54 Amendments of Gilles PARGNEAUX related to 2013/0015(COD)
Amendment 79 #
Proposal for a directive
Recital 19
Recital 19
(19) In order to ensure the progressive implementation of rail interoperability within the whole Union and gradually reduce the diversity of legacy systems, the TSIs should specify the provisions to be applied in the event of renewal or upgrading of existing subsystems and may specify deadlines for achieving the target system.
Amendment 82 #
Proposal for a directive
Recital 23
Recital 23
(23) In view of the extent and complexity of the rail system, it has proved necessary, for practical reasons, to break it down into the following subsystems: infrastructure, trackside control-command and signalling, on-board control-command and signalling, energy, rolling stock, operation and traffic management, maintenance and telematics applications for passenger and freight services. For each of these subsystems the essential requirements must be specified and the technical specifications determined, particularly in respect of constituents and interfaces, in order to meet these essential requirements. The same system is broken down into fixed and mobile elements comprising, on the one hand, the network, composed of the lines, stations, terminals, and all kinds of fixed equipment needed to ensure safe and continuous operation of the system and, on the other hand, all vehicles travelling on this network. Therefore, for the purposes of this Directive, a vehicle is composed of one subsystem (rolling stock) and where applicable other subsystems (mainly the on-board control-command and signalling subsystem). Although the system is divided into several elements, the Agency should retain an overview of the system, in order to guarantee safety and interoperability.
Amendment 93 #
Proposal for a directive
Recital 41
Recital 41
(41) The TSIs should specify the procedures for checking the compatibility between vehicles and network afterprior to the delivery of the vehicle authorisation for placing on the market and before the decision to place into service.
Amendment 94 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive establishes the conditions to be met to achieve interoperability within the Union’s rail system in a manner compatible with the provisions of Directive […/…on the safety of the rail system within the Union] . These conditions concern the design, construction, placing in service, upgrading, renewal, operation and maintenance of the parts of this system as well as the professional qualifications and health and safety conditions of the staff who contribute to its operation and maintenance. The pursuit of this objective must lead to the definition of an optimum level of technical harmonisation and make it possible to contribute to the progressive creation of the internal market in equipment and services for the construction, renewal, upgrading and operation of the rail system in the Union.
Amendment 105 #
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘ Union rail system’ means the elements listed inof the conventional and high-speed trans- European rail systems listed in points 1 and 2 respectively of Annex I;
Amendment 108 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘interoperability’ means the ability of a rail system to allow the safe and uninterrupted movement of trains which accomplish the required levels of performance for these lines. This capacity depends on all regulatory, technical and operational conditions that need to be applied in order to meet essential requirements.
Amendment 109 #
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘vehicle’ means a railway vehicle suitable forto circulatione on its own wheels on railway lines, with or without traction, in a fixed or variable composition. A vehicle is composed of one or more structural and functional subsystems.
Amendment 126 #
Proposal for a directive
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) ‘contracting entity’ means public or private entity which orders the design and/or construction or the renewal or upgrading of a subsystem. This entity may be a railway undertaking, an infrastructure manager, an entity in charge of maintenance or a keeper, or a concession holder responsible for carrying out a project;
Amendment 132 #
Proposal for a directive
Article 2 – paragraph 1 – point 26
Article 2 – paragraph 1 – point 26
(26) ‘national rules’ means all binding rules notified by a Member State containing railway safety, operational or technical requirements imposed at Member State level and applicable to railway undertakingactors, irrespective of the body issuing them;. Only notified national rules shall be mandatory.
Amendment 135 #
Proposal for a directive
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
(28) ‘acceptable means of compliance’ means non-binding opinions issued by the Agency to define ways of establishing compliance with the essential requirements, so as to offset temporarily shortcomings in a TSI until such time as that TSI has been amended;
Amendment 136 #
Proposal for a directive
Article 2 – paragraph 1 – point 28 a (new)
Article 2 – paragraph 1 – point 28 a (new)
(28a) ‘acceptable national means of compliance’ means other means of compliance laid down in a Member State which give rise to a presumption of compliance with the relevant section of the national rules. These acceptable national means of compliance shall be notified to the Agency.
Amendment 139 #
Proposal for a directive
Article 2 – paragraph 1 – point 31
Article 2 – paragraph 1 – point 31
(31) ‘authorised representative’ means any natural or legal person established within the Union who has received a written mandate from a manufacturer or a contracting entity to act on his behalf in relation to specified tasks;
Amendment 140 #
Proposal for a directive
Article 2 – paragraph 1 – point 32
Article 2 – paragraph 1 – point 32
(32) ‘technical specification’ means a document that prescribes technical requirements to be fulfilled by a product, subsystem, process or service;
Amendment 155 #
Proposal for a directive
Article 4 – paragraph 4 – point d
Article 4 – paragraph 4 – point d
(d) determine the interoperability constituents and interfaces which must be covered by European specifications, including European standards, which are necessary to achieve interoperability within the rail system;. This shall include the identification of the rail spare parts to be standardised in accordance with Article 41 of the ERA rules. The list of spare parts to be standardised, including existing parts, shall be included in each TSI.
Amendment 192 #
Proposal for a directive
Article 13 – paragraph 3 – introductory part
Article 13 – paragraph 3 – introductory part
3. Member States shall draw up, for each subsystem, a list of the national rules in use for implementing the essential requirements and/or national acceptable means of compliance in the following cases :
Amendment 200 #
Proposal for a directive
Article 14 – paragraph 3 – point a
Article 14 – paragraph 3 – point a
(a) when a TSI does not fully meet the essential requirements or if it is necessary to maintain the existing level of safety;
Amendment 202 #
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. If a Member State intends to introduce a new national rule, it shall notifysubmit the draft to the Agency and the Commissfor consideration, giving the reason for the introduction, in accordance with Article 21 of Regulation (EU) No .../... [Agency Regulation], through the appropriate IT system in accordance with Article 23 of Regulation (EU) No …/… [Agency Regulation]. The Agency shall have two months in which to consider the draft rule and approve or reject it. Only in the case of emergency preventive measures, Member States may adopt and apply a new rule immediately and that rule shall be valid for two months. If such a rule affects several Member States, the Agency, working in cooperation with the national safety authorities, shall harmonise the rule at EU level.
Amendment 208 #
Proposal for a directive
Article 14 – paragraph 8 – subparagraph 1
Article 14 – paragraph 8 – subparagraph 1
The Commission shall establish, by means of implementing acts, the classification of the notified national rules in different groups with the aim of facilitating their mutual acceptance in different Member States and the compatibility checks between fixed and mobile equipment. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(3). The Agency shall classify, in accordance with the implementing acts referred to in the first subparagraph, the national rules which are notified in accordance with this Article, and shall publish the corresponding register. This register shall also provide a list of all other means of compliance.
Amendment 216 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Amendment 220 #
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 1
Article 18 – paragraph 2 – subparagraph 1
Each national safety authority shall authorise the placing in service of thect as a single reference point for all fixed installations: energy and, infrastructure and trackside control-command and signalling subsystems which are located or operated in the territory of its Member State. For trackside ERTMS installations, the national safety authority shall consult the ERA, which is the deciding authority. For all other fixed installations, the national safety authority is the deciding authority.
Amendment 226 #
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 2
Article 18 – paragraph 2 – subparagraph 2
Amendment 238 #
Proposal for a directive
Article 18 – paragraph 3 – point e
Article 18 – paragraph 3 – point e
(e) the safe integration of these subsystems, established on the basis of the relevant TSIs, national rules, registers, and the common safety methods set out in Article 6 of Directive…/… [on the safety of the rail system within the Union], and consultations with stakeholders.
Amendment 239 #
Proposal for a directive
Article 18 – paragraph 3 – point e a (new)
Article 18 – paragraph 3 – point e a (new)
(ea) the national declaration of verification
Amendment 254 #
Proposal for a directive
Article 20 – title
Article 20 – title
Amendment 258 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. A vehicle shall be placed oin the marketservice only after having received the vehicle authorisation for placing oin the marketservice issued by the Agency in accordance with paragraph 5.
Amendment 267 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The Agency shall issue decisions granting vehicle authorisations for placing oin the marketservice. Those authorisations attest the values of the parameters relevant for checking the technical compatibility between the vehicle and the fixed installations as set out in the TSIs, and the national rules for networks or lines and groups of networks or lines selected pursuant to paragraph 9. The vehicle authorisation for placing oin the marketservice shall also provide information about the vehicle’s compliance with the relevant TSIs and sets of national rules for networks or lines and groups of networks or lines selected pursuant to paragraph 9, related to these parameters.
Amendment 272 #
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The vehicle authorisation for placing oin the market mayservice shall stipulate conditions for the use of the vehicle and other restrictions.
Amendment 275 #
Proposal for a directive
Article 20 – paragraph 4 – introductory part
Article 20 – paragraph 4 – introductory part
4. The vehicle authorisation for placing oin the marketservice shall be issued on the basis of a file of the vehicle or type of vehicle produced by the applicant and including the documentary evidence of:following: (a) the EC declaration of verification of the vehicle and the technical file accompanying it; (b) certificate of verification in the case of national rules pursuant to Annex VI 3; (c) documentary proof of correct integration in the vehicle if this is not covered by points (a) or (b); (d) documentary evidence of the vehicle’s technical compatibility and safe integration on the networks or lines selected pursuant to paragraph 9, established on the basis of the relevant TSIs, the national rules, the registers, if necessary by means of a question to the infrastructure manager, and the common safety methods set out in Article 6 of Directive .../... [on the safety of the rail system in the EU].
Amendment 284 #
Proposal for a directive
Article 20 – paragraph 4 – point i
Article 20 – paragraph 4 – point i
Amendment 288 #
Proposal for a directive
Article 20 – paragraph 4 – point j
Article 20 – paragraph 4 – point j
Amendment 293 #
Proposal for a directive
Article 20 – paragraph 4 – point k
Article 20 – paragraph 4 – point k
Amendment 299 #
Proposal for a directive
Article 20 – paragraph 5 – subparagraph 1
Article 20 – paragraph 5 – subparagraph 1
The Agency shall take the decisions referred to in paragraph 2 within a pre- determined, reasonable time, and, in any case, within four months from receipt of all relevant information from the applicant. Any negative or restrictive decision made by the Agency shall be duly substantiated. Those authorisations shall be valid inrecognised by all Member States.
Amendment 304 #
Proposal for a directive
Article 20 – paragraph 5 – subparagraph 2
Article 20 – paragraph 5 – subparagraph 2
The Agency shall provide detailed guidance on how to obtain the vehicle authorisation for placing oin the marketservice. An application guidance document describing and explaining the requirements for the vehicle authorisation for placing oin the marketservice and listing the required documents shall be made available to applicants free of charge. The national safety authorities shall cooperate with the Agency in disseminating such information.
Amendment 315 #
Proposal for a directive
Article 20 – paragraph 6
Article 20 – paragraph 6
6. The Agency may issue vehicle authorisation for placing oin the marketservice for a series of vehicles. Any negative or restrictive decision made by the Agency shall be duly substantiated. Those authorisations shall be valirecognised in all Member States.
Amendment 318 #
Proposal for a directive
Article 20 – paragraph 7
Article 20 – paragraph 7
7. The applicant may bring an appeal before the Board of Appeal designated under Article 51 of Regulation (EU) No …/… [establishing a European railway agency] against decisions of the Agency or its failure to act within the time limits referred to in paragraph 5that article. Any other person may challenge a decision that, in spite of being directed at another person, directly and personally concerns the former. Furthermore, these rights shall apply to bodies representing those persons.
Amendment 322 #
Proposal for a directive
Article 20 – paragraph 8
Article 20 – paragraph 8
8. In the event of renewal or upgrading of existing vehicles which already have a vehicle authorisation for placing on the market: (a), in addition to the requirement for a new 'EC' declaration of verification shall be needed as set out in Article 15(4), and (b) a new vehicle, the applicant shall request from the Agency a new authorisation for placing on the market shall be required if any changes are made to the values of the parameters includvehicle in service where: (a) the general safety level of the vehicle in question could be substantially adversely affected by the planned work; or (b) this is required inby the vehicle authorisrelevant TSIs. When undertaking upgrades or renewals, only the modification falready grantedls within the scope of this article.
Amendment 330 #
Proposal for a directive
Article 20 – paragraph 9 – subparagraph 1
Article 20 – paragraph 9 – subparagraph 1
Amendment 338 #
Proposal for a directive
Article 20 – paragraph 9 – subparagraph 2
Article 20 – paragraph 9 – subparagraph 2
This indication may be also added,extended to other networks or lines at the request of the original or another applicant, after the relevant authorisation for placing on the market has been issued.
Amendment 350 #
Proposal for a directive
Article 20– paragraph 9 a (new)
Article 20– paragraph 9 a (new)
9 a. The Agency may modify or revoke an authorisation to bring a vehicle into service if the vehicle in question no longer meets the conditions on the basis of which the authorisation was granted, giving the reasons for its decision. The Agency shall immediately update the European register referred to in Article 43.
Amendment 352 #
Proposal for a directive
Article 20 – paragraph 9 b (new)
Article 20 – paragraph 9 b (new)
9 b. If a national safety authority learns that an authorised vehicle does not comply with the basic requirements, it shall immediately notify the Agency and the other relevant authorities of this fact. The Agency shall decide on the measures to be taken within one month. In the case of urgent preventive measures, the Agency may immediately restrict or suspend authorisation before taking a decision.
Amendment 354 #
Proposal for a directive
Article 21 – title
Article 21 – title
Amendment 357 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1
Article 21 – paragraph 1 – subparagraph 1
Amendment 368 #
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 373 #
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 1
Article 22 – paragraph 1 – subparagraph 1
The Agency shall grant authorisations to place vehicle types oin the marketservice.
Amendment 377 #
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2
Article 22 – paragraph 1 – subparagraph 2
The Agency shall provide detailed guidance on how to obtain the authorisation to place vehicle types oin the marketservice. An application guidance document describing and explaining the requirements for the authorisation to place vehicle types oin the marketservice and listing the required documents shall be made available to applicants free of charge. The national safety authorities shall cooperate with the Agency in disseminating such information.
Amendment 380 #
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. However, if the Agency issues a vehicle authorisation for placing oin the marketservice, it shall at the same time issue the authorisation to place the corresponding vehicle type oin the marketservice.
Amendment 383 #
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
3. A vehicle which is in conformity with a vehicle type for which an authorisation to place the corresponding vehicle type oin the marketservice has been already issued shall, without further checks, receive a vehicle authorisation for placing oin the marketservice on the basis of a declaration of conformity to this type submitted by the applicant.
Amendment 384 #
Proposal for a directive
Article 22 – paragraph 4
Article 22 – paragraph 4
4. In the event of changes to any relevant provisions in TSIs or national rules, on the basis of which an authorisation to place a vehicle type oin the marketservice has been issued, the TSI or national rule shall determine whether the authorisation to place that vehicle type oin the marketservice already granted remains valid or needs to be renewed. If that authorisation needs to be renewed, the checks performed by the Agency may only concern the changed rules. The renewal of the authorisation to place a vehicle type oin the marketservice does not affect vehicle authorisations for placing oin the marketservice already issued on the basis of the previous authorisation to place that vehicle type oin the marketservice, without prejudice to Article 5(10).
Amendment 387 #
Proposal for a directive
Article 22 – paragraph 5
Article 22 – paragraph 5
5. The declaration of conformity to type shall be established in accordance with Decision 2010/713/EU. Agency may modify, suspend or revoke an authorisation to place a vehicle type in service if the vehicle type in question no longer meets the conditions on the basis of which the authorisation was granted, giving the reasons for its decision. The Agency shall immediately update the European register defined in Article 44.
Amendment 399 #
Proposal for a directive
Article 44 – title
Article 44 – title
European register of authorisation to place vehicle types oin the marketservice
Amendment 400 #
Proposal for a directive
Article 44 – paragraph 1 – introductory part
Article 44 – paragraph 1 – introductory part
1. The Agency shall set up and keep a register of authorisations to place vehicle types oin the marketservice issued in accordance with Article 22. This register shall meet the following criteria:
Amendment 425 #
Proposal for a directive
Annex 1 – point 1 – introductory part
Annex 1 – point 1 – introductory part
1. Network For the purposes of this Directive, the Union network shall include the following elements of the high-speed network as defined in letters (a), (b) and (c) and the conventional network as defined in letters (d) to (i): (a) specially built high-speed lines equipped for speeds generally equal to or greater than 250 km/h, (b) specially upgraded high-speed lines equipped for speeds of the order of 200 km/h, (c) specially upgraded high-speed lines which have special features as a result of topographical, relief or town-planning constraints, to which the speed must be adapted in each case. This category shall include interconnecting lines between high-speed and conventional networks, lines through stations, accesses to terminals, depots, etc. travelled at conventional speed by ‘high-speed’ rolling stock, (d) conventional lines intended for passenger services, (e) conventional lines intended for mixed traffic (passengers and freight), (f) conventional lines intended for freight services, (g) passenger hubs, (h) freight hubs, including intermodal terminals, (i) lines connecting the abovementioned elements. This network shall include traffic management, tracking and navigation systems, technical installations for data processing and telecommunications intended for long-distance passenger services and freight services on the network in order to guarantee the safe and harmonious operation of the network and efficient traffic management.
Amendment 428 #
Proposal for a directive
Annex 1 – point 2 – introductory part
Annex 1 – point 2 – introductory part
2. Vehicles For the purposes of this Directive, Union vehicles shall comprise all vehicles likely to travel on all or part of the Union network, including: - high-speed vehicles designed to travel at speeds greater than 250 km/h on specially built lines which allow for maximum speeds of more than 300 km/h in appropriate circumstances, - high-speed vehicles designed to travel at speeds of the order of 200 km/h on specially built or upgraded lines where this is compatible with the performance levels of those lines, – locomotives and passenger rolling stock, including thermal or electric traction units, self-propelling thermal or electric passenger trains, passenger coaches; – freight wagons, including vehicles designed to carry lorries; – special vehicles, such as on-track machines. Each of the above categories may be subdivided into: – vehicles for international use; – vehicles for national use. The TSIs shall specify the requirements to ensure the safe operation of these vehicles on different categories of line.
Amendment 437 #
Proposal for a directive
Annex 3 – point 2 – point 2.4 – point 2.4.3 – paragraph 3
Annex 3 – point 2 – point 2.4 – point 2.4.3 – paragraph 3
The characteristics of the rolling stock must be such as to allow it to travel on any line on which it is expected to operate, taking account of relevant climatic conditions. This shall include the entirely safe integration of the vehicle into the subsystem with the infrastructure.