Activities of Gilles PARGNEAUX related to 2013/0014(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the European Union Agency for Railways and repealing Regulation (EC) No 881/2004 PDF (607 KB) DOC (773 KB)
Amendments (113)
Amendment 53 #
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. As the commercial freedom of operators must be protected, such a role should not apply to the commercial part of telematics applications.
Amendment 81 #
Proposal for a regulation
Recital 29
Recital 29
(29) In order to ensure effectively the accomplishment of the functions of the Agency, the Member States and the Commission should be represented on a Management Board vested with the necessary powers, including to establish the budget and approve the annual and multi-annual work programmes, which are issues on which the networks of research bodies of the national safety authorities and the representative bodies should be consulted.
Amendment 93 #
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
Amendment 99 #
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 101 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
The Agency shall set up a limited number of working parties for drawing up recommendations, in particular related to technical specifications for interoperability (TSIs), common safety targets (CSTs) and, common safety methods (CSMs), common safety indicators (CSIs), registers, entities in charge of maintenance and the documents referred to in Article 15.
Amendment 116 #
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 by the Agency within three months (except in duly substantiated cases of urgency) to the Commission and by the Commission to the committee referred to in Article 75.
Amendment 119 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Agency shall conduct an impact assessment of its recommendations and opinions. The Management Board shall adopt impact assessment methodology based on the methodology of the Commission, taking into account the requirements laid down in Directive ../../EU [the Railway Safety Directive]. The Agency shall liaise with the Commission to ensure that relevant work at the Commission is duly taken into account. The assumptions used as the basis for the impact assessment and the data sources used must be clearly identified in the report accompanying each recommendation.
Amendment 121 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Member States shall provide the Agency withThe Agency shall search for the data necessary for the impact assessment in consultation with the Member States and the other major stakeholders.
Amendment 122 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Where required for the implementation of its tasks, the Agency shall order studies and finance them from its budget. The studies must take into account the opinion of the representative bodies.
Amendment 129 #
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, 27, 28, 29, 30, 31 and 38, in accordance with the policy defined by the Management Board.
Amendment 132 #
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) and, the Common Safety Targets (CSTs) and the Common Safety Indicators (CSIs) 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 137 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
The Agency shall issue, renew, suspend, amend or revoke single safety certificates in accordance with Articles 10 and 11 of Directive … [the Railway Safety Directive].
Amendment 146 #
Proposal for a regulation
Article 15 – paragraph 1 – points g a – g e (new)
Article 15 – paragraph 1 – points g a – g e (new)
(ga) make recommendations to the Commission on European standards developed by European standardisation bodies; (gb) draw up detailed requests concerning standards for the European standardisation bodies with the aim of fulfilling the mandate given to them by the Commission; (gc) issue opinions to harmonise national rules in accordance with Article 22(1), particularly in cases where one rule concerns several Member States. This work shall be carried out in cooperation with the national safety authorities. The Agency shall be responsible for organising and carrying out this work together with the network of national safety authorities; (gd) address opinions to the national safety authorities in accordance with Article 18 of Directive ../../EU [the Interoperability Directive]; (ge) issue opinions on the basis of a mandate from the Commission on interoperability constituents not complying with the basic requirements in accordance with Article 11 of Directive ../../EU [the Interoperability Directive].
Amendment 152 #
Proposal for a regulation
Article 15 – paragraph 2 – introductory part
Article 15 – paragraph 2 – introductory part
2. For drafting recommendations referred to in paragraph 1, points (a), (b) and (bc), the Agency shall:
Amendment 154 #
Proposal for a regulation
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
(a) ensure that the TSIs and the specifications for registers are adapted to technical progress and market trends and to social requirements, while taking into account the cost-effectiveness of the railway system;
Amendment 156 #
Proposal for a regulation
Article 15 – paragraph 2 – points b a and b b (new)
Article 15 – paragraph 2 – points b a and b b (new)
(ba) be able to participate as an observer in the working parties on standardisation; (bb) take into account the requirements of Directive ../../EU [the Railway Safety Directive].
Amendment 158 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The Agency may issue guidelines and other non-binding documents to facilitate the implementation of railway interoperability legislation, including notification and revision of national rules in accordance with Chapter V.
Amendment 160 #
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3a. The Agency must involve the working parties where this is provided for in Article 4.
Amendment 165 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
The Agency shallmust issue, renew, suspend, amend or revoke authorisations for placing oin the marketservice for railway vehicles in accordance with Article 20 of Directive … [the Interoperability Directive]. The Agency shall allocate a European vehicle number to the vehicle in accordance with Article 42 of Directive … [the Interoperability Directive].
Amendment 173 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
The Agency shallmust issue, renew, suspend, amend or revoke authorisations for placing oin the marketservice for types of vehicles in accordance with Article 22 of Directive … [the Interoperability Directive].
Amendment 177 #
Proposal for a regulation
Article 18
Article 18
Authorisations for placing in service of trackside control-command and signalling The Agency shall issue authorisations for placing in service of the trackside control- command and signallingrticle 18 deleted sub-systems located or operated in the entire Union in accordance with Article 18 of Directive … [the Interoperability Directive].
Amendment 190 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Agency shall act as the system authority, being responsible for maintainingWithout prejudice to the provisions of Directive 2012/34, the Agency shall recommend that the Commission adopt a new version of the technical specifications for the telematics applications, in accordance with relevant TSIs.
Amendment 194 #
Proposal for a regulation
Article 19 – paragraph 4 a (new)
Article 19 – paragraph 4 a (new)
4a. With a view to protecting the commercial freedom of railway operators, paragraphs 1 and 3 shall not apply to the commercial part of telematics applications.
Amendment 198 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Where after the examination referred to 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, in particular on the basis of explanations provided by the Member States and where it judges necessary, after consultation with the stakeholders, that the national rule in question: (a) falls under the cases listed in Article 14(3) of Directive ../../EU [the Interoperability Directive] and Article 8(3) of Directive ../../EU [the Railway Safety Directive]; (b) makes it possible to fulfil essential requirements for interoperability, comply with CSMs and achieve CSTs; (c) has not been adopted solely for discriminatory purposes or in order to create disguised restrictions on rail transport operation between Member States, the Agency; (d) shall inform the Commission and the Member State concerned about its positive assessmentof its favourable opinion within two months of the notification of the proposed rule by the Member State. If no opinion is forthcoming within two months of the notification it shall be deemed to have been approved. The Commission mayshall validate the rule in the IT system referred to in Article 23. within five days of notification by the Agency of a favourable opinion or, in the case of implicit approval in accordance with point (d) of the first sub-paragraph, following the expiry of the two-month period after notification of the proposed rule by the Member State.
Amendment 199 #
Proposal for a regulation
Article 21 – paragraph 3 – introductory part
Article 21 – paragraph 3 – introductory part
3. Where the examination referred to in paragraph 1 leads to a negative assessment, the Agency shall: by the Agency, the Agency may, after having taken into account the arguments provided by the Member State, ask the Member State concerned to suspend the rule in force in accordance with paragraph 5 of this article, suspend the adoption of the proposed rule or amend it in part or in full within two months of the date of receipt of the Agency’s opinion. The opinion communicated by the Agency to the Member State concerned must state the reasons why the rules in question cannot enter into force and/or be applied and/or be repealed. If the Member State disagrees with the Agency’s opinion, it may, within one month after receiving the opinion, lodge an appeal against it with the Board of Appeal provided for under section 51 of this Regulation. Where the Board of Appeal finds in favour of the Member State, the Agency’s opinion shall be deemed to be positive. It shall then communicate this positive opinion to the Member State and the Commission, which shall validate the rule in accordance with paragraph 2. If the Board of Appeal finds in favour of the Agency, the Agency may confirm to the Member State its negative opinion within a deadline of one week. The Member State must inform the Agency within two months of the action it intends to take in response to the negative opinion. At the end of the appeals procedure referred to in sub-paragraphs 2, 3 and 4, or if there is no appeal: (a) if the Member State takes measures to amend the proposed rule within two months of receipt of the Agency’s negative opinion, or of its confirmation in accordance with the provisions of the fourth sub-paragraph, the Agency shall verify and confirm the appropriateness of the amendment and inform the Commission, which shall validate the rule in the IT system referred to in Article 23; (b) if the Member State has failed to take any appropriate measures at the end of this two-month period, the Agency shall inform the Commission of its negative opinion.
Amendment 200 #
Proposal for a regulation
Article 21 – paragraph 3 – point a
Article 21 – paragraph 3 – point a
Amendment 201 #
Proposal for a regulation
Article 21 – paragraph 3 – point b
Article 21 – paragraph 3 – point b
Amendment 202 #
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Where no action was taken by the Member State within 2 months after receiving the recommendation of the Agency referred to in point (a) of paragraph 3, tThe Commission, after receiving information referred to in point (b) of paragraph 3 and after having heard the reasons of the Member State concerned, may adopt a decision addressed to the Member State concerned requesting it to modify the draft rule in question, suspend its adoption, entry into force or implementation.
Amendment 206 #
Proposal for a regulation
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
4a. In the case of urgent measures within the meaning of Article 8(3)(b) of Directive ../../EU [Railway Safety Directive] and Article 14(3)(b) of Directive ../../EU [Interoperability Directive], a Member State may immediately implement a new rule without waiting for completion of the procedure laid down in the preceding paragraphs. The Agency shall have one month in which to verify whether the measure is genuinely urgent. If urgency is established, the examination procedure shall proceed in accordance with the provisions of paragraph 4, and the rule shall remain in force unless, upon completion of the procedure, the Commission adopts a decision requesting that it be withdrawn or modified. If urgency is not established, the Agency shall inform the Commission, which may adopt a decision requesting that implementation of the rule be suspended. Examination of the rule shall then proceed in accordance with the procedure laid down in paragraphs 1 to 4.
Amendment 207 #
Proposal for a regulation
Article 21– paragraph 4 b (new)
Article 21– paragraph 4 b (new)
4b. In the case of urgent preventive measures provided for in Article 8(3) of Directive ../../EU [Railway Safety Directive] and Article 14(3) of Directive ../../EU [Interoperability Directive], concerning several Member States, in particular following an accident or incident, the Agency shall coordinate harmonisation of the rules at Union level, liaising with national safety authorities. If necessary, the Agency shall issue a recommendation or an opinion to the Commission.
Amendment 208 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The Agency shall, within two months ofpromptly after their reception, examine recently notified existing national rules submitted to it in accordance with Article 14(31) of Directive … ../../EU [Interoperability Directive] and Article 8(1) of Directive ../../EU [Railway Safety Directive]. Article 21(2), (3) and (4) shall apply mutatis mutandis to this Article, and the Agency and Commission may also request the Member State concerned to repeal the existing rule in question. The two-month time limit laid down in Article 21(2) shall apply as from the date on which the Agency commences examination of an existing specific rule, and it shall inform the Member State concerned that the examination procedure has been initiated.
Amendment 209 #
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1a. The Agency shall examine the national rules in force on the date of application of this Regulation. Accordingly, the Agency shall propose a plan of work to the Management Board, for carrying out the examination, as part of the annual and multiannual work programmes referred to in Article 48. Each year, pursuant to Article 50, the Agency shall submit a progress report to the Management Board on its work and the results achieved.
Amendment 212 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
Amendment 214 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
Amendment 217 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 220 #
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. The procedure described in paragraphs 2 and 3 shall apply, mutatis mutandis, in cases where the Agency becomes aware of any national rule, notified or not, being redundant or in conflict with the CSMs, CSTs, TSIs or any other Union legislation in the railway fieldWhere the Agency becomes aware of, or is informed about, any national rule as referred to in paragraph 1, notified or not, which: (a) might no longer come within the scope of Article 14(3) of Directive ../../EU [Interoperability Directive] or Article 8(3) of Directive ../../EU [Railway Safety Directive]; (b) would no longer make it possible to meet essential interoperability requirements, abide by CSMs or achieve CSTs; (c) might have been adopted solely for discriminatory purposes or in order to create disguised restrictions on rail transport operation, it shall commence its examination of the rule in question within two months after becoming aware that the rule may be non- compliant, and shall inform the Member State concerned about the procedure.
Amendment 223 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The Agency shall set up and manage a dedicated IT system containing national rules referred to in Articles 21(1) and 22(1) and national acceptable means of compliance referred to in Article 2(28a) of Directive ../..EU [Interoperability Directive]. The Agency shall make it accessible to stakeholders and the public.
Amendment 225 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Member States shall notify national rules referred to in Articles 21(1) and 22(1) to the Agency and to the Commission through the IT system referred to in paragraph 1. The Agency shall publish the rules in this system and use it for informing the Commission in accordance with Articles 21 and 22. The Agency shall use the system to inform the Commission about any negative recommendation forwarded to a Member State pursuant to Article 21(3), fifth indent, and Article 22(3)(b).
Amendment 228 #
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 231 #
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 vehiclethe ERTMS in service.
Amendment 232 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Where the Agency finds that there is a risk of a lack of technical and operational compatibility between networks and vehicles fitted with ERTMS equipment in the context of specific ERTMS projects, it may request the appropriate actors, in particular manufacturers, notified conformity assessment bodies, railway undertakings, keepers, infrastructure managers and national safety authorities, to provide any information relevant to the procedures applied for 'EC' verification and placing in service, and to operational conditions. The Agency shall immediately inform the Commission about such a risk and, if necessary, recommend appropriate measures to the Commission.
Amendment 235 #
Proposal for a regulation
Article 28 – paragraph 2 a (new)
Article 28 – paragraph 2 a (new)
2a. Where the Agency has doubts as to the performance of an accredited laboratory, it shall notify the competent accreditation body, the Member State concerned and the national safety authorities accordingly. The Agency shall be invited to participate as an observer in the peer review. Where doubts are raised, the Agency shall immediately inform the Member State concerned and the national safety authorities accordingly.
Amendment 245 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. TWhere the Agency shall monis doubts as tor the performance of a notified conformity assessment bodies through assistance to accreditation bodies, audit and inspections, as provided for in paragraphs 2-5y, it shall notify the competent accreditation body and the Member State concerned accordingly. The Agency shall immediately inform the national safety authorities, in particular by issuing an opinion to them in accordance with Article 18 of Directive ../..EU [Interoperability Directive]. The Agency shall be invited to participate as an observer in the peer review. Where doubts are raised, the Agency shall immediately inform the Member State concerned and the national safety authorities accordingly.
Amendment 246 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The Agency shall support harmonised accreditation of notified conformity assessment bodies, in particular by giving appropriate guidance on evaluation criteria and procedures to assess whether notified bodies meet the requirements referred to in Art. 27Chapter 6 of Directive …../../EU [Interoperability Directive] to the accreditation bodies, via the European Accreditation infrastructure recognised by Art.icle 14 of Regulation (EC) No. 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No. 339/93.
Amendment 248 #
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, to the Commission and to the Ccommissionpetent notification authorities. 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: (a) immediately inform the national safety authorities about all deficiencies which may have an impact on authorisations based on certifications issued by thate notified body is established; (b) adopt a recommendation requesting the competent notification authorities to take appropriate steps within a tlime limitited period, and it shall inform the Commission accordingly.
Amendment 251 #
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, if necessary, the interoperability and safety of the railway systems, in particular by facilitating coordination between the railway undertakings and infrastructure managers, or between infrastructure managersactors referred to in Article 2 of Directive ../../EU [Railway Safety Directive].
Amendment 253 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. The Agency shall monitor and assess progress on the interoperability and safety of the railway systems and the related costs and benefits. Every two years it shall present to the Commission and publish a report on progress on interoperability and safety in the Single European Railway Area.
Amendment 280 #
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 monththree working days of each individual decision to issue, renew, amend or revoke those licenses and certificates.
Amendment 281 #
Proposal for a regulation
Article 34 – title
Article 34 – title
Networks of national safety authorities, investigating bodies and representative bodies bodies
Amendment 282 #
Proposal for a regulation
Article 34 – paragraph 1 – introductory part
Article 34 – paragraph 1 – introductory part
The Agency shall establish a network of the national safety authorities and a network of the investigating bodies referred to in Article 217(4) of Directive…/… [Railway Safety Directive]. The Agency shall provide them with a secretariat. The tasks of the networks shall, in particular, be:
Amendment 283 #
Proposal for a regulation
Article 34 – paragraph 1 – point c a (new)
Article 34 – paragraph 1 – point c a (new)
(ca) provision of information to the Agency, if necessary, on the deficiencies of secondary legislation deriving from Directive ../../EU [Railway Safety Directive] and Directive ../../EU [Interoperability Directive].
Amendment 287 #
Proposal for a regulation
Article 34 a (new)
Article 34 a (new)
Article 34a Network of investigating bodies 1. The national investigating bodies of each Member State shall establish a network. The network shall decide to hold meetings at least every six months. 2. The tasks of the network shall, in particular, be: (a) exchange of information related to railway safety; (b) promotion of good safety practices with a view to developing a common Union methodology for safety investigations and to cataloguing such practices. The network may make recommendations to investigation agencies with a view to improving the effectiveness of investigating bodies. 3. In order to attain the objectives set out in paragraph 2, the network shall: (a) make suggestions and advise Union institutions on all aspects relating to the development and implementation of Union policies and rules on safety investigations, and make procedural recommendations; (b) strengthen the investigative capacity of accident investigating bodies by, in particular, developing and managing resource-sharing arrangements; (c) provide appropriate assistance, at the request of accident investigating bodies, including at the very least a schedule of investigators, equipment and resources available in other Member States for possible use by bodies conducting investigations. 4. The network may produce guides to shared good practices in order to develop shared investigative methods. 5. Where a national investigating body identifies a major safety deficiency which may affect other Member States, and which must be reported immediately, it may request that an emergency meeting of the network be convened. 6. Access to information exchanged in this context shall be restricted to national investigating bodies and the network unless the latter decides, where appropriate, to make it public. The Executive Director of the Agency shall ascertain that confidentiality is observed in that regard, in particular by making sure that the secretariat exchanges no information with other departments of the Agency. 7. The network shall elect a chairperson and a deputy chairperson, from among its members, by a two-thirds majority thereof. The deputy chairperson shall replace the chairperson in his or her absence. 8. The term of office of the chairperson and of deputy chairperson shall be four years and may be renewed. Their term of office shall end if, in the course thereof, the network members concerned cease to discharge the national duties on the basis of which they are members of the network. 9. With the involvement of each member of the network, the chairperson shall draw up, if necessary, an annual programme of work for the network which shall reflect the objectives laid down in paragraph 2. The chairperson shall draw up the agenda for the meetings of the network.
Amendment 289 #
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The Agency shall, at the Commission’'s request, assist the Commission with the implementation of other Union legislation potentially affecting the railway system or aimed at enhancing the level of interoperability of railway systems and at developing a common approach to safety on the European railway system.
Amendment 295 #
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 may 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 committee referred to in Article 75(1). The appropriate European standardisation bodies shall develop standards for the spare parts identified in the Agency recommendations referred to in the first subparagraph. Should, three years following submission of the Agency recommendations, no European standard have been established, the Agency may set up its own working party in order to establish the appropriate standard.
Amendment 302 #
Proposal for a regulation
Article 44 – paragraph 2 a (new)
Article 44 – paragraph 2 a (new)
2a. The Chairperson of the Management Board shall decide whether or not to accede to a request to exclude a member of the Board of Appeal, in accordance with Article 53(3), and, if necessary, in accordance with Article 53(4), shall appoint a temporary member to the Board of Appeal.
Amendment 303 #
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
1. Meetings of the Management Board shall be convened by its Chairperson. The Executive Director of the Agency shall participate in the meetings except where the Management Board is to take a decision relating to Article 64.
Amendment 304 #
Proposal for a regulation
Article 47 – paragraph 1 – point n
Article 47 – paragraph 1 – point n
(n) appoint members of the Board of Appeal, take decisions relating to their recruitment, to the renewal of their contract and to their working conditions, including their remuneration and termination of service, and lastly adopt rules for the prevention and management of conflicts of interest in respect of members of the Management Board and of the Board of Appeal.
Amendment 306 #
Proposal for a regulation
Article 47 – paragraph 2 a (new)
Article 47 – paragraph 2 a (new)
2a. The Management Board shall waive the immunity of the Agency or of present or past members of its staff, in accordance with Article 64.
Amendment 307 #
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. The Board of the Agency shall adopt the work programme by 30 November each year, taking into account the opinion of the Commission, and forward it to the Member States, the European Parliament, the Council, the Commission and to the networks referred to in Article 34. The networks referred to in Article 34 shall be consulted on the draft before the work programme is adopted.
Amendment 309 #
Proposal for a regulation
Article 48 – paragraph 5 a (new)
Article 48 – paragraph 5 a (new)
5a. The Executive Director shall not participate in any meeting nor intervene in any way when the Executive Board is preparing a decision in accordance with Article 64.
Amendment 310 #
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
3. The Executive Board shall be composed of the Chairperson of the Management Board, one representative of the Commission and [fourive] other members ofentitled to vote on the Management Board, taking into account the aim of securing a balanced representation between women and men in accordance with Directive 2006/54/EC. The Management Board shall appoint members of the Executive Board and its chairperson.
Amendment 311 #
Proposal for a regulation
Article 49 – paragraph 4
Article 49 – paragraph 4
4. The term of office of membersmembers of the Executive Board shall be appointed for a four-year term. When a Member State representative ofn the Executive Board shall be the same as that of members of the Managementis replaced on the Management Board, he or she shall also be replaced by his or her successor on the Executive Board.
Amendment 316 #
Proposal for a regulation
Article 51 a (new)
Article 51 a (new)
Article 51a The qualifications required for each member of the Board of Appeal, the power of each member at the preparatory decision-making stage and the voting conditions must be determined by the Commission with the assistance of the committee referred to in Article 48(3) of Directive .../.../EU [Interoperability Directive].
Amendment 318 #
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 four years and may be renewed once.
Amendment 320 #
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. The members of a Board of Appeal shall be independent andof all parties involved in an appeal. They may not perform any other duties within the Agency. In making their decisions or delivering their opinions they shall not be bound by any instructions.
Amendment 321 #
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
3. The members of a Board of Appeal may not be removed from office or from the list of qualified candidates during their term of office, unless there are serious grounds for such removal and the Commission, after obtaining the opinion of takes a decision to that effect. If a candidate has already been appointed to a Board of Appeal by the Management Board, withdrawing that qualified candidate from the list shall terminate his or her service. The members of a Board of Appeal may not be removed from office during their term of office unless there are serious grounds for such removal and the Management Board takes a decision to that effect.
Amendment 322 #
Proposal for a regulation
Article 52 – paragraph 3 a (new)
Article 52 – paragraph 3 a (new)
3a. For a period of two years after leaving the Board of Appeal, a member of the committee may not hold an office in an entity that is the subject of an opinion delivered or decision taken during his or her term of office on the Board of Appeal.
Amendment 324 #
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. The members of the Board of Appeal may not take part in any appeal proceedings if they have any personal interest in the proceedings, if they have previously been involved as representatives of one of the parties to the proceedings, or if they participated in the decision under appeal, including, in the case of appeals lodged pursuant to Article 54(1), in delivering an opinion pursuant to Article 54(4) in respect of the same authorisation or the same certificate.
Amendment 325 #
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. Members of the Board of Appeal who consider that they should not take part in any appeal proceeding, for one of the reasons referred to in paragraph 1 or for any other reason, shall inform the Board of Appeal which decides on the exclusion accordinglyof their decision not to take part.
Amendment 326 #
Proposal for a regulation
Article 53 – paragraph 3 a (new)
Article 53 – paragraph 3 a (new)
3a. A party may apply in writing to the chair of the Management Board for a member of the Board of Appeal to be excluded. The exclusion application shall be made on one of the grounds referred to in paragraph 1 or on the grounds of a risk of bias. The application must be accompanied by relevant supporting documents. The request shall only be admissible if it is made before the start of proceedings before the Board of Appeal, or, where the information constituting the grounds for the exclusion request becomes known after the proceedings have started, within five days of the requesting party becoming aware of that information. The Board of Appeal member concerned shall be notified of the request. Within five days of being notified of the exclusion request, the Board of Appeal member concerned shall state whether he or she agrees to be excluded. If he or she does not agree, the chair of the Management Board shall take a decision within seven working days of the response by the member concerned, or, where there is no response, after expiry of the deadline set for issuing a response.
Amendment 327 #
Proposal for a regulation
Article 53 – paragraph 3 b (new)
Article 53 – paragraph 3 b (new)
3b. The Board of Appeal shall deliver its opinion or take its decision without the participation of the member who has decided not to take part or who has been excluded in accordance with paragraphs 2 and 3. In order for the decision to be taken or the opinion delivered, the member concerned shall be replaced on the Board of Appeal by his or her substitute. If the substitute is unable to take his or her seat on the board for whatever reason, the chair of the Management Board shall appoint a temporary member to the board from the list referred to in Article 51(3) to replace him or her in the case concerned.
Amendment 328 #
Proposal for a regulation
Article 54 – title
Article 54 – title
Decisions subject to appeal Documents subject to appeal before the Board of Appeal
Amendment 331 #
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 by the Agency pursuant to Articles 12, 16, 17 and 18 and 17, or against a failure by the Agency to respond within the prescribed time limits.
Amendment 334 #
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. An appeal lodged pursuant to paragraph 1 shall not have a suspensory effect. The Agency may, however, suspend the application of the decision appealed against, if it considers that circumstances so permit, as long as the suspension of the decision does not affect railway safety.
Amendment 335 #
Proposal for a regulation
Article 54 – paragraph 2 a (new)
Article 54 – paragraph 2 a (new)
2a. An appeal may be brought before the Board of Appeal in the event of a failure by the Agency to take a decision within the time limits stipulated in Articles 20 and 22 of Directive .../.../EU [Interoperability Directive], and Article 10 of Directive .../.../EU [Railway Safety Directive].
Amendment 336 #
Proposal for a regulation
Article 54 – paragraph 2 b (new)
Article 54 – paragraph 2 b (new)
2b. An appeal may be brought before a Board of Appeal for the purpose of obtaining an opinion in the event of a disagreement between the Agency and a national safety authority pursuant to Articles 20(1)(f) and 22 of Directive .../.../EU [Interoperability Directive] and Article 10 of Directive .../.../EU [Railway Safety Directive].
Amendment 337 #
Proposal for a regulation
Article 54 – paragraph 2 c (new)
Article 54 – paragraph 2 c (new)
2c. An appeal may be brought before the Board of Appeal for the purpose of obtaining an opinion in the event of a disagreement between a Member State and the Agency in accordance with Articles 21 and 22.
Amendment 341 #
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 and 17. Any person may appeal against a decision which, although addressed to another person, directly and personally concerns the applicant if he or she takes the view that the decision discriminates against him or her. These rights shall also apply to bodies representing the persons referred to in Article 34(2), as duly authorised in accordance with their statutes.
Amendment 343 #
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. The appeal, together with the statement of grounds thereof, shall be filed in writing at the Agency within two months of the notification of the measure to the person concerned, or, if the person is notlaintiff is not the person notified of the measuredecision, within two months of the day on which it came to their knowledgethe plaintiff was made aware of the decision.
Amendment 344 #
Proposal for a regulation
Article 55 – paragraph 2 a (new)
Article 55 – paragraph 2 a (new)
2a. An appeal against a failure by the Agency to take a decision within the time limits stipulated in Articles 20 and 22 of Directive .../.../EU [Interoperability Directive], and Article 10 of Directive .../.../EU [Railway Safety Directive] may be lodged by the applicant within two weeks of the expiry of those time limits.
Amendment 345 #
Proposal for a regulation
Article 55 – paragraph 2 b (new)
Article 55 – paragraph 2 b (new)
2b. The appeal referred to in Article 54(4) and (5) shall be lodged: (a) by national safety authorities in accordance with Articles 20(1)(f) and 22 of Directive .../.../EU [Interoperability Directive], and Article 10 of Directive .../.../EU [Railway Safety Directive]; (b) by a Member State, in accordance with Articles 21 and 22.
Amendment 349 #
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
1. When acting in accordance with Article 54(1) and (3), when examining the appeal, the Board of Appeal shall act expeditiously. It shall, as often as necessary, invite the parties to the appeal proceedings to file, within specified time limits, 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. The Board of Appeal may consult any relevant expert or advisory body in drawing up its opinion.
Amendment 350 #
Proposal for a regulation
Article 56 – paragraph 1 a (new)
Article 56 – paragraph 1 a (new)
1a. When acting pursuant to Article 54(1), the Board of Appeal shall consider all complaints and, where necessary, ask for relevant information and consult the parties concerned within one month of receiving the complaint. It shall rule on any complaint and notify the parties concerned of its reasoned opinion within a reasonable time limit set in advance, and in any case within two months of receiving all the relevant information.
Amendment 351 #
Proposal for a regulation
Article 56 – paragraph 1 b (new)
Article 56 – paragraph 1 b (new)
1b. When acting pursuant to Article 54(3), the Board of Appeal may issue an injunction, if necessary accompanied by a penalty, without prejudice to other potential appeals relating to the content of the decision.
Amendment 353 #
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
2. TWhen acting in accordance with Article 54(1) and (2), the Board of Appeal may exercise appropriate power which lies within the competence of the Agency, or it may remit the case to the competent body of the Agency. The latter shall be bound by the decision of the Board of Appeal. The Board of Appeal’s decision shall be binding on both parties and may not be subject to scrutiny by any other administrative authority except the Court of Justice of the European Union.
Amendment 354 #
Proposal for a regulation
Article 56 – paragraph 4 a (new)
Article 56 – paragraph 4 a (new)
4a. When issuing an opinion pursuant to Article 54(4) and (5), the Board of Appeal shall consider all appeals, ask, where necessary, for relevant information, consult the parties concerned and notify them of its reasoned opinion within the time limit laid down in Articles 20(1)(f) and 22 of Directive .../.../EU [Interoperability Directive] and Article 10 of Directive .../.../EU [Railway Safety Directive], where the opinion is delivered pursuant to Article 54(4), and two months after receiving the information required, where that opinion is delivered pursuant to Article 54(5).
Amendment 355 #
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. Actions for the annulment of Agency decisions taken pursuant to Articles 12, 16, 17 and 187 may be brought before the Court of Justice of the European Union only after all appeal procedures within the Agency have been exhausted.
Amendment 356 #
Proposal for a regulation
Article 57 – paragraph 1 a (new)
Article 57 – paragraph 1 a (new)
1a. Actions for the annulment of an Agency decision taken by the Board of Appeal pursuant to Article 54(1) and (3) may be brought by the parties before the Court of Justice of the European Union within two months of the decision being notified.
Amendment 361 #
Proposal for a regulation
Article 61 – paragraphs 3 a and 3 b (new)
Article 61 – paragraphs 3 a and 3 b (new)
3a. The Agency and its staff shall carry out the tasks defined in this Regulation with the highest degree of professional integrity and the requisite technical competence in the specific field. They must be free from all pressures and inducements, in particular financial inducements, that might influence their judgement or the results of their work, especially from persons or groups with an interest in the results of this work. The Agency shall have sufficient staff to ensure that the tasks defined in this Regulation are carried out properly. 3b. Staff must have: (a) a thorough technical and professional grounding covering all the Agency’s activities; (b) a satisfactory knowledge of the requirements of the assessments that the Agency carries out and adequate authority to carry out those assessments; (c) appropriate knowledge and understanding of the requirements necessary to formulate the Agency’s decisions; (d) the ability to review opinions delivered and decisions taken by the NSA as well as national regulations.
Amendment 365 #
Proposal for a regulation
Article 64 – paragraph 1 a (new)
Article 64 – paragraph 1 a (new)
1a. Where the Agency or a present or past member of staff thereof is asked to provide information by national judicial authorities and national accident investigation bodies, they shall respond within a predetermined, reasonable period of time defined by the national judicial authorities and the national accident investigation bodies. Rules relating to secrecy and confidentiality may not be used against these authorities and bodies. Where necessary, the Agency may state which information may not be made public. The judicial authorities and investigation bodies may choose whether or not to accede to this request. All members of the Agency’s staff, past and present, must respond favourably when they are summoned by an authority in charge of a judicial inquiry or by an investigation body. The Agency or the person called upon may not impose any conditions or pre- requisites in order to respond to such requests or summonses. Where a member of staff refuses to provide the information requested, to respond to a summons or to cooperate in one way or another, or where his or her actions amount to such a refusal, and without prejudice to any existing criminal penalties in national law relating to obstruction of justice that may be applied after his or her immunity is waived, the Executive Director shall immediately impose a penalty on the member of staff concerned, after being informed of his or her actions by the national authority or body. This penalty may not be less than a three-month period of exclusion from duty in the first instance and permanent exclusion if the person continues with or repeats their actions. Where someone in a senior position at the Agency is concerned, the initial penalty shall be extended for as long as the person concerned continues to refuse to cooperate. Where the Executive Director is concerned, the Management Board of the Agency shall decide on the penalty immediately after being informed of his or her actions by the national authorities or bodies. Where the person concerned is a former member of staff still employed by a European Union body, that body shall impose a penalty pursuant to the above paragraphs. Where the person concerned is no longer employed by the European Union, the national judicial authorities shall request that his/her immunity be waived in accordance with Article 64(1b).
Amendment 366 #
Proposal for a regulation
Article 64 – paragraph 1 b (new)
Article 64 – paragraph 1 b (new)
1b. Where the national judicial authority responsible for judicial inquiries in a Member State intends to take the Agency, its staff or a former member of its staff to court, it may immediately ask the Management Board to waive the immunity of the Agency and/or of its staff, including former members of staff. The relevant authority shall not be required to give the reasons behind its request for information or summons. The request shall be addressed to the chair of the Management Board and shall, where necessary, state the degree of confidentiality required for the members of the board to act on the request, in accordance with the national rules in force as regards judicial proceedings. The Management Board shall respond positively or negatively within one month of the matter being referred to the chair of the board. If no response is forthcoming within one month, the decision will be deemed to have been a positive one. A negative decision must be duly reasoned and must show that agreeing to the request would be against the Union’s interests. An action for the annulment of a negative decision may be brought before the Court of Justice of the European Union.
Amendment 367 #
Proposal for a regulation
Article 64 – paragraph 1 c (new)
Article 64 – paragraph 1 c (new)
1c. By way of derogation from Article 66(4), where national law allows injured parties to be involved in criminal proceedings in order to claim for damages incurred, the relevant national courts, rather than the Court of Justice of the European Union, shall also have the authority to deal with compensation actions where an application for damages has been made.
Amendment 368 #
Proposal for a regulation
Article 64 – paragraph 1 d (new)
Article 64 – paragraph 1 d (new)
1d. Where no serious misconduct has been committed, the Agency shall protect members of its staff exercising their official duties, for example by means of legal aid, to compensate them for damages incurred or to cover the costs of any damages awarded or of any criminal conviction resulting from an administrative error.
Amendment 369 #
Proposal for a regulation
Article 66 – paragraph 4 a (new)
Article 66 – paragraph 4 a (new)
4a. The national courts shall be responsible in accordance with the law of the Member State concerned for cases relating to compensation actions as referred to in Article 64(4).
Amendment 370 #
Proposal for a regulation
Article 67 – paragraph -1 (new)
Article 67 – paragraph -1 (new)
-1. The documents provided by applicants and holders of certificates and authorisations, in accordance with Articles 12, 16 and 17, to notify the Agency and national safety authorities of those certificates and authorisations, shall be translated into all the official languages of the countries in which the rolling stock is used and in which the railway company concerned operates. Each translation shall be the authentic text in the country concerned, including for procedures under Article 56. The authorisation and the certificate must be issued in all the official languages of the countries concerned.
Amendment 371 #
Proposal for a regulation
Article 67 – paragraph 1
Article 67 – paragraph 1
1. TWhere Article 67(-1) does not apply, the provisions laid down in Regulation No 1 of 15 April 1958 determining the languages to be used in the European Economic Community shall apply to the Agency.
Amendment 374 #
Proposal for a regulation
Article 69 – title
Article 69 – title
Cooperation with national authorities andbodies
Amendment 376 #
Proposal for a regulation
Article 69 – paragraph 1
Article 69 – paragraph 1
1. The Agency mayshall enter into agreements with relevant national authorities, in particular the National Safety Authorities, and other competent bodies, in relation to the implementation of Articles 12, 16, 17 and 18. in relation to the implementation of the tasks conferred on the Agency and the National Safety Authorities by, respectively, Article 20 of Directive ../../EU [Interoperability Directive] and Article XXX of Directive ../../EU [Railway Safety Directive]. Those agreements may include action by the Agency to recover fees and charges payable by applicants for authorisations and certificates to National Safety Authorities.
Amendment 377 #
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
2. The agreements may include contracting of some of theAgency may subcontract to national safety authorities tasks of the Agency to the national authorities, such as checkr than those conferred on them ing and preparing files, verifying technical compatibility, performing visits and drafting technical studiesccordance with Article 20 of Directive ../../EU [Interoperability Directive] and Article 16(2) of Directive ../../EU [Railway Safety Directive].
Amendment 379 #
Proposal for a regulation
Article 69 – paragraph 2 a (new)
Article 69 – paragraph 2 a (new)
2a. Conversely, a national safety authority may subcontract to the Agency tasks other than those conferred on it in accordance with Article 20 of Directive ../../EU [Interoperability Directive] and Article 16(2) of Directive ../../EU [Railway Safety Directive].
Amendment 380 #
Proposal for a regulation
Article 69 – paragraph 3
Article 69 – paragraph 3
3. The Agency shall ensure that the agreements include at least specified description of tasks and conditions for deliverables, the time-limits applying to their delivery and, where there is a subcontracting agreement as referred to in paragraphs 2 and 3 or where the agreement referred to in paragraph 1 includes recovery of fees and charges payable to a national safety authority, the level and schedule of payments.
Amendment 383 #
Proposal for a regulation
Article 69 – paragraph 4
Article 69 – paragraph 4
4. The agreements described in paragraphs 1, 2 and 3 are without prejudice to the overall responsibility of the Agency for performing its tasks as provided for in Articles 12, 16, 17 and 187.
Amendment 388 #
Proposal for a regulation
Article 73 – title
Article 73 – title
Delegated acts relating to Articles 12, 16, 17 and 18 and 17
Amendment 389 #
Proposal for a regulation
Article 73 – paragraph 1
Article 73 – paragraph 1
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 74 concerning fees and charges payable to the Agency in respect of tasks conferred on it by Directive ../../EU [Interoperability Directive] and Directive ../../EU [Railway Safety Directive] in application of Articles 12, 16, 17 and 187.
Amendment 390 #
Proposal for a regulation
Article 73 – paragraph 2
Article 73 – paragraph 2
2. The measures referred to in paragraph 1 shall determine in particular the matters for which fees and charges pursuant to Articles 12, 16, 17 and 187 are due, the amount of the fees and charges due to the Agency and, where stipulated by the agreement provided for in Article 63(1), to the national safety authority concerned, and the way in which they are to be paid.
Amendment 391 #
Proposal for a regulation
Article 73 – paragraph 3 – introductory part
Article 73 – paragraph 3 – introductory part
Fees and charges shall be published and levied for:
Amendment 395 #
Proposal for a regulation
Article 73 – paragraph 3 – point c
Article 73 – paragraph 3 – point c
(c) the provision of other services; they shall reflect the actual cost of each individual provision;
Amendment 396 #
Proposal for a regulation
Article 73 – paragraph 3 – point d
Article 73 – paragraph 3 – point d
Amendment 397 #
Proposal for a regulation
Article 73 – paragraph 3 – subparagraph 2
Article 73 – paragraph 3 – subparagraph 2
Where, under agreements provided for in Article 63(1), a national safety authority commissions the Agency to recover the fees due to it, those fees shall be published, together with the fees due to the Agency. All fees and charges shall be expressed, and payable, in euro.
Amendment 398 #
Proposal for a regulation
Article 73 – paragraph 4
Article 73 – paragraph 4
4. The amount of the fees and charges relating to the Agency shall be fixed at such a level as to ensure that the revenue in respect thereof is sufficient to cover the full cost of the services delivered. All expenditures of the Agency attributed to staff involved in activities referred to in paragraph 3, including the employer's pro- rata contribution to the pension scheme, shall be in particular reflected in this cost. Should a significant imbalance resulting from the provision of the services covered by fees and charges become recurrent, the revision of the level of the fees and charges shall become mandatory.
Amendment 402 #
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
1. No later than five years after the entry into force of this Regulation and every five years thereafter, the Commission shall commission an evaluation to assess, in particular, the impact, effectiveness and efficiency of the Agency and its working practices. The evaluation shall take account of the views of the representatives of the railway sector, of the social partners and of consumer organisations. The evaluation shall address, in particular, any need to amend the mandate of the Agency, and the financial implications of any such amendment.
Amendment 403 #
Proposal for a regulation
Article 77
Article 77
Amendment 407 #
Proposal for a regulation
Article 77 a (new)
Article 77 a (new)
Article 77a Transitional provisions concerning Agency decisions 1. The Agency shall take decisions under Articles 12, 16, 17 and 18 as from (two years after the entry into force of this Regulation). Until that date, Member States shall continue to apply the relevant legislation and regulations. 2. During an additional transitional period of 42 months from the date referred to in paragraph 1, Member States may continue to issue certificates and authorisations by way of derogation from the provisions of Articles 12, 16, 17 and 18 under the terms specified by the Commission in the implementing rules adopted for their application in accordance with Article 75. Before the decisions are issued, the Agency shall assess whether that would: - reduce the level of railway safety and/or - constitute arbitrary discrimination or excessive restriction of a rail transport service. The Commission may request the national safety authority concerned to modify the relevant decision, suspend application thereof or rescind it. Should the national safety authority refuse to act, the Agency may refer the matter to the Commission and to the committee referred to in Article 75.