BETA

Activities of Gilles PARGNEAUX related to 2013/0028(COD)

Plenary speeches (1)

Domestic passenger transport services by rail (A8-0373/2016 - Wim van de Camp) FR
2016/11/22
Dossiers: 2013/0028(COD)

Amendments (39)

Amendment 48 #
Proposal for a regulation
Recital 4
(4) When competent authorities organise their public passenger transport services they need to ensure that public service obligations and the geographUnder the Treaty provisions on services of general economic interest, it is for the competent authorities to define public service obligations. Only where the relevant judicial scope of public service contracts are appropriate, necessary and proportionate to achieve the objecauthorities find that there has been a manifest error of assessment may their scope for action be limited. In particular, the competent authoritives ofmay organise their public passenger transport policy in their territory. This policy should be set out in public transport plans leaving scope for market based transport solutions. The procservices in a way that encourages network effects so as to achieve transport solutions that reflect the needs of users. They should be able to present the main featuress of definingtheir public transport plans and public service obligations should be madolicies in indicative public transport plans which are transparent to relevant stakeholders including potential market entrants.
2013/09/23
Committee: TRAN
Amendment 51 #
Proposal for a regulation
Recital 5
(5) To ensure sound financing to meet the objectives of public transport plans, competent authorities need to design public service obligations to attain public transport objectives in a cost-effective manner taking account of the compensation for the net financial effect of those obligations and they need to ensure long-term financial sustainability of public transport provided under public service contracts.deleted
2013/09/23
Committee: TRAN
Amendment 54 #
Proposal for a regulation
Recital 6
(6) It is particularly important that competent authorities comply with these criteria for public service obligations and the scope of public service contracts if the market for public passenger transport by rail is to run smoothly, because open access transport operations need to be well coordinated with those under public service contract. For this reason, the independent rail regulatory body should ensure that this process is correctly applied and transparent.deleted
2013/09/23
Committee: TRAN
Amendment 61 #
Proposal for a regulation
Recital 9
(9) Certain upper limits for the direct award of public service contracts need to be adapted for rail transport to the specific economic conditions under which tender procedures take place in this sector. For complex public rail transport services, there should be the option of awarding contracts directly so as to ensure that the necessary conditions are met in terms of experience, knowledge and organisation.
2013/09/23
Committee: TRAN
Amendment 87 #
Proposal for a regulation
Recital 12
(12) Where the competent authorities observe that the market does not ensure it under suitable economic and non- discriminatory conditions, public service operators' access to rail rolling stock needs should be able to be facilitated by competent authorities through adequate and effective measures.
2013/09/23
Committee: TRAN
Amendment 102 #
Proposal for a regulation
Recital 17
(17) In order to ensure uniform conditions for the implementation of Article 5a of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers.deleted
2013/09/23
Committee: TRAN
Amendment 105 #
Proposal for a regulation
Recital 18
(18) In the context of amendments to the Regulation (EC) No 994/98 (Enabling Regulation), the Commission proposed also an amendment of Regulation (EC) No 1370/2007 (COM(2012) 730/3). In order to harmonize the approach to block exemption regulations in the field of State aid and, in accordance with the procedures foreseen in Articles 108(4) and 109 of the Treaty, aid for the coordination of transport or reimbursement for the discharge of certain obligations inherent in the concept of a public service as referred to in Article 93 of the Treaty should be brought under the scope of the Enabling Regulation.deleted
2013/09/23
Committee: TRAN
Amendment 119 #
Proposal for a regulation
Article 1 – point 1 – point a
Regulation (EC) No. 1370/2007
Article 2 – point c
"(c) "competent local authority" means any competent authority whose geographical area of competence is not national and which covers the transport needs of an urban agglomeration or a rural district;";
2013/09/23
Committee: TRAN
Amendment 133 #
Proposal for a regulation
Article 1 – point 1 – point b
Regulation (EC) No. 1370/2007
Article 2 – point e
"The scope of public service obligations shall exmay include all public transport services that go beyond of what is necessarypermit the benefits of economic, technical or geographical network effects to be reaped at local, regional or sub-national network effectslevel.
2013/09/23
Committee: TRAN
Amendment 140 #
Proposal for a regulation
Article 1 – point 1 – point b a (new)
Regulation (EC) No. 1370/2007
Article 2 – point i
(ba) Point (i) second indent of Article 2 is complemented by the following: “For public passenger rail transport, the maximum annual volume of a public service contract in terms of train-km shall be the higher value of either 10 million train-km or one third of the total national public rail passenger transport volume under public service contract."
2013/09/23
Committee: TRAN
Amendment 142 #
Proposal for a regulation
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) - Title
Public transport plans and public service obligations
2013/09/23
Committee: TRAN
Amendment 144 #
Proposal for a regulation
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 1
1. Competent authorities shall establish and regularly update indicative public passenger transport plans covering all relevant transport modes for the tserritoryvices for which they are responsible. These public transport plans shall define the objectives of public transport policy and the means to implement them covering all relevant transport modes for the territory for which they are responsible. They shall at least includ. They shall describe:
2013/09/23
Committee: TRAN
Amendment 159 #
Proposal for a regulation
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 1 – point b
basic requirements to be fulfilled by public transport offer such as accessibility, territorial connectivity, security, modal and intermodal interconnections at main connecting hubs, offer characteristics such as times of operation, frequency of services and minimum degree of capacity utilisation(b) the main characteristics of public transport offer;
2013/09/23
Committee: TRAN
Amendment 168 #
Proposal for a regulation
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 1 – point c
quality standards related to items such as equipment features of stops and of rolling stock, punctuality and reliability, cleanliness, customer service and information, complaint handling and redress, moni(c) the list of criteria for the quality of the services on offer; these criteria shall be monitored on a regular basis and the findings published in the report referred tor ing of serv Article quality7;
2013/09/23
Committee: TRAN
Amendment 171 #
Proposal for a regulation
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 1 – point d
principles of tariff policy;deleted
2013/09/23
Committee: TRAN
Amendment 188 #
Proposal for a regulation
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 2
In establishing public transport plans, competent authorities shall have regard in particular to applicable rules regarding passenger rights, social, employment, and environmental protection and social protection.
2013/09/23
Committee: TRAN
Amendment 193 #
Proposal for a regulation
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 3
The competent authorities shall adopt the public transport plans after consultation of relevant stakeholders andould consult interested parties prior to adoption of the transport plans they publish them. For the purpose of this Regulation, relevant stakeholders to be taken into consideration are at least, in particular, transport operators, infrastructure managers if appropriate, and representative passenger and employee organisations.
2013/09/23
Committee: TRAN
Amendment 197 #
Proposal for a regulation
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 2
The establishment of public service obligations and the award of public service contracts shall be consistent with the applicable public transport plans.deleted
2013/09/23
Committee: TRAN
Amendment 200 #
Proposal for a regulation
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a new) – paragraph 3
3. The specifications of public service obligations for public passenger transport and the scope of their application shall be established as follows: (a) they shall be defined in accordance with Article 2 (e); (b) they shall be appropriate to achieve the objectives of the public transport plan; (c) they shall not exceed what is necessary and proportionate to achieve the objectives of the public transport plan. The assessment of appropriateness referred to in point (b) shall take into account whether a public intervention in the provision of passenger transport is a suitable means of achieving the objectives of the public transport plans. For public passenger transport by rail the assessment of necessity and proportionality referred to in point (c) shall take into account the transport services provided under Article 10(2) of Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (recast) and consider all information given to the infrastructure managers and regulatory bodies pursuant to the first sentence of Article 38(4) of that Directive.deleted
2013/09/23
Committee: TRAN
Amendment 216 #
Proposal for a regulation
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraphe 4
4. The specifications of public service obligations and the related compensation of the net financial effect of public service obligations shall: (a) achieve the objectives of the public transport plan in the most cost-effective manner; (b) financially sustain the provision of public passenger transport in accordance to the requirements laid down in the public transport plan in the long term.deleted
2013/09/23
Committee: TRAN
Amendment 229 #
Proposal for a regulation
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 5
When preparing the specifications, the competent authority shall set out the draft specifications of public service obligations and their scope, the basic steps of the assessment of their compliance with the requirements laid down in paragraphs 2, 3 and 4, and the results of the assessment. The competent authority shall in an appropriate manner consult relevant stakeholders such as a minimum, transport operators, infrastructure managers if appropriate and representative passenger and employee organisations on these specifications and take their positions into consideration.deleted
2013/09/23
Committee: TRAN
Amendment 234 #
Proposal for a regulation
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 6
For public passenger transport by rail: (a) compliance of the assessment and of the procedure set out in this Article shall be ensured by the regulatory body referred to in Art 55 of Directive 2012/34/EU including on its own initiative. (b) the maximum annual volume of a public service contract in terms of train- km shall be the higher value of either 10 million train-km or one third of the total national public rail passenger transport volume under public service contract."deleted
2013/09/23
Committee: TRAN
Amendment 274 #
Proposal for a regulation
Article 1 – point 3 – point d
CWhilst protecting business confidentiality, competent authorities shall make available to all interested parties relevant information for the preparation of an offer under a competitive tender procedure. This shall include information on passenger demand, fares, costs and revenues related to the public passenger transport covered by the tender and details of the infrastructure specifications relevant for the operation of the required vehicles or rolling stock to enable them to draft well informed business plans. Rail infrastructure managers shall support competent authorities in providing all relevant infrastructure specificationsThey may stipulate that certain information, notably concerning passenger numbers and revenue related to the public passenger transport service, is given for information only and that interested parties draw on this information in the preparation of their tenders at their own risk. Public service operators awarded public service contracts shall supply the competent authorities concerned each year with information on performance of the public service contract. This shall include information on passenger demand, fares, costs and revenue related to the public passenger transport service covered by the tender, and the specifications of the vehicles or rolling stock used. Rail infrastructure managers shall provide competent authorities with all relevant infrastructure specifications, within three months of this being requested. The specifications for the network concerned shall include, as a minimum, the following information as well as their development projections as established in the contract between the competent authority and the infrastructure manager provided for in Article 30(2)of Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (recast): - relevant information in the Register of Infrastructure provided for in Article 35 of Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community; - the network's capacity and the infrastructure capacity unavailable on account of maintenance and renewal work; - the indicative rail infrastructure development strategy. Non- compliance with the provisions set out above shallin this paragraph may be subject to the legal review procedure provided for in Article 5(7)."
2013/09/23
Committee: TRAN
Amendment 304 #
Proposal for a regulation
Article 1 – point 4 – point a
Regulation (EC) No. 1370/2007
Article 5 – paragraph 4 – subparagraph 1 - point b
where they concern the annual provision of less than 300 000 kilometres of public passenger transport services or less than 15 000 000 kilometres in the case of a public service contract including public transport by rail., or
2013/09/23
Committee: TRAN
Amendment 312 #
Proposal for a regulation
Article 1 – point 4 – point a
(ba) for lines or groups of lines providing public passenger transport by rail, or by metro, where the services concerned are complex owing to the density of the network used, traffic volumes, the level of use, or major hubs connecting the lines under consideration and the rest of the rail network.
2013/09/23
Committee: TRAN
Amendment 345 #
Proposal for a regulation
Article 1 – point 5
Regulation (EC) No 1370/2007
Article 5 a (new) – paragraph 1
Member States shall in compliance with State aid rulesThe competent authorities shall take the necessary measures to ensureallow effective and non-discriminatory access to suitable rolling stock for public passenger transport by rail for operators wishing to provide public passenger transport services by rail under public service contracts within their jurisdiction.
2013/09/23
Committee: TRAN
Amendment 352 #
Proposal for a regulation
Article 1 – point 5
Regulation (EC) No 1370/2007
Article 5 a (new) – paragraph 2 – subparagraph 1
Where rolling stock leasing companies which provide for the leasing of rolling stock referred to in paragraph 1 under non-discriminatory and commercially viable conditions to all of the public rail passenger transport operators concerned do not exist in the relevant2. Such measures may include the financing of all or part of the rolling stock by the competent authority, an undertaking by the competent authority to bear the related residual value risk, or use of the services of a rolling stock leasing company. Where the competent authority itself decides to acquire the rolling stock used for the execution of the public service contract, it shall market, Member States shall ensure that the residual value risk of the rolling stock is borne by the competent authority in compliance with State aid rules, w it available to the selected public service operator. The public service contract shall lay down the conditions, including the financial terms, under which the rolling stock is to be made available. Where the competent authority decides to grant financing to then operators intending and able to participate in tendering procedures for public service contracts so request in order to be covering all or part of the rolling stock under the public service contract, the compensation shall be calculated as provided for in Article 4(1)(b), Article 6, and, if applicable, to participate in tendering procedures. he Annex. The competent authority may take over the rolling stock, at the end of the contract, at the residual value of the part which it has not financed.
2013/09/23
Committee: TRAN
Amendment 361 #
Proposal for a regulation
Article 1 – point 5
Regulation (EC) No 1370/2007
Article 5 a (new) – paragraph 2 – subparagraph 2 – introductory part
TWhere the competent authority may comply with the requirement set out in the first subparagraphdecides to bear the residual value risk of the rolling stock, it may do so in one of the following ways:
2013/09/23
Committee: TRAN
Amendment 364 #
Proposal for a regulation
Article 1 – point 5
Regulation (EC) No 1370/2007
Article 5 a (new) – paragraph 2 – subparagraph 2 – point a
by acquiring itself the rolling stock used for the execution of the public service contract with a view to making it available to the selected public service operator at market price or as part of the public service contract pursuant to Article 4(1)(b), Article 6 and, if applicable, to the Annex,deleted
2013/09/23
Committee: TRAN
Amendment 368 #
Proposal for a regulation
Article 1 – point 5
Regulation (EC) No 1370/2007
Article 5 a (new) – paragraph 2 – subparagraph 2 – point b
(b) by committing in the public service contract to take over of the rolling stock at the end of the contract at market pricits residual value.
2013/09/23
Committee: TRAN
Amendment 375 #
Proposal for a regulation
Article 1 – point 5
Regulation (EC) No 1370/2007
Article 5 a (new) – paragraph 2 – subparagraph 3
InWhere the cases referred to in points (b) and (c), the competent authorompetent authority decides to bear the residual value risk of the rolling stock, ity shall have the right to require the public service operator to transfer the rolling stock after the expiry of the public service contract to the new operator to whom a contract is awarded. The competent authority may oblige the new public transport operator to take the rolling stock over. The transfer shall be done at market ratesfinancial terms for the takeover of the rolling stock by the new operator shall be laid down in the public service contract pursuant to Article 4(1)(b), Article 6, and, if applicable, the Annex.
2013/09/23
Committee: TRAN
Amendment 378 #
Proposal for a regulation
Article 1 – point 5
Regulation (EC) No 1370/2007
Article 5 a (new) – paragraph 3
3. If the rolling stock is transferred to a new public transport operator the competent authority shall make available in the tender documents detailed information about the cost of maintenance of the rolling stock and about its physical condition.
2013/09/23
Committee: TRAN
Amendment 379 #
Proposal for a regulation
Article 1 – point 5
Regulation (EC) No 1370/2007
Article 5 a (new) – paragraph 3 a (new)
3a. The competent authority may exclude operators in non-Union countries from participating in competitive tendering procedures should those countries fail to open up their tendering procedures, or afford real access to their markets, to companies from Union Member States.
2013/09/23
Committee: TRAN
Amendment 380 #
Proposal for a regulation
Article 1 – point 5
Regulation (EC) No 1370/2007
Article 5 a (new) – paragraph 4
4. By [18 months after the date of entry into force of this Regulation] the Commission shall adopt measures setting out the details of the procedure to be followed for the application of paragraphs 2 and 3 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 9a(2).deleted
2013/09/23
Committee: TRAN
Amendment 387 #
Proposal for a regulation
Article 1 – point 7 – point a
Regulation (EC) No 1370/2007
Article 7 – paragraph 1
1. Each competent authority shall make public once a year an aggregated report on the public service obligations for which it is responsible, the starting date and duration of the public service contracts, the selected public service operators and the compensation payments and exclusive rights granted to the said public service operators by way of reimbursement. The report shall distinguish between bus transport and rail transport, allow the performance, quality and financing of the public transport network to be monitored and assessed and, if appropriate, provide information on the nature and extent of any exclusive rights granted. Member States shall facilitatmay organise central access to these reports, for instance through a common web portal.”
2013/09/23
Committee: TRAN
Amendment 394 #
Proposal for a regulation
Article 1 – point 8 – point a
Regulation (EC) No 1370/2007
Article 8 – paragraph 2 – subparagraph 1
2. Without prejudice to paragraph 3,: (a) the award of public service contracts by rail with the exception of other track-based modes such as metro or tramways shall comply with Article 5(3) as from 3 December 2019. A29; (b) all public service contracts by other track-based modes and by road must have been awarded in compliance with Article 5(3) by 3 December 2019 at the latest. During the transitional period running until 3 December 2019, Member States shall take measures to gradually comply with Article 5(3) in order to avoid serious structural problems in particular relating to transport capacity. Within the six months following the first half of the transitional period, Member States shall provide the Commission with a progress report, focusing on the implementation of any gradual award of public service contracts in accordance with Article 5. On the basis of the Member States’ progress reports, the Commission may propose appropriate measures addressed to Member States.
2013/09/23
Committee: TRAN
Amendment 403 #
Proposal for a regulation
Article 1 – point 8 – point b
Regulation (EC) No 1370/2007
Article 8 – paragraph 2 a (new)
2a. Public service contracts for public passenger transport by rail directly awarded between 1 January4 December 201309 and 2 December 2019 may continue until their expiry date. However they shall, in any event, not continue after 31 December 2022.
2013/09/23
Committee: TRAN
Amendment 414 #
Proposal for a regulation
Article 1 – point 9
Article 9adeleted
2013/09/23
Committee: TRAN
Amendment 416 #
Proposal for a regulation
Article 1 – point 9
Regulation (EC) No 1370/2007
Article 9 a (new)
Article 9adeleted
2013/09/23
Committee: TRAN