121 Amendments of Michel DANTIN related to 2010/0253(COD)
Amendment 126 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. TIn order to ensure the complete transparency of infrastructure costs, the accounts for the different areas of activity referred to in paragraphs 1 and 3 shall be kept in a way that allows for monitoring of the prohibition on transferring publiccompliance with the preceding paragraphs and of the use of income arising from infrastructure charges, and of surpluses from other commercial activities of, and public and private fundsing paid to one area of activity to another, the infrastructure manager. The revenues of the infrastructure manager shall in no way be used by a railway undertaking or a body or firm controlling a railway undertaking as this may strengthen its market position or enable it to gain economic advantages over other railway undertakings.
Amendment 130 #
Draft legislative resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the national regulatory body must be an independent regulatory authority with the power to take up matters on its own initiative and to undertake investigations, and capable of issuing opinions and enforceable decisions with a view to ensuring an open market without barriers in which competition is exercised freely and without distortion,
Amendment 130 #
Draft legislative resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the national regulatory body must be an independent regulatory authority with the power to take up matters on its own initiative and to undertake investigations, and capable of issuing opinions and enforceable decisions with a view to ensuring an open market without barriers in which competition is exercised freely and without distortion,
Amendment 139 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) The numerous infringement procedures against Member States demonstrate that the current legislation gives rise to differences of interpretation and that the first railway package needs to be clarified and improved in order to ensure a genuine opening up of the European rail market;
Amendment 139 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) The numerous infringement procedures against Member States demonstrate that the current legislation gives rise to differences of interpretation and that the first railway package needs to be clarified and improved in order to ensure a genuine opening up of the European rail market;
Amendment 142 #
Proposal for a directive
Article 13 – paragraph 6
Article 13 – paragraph 6
6. Where a service facility referred to in point 2 of Annex II has not been in use for at least threewo consecutive years and interest by railway undertakings for access to this facility has been expressed to the operator of that service facility on the basis of demonstrated needs, its owner shall publicise the operation of the facility as being for lease or rent as a rail service facility, as a whole or in part, unless the operator of that service facility demonstrates that an ongoing process of reconversion prevents its use by any railway undertaking.
Amendment 143 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The coexistence in the Member States of different social security schemes in the railway sector poses a risk of unfair competition between new railway operators and incumbent undertakings, and requires a harmonisation while respecting the specific characteristics of the sector and of the Member States.
Amendment 143 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The coexistence in the Member States of different social security schemes in the railway sector poses a risk of unfair competition between new railway operators and incumbent undertakings, and requires a harmonisation while respecting the specific characteristics of the sector and of the Member States.
Amendment 147 #
Proposal for a directive
Recital 4
Recital 4
(4) Regional, urban and suburban services as well as transport activities in the form of shuttle services through the Channel Tunnel should be excluded from the scope of this Directive.
Amendment 147 #
Proposal for a directive
Recital 4
Recital 4
(4) Regional, urban and suburban services as well as transport activities in the form of shuttle services through the Channel Tunnel should be excluded from the scope of this Directive.
Amendment 181 #
Proposal for a directive
Annex II – paragraph 2 – point e
Annex II – paragraph 2 – point e
Amendment 184 #
Proposal for a directive
Recital 14
Recital 14
Amendment 184 #
Proposal for a directive
Recital 14
Recital 14
Amendment 187 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Regulation (EC) No 1370/2007 allows Member States to ensure that workers’ social rights are maintained in the context of the separation of the provision of transport services from the management of the infrastructure, which could involve a transfer of undertaking;
Amendment 187 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Regulation (EC) No 1370/2007 allows Member States to ensure that workers’ social rights are maintained in the context of the separation of the provision of transport services from the management of the infrastructure, which could involve a transfer of undertaking;
Amendment 189 #
Proposal for a directive
Recital 16
Recital 16
(16) Opening up international and national 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 and, where applicable, the network of regulatory bodies as defined in Article 57 of this Directive on the basis of an objective economic analysis, following a request from the competent authorities that awarded the public service contract.
Amendment 189 #
Proposal for a directive
Recital 16
Recital 16
(16) Opening up international and national 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 and, where applicable, the network of regulatory bodies as defined in Article 57 of this Directive on the basis of an objective economic analysis, following a request from the competent authorities that awarded the public service contract.
Amendment 190 #
Proposal for a directive
Recital 17
Recital 17
(17) The assessment of whether the economic equilibrium of the public service contract could be compromised should take into account predetermined criteria such as the impact on the profitability of any services which are included in a public service contract, including consequential impacts on the net cost to the competent public authority that awarded the contract, passenger demand, ticket pricing, ticketing arrangements, location and number of stops on both sides of the border and timing and frequency of the proposed new service. In accordance with such an assessment and the decision of the relevant regulatory body, Member States may authorise, modify or deny the right of access for the international and/or national passenger service sought, including the levying of a charge on the operator of a new international and/or national passenger service, in line with the economic analysis and in accordance with Union law and the principles of equality and non-discrimination.
Amendment 190 #
Proposal for a directive
Recital 17
Recital 17
(17) The assessment of whether the economic equilibrium of the public service contract could be compromised should take into account predetermined criteria such as the impact on the profitability of any services which are included in a public service contract, including consequential impacts on the net cost to the competent public authority that awarded the contract, passenger demand, ticket pricing, ticketing arrangements, location and number of stops on both sides of the border and timing and frequency of the proposed new service. In accordance with such an assessment and the decision of the relevant regulatory body, Member States may authorise, modify or deny the right of access for the international and/or national passenger service sought, including the levying of a charge on the operator of a new international and/or national passenger service, in line with the economic analysis and in accordance with Union law and the principles of equality and non-discrimination.
Amendment 203 #
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) On the basis of the experience of the network of regulatory bodies, the Commission should draw up a legislative proposal to establish a European regulatory body with a supervisory and arbitration role in respect of supranational problems and providing a means of redress against decisions taken by national regulatory bodies.
Amendment 203 #
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) On the basis of the experience of the network of regulatory bodies, the Commission should draw up a legislative proposal to establish a European regulatory body with a supervisory and arbitration role in respect of supranational problems and providing a means of redress against decisions taken by national regulatory bodies.
Amendment 237 #
Proposal for a directive
Recital 50
Recital 50
(50) It is important to ensure better coordination of allocation schemes in order to improve the attractiveness of rail for traffic which uses the network of more than one infrastructure manager, in particular for international traffic. In that context, it would appear desirable ultimately to create a European regulatory body.
Amendment 237 #
Proposal for a directive
Recital 50
Recital 50
(50) It is important to ensure better coordination of allocation schemes in order to improve the attractiveness of rail for traffic which uses the network of more than one infrastructure manager, in particular for international traffic. In that context, it would appear desirable ultimately to create a European regulatory body.
Amendment 250 #
Proposal for a directive
Recital 63
Recital 63
(63) The efficient management and fair and non-discriminatory use of rail infrastructure require the establishment of anational regulatory bodyies that oversees the application of the rules set out in this Directive and act as an appeal body, notwithstanding the possibility of judicial review.
Amendment 250 #
Proposal for a directive
Recital 63
Recital 63
(63) The efficient management and fair and non-discriminatory use of rail infrastructure require the establishment of anational regulatory bodyies that oversees the application of the rules set out in this Directive and act as an appeal body, notwithstanding the possibility of judicial review.
Amendment 269 #
Proposal for a directive
Article 2 – paragraph 4
Article 2 – paragraph 4
4. This Directive does not apply to undertakings the train operations of which are limited to providing solely shuttle services for road vehicles through the Channel Tunnel and transport operations in the form of shuttle services for road vehicles through the Channel Tunnel, transport operations through the Channel Tunnel and the undertakings which operate those services, except Articles 6(1), 10, 11, 12 and 28.
Amendment 269 #
Proposal for a directive
Article 2 – paragraph 4
Article 2 – paragraph 4
4. This Directive does not apply to undertakings the train operations of which are limited to providing solely shuttle services for road vehicles through the Channel Tunnel and transport operations in the form of shuttle services for road vehicles through the Channel Tunnel, transport operations through the Channel Tunnel and the undertakings which operate those services, except Articles 6(1), 10, 11, 12 and 28.
Amendment 276 #
Proposal for a directive
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
5) ‘international passenger service’ means a passenger service where the train crosses at least one border of a Member State and where the principal purpose of the service is to carry passengers between stations located in different Member States; the train may be joined and/or split, and the different sections may have different origins and destinations, provided that all carriages cross at least one border; cross- border urban, suburban and regional transport services operated in the context of Regulation (EC) No 1370/2007 are not international passenger transport services;
Amendment 276 #
Proposal for a directive
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
5) ‘international passenger service’ means a passenger service where the train crosses at least one border of a Member State and where the principal purpose of the service is to carry passengers between stations located in different Member States; the train may be joined and/or split, and the different sections may have different origins and destinations, provided that all carriages cross at least one border; cross- border urban, suburban and regional transport services operated in the context of Regulation (EC) No 1370/2007 are not international passenger transport services;
Amendment 297 #
Proposal for a directive
Article 5 – paragraph 3 – point e
Article 5 – paragraph 3 – point e
e) establish new activities in fields associated with the railway business., without prejudice to the provisions of this Directive;
Amendment 297 #
Proposal for a directive
Article 5 – paragraph 3 – point e
Article 5 – paragraph 3 – point e
e) establish new activities in fields associated with the railway business., without prejudice to the provisions of this Directive;
Amendment 301 #
Proposal for a directive
Article 6 – title
Article 6 – title
Amendment 301 #
Proposal for a directive
Article 6 – title
Article 6 – title
Amendment 349 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Within the framework of general policy determined by the State and taking into account the rail infrastructure development strategy referred to in paragraph 1, the infrastructure manager shall adopt a business plan including investment and financial programmes. The plan shall be designed to ensure optimal and efficient use, provision and development of the infrastructure while ensuring financial balance and providing means for these objectives to be achieved. The infrastructure manager shall ensure that applicants are consulted before the businvesstment plan is approved. The regulatory body referred to in Article 55 shall issue a non-binding opinion on whether the business plan is appropriate to achieve these objectives.
Amendment 349 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Within the framework of general policy determined by the State and taking into account the rail infrastructure development strategy referred to in paragraph 1, the infrastructure manager shall adopt a business plan including investment and financial programmes. The plan shall be designed to ensure optimal and efficient use, provision and development of the infrastructure while ensuring financial balance and providing means for these objectives to be achieved. The infrastructure manager shall ensure that applicants are consulted before the businvesstment plan is approved. The regulatory body referred to in Article 55 shall issue a non-binding opinion on whether the business plan is appropriate to achieve these objectives.
Amendment 360 #
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 and national 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 360 #
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 and national 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 362 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
Amendment 362 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
Amendment 364 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 3
Article 10 – paragraph 2 – subparagraph 3
Amendment 364 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 3
Article 10 – paragraph 2 – subparagraph 3
Amendment 387 #
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 and/or national 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 387 #
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 and/or national 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 414 #
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 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 facilityIn cases of dispute, the regulatory body referred to in Article 55 shall reach a decision on the basis of information submitted by the two parties. The operator of the service facility shall, in any case, give its reasons for its decision to deny access.
Amendment 414 #
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 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 facilityIn cases of dispute, the regulatory body referred to in Article 55 shall reach a decision on the basis of information submitted by the two parties. The operator of the service facility shall, in any case, give its reasons for its decision to deny access.
Amendment 461 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. In this context, the Commission shall closely involve representatives of the Member States, the European Parliament, the European Railway Agency and of the sectors concerned in its work, including users, so that they are able better to monitor the development of the railway sector and the evolution of the market, to assess the effect of the measures adopted and to analyse the impact of the measures planned by the Commission.
Amendment 461 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. In this context, the Commission shall closely involve representatives of the Member States, the European Parliament, the European Railway Agency and of the sectors concerned in its work, including users, so that they are able better to monitor the development of the railway sector and the evolution of the market, to assess the effect of the measures adopted and to analyse the impact of the measures planned by the Commission.
Amendment 467 #
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 and the degree of harmonisation betwee, particularly in the field of social rights, between and within Member States. It shall ensure active cooperation between the appropriate regulatory bodies in the Member States.
Amendment 467 #
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 and the degree of harmonisation betwee, particularly in the field of social rights, between and within Member States. It shall ensure active cooperation between the appropriate regulatory bodies in the Member States.
Amendment 468 #
Proposal for a directive
Article 15 – paragraph 4 – introductory part
Article 15 – paragraph 4 – introductory part
4. The Commission shall report on a regular basis, and at least once every four years, to the European Parliament and the Council on:
Amendment 468 #
Proposal for a directive
Article 15 – paragraph 4 – introductory part
Article 15 – paragraph 4 – introductory part
4. The Commission shall report on a regular basis, and at least once every four years, to the European Parliament and the Council on:
Amendment 490 #
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The infrastructure manager shall, after consultation with the interested parties, including the regulatory body referred to in Article 55, develop and publish a network statement obtainable against payment of a fee which shall not exceed the cost of publication of that statement. The network statement shall be published in at least two official languages of the Unionhe Commission's three working languages. The content of the network statement shall be made available free of charge in electronic format through the web portal of the European Railway Agency.
Amendment 490 #
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The infrastructure manager shall, after consultation with the interested parties, including the regulatory body referred to in Article 55, develop and publish a network statement obtainable against payment of a fee which shall not exceed the cost of publication of that statement. The network statement shall be published in at least two official languages of the Unionhe Commission's three working languages. The content of the network statement shall be made available free of charge in electronic format through the web portal of the European Railway Agency.
Amendment 497 #
Proposal for a directive
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Member States shall ensure that paragraph 1 is implemented through a contractual agreement between the competent authority and the infrastructure manager covering a period of not less than five years which provides for State funding and contains indicative forecasts of the level of charges.
Amendment 497 #
Proposal for a directive
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Member States shall ensure that paragraph 1 is implemented through a contractual agreement between the competent authority and the infrastructure manager covering a period of not less than five years which provides for State funding and contains indicative forecasts of the level of charges.
Amendment 505 #
Proposal for a directive
Article 30 – paragraph 3 – subparagraph 6 a (new)
Article 30 – paragraph 3 – subparagraph 6 a (new)
A contractual agreement may be revised only after approval by the regulatory authority. This must check the need for and urgency of a revision of the contract and the financial architecture of the new contract. Member States must consult interested parties at least one month before the revision is signed and publish the document within one month of concluding it.
Amendment 505 #
Proposal for a directive
Article 30 – paragraph 3 – subparagraph 6 a (new)
Article 30 – paragraph 3 – subparagraph 6 a (new)
A contractual agreement may be revised only after approval by the regulatory authority. This must check the need for and urgency of a revision of the contract and the financial architecture of the new contract. Member States must consult interested parties at least one month before the revision is signed and publish the document within one month of concluding it.
Amendment 509 #
Proposal for a directive
Article 31 – paragraph 3 – subparagraph 1
Article 31 – paragraph 3 – subparagraph 1
Without prejudice to paragraphs 4 or 5 of this Article or to Article 32, the charges for the minimum access package shall be set at the cost that is directly incurred as a result of operating the train service , according to Annex VIII, point 1 . Except in the case provided for in paragraph 5, the infrastructure manager may not apply a level of charges exceeding the overall infrastructure cost, by market segment.
Amendment 509 #
Proposal for a directive
Article 31 – paragraph 3 – subparagraph 1
Article 31 – paragraph 3 – subparagraph 1
Without prejudice to paragraphs 4 or 5 of this Article or to Article 32, the charges for the minimum access package shall be set at the cost that is directly incurred as a result of operating the train service , according to Annex VIII, point 1 . Except in the case provided for in paragraph 5, the infrastructure manager may not apply a level of charges exceeding the overall infrastructure cost, by market segment.
Amendment 515 #
Proposal for a directive
Article 31 – paragraph 5 – subparagraph 1
Article 31 – paragraph 5 – subparagraph 1
When charginga Member State applies charging for other modes of transport for the cost of noise effects, isn allowed byccordance with Union legislation for road freight transport, the infrastructure charges in that Member State shall be modified to take account of the cost of noise effects caused by the operation of the train in accordance with Annex VIII, point 2.
Amendment 515 #
Proposal for a directive
Article 31 – paragraph 5 – subparagraph 1
Article 31 – paragraph 5 – subparagraph 1
When charginga Member State applies charging for other modes of transport for the cost of noise effects, isn allowed byccordance with Union legislation for road freight transport, the infrastructure charges in that Member State shall be modified to take account of the cost of noise effects caused by the operation of the train in accordance with Annex VIII, point 2.
Amendment 525 #
Proposal for a directive
Article 31 – paragraph 5 – subparagraph 2
Article 31 – paragraph 5 – subparagraph 2
Annex VIII, point 2 may be amended in the light of experience, in accordance with the procedure referred to in Article 60, in particular to specify the elements of differentiated infrastructure charges, provided that this does not lead to a distortion of competition to the detriment of rail transport.
Amendment 525 #
Proposal for a directive
Article 31 – paragraph 5 – subparagraph 2
Article 31 – paragraph 5 – subparagraph 2
Annex VIII, point 2 may be amended in the light of experience, in accordance with the procedure referred to in Article 60, in particular to specify the elements of differentiated infrastructure charges, provided that this does not lead to a distortion of competition to the detriment of rail transport.
Amendment 529 #
Proposal for a directive
Article 31 – paragraph 5 – subparagraph 5
Article 31 – paragraph 5 – subparagraph 5
If charging for environmental costs generates additional revenue, it shall be for Member States to decide how the revenue is to be used for the benefit of transport systems. The relevant authorities shall keep the necessary information to ensure that the origin of the charging of environmental costs and its use can be traced. Member States shall provide the Commission with this information on a regular basis.
Amendment 529 #
Proposal for a directive
Article 31 – paragraph 5 – subparagraph 5
Article 31 – paragraph 5 – subparagraph 5
If charging for environmental costs generates additional revenue, it shall be for Member States to decide how the revenue is to be used for the benefit of transport systems. The relevant authorities shall keep the necessary information to ensure that the origin of the charging of environmental costs and its use can be traced. Member States shall provide the Commission with this information on a regular basis.
Amendment 537 #
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, if the market segment can bear this, authorise the infrastructure manager to levy mark-ups on the basis of efficient, transparent and non- discriminatory principles, while guaranteeing optimalum competitiveness in particular of international rail freight. The charging system shall respect the productivity increases achieved by railway undertakings.
Amendment 537 #
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, if the market segment can bear this, authorise the infrastructure manager to levy mark-ups on the basis of efficient, transparent and non- discriminatory principles, while guaranteeing optimalum competitiveness in particular of international rail freight. The charging system shall respect the productivity increases achieved by railway undertakings.
Amendment 553 #
Proposal for a directive
Article 38 – paragraph 4
Article 38 – paragraph 4
4. When an applicant intends to request infrastructure capacity with a view to operating an international and/or national passenger service as defined in Article 2 , it shall inform the infrastructure managers and the regulatory bodies concerned. In order to enable them to assess whether the purpose of the international service is to carry passengers between stations located in different Member States, and what the potential economic impact on existing public service contracts is, regulatory bodies 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 a right to limit access under Article 9(3) and any railway undertaking performing the public service contract on the route of thatis international and/or national passenger service is informed.
Amendment 553 #
Proposal for a directive
Article 38 – paragraph 4
Article 38 – paragraph 4
4. When an applicant intends to request infrastructure capacity with a view to operating an international and/or national passenger service as defined in Article 2 , it shall inform the infrastructure managers and the regulatory bodies concerned. In order to enable them to assess whether the purpose of the international service is to carry passengers between stations located in different Member States, and what the potential economic impact on existing public service contracts is, regulatory bodies 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 a right to limit access under Article 9(3) and any railway undertaking performing the public service contract on the route of thatis international and/or national passenger service is informed.
Amendment 554 #
Proposal for a directive
Article 40 – paragraph 1 – subparagraph 2
Article 40 – paragraph 1 – subparagraph 2
Member States shall ensure that representatives of infrastructure managers whose allocation decisions have an impact on other infrastructure managers associate in order to coordinate the allocation of or to allocate all relevant infrastructure capacity at an international level , without prejudice to the specific rules contained in Union legislation on rail freight oriented networks . The participants in this cooperation shall ensure that its membership, methods of operation and all relevant criteria which are used for assessing and allocating infrastructure capacity be made publicly available. Appropriate representatives of infrastructure managers from third countries may be associated with these procedures.
Amendment 554 #
Proposal for a directive
Article 40 – paragraph 1 – subparagraph 2
Article 40 – paragraph 1 – subparagraph 2
Member States shall ensure that representatives of infrastructure managers whose allocation decisions have an impact on other infrastructure managers associate in order to coordinate the allocation of or to allocate all relevant infrastructure capacity at an international level , without prejudice to the specific rules contained in Union legislation on rail freight oriented networks . The participants in this cooperation shall ensure that its membership, methods of operation and all relevant criteria which are used for assessing and allocating infrastructure capacity be made publicly available. Appropriate representatives of infrastructure managers from third countries may be associated with these procedures.
Amendment 560 #
Proposal for a directive
Article 40 – paragraph 3
Article 40 – paragraph 3
3. At any meeting or other activity undertaken to permit the allocation of infrastructure capacity for trans-network train services, decisions shall only be taken by representatives of infrastructure managers. In case of disagreement between the representatives of the infrastructure managers, the matter shall be referred to the network of regulatory bodies defined in Article 57 for arbitration.
Amendment 560 #
Proposal for a directive
Article 40 – paragraph 3
Article 40 – paragraph 3
3. At any meeting or other activity undertaken to permit the allocation of infrastructure capacity for trans-network train services, decisions shall only be taken by representatives of infrastructure managers. In case of disagreement byetween the representatives of the infrastructure managers, the matter shall be referred to the network of regulatory bodies defined in Article 57 for arbitration.
Amendment 561 #
Proposal for a directive
Article 40 – paragraph 4
Article 40 – paragraph 4
Amendment 561 #
Proposal for a directive
Article 40 – paragraph 4
Article 40 – paragraph 4
Amendment 574 #
Proposal for a directive
Article 46 – paragraph 6
Article 46 – paragraph 6
6. Without prejudice to the existing appeal procedures and to Article 56, in the eventthe provisions of this Directive, in case of disputes relating to the allocation of infrastructure capacity, a dispute resolution system shall be made available in order to resolve such disputes promptly. This system shall be set out in the network statement. If this system is applied, a decision shall be reached within a time limit of 10 working days.
Amendment 574 #
Proposal for a directive
Article 46 – paragraph 6
Article 46 – paragraph 6
6. Without prejudice to the existing appeal procedures and to Article 56, in the eventthe provisions of this Directive, in case of disputes relating to the allocation of infrastructure capacity, a dispute resolution system shall be made available in order to resolve such disputes promptly. This system shall be set out in the network statement. If this system is applied, a decision shall be reached within a time limit of 10 working days.
Amendment 579 #
Proposal for a directive
Article 51 – paragraph 2 – subparagraph 4 a (new)
Article 51 – paragraph 2 – subparagraph 4 a (new)
Where a trans-European network or a train path having a significant impact on one or several trans-European networks is congested, the network of regulatory bodies defined in Article 57 may issue an opinion on whether the actions in the plan are appropriate.
Amendment 579 #
Proposal for a directive
Article 51 – paragraph 2 – subparagraph 4 a (new)
Article 51 – paragraph 2 – subparagraph 4 a (new)
Where a trans-European network or a train path having a significant impact on one or several trans-European networks is congested, the network of regulatory bodies defined in Article 57 may issue an opinion on whether the actions in the plan are appropriate.
Amendment 580 #
Proposal for a directive
Article 52 – paragraph 2
Article 52 – paragraph 2
2. For congested infrastructure in particular, the infrastructure manager shall require the surrender of a train paths which, over a period of at least one month, hasve been used less than a threshold quota to be laid down in the network statement, unless this was due to non-economic reasons beyond the operator's control. The infrastructure manager shall first consult the railway undertaking in order to obtain information about the insufficient use of these train paths.
Amendment 580 #
Proposal for a directive
Article 52 – paragraph 2
Article 52 – paragraph 2
2. For congested infrastructure in particular, the infrastructure manager shall require the surrender of a train paths which, over a period of at least one month, hasve been used less than a threshold quota to be laid down in the network statement, unless this was due to non-economic reasons beyond the operator's control. The infrastructure manager shall first consult the railway undertaking in order to obtain information about the insufficient use of these train paths.
Amendment 583 #
Proposal for a directive
Article 54 – paragraph 3
Article 54 – paragraph 3
3. Member States may require railway undertakings to be involved in assuring the enforcement and monitoring of their own compliance with the safety standards and rules. Save in the case of force majeure, including urgent safety-critical work, a train path allocated to a freight operation pursuant to this Article may not be cancelled less than two months before its scheduled time in the working timetable if the applicant concerned does not give its approval for such cancellation. In such a case the infrastructure manager concerned shall make an effort to propose to the applicant a train path of an equivalent quality and reliability which the applicant has the right to accept or refuse. If the applicant refuses, he shall be entitled at least to reimbursement of the corresponding charge.
Amendment 583 #
Proposal for a directive
Article 54 – paragraph 3
Article 54 – paragraph 3
3. Member States may require railway undertakings to be involved in assuring the enforcement and monitoring of their own compliance with the safety standards and rulesSave in the case of force majeure, including urgent safety-critical work, a train path allocated to a freight operation pursuant to this Article may not be cancelled less than two months before its scheduled time in the working timetable if the applicant concerned does not give its approval for such cancellation. In such a case the infrastructure manager concerned shall make an effort to propose to the applicant a train path of an equivalent quality and reliability which the applicant has the right to accept or refuse. If the applicant refuses, he shall be entitled at least to reimbursement of the corresponding charge.
Amendment 584 #
Proposal for a directive
Section 4 – title
Section 4 – title
Regulatory bodyies
Amendment 584 #
Proposal for a directive
Section 4 – title
Section 4 – title
Regulatory bodyies
Amendment 585 #
Proposal for a directive
Article 55 – title
Article 55 – title
Amendment 585 #
Proposal for a directive
Article 55 – title
Article 55 – title
Amendment 594 #
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 jointly by the national parliament, administrative and/or ordinary courts, and national consultative assemblies, with no possibility of dismissal, 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 594 #
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 jointly by the national parliament, administrative and/or ordinary courts, and national consultative assemblies, with no possibility of dismissal, 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 599 #
Proposal for a directive
Article 56 – title
Article 56 – title
Functions of thenational regulatory bodyies
Amendment 599 #
Proposal for a directive
Article 56 – title
Article 56 – title
Functions of thenational regulatory bodyies
Amendment 621 #
Proposal for a directive
Article 56 – paragraph 8 – subparagraph 2
Article 56 – paragraph 8 – subparagraph 2
Member States shall ensure that infrastructure managers and all undertakings or other entities performing or integrating different types of rail transport or infrastructure management, including providers of essential services, as referred to in Article 6(1) and (2) shall provide detailed regulatory accounts to the regulatory body so that it can carry out its different tasks. These regulatory accounts must contain at least the elements set out in Annex X. The regulatory body may also draw conclusions from these accounts concerning state aid issues which it shall report to the authorities responsible for resolving these issues.
Amendment 621 #
Proposal for a directive
Article 56 – paragraph 8 – subparagraph 2
Article 56 – paragraph 8 – subparagraph 2
Member States shall ensure that infrastructure managers and all undertakings or other entities performing or integrating different types of rail transport or infrastructure management, including providers of essential services, as referred to in Article 6(1) and (2) shall provide detailed regulatory accounts to the regulatory body so that it can carry out its different tasks. These regulatory accounts must contain at least the elements set out in Annex X. The regulatory body may also draw conclusions from these accounts concerning state aid issues which it shall report to the authorities responsible for resolving these issues.
Amendment 626 #
Proposal for a directive
Article 57 – paragraph 1
Article 57 – paragraph 1
1. The national regulatory bodies shall formally establish a network in order to exchange information about their work and decision-making principles and practice and otherwise cooperate for the purpose of coordinating their decision-making acrosswith a view to coordinating and harmonising them within the Union. For this purpose they shall work toge, and to pursue their in a networking group that convenes at regular intervals. The Commission shall support the regulatory bodies in this taskactivities, they shall hold regular meetings on the initiative of, and chaired by, the European Commission.
Amendment 626 #
Proposal for a directive
Article 57 – paragraph 1
Article 57 – paragraph 1
1. The national regulatory bodies shall formally establish a network in order to exchange information about their work and decision-making principles and practice and otherwise cooperate for the purpose of coordinating their decision-making across with a view to coordinating and harmonising them within the Union. For this purpose they shall work toge, and to pursue their in a networking group that convenes at regular intervals. The Commission shall support the regulatory bodies in this taskactivities, they shall hold regular meetings on the initiative of, and chaired by, the European Commission.
Amendment 629 #
Proposal for a directive
Article 57 – paragraph 3
Article 57 – paragraph 3
3. In the case of a complaint or an own- initiative investigation on issues of access or charging relating to an international train path, as well as in the framework of monitoring competition on the market related to international rail transport services, the regulatory body concerned shall consult the regulatory bodies of all other Member States through which the international train path concerned runs and request all necessary information from them before taking its decision. The network of regulatory bodies shall also deliver an opinion.
Amendment 629 #
Proposal for a directive
Article 57 – paragraph 3
Article 57 – paragraph 3
3. In the case of a complaint or an own- initiative investigation on issues of access or charging relating to an international train path, as well as in the framework of monitoring competition on the market related to international rail transport services, the regulatory body concerned shall consult the regulatory bodies of all other Member States through which the international train path concerned runs and request all necessary information from them before taking its decision. The network of regulatory bodies shall also deliver an opinion.
Amendment 641 #
Proposal for a directive
Article 57 a (new)
Article 57 a (new)
Amendment 641 #
Proposal for a directive
Article 57 a (new)
Article 57 a (new)
Article 57a: European regulatory body In the light of the experience acquired with the network of regulatory bodies, the Commission shall, no later than five years after the enforcement of this Directive, draw up a legislative proposal establishing a European regulatory body with a supervisory and arbitration function in respect of supranational problems and an appeal function in respect of decisions taken by national regulatory bodies.
Amendment 677 #
Proposal for a directive
Annex III – point 2 – introductory part
Annex III – point 2 – introductory part
2. Access shall also be given to services facilities and the supply ofexisting services in the following facilities:
Amendment 677 #
Proposal for a directive
Annex III – point 2 – introductory part
Annex III – point 2 – introductory part
2. Access shall also be given to services facilities and the supply ofexisting services in the following facilities:
Amendment 678 #
Proposal for a directive
Annex III – point 2 – subpoint a
Annex III – point 2 – subpoint a
(a) passenger stations, their buildings and other facilities, including ticketing and travel information; suitable premises for ticket sales and travel information services; in addition, the individual models for information and ticket sale services should, at least to some extent, be standardised and/or coordinated in order to make for ease of use by passengers;
Amendment 678 #
Proposal for a directive
Annex III – point 2 – subpoint a
Annex III – point 2 – subpoint a
(a) passenger stations, their buildings and other facilities, including ticketing and travel informationsuitable premises for ticket sales and travel information services; in addition, the individual models for information and ticket sale services should, at least to some extent, be standardised and/or coordinated in order to make for ease of use by passengers;
Amendment 684 #
Proposal for a directive
Annex III – point 2 – subpoint f
Annex III – point 2 – subpoint f
(f) light maintenance and other technical facilities, including repairs, to enable commercial service to continue;
Amendment 684 #
Proposal for a directive
Annex III – point 2 – subpoint f
Annex III – point 2 – subpoint f
(f) light maintenance and other technical facilities, including repairs, to enable commercial service to continue;
Amendment 689 #
Proposal for a directive
Annex III – point 2 – subpoint h a (new)
Annex III – point 2 – subpoint h a (new)
(ha) refuelling facilities;
Amendment 689 #
Proposal for a directive
Annex III – point 2 – subpoint h a (new)
Annex III – point 2 – subpoint h a (new)
(ha) refuelling facilities;
Amendment 691 #
Proposal for a directive
Annex III – point 3 – subpoint a
Annex III – point 3 – subpoint a
(a) traction current, charges for which shall be shown on the invoices separately from charges for using the electrical supply equipment ; if a railway undertaking has chosen to buy the traction current for its trains from the infrastructure manager rather than going directly to one or more suppliers on the electricity market. The infrastructure manager’s invoices shall contain separate entries in this case for the traction current supplied and in every case for charges for using the electrical supply equipment, electricity losses in the infrastructure manager’s facilities, and charges for connection to the energy transmission or distribution network;
Amendment 691 #
Proposal for a directive
Annex III – point 3 – subpoint a
Annex III – point 3 – subpoint a
(a) traction current, charges for which shall be shown on the invoices separately from charges for using the electrical supply equipment if a railway undertaking has chosen to buy the traction current for its trains from the infrastructure manager rather than going directly to one or more suppliers on the electricity market. The infrastructure manager’s invoices shall contain separate entries in this case for the traction current supplied and in every case for charges for using the electrical supply equipment, electricity losses in the infrastructure manager’s facilities, and charges for connection to the energy transmission or distribution network;
Amendment 694 #
Proposal for a directive
Annex VI – point 2
Annex VI – 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 other relevant information on access applying to the services listed in Annex III which are provided by only one supplier. It shall detail the methodology, rules and, where applicable, scales used for the application of Articles 31 to 36, as regards both costs and charges . It shall contain information on changes in charges already decided upon or foreseento be proposed in the next five years . It must specify the financial compensation arrangements to be applied in the event of delay, a deterioration in quality, or withdrawal of allocated train paths.
Amendment 694 #
Proposal for a directive
Annex VI – point 2
Annex VI – 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 other relevant information on access applying to the services listed in Annex III which are provided by only one supplier. It shall detail the methodology, rules and, where applicable, scales used for the application of Articles 31 to 36, as regards both costs and charges . It shall contain information on changes in charges already decided upon or foreseento be proposed in the next five years . It must specify the financial compensation arrangements to be applied in the event of delay, a deterioration in quality, or withdrawal of allocated train paths.
Amendment 707 #
Proposal for a directive
Annex VIII – point 1 a (new)
Annex VIII – point 1 a (new)
1a. The infrastructure manager must submit the direct cost calculation to the regulatory body for an opinion, specifying the cost parameters and factors.
Amendment 707 #
Proposal for a directive
Annex VIII – point 1 a (new)
Annex VIII – point 1 a (new)
1a. The infrastructure manager must submit the direct cost calculation to the regulatory body for an opinion, specifying the cost parameters and factors.
Amendment 713 #
Proposal for a directive
Annex VIII – point 3 – subparagraph 1 (new)
Annex VIII – point 3 – subparagraph 1 (new)
Supplements shall be such that they will not significantly affect rail transport on the segment concerned compared with other modes of transport.
Amendment 713 #
Proposal for a directive
Annex VIII – point 3 – subparagraph 1 (new)
Annex VIII – point 3 – subparagraph 1 (new)
Supplements shall be such that they will not significantly affect rail transport on the segment concerned compared with other modes of transport.
Amendment 714 #
Proposal for a directive
Annex VIII – point 3 – subpoint g a (new)
Annex VIII – point 3 – subpoint g a (new)
(ga) services covered by public service contracts vs open-access services.
Amendment 714 #
Proposal for a directive
Annex VIII – point 3 – subpoint g a (new)
Annex VIII – point 3 – subpoint g a (new)
(ga) services covered by public service contracts vs open-access services.
Amendment 715 #
Proposal for a directive
Annex VIII – point 3 – subpoint g b (new)
Annex VIII – point 3 – subpoint g b (new)
(gb) high-speed trains vs conventional trains.
Amendment 715 #
Proposal for a directive
Annex VIII – point 3 – subpoint g b (new)
Annex VIII – point 3 – subpoint g b (new)
(gb) high-speed trains vs conventional trains.
Amendment 717 #
Proposal for a directive
Annexe VIII – point 5 – Table 1
Annexe VIII – point 5 – Table 1
For freight transport: Year Discount 2015 510% 2016 510% 2017 510% 2018 7.5% 2019 57% 2020 6.5% 2021 45% 2022 3.5% 2023 2.5% 2024 12%
Amendment 717 #
Proposal for a directive
Annexe VIII – point 5 – Table 1
Annexe VIII – point 5 – Table 1
For freight transport: Year Discount 2015 510% 2016 510% 2017 510% 2018 7.5% 2019 57% 2020 6.5% 2021 45% 2022 3.5% 2023 2.5% 2024 12%