Activities of Georges BACH related to 2013/0028(COD)
Shadow opinions (1)
OPINION on the proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1370/2007 concerning the opening of the market for domestic passenger transport services by rail
Amendments (13)
Amendment 44 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) The principle of reciprocity is an important means of counteracting the distortion of competition; this principle should apply not only to licensed railway undertakings and their subsidiaries in the Member States, but also to undertakings from third countries that wish to participate in procurement procedures within the Union.
Amendment 50 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Where the conclusion of a public service contract may entail a change of public service operator, competent authorities should require the chosen public service operator to apply the provisions of Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfer of undertakings, businesses or parts of undertakings or businesses. This Directive does not preclude Member States from safeguarding transfer conditions of employees’ rights other than those covered by Directive 2001/23/EC and thereby, if appropriate, taking into account labour and social standards more favourable to the workers, established by national laws, regulations or administrative provisions or collective agreements or agreements concluded between the social partners.
Amendment 52 #
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) In keeping with the principle of subsidiarity, competent authorities should establish social and qualitative criteria in order to maintain and raise quality standards for public service obligations, for instance with regard to minimal working conditions, passenger rights, the needs of persons with reduced mobility, environmental protection and the health and security of passengers and employees, as well as collective agreement obligations and other rules and agreements concerning workplaces and social protection at the place where the service is provided.
Amendment 74 #
Proposal for a regulation
Recital 10
Recital 10
(10) The establishment of an Internal Market for passenger transport services by rail requires common rules on competitive tendering for public service contracts in this sector to be applied in a harmonised manner in all Member States. Nevertheless, the specific features and peculiarities of the various Member States should be taken into consideration.
Amendment 81 #
Proposal for a regulation
Recital 11
Recital 11
(11) In view of creating framework conditions for enabling society to fully reap the benefits of effective opening of the market for domestic passenger transport services by rail it is important that Member States ensure an adequate high level of social protection for the staff of public service operators.
Amendment 85 #
Proposal for a regulation
Article 1 – point 3 – point b a (new)
Article 1 – point 3 – point b a (new)
Regulation (EC) No 1370/2007
Article 4 – paragraph 5
Article 4 – paragraph 5
Paragraph 5 is replaced by the following: ‘Without prejudice to national and Community law, including collective agreements between the social partners, competent authorities shall require the selected public service operator to grant staff previously taken on to provide services the rights to which they would have been entitled if there had been a transfer within the meaning of Directive 2001/23/EC. Where competent authorities require public service operators to comply with certain social standards, tender documents and public service contracts shall list the staff concerned and give transparent details of their contractual rights and the conditions under which employees are deemed to be linked to the services.’
Amendment 88 #
Proposal for a regulation
Article 1 – point 3 – point c
Article 1 – point 3 – point c
Regulation (EC) No 1370/2007
Article 4 – paragraph 6
Article 4 – paragraph 6
Where competent authorities, in accordance with national law, require public service operators to comply with certain quality and social standards or establish social and qualitative criteria, these standards and criteriaithout prejudice to national and Community law, including collective agreements between the social partners, the competent authorities shall lay down the quality and social standards applicable and shall be included them in the tender documents and in the public service contracts.
Amendment 176 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 1 – point d a (new)
Article 2 a (new) – paragraph 1 – subparagraph 1 – point d a (new)
(da) applicable rules for passenger rights;
Amendment 266 #
Proposal for a regulation
Article 1 – point 3 – point b b (new)
Article 1 – point 3 – point b b (new)
Regulation (EC) No. 1370/2007
Article 4 – paragraph 5
Article 4 – paragraph 5
Paragraph 5 is replaced by the following: (bb) Without prejudice to national and Community law, including collective agreements between social partners, competent authorities shall require the selected public service operator to grant staff, previously taken on to provide services, the right to which they would have been entitled if there had been a transfer within the meaning of Directive 2001/23/EC. Where competent authorities require public service operators to comply with certain social standards, tender documents and public service contracts, they shall list the staff concerned and give transparent details of their contractual rights and the conditions under which employees are deemed to be linked to the service.
Amendment 294 #
Proposal for a regulation
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Regulation (EC) No. 1370/2007
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 332 #
Proposal for a regulation
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Regulation (EC) No. 1370/2007
Article 5 – paragraph 6
Article 5 – paragraph 6
Amendment 399 #
Proposal for a regulation
Article 1 point 8 – point b
Article 1 point 8 – point b
Regulation (EC) No. 1370/2007
Article 8 – paragraph 2a (new)
Article 8 – paragraph 2a (new)
Amendment 412 #
Proposal for a regulation
Article 1 – point 8 – point c
Article 1 – point 8 – point c
Regulation (EC) No. 1370/2007
Article 8 – paragraph 3
Article 8 – paragraph 3