Activities of Gilles PARGNEAUX related to 2010/0253(COD)
Plenary speeches (1)
Single European railway area (debate)
Amendments (74)
Amendment 128 #
Draft legislative resolution
Citation 2 a (new)
Citation 2 a (new)
– having regard to Article 14 of the Treaty on the Functioning of the European Union and Protocol No 26 thereto on Services of General Interest,
Amendment 128 #
Draft legislative resolution
Citation 2 a (new)
Citation 2 a (new)
– having regard to Article 14 of the Treaty on the Functioning of the European Union and Protocol No 26 thereto on Services of General Interest,
Amendment 156 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Any restructuring of the provision of transport services and the management of infrastructure should not have a negative impact on the employment and social conditions of workers in the rail sector. The social clauses should be respected in order to avoid the practice of social dumping and distortion of competition by new entrants not complying with the minimum social standards of the rail sector.
Amendment 156 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Any restructuring of the provision of transport services and the management of infrastructure should not have a negative impact on the employment and social conditions of workers in the rail sector. The social clauses should be respected in order to avoid the practice of social dumping and distortion of competition by new entrants not complying with the minimum social standards of the rail sector.
Amendment 169 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) The European Union should explore alternative sources of funding for European rail projects through innovative financial instruments such as EU project bonds.
Amendment 169 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) The European Union should explore alternative sources of funding for European rail projects through innovative financial instruments such as EU project bonds.
Amendment 172 #
Proposal for a directive
Recital 11
Recital 11
Amendment 172 #
Proposal for a directive
Recital 11
Recital 11
Amendment 175 #
Proposal for a directive
Recital 11
Recital 11
(11) An efficient freight sector, especially across borders, requires action to open up the marketThe new legal framework must allow services of general interest, as provided for in Article 14 of the TFEU and Protocol No 26 thereto, to be maintained and developed.
Amendment 175 #
Proposal for a directive
Recital 11
Recital 11
(11) An efficient freight sector, especially across borders, requires action to open up the marketThe new legal framework must allow services of general interest, as provided for in Article 14 of the TFEU and Protocol No 26 thereto, to be maintained and developed.
Amendment 181 #
Proposal for a directive
Recital 13
Recital 13
(13) In the case of journeys with intermediate stops, new market entrants should be authorised to pick up and set down passengers along the route in order to, while ensureing that such operations are economically viable and to avoid placing potential competitors at a disadvantage to existing operatordo not disrupt the services of general interest which the competent authorities have developed, or wish to develop, and do not jeopardise their social and environmental objectives.
Amendment 181 #
Proposal for a directive
Recital 13
Recital 13
(13) In the case of journeys with intermediate stops, new market entrants should be authorised to pick up and set down passengers along the route in order to, while ensureing that such operations are economically viable and to avoid placing potential competitors at a disadvantage to existing operatordo not disrupt the services of general interest which the competent authorities have developed, or wish to develop, and do not jeopardise their social and environmental objectives.
Amendment 185 #
Proposal for a directive
Recital 14
Recital 14
(14) The introduction of new, open-access, international passenger services with intermediate stops should not be used to open up the market for domestic passenger services, but should merely be focused on stops that are ancillary to the international route. The principal purpose of the newsuch services should be to carry passengers travelling on an international journey. When assessing whether that is the service’s principal purpose, criteria such as the proportion of turnover, and of volume, derived from transport of domestic or international passengers, and the length of the service should be taken into account. The assessment of the service'’s principal purpose should be carried out by the respective national regulatory bodauthority at the request of an interested party.
Amendment 185 #
Proposal for a directive
Recital 14
Recital 14
(14) The introduction of new, open-access, international passenger services with intermediate stops should not be used to open up the market for domestic passenger services, but should merely be focused on stops that are ancillary to the international route. The principal purpose of the newsuch services should be to carry passengers travelling on an international journey. When assessing whether that is the service’s principal purpose, criteria such as the proportion of turnover, and of volume, derived from transport of domestic or international passengers, and the length of the service should be taken into account. The assessment of the service'’s principal purpose should be carried out by the respective national regulatory bodauthority at the request of an interested party.
Amendment 195 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) The national regulatory authority must be independent and able to ensure that citizens have access to the SGI and essential services defined by the competent authority. It must be able to act on its own initiative, meet the objectives set by the Member States and conduct investigations in the event of a dispute.
Amendment 195 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) The national regulatory authority must be independent and able to ensure that citizens have access to the SGI and essential services defined by the competent authority. It must be able to act on its own initiative, meet the objectives set by the Member States and conduct investigations in the event of a dispute.
Amendment 199 #
Proposal for a directive
Recital 21
Recital 21
(21) The national regulatory bodies should exchange information andauthorities should, under the auspices of the Commission, create a network to strengthen their cooperation through the development of common principles and the exchange of best practices and information. They should also, where relevant in individual cases, coordinate the principles and practice of assessing whether the economic equilibriumthe general tenor of a public service contract is compromised. They should progressively develop common European guidelines based on their experience.
Amendment 199 #
Proposal for a directive
Recital 21
Recital 21
(21) The national regulatory bodies should exchange information andauthorities should, under the auspices of the Commission, create a network to strengthen their cooperation through the development of common principles and the exchange of best practices and information. They should also, where relevant in individual cases, coordinate the principles and practice of assessing whether the economic equilibriumthe general tenor of a public service contract is compromised. They should progressively develop common European guidelines based on their experience.
Amendment 205 #
Proposal for a directive
Recital 22
Recital 22
Amendment 205 #
Proposal for a directive
Recital 22
Recital 22
Amendment 281 #
Proposal for a directive
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
12) ‘applicant’ means a railway undertaking and other persons or legal entities, such as competent authorities under Regulation (EC) No 1370/2007 and shippers, freight forwarders and combined transport operators, with a public-service or commercial interest in procuring infrastructure capacity where provided for in national rules;
Amendment 281 #
Proposal for a directive
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
12) ‘applicant’ means a railway undertaking and other persons or legal entities, such as competent authorities under Regulation (EC) No 1370/2007 and shippers, freight forwarders and combined transport operators, with a public-service or commercial interest in procuring infrastructure capacity where provided for in national rules;
Amendment 285 #
Proposal for a directive
Article 3 – paragraph 1 – point 12 a (new)
Article 3 – paragraph 1 – point 12 a (new)
(12a) The regulatory authority shall be a stand-alone, independent authority established in each Member State under the conditions laid down in Article 55 hereof.
Amendment 285 #
Proposal for a directive
Article 3 – paragraph 1 – point 12 a (new)
Article 3 – paragraph 1 – point 12 a (new)
(12a) The regulatory authority shall be a stand-alone, independent authority established in each Member State under the conditions laid down in Article 55 hereof.
Amendment 298 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 298 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 336 #
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. If structural changes are required to bring the national organisations in line with this directive, all transfers of staff shall respect the relevant national legislation 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 336 #
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. If structural changes are required to bring the national organisations in line with this directive, all transfers of staff shall respect the relevant national legislation 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 348 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 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 consultednd the competent authorities as contained in Regulation 2007/1370/EC are consulted in a non-discriminatory manner before the business plan is approved as far as the conditions of access and use, and the nature, the provision and the development of the infrastructure are concerned. The regulatory bodauthority 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 348 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 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 consultednd the competent authorities as contained in Regulation 2007/1370/EC are consulted in a non-discriminatory manner before the business plan is approved as far as the conditions of access and use, and the nature, the provision and the development of the infrastructure are concerned. The regulatory bodauthority 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 367 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 4
Article 10 – paragraph 2 – subparagraph 4
Amendment 367 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 4
Article 10 – paragraph 2 – subparagraph 4
Amendment 371 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States may limit the right of access provided for in Article 10 on services between a place of departure and a destination which are covered by one or more public service contracts conforming to the Union legislation in force. Such limitation shall not have the effect of restricting the right to pick up passengers at any station located on the route of an international service and to set them down at another, including stations located in the same Member State, except where the exercise of this right would compromise the economic equilibriumgeneral scheme of a public service contract.
Amendment 371 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States may limit the right of access provided for in Article 10 on services between a place of departure and a destination which are covered by one or more public service contracts conforming to the Union legislation in force. Such limitation shall not have the effect of restricting the right to pick up passengers at any station located on the route of an international service and to set them down at another, including stations located in the same Member State, except where the exercise of this right would compromise the economic equilibriumgeneral scheme of a public service contract.
Amendment 376 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1 – introductory part
Article 11 – paragraph 2 – subparagraph 1 – introductory part
Whether the economic equilibriumgeneral scheme of a public service contract would be compromised shall be determined by the relevacompetent regulatory body or bodauthority or authorities referred to in Article 55 on the basis of an objective economic analysis and based on pre- determined criteria, after a request from any of the following:
Amendment 376 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1 – introductory part
Article 11 – paragraph 2 – subparagraph 1 – introductory part
Whether the economic equilibriumgeneral scheme of a public service contract would be compromised shall be determined by the relevacompetent regulatory body or bodauthority or authorities referred to in Article 55 on the basis of an objective economic analysis and based on pre- determined criteria, after a request from any of the following:
Amendment 379 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1 – point d a (new)
Article 11 – paragraph 2 – subparagraph 1 – point d a (new)
da) associations representing users and staff.
Amendment 379 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1 – point d a (new)
Article 11 – paragraph 2 – subparagraph 1 – point d a (new)
da) associations representing users and staff.
Amendment 384 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 384 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 393 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
The services referred to in Annex III, point 2, shall be supplied by all operators of service facilities in a non-discriminatory manner and requests by railway undertakings may only be rejected if viable alternatives under market conditions exist. If the services are not offered by one infrastructure manager, the provider of the ‘main infrastructure’ shall use all reasonable endeavours to facilitate the provision of these services.
Amendment 393 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
The services referred to in Annex III, point 2, shall be supplied by all operators of service facilities in a non-discriminatory manner and requests by railway undertakings may only be rejected if viable alternatives under market conditions exist. If the services are not offered by one infrastructure manager, the provider of the ‘main infrastructure’ shall use all reasonable endeavours to facilitate the provision of these services.
Amendment 456 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Amendment 456 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Amendment 462 #
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, particularly from the regulatory authorities, and of the sectors concerned in its work, including the social partners and organisations representing rail users, so that they are able better to monitor the development of the railwayis 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.
Amendment 462 #
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, particularly from the regulatory authorities, and of the sectors concerned in its work, including the social partners and organisations representing rail users, so that they are able better to monitor the development of the railwayis 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.
Amendment 477 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. A railway undertaking shall be entitled to apply for a licence in the Member State in which it is established , provided that Member States or nationals of Member States own in total more than 50% of this railway undertaking and effectively control it, whether directly or indirectly through one or more intermediate undertakings, except where an agreement with a third country to which the European Union is a party provides otherwise .
Amendment 477 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. A railway undertaking shall be entitled to apply for a licence in the Member State in which it is established , provided that Member States or nationals of Member States own in total more than 50% of this railway undertaking and effectively control it, whether directly or indirectly through one or more intermediate undertakings, except where an agreement with a third country to which the European Union is a party provides otherwise .
Amendment 513 #
Proposal for a directive
Article 31 – paragraph 3 – subparagraph 2
Article 31 – paragraph 3 – subparagraph 2
Amendment 513 #
Proposal for a directive
Article 31 – paragraph 3 – subparagraph 2
Article 31 – paragraph 3 – subparagraph 2
Amendment 543 #
Proposal for a directive
Article 32 – paragraph 3 – subparagraph 1
Article 32 – paragraph 3 – subparagraph 1
Trains equipped with the European Train Control System (ETCS) running on lines equipped with national command control and signalling systems shall enjoy a temporary reduction of the infrastructure charge in accordance with Annex VIII, point 5. The infrastructure manager shall be able to ensure that such a reduction does not result in a loss of revenue. This reduction shall be offset by higher charges on the same railway line for trains not equipped with ETCS.
Amendment 543 #
Proposal for a directive
Article 32 – paragraph 3 – subparagraph 1
Article 32 – paragraph 3 – subparagraph 1
Trains equipped with the European Train Control System (ETCS) running on lines equipped with national command control and signalling systems shall enjoy a temporary reduction of the infrastructure charge in accordance with Annex VIII, point 5. The infrastructure manager shall be able to ensure that such a reduction does not result in a loss of revenue. This reduction shall be offset by higher charges on the same railway line for trains not equipped with ETCS.
Amendment 550 #
Proposal for a directive
Article 35 – paragraph 2 – subparagraph 2
Article 35 – paragraph 2 – subparagraph 2
Amendment 550 #
Proposal for a directive
Article 35 – paragraph 2 – subparagraph 2
Article 35 – paragraph 2 – subparagraph 2
Amendment 565 #
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Requests for infrastructure capacity may be made by applicants within the meaning of this Directive . In order to use such infrastructure capacity, and on the European rail network for competitive freight, applicants shall appoint a railway undertaking to conclude an agreement with the infrastructure manager in accordance with Article 28.
Amendment 565 #
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Requests for infrastructure capacity may be made by applicants within the meaning of this Directive . . In order to use such infrastructure capacity, and on the European rail network for competitive freight, applicants shall appoint a railway undertaking to conclude an agreement with the infrastructure manager in accordance with Article 28.
Amendment 566 #
Proposal for a directive
Article 41 – paragraph 3
Article 41 – paragraph 3
Amendment 566 #
Proposal for a directive
Article 41 – paragraph 3
Article 41 – paragraph 3
Amendment 569 #
Proposal for a directive
Article 43 – paragraph 1 – subparagraph 2
Article 43 – paragraph 1 – subparagraph 2
Amendment 569 #
Proposal for a directive
Article 43 – paragraph 1 – subparagraph 2
Article 43 – paragraph 1 – subparagraph 2
Amendment 587 #
Proposal for a directive
Article 55 – paragraph 1
Article 55 – paragraph 1
1. Each Member State shall establish a single national regulatory bodauthority for the railway sector . This bodauthority shall be a stand- alone authoritbody which is, in organisational, functional, hierarchical and decision- making terms, legally distinct and independent from any other public authority. It shall also be independent in its organisation, funding decisions, legal structure and decision-making from any infrastructure manager, charging body, allocation body or applicant. It shall furthermore be functionally independent from any competent authority involved in the award of a public service contract. The regulatory authority shall have the necessary organisational capacity to carry out the tasks assigned to it by Article 56.
Amendment 587 #
Proposal for a directive
Article 55 – paragraph 1
Article 55 – paragraph 1
1. Each Member State shall establish a single national regulatory bodauthority for the railway sector . This bodauthority shall be a stand- alone authoritbody which is, in organisational, functional, hierarchical and decision- making terms, legally distinct and independent from any other public authority. It shall also be independent in its organisation, funding decisions, legal structure and decision-making from any infrastructure manager, charging body, allocation body or applicant. It shall furthermore be functionally independent from any competent authority involved in the award of a public service contract. The regulatory authority shall have the necessary organisational capacity to carry out the tasks assigned to it by Article 56.
Amendment 592 #
Proposal for a directive
Article 55 – paragraph 3
Article 55 – paragraph 3
3. The president and governing board of the regulatory bodauthority for the railway sector shall be appointed for a fixed and renewable term under clear rules which guarantee independence. They shall be selected from among persons who have had no professional position or responsibility, interest or business relationship, directly or indirectly, with the regulated undertakings or entities for a period of three years before their appointment, and during their term of office. Afterwards, they shall have no professional position or responsibility, interest or business relationship with any of the regulated undertakings or entities for a period of not less than three years. They shall have full authority over the recruitment and management of the staff of the regulatory body.
Amendment 592 #
Proposal for a directive
Article 55 – paragraph 3
Article 55 – paragraph 3
3. The president and governing board of the regulatory bodauthority for the railway sector shall be appointed for a fixed and renewable term under clear rules which guarantee independence. They shall be selected from among persons who have had no professional position or responsibility, interest or business relationship, directly or indirectly, with the regulated undertakings or entities for a period of three years before their appointment, and during their term of office. Afterwards, they shall have no professional position or responsibility, interest or business relationship with any of the regulated undertakings or entities for a period of not less than three years. They shall have full authority over the recruitment and management of the staff of the regulatory body.
Amendment 609 #
Proposal for a directive
Article 56 – paragraph 3 a (new)
Article 56 – paragraph 3 a (new)
3a. The regulatory body shall determine, in accordance with Article 10(2), whether the principal purpose of a service is to carry passengers between stations located in different Member States and, in accordance with Article 11(2), whether the economic equilibrium of a public service contract is compromised by services provided for in Article 10 between a place of departure and a destination which are covered by one or more public service contracts.
Amendment 609 #
Proposal for a directive
Article 56 – paragraph 3 a (new)
Article 56 – paragraph 3 a (new)
3a. The regulatory body shall determine, in accordance with Article 10(2), whether the principal purpose of a service is to carry passengers between stations located in different Member States and, in accordance with Article 11(2), whether the economic equilibrium of a public service contract is compromised by services provided for in Article 10 between a place of departure and a destination which are covered by one or more public service contracts.
Amendment 623 #
Proposal for a directive
Article 56 a (new)
Article 56 a (new)
Article 56a Powers of the regulatory body 1. In order to carry out the tasks listed in Article 56 the regulatory body shall have the power to: (a) enforce its decisions with appropriate sanctions, including fines. Decisions of the regulatory body shall be binding on all the parties concerned and shall not be subject to the control of another administrative body. (b) request relevant information from the infrastructure manager, applicants, and any third party involved within the Member State concerned and to enforce such requests with appropriate sanctions, including fines. Information to be supplied to the regulatory body includes all data which the regulatory body requires for the purposes of its appeal function, in its role of monitoring competition on the rail services markets, and in connection with the access to be afforded to citizens to the essential transport facilities specified by the competent authorities. It also includes data necessary for statistical and market observation purposes. Information requested must be supplied without undue delay; (c) carry out audits, or commission external audits, of infrastructure managers and, when relevant, railway undertakings in order to verify compliance with the accounting separation provisions laid down in Article 6. 2. Member States shall ensure that decisions taken by the regulatory body are subject to judicial review. Appeals shall not have a suspensive effect on decisions of the regulatory body. 3. Member States shall ensure that decisions of the regulatory body are published. 4. Member States shall ensure that infrastructure managers and all undertakings or other entities performing rail transport or infrastructure management services of the types referred to in Article 6 provide detailed regulatory accounts to the regulatory body to enable it to carry out its tasks. Those regulatory accounts must contain at least the elements set out in Annex X. The regulatory body may also draw conclusions from the accounts concerning State aid issues, which it shall report to the authorities responsible for resolving those issues.
Amendment 623 #
Proposal for a directive
Article 56 a (new)
Article 56 a (new)
Amendment 633 #
Proposal for a directive
Article 57 – paragraph 7 – subparagraph 1
Article 57 – paragraph 7 – subparagraph 1
Amendment 633 #
Proposal for a directive
Article 57 – paragraph 7 – subparagraph 1
Article 57 – paragraph 7 – subparagraph 1
Amendment 640 #
Proposal for a directive
Article 57 a (new)
Article 57 a (new)
Article 57a The Commission shall, one year after the transposition of this Directive, submit a report on cooperation among national regulatory bodies in accordance with this Article.
Amendment 640 #
Proposal for a directive
Article 57 a (new)
Article 57 a (new)
Article 57a The Commission shall, one year after the transposition of this Directive, submit a report on cooperation among national regulatory bodies in accordance with this Article.
Amendment 645 #
Proposal for a directive
Article 63 – paragraph 3
Article 63 – paragraph 3
3. Measures under Articles 10(2), 11(4), 14(2), and 17(5) designed to ensure the implementation of the Directive under uniform conditions shall be adopted by the Commission as implementing acts in accordance with the procedure referred to in Article 64(32).
Amendment 645 #
Proposal for a directive
Article 63 – paragraph 3
Article 63 – paragraph 3
3. Measures under Articles 10(2), 11(4), 14(2), and 17(5) designed to ensure the implementation of the Directive under uniform conditions shall be adopted by the Commission as implementing acts in accordance with the procedure referred to in Article 64(32).