Activities of Gilles PARGNEAUX related to 2013/0029(COD)
Plenary speeches (1)
Single European railway area (A8-0371/2016 - David-Maria Sassoli) FR
Amendments (57)
Amendment 42 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) The practical effects of these provisions need to be assessed by checking the quality of the services provided on the basis of specific facts, tendering and use rates, costs and charges.
Amendment 56 #
Proposal for a directive
Recital 6
Recital 6
(6) Except in the case of public-private partnerships and without prejudice to their powers as regards infrastructure planning and financing, Member States should also ensure that all functions necessary to the sustainable operations, maintenance, and development of the rail infrastructure will be managed in a consistent manner by the infrastructure manager itself.
Amendment 61 #
Proposal for a directive
Recital 7
Recital 7
(7) CWithout prejudice to Member States’ powers as regards infrastructure planning and financing, cross-border issues should be addressed efficiently between infrastructure managers of the different Member States through the establishment of a European network of infrastructure managers.
Amendment 68 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to ensure equal access to the infrastructure, any conflicts of interest resulting from integrated structures encompassingbetween infrastructure management and transport activities should be removed. Removing incentives to discriminate against competitors is the only way to guarantee equal access to the railway infrastructure. It is a requirement for the successful opening of the market for domestic passenger transport services by rail. This should also remove the potential for cross-subsidisation, which exists in such integrated structures, and which also leads to market distortions.
Amendment 77 #
Proposal for a directive
Recital 9
Recital 9
(9) The existing requirements for the independence of infrastructure managers from railway transport undertakings, as laid down in Directive 2012/34/EU, only cover the essential functions of the infrastructure manager, which are the decision-making on train path allocation, and the decision-making on infrastructure charging. It is however necessary that all the functions are exercised in an independent way, since other functions may equally be used to discriminate against competitors. This is in particular true for decisions on investments or on maintenance which may be made to favour the parts of the network which are mainly used by the transport operators of the integrated undertaking. Decisions on the planning of maintenance works may influence the availability of train paths for the competitor way that guarantees non-discriminatory access to the network via the introduction of safeguards that are commensurate with the criticality of the functions concerned, since other functions may equally be used to discriminate against competitors. In this way, if the essential functions have to be subject to tough safeguards because the exercise of those functions is vital in order for access to the network to be non- discriminatory, it must be possible to treat other functions (rail traffic, network maintenance, renewal and development), which have to be covered by a unified infrastructure manager, differently, since they are less vital in terms of ensuring that access to the network is non- discriminatory; as they are central to the integrated operation of the transport system (in line with the specific nature of the rail system referred to above) and therefore need close links with railway undertakings; and given the decisive role that states play as regards the choice of investments.
Amendment 83 #
Proposal for a directive
Recital 10
Recital 10
(10) The existing requirements of Directive 2012/34/EU only include legal, organisational and decision-making independence. This does not entirely exclude the possibility of maintaining or setting up an integrated undertaking, as long as these three categories of independence are ensured. Concerning theAs far as the independence of decision-making independences concerned it must be ensured that the appropriate safeguards exclude control ofprevent an integrated undertaking from being able to exercise exclusive control over the decision-making of an infrastructure manager. However, even the full application of such safeguards does not completely remove all the possibilities for discriminatory behaviour towards competitors which exist in the presence of a vertically integrated where such control gives rise to discriminatory practices being used against competing railway undertakings. In particular, the potential for cross- subsidisation still exists in integrated structures, or at least it is very difficult for regulatory bodies to control and enforce safAnother way of helping to ensure non-discrimination would be to draw up a set of relevant rules to prevent any problems as reguards which are established to prevent such cross-subsidisation. An institutional separation ofthe financing of the activities of the infrastructure managementr and transport operation is the most effective measure to solve these problemshe rail operator respectively.
Amendment 94 #
Proposal for a directive
Recital 11
Recital 11
(11) Member States should therefore be required to ensure that the same legal or natural person or persons are not entitled to exercise exclusive control over an infrastructure manager and, at the same time, exercise control or any right over a railway undertaking over a railway undertaking at the same time, where the effect of such would be to favour that undertaking or discriminate against its competitors. Conversely, control over a railway undertaking should preclude the possibility of exercising exclusive control over any right over an infrastructure manager. infrastructure manager, where discriminatory practices result from such control. The purpose or effects of measures relating to the institutional separation of infrastructure management and the transport operations should, in any event, be without prejudice to the provisions of Article 345 of the Treaty on the Functioning of the European Union, particularly where public undertakings are concerned.
Amendment 101 #
Proposal for a directive
Recital 12
Recital 12
(12) Where Member States still maintain anthe infrastructure manager which is part ofbelongs to a vertically integrated undertaking, they Member States concerned should at least introduce strict safeguards to guarantee effective independence of the entire infrastructure manthat the infrastructure manager operates so as to ensure non- discriminatory treatment among the legal entities of the integrated undertaking engagerd in relation to the integratedactivities in railway transport markets and any other railway undertaking. These safeguards should not only concern the corporate organisation of the infrastructure manager in relation to the integrated undertaking, but also the management structure of the infrastructure manager, and, as far as possible within an integrated structure, prevent financial transfers betweenfrom the infrastructure manager andto the other legal entities of the integrated undertaking engaged in activities in railway transport markets and to any other railway undertaking. These safeguards do not only correspond to what is necessary to fulfil the existing requirements of decision-making independence of the essential functions under Directive 2012/34/EU, in terms of management independence of the infrastructure manager, but go beyond those requirements by adding clauses to exclude that incomes of the infrastructure manager may be used to fund the other entities within the vertically integrated undertaking engaged in activities in railway transport markets. This should apply independently of the application of fiscal legislation of Member States and without prejudice to EUuropean Union state aid rules.
Amendment 105 #
Proposal for a directive
Recital 13
Recital 13
Amendment 143 #
Proposal for a directive
Recital 20
Recital 20
Amendment 160 #
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 2012/34/EU
Article 3 – point 2
Article 3 – point 2
(2) ‘infrastructure manager’ means any body or firm ensuring the development, operation and maintenance of railway infrastructure on a network; development includes network planning, financial and investment planning as well as building and upgrades of the infrastructure; operation of the infrastructure includes all elements of the process of train path alloc, without prejudice to Member States’ powers, in particular as regards infrastructure planning and financing, as well as nation,al including both the definition and the assessment of availability and the allocation of individual paths, traffic management and infrastructure charging, including determinafrastructure maintenance and development in accordance with Article 8(1) and financing for new investment in accordance with Article 8(2); operation of the infrastructure includes the essential functions and collection of the chargestraffic management; maintenance includes infrastructure renewals and the other asset management activities’;
Amendment 164 #
Proposal for a directive
Article 1 – point 1 – point a a (new)
Article 1 – point 1 – point a a (new)
Directive 2012/34/EU
Article 3 – point 2a (new)
Article 3 – point 2a (new)
(aa) the following point 2a is inserted: ‘(2a) “essential functions” means all elements of the process of train path allocation, including both the definition and the assessment of availability and the allocation of individual paths, and infrastructure charging, including determination and collection of the charges;’
Amendment 182 #
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 2012/34/EU
Article 3 – point 31 – sub-point 1 a (new)
Article 3 – point 31 – sub-point 1 a (new)
The fact of one undertaking owning another within a vertically integrated undertaking can be characterised by relationship or link of any kind in fact or in law conferring rights equivalent to property rights. Vertically integrated undertakings that cumulatively fulfil the conditions below shall not be subject to the obligations set out in Articles 7a and 7b: (a) they exercise some or all of the infrastructure management functions defined in Article 3(2); (b) they exercise those functions under contracts awarded by Member States or infrastructure managers in compliance with EU law on the award of public contracts and concessions; and (c) they belong to a holding which owns, directly or indirectly, one or more undertakings engaged in activities in railway transport services markets; and (d) the operations of the undertaking(s) engaged in activities in the railway transport services markets represents a minor proportion of the holding’s operations.
Amendment 201 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2012/34/EU
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Without prejudice to their planning and infrastructure financing capabilities, the Member States shall ensure that the infrastructure manager performs all the functions referred to in Article 3(2) and is independent from any railway undertaking. To guarantee the independence of the infrastructure manager, Member States shall ensure that infrastructure managers are organised in an entity that is legally distinct from any railway undertaking. The provisions of Article 7(1) and (2) do not apply to undertakings which carry out some or all of the infrastructure management functions set out in Article 3(2) in a given railway infrastructure and, where relevant, a railway transport service activity in the same infrastructure, on the basis of PPP contracts awarded by the Member States or infrastructure managers in compliance with EU legislation on public procurement and concessions.
Amendment 211 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2012/34/EU
Article 7 – paragraph 2 – introductory sentence
Article 7 – paragraph 2 – introductory sentence
Member States shall also ensure the same legal or natural person or persons are not allowedat:
Amendment 213 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2012/34/EU
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) to directly or indirectly exercise control in the sense of Council Regulation (EC) No 139/2004,he same natural or legal person is not authorised to hold any financial interest in or exercise any right over a railway undertaking and over an infrastructure manager at the same time;
Amendment 216 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
(b) to appointhe same legal person is not authorised to appoint more than two-thirds of members of the supervisory board, or the administrative board or bodies legally representingf an infrastructure manager, and at the same time to directly or indirectly exercise control, hold any financial interest in or exercise any exclusive right over a railway undertaking;
Amendment 220 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
(c) the same natural person is not authorised to be a member of the supervisory board, or the administrative board or bodies legally representing the undertaking, of both a railway undertaking and an infrastructure manager;
Amendment 223 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2012/34/EU
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
d) the same natural or legal person is not authorised to manage the rail infrastructure or be part of the management of the infrastructure manager, and at the same time to directly or indirectly exercise control, hold any financial interest in or exercise any rightexercise exclusive control over a railway undertaking, or to manage the railway undertaking or be part of its management, and at the same time to directly or indirectly exercise control, hold any interest in or exercise any rightexercise exclusive control over an infrastructure manager.
Amendment 226 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2012/34/EU
Article 7 – paragraph 3
Article 7 – paragraph 3
3. For the implementation of this Article,Paragraph 2 does not apply (a) where the person referred to in paragraph 2 is a Member State or another public body, two public authorities which are separate and legally distinct from each other and which are exercising control or other rights mentioned in paragraph 2 over the infrastructure manager, on the one hand, and the railway undertaking, on the other hand, shall be deemed not to be the same person or persons. ; (b) where the person referred to is an undertaking as defined in the third subparagraph of Article 3(31).
Amendment 229 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2012/34/EU
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Provided that no conflict of interest arises and that confidentiality of commercially sensitive information is guaranteed, the infrastructure manager may subcontractWhere the infrastructure manager intends to subcontract to railway undertakings or any other entity acting under the control of a railway undertaking, it will ensure compliance with the following conditions: (a) the work in question shall be specific development, renewal and maintenance works, over which ithe infrastructure manager shall keep the decision-making power, to railway undertakingwithout prejudice to the competences orf to any other body acthe Member States in terms of planning uander infrastructure financing; (b) there supervision of the infrastructure managerhall be no conflict of interests; (c) The confidentiality of commercially- sensitive information shall be preserved.
Amendment 240 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2012/34/EU
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Where on the date of entry into force of this Directive, the infrastructure manager belongs to a vertically integrated undertaking, Member States may decide not to apply paragraphs 2 to 43 of this Article. In such cases, the Member State concerned shall ensure that the infrastructure manager performs all the functions referred to in Article 3(2) and has effective organisational and decision- making independence from any railway undertaking in accordance with the requirements set in Articles 7a to 7cb.’
Amendment 259 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 a – paragraph 1
Article 7 a – paragraph 1
1. Member States shall ensure that the infrastructure manager shall be organised in a body which is legally distinct from any railway undertaking or holding company controlling such undertakings and from any other legal entities active in the rail transport service markets within a vertically integrated undertaking.
Amendment 268 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
3. The infrastructure manager’s incomes may not be used in order to finance other legal entities within the vertically integrated undertaking which are active in the rail transport service markets but only in order to finance the business of the infrastructure manager and to pay reasonable dividends to the ultimate owner of the vertically integrated company. The infrastructure manager may not grant loans to any other legal entities within the vertically integrated undertaking, and no other legal entity within the vertically integrated undertaking may grant loans to the infrastructure manager. Any services offered by other legal entities to the infrastructure manager shall be based on contracts and be paid at market prices. The debt attributed to the infrastructure manager shall be clearly separated from the debt attributed to other legal entities within the vertically integrated undertaking, and these debts shall be serviced separately. The accounts of the infrastructure manager and of the other legal entities within the vertically integrated undertaking shall be kept in a way that ensures the fulfilment of these provisions and allows for separate financial circuits for the infrastructure manager and for the other legal entities within the vertically integrated undertaking.
Amendment 279 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 a – paragraph 5
Article 7 a – paragraph 5
5. Any services offered by other legal entities to the infrastructure manager shall be based on contracts and be paid at market prices. The infrastructure manager shall keep detailed records of anythese commercial and financial relations with the other legal entities within the vertically integrated undertaking and make them available to the regulatory body upon request, in accordance with Article 56(12).
Amendment 291 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 b – paragraph 1
Article 7 b – paragraph 1
1. Without prejudice to the decisions of the regulatory body under Article 56, the infrastructure manager shall have effective decision-making powers, independent from the other legal entities within the vertically integrated undertaking which are active in the rail transport service markets, with respect to all thethe essential functions referred to in Article 3(2)(a). The overall management structure and the corporate statutes of the infrastructure manager shall ensure that none of the other legal entities within the vertically integrated undertaking shall determine, directly or indirectly, the behaviourwhich are active in the rail transport service markets shall have exclusive control over the decisions of the infrastructure manager in relation to these functions.
Amendment 296 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 b – paragraph 2
Article 7 b – paragraph 2
2. The members of the management board and senior staff membersor of the executive board of the infrastructure manager shall not be in the supervisory or management boards or be senior staff memberthe executive boards of any other legal entities active in the rail transport service markets within the vertically integrated undertaking.
Amendment 300 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 b – paragraph 2 – subparagraph 1
Article 7 b – paragraph 2 – subparagraph 1
The members of the supervisory or management boards and senior staff memberor of the executive boards of the other legal entities active in the rail transport service markets within the vertically integrated undertaking shall not be in the management board or be senior staff membersthe executive board of the infrastructure manager.
Amendment 309 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 b – paragraph 3 – subparagraph 1
Article 7 b – paragraph 3 – subparagraph 1
The infrastructure manager shall have a Smanagement board or, if it has an executive board, a supervisory Bboard which is composed of. The management board or the supervisory board shall comprise representatives of the ultimate owners of the vertically integrated undertaking or individuals appointed by the Member State and may also include representatives of the staff of the infrastructure manager.
Amendment 313 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 b – paragraph 3 – subparagraph 2
Article 7 b – paragraph 3 – subparagraph 2
The Supervisory Bmanagement board or the executive board may consult the Coordination Committee referred to under Article 7d on issues under itsthe competence of the latter.
Amendment 315 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 b – paragraph 3– subparagraph 3
Article 7 b – paragraph 3– subparagraph 3
Decisions regarding the appointment and renewal, working conditions including remuneration, and termination of the office of the management board memberspresident of the management board or the executive board of the infrastructure manager shall be taken by the Ssupervisory Bboard or by the ultimate owner. The identity and the conditions governing the duration and the termination of office of the persons nominated by the Ssupervisory Bboard or by the ultimate owner for appointment or renewal as memberspresident of the management board or the executive board of the infrastructure manager, and the reasons for any proposed decision terminating the office, shall be notified to the regulatory body referred to in Article 55. Those conditions and the decisions referred toe regulatory body may object to such decisions only inf this paragraph shall become binding onlye professional independence vis-à-vis all legal entities active ifn the regulatory body has expressly approved them. The regulatory body may object to such decisions where doubts arise as to the professional independence of a person nominated for the management boardail transport services markets of the person nominated to preside over the management board or the executive board of the infrastructure manager could not be guaranteed, or inf the case of premature termination of office of a member of the management board of the infrastructure managerthe president’s office was motivated for reasons of professional independence vis- à-vis all legal entities active in the rail transport service markets.
Amendment 317 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 b – paragraph 3 – subparagraph 4
Article 7 b – paragraph 3 – subparagraph 4
Amendment 323 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
4. For a period of three years after leaving the infrastructure manager,A committee on professional ethics shall issue a reasoned opinion in cases where a members of the Supervisory Board or management board and senior staff members of the infrastructure manager shall not be entitled to hold any senior positionmanagement board or board of directors of the infrastructure manager who is responsible for the essential functions listed in Article 3(2a) plans to take up a post with any other legal entitiesy within the vertically integrated undertaking. For a period of three years after leaving those other legal entities within the vertically integrated undertaking, their supervisory or management boards' members and senior staff members shall not be entitled engaged in activities in railway transport services markets or with any firm engaged in activities in railway transport services markets. Where no such committee on professional ethics exists, members of the management board or board of directors of the infrastructure manager with responsibility for the essential functions listed in Article 3(2) shall not be entitled, for a period of three years after leaving the infrastructure manager, to hold any senior position with othe infrastructure managerr legal entities within the vertically integrated undertaking engaged in activities in railway transport services markets or with any firm engaged in activities in railway transport services markets.
Amendment 332 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 b – paragraph 5
Article 7 b – paragraph 5
5. Ta) Member States shall ensure that employees of the infrastructure manager shall have itsdo not carry own staff and be located in separate premises from the any activity for another legal entitiesy within the vertically integrated undertaking. Access to information systems shall be protected to ensure the independence of the infrastructure manager. Internal rules or staff contracts shall clearly limit contacts with engaged in activities in railway transport services markets, or in any other firm engaged in activities in railway transport services markets. b) with the exception of premises occupied by staff responsible for rail traffic management, which can be used by the representatives of each railway undertaking that so requests, the premises of the infrastructure manager needed for performing the other infrastructure management tasks defined in Article 3(2) shall be separate from those of the other legal entities within the vertically integrated undertaking to official communications connected with the exerciengaged in activities in railway transport services markets and those of any other functions of theirm engaged in activities inf rastructure manager which are also exercised in relation to other railway undertakings outside the vertically integrated undertaking. Transfers of staff other than those referilway transport services markets. c) Access to the information systems of the services responsible for performing the essential functions listed in Article 3(2a) shall be protected in a proportionate manner to ensure the independence of the infrastructure manager. (d) Member States shall take the appropriate measureds to under point (c) betweenensure that penalties are imposed for any disclosure of sensitive information by employees or former employees of the infrastructure manager and the which benefits another legal entitiesy within the vertically integrated undertaking shall only be possible if it can be ensured that sensitive information will not be passed on between them. engaged in activities in railway transport services markets or any other firm engaged in activities in railway transport services markets.
Amendment 339 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 b – paragraph 6
Article 7 b – paragraph 6
6. The infrastructure manager shall have the necessary organisational capacity to perform all of its functions independently from the other legal entities within the vertically integrated undertaking engaged in activities in railway transport services markets and from any other firm engaged in activities in railway transport services markets, and shall not be allowed to delegate to these legal entities the operation of these functions or any activities related to them.
Amendment 350 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 c
Article 7 c
Amendment 359 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 c – paragraph 1
Article 7 c – paragraph 1
Amendment 366 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 c – paragraph 2
Article 7 c – paragraph 2
Amendment 371 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 c – paragraph 3
Article 7 c – paragraph 3
Amendment 378 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 c – paragraph 4
Article 7 c – paragraph 4
Amendment 381 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 c – paragraph 5
Article 7 c – paragraph 5
Amendment 384 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 d – paragraph 1
Article 7 d – paragraph 1
1. Member States shall ensure thatset up, or task the infrastructure managers to set up, and organise Coordination Committees for each networkrailway network or group of networks. Membership of this committee shall be open at least to the infrastructure manager, the Member State representatives, known applicants in the sense of Article 8(3), the representatives of the competent authorities and, upon their request, potential applicants, their representative organisations, representatives of users of the rail freight and passenger transport services and, where relevant, regional and local authorities. Member State rRepresentatives andof the regulatory body concerned shall be invited to the meetings of the Coordination Committee as observers. Member States may provide for the participation of railway workers’ representatives.
Amendment 393 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 d – paragraph 2 – subparagraph 1 – introductory sentence
Article 7 d – paragraph 2 – subparagraph 1 – introductory sentence
Amendment 394 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 d – paragraph 2 – subparagraph 1 – point (c)
Article 7 d – paragraph 2 – subparagraph 1 – point (c)
Amendment 395 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 d – paragraph 2 – subparagraph 1 – point (d)
Article 7 d – paragraph 2 – subparagraph 1 – point (d)
Amendment 401 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
The Coordination Committee shall immediately inform the Member State of its proposals. Subject to compliance with the principle of industrial and commercial secrecy, and provided that its requests are reasonable, the Coordination Committee shall have the power to request relevant information from the infrastructure manager on points (a) to (ge) in order to be able to carry out these tasks.
Amendment 403 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 d – paragraph 2 a (new)
Article 7 d – paragraph 2 a (new)
2a. Without prejudice to the provisions of Article 56(1) and (9), Member States may decide to confer on the Coordination Committee the tasks of monitoring the functioning of the rail sector, conciliation and the settlement of disputes referred to it by rail sector undertakings.
Amendment 404 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 d – paragraph 3
Article 7 d – paragraph 3
3. The Coordination Committee shall draw up rules of procedure that include, in particular, rules on participation in and frequency of meetings which shall be at least quarterlyannual. A report of the Coordination Committee’s discussions shall be submitted annually to the infrastructure manager, the Member State, and the regulatory body concerned and the Commission with an indication of the respective positions taken by the Committee members.
Amendment 414 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 e – paragraph 1 – subparagraph 1
Article 7 e – paragraph 1 – subparagraph 1
Member States shall ensure that infrastructure managers participate and cooperate in a network to develop the Union rail infrastructure, in particular to ensure timely and efficient implementation ofkeeping with the trans-European transport network, including the core network corridors, rail freight corridors according to Regulation (EU) No 913/2010 and the European Rail Traffic Management System (ERTMS) deployment plan laid down in Decision 2012/88/EUil transport guidelines laid down by each Member State.
Amendment 423 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 e – paragraph 1 – subparagraph 2
Article 7 e – paragraph 1 – subparagraph 2
Amendment 435 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 e – paragraph 3
Article 7 e – paragraph 3
Amendment 450 #
Proposal for a directive
Article 1 – point 6 – point a
Article 1 – point 6 – point a
Directive 2012/34/EU
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States may limit the right of access provided for in Article 10(2) to passenger services between a given place of departure and a given destination when one or more public service contracts cover the same route or an alternative route if the exercise of this right would compromise the economic equilibrium of the public service contract or contracts in question. Where a public service contract is awarded in accordance with Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road, the competent authorities may limit the right of access provided for in Article 10(2) of this Directive for the duration of the public service contract in question between a place of departure and a destination which are covered by the public service contract. The information on the basis of which the right of access will be limited shall be made public when the publication provided for in Article 7(2) takes place. The limitations referred to in this paragraph shall not have the effect of restricting the right to take on passengers at a station situated on the route of an international service and to set them down at another, including at stations located in the same Member State, unless the exercise of that right is likely to compromise the economic equilibrium of the public service contract in question.
Amendment 458 #
Proposal for a directive
Article 1 – point 6 – point b
Article 1 – point 6 – point b
Directive 2012/34/EU
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
Amendment 478 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2012/34/EU
Article 13 a – paragraph 1
Article 13 a – paragraph 1
1. Without prejudice to Regulation (EC) No 1371/2007 and Directive 2010/40/EU, Member States may require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets, through- tickets and reservations or decide to give the power to competent authorities to establish such a scheme. If such a scheme is established, Member States shall ensure that it does not create market distortion or discriminate between railway undertakings and that it is managed by a public orlegal entity, a private legal entity or an association of all railway undertakings operating passenger services.
Amendment 509 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2012/34/EU
Article 38 – paragraph 4
Article 38 – paragraph 4
4. Where an applicant intends to request infrastructure capacity with a view to operating a passenger service, it shall inform the infrastructure managers and the regulatory bodiesy concerned no less than 18 months before the entry into force of the working timetable to which the request for capacity relates, providing all information necessary for the application to be considered. In order to enable regulatory bodiesy concerned to assess the potential economic impact on existing public service contracts, regulatory bodiesit shall ensure that any competent authority that has awarded a rail passenger service on that route defined in a public service contract, any other interested competent authority with the right to limit access under Article 11 and any railway undertaking performing the public service contract on the route of that passenger service is informed without undue delay and at the latest within five days.
Amendment 562 #
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 2012/34/EU
Article 63 – paragraph 1 – subparagraph 2
Article 63 – paragraph 1 – subparagraph 2
Amendment 566 #
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by [1842 months after entry into force] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall communicate to the Commission the text of those provisions immediately.