56 Amendments of Dominique RIQUET related to 2023/0271(COD)
Amendment 183 #
Proposal for a regulation
Recital 6
Recital 6
(6) Directive 2012/34/EU recognises the right of Member States not to apply the rules on rail infrastructure capacity allocation to certain parts of the rail network or to certain rail services, where such an exclusion from the scope of Union law would not affect the functioning of the single European railway area. These exclusions, while being strictly limited, should continue to apply and Member States should retain the right to request such exclusions in the future also in relation to this Regulation.
Amendment 188 #
Proposal for a regulation
Recital 8
Recital 8
(8) An increasing portion of the Union rail network is either congested or close to congested and cannot accommodate the needs for rail infrastructure capacity of all applicants and support further growth in the volume of rail transport. Infrastructure development and digitalisation, in compliance with the technical specification for interoperability developed under Directive (EU) 2016/797 of the European Parliament and of the Council, in particular the European Rail Traffic Management System (‘ERTMS’), is expected to result in an increase of available capacity of up to 30% in the medium to long term due to the better frequency it offers compared to class B systems. Nevertheless, infrastructure managers will be required to assign priorities for the use of congested sections. Without prejudice to general principles on priority set out by Member States in the framework for the allocation of infrastructure capacity, infrastructure managers should take decisions on priorities using transparent and harmonised methodologies which clarify how social, economic and environmental factors have been taken into account and affect their decision.
Amendment 189 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Achieving the EU's modal shift objectives primarily hinges on bolstering rail capacity, necessitating investments in rail infrastructure. This includes leveraging national budgets, the Connecting Europe Facility, and private investments to address crucial missing links and alleviate bottlenecks. as well as appropriate levels of funding for maintenance.
Amendment 190 #
Proposal for a regulation
Recital 8 b (new)
Recital 8 b (new)
(8b) In particular, Member States should prevent the degrading of rail infrastructure and minimise the impact of possible capacity restrictions by ensuring long-term funding via multiannual performance agreements.
Amendment 193 #
Proposal for a regulation
Recital 11
Recital 11
(11) When allocating capacity, infrastructure managers should adhere to the strategic plans for the supply of capacity and at the same time ensure that capacity is allocated in accordance with market demand in a fair and non- discriminatory way. For that purpose, some capacity requests may be refused provided alternative capacity was offered and the plan for the supply of capacity must be regularly updated to reflect the actual demand.
Amendment 195 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) In several national rail markets, the infrastructure manager is part of a vertically integrated holding company with one or more passenger and freight transport operators. While allocating capacity to these rail undertakings, it is of the upmost importance for the proper functioning of the market that capacity is allocated in a fair, reasonable and non- discriminatory way. In particular, sensitive information shared with the infrastructure manager as part of the capacity allocation process should be considered as privileged.
Amendment 208 #
Proposal for a regulation
Recital 18
Recital 18
(18) Reliability of rail services is one of the aspects most valued by railway customers. Reliability of schedules is also a critical aspect for the smooth functioning of the rail system, where there are strong interactions between services and network externalities. For that reason, deviations from the schedule should be kept to the minimum. Additionally, a system of adequate incentives should be introduced to promote the fulfilment of commitments by infrastructure managers, railway undertakings, operators of service facilities and other relevant stakeholders. Those incentives should be both of economic and non-economic nature.
Amendment 224 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Chapters II to V of this Regulation shall not apply to rail infrastructure or railway services that are excluded from the application of Chapter IV of Directive 2012/34/EU in accordance with Article 2(3), (3a), (4), (8), (8a), (9), and (10) of that Directive during the period of validity of the relevant exclusions.
Amendment 232 #
Proposal for a regulation
Article 2 – paragraph 3 – point g
Article 2 – paragraph 3 – point g
(g) contribute to the implementation and development of the single European railway area, in particular through common European technical and operational rules and standards, technical equipment requirements, staff certification.
Amendment 239 #
Proposal for a regulation
Article 4 – paragraph 2 – point 1 a (new)
Article 4 – paragraph 2 – point 1 a (new)
(1a) “compensation” means an incentive fee to be paid in case of the amendment and/or cancellation of an allocated train path and shall be limited to the amount defined by the responsible party and published in the network statement of the respective infrastructure manager;
Amendment 248 #
Proposal for a regulation
Article 4 – paragraph 2 – point 10
Article 4 – paragraph 2 – point 10
(10) ‘multi-network rail service’ means a freight or passenger rail transport service, domestic or international, which is operated on two or more networks managed by different infrastructure managers and under the sole responsibility of Member States. The train may be joined and/or split and the different sections may have different origins and destinations, provided that all wagons or carriages cross over into at least one network operated by a different infrastructure manager;
Amendment 260 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Infrastructure managers shall strive to follow common principles and procedures for the management of rail infrastructure capacity. For this purpose, ENIM shall develop in consultation with ENRU and adopt a ‘European framework for capacity management’ in accordance with the provisions of Chapter II by [12 months of the entry into force of this Regulation].
Amendment 278 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2 – introductory part
Article 8 – paragraph 4 – subparagraph 2 – introductory part
Those procedures shall assess alternative options for the use of infrastructure capacity, and may be based on the following socioeconomic and environmental criteria, subject to the availability of normalised and representative data:
Amendment 281 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. ENIM shall develop, in consultation with ENRU, the methodologies referred to in paragraph 5, point b. The parameters of those methodologies shall make it possible to take into account local or national circumstances based on accepted approaches and empirical evidence. ENIM shall include those methodologies in the European framework for capacity management referred to in Article 6.
Amendment 294 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Without prejudice to Articles 7, 7c and 7e of Directive 2012/34/EU, infrastructure managers shall plan infrastructure work in accordance with the business plan and with the investment and financial programmes referred to in Article 8(3) of Directive 2012/34/EU. Where amendments to those programmes after the adoption of the business plan affect or are likely to affect the planning of infrastructure works, the infrastructure manager shall provide an overview of such amendments and their likely impact in the network statement. Infrastructure managers shall be informed by Member States for a period of two years of their level of funding for maintenance, renewal and construction of rail infrastructure.
Amendment 311 #
Proposal for a regulation
Article 12 – paragraph 4 – point c
Article 12 – paragraph 4 – point c
(c) capacity needs announced by operational stakeholders and the input from the consultation of current and potential applicants in accordance with Article 13;
Amendment 314 #
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 1
Article 12 – paragraph 6 – subparagraph 1
Strategic capacity planning shall cover the lines part of the TEN-T core and extended core network referred to in Article 6 of and Annex I to [new TEN-T Regulation]. Infrastructure managers may include other lines and nodes of the network they managesingle European railway area.
Amendment 325 #
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. Infrastructure managers shall make every effort to integrate the needs announced by applicants in the strategic capacity planning documents referred to in Article 11(2). Where infrastructure managers cannot take these needs into account due to lack of capacity, they shall consult the concerned applicant and study relevant alternatives, including on different routes. If such an alternative is not available for all announced capacity needs, infrastructure managers shall make the best efforts to resolve the potential conflict by means of the consensual conflict resolution mechanism referred to in article 36.
Amendment 334 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Infrastructure managers and ENIM, in consultation with ENRRB and ENRU, shall regularly monitor and analyse transport markets in order to inform their overall business strategy, capacity and contingency management and investment decisions. Infrastructure managers shall communicate the results of this analysis to other stakeholders for similar purposes, including the European Coordinators.
Amendment 345 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. The infrastructure manager shall prepare, publish and regularly updateupdate, when necessary, the capacity strategy in accordance with the schedule and the contents set out in section 2 of Annex I.
Amendment 354 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The capacity model shall at least provide information about the total volume of capacity available by network section, the shares of capacity reserved for different segments of rail transport services and for capacity restrictions resulting from infrastructure works. Infrastructure managers shall prepare and publish the capacity model for each working timetable period and regularly updateupdate, when necessary, the capacity model in accordance with the contents and schedule set out in sections 1 and 2 of Annex I.
Amendment 355 #
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. In particular, infrastructure managers shall ensure that, on the railway infrastructure of the entire single European railway area, including connections referred to in Article 14(1), point (d) of the [new TEN-T Regulation] : (a) on double track lines, at least 50% of the train paths for freight trains, and not less than two train paths per hour and direction, can be allocated to freight trains with a length of at least 740 m; (b) on single track lines, at least one train path per two hours and direction can be allocated to freight trains with a length of at least 740 m;
Amendment 368 #
Proposal for a regulation
Article 18 – paragraph 10 – introductory part
Article 18 – paragraph 10 – introductory part
10. ENIM shall adopt, in consultation with ENRU, guidelines and include them in the European framework for capacity management referred to in Article 6, setting out the following:
Amendment 373 #
Proposal for a regulation
Article 19 – paragraph 2 – point a
Article 19 – paragraph 2 – point a
(a) the designation of alternative routes allowing to re-route traffic in the event of non-availability of thea lines included in the core and extended core TEN-T network as set out in Article 6 of and Annex I to [new TEN-T Regulation];
Amendment 377 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. ENIM shall develop, in consultation with ENRU, a common framework for the criteria and procedures referred to in paragraph 1 and include it in the European framework for capacity management referred to in Article 6. That common framework shall balance the benefits of reserving capacity for specific types of rail services or allocation processes with the need to ensuring flexibility to accommodate market needs in capacity allocation. For that purpose, the common framework shall provide for the possibility of taking into account requests for capacity rights not consistent with pre- planned capacity in the context of the consensual conflict resolution mechanism referred to in Article 36.
Amendment 395 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Where an element of infrastructure has been declared to be highly utilised or congested in a future working timetable period, the infrastructure manager shall partition capacity on that element of infrastructure in the capacity model referred to in Article 17 and in the capacity supply plan referred to in Article 18 which relate to the working timetable period concerned.
Amendment 396 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2
Article 25 – paragraph 2 – subparagraph 2
The infrastructure manager shall take into account the need for capacity for multi- network rail services, especially international rail freight services.
Amendment 399 #
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
5. Where an applicant intends to request infrastructure capacity with a view to operating an open access passenger service, in a Member State where the right of access to railway infrastructure is limited in accordance with Article 11 of Directive 2012/34/EU, it shall inform the infrastructure managers and the regulatory bodies concerned no less than 18 months before the entry into force of the working timetable to which the request for capacity relates. In order to enable the regulatory bodies concerned to assess the potential economic impact on existing public service contracts, regulatory bodies shall ensure that any competent authority that has awarded a rail passenger service on that route defined in a public service contract, any other interested competent authority with the right to limit access under Article 11 of Directive 2012/34/EU and any railway undertaking performing the public service contract on the route of that passenger service is informed without undue delay and at the latest within 10 days.
Amendment 400 #
Proposal for a regulation
Article 26 – paragraph 6 – subparagraph 1
Article 26 – paragraph 6 – subparagraph 1
Once allocated to an applicant, a capacity right shall not be transferred by the recipient to another undertaking or service. Any trading in requested or allocated capacity shall be prohibited and shall be null and void.
Amendment 402 #
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. Infrastructure managers shall respect the commercial confidentiality of information provided to them. Information such as the specific line subject to the request, their number, or their frequency shall be considered as confidential. Such information shall not be disclosed, directly or indirectly, to any third parties.
Amendment 405 #
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 2
Article 27 – paragraph 4 – subparagraph 2
For multi-network capacity rights, ENIM shall establish a single interface or a common system in accordance with Article 62, in order. Infrastructure managers shall use this interface to manage capacity allocation in a single place and operation.
Amendment 415 #
Proposal for a regulation
Article 28 – paragraph 2 – subparagraph 1 – point a
Article 28 – paragraph 2 – subparagraph 1 – point a
(a) the appointment of a single point of contact in charge of communication with the applicant in relation to theeach request for multi-network capacity right, which shall be notified to the applicant without delay after receipt of the request. This shall also apply in the case of cross-border train pairs which are international train services to and subsequently back from a destination ;
Amendment 424 #
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. The operators of service facilities referred to in paragraph 1 shall make available information, upon request or in real time where necessary, about the available capacity to the infrastructure manager in a digital format in accordance with Article 62.
Amendment 431 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 3
Article 31 – paragraph 1 – subparagraph 3
Amendment 436 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Framework agreements shall not be such as to preclude the use of the relevant infrastructure by other applicants or services. For this purpose, infrastructure managers shall, after consultation of the regulatory body, set the maximum shares of total capacity that can be allocated through framework agreements and include these in the network statement. Infrastructure managers of neighbouring countries who have concluded cross- border framework agreements shall align these thresholds and make them as consistent as possible.
Amendment 443 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. In the event of a conflict between two or more capacity requests or in the event of capacity requests not consistent with the capacity supply plan, the infrastructure managers shall first attempt to resolve the conflict through the consensual consultation mechanism referred to in Article 36.
Amendment 449 #
Proposal for a regulation
Article 32 – paragraph 5 – subparagraph 2
Article 32 – paragraph 5 – subparagraph 2
When accepting requests not consistent with the capacity supply plan, the infrastructure manager shall aim to maintain the overall balance between the elements of the capacity supply plan listed in Article 18(6) and the request itself. .
Amendment 453 #
Proposal for a regulation
Article 32 – paragraph 5 – subparagraph 3
Article 32 – paragraph 5 – subparagraph 3
When refusing requests not consistent with the capacity supply plan, the infrastructure manager shall, without delay, inform the applicant concerned of its intention to refuse a request and shall, if capacity is available, provide an alternative solution which complies as much as possible with applicants’ requirements. The latter shall have the right to lodge a complaint with the regulatory body.
Amendment 458 #
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. In accordance with the rules and procedures set out in Article 20, infrastructure managers may refuse to allocate capacity for rolling planning requests if requests are inconsistent with the capacity supply plan adopted in accordance with Article 18. A refusal shall be communicated to the applicant without delay and the infrastructure manager shall, if capacity is available, provide an alternative solution which complies as much as possible with applicants’ requirements. The applicant shall have the right to lodge a complaint with the regulatory body.
Amendment 493 #
Proposal for a regulation
Article 42 – paragraph 3 a (new)
Article 42 – paragraph 3 a (new)
3a. Infrastructure managers shall join the European Traffic Management Network with a view of coordinating their traffic management, disruption management and crisis management missions.
Amendment 499 #
Proposal for a regulation
Article 43 a (new)
Article 43 a (new)
Article 43a Operational requirements for the cross- border traffic management 1. Member States shall ensure that, by 31 December 2030, the quality of services provided by infrastructure managers to railway undertakings and terminal operators, technical, administrative and operational requirements for infrastructure use and procedures related to border controls do not prevent the operational performance of rail freight services along the rail freight lines of the European Transport Corridors from meeting the following target values: (a) for each internal Union cross-border section, the dwelling time of all freight trains crossing the border does not exceed 15 minutes on average. Dwelling time of a train on a cross-border section means the total additional transit time that can be attributed to the existence of the border crossing, irrespective of the underlying causes, such as police border controls and procedures or considerations of infrastructural, operational, technical and administrative nature, without taking into account the time that cannot be attributed to the border crossing, such as operational procedures carried out in facilities located in the proximity of the border crossing but not intrinsically related to it; (b) at least 90% of the passenger trains crossing at least one border of a European Transport Corridor arrive at their destination, or at the external Union border if their destination is outside the Union, at their scheduled time or with a delay of less than 30 minutes on average. 2. Member States shall modify, as appropriate, contractual agreements referred to in Article 30 of Directive 2012/34/EU and take appropriate measures in accordance with Regulation (EU) No 913/2010 to meet the target values set out in points (a) and (b) of the first paragraph.
Amendment 511 #
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
1. ENIM shall set up and implement by [128 months after the entry into force of this Regulation] a European framework for the review of performance. This framework shall take into account in particular the principles defined in Article 2(3), Article 8(4), Article 42(3) and the operational requirements, the performance objectives and target values set out in [Article 18 of the new TEN-T Regulation].
Amendment 513 #
Proposal for a regulation
Article 50 – paragraph 1 a (new)
Article 50 – paragraph 1 a (new)
1a. The ENRRB shall adopt a recommendation on the European framework for the review of performance by [6 months after the entry into force of this Regulation]. While setting up and implementing the European framework for the review of performance, the ENIM shall take into account the recommendation issued by the ENRRB.
Amendment 516 #
Proposal for a regulation
Article 50 – paragraph 5
Article 50 – paragraph 5
5. The Commission may adopt implementing acts, setting out detailed rules on the elements in paragraph 2, points (b) to (d), in accordance with the advisory procedure referred to in Article 72(2). In doing so, the Commission shall take into account the work done by ENIM in accordance with paragraph 3 and, any recommendations of the performance review body and of the ENRRB.
Amendment 518 #
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. Without prejudice to Article 15 of Directive 2012/34/EU and Article 3 of Commission Implementing Regulation (EU) 2015/110023 , ENIM shall prepare and publish by [2430 months after the entry into force of this Regulation] a European performance review report on the basis of the European framework for performance review referred to in Article 50 of this Regulation and publish it every year. __________________ 23 Commission Implementing Regulation (EU) 2015/1100 of 7 July 2015 on the reporting obligations of the Member States in the framework of rail market monitoring (OJ L 181, 9.7.2015, p. 1).
Amendment 519 #
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. The Performance Review Body shall prepare, in consultation with the ENRRB, a self-standing section of the report providing its assessment of the performance of rail infrastructure services and rail transport services, recommendations on performance issues to be addressed with priority and recommendations on measures to improve performance.
Amendment 526 #
Proposal for a regulation
Article 52 – paragraph 3 – point a
Article 52 – paragraph 3 – point a
Amendment 541 #
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
3. ENIM shall take account of the feedback provided by concerned parties in accordance with paragraph 2 when adopting the final opinion or recommendation. Where ENIM fails to take into account significant elements of the feedback provided, it shall provide the reasons for doing so. When ENIM takes a decision likely to have an impact on the ENRU as established in Article 56a (new), ENIM shall consult the respective advisory groups.
Amendment 545 #
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. All rail infrastructure managers, which are responsible for lines that form part of the core and extended core TEN-T network, referred to in [Article 6 of and Annex I to new TEN-T Regulation], shall be members of ENIM. They shall appoint a representative and an alternate.
Amendment 556 #
Proposal for a regulation
Article 56 a (new)
Article 56 a (new)
Article 56a Organisation of the European Network of Rail Undertakings 1. For the purposes of this Regulation, the European Network of Rail Undertakings referred shall be organised in accordance with this article. 2. All rail undertakings shall be members of ENRU. They shall appoint a representative and an alternate. 3. Following the consultation of and the approval by the Commission, ENRU shall adopt and publish its rules of procedure. It shall organise its activities in accordance with the rules of procedure. 4. ENRU shall take its decisions by a simple majority, unless otherwise provided for in the rules of procedure. In the absence of a member, the alternate shall be entitled to exercise the right to vote. 5. ENRU shall meet at regular intervals. It shall elect a Chair from among its members with a two-thirds majority of its members. 6. The Commission shall be a non- voting member of ENIM. It shall support the work of ENRU and facilitate coordination. 7. ENRU shall define its work programme. The work programme shall cover at least a period of two years. ENRU shall consult the European Commission, the European Union Agency for Railways and the Europe’s Rail Joint Undertaking, ENIM and, as appropriate, other stakeholders.
Amendment 565 #
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 1
Article 58 – paragraph 1 – subparagraph 1
The infrastructure managers shall provide ENIM with the necessary resources to perform its tasks. For this purpose, they Commission shall appoint, after consultation of ENIM by [12 months after the entry into force of this Regulation] an impartial and competent entity to fulfil the functions referred to in Article 59. Such entity will be designated as a Network Coordinator.
Amendment 590 #
Proposal for a regulation
Article 65 – paragraph 3
Article 65 – paragraph 3
Amendment 593 #
Proposal for a regulation
Article 65 – paragraph 5 a (new)
Article 65 – paragraph 5 a (new)
5a. The ENRRB shall provide recommendations to the ENIM as regards the establishment and review of the European framework for performance review referred to in Article 50, including on performance areas, performance issues to be addressed under each of the performance areas, harmonisation of methodologies, processes, criteria and definitions for the collection and analysis of data related to performance and performance indicators;
Amendment 599 #
Proposal for a regulation
Article 68 – paragraph 2 – point c a (new)
Article 68 – paragraph 2 – point c a (new)
(ca) draft and adopt a recommendation to the ENIM as regards the establishment and review of the European framework for performance review.
Amendment 604 #
Proposal for a regulation
Article 70 – paragraph 3
Article 70 – paragraph 3
3. The working groups shall be open, upon invitation, to the participation of experts from rail regulatory bodies, the Commission, ERA, operational stakeholders and, where relevant, from other public or private bodies.
Amendment 625 #
Proposal for a regulation
Annex I – point 8 – paragraph 1 – table
Annex I – point 8 – paragraph 1 – table
Milestone or time period Deadline or duration Maximum time for the infrastructure manager to offer an 24 hours alternative capacity right involving a single network if for use within the next two working days. Maximum time for infrastructure managers concerned to offer an 5 days alternative multi-network capacity right