21 Amendments of Marta ANDREASEN related to 2013/0014(COD)
Amendment 26 #
Proposal for a regulation
Recital 4
Recital 4
(4) The Fourth Railway Package proposes important changes to improve the functioning of the Single European railway area through amendments by way of recast to Directive 2004/49/EC and Directive 2008/57/EC, both directly linked to the tasks of the Agency. Those Directives, together with this Regulation, provide in particular for performing tasks related to issuing vehicle authorisations and safety certificates at the Union level. It implies a greatergives an overriding role tof the Agency.
Amendment 27 #
Proposal for a regulation
Recital 5
Recital 5
(5) The Agencyintention of the Agency is threefold. Firstly it should contribute to the creation and effective functioning of a Single European railway area without frontiers an. Secondly it should guaranteeing a high level of safety while. Thirdly it should improvinge the competitive position of the railway sector. That should be attained by contributing, on technical matters, toe intention is that the implementation of European Union legislation by enhancthrough the Agency should attaing the level of interoperability of railway systems and to developing a common approach to safety on the European railway system. The Agency should also perform the role of European authority responsible for issuing authorisations for placing on the market for railway vehicles and for types ofse objectives by technical contribution to the development of a common approach to safety on the European railway system and enhanced interoperability between individual systems. It is also intended that the Agency assume responsibility for type approval of railway vehicles and approval of individual vehicles, safety certificates forion of railway undertakings and authorisations for placing in servicethe introduction of trackside control- command and signalling sub-systems. Moreover, it should monitor national railway rulesegulation and the performance of national authorities acting in the railwayin the areas of interoperability and safety fields.
Amendment 28 #
Proposal for a regulation
Recital 6
Recital 6
(6) In pursuing its objectives, the Agency should take full account of the process of enlargement of the Union and of the specific constraints relating to rail links with third countries. The Agency should have sole responsibility for the functions and powers assigned to it.
Amendment 29 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The Agency should have sole responsibility for the functions and powers assigned to it.
Amendment 30 #
Proposal for a regulation
Recital 11
Recital 11
(11) Currently Directive 2008/57/EC provides, in the case of rail vehicles, an authorisation of placing in service in each Member State, except in specific cases. The Task Force on vehicle authorisation set up by the Commission in 2011 discussed several cases where manufacturers and railway undertakings have suffered from excessive duration and cost of the authorisation process and proposed a number of improvements. As some problems are due to the complexity of the current vehicle authorisation process, it should be simplified. Each rail vehicle should only receive one authorisation and this authorisation for placing on the market for vehicles and for types of vehicles should be issued by the Agency. This would bring tangible benefits for the sector byEach rail vehicle should only receive one type approval and market authorisation, to be issued by the Agency. This is intended to reducinge the costsduration and timecost of the procedure, and would diminish the risk of potential discrimination, especially of new companies wishing to enter a railway marketagainst new market entrants. The revised Directive … [Railway Interoperability] provides a basis for this.
Amendment 31 #
Proposal for a regulation
Recital 14
Recital 14
(14) Competent national authorities have been normally charging for issuingreceived fee income for the issue of vehicle authorisations and safety certificates. With the transfer competence to theof these powers to Union level, the Agency should in turn be entitled to charge the applicants for issuingthe issue of the certificates and authorisations mentioned in the preceding recitals. The, at a level of those charges should be equal to orfee lower than the current average in the Union and should, to be determined in a delegated act to be adopted by the Commission.
Amendment 32 #
Proposal for a regulation
Recital 15
Recital 15
(15) It is a general objective that theAny transfer of functions and tasks from the Member States to the Agency should be done efficiently, withoutnot result in any reduction in the current high levels of safety. The Agency should have sufficient resources for its new tasks, and the timing of the allocation of these resources should be based on clearly defined needs. Taking into account the know-how of national authorities, in particular the National Safety Authorities, the Agency should be allowed to make appropriate use of that expertise when granting the relevant authorisations and certificates. To this end, secondment of national experts to the Agency should be encouragedbe able to draw on the technical expertise of national authorities, in particular the National Safety Authorities, when granting the relevant authorisations and certificates.
Amendment 33 #
Proposal for a regulation
Recital 18
Recital 18
(18) In the field of safety, it is important to ensure the greatest possible transparency and an effective flow of information. An analysis of performance, based on common indicators and linking all parties in the sector, is important and should be carried out. As regards statistics, close collaboration with Eurostat is necessarya standardised approach is important, and Eurostat should be required to provide this expertise.
Amendment 34 #
Proposal for a regulation
Recital 21
Recital 21
(21) Rolling stock maintenance is an important part of the safety system. There has been noThe lack of a genuine European market for the maintenance of rail equipment owing to the lackolling stock resulting from the absence of a system for certification of maintenance workshops. This situation has been addings to the costs for the sector and results in journeys without loads. A European certification system for maintenance workshops should therefore gradually be developed and updated, with t. The Agency beingis the most appropriate body to propose adequate solutions to the Commission.
Amendment 35 #
Proposal for a regulation
Recital 24
Recital 24
(24) In order to ensure the greatest possible transparency and equal access for all parties to relevant information, tThe documents envisaged for the railway interoperability and safety processes should be accessible to the public. The same applies toin the public domain, as should licences, safety certificates and other relevant railway documents. The Agency should provide an efficient means of exchanging and publishingready access to this information.
Amendment 36 #
Proposal for a regulation
Recital 27
Recital 27
(27) Railway interoperability and safety legislation, implementation guides or recommendations of the Agency may sometimes pose interpretation and other pThe Agency should have an active informative and educational roblems to the stakeholders. Proper and uniform understanding of those acts is a precondition for effective implementation of the railway acquis and the functioning of the railway market. Therefore, the Agency should actively engage in training and explanatory activities in that regard in the area of railway interoperability, safety legislation, guidelines on the implementation of its powers, the functioning of the railway market and other railway related matters connected to its remit.
Amendment 37 #
Proposal for a regulation
Recital 28
Recital 28
(28) In order to perform its tasks properly, the Agency should have legal personality and an autonomous budget funded mainly through a contribution by the Union and through fees and charges paid by applicants. In order to ensure independence in its daily management and in the opinions, recommendations and decisions which it issues, the Agency’s organisation should be transparent, thefees and charges paid by applicants. The Agency should have a transparent organisation structure, and be under the control of an Executive Director should havewith full responsibility. The Agency’s staff should be independent and should represent an appropriate balance of short- term secondments and long-term contracts, in order to maintain its organisational knowledge and business continuity while keeping necessary and on-goingup an exchange of expertise with the railway sector.
Amendment 38 #
Proposal for a regulation
Recital 29
Recital 29
(29) In order to ensure effectively the accomplishment of the functions of the Agency, tThe 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.
Amendment 39 #
Proposal for a regulation
Recital 30
Recital 30
(30) In order to guarantee the transparency of the Management Board’s decisions, rRepresentatives of the sectors concerned should attend itsthe meetings of the Management Board, but without the right to vote, that right being reserved for the representatives of public authorities who are accountable to the democratic control authorities. The representatives of the sector should be appointed by the Commission on the basis of their representativeness at Union level of railway undertakings, infrastructure managers, railway industry, workers unions, passengers and freight customers.
Amendment 40 #
Proposal for a regulation
Recital 30
Recital 30
(30) In order to guarantee the transparency of the Management Board’s decisions, rRepresentatives of the sectors concgoverned by the Agency should attend its meetings, but without the right to vote, that right beingwhich is reserved for the representatives of public authorities who are accountable to the democratic control authorities. The representatives of the sector should be appointed by the CommissionMember States on the basis of their representativeness at Union level of railway undertakings, infrastructure managers, railway industry, workers unions, passengers and freight customers.
Amendment 41 #
Proposal for a regulation
Recital 32
Recital 32
(32) It is necessary to ensuren order that parties affected by decisions made by the Agency enjoy the necessary remedies in an independent and impartial manner. An appropriate appeal mechanism should be set up so thathave access to an independent and impartial appeal mechanism, decisions of the Executive Director can be subject to appeal to a specialised Board of Appeal, whose decisions are, in turn, open to action before the Court of Justice.
Amendment 42 #
Proposal for a regulation
Recital 33
Recital 33
(33) A broader strategic perspective in relation to the activities of the Agency would help to plan and manage its resources more effectively and would contribute to higher quality of its outputs. Therefore, a multi-annual work programme should be adopted and updated regularly by the Management Board, after proper consultation of the relevant stakeholders.
Amendment 43 #
Proposal for a regulation
Recital 36
Recital 36
(36) Since the objectives of the action proposed, namely to establish a specialised body to formulate common solutions on matters concerning railway safety and interoperability, cannot be sufficiently achieved by the Member States by reason of the joint nature of the work to be done, and can therefore be better achieved at Union level, tThe Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives,
Amendment 44 #
Proposal for a regulation
Recital 37
Recital 37
(37) In order to properly determine the level of fees and charges which the Agency is entitled to levy, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of articles dealing with issuing and renewal of authorisations for placing in service of trackside control- command and signalling subsystems, authorisations for placing on the market for vehicles and for types of vehicles, and safety certificates. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Councitype approval and market authorisation for vehicles, and safety certificates, with the Commission having due regard for appropriate consultations during its preparatory work, including at expert level.
Amendment 45 #
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 51 #
Proposal for a regulation
Article 58 – paragraph 2 – point c
Article 58 – paragraph 2 – point c
(c) the fees paid by applicants for, and holders of, certificates and authorisations issued by the Agency in accordance with Articles 12, 16, 17 and 18; the fees should initially be set at rates no higher than the average charged across the Member States, and should be adjusted annually in line with inflation.