11
(11) Member States should therefore be required to ensure that the same legal or natural person or persons are not entitled to exercise control over an infrastructure manager and, at the same time, exercise control or any right over a railway undertaking. Conversely, control over a railway undertaking should preclude the possibility of exercising control or any right over an infrastructure managerThis Directive aims to establish free and fair competition between all railway undertakings, and therefore precludes a railway undertaking from retaining a vertically integrated model as defined in Article 3.
Amendment 99 #
Proposal for a directive
Recital 12
Recital 12
Amendment 109 #
Proposal for a directive
Recital 13
Recital 13
(13) Despite the implementation of the safeguards guaranteeing independence vertically integrated undertakings could abuse of their structure to provide undue competitive advantages for railway operators belonging to such undertakings. For this reason, without prejudice to Article 258 of the Treaty on the Functioning of the European Union, the Commission should verify, upon request of a Member State or on its own initiative, that these safeguards are effectively implinfrastructure managemented and that any remaining distortions of competition are removedall undertakings offering railway services on that infrastructure are indeed totally separate. In case the Commission is not in a position to confirm that this has been achieved, all Member States should have the possibility to limit or revoke access rights of the integrated operators concerned.
Amendment 122 #
Proposal for a directive
Recital 19
Recital 19
(19) In order to increase the attractiveness of railway services for passengers, Member States should be in a position to require railway undertakings operating domestic passenger services to participate inshould cooperate with one another to set up a common information and integrated ticketing scheme for the supply of tickets, through-tickets and reservations. If such a scheme is established, it should be ensured that it does not create market distortion or discriminate between railway undertakings.
Amendment 237 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2012/34/EU
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 474 #
Proposal for a directive
Article 1 – point 6 – point d
Article 1 – point 6 – point d
Directive 2012/34/EU
Article 11 – paragraph 5
Article 11 – paragraph 5
(d) paragraph 5 is deleted. replaced by the following: 1. In the context of public service contracts, Member States shall restrict the right to create new passenger transport services between a given place of departure and a given place of destination or an alternative route covered by one or more passenger transport services in respect of which access is provided for in Article 10(2) if the new public service contract jeopardises the economic equilibrium of these existing services. 2. The degree to which the economic equilibrium of a passenger transport service in respect of which access is provided for in Article 10(2) has been compromised shall be assessed by the relevant national supervisory authority or by the bodies referred to in Article 55, on the basis of an objective economic analysis and pre-determined criteria, at the request of one of the following actors: (a) the competent authority or competent authorities which plan to award the public service contract; (b) the railway undertaking which operates the services in accordance with Article 10(2); (c) the infrastructure manager. The request must be made within one month of the last publication effected in accordance with Article 7 of Regulation (EC) No 1370/2007. 3. The national regulatory authority shall state the reasons for its decision and specify the basis on which one of the parties referred to in the previous paragraph may request a review of the decision within one month of its notification. 4. If the national supervisory authority declares that the economic equilibrium of the existing service has been compromised, it shall impose restrictions on the new public service in such a way as to remedy that problem. The national supervisory authority may also ban the introduction of the new service.
Amendment 484 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2012/34/EU
Article 13 a – paragraph 1
Article 13 a – paragraph 1
1. Without prejudice to Regulation (EC) No 1371/2007 and Directive 2010/40/EU, Member States may require railway undertakings operating domestic passenger services shall work together with a view to participateing in a common information and integrated ticketing scheme for the supply of tickets, through- tickets and reservations or. Member States may decide to give the power to competent authorities to establish such a scheme. If such a scheme is established, Member States shall ensure that it does not create market distortion or discriminate between railway undertakings and that it is managed by a public or private legal entity or an association of all railway undertakings operating the passenger services concerned.
Amendment 497 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
2a. Under no circumstances may railway undertakings participating in common information and integrated ticketing scheme be subject to provisions requiring them to make available directly and free of charge information regarding their timetables and fares for the purposes of developing such a scheme. This information shall be provided on the basis of agreements between the rail undertakings and the entity managing the scheme.
Amendment 542 #
Proposal for a directive
Article 1 – point 8 d (new)
Article 1 – point 8 d (new)
Directive 2012/34/EU
Article 57
Article 57
Amendment 563 #
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 2012/34/EU
Article 63 – paragraph 1 – subparagraph 2
Article 63 – paragraph 1 – subparagraph 2
By the same date, the Commission shall assess whether discriminatory practices or other types of distortion of competition persist in relation to infrastructure managers which are part of a vertically integrated undertaking. The Commission shall, if appropriate, propose new legislative measures.