Activities of Ramon TREMOSA i BALCELLS related to 2013/0029(COD)
Plenary speeches (1)
Single European railway area (A8-0371/2016 - David-Maria Sassoli)
Amendments (18)
Amendment 50 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) The opening of the market for domestic passenger transport will have a positive impact on the working of the European railway market; this will lead to more flexibility and more possibilities for companies and passengers. Railway personnel will also benefit from the opening, as it will improve their chances to provide their services to new players on the market. Experienced workers can create an added value to the new players, leading to better labour conditions.
Amendment 111 #
Proposal for a directive
Recital 13
Recital 13
(13) Despite the implementation of the safeguards guaranteeing independence vertically integrated undertakings could abuse of their structure to provide undue competitive advantages for railway operators belonging to such undertakings, For this reason, without prejudice to Art 258 of the Treaty on the Functioning of the European Union, the Commission should verify, upon request of a Member State, a railway undertaking or on its own initiative, that these safeguards are effectively implemented and that any remaining distortions of competition are removed. In case the Commission is not in a position to confirm that this has been achieved, all Member States should have the possibility to limit or revoke access rights of the integrated operators concerned.
Amendment 128 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) In the light of the experience acquired through the network of regulatory bodies provided for in Article 57 of Directive 2012/34/EU, the Commission should draw up a legislative proposal strengthening the network of regulatory bodies, formalising its procedures and giving it legal personality, not later than 31 December 2016. That body should have a supervisory and arbitration function enabling it to deal with cross-border and international problems and to hear appeals against decisions taken by national regulatory bodies.
Amendment 139 #
Proposal for a directive
Recital 19 b (new)
Recital 19 b (new)
(19b) In light of the experience acquired through the network of regulatory bodies established with Article 57, the Commission should draw up a legislative proposal to replace the network with a European Regulatory Body, formalising its procedures and giving it legal personality, not later than 31 December 2019, in time for the opening of domestic passenger transport services by rail. That body should have a supervisory and arbitration function enabling it to deal with cross-border and international problems and to hear appeals against decisions taken by national regulatory bodies.
Amendment 361 #
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
1. Upon request of a Member State, a railway undertaking or on its own initiative, the Commission shall decide whether infrastructure managers which are part of a vertically integrated undertaking fulfil the requirements of Article 7a and Article 7b and whether the implementation of these requirements is appropriate to ensure a level playing field for all railway undertakings and the absence of distortion of competition in the relevant market.
Amendment 387 #
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 that infrastructure managers set up and organise Coordination Committees for each network. Membership of this committee shall be open at least to the infrastructure manager, known applicants in the sense of Article 8(3) 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 representatives and the regulatory body concerned shall be invited to the meetings of the Coordination Committee as observers.
Amendment 400 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 d – paragraph 2 – subparagraph 1 – point g (a) (new)
Article 7 d – paragraph 2 – subparagraph 1 – point g (a) (new)
(ga) issues faced by the users of the rail freight and passenger transport services including for instance the service performance, the infrastructure charges, the amount and the transparency of the rail service prices
Amendment 408 #
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 quarterly. The rules of procedure shall include the regular consultation of the users of the rail freight and passenger transport services and, in any case, at least once a year. A report of the Coordination Committee's discussions shall be submitted annually to the infrastructure manager, the Member State, the regulatory body and users of the rail freight and passenger transport services concerned and the Commission with an indication of the respective positions taken by the Committee members.
Amendment 432 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 e – paragraph 2
Article 7 e – paragraph 2
2. The Network shall participate in the market monitoring activities referred to in Article 15 and benchmark the efficiency of infrastructure managers on the basis of common indicators and quality criteria, such as the reliability, capacity, availability, punctuality and safety of their networks, asset quality and utilisation, maintenance, renewals, enhancements, investments, transparency of the charging framework and of the charging rules and financial efficiency.
Amendment 440 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7e a (new)
Article 7e a (new)
With a view to preventing discrimination against applicants, the regulatory body referred to in Article 55 of this Directive shall give prior approval of any change to the structure or the level of charges for access to railway infrastructure and for access to service facilities operated by it and of such a framework agreement referred to in Article 42. The regulatory body shall and control a framework agreement in force on its own initiative. An applicant shall also have the right to appeal to the regulatory body if it believes that it has been unfairly treated, discriminated against or is in any other way aggrieved by any change to the structure or the level of charges for access, a framework agreement, scheduled or unscheduled maintenance work or any other decision of the infrastructure manager. In the event of an appeal against a framework agreement, the regulatory body shall either confirm that no modification of the framework agreement is required, or it shall require modification of that framework agreement in accordance with directions specified by the regulatory body, not later than one month after the appeal is received. The infrastructure manager and the railway undertaking shall comply as soon as is materially feasible, and in any case not later than one month after receiving notification of the request from the regulatory body. Whilst performing the functions described in this paragraph, the regulatory body shall pay particular attention to the protection of business secrets.
Amendment 452 #
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 compromises the economic equilibrium of the public service contract or contracts in question.
Amendment 475 #
Proposal for a directive
Article 1 – point 6 a new
Article 1 – point 6 a new
Directive 2012/34/EU
Article 11 a (new)
Article 11 a (new)
6a. The following new Article 11a is inserted: 1. Member States shall limit the right of creating new passenger services under public service contracts between a given place of departure and a given destination or an alternative route which are covered by one or more passenger services the access of which is provided for in Article 10(2) when the new public service contract compromises the economic equilibrium of the existing services; 2. Whether the economic equilibrium of a passenger service the access of which is provided for in Article 10(2) would be compromised shall be determined by the relevant regulatory body or bodies referred to in Article 55 on the basis of an objective economic analysis and based on pre-determined criteria, after a request from any of the following: (a) the competent authority or competent authorities that plan to award the public service contract; (b) the railway undertaking performing the service under Article 10(2) (c) the infrastructure manager; The request shall be made within a month from the last publication done under Article 7, Regulation 1370/2007. 3. The regulatory body shall give the grounds for its decision and the conditions under which one of the parties mentioned in the previous paragraph may ask for a reconsideration of the decision within one month of its notification. 4. If the regulatory body decides that the economic equilibrium is compromised, it shall limit the new public service so that it no longer compromises the economic equilibrium of the existing passenger services. It may also forbid the new public service. Member States shall take all necessary measures to allow decisions under paragraph 4 to be submitted to judicial review.
Amendment 548 #
Proposal for a directive
Article 1 – point 8 d (new)
Article 1 – point 8 d (new)
Directive 2012/34/EU
Article 57 – paragraph 9 a (new)
Article 57 – paragraph 9 a (new)
8d. In Article 57, the following new paragraph 9a is added: 9a. The European Commission shall adopt a legislative proposal to establish and make operational the European Regulatory Body not later than 31 December 2019. The new Body is intended to replace the European Network of Regulatory Bodies established with Article 57.
Amendment 551 #
Proposal for a directive
Article 1 – point 8 d (new)
Article 1 – point 8 d (new)
Directive 2012/34/EU
Article 57 - paragraphs 9a, 9b, 9c, 9d (new)
Article 57 - paragraphs 9a, 9b, 9c, 9d (new)
8d. Article 57 is amended as follows: (a) The following new paragraph 9 a (new) is added: 9a. Where an applicant believes that the decisions of one or more infrastructure managers or bodies in charge of essential functions are hindering the development of cross-border services, the applicant may submit a request for a regulatory opinion directly to the network. This request shall also constitute a request for a decision from the relevant national regulatory body or bodies. The network shall, if appropriate, require relevant information from the infrastructure managers or bodies in charge of essential functions and, in any case, from the relevant national regulatory bodies, in accordance with the procedure described in article 57(4). The network shall then issue a non-binding opinion, aiming at facilitating rather than hindering the services in question. The opinion shall be communicated to the relevant national regulatory bodies and to the applicant not later than one month after the request is received. The relevant national regulatory bodies shall take the opinion of the network into consideration before taking their decisions, not later than one month after the opinion of the network is received, and shall justify to the applicant in writing any deviation from that opinion.' (b) The following new paragraph 9b is added: 9b. The network of regulatory bodies referred to in Article 57(1) shall adopt rules of procedure by consensus or, in the absence of consensus, by a two-thirds majority vote, one vote being expressed per national regulatory body. The network shall elect a chairperson from among its members and shall submit an annual report of its activities to the Commission. The Commission shall transmit the annual report to the European Parliament and to the Council, where appropriate with comments.' (c) The following new paragraph 9c is added: 9c. The Commission shall provide the secretariat of the network of regulatory bodies referred to in Article 57(1). Travel and subsistence expenses incurred by members, observers and experts, in connection with the activities of the network, shall be reimbursed by the Commission in accordance with the provisions in force within the Commission.' (d) The following new paragraph 9d is added: 9d. The European Commission shall adopt a legislative proposal not later than one year after the entry into force of this directive, to establish the network of regulatory bodies and provide it with legal personality.'
Amendment 559 #
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 2012/34/EU
Article 63 – paragraph 1 – subparagraph 1
Article 63 – paragraph 1 – subparagraph 1
By 31 December 20240, the Commission shall evaluate the impact of this Directive on the rail sector and shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions a report on its implementation.
Amendment 561 #
Proposal for a directive
Article 1 – point 9 a (new)
Article 1 – point 9 a (new)
Directive 2012/34/EU
Article 63 – paragraph 2 a (new)
Article 63 – paragraph 2 a (new)
9a. In Article 63 the following new paragraph 2a is added: 2a. By 2020, the Commission shall also investigate whether the organisation of the national labour market hampers further market opening, integration and the quality of services provided to the customers. If appropriate, the Commission shall propose new legislative measures to ensure a level playing field for all railway undertakings.
Amendment 564 #
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
By the same date, the CommissionEuropean Regulatory Body shall assess whether discriminatory practices or other types of distortion of competition persist in relation to infrastructure managers which are part of a vertically integrated undertakingand shall publish recommendations for further policy measures. The Commission shall, if appropriate, propose new legislative measures based on the recommendations of the network of regulatory bodies.
Amendment 573 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Points 5 to 8 of Article 1 shall apply from 1 January 20187 [in time for the working timetable starting on 14 December 20198].