Activities of Ramon TREMOSA i BALCELLS related to 2010/0253(COD)
Plenary speeches (3)
Single European railway area (debate)
Single European railway area (A7-0367/2011 - Debora Serracchiani) (vote)
Single European railway area (debate)
Shadow reports (2)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council establishing a single European railway area (recast) PDF (367 KB) DOC (527 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council establishing a single European railway area (recast) PDF (615 KB) DOC (955 KB)
Amendments (90)
Amendment 134 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) The Directives which consists the First Railway Package have not prevented a considerable variation in the structure and level of railway infrastructure and energy charges and the form and duration of capacity allocation processes.
Amendment 134 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) The Directives which consists the First Railway Package have not prevented a considerable variation in the structure and level of railway infrastructure and energy charges and the form and duration of capacity allocation processes.
Amendment 135 #
Proposal for a directive
Recital 2 b (new)
Recital 2 b (new)
(2b) In order to ensure effective and non- discriminatory access to rail infrastructure while encouraging investment and efficiency in the cost of service provision, the European Parliament asks the Commission to propose new legislation taking into account the ruling of the European Court of Justice on the infringement procedures, no later than six months after that ruling. These rules should also aim at ensuring that there is no undue cross- subsidization from infrastructure to operation activities.
Amendment 135 #
Proposal for a directive
Recital 2 b (new)
Recital 2 b (new)
(2b) In order to ensure effective and non- discriminatory access to rail infrastructure while encouraging investment and efficiency in the cost of service provision, the European Parliament asks the Commission to propose new legislation taking into account the ruling of the European Court of Justice on the infringement procedures, no later than six months after that ruling. These rules should also aim at ensuring that there is no undue cross- subsidization from infrastructure to operation activities.
Amendment 157 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The strict separation of accounts between infrastructure manager and railway undertaking must be ensured. Public funds allocated to one of the fields of activity shall not be transferred to another field of activity. This prohibition must be clearly displayed in the accounting rules of each field of activity. The Member State and the national regulatory body shall ensure the effective application of this prohibition.
Amendment 157 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The strict separation of accounts between infrastructure manager and railway undertaking must be ensured. Public funds allocated to one of the fields of activity shall not be transferred to another field of activity. This prohibition must be clearly displayed in the accounting rules of each field of activity. The Member State and the national regulatory body shall ensure the effective application of this prohibition.
Amendment 170 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) The EU should explore alternative sources of funding European rail projects through innovative financial instruments, such as EU project bonds, to encourage private investment and to improve access to venture capital. By the same token, the railway market must be made attractive to alternative, private investors via clear, transparent legal frameworks.
Amendment 170 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) The EU should explore alternative sources of funding European rail projects through innovative financial instruments, such as EU project bonds, to encourage private investment and to improve access to venture capital. By the same token, the railway market must be made attractive to alternative, private investors via clear, transparent legal frameworks.
Amendment 174 #
Proposal for a directive
Recital 11
Recital 11
(11) An efficient freight sector, especially across borders and in particular in the cases where different track gauges still represent a physical barrier to competition, requires urgent action to open up the market.
Amendment 174 #
Proposal for a directive
Recital 11
Recital 11
(11) An efficient freight sector, especially across borders and in particular in the cases where different track gauges still represent a physical barrier to competition, requires urgent action to open up the market.
Amendment 180 #
Proposal for a directive
Recital 13
Recital 13
Amendment 180 #
Proposal for a directive
Recital 13
Recital 13
Amendment 182 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to further develop the efficiency of rail passenger markets the European Parliament asks the European Commission , no later than the end of 2012, to propose legislation concerning the liberalisation of domestic passenger markets while guaranteeing the financial equilibrium of public service contracts.
Amendment 182 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to further develop the efficiency of rail passenger markets the European Parliament asks the European Commission , no later than the end of 2012, to propose legislation concerning the liberalisation of domestic passenger markets while guaranteeing the financial equilibrium of public service contracts.
Amendment 183 #
Proposal for a directive
Recital 14
Recital 14
Amendment 183 #
Proposal for a directive
Recital 14
Recital 14
Amendment 186 #
Proposal for a directive
Recital 15
Recital 15
Amendment 186 #
Proposal for a directive
Recital 15
Recital 15
Amendment 188 #
Proposal for a directive
Recital 16
Recital 16
(16) Opening up international passenger services to competition may have implications for the organisation and financing of rail passenger services provided under a public service contract. Member States should have the option of limiting the right of access to the market where this right would compromise the economic equilibrium of these public service contracts and where approval is given by the relevant regulatory body referred to in Article 55 of this Directive on the basis of an objective economic analysis, following a request from the competent authorities that awarded the public service contract. __________________ 12. OJ L 315, 3.12.2007, p. 1.
Amendment 188 #
Proposal for a directive
Recital 16
Recital 16
(16) Opening up international passenger services to competition may have implications for the organisation and financing of rail passenger services provided under a public service contract. Member States should have the option of limiting the right of access to the market where this right would compromise the economic equilibrium of these public service contracts and where approval is given by the relevant regulatory body referred to in Article 55 of this Directive on the basis of an objective economic analysis, following a request from the competent authorities that awarded the public service contract. __________________ 12. OJ L 315, 3.12.2007, p. 1.
Amendment 194 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) The national regulatory body must be fully independent in its organisation, funding decisions, legal structure and decision-making from any infrastructure manager, charging body, allocation body or applicant. The national regulatory body has to have the necessary administrative capacity in terms of staff and resources to ensure an open and transparent railway market. The required level of staff should be directly linked to the market needs and vary accordingly. It shall be required to take a decision on any complaints, act on its own initiative, investigate in cases of dispute and monitor the development of the market. It should be supported by a regulatory department of the European Commission. Furthermore the national regulatory body shall maintain a database accessible to the European Commission of their draft decisions.
Amendment 194 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) The national regulatory body must be fully independent in its organisation, funding decisions, legal structure and decision-making from any infrastructure manager, charging body, allocation body or applicant. The national regulatory body has to have the necessary administrative capacity in terms of staff and resources to ensure an open and transparent railway market. The required level of staff should be directly linked to the market needs and vary accordingly. It shall be required to take a decision on any complaints, act on its own initiative, investigate in cases of dispute and monitor the development of the market. It should be supported by a regulatory department of the European Commission. Furthermore the national regulatory body shall maintain a database accessible to the European Commission of their draft decisions.
Amendment 202 #
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) The European Parliament asks the European Commission, based on the experience of the network of regulatory bodies, to propose no later than the end of 2012, together with the opening of domestic passenger markets, the creation of a European regulatory body.
Amendment 202 #
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) The European Parliament asks the European Commission, based on the experience of the network of regulatory bodies, to propose no later than the end of 2012, together with the opening of domestic passenger markets, the creation of a European regulatory body.
Amendment 241 #
Proposal for a directive
Recital 55
Recital 55
(55) It is desirable to ensure that account is taken of global external costs when making transport decisions and that rail infrastructure charging can contribute to the internalisation of external costs in a coherent and balanced way across all modes of transport.
Amendment 241 #
Proposal for a directive
Recital 55
Recital 55
(55) It is desirable to ensure that account is taken of global external costs when making transport decisions and that rail infrastructure charging can contribute to the internalisation of external costs in a coherent and balanced way across all modes of transport.
Amendment 280 #
Proposal for a directive
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) "transit" means crossing territory of the Union without loading or unloadtransporting goods, and/or without picking up passengers or setting them down inpassengers whose origin and destination are outside the territory of the Union;
Amendment 280 #
Proposal for a directive
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) "transit" means crossing territory of the Union without loading or unloadtransporting goods, and/or without picking up passengers or setting them down inpassengers whose origin and destination are outside the territory of the Union;
Amendment 338 #
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3 a. Staff of an infrastructure manager holding commercially sensitive information related to the allocation and charging functions shall not be permitted to transfer to a railway undertaking during a period of restriction of three years.
Amendment 338 #
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3 a. Staff of an infrastructure manager holding commercially sensitive information related to the allocation and charging functions shall not be permitted to transfer to a railway undertaking during a period of restriction of three years.
Amendment 344 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. HWhenever revenues are not sufficient to cover the financing needs of the infrastructure manager, without prejudice to the charging framework of Articles 31 and 32, having due regard to Articles 93, 107 and 108 of the Treaty, Member States may alsoshall provide the infrastructure manager with financing consistent with its tasks, the size of the infrastructure and financial requirements, in particular in order to cover new investments.
Amendment 344 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. HWhenever revenues are not sufficient to cover the financing needs of the infrastructure manager, without prejudice to the charging framework of Articles 31 and 32, having due regard to Articles 93, 107 and 108 of the Treaty, Member States may alsoshall provide the infrastructure manager with financing consistent with its tasks, the size of the infrastructure and financial requirements, in particular in order to cover new investments.
Amendment 359 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
Railway undertakings within the scope of this Directive shall be granted the right of access to the infrastructure in all Member States for the purpose of operating an international passenger service. Railway undertakings shall, in the course of an international passenger service, have the right to pick up passengers at any station located on the international route and set them down at another, including stations located in the same Member State.
Amendment 359 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
Railway undertakings within the scope of this Directive shall be granted the right of access to the infrastructure in all Member States for the purpose of operating an international passenger service. Railway undertakings shall, in the course of an international passenger service, have the right to pick up passengers at any station located on the international route and set them down at another, including stations located in the same Member State.
Amendment 361 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
Amendment 361 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
Amendment 365 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 3
Article 10 – paragraph 2 – subparagraph 3
Amendment 365 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 3
Article 10 – paragraph 2 – subparagraph 3
Amendment 368 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 4
Article 10 – paragraph 2 – subparagraph 4
Amendment 368 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 4
Article 10 – paragraph 2 – subparagraph 4
Amendment 372 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States may limit the right of access provided for in Article 10 on services between a place of departure and a destination which are covered by one or more public service contracts conforming to the Union legislation in force. Such limitation shall not have the effect of restricting the right to pick up passengers at any station located on the route of an international service and to set them down at another, including stations located in the same Member State, except where the exercise of this right would compromise the economic equilibrium of a public service contract.
Amendment 372 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States may limit the right of access provided for in Article 10 on services between a place of departure and a destination which are covered by one or more public service contracts conforming to the Union legislation in force. Such limitation shall not have the effect of restricting the right to pick up passengers at any station located on the route of an international service and to set them down at another, including stations located in the same Member State, except where the exercise of this right would compromise the economic equilibrium of a public service contract.
Amendment 381 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 2
Article 11 – paragraph 2 – subparagraph 2
The competent authorities and the railway undertakings providing the public services shall provide the relevant regulatory body or bodies with the information reasonably required to reach a decision. The regulatory body shall consider the information provided, consulting all the relevant parties as appropriate, and shall inform the relevant parties of its reasoned decision within a pre-determined, reasonable time, and, in any case, within two monthtwo weeks of receipt of all relevant information.
Amendment 381 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 2
Article 11 – paragraph 2 – subparagraph 2
The competent authorities and the railway undertakings providing the public services shall provide the relevant regulatory body or bodies with the information reasonably required to reach a decision. The regulatory body shall consider the information provided, consulting all the relevant parties as appropriate, and shall inform the relevant parties of its reasoned decision within a pre-determined, reasonable time, and, in any case, within two monthtwo weeks of receipt of all relevant information.
Amendment 386 #
Proposal for a directive
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Member States may also limit the right to pick up and set down passengers at stations within the same Member State on the route of an international passenger service where an exclusive right to convey passengers between those stations has been granted under a concession contract awarded before 4 December 2007 on the basis of a fair competitive tendering procedure and in accordance with the relevant principles of Union law. This limitation may continue for the original duration of the contract, or 15 years, whichever is shorter.
Amendment 386 #
Proposal for a directive
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Member States may also limit the right to pick up and set down passengers at stations within the same Member State on the route of an international passenger service where an exclusive right to convey passengers between those stations has been granted under a concession contract awarded before 4 December 2007 on the basis of a fair competitive tendering procedure and in accordance with the relevant principles of Union law. This limitation may continue for the original duration of the contract, or 15 years, whichever is shorter.
Amendment 409 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 3
Article 13 – paragraph 2 – subparagraph 3
Requests by railway undertakings for access to the service facility shall be answered within a fixed time limit set by the national regulatory body and may only be rejected if there are viable alternatives allowing them to operate the freight or passenger service concerned on the same route under economically acceptable conditions. The burden of proving for the existence of a viable alternative lies with the operator of the service facility.
Amendment 409 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 3
Article 13 – paragraph 2 – subparagraph 3
Requests by railway undertakings for access to the service facility shall be answered within a fixed time limit set by the national regulatory body and may only be rejected if there are viable alternatives allowing them to operate the freight or passenger service concerned on the same route under economically acceptable conditions. The burden of proving for the existence of a viable alternative lies with the operator of the service facility.
Amendment 421 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 4
Article 13 – paragraph 2 – subparagraph 4
When the operator of the service facility encounters conflicts between different requests, he shall attempt the best possible matching of all requirements. If no viable alternative is available, and it is not possible to accommodate all requests for capacity for the relevant facility on the basis of demonstrated needs, the regulatory body referred to in Article 55 shall on its own initiative or on the basis of a complaint take appropriate action to ensure that an appropriate part of the capacity is devoted to railway undertakings other than the ones which are part of the body or firm to which the facility operator also belongs. However newly built maintenance and other technical facilities developed for specific new rolling stock may be reserved to the use of one railway undertaking for a period of five years from the start of their operation. If it is not possible that an appropriate part of the capacity is devoted to railway undertakings other than the ones which are part of the body or firm to which the facility operator also belongs, the regulatory body shall develop alternative solutions together with all stakeholders concerned.
Amendment 421 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 4
Article 13 – paragraph 2 – subparagraph 4
When the operator of the service facility encounters conflicts between different requests, he shall attempt the best possible matching of all requirements. If no viable alternative is available, and it is not possible to accommodate all requests for capacity for the relevant facility on the basis of demonstrated needs, the regulatory body referred to in Article 55 shall on its own initiative or on the basis of a complaint take appropriate action to ensure that an appropriate part of the capacity is devoted to railway undertakings other than the ones which are part of the body or firm to which the facility operator also belongs. However newly built maintenance and other technical facilities developed for specific new rolling stock may be reserved to the use of one railway undertaking for a period of five years from the start of their operation. If it is not possible that an appropriate part of the capacity is devoted to railway undertakings other than the ones which are part of the body or firm to which the facility operator also belongs, the regulatory body shall develop alternative solutions together with all stakeholders concerned.
Amendment 466 #
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The Commission shall monitor the use of the networks and the evolution of framework conditions in the rail sector, in particular infrastructure charging, capacity allocation, investments in railway infrastructure, developments as regards prices and the quality of rail transport services, rail transport services covered by public service contracts, licensing, degree of market opening, and the degree of harmonisation between Member States. It shall ensure active cooperation between the appropriate regulatory bodies in the Member States.
Amendment 466 #
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The Commission shall monitor the use of the networks and the evolution of framework conditions in the rail sector, in particular infrastructure charging, capacity allocation, investments in railway infrastructure, developments as regards prices and the quality of rail transport services, rail transport services covered by public service contracts, licensing, degree of market opening, and the degree of harmonisation between Member States. It shall ensure active cooperation between the appropriate regulatory bodies in the Member States.
Amendment 469 #
Proposal for a directive
Article 15 – paragraph 4 – point a
Article 15 – paragraph 4 – point a
(a) the evolution of the internal market in rail services including the degree of market opening;
Amendment 469 #
Proposal for a directive
Article 15 – paragraph 4 – point a
Article 15 – paragraph 4 – point a
(a) the evolution of the internal market in rail services including the degree of market opening;
Amendment 472 #
Proposal for a directive
Article 15 – paragraph 5 – subparagraph 1
Article 15 – paragraph 5 – subparagraph 1
For the purposes of the Commission's market monitoring, Member States shall supply on an annual basis the information indicated in Annex IV, as well as all other necessary data requested by the Commission. , in particular: a) the degree of market opening and fair competition in each Member State;
Amendment 472 #
Proposal for a directive
Article 15 – paragraph 5 – subparagraph 1
Article 15 – paragraph 5 – subparagraph 1
For the purposes of the Commission's market monitoring, Member States shall supply on an annual basis the information indicated in Annex IV, as well as all other necessary data requested by the Commission., in particular: a) the degree of market opening and fair competition in each Member State;
Amendment 536 #
Proposal for a directive
Article 32 – paragraph 1 – subparagraph 1
Article 32 – paragraph 1 – subparagraph 1
In order to obtain full recovery of the costs incurred by the infrastructure manager, a Member State may, authorise that the infrastructure manager may, on any given market segment, and if theat market segment can bear this, levy a mark-ups on the basis of efficient, transparent and non- discriminatory principles, while guaranteeing optimal competitiveness in particular of international rail freight. The charging system shall respect the productivity increases achieved by railway undertakingsof the railway sector.
Amendment 536 #
Proposal for a directive
Article 32 – paragraph 1 – subparagraph 1
Article 32 – paragraph 1 – subparagraph 1
In order to obtain full recovery of the costs incurred by the infrastructure manager, a Member State may, authorise that the infrastructure manager may, on any given market segment, and if theat market segment can bear this, levy a mark-ups on the basis of efficient, transparent and non- discriminatory principles, while guaranteeing optimal competitiveness in particular of international rail freight. The charging system shall respect the productivity increases achieved by railway undertakingsof the railway sector.
Amendment 539 #
Proposal for a directive
Article 32 – paragraph 1 – subparagraph 3
Article 32 – paragraph 1 – subparagraph 3
These market segments shall be established in accordance with the criteria laid down in Annex VIII, point 3in Annex VIII, point 3 after considering the pairs listed there and retaining the relevant ones subject to the prior approval of the regulatory body. For market segments for which there is no traffic, mark-ups shall not be included in the charging system.
Amendment 539 #
Proposal for a directive
Article 32 – paragraph 1 – subparagraph 3
Article 32 – paragraph 1 – subparagraph 3
These market segments shall be established in accordance with the criteria laid down in Annex VIII, point 3in Annex VIII, point 3 after considering the pairs listed there and retaining the relevant ones subject to the prior approval of the regulatory body. For market segments for which there is no traffic, mark-ups shall not be included in the charging system.
Amendment 562 #
Proposal for a directive
Article 40 – paragraph 5 – subparagraph 1
Article 40 – paragraph 5 – subparagraph 1
Working in cooperation as referred to in paragraph 1, infrastructure managers shall assess the need for, and may where necessary propose and organise international train paths to facilitate the operation of freight trains which are subject to an ad hoc request as referred to in Article 48. This cooperation should entail putting in place mechanisms to ensure that responses are given to ad hoc requests from international rail services within five working days.
Amendment 562 #
Proposal for a directive
Article 40 – paragraph 5 – subparagraph 1
Article 40 – paragraph 5 – subparagraph 1
Working in cooperation as referred to in paragraph 1, infrastructure managers shall assess the need for, and may where necessary propose and organise international train paths to facilitate the operation of freight trains which are subject to an ad hoc request as referred to in Article 48. This cooperation should entail putting in place mechanisms to ensure that responses are given to ad hoc requests from international rail services within five working days.
Amendment 575 #
Proposal for a directive
Article 47 – paragraph 4 – subparagraph 2
Article 47 – paragraph 4 – subparagraph 2
In order to guarantee the development of adequate transport services within this framework, in particular to comply with public-service requirements or promote the development of rail freight, particularly international freight, Member States may take any measures necessary, under non- discriminatory conditions, to ensure that such services are given priority when infrastructure capacity is allocated.
Amendment 575 #
Proposal for a directive
Article 47 – paragraph 4 – subparagraph 2
Article 47 – paragraph 4 – subparagraph 2
In order to guarantee the development of adequate transport services within this framework, in particular to comply with public-service requirements or promote the development of rail freight, particularly international freight, Member States may take any measures necessary, under non- discriminatory conditions, to ensure that such services are given priority when infrastructure capacity is allocated.
Amendment 576 #
Proposal for a directive
Article 47 – paragraph 5
Article 47 – paragraph 5
5. The importance ofPriority criteria shall include freight services and in particular international freight services shall be given adequate consideration in determining priority criteria.
Amendment 576 #
Proposal for a directive
Article 47 – paragraph 5
Article 47 – paragraph 5
5. The importance ofPriority criteria shall include freight services and in particular international freight services shall be given adequate consideration in determining priority criteria.
Amendment 586 #
Proposal for a directive
Article 55 – paragraph 1
Article 55 – paragraph 1
1. Each Member State shall establish a single national regulatory body for the railway sector. This body shall be a stand- alone authority which is, in organisational, functional, hierarchical and decision- making terms, legally distinct and independent from any other public authority. It shall also be independent in its organisation, funding decisions, legal structure and decision-making from any infrastructure manager, charging body, allocation body or applicant. 1 It shall furthermore be functionally independent from any competent authority involved in the award of a public service contract. The national regulatory body shall have the necessary administrative capacity in terms of staff and resources to carry out the tasks assigned to it by Article 56. The required level of staff should be directly linked to the market needs and vary accordingly.
Amendment 586 #
Proposal for a directive
Article 55 – paragraph 1
Article 55 – paragraph 1
1. Each Member State shall establish a single national regulatory body for the railway sector. This body shall be a stand- alone authority which is, in organisational, functional, hierarchical and decision- making terms, legally distinct and independent from any other public authority. It shall also be independent in its organisation, funding decisions, legal structure and decision-making from any infrastructure manager, charging body, allocation body or applicant. 1 It shall furthermore be functionally independent from any competent authority involved in the award of a public service contract. The national regulatory body shall have the necessary administrative capacity in terms of staff and resources to carry out the tasks assigned to it by Article 56. The required level of staff should be directly linked to the market needs and vary accordingly.
Amendment 591 #
Proposal for a directive
Article 55 – paragraph 3
Article 55 – paragraph 3
3. The president and governing board of the regulatory body for the railway sector shall be appointed by the competent parliament for a fixed and renewable term under clear rules which guarantee independence. They shall be selected from among persons who have had no professional position or responsibility, interest or business relationship, directly or indirectly, with the regulated undertakings or entities for a period of three years before their appointment, and during their term of office. Afterwards, they shall have no professional position or responsibility, interest or business relationship with any of the regulated undertakings or entities for a period of not less than three years. They shall have full authority over the recruitment and management of the staff of the regulatory body.
Amendment 591 #
Proposal for a directive
Article 55 – paragraph 3
Article 55 – paragraph 3
3. The president and governing board of the regulatory body for the railway sector shall be appointed by the competent parliament for a fixed and renewable term under clear rules which guarantee independence. They shall be selected from among persons who have had no professional position or responsibility, interest or business relationship, directly or indirectly, with the regulated undertakings or entities for a period of three years before their appointment, and during their term of office. Afterwards, they shall have no professional position or responsibility, interest or business relationship with any of the regulated undertakings or entities for a period of not less than three years. They shall have full authority over the recruitment and management of the staff of the regulatory body.
Amendment 601 #
Proposal for a directive
Article 56 – paragraph 1 a (new)
Article 56 – paragraph 1 a (new)
1 a. The regulatory body shall be required to take a decision on any complaints or act on its own initiative and take action to remedy the situation within a maximum period of two weeks. In the event of an appeal against a refusal to grant infrastructure capacity, or against the terms of an offer of capacity, the regulatory body shall either confirm that no modification of the infrastructure manager's decision is required, or it shall require modification of that decision in accordance with directions specified by the regulatory body. Regulatory bodies not respecting their mandate and deadlines will be under scrutiny of the European Commission in accordance with the procedure referred to in Article 63(2).
Amendment 601 #
Proposal for a directive
Article 56 – paragraph 1 a (new)
Article 56 – paragraph 1 a (new)
1 a. The regulatory body shall be required to take a decision on any complaints or act on its own initiative and take action to remedy the situation within a maximum period of two weeks. In the event of an appeal against a refusal to grant infrastructure capacity, or against the terms of an offer of capacity, the regulatory body shall either confirm that no modification of the infrastructure manager's decision is required, or it shall require modification of that decision in accordance with directions specified by the regulatory body. Regulatory bodies not respecting their mandate and deadlines will be under scrutiny of the European Commission in accordance with the procedure referred to in Article 63(2).
Amendment 617 #
Proposal for a directive
Article 56 – paragraph 5 a (new)
Article 56 – paragraph 5 a (new)
5 a. In the event of conflicts concerning decisions by the regulatory bodies for cross-border transport services, any of the concerned parties may appeal to the European Commission to obtain a binding decision on the compatibility of the decision in question with the EU law. The European Commission should name a responsible service for such appeals no later than three months after the publication of this Directive in the Official Journal. The responsible service shall take a binding decision on the appeal within 20 working days of receipt of the appeal. This arrangement should be evaluated after two years and might lead to the extension of the responsibilities of the responsible Commission service.
Amendment 617 #
Proposal for a directive
Article 56 – paragraph 5 a (new)
Article 56 – paragraph 5 a (new)
5 a. In the event of conflicts concerning decisions by the regulatory bodies for cross-border transport services, any of the concerned parties may appeal to the European Commission to obtain a binding decision on the compatibility of the decision in question with the EU law. The European Commission should name a responsible service for such appeals no later than three months after the publication of this Directive in the Official Journal. The responsible service shall take a binding decision on the appeal within 20 working days of receipt of the appeal. This arrangement should be evaluated after two years and might lead to the extension of the responsibilities of the responsible Commission service.
Amendment 619 #
Proposal for a directive
Article 56 – paragraph 8 a (new)
Article 56 – paragraph 8 a (new)
8a. The regulatory body shall consult, at least twice a year, the representatives of the users of the rail services (freight and passenger) to take into account their views on the rail market, including the service performance, the infrastructure charges, the amount and the transparency of the rail service prices.
Amendment 619 #
Proposal for a directive
Article 56 – paragraph 8 a (new)
Article 56 – paragraph 8 a (new)
8a. The regulatory body shall consult, at least twice a year, the representatives of the users of the rail services (freight and passenger) to take into account their views on the rail market, including the service performance, the infrastructure charges, the amount and the transparency of the rail service prices.
Amendment 625 #
Proposal for a directive
Article 57 – paragraph 1
Article 57 – paragraph 1
1. The national regulatory bodies shall exchange information about their work and decision-making principles and practice and otherwise cooperate for the purpose of coordinating their decision-making across the Union. For this purpose they shall work together in a networking group that convenes at regular intervals. To this aim the Commission shall support the regulatory bodies in this task. ensure active cooperation between the regulatory bodies. The European Commission shall be given the relevant powers to enforce the pro- active cooperation between the regulatory bodies and take action in case regulatory bodies fail to fulfil their mandate in accordance with the procedure referred to in Article 63(2).
Amendment 625 #
Proposal for a directive
Article 57 – paragraph 1
Article 57 – paragraph 1
1. The national regulatory bodies shall exchange information about their work and decision-making principles and practice and otherwise cooperate for the purpose of coordinating their decision-making across the Union. For this purpose they shall work together in a networking group that convenes at regular intervals. To this aim the Commission shall support the regulatory bodies in this taskensure active cooperation between the regulatory bodies. The European Commission shall be given the relevant powers to enforce the pro- active cooperation between the regulatory bodies and take action in case regulatory bodies fail to fulfil their mandate in accordance with the procedure referred to in Article 63(2).
Amendment 639 #
Proposal for a directive
Article 57 a (new)
Article 57 a (new)
Article 57 a (new) Based on the experience of the network of regulatory bodies, the European Parliament asks the European Commission, no later than the end of 2012, to come forward with a legislative proposal for the creation of a European regulatory body that shall act in the case that national regulatory bodies aren't answering and dealing with the complaints.
Amendment 639 #
Proposal for a directive
Article 57 a (new)
Article 57 a (new)
Article 57 a (new) Based on the experience of the network of regulatory bodies, the European Parliament asks the European Commission, no later than the end of 2012, to come forward with a legislative proposal for the creation of a European regulatory body that shall act in the case that national regulatory bodies aren't answering and dealing with the complaints.
Amendment 644 #
Proposal for a directive
Article 63 – paragraph 2 – subparagraph 1
Article 63 – paragraph 2 – subparagraph 1
At the request of a Member Statenational regulatory body and other competent national authorities or on its own initiative the Commission shall, in a specific case, examine the application and enforcement of the provisions of this Directive, and w. The national regulatory bodies shall maintain a database accessible to the European Commission of their draft decisions. Within two months of receipt of such a request the European Commission shall decide in accordance with the procedure referred to in Article 64(2) whether the related measure may continue to be applied. The Commission shall communicate its decision to the European Parliament, the Council and to the Member States.
Amendment 644 #
Proposal for a directive
Article 63 – paragraph 2 – subparagraph 1
Article 63 – paragraph 2 – subparagraph 1
At the request of a Member Statenational regulatory body and other competent national authorities or on its own initiative the Commission shall, in a specific case, examine the application and enforcement of the provisions of this Directive, and w. The national regulatory bodies shall maintain a database accessible to the European Commission of their draft decisions. Within two months of receipt of such a request the European Commission shall decide in accordance with the procedure referred to in Article 64(2) whether the related measure may continue to be applied. The Commission shall communicate its decision to the European Parliament, the Council and to the Member States.
Amendment 646 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1
Article 66 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles [...] and Annexes [...] by […]12 months from the entry into force of this Directive at the latest. They shall forthwith communicate to the Commission the text of those provisions and a table showing the correlation between those provisions and this Directive.
Amendment 646 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1
Article 66 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles [...] and Annexes [...] by […]12 months from the entry into force of this Directive at the latest. They shall forthwith communicate to the Commission the text of those provisions and a table showing the correlation between those provisions and this Directive.
Amendment 683 #
Proposal for a directive
Annex 3 – point 2 – subpoint f
Annex 3 – point 2 – subpoint f
(f) maintenance with the exception of heavy maintenance in facilities exclusively dedicated to specific types of high-speed rolling stock for passenger services and other technical facilities;
Amendment 683 #
Proposal for a directive
Annex 3 – point 2 – subpoint f
Annex 3 – point 2 – subpoint f
(f) maintenance with the exception of heavy maintenance in facilities exclusively dedicated to specific types of high-speed rolling stock for passenger services and other technical facilities;
Amendment 695 #
Proposal for a directive
Annex 6 – point 2
Annex 6 – point 2
2. A section on charging principles and tariffs. This shall contain appropriate details of the charging scheme as well as sufficient information on charges as well as o. The infrastructure charges shall be indicated per kilometre per market segment. Other relevant information on access applying to the services listed in Annex III which are provided by only one supplier shall also be provided. It shall detail the methodology, rules and, where applicable, scales used for the application of Articles 31(4) and (5) to 36, as regards both costs and charges. It shall contain information on changes in charges already decided upon or foreseen in the next five years.
Amendment 695 #
Proposal for a directive
Annex 6 – point 2
Annex 6 – point 2
2. A section on charging principles and tariffs. This shall contain appropriate details of the charging scheme as well as sufficient information on charges as well as o. The infrastructure charges shall be indicated per kilometre per market segment. Other relevant information on access applying to the services listed in Annex III which are provided by only one supplier shall also be provided. It shall detail the methodology, rules and, where applicable, scales used for the application of Articles 31(4) and (5) to 36, as regards both costs and charges. It shall contain information on changes in charges already decided upon or foreseen in the next five years.
Amendment 709 #
Proposal for a directive
Annex 8 – point 3 – introductory part
Annex 8 – point 3 – introductory part
3. The infrastructure manager shall demonstrate to the regulatory body the ability of a train service to pay mark-ups according to Article 32(1), whereby each of the services listed under a single one of the following points shall belong to different market segmenfine homogeneous market segments and corresponding mark-ups in the sense of Article 32(1), on the basis of a market study and after consultation of the applicants. The infrastructure manager shall demonstrate to the regulatory body the ability of a train service to pay mark-ups according to Article 32(1). In case the infrastructure manager levies mark-ups, it shall develop a list of market segments to which the regulatory body shall give its prior approval. Mark-ups shall be such that traffic volumes in individual segments develop no worse than traffic volumes on competing markets:.
Amendment 709 #
Proposal for a directive
Annex 8 – point 3 – introductory part
Annex 8 – point 3 – introductory part
3. The infrastructure manager shall define homogeneous market segments and corresponding mark-ups in the sense of Article 32(1), on the basis of a market study and after consultation of the applicants. The infrastructure manager shall demonstrate to the regulatory body the ability of a train service to pay mark-ups according to Article 32(1), whereby each of the ser. In case the infrastructure manager levices listed under a single one of the following points shall belong to different market segments: mark-ups, it shall develop a list of market segments to which the regulatory body shall give its prior approval. Mark-ups shall be such that traffic volumes in individual segments develop no worse than traffic volumes on competing markets.