Procedure completed
2010/0253(COD) Single European railway area. Recast
Lead committee dossier: TRAN/7/08178
Legal Basis TFEU 091
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Opinion | JURI | KARIM Sajjad (ECR) | |
| Lead | TRAN | SERRACCHIANI Debora (S&D) | KUHN Werner (PPE), TREMOSA I BALCELLS Ramon (ALDE), CRAMER Michael (Verts/ALE), ZĪLE Roberts (ECR), WILS Sabine (GUE/NGL) |
| Lead | TRAN | SERRACCHIANI Debora (S&D) |
Legal Basis TFEU 091
Activites
- 2012/12/14 Final act published in Official Journal
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2012/11/21
Final act signed
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2012/11/21
End of procedure in Parliament
- #3196
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2012/10/29
Council Meeting
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2012/07/03
Results of vote in Parliament
- Results of vote in Parliament
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T7-0270/2012
summary
The European Parliament adopted a legislative resolution 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). Parliament reached its position in second reading following the ordinary legislative procedure. The amendments adopted in plenary are the result of a compromise negotiated with the Council. They amend the Council’s position as follows: Exclusions from the scope: the amended text stipulates that Member States may decide time periods and deadlines for the schedule for capacity allocation different from those referred to in the Directive if the establishment of international train paths in cooperation with infrastructure managers of third countries on a network whose track gauge is different from the main rail network within the Union has a significant impact on the schedule for capacity allocation in general. In addition, Member States may exclude from the application of Article 32(4) (Exceptions to charging principles) trains not equipped with the ETCS and used for regional passenger services which have been placed into service for the first time before 1985. Management of the railway undertakings according to commercial principles: as requested by Parliament, the shareholders of publicly owned or controlled railway undertakings shall be able to require their own prior approval for major business management decisions in the same way as shareholders of private joint-stock companies under the rules of the company law of Member States. The provisions in this regard shall be without prejudice to the powers of supervisory bodies under this company law relating to the appointment of board members. Separation of accounts: the accounts for the different areas of activity shall be kept in a way that allows for monitoring of the prohibition on transferring public funds paid to one area of activity to another and the monitoring of the use of income from infrastructure charges and surpluses from other commercial activities. Financing of the infrastructure manager: the text provides that after consultation with the interested parties, an indicative rail infrastructure development strategy with a view to meeting future mobility needs in terms of maintenance, renewal and development of the infrastructure based on sustainable financing of the railway system shall be published two years within the entry into force of the Directive. Member States shall ensure that, under normal business conditions and over a reasonable period which shall not exceed a period of five years, the profit and loss accounts of an infrastructure manager shall at least balance income from infrastructure charges, surpluses from other commercial activities, non refundable incomes from private sources and State funding on the one hand, including advance payments from the State, where appropriate, and infrastructure expenditure, on the other hand. Conditions of access to railway infrastructure: the new Directive stipulates that, following the request from the relevant competent authorities or interested railway undertakings, the relevant regulatory body or bodies shall determine whether the principal purpose of the service is to carry passengers between stations located in different Member States. Based on the experience of regulatory bodies, competent authorities and railway undertakings and based on the activities of the network referred to in the Directive, the Commission shall adopt within 18 months after the deadline for transposition measures setting out the details of the procedure and criteria to be followed for the application of this provision. Limitation of the right of access and of the right to pick up and set down passengers: the amended text stipulates that the regulatory body shall consider the information provided by these parties, and, as appropriate, shall ask for relevant information and initiate consultation with all relevant parties, within one month from the receipt of the request. The regulatory body shall consult 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 six weeks of receipt of all relevant information. The Commission shall adopt within 18 months after the deadline for transposition, measures setting out the details of the procedure and criteria to be followed for the application of these provisions. Levy on railway undertakings providing passenger services: based on the experience of regulatory bodies, competent authorities and railway undertakings and based on the activities of the network referred to in the Directive, the Commission shall adopt measures setting out the details of the procedure and criteria to be followed for the application of the relevant provisions. Conditions of access to services: infrastructure managers shall supply to all railway undertakings, in a non-discriminatory manner, the minimum access package laid down in point 1 of Annex II. Requests by railway undertakings for access to, and supply of services in the service facility shall be answered within a reasonable time limit set by the regulatory body. Such requests may only be refused if there are viable alternatives allowing them to operate the freight or passenger service concerned on the same or alternative routes under economically acceptable conditions. Where requests by railway undertakings concern access to, and supply of services in a service facility managed by an operator of the service facility, the operator of the service facility shall justify in written form any decision of refusal and indicate viable alternatives in other facilities. Where a service facility has not been in use for at least two 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. Scope of market monitoring: in this context, the Commission shall closely involve representatives of the Member States, including representatives of the regulatory bodies, and of the sectors concerned in its work, including, where appropriate, the railways sector's social partners, users and local and regional authorities representatives. Where appropriate, the Commission shall also involve the European Railway Agency. The Commission shall monitor the use of the networks and the evolution of framework conditions in the rail sector, in particular investments made in railway infrastructure, the degree of market opening and harmonisation between Member States, as well as the development of employment and the related social conditions in the rail sector. These monitoring activities are without prejudice to similar activities existing in Member States and to the role of social partners. General conditions for obtaining a licence: the Commission shall adopt measures setting out the details for the use of a common template for the licence and, if needed to ensure fair and efficient competition in rail transport markets, details on the procedure to be followed for the application of the provisions in this regard. Requirements relating to cover for civil liability: notwithstanding the obligation to provide adequate guarantees, the specificities and the risk-profile of different types of services, in particular of railway operations for cultural or heritage purposes, may be taken into account. Infrastructure cost and accounts: as requested by Parliament, Member States shall ensure that a contractual agreement, fulfilling the basic principles and parameters set out in Annex V, is concluded between the competent authority and the infrastructure manager covering a period of not less than five years. Principles of charging: the Commission shall adopt implementing measures setting out the modalities to be followed for the application of the charging for the cost of noise effects. Those implementing acts shall not result in undue distortion of competition between railway undertakings and affect the overall competitiveness of the rail sector. Furthermore, any such modification of infrastructure charges to take account of the cost of noise effects shall support the retrofitting of wagons with the most economically viable low-noise braking technology available. Exceptions to charging principles: in order to obtain full recovery of the costs incurred by the infrastructure manager a Member State may, if the market can bear this, levy mark-ups on the basis of efficient, transparent and non-discriminatory principles, while guaranteeing optimal competitiveness of rail market segments. An amendment stipulates that the infrastructure charges for the use of railway corridors which are specified in Commission Decision 2009/561/EC amending Decision 2006/679/EC as regards technical specifications for interoperability relating to subsystems of the trans-European conventional and high-speed rail systems shall be differentiated to give incentives to equip trains with the ETCS. Such differentiation shall not result in any overall change in revenue for the infrastructure manager. Reservation charges: charges levied for capacity that is allocated but not used shall provide incentives for efficient use of capacity. The levy of such a charge on applicants that were allocated a train path shall be mandatory in case of their regular failure to use allocated paths or part of them. For the imposition of this charge, the infrastructure managers shall publish in their network statement the criteria to determine such failure to use. Regulatory body: the Directive provides that Member States shall ensure that the persons in charge of decisions to be taken by the regulatory body are appointed under clear and transparent rules which guarantee their independence by the national cabinet or council of ministers or by any other public authority which does not directly exert ownership rights over regulated undertakings. These persons should: make an annual declaration of commitment and declaration of interests indicating any direct or indirect interests that may be considered prejudicial to their independence and influence the performance of a function; withdraw from decision-making in cases which concern an undertaking with which they had a direct or indirect relation during the year before the launch of a procedure; after their term in the regulatory body, have no professional position or responsibility with any of the regulated undertakings or entities for a period of not less than one year; not have any interest or business relationship with any of the regulated undertakings or entities, and do not seek or take instructions from any government or other public or private entity when carrying out the functions of the regulatory body. Functions of the regulatory body: the regulatory body shall cooperate closely with the national safety authority within the meaning of Directive 2008/57/EC on the interoperability of the rail system within the Community, and the licensing authority within the meaning of the Directive. Member States shall ensure that these authorities jointly develop a framework for information-sharing and cooperation aimed at preventing adverse effects on competition or safety in the railway market. This framework shall include a mechanism for the regulatory body to provide the national safety and licensing authorities with recommendations on issues that may affect competition in the railway market. The regulatory body shall regularly, and in any case at least every two years, consult representatives of users of the rail freight and passenger transport services, to take into account their views on the rail market. The regulatory body shall consider any complaints and, as appropriate, shall ask for relevant information and initiate consultations with all relevant parties, within one month from the receipt of the complaint. Cooperation between regulatory bodies: the regulatory bodies shall exchange information about their work and decision-making principles and practice and in particular exchange information on the main issues of their procedures and problems of interpretation of transposed EU railway law. They shall cooperate for the purpose of coordinating their decision-making across the Union. The Commission shall be a member, coordinate and support the work of the network and make recommendations to the network, as appropriate. Reports: the Commission shall, if appropriate, propose legislative measures in relation to the opening of the domestic rail passenger market and to develop appropriate conditions to ensure non-discriminatory access to the infrastructure, building on the existing separation requirements between infrastructure management and transport operations, and shall assess the impact of any such measures. In light of the experience acquired through the network of regulatory bodies, the Commission shall no later than two years after the entry into force of the Directive, submit a report on the cooperation between regulatory bodies. It shall, if appropriate, propose complementary measures to ensure a more integrated regulatory oversight of the European rail market, in particular for international services. To that aim, legislative measures shall also be considered, if appropriate.
- 2012/07/02 Debate in Parliament
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2012/06/07
Committee recommendation tabled for plenary, 2nd reading
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A7-0196/2012
summary
The Committee on Transport and Tourism adopted the recommendation for second reading contained in the report by Debora SERRACCHIANI (S&D, IT) 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). The committee recommends that Parliament’s position in second reading following the ordinary legislative procedure should amend the Council position as follows: Exclusions from the scope: the committee reinstated an amendment from first reading whereby Member States may exclude railway undertakings which only operate rail-freight services on railway infrastructure managed by these undertakings before this Directive enters into force, and which has a gauge different from the dominant network within the Member State, and is connected to a railway infrastructure on the territory of a non-EU State - as long as the managed infrastructure is not identified in Decision No 661/2010/EU on Union guidelines for the development of the trans-European transport network. Infrastructure manager: Members clarified again the essential functions of the infrastructure manager, these are: the decision making on train path allocation, including both the definition and the assessment of availability and the allocation of individual train paths and the decision making on infrastructure charging, including determination and collection of the charges, and investments in infrastructure. Independence of the manager: the infrastructure manager shall manage its own IT services, to ensure that commercially sensitive information is adequately protected. Both railway undertakings and infrastructure managers that are not completely independent of one another must be responsible for their own staff policies. Management of railway undertakings in accordance with commercial standards: Members state that shareholders of publicly owned or controlled railway undertakings shall be able to require their own prior approval for major business management decisions in the same way as shareholders of private joint-stock companies under the rules of the company law of Member States can. These shall be without prejudice to the powers of supervisory bodies under this company law relating to the appointment of board members. Transparent serration of accounts: in order to ensure the development of competition, continued investment and the cost-effectiveness of service provision of the railway sector the separation of accounts should require the organisation of distinct divisions within a single undertaking or the management of infrastructure and transport services by separate entities. The accounts for the different areas of activity shall be kept in a way that allows monitoring of the prohibition on transferring public funds paid to one area of activity to another and the monitoring of the use of income from infrastructure charges and surpluses from other commercial activities. Sound financing of the infrastructure manager: an indicative rail infrastructure development strategy with a view to meeting future mobility needs in terms of maintenance, renewal and development of the infrastructure based on sustainable financing of the railway system shall publish at the latest two years after the entry into force of the Directive, after consultation with interested parties. Whenever revenues are not sufficient to cover the financing needs of the infrastructure manager, without prejudice to the charging framework in the Directive, Member States shall also provide the infrastructure manager with financing consistent with its tasks. Member States shall ensure that, under normal business conditions and over a reasonable period which shall not exceed five years, the profit and loss account of an infrastructure manager shall at least balance income from infrastructure charges, surpluses from other commercial activities, non refundable incomes from private sources and State funding on the one hand, including advance payments from the State, where appropriate, and infrastructure expenditure, on the other hand. Limitations on the right of access: the amended text states that the regulatory body shall consider the information provided by the relevant parties, and, as appropriate shall ask for any relevant additional information and initiate consultation with all relevant parties within one month from the receipt of the request. The regulatory body shall consult 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 ten weeks of receipt of the request. The Commission shall, within 18 months after the deadline for transposition), adopt measures setting out the details of the procedure and criteria to be followed for the application of these provisions. Levy on railway undertakings providing passenger services: based on the experience of regulatory bodies, competent authorities and railway undertakings and based on the activities of the network (and not the working group), the Commission shall adopt measures setting out the details of the procedure and criteria to be followed for the application of these provisions. Conditions of access to services: operators of service facilities shall supply to all railway undertakings access, including track access, to the facilities referred to in Annex III, point 2, and to the services supplied in these facilities in a non-discriminatory manner. Requests by railway undertakings for access to, and supply of services in the service facility shall be answered within a reasonable time limit set by the regulatory body. Such requests may only be rejected if there are viable alternatives allowing them to operate the freight or passenger service concerned on the same routes under economically acceptable conditions. The operator of the service facility shall in written form justify any negative decision and indicate viable alternatives in other facilities. Where a service facility has not been in use for at least two 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. Scope of market monitoring: in this context, the Commission shall closely involve representatives of the Member States, including representatives of the regulatory bodies, and of the sectors concerned in its work, including, where appropriate, the railways sector's social partners, users and local and regional authority representatives. Where appropriate, the Commission shall also involve the European Railway Agency. 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 made in railway infrastructure, the degree of market opening and harmonisation between Member States and the development of employment and the related-social conditions in the rail sector (as required by Parliament.) These monitoring activities are without prejudice to similar activities existing in Member States and to the role of social partners. General requirements for obtaining a licence: Members introduced an amendment stating that in the Member States which border third countries, with the network whose track gauge is different from the main rail network within the Union and whose rail freight markets are dominated by the rail freight carriages to and from third countries, the licensing authorities when making decisions on the issue of licences to railway undertakings which are directly or indirectly effectively controlled through the ownership shares of third countries or nationals of third countries, may take into account the existence or non-existence of reciprocal access for Union rail undertakings to the rail freight market of the respective third country. The Commission shall adopt measures setting out the details for the use of a common template for the licence. Requirements relating to civil liability: notwithstanding the obligation on adequate cover, the specificities and the risk-profile of different types of services, in particular of railway operations for cultural or heritage purposes, may be taken into account. Infrastructure cost and accounts: Member States shall ensure that a contractual agreement, fulfilling the basic principles and parameters set out in Annex V, is concluded between the competent authority and the infrastructure manager covering a period of not less than five years (rather than 3 years.) Members consider that a minimum duration of five years is acceptable as it gives the necessary stability for the railway sector as regards the development of rail infrastructure. Principles of charging: the Commission shall adopt measures setting out the modalities to be followed for the application of the charging for the cost of noise effects. Those implementing measures shall not result in undue distortion of competition between railway undertakings and shall not affect the overall competitiveness of the rail sector. Furthermore, any such modification of infrastructure charges to take account of the cost of noise effects shall support the retrofitting of wagons with the most economically viable low-noise braking technology available. Members ask that before the deadline for transposition, the Commission shall adopt implementing measures setting out the modalities to be followed in the application of the differentiation of the infrastructure charge to ensure that it does not result in a loss of revenue for infrastructure managers. Those implementing measures shall not result in undue distortion of competition between railway undertakings and shall not affect the overall competitiveness of the rail sector. Capacity rights: infrastructure managers may levy an appropriate charge for capacity that is allocated but not used. This non-usage charge shall provide incentives for efficient use of capacity. The levy of such a charge on applicants that were allocated a train path shall be mandatory in the event of their regular failure to use allocated paths or part of them. For the imposition of this charge, the infrastructure managers shall publish in their network statement the criteria to determine such failure to use. Regulatory body: the amended text provides that the president and governing board of the regulatory body for the railway sector shall be appointed by the national or other competent parliament for a fixed and renewable term under clear rules which guarantee independence. The regulatory body shall also cooperate closely with the national safety authority within the meaning of Directive 2008/57/EC, and the licensing authority within the meaning of this Directive. Member States shall ensure that these authorities jointly develop a framework for information-sharing and cooperation aimed at preventing adverse effects on competition or safety in the railway market. This framework shall include a mechanism for the regulatory body to provide the national safety and licensing authorities with non-binding recommendations on issues that may affect competition in the railway market and for the national safety authority to provide the regulatory body and licensing authority with non-binding recommendations on issues that may affect safety. The regulatory body shall regularly, and in any case at least every two years, consult representatives of users of the rail freight and passenger transport services, to take into account their views on the rail market. The regulatory body shall consider any complaints and, as appropriate, ask for relevant information and initiate consultations with all relevant parties, within one month from the receipt of the complaint. European Regulatory Body: in light of the experience acquired through the network of regulatory bodies, the Commission shall no later than two years after the publication of this Directive, submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of Regions a report on the cooperation between regulatory bodies. The Commission shall, if appropriate, propose complementary measures to ensure a more integrated regulatory oversight of the European rail market, especially for supervisory and arbitration functions in particular for international services. To that aim, legislative measures shall also be considered, if appropriate.
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A7-0196/2012
summary
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2012/05/31
Vote in committee, 2nd reading
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2012/03/15
Committee referral announced in Parliament, 2nd reading
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2012/03/09
Council position published
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18581/2/2011
summary
Although the Council agrees with the Commission as regards the objective of the proposal, the Council’s approach involves several modifications of the original proposal. A number of the proposed provisions are not acceptable because they are considered to have a too far-reaching impact, in particular on the conditions for access by railway undertakings to service facilities, on the principles of charging for the use of railway infrastructure and of service facilities as well as on the functions of the regulatory body. Resulting from this approach, the Council's first reading position modifies, to a certain extent, the original Commission proposal by redrafting it and deleting several provisions of the text. This implies that the amendments introduced in the European Parliament’s first-reading opinion related to these deleted provisions cannot be accepted by the Council. Key policy issues are as follows: (1) Conditions of access by railway undertakings to service facilities and to the services supplied in these facilities: in order to provide proper market access for new railway undertakings and thereby increase competition in the railway sector, the Commission proposes to introduce independence requirements, namely legal, organisational and decision-making independence for the management of service facilities and for rail transport provision. The Council considers that the Commission proposal needs to be modified in this respect, in order to replace the reference to "legal independence" by the requirement of independence "in organisational and decision-making terms". More specifically, the Council introduces a distinction between the essential services facilities for which an increased level of competition needs to be guaranteed, on the one hand, and the remaining services facilities, on the other hand. For the latter, the Council provides for the separation of accounts only; for the essential services facilities whose access needs to be improved, the requirement of independence in organisational and decision-making terms is introduced by the Council. Moreover, in its original text, the Commission proposes the introduction of "use-it or lease-it" provisions for the management of rail-related service facilities. When a service facility has not been in use for a certain time period, it must be made available by its owner (on a rent or leave basis) to another interested party. The Council agrees with the proposed approach but suggests setting the time period of three years against two years in the Commission original proposal. In addition, the Council considers that the railway undertaking will have to express to the operator an interest to use the facility which shall be based on demonstrated needs. Finally, the Council adds that the operator shall have the right to prevent the lease and rent of that facility by demonstrating that a process of reconversion is going on. (2) Principles of charging and exceptions to charging principles: Direct costs: the Council supports the principle that the charges for the minimum access package and for access to infrastructure connecting service facilities shall be set at the cost that is directly incurred as a result of operating the train service but considers that Annex VIII-Point 1 is to be removed and that the methodology for the calculation of direct costs incurred as a result of operating the train services is to be adopted through implementing acts in order to ensure the harmonised implementation of this Article. Finally, the Council also introduces the possibility for the infrastructure manager to decide to gradually adapt to the methodology for calculating direct costs during a period of five years after the deadline for transposition of the Directive. Noise charging: the Council considers that the Commission approach concerning the charging for the cost of noise effects needs to remain an optional system for Member States so as to avoid negative financial implications for infrastructure managers. Furthermore, the possibility for the Commission to adopt implementing measures to set out the modalities to be followed for the application of the charging for the cost of noise effects is introduced, ensuring that differentiation of charges takes into account, where appropriate, the sensitivity of the area affected, in particular in terms of the size of the population affected and the train composition with an impact on the level of noise emissions. European Train Control System: the proposal presented by the Commission provides that trains equipped with the European Train Control System (ETCS) shall enjoy a temporary reduction of the infrastructure charge. The Council supports an optional approach and is opposed to any compulsory measure in this respect. (3) Financing of the infrastructure manager and infrastructure cost and accounts: the proposal stipulates that infrastructure managers shall be given incentives to reduce the costs of providing infrastructure and the level of access charges. It is proposed that the implementation of these incentives can only be done through a contractual agreement between the national competent authority and the infrastructure manager on infrastructure costs and access charges. The Council agrees in principle with the Commission approach on this issue but prefers to retain the possibility to apply regulatory measures for the implementation of the above incentives, as an alternative to the above mentioned contractual agreements, as well as to reduce the minimum duration of contractual agreements to three years. In addition, the Council proposes to clarify that it is the responsibility of Member States to determine the level of public funding to be provided for infrastructure financing. (4) Separation between infrastructure managers and railway undertakings: the Council shares the Commission approach not to tackle the separation between infrastructure managers and railway undertakings in the context of the recast proposal establishing a single European railway area. (5) Functions of the Regulatory Body: although the Council generally follows the Commission approach as far as the reinforcement of the regulatory bodies is concerned, it however considers it necessary to review the proposed provisions regarding independence requirements for regulators' staff. Moreover, the Council makes optional the possibility for the regulator to intervene on financing issues and the publication of regulatory accounts is not accepted by the Council. The Council also decides to give the regulatory body the power to monitor the competitive situation in the rail services markets and to adopt appropriate measures to correct undesirable developments in these markets, without prejudice to the competences of the national competition authorities for securing competition. (6) Delegated acts and implementing acts: in the initial Commission proposal, delegated acts are proposed as an instrument to amend various annexes. The Council considers however that the annexes and sections for which the Commission should be empowered to adopt delegated acts have to be reduced and be limited to certain amendments to Annexes V, VIII point 4c, IX and X. The Council removes therefore the possibility for the Commission to adopt amendments to certain Annexes. Further EP amendments not included in the Council’s first-reading position concern the: inclusion of additional requirements relating to information and ticketing for passengers; provisions governing the deadlines for the decisions of national regulatory bodies; extension of the scope of market monitoring to employment and working conditions as well as to the investments in railway infrastructure; requirement according to which the applicant railway undertaking shall also demonstrate at the time of the application that it holds a safety certificate; obligation to publish the network statement in English; restrictive deadline imposed to the infrastructure manager to inform interested parties about unscheduled maintenance work; transposition deadline of 12 months; reinforced provisions concerning services available to passengers at station; inclusion of a reference to Directive 2009/72/EC as far as the supply of traction current is concerned; extension of the information for Rail Market Monitoring as referred to in Annex IV. Point 1 to the collection of data on incidents, accidents and serious accidents; additional requirements relating to cover for civil liability.
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18581/2/2011
summary
- #3151
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2012/03/08
Council Meeting
- #3134
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2011/12/12
Council Meeting
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2011/11/16
Decision by Parliament, 1st reading/single reading
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T7-0503/2011
summary
The European Parliament adopted by 526 votes to 80, with 36 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council establishing a single European railway area (recast). It recommended that the European Parliament’s position at first reading under the ordinary legislative procedure should be to amend the Commission proposal as follows: Exclusions from the scope: Member States may exclude railway undertakings which only operate rail-freight services on railway infrastructure managed by these undertakings before this Directive enters into force, and which has a gauge different from the dominant network within the Member State, and is connected to a railway infrastructure on the territory of a non-EU State - as long as the managed infrastructure is not identified in Decision No 661/2010/EU of the European Parliament and of the Council on Union guidelines for the development of the trans-European transport network. In addition, Member States may exclude from the application of the Directive vehicles operated or intended to be operated from and to third countries, running on a network whose track gauge is different from the main rail network within the Union. Infrastructure manager: Parliament has clarified the essential functions of the infrastructure manager, these are: the decision making on train path allocation, including both the definition and the assessment of availability and the allocation of individual train paths and the decision making on infrastructure charging, including determination and collection of the charges, and investments in infrastructure. Strengthening the role and powers of the national regulatory body: the body should: be fully independent in its organisation, funding decisions, legal structure and decision-making from any infrastructure manager, charging body, allocation body or applicant; have the necessary administrative capacity in terms of staff and resources to ensure an open and transparent railway market; 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; supported by a regulatory department of the Commission. Furthermore the national regulatory body should maintain a database of their draft decisions accessible to the Commission. Independence of essential functions of an infrastructure manager: in order to guarantee genuine independence from an umbrella organisation and other companies, it is important that every infrastructure manager should have its own IT department. As infrastructure managers must be able to take independent decisions, they must also be fully responsible for their own personnel policies. The Commission shall no later than 31 December 2012 present a proposal for a Directive containing provisions relating to the separation of infrastructure management and transport operations as well as a proposal for opening the domestic rail passenger market which does not detract from the quality of rail transport services and safeguards public service obligations. However, Parliament stipulates, in managing the traffic on the network, effective cooperation between railway undertakings and infrastructure managers is essential. Transparent separation of accounts: the strict separation of accounts between infrastructure manager and railway undertaking must be ensured. Public funds allocated to one of the fields of activity should not be transferred to another field of activity. This prohibition should be clearly displayed in the accounting rules of each field of activity. The Member State and the national regulatory body should ensure the effective application of this prohibition. Member States may also provide that this separation shall require the organisation of distinct divisions within a single undertaking or that the infrastructure and transport services shall be managed by separate entities in order to ensure the development of competition, continued investment and the cost-effectiveness of service provision of the railway sector. Whatever the type of undertaking, all rail operators must respect legislation on social protection and health so as to avoid the practice of social dumping and unfair competition. Sound financing of the infrastructure manager: Member States shall develop their national railway infrastructure by taking into account, where necessary, the general needs of the Union. For this purpose, they shall publish at the latest two years after the entry into force of this Directive and after consultation of interested parties and stakeholders, including local and regional authorities concerned, trade unions, sectoral unions and users' representatives, a rail infrastructure development strategy with a view to meeting future mobility needs based on sound and sustainable financing of the railway system. The strategy shall cover a period of at least seven years and be renewable. Whenever revenues are not sufficient to cover the financing needs of the infrastructure manager, Member States shall also 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. The infrastructure manager shall ensure that applicants are consulted in a non-discriminatory manner before the investment plan is approved as far as the condition of access and use, and the nature, the provision and the development of the infrastructure are concerned. Conditions of access to railway infrastructure: in no event must the conditions of access to railway infrastructure result in it being impossible for passengers to obtain information on, or to purchase a ticket for, travel from one location to another, regardless of the number of railway transport operators providing, in whole or in part, passenger transport services between those two locations. Conditions of access to services: where the operator of the service offers any of the range of services described in Annex III, point 1 as additional services, he shall supply them upon request to railway undertakings in a non-discriminatory manner. When refusing access to its service facility, the operator of the service facility shall propose an economically and technically viable alternative and justify its refusal in writing. An amendment stipulates that newly built maintenance and other technical facilities developed for new high-speed rolling stock, referred to in Commission Decision 2008/232/EC concerning a technical specification for interoperability relating to the rolling stock sub-system of the trans-European high-speed rail system, may be reserved to the use of one railway undertaking for a period of ten years from the start of their operation. Where the service facility has not been in use for at least one year and interest by railway undertakings for access to this facility has been expressed to the operator of such a facility on the basis of demonstrated needs, its owner shall publicise the operation of the facility as being for lease or rent for use for activities related to the railway sector unless the operator of such facility demonstrates that an on-going process of reconversion prevents its use by a railway undertaking. Scope of market opening: the Commission shall make the necessary arrangements to monitor technical, social and economic conditions and market developments, including employment development, as well as compliance with relevant Union legislation in European rail transport. The Commission shall monitor the degree of market opening, employment and social conditions and the degree of harmonisation, particularly in the field of social rights, between and within Member States. Safety: an amendment strengthens the respect of safety and labour law, making it an essential requirement to good repute which railway undertakings have to fulfil when applying for a license. Requirements relating to financial fitness and professional competence: licensing authorities shall verify financial fitness by means of a railway undertaking's annual accounts or, in the case of applicant undertakings unable to present annual accounts, a balance sheet. The authority may in particular require the submission of an audit report and suitable documents from a bank, public savings bank, accountant or auditor. The requirements relating to professional competence shall be met when an applicant railway undertaking can demonstrate that it has or will have a management organisation which possesses the knowledge or experience necessary to exercise safe and reliable operational control and supervision of the type of operations specified in the licence. The undertaking shall also demonstrate at the time of the application that it holds a safety certificate as defined in Article 10 of Directive 2004/49/EC. The level of coverage deemed adequate may be differentiated to take into account the specificities of services, in particular for railway operations for cultural or heritage purposes running on the rail network for the general public. Network statement: Members consider that the network statement should include information concerning: (i) the nature of the infrastructure which is available to railway undertakings and the conditions of access to it; (ii) charging principles and tariffs; (iii) principles and criteria for capacity allocation; (iv) procedures for dispute resolution and appeal. The specific details of each section can be modified by the Commission in order to allow flexibility. Moreover, where quality of infrastructure is declining this should be communicated to users to act as an early-warning system. Scrutiny by national parliaments: without prejudice to the management independence laid down in the directive and provided that this right has been directly conferred by constitutional law at least two years before the date of entry into force of this Directive, the national parliament may have the right to scrutinise and, when appropriate, review the level of charges determined by the infrastructure manager. Such review, if any, shall ensure that charges comply with this Directive, the established charging framework and charging rules. Principles of charging: the proposal provides that the infrastructure charges shall be modified to take account of the cost of noise effects caused by the operation of the train. Parliament adds that such modification of infrastructure charges shall allow for compensation for investments in retrofitting rail vehicles with the most economically viable low-noise braking technology available. Member States shall ensure that the introduction of such differentiated charges shall not have any adverse effect on the financial equilibrium of the infrastructure manager. Improving performance: in order to achieve an agreed level of service quality and not to endanger the economic viability of a service, the infrastructure manager shall agree with applicants, after approval by the regulatory body, the main parameters of the performance scheme, in particular the cost of delays and the thresholds for payments due under the performance scheme relative both to individual train runs and to all train runs of a railway undertaking in a given period of time. Special measures to be taken in the event of disturbance: infrastructure managers shall have action plans to deal with accidents or technical failures. An amendment provides that if a train path is cancelled for any reason other than force majeure, alternative solutions or a reimbursement of the charge shall be provided. Cooperation between national regulatory bodies and powers of the Commission: the Commission shall set up a database to which national regulatory bodies shall provide data on all complaint procedures, such as the dates of complaints, start of own-initiative procedures, all draft and final decisions, parties involved, main issues of the procedures and problems of interpretation of railway law, etc). European regulatory body: in light of the experience acquired through the network of regulatory bodies, the Commission shall, no later than two years after the publication of this Directive, draw up a legislative proposal establishing a European regulatory body. This body shall have a supervisory and arbitration function to deal with cross-border and international problems and to hear appeals of decisions taken by national regulatory bodies. Annexes and the scope of the delegated acts: the amendments aim to give a stricter framework for the delegation of powers to the Commission regarding the modification of non-essential elements of the Directive for a limited duration (five years).
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T7-0503/2011
summary
- 2011/11/14 Debate in Parliament
- 2011/10/19 Committee report tabled for plenary, 1st reading/single reading
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2011/10/11
Vote in committee, 1st reading/single reading
- #3098
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2011/06/16
Council Meeting
-
3098
summary
The Council reached agreement on a general approach on a draft directive establishing a single European railway area, which is a recast of the "first railway package" consisting respectively of three directives on the development of European railways, licensing of railway undertakings and management of railway infrastructure. The purpose of the recast is to simplify, clarify and modernise the regulatory framework for Europe's railway sector so as to improve conditions for investment, increase competition and strengthen market supervision in that sector.The European Parliament, whose approval is also required for the adoption of the directive, has not yet established its position at first reading and is expected to deal with this issue in July and September 2011.A qualified majority of Member States were able to accept the compromise proposal presented by the Presidency, subject to a few amendments. This text includes the following solutions as regards the key issue of the rules on the access by railway undertakings to service facilities and the services supplied in these facilities:where an operator of service facilities belongs to a body or firm that holds a dominant position in one or more railway service markets for which the facility is used, the operator must be independent from that body to a certain extent in order to guarantee non-discriminatory access by railway undertakings to service facilities and the services supplied in these facilities. Such independence will imply separation of accounts as well as independence in organisational and decision-making terms, but does not require the establishment of a separate legal body and may be fulfilled with the organisation of distinct divisions within a single undertaking;a facility that has been unused for three years and for the access to which there is a justified demand by railway undertakings must be publicised for lease, unless the facility is undergoing a conversion process.The main amendment introduced during the meeting concerns the rules on charges for use of infrastructure and services. The infrastructure manager or service facility operator, which has to set the charge for the minimum access package in line with the cost directly incurred as a result of operating the service, will have the possibility of gradually adapting to the methodology for calculating direct costs during a period of five years after the deadline for the transposition of the directive in national law. This provision responds to the fears of some Member States that insufficient cost recovery might lead to the need for the state to strongly subsidise infrastructure managers or operators.Some delegations, however, were not in a position to agree to the compromise. One of the reasons was the requirement of independence in organisational and decision-making terms. Further, one Member State considers the rules on market liberalisation inappropriate for its small railway network. Another Member State still has concerns that due to its specific conditions, the charging principles will not allow sufficient cost recovery by the infrastructure manager.
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3098
summary
- #3052
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2010/12/02
Council Meeting
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3052
summary
The Council discussed ongoing work on a proposal for a directive establishing a single European railway area, intended to simplify, clarify and modernise the regulatory framework for Europe's railway sector so as to improve conditions for investments, increase competition and strengthen market supervision in that sector.Ministers were invited to give guidance for further examination of the proposal by the Council's preparatory bodies, which have begun work on the provisions on the financing of and charging for railway infrastructure. The ministerial debate, based on questions submitted by the presidency, showed that:the publication of national rail infrastructure development strategies is generally seen as an appropriate instrument to stimulate sustainable investments in the sector. Some delegations, however, emphasized that member states' competence for financing rail infrastructure had to be respected. Moreover, due regard should be paid to the principle of annual budgetary decisions when establishing multi-annual plans;differentiation of track access charges based on noise performances could provide an incentive for retrofitting noisy wagons and thereby diminishing noise emissions. Several member states, however, underlined the need to ensure equal treatment of rail and road transport and advocated a voluntary application of noise-differentiated charges. It was also mentioned that this measure should primarily focus on heavily populated areas;temporary reduction of track access charges for trains equipped with the European train control system (ETCS) could encourage railway undertakings to install this system. Several delegations, though, stressed that they want to keep the right to levy new charges or increase the existing ones in order to compensate for loss of revenue caused by such a reduction.Other outstanding issues:adoption of a business plan: several delegations questioned the proposed obligation to consult interested parties before approving the business plan. Delegations considered this requirement too complex and bureaucratic, which would create difficulties for the infrastructure managers to define all parties to be consulted. Instead, a number of delegations would prefer to inform interested parties and not to establish a legal obligation for consultation. In addition, some Member States stressed that this provision would be too far reaching in particular to infrastructure managers acting on local infrastructure; conclusion of multi-annual contracts: delegations raised the same concern over the consequences the five years period would have on the "annual budgetary principle”. Furthermore, delegations expressed the same view concerning the obligation to consult interested parties. Some delegations also disagreed with the deletion of the use of appropriate regulatory measures as an alternative to the conclusion of contractual agreements;coordinated methods for charging of railway infrastructure on international train paths: some delegations expressed doubts as to how and to what extend infrastructure managers should cooperate to coordinate charging at international level. Some delegations indicated that specific criteria for international coordination should be defined. In response, the Commission indicated that, according to its proposal, the definition of such criteria would be left to Member States but that additional guidance could be envisaged;role of the regulatory body: several delegations argued during the examination of the proposed provisions regarding financing and charging of the railway infrastructure that, through the recast proposal, the role of the regulatory body would be expanded to cover also non-binding opinions and recommendations in the financial field (e.g. business plan, performance targets). Moreover, several delegations reserved their positions on the proposed requirement for prior approval by the regulatory body on the establishment of the list of market segments, which constitutes the basis for the approval of the levy of "mark-ups", as well as on the main parameters of the performance scheme for the improvement of the performance of the railway network; the use of delegated acts: the proposal lays down that the basic principles and parameters of the multi-annual agreements set out in Annex VII of the proposal may be amended by the use of delegated acts. The same method would apply to the criteria for the requirements for costs and charges related to railway infrastructure, as laid down in Annex VIII of the proposal. A majority of delegations expressed a strong reservation on the use of delegated acts for the above purpose.
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3052
summary
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2010/09/23
Committee referral announced in Parliament, 1st reading/single reading
-
2010/09/17
Legislative proposal published
-
COM(2010)0475
summary
PURPOSE: the recasting of regulatory framework establishing a single European railway area.PROPOSED ACT: Directive of the European Parliament and of the Council.BACKGROUND: concerned at the decline of the European railway sector witnessed since the 1970s, the European Community adopted a certain number of legislative measures aimed at reviving the railways by gradually creating a “single European railway area”.The first railway package Directive 2001/12/EC, Directive 2001/12/EC and Directive 2001/13/EC -adopted at the end of 2000 signalled the desire to reform the regulatory framework to ensure the railway sector's integration at European level and to enable it to face up to the competition from other transport modes on the best possible terms.With this new regulatory framework, the railway industry has managed to stabilise the volumes transported and, in some Member States, to recover market share from the roads. However, the growth of rail freight in terms of tonnes transported during recent years has not been strong enough to recover the market share of 2.3 percentage points lost between 1995 and 2003. The current economic climate is exacerbating the weak performance of the rail market. Freight services (including rail) have recently suffered a significant drop in activity (between 20% and 50% depending on the market segment) and passenger service activity has also slowed.The development of the railway sector and its capacity to compete viably with other modes of transport are still hampered by serious problems related to (a) inadequate financing and pricing of the infrastructure, (b) persistent barriers to competition and (c) lack of appropriate regulatory oversight. Two problems need to be addressed:the level of investment in rail infrastructure development and maintenance remains insufficient in a large number of Member States. In many cases, the quality of the infrastructure continues to decline:competition between railway undertakings is limited by various factors. Insufficient transparency of market conditions and a poorly functioning institutional framework continue to make it difficult for new entrants to provide competitive rail services.There are weaknesses, ambiguities and gaps in the current regulatory framework which need to be addressed to meet fully the initial objectives of the legislation. A recast of the first railway package is considered by the Commission as one of the ways to tackle them.IMPACT ASSESSMENT: based on extensive research and evaluation, the Commission came up with 37 measures that could potentially contribute to achieving each of the objectives of the proposal. A thorough pre-screening of these 37 measures resulted in the selection of a package of 26 measures.Following the decision to carry out an impact assessment for an initiative to recast the first railway package, an external study was commissioned to PriceWaterhouseCoopers Advisory(PWC). A stakeholders’ consultation involving almost 380 organisations was carried out in the context of the external study undertaken by PWC.Based on the external study, as well as the conclusions of the stakeholders' consultation process, the Commission made a quantitative and qualitative assessment of the impact of the whole package of pre-selected measures. It examined alternative options for the new measures envisaged to modernise the existing regulatory framework, some of which had not previously been subject to impact assessment.LEGAL BASE: Article 91 of the Treaty on the Functioning of the European Union (TFEU).CONTENT: the proposed recast has three horizontal objectives:1) The simplification, clarification and modernisation of the regulatory environment in Europe: legal simplificationthrough consolidation and merger is the first horizontal objective underpinning this recast initiative. Elimination of existing cross-references of the three Directives through restructuring and merging into a single rail access code would be instrumental in attaining this objective.2) The clarification of some provisions of rail access legislation would facilitate proper transposition and efficient implementation of European Union law in all Member States.3) The modernisation of the legislation by eliminating outdated provisions and the introduction of new provisions which respond more appropriately to the functioning of the market today (e.g. relating to new entrants and full or partial State ownership of infrastructure).The proposed recast of the first railway package encompasses (a) the adequate financing of and charging for rail infrastructures, (b) the conditions of competition on the railway market, and (c) the organisational reforms needed to ensure appropriate supervision of the market.The first objective consists of ensuring adequate, transparent and sustainable funding of the infrastructure and, thanks to better predictability of the infrastructure development and access conditions, i) facilitating investments by railway undertakings, together with a more appropriate level and structure of infrastructure charging, ii) improving the competitiveness of rail operators vis-à-vis other transport modes and iii) contributing to the internalisation of environmental costsThe second series of objectives involves i) avoiding distortions of competition due to the use of State funds for commercial activities, ii) preventing commercially sensitive information from being collected by incumbents and used against their potential competitors, iii) eliminating conflicts of interest in the management of rail-related services and iv) increasing their availability for new entrants as well as v) increasing market transparency to ensure effective competition.Regarding regulatory oversight, the proposed recast intends to ensure that regulatory bodies are in a position to carry out their duties effectively, thanks to reinforced independence, extended competencies, and additional means at their disposal.The main proposed amendments are as follows:the separation of accounts between the activities that enjoy a legal monopoly from those that are subject to competition;the obligation for Member States to publish medium to long-term railway sector development strategies that make it possible to meet future mobility needs and are based on sound and sustainable financing of the railway system. It will stimulate long lifecycle investments on which the rail industry relies;a clarification of the general principles applying to cross-agreements between rail undertakings, between Member States, and between Member States and third countries; the updating of the provisions relating to the responsibilities of the regulatory bodies. Their competences will explicitly cover decisions related to access to and charging for rail-related services which are essential to allow market entry and ensure fair competition;to enhance cross-border cooperation and improve market entry conditions, regulatory bodies will have to cooperate for the adoption of decisions on access or charging issues relating to international services; the rail market monitoring tasks of the Commission will cover items such as rail infrastructure investments, price developments and quality of rail transport services and public service obligations for rail passenger transport.BUDGETARY IMPLICATION: the proposal has no implication for the Community budget.
- DG {'url': 'http://ec.europa.eu/dgs/transport/index_en.htm', 'title': 'Mobility and Transport'}, KALLAS Siim
-
COM(2010)0475
summary
Documents
- Legislative proposal published: COM(2010)0475
- Debate in Council: 3052
- Debate in Council: 3098
- Committee report tabled for plenary, 1st reading/single reading: A7-0367/2011
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 1st reading/single reading: T7-0503/2011
- Council position published: 18581/2/2011
- Committee recommendation tabled for plenary, 2nd reading: A7-0196/2012
- Debate in Parliament: Debate in Parliament
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 2nd reading: T7-0270/2012
- : Directive 2012/34
- : OJ L 343 14.12.2012, p. 0032
| Amendments | Dossier |
| 1273 |
2010/0253(COD)
2011/05/31
TRAN
1194 amendments...
Amendment 128 #
Draft legislative resolution Citation 2 a (new) – having regard to Article 14 of the Treaty on the Functioning of the European Union and Protocol No 26 thereto on Services of General Interest,
Amendment 128 #
Draft legislative resolution Citation 2 a (new) – having regard to Article 14 of the Treaty on the Functioning of the European Union and Protocol No 26 thereto on Services of General Interest,
Amendment 129 #
Draft legislative resolution Citation 3 a (new) – having regard to the resolution of the European Parliament of 17 June 2010;
Amendment 129 #
Draft legislative resolution Citation 3 a (new) – having regard to the resolution of the European Parliament of 17 June 2010;
Amendment 130 #
Draft legislative resolution 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) 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 131 #
Proposal for a directive Recital 1 (1) Council Directive 91/440/EEC of 29 July 1991 on the development of the Community's railways9, Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings10 and Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure11 have been substantially amended in 2004 and 2007. Since further amendments are necessary and given the link between these legal provisions, those Directives should be recast and merged into a single act enhancing safety provisions and reliability of railway services in the interest of clarity.
Amendment 131 #
Proposal for a directive Recital 1 (1) Council Directive 91/440/EEC of 29 July 1991 on the development of the Community's railways9, Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings10 and Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure11 have been substantially amended in 2004 and 2007. Since further amendments are necessary and given the link between these legal provisions, those Directives should be recast and merged into a single act enhancing safety provisions and reliability of railway services in the interest of clarity.
Amendment 132 #
Proposal for a directive Recital 2 Amendment 132 #
Proposal for a directive Recital 2 Amendment 133 #
Proposal for a directive Recital 2 (2) Greater integration of the Union transport sector is an essential element of the
Amendment 133 #
Proposal for a directive Recital 2 (2) Greater integration of the Union transport sector is an essential element of the
Amendment 134 #
Proposal for a directive 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) (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) (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) (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 136 #
Proposal for a directive Recital 2 a (new) (2a) Rail's share of all transport has not increased in the last decade, despite the objectives laid down in the 2010 railway package. It follows that the present reorganisation is essential.
Amendment 136 #
Proposal for a directive Recital 2 a (new) (2a) Rail's share of all transport has not increased in the last decade, despite the objectives laid down in the 2010 railway package. It follows that the present reorganisation is essential.
Amendment 137 #
Proposal for a directive Recital 2 b (new) (2b) Investment in the development and upkeep of railway infrastructure remains insufficient to guarantee the sector's development and capacity to compete.
Amendment 137 #
Proposal for a directive Recital 2 b (new) (2b) Investment in the development and upkeep of railway infrastructure remains insufficient to guarantee the sector's development and capacity to compete.
Amendment 138 #
Proposal for a directive Recital 2 c (new) (2c) Non-transparent market conditions are an obvious obstacle to competitive railway services.
Amendment 138 #
Proposal for a directive Recital 2 c (new) (2c) Non-transparent market conditions are an obvious obstacle to competitive railway services.
Amendment 139 #
Proposal for a directive 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) (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 140 #
Proposal for a directive Recital 2 a (new) (2a) Because of their physical and technical characteristics railways bear high safety, environmental, transport efficiency and energy saving potentials. Their central role in EU sustainable transport policy should therefore be considered as a main opportunity for EU transport policy to meet the targets of the EU 2020 and its roadmap 2050.
Amendment 140 #
Proposal for a directive Recital 2 a (new) (2a) Because of their physical and technical characteristics railways bear high safety, environmental, transport efficiency and energy saving potentials. Their central role in EU sustainable transport policy should therefore be considered as a main opportunity for EU transport policy to meet the targets of the EU 2020 and its roadmap 2050.
Amendment 141 #
Proposal for a directive Recital 2 a (new) (2a) An efficient single European railway area can only be achieved by ensuring the separation of railway undertakings from infrastructure managers, the free access to the railway market and thus fair competition, and the interoperability and sustainability of the railway sector;
Amendment 141 #
Proposal for a directive Recital 2 a (new) (2a) An efficient single European railway area can only be achieved by ensuring the separation of railway undertakings from infrastructure managers, the free access to the railway market and thus fair competition, and the interoperability and sustainability of the railway sector;
Amendment 142 #
Proposal for a directive Recital 3 Amendment 142 #
Proposal for a directive Recital 3 Amendment 143 #
Proposal for a directive 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) (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 144 #
Proposal for a directive Recital 3 a (new) (3a) Guarantees must be provided that the regulatory bodies will carry out their supervisory duties, in order to ensure non- discrimination between railway undertakings, the implementation of suitable charging policies and compliance with the principle of the separation of accounts.
Amendment 144 #
Proposal for a directive Recital 3 a (new) (3a) Guarantees must be provided that the regulatory bodies will carry out their supervisory duties, in order to ensure non- discrimination between railway undertakings, the implementation of suitable charging policies and compliance with the principle of the separation of accounts.
Amendment 145 #
Proposal for a directive Recital 3 a (new) (3a) In order to complete a European railway area, complete interoperability of the rail system at European level is necessary. The European Railway Agency should be assigned the appropriate powers and resources to attain this objective more quickly, inter alia as regards the development of common standards for certification of rolling stock and safety and signalling systems.
Amendment 145 #
Proposal for a directive Recital 3 a (new) (3a) In order to complete a European railway area, complete interoperability of the rail system at European level is necessary. The European Railway Agency should be assigned the appropriate powers and resources to attain this objective more quickly, inter alia as regards the development of common standards for certification of rolling stock and safety and signalling systems.
Amendment 146 #
Proposal for a directive Recital 4 Amendment 146 #
Proposal for a directive Recital 4 Amendment 147 #
Proposal for a directive Recital 4 (4) Regional, urban and suburban services as well as transport activities
Amendment 147 #
Proposal for a directive Recital 4 (4) Regional, urban and suburban services as well as transport activities
Amendment 148 #
Proposal for a directive 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. Heritage and museum railways running on their own track shall also be exempt from the scope of the Directive.
Amendment 148 #
Proposal for a directive 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. Heritage and museum railways running on their own track shall also be exempt from the scope of the Directive.
Amendment 149 #
Proposal for a directive Recital 5 Amendment 149 #
Proposal for a directive Recital 5 Amendment 150 #
Proposal for a directive Recital 5 a (new) (5a) Innovation in improving the railways' passenger and freight services should be achieved by a coherent concept of stronger financing for rail infrastructure, adequate regulation and step-wise opening of markets, without jeopardizing the obligations of public services and social standards within this sector. A modal shift towards this mode is a core task of future EU policy.
Amendment 150 #
Proposal for a directive Recital 5 a (new) (5a) Innovation in improving the railways' passenger and freight services should be achieved by a coherent concept of stronger financing for rail infrastructure, adequate regulation and step-wise opening of markets, without jeopardizing the obligations of public services and social standards within this sector. A modal shift towards this mode is a core task of future EU policy.
Amendment 151 #
Proposal for a directive Recital 6 (6) In order to ensure the future development and efficient operation of the railway system, a distinction should be made between the provision of transport services on the one hand, and the operation of infrastructure on the other hand. Given this situation, it is necessary for these two activities to be managed separately and to have separate accounts
Amendment 151 #
Proposal for a directive Recital 6 (6) In order to ensure the future development and efficient operation of the railway system, a distinction should be made between the provision of transport services on the one hand, and the operation of infrastructure on the other hand. Given this situation, it is necessary for these two activities to be managed separately and to have separate accounts
Amendment 152 #
Proposal for a directive Recital 6 (6) In order to ensure the future development and efficient operation of the railway system, a distinction should be made between the provision of transport services and the operation of infrastructure. Given this situation, it is necessary for these two activities to be managed
Amendment 152 #
Proposal for a directive Recital 6 (6) In order to ensure the future development and efficient operation of the railway system, a distinction should be made between the provision of transport services and the operation of infrastructure. Given this situation, it is necessary for these two activities to be managed
Amendment 153 #
Proposal for a directive Recital 6 (6) In order to ensure the future development and efficient operation of the railway system, a distinction should be made between the provision of transport services and the operation of infrastructure. Given this situation, it is necessary for these two activities to be managed separately and to have separate accounts. A separate personnel policy is also very important in order to ensure the efficient functioning of the European railway area.
Amendment 153 #
Proposal for a directive Recital 6 (6) In order to ensure the future development and efficient operation of the railway system, a distinction should be made between the provision of transport services and the operation of infrastructure. Given this situation, it is necessary for these two activities to be managed separately and to have separate accounts. A separate personnel policy is also very important in order to ensure the efficient functioning of the European railway area.
Amendment 154 #
Proposal for a directive Recital 6 (6) In order to ensure the future development and efficient operation of the railway system, a distinction should be made between the provision of transport services and the operation of infrastructure. Given this situation, it is necessary for these two activities to be managed separately and to have separate accounts, guaranteeing the transparency which ensures that no public funds are diverted to other commercial activities.
Amendment 154 #
Proposal for a directive Recital 6 (6) In order to ensure the future development and efficient operation of the railway system, a distinction should be made between the provision of transport services and the operation of infrastructure. Given this situation, it is necessary for these two activities to be managed separately and to have separate accounts, guaranteeing the transparency which ensures that no public funds are diverted to other commercial activities.
Amendment 155 #
Proposal for a directive Recital 6 (6) In order to ensure the future development and efficient operation of the railway system
Amendment 155 #
Proposal for a directive Recital 6 (6) In order to ensure the future development and efficient operation of the railway system
Amendment 156 #
Proposal for a directive Recital 6 a (new) (6a) Any restructuring of the provision of transport services and the management of infrastructure should not have a negative impact on the employment and social conditions of workers in the rail sector. The social clauses should be respected in order to avoid the practice of social dumping and distortion of competition by new entrants not complying with the minimum social standards of the rail sector.
Amendment 156 #
Proposal for a directive Recital 6 a (new) (6a) Any restructuring of the provision of transport services and the management of infrastructure should not have a negative impact on the employment and social conditions of workers in the rail sector. The social clauses should be respected in order to avoid the practice of social dumping and distortion of competition by new entrants not complying with the minimum social standards of the rail sector.
Amendment 157 #
Proposal for a directive 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) (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 158 #
Proposal for a directive Recital 6 a (new) (6a) Acknowledging that in the EU there are railway networks having a different track gauge from that of the main rail network within the Union, they are therefore technologically isolated from the main EU railway network while being linked with third countries' railway networks economic and social reliability of these networks must be maintained through special treatment where necessary.
Amendment 158 #
Proposal for a directive Recital 6 a (new) (6a) Acknowledging that in the EU there are railway networks having a different track gauge from that of the main rail network within the Union, they are therefore technologically isolated from the main EU railway network while being linked with third countries' railway networks economic and social reliability of these networks must be maintained through special treatment where necessary.
Amendment 159 #
Proposal for a directive Recital 6 a (new) (6a) Whatever the type of undertaking, all rail operators must respect the existing national legislation on social protection and health so as to avoid the practice of social dumping and unfair competition.
Amendment 159 #
Proposal for a directive Recital 6 a (new) (6a) Whatever the type of undertaking, all rail operators must respect the existing national legislation on social protection and health so as to avoid the practice of social dumping and unfair competition.
Amendment 160 #
Proposal for a directive Recital 6 a (new) (6a) In order to make rail transport competitive with road transport, the differing sets of national rules, such as those on rail transport safety, the standardisation and use of accompanying documents, the marshalling of trains and the relevant documentation, the standardisation of signals and marks used to guide trains, the standardisation of measures and checks implemented in connection with shipments of hazardous goods and uniform procedures for registering and monitoring shipments of waste, should be standardised.
Amendment 160 #
Proposal for a directive Recital 6 a (new) (6a) In order to make rail transport competitive with road transport, the differing sets of national rules, such as those on rail transport safety, the standardisation and use of accompanying documents, the marshalling of trains and the relevant documentation, the standardisation of signals and marks used to guide trains, the standardisation of measures and checks implemented in connection with shipments of hazardous goods and uniform procedures for registering and monitoring shipments of waste, should be standardised.
Amendment 161 #
Proposal for a directive 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. Member States shall ensure the effective application of this prohibition.
Amendment 161 #
Proposal for a directive 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. Member States shall ensure the effective application of this prohibition.
Amendment 162 #
Proposal for a directive Recital 6 a (new) (6a) The separation between the provision of transport services and the management of infrastructure should not have negative consequences for the employment and social conditions of workers in the rail sector. The social clauses should be respected in order to avoid any social dumping and unfair competition by new entrants which would not respect the minimum social standards of the rail sector.
Amendment 162 #
Proposal for a directive Recital 6 a (new) (6a) The separation between the provision of transport services and the management of infrastructure should not have negative consequences for the employment and social conditions of workers in the rail sector. The social clauses should be respected in order to avoid any social dumping and unfair competition by new entrants which would not respect the minimum social standards of the rail sector.
Amendment 163 #
Proposal for a directive Recital 6 b (new) (6b) In order to make the transport of goods by rail more attractive by comparison with road haulage, legal requirements must be laid down concerning the reduction of noise emissions from rolling stock.
Amendment 163 #
Proposal for a directive Recital 6 b (new) (6b) In order to make the transport of goods by rail more attractive by comparison with road haulage, legal requirements must be laid down concerning the reduction of noise emissions from rolling stock.
Amendment 164 #
Proposal for a directive Recital 7 Amendment 164 #
Proposal for a directive Recital 7 Amendment 165 #
Proposal for a directive Recital 7 a (new) (7a) The interests of those employed in the railway sector are linked to a high level of social standards. Their training and working conditions must ensure a high level of service and safety. They should therefore retain their right to initiate actions in favour of upholding their social standards and improving quality of services. These actions should be announced in due time to the users and provide them with timely information on alternatives that can meet their mobility and transport needs.
Amendment 165 #
Proposal for a directive Recital 7 a (new) (7a) The interests of those employed in the railway sector are linked to a high level of social standards. Their training and working conditions must ensure a high level of service and safety. They should therefore retain their right to initiate actions in favour of upholding their social standards and improving quality of services. These actions should be announced in due time to the users and provide them with timely information on alternatives that can meet their mobility and transport needs.
Amendment 166 #
Proposal for a directive Recital 8 (8) In order to boost competition in railway service management in terms of improved comfort and the services provided to users, Member States should retain general responsibility for the development of the appropriate railway infrastructure, taking market demand as one of the main premises.
Amendment 166 #
Proposal for a directive Recital 8 (8) In order to boost competition in railway service management in terms of improved comfort and the services provided to users, Member States should retain general responsibility for the development of the appropriate railway infrastructure, taking market demand as one of the main premises.
Amendment 167 #
Proposal for a directive Recital 9 (9) In the absence of common rules on allocation of infrastructure costs, Member States should, after consulting the infrastructure manager, lay down rules providing for railway undertakings
Amendment 167 #
Proposal for a directive Recital 9 (9) In the absence of common rules on allocation of infrastructure costs, Member States should, after consulting the infrastructure manager, lay down rules providing for railway undertakings
Amendment 168 #
Proposal for a directive Recital 9 (9) In the absence of common rules on allocation of infrastructure costs, Member States should, after consulting the infrastructure manager, lay down clear and transparent rules providing for railway undertakings to pay for the use of railway infrastructure
Amendment 168 #
Proposal for a directive Recital 9 (9) In the absence of common rules on allocation of infrastructure costs, Member States should, after consulting the infrastructure manager, lay down clear and transparent rules providing for railway undertakings to pay for the use of railway infrastructure
Amendment 169 #
Proposal for a directive Recital 10 a (new) (10a) The European Union should explore alternative sources of funding for European rail projects through innovative financial instruments such as EU project bonds.
Amendment 169 #
Proposal for a directive Recital 10 a (new) (10a) The European Union should explore alternative sources of funding for European rail projects through innovative financial instruments such as EU project bonds.
Amendment 170 #
Proposal for a directive 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) (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 171 #
Proposal for a directive Recital 10 a (new) (10a) Member States and infrastructure managers should be able to fund infrastructure investment through means other than direct State funding such as private sector financing.
Amendment 171 #
Proposal for a directive Recital 10 a (new) (10a) Member States and infrastructure managers should be able to fund infrastructure investment through means other than direct State funding such as private sector financing.
Amendment 172 #
Proposal for a directive Recital 11 Amendment 172 #
Proposal for a directive Recital 11 Amendment 173 #
Proposal for a directive Recital 11 Amendment 173 #
Proposal for a directive Recital 11 Amendment 174 #
Proposal for a directive 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 (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 175 #
Proposal for a directive Recital 11 (11)
Amendment 175 #
Proposal for a directive Recital 11 (11)
Amendment 176 #
Proposal for a directive Recital 11 (11) An efficient freight sector, especially across borders, requires action both to open up the market and Member States to endorse clear choices to sustainable transport of goods by rail shifting from less environmental friendly modes.
Amendment 176 #
Proposal for a directive Recital 11 (11) An efficient freight sector, especially across borders, requires action both to open up the market and Member States to endorse clear choices to sustainable transport of goods by rail shifting from less environmental friendly modes.
Amendment 177 #
Proposal for a directive Recital 11 (11) An efficient passenger and freight sector, especially across borders, requires action to open up the markets in the individual Member States.
Amendment 177 #
Proposal for a directive Recital 11 (11) An efficient passenger and freight sector, especially across borders, requires action to open up the markets in the individual Member States.
Amendment 178 #
Proposal for a directive Recital 11 (11) An efficient freight sector, especially across borders, requires action to open up the market and generate competitiveness.
Amendment 178 #
Proposal for a directive Recital 11 (11) An efficient freight sector, especially across borders, requires action to open up the market and generate competitiveness.
Amendment 179 #
Proposal for a directive Recital 12 Amendment 179 #
Proposal for a directive Recital 12 Amendment 180 #
Proposal for a directive Recital 13 Amendment 180 #
Proposal for a directive Recital 13 Amendment 181 #
Proposal for a directive Recital 13 (13) In the case of journeys with intermediate stops, new market entrants should be authorised to pick up and set down passengers along the route
Amendment 181 #
Proposal for a directive Recital 13 (13) In the case of journeys with intermediate stops, new market entrants should be authorised to pick up and set down passengers along the route
Amendment 182 #
Proposal for a directive 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) (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 Amendment 183 #
Proposal for a directive Recital 14 Amendment 184 #
Proposal for a directive Recital 14 Amendment 184 #
Proposal for a directive Recital 14 Amendment 185 #
Proposal for a directive Recital 14 (14) The introduction of new, open-access, international passenger services with intermediate stops should
Amendment 185 #
Proposal for a directive Recital 14 (14) The introduction of new, open-access, international passenger services with intermediate stops should
Amendment 186 #
Proposal for a directive Recital 15 Amendment 186 #
Proposal for a directive Recital 15 Amendment 187 #
Proposal for a directive 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) (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 188 #
Proposal for a directive Recital 16 (16) Opening up
Amendment 188 #
Proposal for a directive Recital 16 (16) Opening up
Amendment 189 #
Proposal for a directive 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 (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 (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 (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 191 #
Proposal for a directive Recital 17 (17) The assessment of whether the socio- economic equilibrium of the public service contract could be compromised should take into account predetermined criteria such as the impact on the
Amendment 191 #
Proposal for a directive Recital 17 (17) The assessment of whether the socio- economic equilibrium of the public service contract could be compromised should take into account predetermined criteria such as the impact on the
Amendment 192 #
Proposal for a directive Recital 18 a (new) (18a) Market developments have shown that a crucial concern is to strengthen the role of the regulatory bodies. If they are to take centre stage in the provision of a fair environment for equitable access conditions, they need to receive the financial means as well as appropriate staffing and logistic equipment to fulfil this role.
Amendment 192 #
Proposal for a directive Recital 18 a (new) (18a) Market developments have shown that a crucial concern is to strengthen the role of the regulatory bodies. If they are to take centre stage in the provision of a fair environment for equitable access conditions, they need to receive the financial means as well as appropriate staffing and logistic equipment to fulfil this role.
Amendment 193 #
Proposal for a directive Recital 19 (19) The regulatory body should function in a way which avoids any conflict of interests and any possible involvement in the award of the public service contract under consideration, without prejudice to the option of this body being funded from the national budget or from levies on the rail sector, or to the publication of the relevant information. The competence of the regulatory body should be extended to allow the assessment of the purpose of an international service and, where appropriate, the potential economic impact on existing public service contracts.
Amendment 193 #
Proposal for a directive Recital 19 (19) The regulatory body should function in a way which avoids any conflict of interests and any possible involvement in the award of the public service contract under consideration, without prejudice to the option of this body being funded from the national budget or from levies on the rail sector, or to the publication of the relevant information. The competence of the regulatory body should be extended to allow the assessment of the purpose of an international service and, where appropriate, the potential economic impact on existing public service contracts.
Amendment 194 #
Proposal for a directive 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) (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 195 #
Proposal for a directive Recital 19 a (new) (19a) The national regulatory authority must be independent and able to ensure that citizens have access to the SGI and essential services defined by the competent authority. It must be able to act on its own initiative, meet the objectives set by the Member States and conduct investigations in the event of a dispute.
Amendment 195 #
Proposal for a directive Recital 19 a (new) (19a) The national regulatory authority must be independent and able to ensure that citizens have access to the SGI and essential services defined by the competent authority. It must be able to act on its own initiative, meet the objectives set by the Member States and conduct investigations in the event of a dispute.
Amendment 196 #
Proposal for a directive Recital 19 a (new) (19a) The national regulatory body should be an independent authority and act as an arbiter in order to ensure in case of dispute fair and transparent decisions according to the provisions of non- discrimination and rules of this directive.
Amendment 196 #
Proposal for a directive Recital 19 a (new) (19a) The national regulatory body should be an independent authority and act as an arbiter in order to ensure in case of dispute fair and transparent decisions according to the provisions of non- discrimination and rules of this directive.
Amendment 197 #
Proposal for a directive Recital 20 (20) In order to invest in services using specialised infrastructure, such as high- speed railway lines or other dedicated complex infrastructures in order to comply with Member States objectives in reducing CO2 emissions or enhancing intermodal links, applicants need legal certainty given the substantial long-term investment involved.
Amendment 197 #
Proposal for a directive Recital 20 (20) In order to invest in services using specialised infrastructure, such as high- speed railway lines or other dedicated complex infrastructures in order to comply with Member States objectives in reducing CO2 emissions or enhancing intermodal links, applicants need legal certainty given the substantial long-term investment involved.
Amendment 198 #
Proposal for a directive Recital 20 (20) In order to invest in services using specialised infrastructure, such as high- speed railway lines, applicants need legal certainty
Amendment 198 #
Proposal for a directive Recital 20 (20) In order to invest in services using specialised infrastructure, such as high- speed railway lines, applicants need legal certainty
Amendment 199 #
Proposal for a directive Recital 21 (21) The national regulatory
Amendment 199 #
Proposal for a directive Recital 21 (21) The national regulatory
Amendment 200 #
Proposal for a directive Recital 21 (21) The national regulatory bodies should exchange information and best practices and, where relevant in individual cases, coordinate the principles and practice of assessing whether the economic equilibrium of a public service contract is compromised. They should progressively develop guidelines based on their experience. On the basis of that experience, the Commission should also put forward a proposal to establish a European regulatory body.
Amendment 200 #
Proposal for a directive Recital 21 (21) The national regulatory bodies should exchange information and best practices and, where relevant in individual cases, coordinate the principles and practice of assessing whether the economic equilibrium of a public service contract is compromised. They should progressively develop guidelines based on their experience. On the basis of that experience, the Commission should also put forward a proposal to establish a European regulatory body.
Amendment 201 #
Proposal for a directive Recital 21 (21) The national regulatory bodies should exchange information and,
Amendment 201 #
Proposal for a directive Recital 21 (21) The national regulatory bodies should exchange information and,
Amendment 202 #
Proposal for a directive 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) (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 203 #
Proposal for a directive 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) (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 204 #
Proposal for a directive Recital 21 a (new) (21a) The national regulatory bodies should create a network to enhance cross- border cooperation and improve market condition. This network should within five years after entry into force of this directive lead to the creation of a European regulatory body.
Amendment 204 #
Proposal for a directive Recital 21 a (new) (21a) The national regulatory bodies should create a network to enhance cross- border cooperation and improve market condition. This network should within five years after entry into force of this directive lead to the creation of a European regulatory body.
Amendment 205 #
Proposal for a directive Recital 22 Amendment 205 #
Proposal for a directive Recital 22 Amendment 206 #
Proposal for a directive Recital 22 Amendment 206 #
Proposal for a directive Recital 22 Amendment 207 #
Proposal for a directive Recital 22 Amendment 207 #
Proposal for a directive Recital 22 Amendment 208 #
Proposal for a directive Recital 22 (22) In order to ensure fair competition between railway undertakings,
Amendment 208 #
Proposal for a directive Recital 22 (22) In order to ensure fair competition between railway undertakings,
Amendment 209 #
Proposal for a directive Recital 23 (23) In order to ensure dependable and adequate services, it is necessary to ensure that, at all times, railway undertakings meet certain requirements in relation to good repute, financial fitness, social standards and professional competence.
Amendment 209 #
Proposal for a directive Recital 23 (23) In order to ensure dependable and adequate services, it is necessary to ensure that, at all times, railway undertakings meet certain requirements in relation to good repute, financial fitness, social standards and professional competence.
Amendment 210 #
Proposal for a directive Recital 23 (23) In order to ensure dependable and adequate services, it is necessary to ensure that, at all times, railway undertakings meet certain requirements in relation to good repute, financial fitness and
Amendment 210 #
Proposal for a directive Recital 23 (23) In order to ensure dependable and adequate services, it is necessary to ensure that, at all times, railway undertakings meet certain requirements in relation to good repute, financial fitness and
Amendment 211 #
Proposal for a directive Recital 24 Amendment 211 #
Proposal for a directive Recital 24 Amendment 212 #
Proposal for a directive Recital 24 (24) For the protection of customers and third parties concerned it is important to ensure that railway undertakings are sufficiently insured against liability. Coverage of its liability in the event of accidents through guarantees provided by banks or other undertakings should also be allowed, provided that such coverage is offered under market conditions, does not result in a State aid and does not contain elements of discrimination against railway undertakings.
Amendment 212 #
Proposal for a directive Recital 24 (24) For the protection of customers and third parties concerned it is important to ensure that railway undertakings are sufficiently insured against liability. Coverage of its liability in the event of accidents through guarantees provided by banks or other undertakings should also be allowed, provided that such coverage is offered under market conditions, does not result in a State aid and does not contain elements of discrimination against railway undertakings.
Amendment 213 #
Proposal for a directive Recital 24 (24) For the protection of customers and third parties concerned it is
Amendment 213 #
Proposal for a directive Recital 24 (24) For the protection of customers and third parties concerned it is
Amendment 214 #
Proposal for a directive Recital 25 (25) A railway undertaking should also be required to comply with national and Union rules on the provision of railway services, applied in a non-discriminatory manner, which are intended to ensure that it can carry on its activity in complete safety and with due regard to health, social and work conditions and the rights of workers
Amendment 214 #
Proposal for a directive Recital 25 (25) A railway undertaking should also be required to comply with national and Union rules on the provision of railway services, applied in a non-discriminatory manner, which are intended to ensure that it can carry on its activity in complete safety and with due regard to health, social and work conditions and the rights of workers
Amendment 215 #
Proposal for a directive Recital 25 (25) All railway undertakings should also be required to comply with both national and Union rules on the provision of railway services, applied in a non-discriminatory manner, which are intended to ensure that it can carry on its activity in complete safety and with
Amendment 215 #
Proposal for a directive Recital 25 (25) All railway undertakings should also be required to comply with both national and Union rules on the provision of railway services, applied in a non-discriminatory manner, which are intended to ensure that it can carry on its activity in complete safety and with
Amendment 216 #
Proposal for a directive Recital 25 (25) All railway undertakings should also be required to comply with national and Union rules on the provision of railway services, applied in a non-discriminatory manner, which are intended to ensure that it can carry on its activity in complete safety and with
Amendment 216 #
Proposal for a directive Recital 25 (25) All railway undertakings should also be required to comply with national and Union rules on the provision of railway services, applied in a non-discriminatory manner, which are intended to ensure that it can carry on its activity in complete safety and with
Amendment 217 #
Proposal for a directive Recital 25 (25) A railway undertaking should also be required to comply with national and Union rules on the provision of railway services, applied in a non-discriminatory manner, which are intended to ensure that it can carry on its activity in complete safety and with due regard to health, social conditions and the rights of workers and consumers on
Amendment 217 #
Proposal for a directive Recital 25 (25) A railway undertaking should also be required to comply with national and Union rules on the provision of railway services, applied in a non-discriminatory manner, which are intended to ensure that it can carry on its activity in complete safety and with due regard to health, social conditions and the rights of workers and consumers on
Amendment 218 #
Proposal for a directive Recital 26 a (new) (26a) It is still the case that, too often, the granting of licences for railway undertakings’ rolling stock is unjustifiably impeded, which distorts market access. A strong remit for the European Railway Agency in this respect is therefore appropriate. The Commission is therefore called upon, as part of the review of Regulation (EC) No 881/2004, to investigate whether the European Railway Agency’s remit can be expanded in this regard.
Amendment 218 #
Proposal for a directive Recital 26 a (new) (26a) It is still the case that, too often, the granting of licences for railway undertakings’ rolling stock is unjustifiably impeded, which distorts market access. A strong remit for the European Railway Agency in this respect is therefore appropriate. The Commission is therefore called upon, as part of the review of Regulation (EC) No 881/2004, to investigate whether the European Railway Agency’s remit can be expanded in this regard.
Amendment 219 #
Proposal for a directive Recital 27 Amendment 219 #
Proposal for a directive Recital 27 Amendment 220 #
Proposal for a directive Recital 27 (27)
Amendment 220 #
Proposal for a directive Recital 27 (27)
Amendment 221 #
Proposal for a directive Recital 27 (27) To ensure transparency and non- discriminatory access to rail infrastructure and rail-related services for all railway undertakings, all the information required to use access rights is to be published in a network statement, including formats which are accessible for people with disabilities or reduced mobility.
Amendment 221 #
Proposal for a directive Recital 27 (27) To ensure transparency and non- discriminatory access to rail infrastructure and rail-related services for all railway undertakings, all the information required to use access rights is to be published in a network statement, including formats which are accessible for people with disabilities or reduced mobility.
Amendment 222 #
Proposal for a directive Recital 28 Amendment 222 #
Proposal for a directive Recital 28 Amendment 223 #
Proposal for a directive Recital 29 Amendment 223 #
Proposal for a directive Recital 29 Amendment 224 #
Proposal for a directive Recital 29 a (new) (29a) The concept of "fair and efficient pricing" (Commission Green Paper 1996) should in particular be applied to energy taxation, the internalisation of external costs, value-added taxes and other economic instruments. Policy should be based on the vision to stop unfair competition in disadvantage to the more sustainable transport modes.
Amendment 224 #
Proposal for a directive Recital 29 a (new) (29a) The concept of "fair and efficient pricing" (Commission Green Paper 1996) should in particular be applied to energy taxation, the internalisation of external costs, value-added taxes and other economic instruments. Policy should be based on the vision to stop unfair competition in disadvantage to the more sustainable transport modes.
Amendment 225 #
Proposal for a directive Recital 32 Amendment 225 #
Proposal for a directive Recital 32 Amendment 226 #
Proposal for a directive Recital 34 Amendment 226 #
Proposal for a directive Recital 34 Amendment 227 #
Proposal for a directive Recital 35 Amendment 227 #
Proposal for a directive Recital 35 Amendment 228 #
Proposal for a directive Recital 35 (35) Any charging scheme will send economic signals to users. It is important that those signals to railway undertakings should be consistent and clear and lead them to make rational and sustainable decisions.
Amendment 228 #
Proposal for a directive Recital 35 (35) Any charging scheme will send economic signals to users. It is important that those signals to railway undertakings should be consistent and clear and lead them to make rational and sustainable decisions.
Amendment 229 #
Proposal for a directive Recital 37 Amendment 229 #
Proposal for a directive Recital 37 Amendment 230 #
Proposal for a directive Recital 37 (37)
Amendment 230 #
Proposal for a directive Recital 37 (37)
Amendment 231 #
Proposal for a directive Recital 38 Amendment 231 #
Proposal for a directive Recital 38 Amendment 232 #
Proposal for a directive Recital 38 (38) Member States
Amendment 232 #
Proposal for a directive Recital 38 (38) Member States
Amendment 233 #
Proposal for a directive Recital 39 Amendment 233 #
Proposal for a directive Recital 39 Amendment 234 #
Proposal for a directive Recital 40 a (new) (40 a) Applicants offering single-wagon- load services need to be promoted in order to enlarge the potential market for new rail clients. It is therefore important that these applicants are being taken into account by the infrastructure manager when giving capacity to allow them to fully benefit from this legal framework and enlarge the rail market share for new sectors.
Amendment 234 #
Proposal for a directive Recital 40 a (new) (40 a) Applicants offering single-wagon- load services need to be promoted in order to enlarge the potential market for new rail clients. It is therefore important that these applicants are being taken into account by the infrastructure manager when giving capacity to allow them to fully benefit from this legal framework and enlarge the rail market share for new sectors.
Amendment 235 #
Proposal for a directive Recital 41 Amendment 235 #
Proposal for a directive Recital 41 Amendment 236 #
Proposal for a directive Recital 50 Amendment 236 #
Proposal for a directive Recital 50 Amendment 237 #
Proposal for a directive 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 (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 238 #
Proposal for a directive Recital 51 Amendment 238 #
Proposal for a directive Recital 51 Amendment 239 #
Proposal for a directive Recital 52 Amendment 239 #
Proposal for a directive Recital 52 Amendment 240 #
Proposal for a directive Recital 53 (53) Increased investment in railway infrastructure - in particular existing infrastructure - is necessary and infrastructure charging schemes should provide incentives for infrastructure managers to make appropriate investments economically attractive and environmentally sustainable.
Amendment 240 #
Proposal for a directive Recital 53 (53) Increased investment in railway infrastructure - in particular existing infrastructure - is necessary and infrastructure charging schemes should provide incentives for infrastructure managers to make appropriate investments economically attractive and environmentally sustainable.
Amendment 241 #
Proposal for a directive 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 (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 242 #
Proposal for a directive Recital 56 Amendment 242 #
Proposal for a directive Recital 56 Amendment 243 #
Proposal for a directive Recital 58 Amendment 243 #
Proposal for a directive Recital 58 Amendment 244 #
Proposal for a directive Recital 58 a (new) Amendment 244 #
Proposal for a directive Recital 58 a (new) Amendment 245 #
Proposal for a directive Recital 59 Amendment 245 #
Proposal for a directive Recital 59 Amendment 246 #
Proposal for a directive Recital 59 (59) The sustainable development of railway transport should be achieved by using inter alia the Union instruments available, without prejudice to priorities already established.
Amendment 246 #
Proposal for a directive Recital 59 (59) The sustainable development of railway transport should be achieved by using inter alia the Union instruments available, without prejudice to priorities already established.
Amendment 247 #
Proposal for a directive Recital 61 Amendment 247 #
Proposal for a directive Recital 61 Amendment 248 #
Proposal for a directive Recital 61 (61)
Amendment 248 #
Proposal for a directive Recital 61 (61)
Amendment 249 #
Proposal for a directive Recital 62 Amendment 249 #
Proposal for a directive Recital 62 Amendment 250 #
Proposal for a directive Recital 63 (63) The efficient management and fair and non-discriminatory use of rail infrastructure require the establishment of
Amendment 250 #
Proposal for a directive Recital 63 (63) The efficient management and fair and non-discriminatory use of rail infrastructure require the establishment of
Amendment 251 #
Proposal for a directive Recital 64 (64) Specific measures are required to take account of the
Amendment 251 #
Proposal for a directive Recital 64 (64) Specific measures are required to take account of the
Amendment 252 #
Proposal for a directive Recital 65 Amendment 252 #
Proposal for a directive Recital 65 Amendment 253 #
Proposal for a directive Recital 71 (71) This Directive should be without prejudice either to the time limits set out in Annex XI, Part B within which the Member States are to comply with the preceding Directives
Amendment 253 #
Proposal for a directive Recital 71 (71) This Directive should be without prejudice either to the time limits set out in Annex XI, Part B within which the Member States are to comply with the preceding Directives
Amendment 254 #
Proposal for a directive Article 2 – paragraph 1 1.
Amendment 254 #
Proposal for a directive Article 2 – paragraph 1 1.
Amendment 255 #
Proposal for a directive Article 2 – paragraph 1 1. Chapter II does not apply to railway undertakings which only operate urban, suburban or regional passenger and freight services.
Amendment 255 #
Proposal for a directive Article 2 – paragraph 1 1. Chapter II does not apply to railway undertakings which only operate urban, suburban or regional passenger and freight services.
Amendment 256 #
Proposal for a directive Article 2 – paragraph 2 – introductory part 2. Member States may exclude, in accordance with their national laws concerning safe operation conditions, the following from the application of Chapter III :
Amendment 256 #
Proposal for a directive Article 2 – paragraph 2 – introductory part 2. Member States may exclude, in accordance with their national laws concerning safe operation conditions, the following from the application of Chapter III :
Amendment 257 #
Proposal for a directive Article 2 – paragraph 2 – point a (a) railway undertakings which only operate rail passenger or freight services on local and regional stand-alone railway infrastructure;
Amendment 257 #
Proposal for a directive Article 2 – paragraph 2 – point a (a) railway undertakings which only operate rail passenger or freight services on local and regional stand-alone railway infrastructure;
Amendment 258 #
Proposal for a directive Article 2 – paragraph 2 – point a (a) undertakings which only operate rail passenger and freight services on local and regional stand-alone railway infrastructure;
Amendment 258 #
Proposal for a directive Article 2 – paragraph 2 – point a (a) undertakings which only operate rail passenger and freight services on local and regional stand-alone railway infrastructure;
Amendment 259 #
Proposal for a directive Article 2 – paragraph 2 – point b (b) railway undertakings which only operate urban or suburban rail passenger
Amendment 259 #
Proposal for a directive Article 2 – paragraph 2 – point b (b) railway undertakings which only operate urban or suburban rail passenger
Amendment 260 #
Proposal for a directive Article 2 – paragraph 2 – point c (c) railway undertakings which only operate regional rail freight services on networks which are only used by one railway undertaking not falling under provisions of paragraph 1 and until capacity on that network is requested by another applicant in addition to this railway undertaking;
Amendment 260 #
Proposal for a directive Article 2 – paragraph 2 – point c (c) railway undertakings which only operate regional rail freight services on networks which are only used by one railway undertaking not falling under provisions of paragraph 1 and until capacity on that network is requested by another applicant in addition to this railway undertaking;
Amendment 261 #
Proposal for a directive Article 2 – paragraph 2 – point d a (new) (d a) Member States may exclude from the application of Chapter II, III and IV railway infrastructure, whose track gauge is different from the main rail network within the Union who is standalone and used only for regional freight services.
Amendment 261 #
Proposal for a directive Article 2 – paragraph 2 – point d a (new) (d a) Member States may exclude from the application of Chapter II, III and IV railway infrastructure, whose track gauge is different from the main rail network within the Union who is standalone and used only for regional freight services.
Amendment 262 #
Proposal for a directive Article 2 – paragraph 3 a (new) 3a. Member States may exclude from the application of Article 31(5) vehicles operated or intended to be operated from and to third countries, running on a network whose track gauge is different from the main rail network within the Union.
Amendment 262 #
Proposal for a directive Article 2 – paragraph 3 a (new) 3a. Member States may exclude from the application of Article 31(5) vehicles operated or intended to be operated from and to third countries, running on a network whose track gauge is different from the main rail network within the Union.
Amendment 263 #
Proposal for a directive Article 2 – paragraph 3 – subparagraph 1 (new) Member States may decide time periods and deadlines for the schedule for capacity allocation different from those referred to in Article 43(1), Annex VIII point 4(b) and Annex IX for train paths to be established in cooperation with infrastructure managers of third countries on a network whose track gauge is different from the main rail network within the Union.
Amendment 263 #
Proposal for a directive Article 2 – paragraph 3 – subparagraph 1 (new) Member States may decide time periods and deadlines for the schedule for capacity allocation different from those referred to in Article 43(1), Annex VIII point 4(b) and Annex IX for train paths to be established in cooperation with infrastructure managers of third countries on a network whose track gauge is different from the main rail network within the Union.
Amendment 264 #
Proposal for a directive Article 2 – paragraph 3 – point a (a) local and regional stand-alone networks for passenger services on railway infrastructure and the railway undertakings operating trains on them;
Amendment 264 #
Proposal for a directive Article 2 – paragraph 3 – point a (a) local and regional stand-alone networks for passenger services on railway infrastructure and the railway undertakings operating trains on them;
Amendment 265 #
Proposal for a directive Article 2 – paragraph 3 – point a (a) local and regional stand-alone networks for passenger and freight services on railway infrastructure;
Amendment 265 #
Proposal for a directive Article 2 – paragraph 3 – point a (a) local and regional stand-alone networks for passenger and freight services on railway infrastructure;
Amendment 266 #
Proposal for a directive Article 2 – paragraph 3 – point b (b) networks
Amendment 266 #
Proposal for a directive Article 2 – paragraph 3 – point b (b) networks
Amendment 267 #
Proposal for a directive Article 2 – paragraph 3 – point b (b) networks
Amendment 267 #
Proposal for a directive Article 2 – paragraph 3 – point b (b) networks
Amendment 268 #
Proposal for a directive Article 2 – paragraph 3 – point d (d) privately owned railway infrastructure that exists solely for use by the infrastructure owner for its own freight operations and the railway undertakings concerned;
Amendment 268 #
Proposal for a directive Article 2 – paragraph 3 – point d (d) privately owned railway infrastructure that exists solely for use by the infrastructure owner for its own freight operations and the railway undertakings concerned;
Amendment 269 #
Proposal for a directive Article 2 – paragraph 4 4. This Directive does not apply to
Amendment 269 #
Proposal for a directive Article 2 – paragraph 4 4. This Directive does not apply to
Amendment 270 #
Proposal for a directive Article 3 – paragraph 1 – point 2 (2) "infrastructure manager" means any body or firm responsible
Amendment 270 #
Proposal for a directive Article 3 – paragraph 1 – point 2 (2) "infrastructure manager" means any body or firm responsible
Amendment 271 #
Proposal for a directive Article 3 – paragraph 1 – point 2 (2) ‘infrastructure manager’ means any body or firm which in no way forms part of, or is directly or indirectly linked to, an undertaking as referred to in paragraph 1 and is responsible in particular for establishing, managing and maintaining railway infrastructure, including traffic management and control-command and signalling; the functions of the infrastructure manager on a network or part of a network may be allocated to different bodies or firms;
Amendment 271 #
Proposal for a directive Article 3 – paragraph 1 – point 2 (2) ‘infrastructure manager’ means any body or firm which in no way forms part of, or is directly or indirectly linked to, an undertaking as referred to in paragraph 1 and is responsible in particular for establishing, managing and maintaining railway infrastructure, including traffic management and control-command and signalling; the functions of the infrastructure manager on a network or part of a network may be allocated to different bodies or firms;
Amendment 272 #
Proposal for a directive Article 3 – paragraph 1 – point 2 (2) "infrastructure manager" means any body or firm responsible in particular for establishing, managing and maintaining railway infrastructure, including traffic management and control-command and signalling; the essential functions of the infrastructure manager
Amendment 272 #
Proposal for a directive Article 3 – paragraph 1 – point 2 (2) "infrastructure manager" means any body or firm responsible in particular for establishing, managing and maintaining railway infrastructure, including traffic management and control-command and signalling; the essential functions of the infrastructure manager
Amendment 273 #
Proposal for a directive Article 3 – paragraph 1 – point 2 (2) ‘infrastructure manager’ means any body or firm responsible in particular for establishing, managing and maintaining railway infrastructure, including traffic management and control-command and signalling; the functions of the infrastructure manager on a network or part of a network may be allocated to different bodies or firms. These are: decision- making as regards the allocation of stretches of track, including the definition and evaluation of availability and the allocation of specific track stretches; decision-making on charges for infrastructure use, including their determination and collection, without prejudice to the provisions of Article 29(1); and investment in infrastructures;
Amendment 273 #
Proposal for a directive Article 3 – paragraph 1 – point 2 (2) ‘infrastructure manager’ means any body or firm responsible in particular for establishing, managing and maintaining railway infrastructure, including traffic management and control-command and signalling; the functions of the infrastructure manager on a network or part of a network may be allocated to different bodies or firms. These are: decision- making as regards the allocation of stretches of track, including the definition and evaluation of availability and the allocation of specific track stretches; decision-making on charges for infrastructure use, including their determination and collection, without prejudice to the provisions of Article 29(1); and investment in infrastructures;
Amendment 274 #
Proposal for a directive Article 3 – paragraph 1 – point 2 a (new) (2a) ‘regulatory body’ means a body which, in a Member State, supervises the correct application of the relevant regulations, is not in any way involved in policy-making, and is completely separate from firms, particularly the firms referred to in paragraphs 1 and 2, and also from the policy-making department in the same Member State;
Amendment 274 #
Proposal for a directive Article 3 – paragraph 1 – point 2 a (new) (2a) ‘regulatory body’ means a body which, in a Member State, supervises the correct application of the relevant regulations, is not in any way involved in policy-making, and is completely separate from firms, particularly the firms referred to in paragraphs 1 and 2, and also from the policy-making department in the same Member State;
Amendment 275 #
Proposal for a directive Article 3 – paragraph 1 – point 3 a (new) (3 a) "Institutional independence means the separation into two separate legal entities which do not belong to the same company";
Amendment 275 #
Proposal for a directive Article 3 – paragraph 1 – point 3 a (new) (3 a) "Institutional independence means the separation into two separate legal entities which do not belong to the same company";
Amendment 276 #
Proposal for a directive 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
Amendment 276 #
Proposal for a directive 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
Amendment 277 #
Proposal for a directive 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, with the exception of regional transport in a border region; 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;
Amendment 277 #
Proposal for a directive 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, with the exception of regional transport in a border region; 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;
Amendment 278 #
Proposal for a directive Article 3 – paragraph 1 – point 6 (6) "urban and suburban services" means
Amendment 278 #
Proposal for a directive Article 3 – paragraph 1 – point 6 (6) "urban and suburban services" means
Amendment 279 #
Proposal for a directive Article 3 – paragraph 1 – point 7 7) ‘regional services’ means transport services operated to meet the transport needs of
Amendment 279 #
Proposal for a directive Article 3 – paragraph 1 – point 7 7) ‘regional services’ means transport services operated to meet the transport needs of
Amendment 280 #
Proposal for a directive Article 3 – paragraph 1 – point 8 (8) "transit" means
Amendment 280 #
Proposal for a directive Article 3 – paragraph 1 – point 8 (8) "transit" means
Amendment 281 #
Proposal for a directive Article 3 – paragraph 1 – point 12 12) ‘applicant’ means a railway undertaking and other persons or legal entities, such as competent authorities under Regulation (EC) No 1370/2007 and shippers, freight forwarders and combined transport operators, with a public-service or commercial interest in procuring infrastructure capacity where provided for in national rules;
Amendment 281 #
Proposal for a directive Article 3 – paragraph 1 – point 12 12) ‘applicant’ means a railway undertaking and other persons or legal entities, such as competent authorities under Regulation (EC) No 1370/2007 and shippers, freight forwarders and combined transport operators, with a public-service or commercial interest in procuring infrastructure capacity where provided for in national rules;
Amendment 282 #
Proposal for a directive Article 3 – paragraph 1 – point 12 (12) "applicant" means a licensed railway undertaking
Amendment 282 #
Proposal for a directive Article 3 – paragraph 1 – point 12 (12) "applicant" means a licensed railway undertaking
Amendment 283 #
Proposal for a directive Article 3 – paragraph 1 – point 12 (12) ‘applicant’ means a licensed railway undertaking, and, in Member States which provide for such a possibility, other persons or legal entities, such as competent authorities under Regulation (EC) No 1370/2007 and shippers, freight forwarders and combined transport operators, with a public-service or commercial interest in procuring infrastructure capacity, for the operation of railway service on their respective territories;
Amendment 283 #
Proposal for a directive Article 3 – paragraph 1 – point 12 (12) ‘applicant’ means a licensed railway undertaking, and, in Member States which provide for such a possibility, other persons or legal entities, such as competent authorities under Regulation (EC) No 1370/2007 and shippers, freight forwarders and combined transport operators, with a public-service or commercial interest in procuring infrastructure capacity, for the operation of railway service on their respective territories;
Amendment 284 #
Proposal for a directive Article 3 – paragraph 1 – point 12 (12) ‘applicant’ means a licensed railway undertaking, and, in Member States which provide for such a possibility, other persons or legal entities, such as competent authorities under Regulation (EC) No 1370/2007 and shippers, freight forwarders and combined transport operators, with a public-service or commercial interest in procuring infrastructure capacity
Amendment 284 #
Proposal for a directive Article 3 – paragraph 1 – point 12 (12) ‘applicant’ means a licensed railway undertaking, and, in Member States which provide for such a possibility, other persons or legal entities, such as competent authorities under Regulation (EC) No 1370/2007 and shippers, freight forwarders and combined transport operators, with a public-service or commercial interest in procuring infrastructure capacity
Amendment 285 #
Proposal for a directive Article 3 – paragraph 1 – point 12 a (new) (12a) The regulatory authority shall be a stand-alone, independent authority established in each Member State under the conditions laid down in Article 55 hereof.
Amendment 285 #
Proposal for a directive Article 3 – paragraph 1 – point 12 a (new) (12a) The regulatory authority shall be a stand-alone, independent authority established in each Member State under the conditions laid down in Article 55 hereof.
Amendment 286 #
Proposal for a directive Article 3 – paragraph 1 – point 21 a (new) Amendment 286 #
Proposal for a directive Article 3 – paragraph 1 – point 21 a (new) Amendment 287 #
Proposal for a directive Article 3 – paragraph 1 – point 21 a (new) Amendment 287 #
Proposal for a directive Article 3 – paragraph 1 – point 21 a (new) Amendment 288 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that as regards management, administration and internal control over administrative, economic and accounting matters railway undertakings
Amendment 288 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that as regards management, administration and internal control over administrative, economic and accounting matters railway undertakings
Amendment 289 #
Proposal for a directive Article 4 – paragraph 2 2. While respecting the charging and allocation framework and the specific rules established by the Member States, the infrastructure manager shall be responsible for its own management, administration and internal control, which means that it must, as an autonomous business, have at its disposal, under its own management, all business services.
Amendment 289 #
Proposal for a directive Article 4 – paragraph 2 2. While respecting the charging and allocation framework and the specific rules established by the Member States, the infrastructure manager shall be responsible for its own management, administration and internal control, which means that it must, as an autonomous business, have at its disposal, under its own management, all business services.
Amendment 290 #
Proposal for a directive Article 4 – paragraph 2 a (new) 2a. The infrastructure manager shall manage its own IT services, to ensure that commercially sensitive information is adequately protected.
Amendment 290 #
Proposal for a directive Article 4 – paragraph 2 a (new) 2a. The infrastructure manager shall manage its own IT services, to ensure that commercially sensitive information is adequately protected.
Amendment 291 #
Proposal for a directive Article 4 – paragraph 2 b (new) 2b. Member States shall also ensure that both railway undertakings and infrastructure managers which are not completely independent of one another are responsible for their own personnel policies.
Amendment 291 #
Proposal for a directive Article 4 – paragraph 2 b (new) 2b. Member States shall also ensure that both railway undertakings and infrastructure managers which are not completely independent of one another are responsible for their own personnel policies.
Amendment 292 #
Proposal for a directive Article 5 – title Management of the railway undertakings
Amendment 292 #
Proposal for a directive Article 5 – title Management of the railway undertakings
Amendment 293 #
Proposal for a directive Article 5 – paragraph 1 – subparagraph 1 Member States shall enable railway undertakings to adjust their activities to the market and to
Amendment 293 #
Proposal for a directive Article 5 – paragraph 1 – subparagraph 1 Member States shall enable railway undertakings to adjust their activities to the market and to
Amendment 294 #
Proposal for a directive Article 5 – paragraph 1 – subparagraph 2 Railway undertakings
Amendment 294 #
Proposal for a directive Article 5 – paragraph 1 – subparagraph 2 Railway undertakings
Amendment 295 #
Proposal for a directive Article 5 – paragraph 2 2. Railway undertakings shall determine their business plans, including their investment and financing programmes.
Amendment 295 #
Proposal for a directive Article 5 – paragraph 2 2. Railway undertakings shall determine their business plans, including their investment and financing programmes.
Amendment 296 #
Proposal for a directive Article 5 – paragraph 2 2. Railway undertakings shall determine their business plans, including their investment and financing programmes. Such plans shall be designed to achieve the
Amendment 296 #
Proposal for a directive Article 5 – paragraph 2 2. Railway undertakings shall determine their business plans, including their investment and financing programmes. Such plans shall be designed to achieve the
Amendment 297 #
Proposal for a directive Article 5 – paragraph 3 – point e e) establish new activities in fields associated with the railway business
Amendment 297 #
Proposal for a directive Article 5 – paragraph 3 – point e e) establish new activities in fields associated with the railway business
Amendment 298 #
Proposal for a directive Article 5 – paragraph 4 Amendment 298 #
Proposal for a directive Article 5 – paragraph 4 Amendment 299 #
Proposal for a directive Article 5 – paragraph 4 Amendment 299 #
Proposal for a directive Article 5 – paragraph 4 Amendment 300 #
Proposal for a directive Section 2 – title Separation of infrastructure management and transport operations
Amendment 300 #
Proposal for a directive Section 2 – title Separation of infrastructure management and transport operations
Amendment 301 #
Proposal for a directive Article 6 – title Amendment 301 #
Proposal for a directive Article 6 – title Amendment 303 #
Proposal for a directive Article 6 – paragraph 1 1. Member States shall ensure that separate profit and loss accounts and balance sheets are kept and published, on the one hand, for business relating to the provision of transport services by railway undertakings and, on the other, for business relating to the management of railway infrastructure. Public funds paid to one of these two areas of activity shall not be transferred to the other, unless they are not related to compensate public service obligation in the framework of transport services as services of public interest.
Amendment 303 #
Proposal for a directive Article 6 – paragraph 1 1. Member States shall ensure that separate profit and loss accounts and balance sheets are kept and published, on the one hand, for business relating to the provision of transport services by railway undertakings and, on the other, for business relating to the management of railway infrastructure. Public funds paid to one of these two areas of activity shall not be transferred to the other, unless they are not related to compensate public service obligation in the framework of transport services as services of public interest.
Amendment 304 #
Proposal for a directive Article 6 – paragraph 1 1. Member States shall ensure that separate profit and loss accounts and balance sheets are kept and published, on the one hand, for business relating to the provision of transport services by railway undertakings and, on the other, for business relating to the management of railway infrastructure. Public funds and track access charges paid to one of these two areas of activity shall not be transferred to the other.
Amendment 304 #
Proposal for a directive Article 6 – paragraph 1 1. Member States shall ensure that separate profit and loss accounts and balance sheets are kept and published, on the one hand, for business relating to the provision of transport services by railway undertakings and, on the other, for business relating to the management of railway infrastructure. Public funds and track access charges paid to one of these two areas of activity shall not be transferred to the other.
Amendment 305 #
Proposal for a directive Article 6 – paragraph 2 2. Member States may also provide that this separation shall require the organisation of distinct divisions within a single undertaking or that the infrastructure and transport services shall be managed by separate entities. The methods of structural separation chosen should aim to ensure the development of competition, continued investment and the cost- effectiveness of service provision.
Amendment 305 #
Proposal for a directive Article 6 – paragraph 2 2. Member States may also provide that this separation shall require the organisation of distinct divisions within a single undertaking or that the infrastructure and transport services shall be managed by separate entities. The methods of structural separation chosen should aim to ensure the development of competition, continued investment and the cost- effectiveness of service provision.
Amendment 306 #
Proposal for a directive Article 6 – paragraph 2 a (new) 2 a. Member States shall provide that income from infrastructure charges, surpluses from other commercial activities and State funding of the infrastructure manager shall not be transferable to another legal entity.
Amendment 306 #
Proposal for a directive Article 6 – paragraph 2 a (new) 2 a. Member States shall provide that income from infrastructure charges, surpluses from other commercial activities and State funding of the infrastructure manager shall not be transferable to another legal entity.
Amendment 307 #
Proposal for a directive Article 6 – paragraph 2 a (new) Amendment 307 #
Proposal for a directive Article 6 – paragraph 2 a (new) Amendment 308 #
Proposal for a directive Article 6 – paragraph 3 3. Member States shall ensure that separate profit and loss accounts and balance sheets are kept and published
Amendment 308 #
Proposal for a directive Article 6 – paragraph 3 3. Member States shall ensure that separate profit and loss accounts and balance sheets are kept and published
Amendment 309 #
Proposal for a directive Article 6 – paragraph 4 4.
Amendment 309 #
Proposal for a directive Article 6 – paragraph 4 4.
Amendment 310 #
Proposal for a directive Article 6 – paragraph 4 4. The accounts for the different areas of activity referred to in paragraphs 1 and 3 shall be kept in a way that allows monitoring of the prohibition on transferring public funds and track access charges paid to one area of activity to another. To this end the infrastructure manager shall publish data relating to its revenues, identifying revenues from public funds and revenues from track access charges, as well as identifying investments made in maintenance, renewal of rail infrastructures and facilities.
Amendment 310 #
Proposal for a directive Article 6 – paragraph 4 4. The accounts for the different areas of activity referred to in paragraphs 1 and 3 shall be kept in a way that allows monitoring of the prohibition on transferring public funds and track access charges paid to one area of activity to another. To this end the infrastructure manager shall publish data relating to its revenues, identifying revenues from public funds and revenues from track access charges, as well as identifying investments made in maintenance, renewal of rail infrastructures and facilities.
Amendment 311 #
Proposal for a directive Article 6 – paragraph 4 4.
Amendment 311 #
Proposal for a directive Article 6 – paragraph 4 4.
Amendment 312 #
Proposal for a directive Article 7 – title Independence of
Amendment 312 #
Proposal for a directive Article 7 – title Independence of
Amendment 313 #
Proposal for a directive Article 7 – paragraph 1 a (new) (1a) The formation of an association within a concern shall not represent a breach of the provisions of this article if guarantees are provided that the undertakings are legally autonomous.
Amendment 313 #
Proposal for a directive Article 7 – paragraph 1 a (new) (1a) The formation of an association within a concern shall not represent a breach of the provisions of this article if guarantees are provided that the undertakings are legally autonomous.
Amendment 314 #
Proposal for a directive Article 7 – paragraph 1 – subparagraph 1 Member States shall ensure that the functions determining equitable and non- discriminatory access to infrastructure
Amendment 314 #
Proposal for a directive Article 7 – paragraph 1 – subparagraph 1 Member States shall ensure that the functions determining equitable and non- discriminatory access to infrastructure
Amendment 315 #
Proposal for a directive Article 7 – paragraph 1 – subparagraph 1 Member States shall ensure that the functions determining equitable and non- discriminatory access to infrastructure, listed in Annex II, are entrusted to bodies or firms that do not themselves provide any rail transport services. Regardless of the organisational structure of these bodies or firms, this objective must be shown to have been achieved. The regulatory body shall ensure the proper application of these principles in accordance with the arrangements set out in Article 56.
Amendment 315 #
Proposal for a directive Article 7 – paragraph 1 – subparagraph 1 Member States shall ensure that the functions determining equitable and non- discriminatory access to infrastructure, listed in Annex II, are entrusted to bodies or firms that do not themselves provide any rail transport services. Regardless of the organisational structure of these bodies or firms, this objective must be shown to have been achieved. The regulatory body shall ensure the proper application of these principles in accordance with the arrangements set out in Article 56.
Amendment 316 #
Proposal for a directive Article 7 – paragraph 1 – subparagraph 1 Amendment 316 #
Proposal for a directive Article 7 – paragraph 1 – subparagraph 1 Amendment 317 #
Proposal for a directive Article 7 – paragraph 1 – subparagraph 1 Member States shall ensure that the functions determining equitable and non- discriminatory access to infrastructure, listed in Annex II, are entrusted to bodies or firms that do not themselves provide any rail transport services. Regardless of organisational structure, this objective must be shown to have been achieved. However, in managing the traffic on the network effective cooperation of railway undertakings and infrastructure managers is essential.
Amendment 317 #
Proposal for a directive Article 7 – paragraph 1 – subparagraph 1 Member States shall ensure that the functions determining equitable and non- discriminatory access to infrastructure, listed in Annex II, are entrusted to bodies or firms that do not themselves provide any rail transport services. Regardless of organisational structure, this objective must be shown to have been achieved. However, in managing the traffic on the network effective cooperation of railway undertakings and infrastructure managers is essential.
Amendment 318 #
Proposal for a directive Article 7 – paragraph 1 – subparagraph 1 Member States shall ensure that the functions determining equitable and non- discriminatory access to infrastructure, listed in Annex II, are entrusted to bodies or firms that do not themselves provide any rail transport services. Regardless of organisational structure, this objective must be shown to have been achieved. This does not mean that railway undertakings and the infrastructure manager cannot cooperate closely in everyday operations on the rail network in a Member State.
Amendment 318 #
Proposal for a directive Article 7 – paragraph 1 – subparagraph 1 Member States shall ensure that the functions determining equitable and non- discriminatory access to infrastructure, listed in Annex II, are entrusted to bodies or firms that do not themselves provide any rail transport services. Regardless of organisational structure, this objective must be shown to have been achieved. This does not mean that railway undertakings and the infrastructure manager cannot cooperate closely in everyday operations on the rail network in a Member State.
Amendment 319 #
Proposal for a directive Article 7 – paragraph 1 – subparagraph 1 Amendment 319 #
Proposal for a directive Article 7 – paragraph 1 – subparagraph 1 Amendment 320 #
Proposal for a directive Article 7 – paragraph 1 – subparagraph 1 Member States shall ensure that the functions determining equitable and non- discriminatory access to infrastructure
Amendment 320 #
Proposal for a directive Article 7 – paragraph 1 – subparagraph 1 Member States shall ensure that the functions determining equitable and non- discriminatory access to infrastructure
Amendment 321 #
Proposal for a directive Article 7 – paragraph 1 – subparagraph 1 Amendment 321 #
Proposal for a directive Article 7 – paragraph 1 – subparagraph 1 Amendment 322 #
Proposal for a directive Article 7 – paragraph 1 – subparagraph 1 Member States shall ensure that the functions determining equitable and non- discriminatory access to infrastructure, listed in Annex II, are entrusted to bodies or firms that do not themselves provide any rail transport services. Regardless of organisational structure, this objective must be shown to have been achieved. This does not mean that railway undertakings and the infrastructure manager can not closely cooperate in managing the traffic on the network.
Amendment 322 #
Proposal for a directive Article 7 – paragraph 1 – subparagraph 1 Member States shall ensure that the functions determining equitable and non- discriminatory access to infrastructure, listed in Annex II, are entrusted to bodies or firms that do not themselves provide any rail transport services. Regardless of organisational structure, this objective must be shown to have been achieved. This does not mean that railway undertakings and the infrastructure manager can not closely cooperate in managing the traffic on the network.
Amendment 323 #
Proposal for a directive Article 7 – paragraph 1 – subparagraph 1 Amendment 323 #
Proposal for a directive Article 7 – paragraph 1 – subparagraph 1 Amendment 324 #
Proposal for a directive Article 7 – paragraph 1 – subparagraph 2 Amendment 324 #
Proposal for a directive Article 7 – paragraph 1 – subparagraph 2 Amendment 325 #
Proposal for a directive Article 7 – paragraph 1 – subparagraph 2 Amendment 325 #
Proposal for a directive Article 7 – paragraph 1 – subparagraph 2 Amendment 326 #
Proposal for a directive Article 7 – paragraph 1 – subparagraph 2 Amendment 326 #
Proposal for a directive Article 7 – paragraph 1 – subparagraph 2 Amendment 327 #
Proposal for a directive Article 7 – paragraph 1 – subparagraph 3 Member States may
Amendment 327 #
Proposal for a directive Article 7 – paragraph 1 – subparagraph 3 Member States may
Amendment 328 #
Proposal for a directive Article 7 – paragraph 2 Amendment 328 #
Proposal for a directive Article 7 – paragraph 2 Amendment 329 #
Proposal for a directive Article 7 – paragraph 2 Amendment 329 #
Proposal for a directive Article 7 – paragraph 2 Amendment 330 #
Proposal for a directive Article 7 – paragraph 2 2. Where the infrastructure manager, in its legal form, organisation or decision- making functions, is not independent of any railway undertaking,
Amendment 330 #
Proposal for a directive Article 7 – paragraph 2 2. Where the infrastructure manager, in its legal form, organisation or decision- making functions, is not independent of any railway undertaking,
Amendment 331 #
Proposal for a directive Article 7 – paragraph 2 2. Where the infrastructure manager, in its institutional and legal form
Amendment 331 #
Proposal for a directive Article 7 – paragraph 2 2. Where the infrastructure manager, in its institutional and legal form
Amendment 332 #
Proposal for a directive Article 7 – paragraph 2 a (new) 2 a. In order to ensure the independence of decision-making in the performance of essential functions under this paragraph, Member States shall ensure that, from the date of transposition of this directive, the staff responsible for the performance of essential functions must be: (a) legally or contractually independent from any railway undertaking or from a company controlling one or more railway companies, (b) located in separate premises of any railway undertaking, or of a company controlling one or more railway companies, (c) legally or contractually subject to respect for confidentiality of information relating to their functions;
Amendment 332 #
Proposal for a directive Article 7 – paragraph 2 a (new) 2 a. In order to ensure the independence of decision-making in the performance of essential functions under this paragraph, Member States shall ensure that, from the date of transposition of this directive, the staff responsible for the performance of essential functions must be: (a) legally or contractually independent from any railway undertaking or from a company controlling one or more railway companies, (b) located in separate premises of any railway undertaking, or of a company controlling one or more railway companies, (c) legally or contractually subject to respect for confidentiality of information relating to their functions;
Amendment 333 #
Proposal for a directive Article 7 – paragraph 2 a (new) 2 a. In order to ensure the independence of decision-making in the performance of essential functions under this paragraph, Member States shall ensure that, from the date of transposition of this directive, the staff responsible for the performance of essential functions must be prevented from holding any position in a railway company or in a company controlling one or more railway undertakings for a period of two years.
Amendment 333 #
Proposal for a directive Article 7 – paragraph 2 a (new) 2 a. In order to ensure the independence of decision-making in the performance of essential functions under this paragraph, Member States shall ensure that, from the date of transposition of this directive, the staff responsible for the performance of essential functions must be prevented from holding any position in a railway company or in a company controlling one or more railway undertakings for a period of two years.
Amendment 334 #
Proposal for a directive Article 7 – paragraph 3 3.
Amendment 334 #
Proposal for a directive Article 7 – paragraph 3 3.
Amendment 335 #
Proposal for a directive Article 7 – paragraph 3 3.
Amendment 335 #
Proposal for a directive Article 7 – paragraph 3 3.
Amendment 336 #
Proposal for a directive Article 7 – paragraph 3 a (new) 3a. If structural changes are required to bring the national organisations in line with this directive, all transfers of staff shall respect the relevant national legislation and regulatory provisions on health, safety, social conditions and the rights of workers and shall not lead to any deterioration of the social and working conditions of workers.
Amendment 336 #
Proposal for a directive Article 7 – paragraph 3 a (new) 3a. If structural changes are required to bring the national organisations in line with this directive, all transfers of staff shall respect the relevant national legislation and regulatory provisions on health, safety, social conditions and the rights of workers and shall not lead to any deterioration of the social and working conditions of workers.
Amendment 337 #
Proposal for a directive Article 7 – paragraph 3 a (new) 3 a. An association within a group does not contradict the stipulations of this Article, provided it is ensured that the companies or the legal entities are independent under the company law.
Amendment 337 #
Proposal for a directive Article 7 – paragraph 3 a (new) 3 a. An association within a group does not contradict the stipulations of this Article, provided it is ensured that the companies or the legal entities are independent under the company law.
Amendment 338 #
Proposal for a directive 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) 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 339 #
Proposal for a directive Article 7 – paragraph 3 a (new) 3 a. Without prejudice to the criteria laid down in Annex Ia transfer of staff shall be allowed between infrastructure managers and railway undertakings under the condition that the prohibition on transferring commercially sensitive information related to the essential functions is duly respected. The transfer of such staff shall respect the relevant national law and regulatory provisions on health, safety, social conditions and the rights of workers and shall not lead to any deterioration of the social and working conditions of workers.
Amendment 339 #
Proposal for a directive Article 7 – paragraph 3 a (new) 3 a. Without prejudice to the criteria laid down in Annex Ia transfer of staff shall be allowed between infrastructure managers and railway undertakings under the condition that the prohibition on transferring commercially sensitive information related to the essential functions is duly respected. The transfer of such staff shall respect the relevant national law and regulatory provisions on health, safety, social conditions and the rights of workers and shall not lead to any deterioration of the social and working conditions of workers.
Amendment 340 #
Proposal for a directive Article 7 – paragraph 3 a (new) 3 a. Without prejudice to the criteria laid down in Annex Ia transfer of staff shall be allowed between infrastructure managers and railway undertakings under the condition that the prohibition on transferring commercially sensitive information related to the essential functions is duly respected. The transfer of such staff shall respect the relevant national law and regulatory provisions on health, safety, social conditions and the rights of workers and shall not lead to any deterioration of the social and working conditions of workers.
Amendment 340 #
Proposal for a directive Article 7 – paragraph 3 a (new) 3 a. Without prejudice to the criteria laid down in Annex Ia transfer of staff shall be allowed between infrastructure managers and railway undertakings under the condition that the prohibition on transferring commercially sensitive information related to the essential functions is duly respected. The transfer of such staff shall respect the relevant national law and regulatory provisions on health, safety, social conditions and the rights of workers and shall not lead to any deterioration of the social and working conditions of workers.
Amendment 341 #
Proposal for a directive Article 8 – paragraph 1 1. Member States shall develop their national railway infrastructure by taking into account, where necessary, the general needs of the Union. For this purpose, they shall publish at the latest two years after the entry into force of this Directive a rail infrastructure development strategy – which will be discussed with the local and regional authorities concerned as well as other interested parties – with a view to meeting future mobility needs based on sound and sustainable financing of the railway system. The strategy shall cover a period of at least five years and be renewable.
Amendment 341 #
Proposal for a directive Article 8 – paragraph 1 1. Member States shall develop their national railway infrastructure by taking into account, where necessary, the general needs of the Union. For this purpose, they shall publish at the latest two years after the entry into force of this Directive a rail infrastructure development strategy – which will be discussed with the local and regional authorities concerned as well as other interested parties – with a view to meeting future mobility needs based on sound and sustainable financing of the railway system. The strategy shall cover a period of at least five years and be renewable.
Amendment 342 #
Proposal for a directive Article 8 – paragraph 1 (1) Member States shall develop their national railway infrastructure by taking into account, where necessary, the general needs of the Union. For this purpose, they shall publish, at the latest two years after the entry into force of this Directive and after consultation of all the stakeholders and in particular trade unions, sectoral unions and users’ representatives, a rail infrastructure development strategy with a view to meeting future mobility needs based on sound and sustainable financing of the railway system. The strategy shall cover a period of at least ten years, with five
Amendment 342 #
Proposal for a directive Article 8 – paragraph 1 (1) Member States shall develop their national railway infrastructure by taking into account, where necessary, the general needs of the Union. For this purpose, they shall publish, at the latest two years after the entry into force of this Directive and after consultation of all the stakeholders and in particular trade unions, sectoral unions and users’ representatives, a rail infrastructure development strategy with a view to meeting future mobility needs based on sound and sustainable financing of the railway system. The strategy shall cover a period of at least ten years, with five
Amendment 343 #
Proposal for a directive Article 8 – paragraph 2 2.
Amendment 343 #
Proposal for a directive Article 8 – paragraph 2 2.
Amendment 344 #
Proposal for a directive Article 8 – paragraph 2 2.
Amendment 344 #
Proposal for a directive Article 8 – paragraph 2 2.
Amendment 345 #
Proposal for a directive Article 8 – paragraph 2 2.
Amendment 345 #
Proposal for a directive Article 8 – paragraph 2 2.
Amendment 346 #
Proposal for a directive Article 8 – paragraph 2 2.
Amendment 346 #
Proposal for a directive Article 8 – paragraph 2 2.
Amendment 347 #
Proposal for a directive Article 8 – paragraph 2 2. Having due regard to Articles 93, 107 and 108 of the Treaty, Member States
Amendment 347 #
Proposal for a directive Article 8 – paragraph 2 2. Having due regard to Articles 93, 107 and 108 of the Treaty, Member States
Amendment 348 #
Proposal for a directive 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 a
Amendment 348 #
Proposal for a directive 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 a
Amendment 349 #
Proposal for a directive 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
Amendment 349 #
Proposal for a directive 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
Amendment 350 #
Proposal for a directive 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 potential interested or existing applicants are consulted before the business plan is approved
Amendment 350 #
Proposal for a directive 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 potential interested or existing applicants are consulted before the business plan is approved
Amendment 351 #
Proposal for a directive 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 business plan is approved. The regulatory body referred to in Article 55 shall
Amendment 351 #
Proposal for a directive 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 business plan is approved. The regulatory body referred to in Article 55 shall
Amendment 352 #
Proposal for a directive Article 8 – paragraph 3 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
Amendment 352 #
Proposal for a directive Article 8 – paragraph 3 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
Amendment 353 #
Proposal for a directive Article 8 – paragraph 4 – subparagraph 1 Amendment 353 #
Proposal for a directive Article 8 – paragraph 4 – subparagraph 1 Amendment 354 #
Proposal for a directive Article 8 – paragraph 4 – subparagraph 1 Member States shall ensure that, under normal business conditions and over a
Amendment 354 #
Proposal for a directive Article 8 – paragraph 4 – subparagraph 1 Member States shall ensure that, under normal business conditions and over a
Amendment 355 #
Proposal for a directive Article 8 – paragraph 4 – subparagraph 1 Member States shall ensure that, under normal business conditions
Amendment 355 #
Proposal for a directive Article 8 – paragraph 4 – subparagraph 1 Member States shall ensure that, under normal business conditions
Amendment 356 #
Proposal for a directive Article 8 – paragraph 4 – subparagraph 2 Amendment 356 #
Proposal for a directive Article 8 – paragraph 4 – subparagraph 2 Amendment 357 #
Proposal for a directive Article 9 – paragraph 2 – subparagraph 2 The balance sheet of the unit may be charged, until they are extinguished, with all the loans raised by the undertaking both
Amendment 357 #
Proposal for a directive Article 9 – paragraph 2 – subparagraph 2 The balance sheet of the unit may be charged, until they are extinguished, with all the loans raised by the undertaking both
Amendment 358 #
Proposal for a directive Article 9 – paragraph 3 (3) Paragraphs 1 and 2 shall not apply to debts or interest due on such debts incurred by undertakings after
Amendment 358 #
Proposal for a directive Article 9 – paragraph 3 (3) Paragraphs 1 and 2 shall not apply to debts or interest due on such debts incurred by undertakings after
Amendment 359 #
Proposal for a directive 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
Amendment 359 #
Proposal for a directive 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
Amendment 360 #
Proposal for a directive 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 servic
Amendment 360 #
Proposal for a directive 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 servic
Amendment 361 #
Proposal for a directive Article 10 – paragraph 2 – subparagraph 2 Amendment 361 #
Proposal for a directive Article 10 – paragraph 2 – subparagraph 2 Amendment 362 #
Proposal for a directive Article 10 – paragraph 2 – subparagraph 2 Amendment 362 #
Proposal for a directive Article 10 – paragraph 2 – subparagraph 2 Amendment 363 #
Proposal for a directive Article 10 – paragraph 2 – subparagraph 2 The right of access to the infrastructure of the Member States for which the share of international carriage of passengers by train constitutes more than half of the passenger turnover of railway undertakings in that Member State shall be granted
Amendment 363 #
Proposal for a directive Article 10 – paragraph 2 – subparagraph 2 The right of access to the infrastructure of the Member States for which the share of international carriage of passengers by train constitutes more than half of the passenger turnover of railway undertakings in that Member State shall be granted
Amendment 364 #
Proposal for a directive Article 10 – paragraph 2 – subparagraph 3 Amendment 364 #
Proposal for a directive Article 10 – paragraph 2 – subparagraph 3 Amendment 365 #
Proposal for a directive Article 10 – paragraph 2 – subparagraph 3 Amendment 365 #
Proposal for a directive Article 10 – paragraph 2 – subparagraph 3 Amendment 366 #
Proposal for a directive Article 10 – paragraph 2 – subparagraph 3 a (new) In no event must the conditions of access to railway infrastructure result in it being impossible for passengers to obtain information on, or to purchase a ticket for, travel from one location to another, regardless of the number of railway transport operators providing, in whole or in part, passenger transport services between those two locations.
Amendment 366 #
Proposal for a directive Article 10 – paragraph 2 – subparagraph 3 a (new) In no event must the conditions of access to railway infrastructure result in it being impossible for passengers to obtain information on, or to purchase a ticket for, travel from one location to another, regardless of the number of railway transport operators providing, in whole or in part, passenger transport services between those two locations.
Amendment 367 #
Proposal for a directive Article 10 – paragraph 2 – subparagraph 4 Amendment 367 #
Proposal for a directive Article 10 – paragraph 2 – subparagraph 4 Amendment 368 #
Proposal for a directive Article 10 – paragraph 2 – subparagraph 4 Amendment 368 #
Proposal for a directive Article 10 – paragraph 2 – subparagraph 4 Amendment 369 #
Proposal for a directive Article 10 – paragraph 2 – subparagraph 4 Amendment 369 #
Proposal for a directive Article 10 – paragraph 2 – subparagraph 4 Amendment 370 #
Proposal for a directive Article 10 – paragraph 2 – subparagraphs 4 a and 4 b (new) Furthermore, within 12 months of the entry into force of this Directive, railway undertakings within the Directive’s scope shall be granted, on equitable, non- discriminatory and transparent conditions, access to the infrastructure in all Member States for the purpose of operating all types of passenger rail services, without prejudice to public service contracts already in place, which shall continue to be valid until they expire. The provisions of this paragraph do not require a Member State to grant, before the end of that period of 12 months from the Directive’s entry into force, a right of access for the purpose of operating domestic passenger services to railway undertakings and undertakings directly or indirectly controlled by them that are licensed in a Member State where access rights of a similar nature are not granted.
Amendment 370 #
Proposal for a directive Article 10 – paragraph 2 – subparagraphs 4 a and 4 b (new) Furthermore, within 12 months of the entry into force of this Directive, railway undertakings within the Directive’s scope shall be granted, on equitable, non- discriminatory and transparent conditions, access to the infrastructure in all Member States for the purpose of operating all types of passenger rail services, without prejudice to public service contracts already in place, which shall continue to be valid until they expire. The provisions of this paragraph do not require a Member State to grant, before the end of that period of 12 months from the Directive’s entry into force, a right of access for the purpose of operating domestic passenger services to railway undertakings and undertakings directly or indirectly controlled by them that are licensed in a Member State where access rights of a similar nature are not granted.
Amendment 371 #
Proposal for a directive 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
Amendment 371 #
Proposal for a directive 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
Amendment 372 #
Proposal for a directive 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
Amendment 372 #
Proposal for a directive 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
Amendment 373 #
Proposal for a directive Article 11 – paragraph 1 1. Member States or the concerned competent local authorities stipulating a public service contract, 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 socio-economic equilibrium
Amendment 373 #
Proposal for a directive Article 11 – paragraph 1 1. Member States or the concerned competent local authorities stipulating a public service contract, 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 socio-economic equilibrium
Amendment 374 #
Proposal for a directive 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 or on the route of a domestic service, except where the exercise of this right would compromise the economic equilibrium of services covered by a public service contract.
Amendment 374 #
Proposal for a directive 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 or on the route of a domestic service, except where the exercise of this right would compromise the economic equilibrium of services covered by a public service contract.
Amendment 375 #
Proposal for a directive Article 11 – paragraph 1 a (new) (1a) The conditions of access to railway infrastructure must not result in it being impossible for passengers to obtain information on, or to purchase a ticket for, travel from one location to another, regardless of the number of railway transport operators providing, in whole or in part, passenger transport services between those two locations.
Amendment 375 #
Proposal for a directive Article 11 – paragraph 1 a (new) (1a) The conditions of access to railway infrastructure must not result in it being impossible for passengers to obtain information on, or to purchase a ticket for, travel from one location to another, regardless of the number of railway transport operators providing, in whole or in part, passenger transport services between those two locations.
Amendment 376 #
Proposal for a directive Article 11 – paragraph 2 – subparagraph 1 – introductory part Whether the
Amendment 376 #
Proposal for a directive Article 11 – paragraph 2 – subparagraph 1 – introductory part Whether the
Amendment 377 #
Proposal for a directive Article 11 – paragraph 2 – subparagraph 1 – introductory part Amendment 377 #
Proposal for a directive Article 11 – paragraph 2 – subparagraph 1 – introductory part Amendment 378 #
Proposal for a directive Article 11 – paragraph 2 – subparagraph 1 – introductory part Whether the economic equilibrium of services covered by a public service contract 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-
Amendment 378 #
Proposal for a directive Article 11 – paragraph 2 – subparagraph 1 – introductory part Whether the economic equilibrium of services covered by a public service contract 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-
Amendment 379 #
Proposal for a directive Article 11 – paragraph 2 – subparagraph 1 – point d a (new) da) associations representing users and staff.
Amendment 379 #
Proposal for a directive Article 11 – paragraph 2 – subparagraph 1 – point d a (new) da) associations representing users and staff.
Amendment 380 #
Proposal for a directive 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
Amendment 380 #
Proposal for a directive 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
Amendment 381 #
Proposal for a directive 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
Amendment 381 #
Proposal for a directive 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
Amendment 382 #
Proposal for a directive 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
Amendment 382 #
Proposal for a directive 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
Amendment 383 #
Proposal for a directive Article 11 – paragraph 2 – subparagraph 2 The competent authorities and the railway undertakings providing the public services shall provide the
Amendment 383 #
Proposal for a directive Article 11 – paragraph 2 – subparagraph 2 The competent authorities and the railway undertakings providing the public services shall provide the
Amendment 384 #
Proposal for a directive Article 11 – paragraph 4 Amendment 384 #
Proposal for a directive Article 11 – paragraph 4 Amendment 385 #
Proposal for a directive Article 11 – paragraph 4 Amendment 385 #
Proposal for a directive Article 11 – paragraph 4 Amendment 386 #
Proposal for a directive 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
Amendment 386 #
Proposal for a directive 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
Amendment 387 #
Proposal for a directive 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 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 388 #
Proposal for a directive Article 12 – paragraph 4 – subparagraph 1 a (new) The Commission shall instruct the European Railway Agency to prepare a comparative analysis of the setting of the amounts of the levies in the Member States in order to establish a uniform method of calculation to determine the amount of the levies.
Amendment 388 #
Proposal for a directive Article 12 – paragraph 4 – subparagraph 1 a (new) The Commission shall instruct the European Railway Agency to prepare a comparative analysis of the setting of the amounts of the levies in the Member States in order to establish a uniform method of calculation to determine the amount of the levies.
Amendment 389 #
Proposal for a directive Article 13 – paragraph 1 1.
Amendment 389 #
Proposal for a directive Article 13 – paragraph 1 1.
Amendment 390 #
Proposal for a directive Article 13 – paragraph 1 1.
Amendment 390 #
Proposal for a directive Article 13 – paragraph 1 1.
Amendment 391 #
Proposal for a directive Article 13 – paragraph 1 1.
Amendment 391 #
Proposal for a directive Article 13 – paragraph 1 1.
Amendment 392 #
Proposal for a directive Article 13 – paragraph 1 (1)
Amendment 392 #
Proposal for a directive Article 13 – paragraph 1 (1)
Amendment 393 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 1 The services referred to in Annex III, point 2, shall be supplied by all operators of service facilities in a non-discriminatory manner and requests by railway undertakings may only be rejected if viable alternatives under market conditions exist. If the services are not offered by one infrastructure manager, the provider of the ‘main infrastructure’ shall use all reasonable endeavours to facilitate the provision of these services.
Amendment 393 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 1 The services referred to in Annex III, point 2, shall be supplied by all operators of service facilities in a non-discriminatory manner and requests by railway undertakings may only be rejected if viable alternatives under market conditions exist. If the services are not offered by one infrastructure manager, the provider of the ‘main infrastructure’ shall use all reasonable endeavours to facilitate the provision of these services.
Amendment 394 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 1 Amendment 394 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 1 Amendment 395 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 1 Amendment 395 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 1 Amendment 396 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 1 Amendment 396 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 1 Amendment 397 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 1 Amendment 397 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 1 Amendment 398 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 1 The services referred to in Annex III, point 2, shall be supplied by
Amendment 398 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 1 The services referred to in Annex III, point 2, shall be supplied by
Amendment 399 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 1 Track access to the services referred to in Annex III, point
Amendment 399 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 1 Track access to the services referred to in Annex III, point
Amendment 400 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 1 The services referred to in Annex III, point 2, shall be supplied by all operators of service facilities in a non-discriminatory manner, since they are essential facilities according to Art. 3 (21a) (new).
Amendment 400 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 1 The services referred to in Annex III, point 2, shall be supplied by all operators of service facilities in a non-discriminatory manner, since they are essential facilities according to Art. 3 (21a) (new).
Amendment 401 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 2 Amendment 401 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 2 Amendment 402 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 2 Amendment 402 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 2 Amendment 403 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 2 Where the operator of the service facility belongs to a body or firm which is also active and holds a dominant position in at least one of the railway transport services markets for which the facility is used, the operator shall be organised in such a way
Amendment 403 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 2 Where the operator of the service facility belongs to a body or firm which is also active and holds a dominant position in at least one of the railway transport services markets for which the facility is used, the operator shall be organised in such a way
Amendment 404 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 2 Amendment 404 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 2 Amendment 405 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 2 Amendment 405 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 2 Amendment 406 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 2 Amendment 406 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 2 Amendment 407 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 2 Where the operator of the service facility belongs to a
Amendment 407 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 2 Where the operator of the service facility belongs to a
Amendment 408 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 3 Requests by railway undertakings for access to the service facility may only be rejected if
Amendment 408 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 3 Requests by railway undertakings for access to the service facility may only be rejected if
Amendment 409 #
Proposal for a directive 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 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 410 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 3 Requests by railway undertakings for access to the service facility defined in Article 3(2) may only be rejected if there are viable alternatives
Amendment 410 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 3 Requests by railway undertakings for access to the service facility defined in Article 3(2) may only be rejected if there are viable alternatives
Amendment 411 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 3 Amendment 411 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 3 Amendment 412 #
Proposal for a directive 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 the
Amendment 412 #
Proposal for a directive 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 the
Amendment 413 #
Proposal for a directive 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 the
Amendment 413 #
Proposal for a directive 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 the
Amendment 414 #
Proposal for a directive 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.
Amendment 414 #
Proposal for a directive 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.
Amendment 415 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 3 Requests by railway undertakings for access to the service facility may only be
Amendment 415 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 3 Requests by railway undertakings for access to the service facility may only be
Amendment 416 #
Proposal for a directive 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.
Amendment 416 #
Proposal for a directive 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.
Amendment 417 #
Proposal for a directive 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 facility. Service facilities shall be taken to mean workshops, maintenance sheds, equipment and sidings, holding and sorting sidings for the operation of and providing access to maintenance sheds, and terminals and private marshalling yards.
Amendment 417 #
Proposal for a directive 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 facility. Service facilities shall be taken to mean workshops, maintenance sheds, equipment and sidings, holding and sorting sidings for the operation of and providing access to maintenance sheds, and terminals and private marshalling yards.
Amendment 418 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 3 Requests by railway undertakings for access to
Amendment 418 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 3 Requests by railway undertakings for access to
Amendment 419 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 3 Requests by railway undertakings for access to the service facility may only be rejected if there are viable and acceptable 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 419 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 3 Requests by railway undertakings for access to the service facility may only be rejected if there are viable and acceptable 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 420 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 3 a (new) The railway service provider operating the facility shall be required to provide a justification of any denial access to its facility or to the supply of the specific service concerned.
Amendment 420 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 3 a (new) The railway service provider operating the facility shall be required to provide a justification of any denial access to its facility or to the supply of the specific service concerned.
Amendment 421 #
Proposal for a directive 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.
Amendment 421 #
Proposal for a directive 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.
Amendment 422 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 4 When the operator of the service facility encounters conflicts between different requests,
Amendment 422 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 4 When the operator of the service facility encounters conflicts between different requests,
Amendment 423 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 4 When the operator of th
Amendment 423 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 4 When the operator of th
Amendment 424 #
Proposal for a directive 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
Amendment 424 #
Proposal for a directive 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
Amendment 425 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 4 When the railway operator of the service facility encounters conflicts between different
Amendment 425 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 4 When the railway operator of the service facility encounters conflicts between different
Amendment 426 #
Proposal for a directive 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 assess whether the facility is essential for the provision of the transport service and, where necessary, on its own initiative or on the basis of a
Amendment 426 #
Proposal for a directive 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 assess whether the facility is essential for the provision of the transport service and, where necessary, on its own initiative or on the basis of a
Amendment 427 #
Proposal for a directive 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 determine whether the application was wrongly rejected. If that is the case, it shall ensure
Amendment 427 #
Proposal for a directive 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 determine whether the application was wrongly rejected. If that is the case, it shall ensure
Amendment 428 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 4 When the operator of the service facility encounters conflicts between different requests,
Amendment 428 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 4 When the operator of the service facility encounters conflicts between different requests,
Amendment 429 #
Proposal for a directive 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
Amendment 429 #
Proposal for a directive 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
Amendment 430 #
Proposal for a directive 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
Amendment 430 #
Proposal for a directive 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
Amendment 431 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 5 Amendment 431 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 5 Amendment 432 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 5 Amendment 432 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 5 Amendment 433 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 5 Amendment 433 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 5 Amendment 434 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 5 Amendment 434 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 5 Amendment 435 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 5 Where the service facility has not been in use for at least two consecutive years its owner shall publicise the operation of the facility as being for lease
Amendment 435 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 5 Where the service facility has not been in use for at least two consecutive years its owner shall publicise the operation of the facility as being for lease
Amendment 436 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 5 Where the service facility has not been in use for at least
Amendment 436 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 5 Where the service facility has not been in use for at least
Amendment 437 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 5 Where the service facility has not been in use for at least two consecutive years its owner shall publicise the operation of the facility as being for lease or rent or reopen the facility in case of requests.
Amendment 437 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 5 Where the service facility has not been in use for at least two consecutive years its owner shall publicise the operation of the facility as being for lease or rent or reopen the facility in case of requests.
Amendment 438 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 5 Amendment 438 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 5 Amendment 439 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 5 Where the service facility has not been in use for at least two consecutive years and interest is expressed on basis of demonstrated needs, its owner shall publicise the operation of the facility as being for lease or rent unless the operator of such service facility demonstrates that an on-going process of reconversion prevents its use by any railway undertaking.
Amendment 439 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 5 Where the service facility has not been in use for at least two consecutive years and interest is expressed on basis of demonstrated needs, its owner shall publicise the operation of the facility as being for lease or rent unless the operator of such service facility demonstrates that an on-going process of reconversion prevents its use by any railway undertaking.
Amendment 440 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 5 Where the service facility referred to in Annex III, point 2, has not been in use for at least t
Amendment 440 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 5 Where the service facility referred to in Annex III, point 2, has not been in use for at least t
Amendment 441 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 5 Where the service facility has not been in use for at least two consecutive years its owner shall publicise the operation of the facility as being for sale, lease or rent, unless the owner can demonstrate that the facility is undergoing a process of reconversion that precludes its use by a railway undertaking.
Amendment 441 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 5 Where the service facility has not been in use for at least two consecutive years its owner shall publicise the operation of the facility as being for sale, lease or rent, unless the owner can demonstrate that the facility is undergoing a process of reconversion that precludes its use by a railway undertaking.
Amendment 442 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 5 Where the service facility has not been in use for at least two consecutive years its owner shall publicise the operation of the facility as being for lease or rent. If the facility was awarded to the railway undertaking at an earlier date, reasons must be given for leaving it derelict.
Amendment 442 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 5 Where the service facility has not been in use for at least two consecutive years its owner shall publicise the operation of the facility as being for lease or rent. If the facility was awarded to the railway undertaking at an earlier date, reasons must be given for leaving it derelict.
Amendment 443 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 5 Where the service facility has not been in use for at least two consecutive years its owner shall publicise the operation of the facility as being for lease
Amendment 443 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 5 Where the service facility has not been in use for at least two consecutive years its owner shall publicise the operation of the facility as being for lease
Amendment 444 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 5 Amendment 444 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 5 Amendment 445 #
Proposal for a directive Article 13 – paragraph 3 Amendment 445 #
Proposal for a directive Article 13 – paragraph 3 Amendment 446 #
Proposal for a directive Article 13 – paragraph 3 3. Where the infrastructure manager offers any of the range of services described in Annex III, point 3 as additional services, he shall supply them upon request to railway undertakings in a non-discriminatory manner
Amendment 446 #
Proposal for a directive Article 13 – paragraph 3 3. Where the infrastructure manager offers any of the range of services described in Annex III, point 3 as additional services, he shall supply them upon request to railway undertakings in a non-discriminatory manner
Amendment 447 #
Proposal for a directive Article 13 – paragraph 3 3. Where
Amendment 447 #
Proposal for a directive Article 13 – paragraph 3 3. Where
Amendment 448 #
Proposal for a directive Article 13 – paragraph 4 Amendment 448 #
Proposal for a directive Article 13 – paragraph 4 Amendment 449 #
Proposal for a directive Article 13 – paragraph 4 a (new) 4 a. The regulatory body has to be informed and have access to relevant documents concerning the requests and decisions according to Annex III point 1 and 2 in order to be able to ensure that these decisions are taken in a non- discriminatory way.
Amendment 449 #
Proposal for a directive Article 13 – paragraph 4 a (new) 4 a. The regulatory body has to be informed and have access to relevant documents concerning the requests and decisions according to Annex III point 1 and 2 in order to be able to ensure that these decisions are taken in a non- discriminatory way.
Amendment 450 #
Proposal for a directive Article 13 – paragraph 5 Amendment 450 #
Proposal for a directive Article 13 – paragraph 5 Amendment 451 #
Proposal for a directive Article 13 – paragraph 5 Amendment 451 #
Proposal for a directive Article 13 – paragraph 5 Amendment 452 #
Proposal for a directive Article 13 – paragraph 5 Amendment 452 #
Proposal for a directive Article 13 – paragraph 5 Amendment 453 #
Proposal for a directive Article 13 – paragraph 5 Amendment 453 #
Proposal for a directive Article 13 – paragraph 5 Amendment 454 #
Proposal for a directive Article 13 – paragraph 5 Amendment 454 #
Proposal for a directive Article 13 – paragraph 5 Amendment 455 #
Proposal for a directive Article 13 – paragraph 5 Amendment 455 #
Proposal for a directive Article 13 – paragraph 5 Amendment 456 #
Proposal for a directive Article 14 – paragraph 1 Amendment 456 #
Proposal for a directive Article 14 – paragraph 1 Amendment 457 #
Proposal for a directive Article 14 – paragraph 1 – subparagraph 1 Amendment 457 #
Proposal for a directive Article 14 – paragraph 1 – subparagraph 1 Amendment 458 #
Proposal for a directive Article 14 – paragraph 1 – subparagraph 2 These agreements shall be notified to the Commission. The Commission shall examine the compliance of such agreements with this Directive
Amendment 458 #
Proposal for a directive Article 14 – paragraph 1 – subparagraph 2 These agreements shall be notified to the Commission. The Commission shall examine the compliance of such agreements with this Directive
Amendment 459 #
Proposal for a directive Article 14 – paragraph 2 – subparagraph 1 Without prejudice to the division of competencies between the Union and the Member States, in accordance with Union law, the Member States should inform the Commission about negotiations and the implementation of cross-border agreements between Member States and third countries
Amendment 459 #
Proposal for a directive Article 14 – paragraph 2 – subparagraph 1 Without prejudice to the division of competencies between the Union and the Member States, in accordance with Union law, the Member States should inform the Commission about negotiations and the implementation of cross-border agreements between Member States and third countries
Amendment 460 #
Proposal for a directive Article 15 – paragraph 1 (1) The Commission shall make the necessary arrangements to monitor technical and economic conditions and market developments
Amendment 460 #
Proposal for a directive Article 15 – paragraph 1 (1) The Commission shall make the necessary arrangements to monitor technical and economic conditions and market developments
Amendment 461 #
Proposal for a directive 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 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 462 #
Proposal for a directive Article 15 – paragraph 2 2. In this context, the Commission shall closely involve representatives of the Member States, particularly from the regulatory authorities, and of the sectors concerned in its work, including the social partners and organisations representing rail users, so that they are able better to monitor the development of th
Amendment 462 #
Proposal for a directive Article 15 – paragraph 2 2. In this context, the Commission shall closely involve representatives of the Member States, particularly from the regulatory authorities, and of the sectors concerned in its work, including the social partners and organisations representing rail users, so
Amendment 463 #
Proposal for a directive Article 15 – paragraph 2 2. In this context, the Commission shall closely involve representatives of the
Amendment 463 #
Proposal for a directive Article 15 – paragraph 2 2. In this context, the Commission shall closely involve representatives of the Member States, including representatives of the regulatory bodies, and of the sectors concerned in its work, including
Amendment 464 #
Proposal for a directive Article 15 – paragraph 2 (2) In this context, the Commission shall closely involve representatives of the Member States, of the regulatory bodies, of the railway undertakings concerned 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 464 #
Proposal for a directive Article 15 – paragraph 2 (2) In this context, the Commission shall closely involve representatives of the Member States, of the regulatory bodies, of the railway undertakings concerned 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 465 #
Proposal for a directive Article 15 – paragraph 2 (2) In this context, the Commission shall closely involve representatives of the Member States and of the sectors concerned in its work, including
Amendment 465 #
Proposal for a directive Article 15 – paragraph 2 (2) In this context, the Commission shall closely involve representatives of the Member States and of the sectors concerned in its work, including
Amendment 466 #
Proposal for a directive 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 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 467 #
Proposal for a directive 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
Amendment 467 #
Proposal for a directive 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
Amendment 468 #
Proposal for a directive 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 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 469 #
Proposal for a directive 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 (a) the evolution of the internal market in rail services including the degree of market opening;
Amendment 470 #
Proposal for a directive Article 15 – paragraph 4 – point g a (new) (ga) working conditions in the sector, for each Member State.
Amendment 470 #
Proposal for a directive Article 15 – paragraph 4 – point g a (new) (ga) working conditions in the sector, for each Member State.
Amendment 471 #
Proposal for a directive Article 15 – paragraph 5 a (new) 5 a. The Commission shall monitor the development of the maintenance markets and undertake a study by 2012 to evaluate the benefits that an opening of the maintenance markets could bring. The study should analyse the impact the opening of maintenance services would have on the market for rail operators and on further facilitating access to rail- related services for railway operators.
Amendment 471 #
Proposal for a directive Article 15 – paragraph 5 a (new) 5 a. The Commission shall monitor the development of the maintenance markets and undertake a study by 2012 to evaluate the benefits that an opening of the maintenance markets could bring. The study should analyse the impact the opening of maintenance services would have on the market for rail operators and on further facilitating access to rail- related services for railway operators.
Amendment 472 #
Proposal for a directive 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
Amendment 472 #
Proposal for a directive 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
Amendment 473 #
Proposal for a directive 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. Listing and publication of the type and number of complaints, notifications and other objections made by railway undertakings and of the type and number of discriminatory or other prejudicial measures taken by infrastructure operators, former state railway undertakings and/or their successor undertakings.
Amendment 473 #
Proposal for a directive 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. Listing and publication of the type and number of complaints, notifications and other objections made by railway undertakings and of the type and number of discriminatory or other prejudicial measures taken by infrastructure operators, former state railway undertakings and/or their successor undertakings.
Amendment 474 #
Proposal for a directive Article 15 – paragraph 5 – subparagraph 1 For the purposes of the Commission's market monitoring, Member States shall supply on an annual basis the following information indicated
Amendment 474 #
Proposal for a directive Article 15 – paragraph 5 – subparagraph 1 For the purposes of the Commission's market monitoring, Member States shall supply on an annual basis the following information indicated
Amendment 475 #
Proposal for a directive Article 15 – paragraph 5 – subparagraph 2 Amendment 475 #
Proposal for a directive Article 15 – paragraph 5 – subparagraph 2 Amendment 476 #
Proposal for a directive Article 17 – paragraph 1 1. A railway undertaking shall be entitled to apply for a licence in the Member State in which it is established
Amendment 476 #
Proposal for a directive Article 17 – paragraph 1 1. A railway undertaking shall be entitled to apply for a licence in the Member State in which it is established
Amendment 477 #
Proposal for a directive Article 17 – paragraph 1 1. A railway undertaking shall be entitled to apply for a licence in the Member State in which it is established
Amendment 477 #
Proposal for a directive Article 17 – paragraph 1 1. A railway undertaking shall be entitled to apply for a licence in the Member State in which it is established
Amendment 478 #
Proposal for a directive Article 17 – paragraph 1 1. A railway undertaking originating from a third country shall be entitled to apply for a licence in
Amendment 478 #
Proposal for a directive Article 17 – paragraph 1 1. A railway undertaking originating from a third country shall be entitled to apply for a licence in
Amendment 479 #
Proposal for a directive Article 17 – paragraph 5 5. The Commission
Amendment 479 #
Proposal for a directive Article 17 – paragraph 5 5. The Commission
Amendment 480 #
Proposal for a directive Article 19 – paragraph 1 – point d (d) have not been convicted of
Amendment 480 #
Proposal for a directive Article 19 – paragraph 1 – point d (d) have not been convicted of
Amendment 481 #
Proposal for a directive Article 20 – paragraph 3 Amendment 481 #
Proposal for a directive Article 20 – paragraph 3 Amendment 482 #
Proposal for a directive Article 21 – paragraph 1 The requirements relating to professional competence shall be met when an applicant railway undertaking can demonstrate that it has or will have a management organisation which possesses the knowledge or experience necessary to exercise safe and reliable operational control and supervision of the type of operations specified in the licence. With that aim in view, it shall also be required to submit proof that its employees have the requisite training, in the form of test certificates issued by a public body, including certificates of fitness and all certificates of competence. The undertaking shall also demonstrate that it has been issued with a safety certificate pursuant to Article 10 of Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on rail safety in the Community1. _____________ 1 OJ L 220, 21.6.2004, p. 16.
Amendment 482 #
Proposal for a directive Article 21 – paragraph 1 The requirements relating to professional competence shall be met when an applicant railway undertaking can demonstrate that it has or will have a management organisation which possesses the knowledge or experience necessary to exercise safe and reliable operational control and supervision of the type of operations specified in the licence. With that aim in view, it shall also be required to submit proof that its employees have the requisite training, in the form of test certificates issued by a public body, including certificates of fitness and all certificates of competence. The undertaking shall also demonstrate that it has been issued with a safety certificate pursuant to Article 10 of Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on rail safety in the Community1. _____________ 1 OJ L 220, 21.6.2004, p. 16.
Amendment 483 #
Proposal for a directive Article 21 – paragraph 1 The requirements relating to professional competence shall be met when an applicant railway undertaking can demonstrate that it has or will have a management organisation which possesses the knowledge or experience necessary to exercise safe and reliable operational control and supervision of the type of operations specified in the licence. The applicant shall also demonstrate to hold a safety certificate according to Article 10 of directive 2004/49 when introducing his request.
Amendment 483 #
Proposal for a directive Article 21 – paragraph 1 The requirements relating to professional competence shall be met when an applicant railway undertaking can demonstrate that it has or will have a management organisation which possesses the knowledge or experience necessary to exercise safe and reliable operational control and supervision of the type of operations specified in the licence. The applicant shall also demonstrate to hold a safety certificate according to Article 10 of directive 2004/49 when introducing his request.
Amendment 484 #
Proposal for a directive Article 22 – paragraph 1 Without prejudice to Chapter III of Regulation (EC) No 1371/2007 of the European Parliament and of the Council16 , a railway undertaking shall be adequately insured or have guarantees under market conditions for cover, in accordance with national and international law, of its liabilities in the event of accidents, in particular in respect of freight, mail and third parties.
Amendment 484 #
Proposal for a directive Article 22 – paragraph 1 Without prejudice to Chapter III of Regulation (EC) No 1371/2007 of the European Parliament and of the Council16 , a railway undertaking shall be adequately insured or have guarantees under market conditions for cover, in accordance with national and international law, of its liabilities in the event of accidents, in particular in respect of freight, mail and third parties.
Amendment 485 #
Proposal for a directive Article 22 – paragraph 1 Without prejudice to Chapter III of Regulation (EC) No 1371/2007 of the European Parliament and of the Council, a railway undertaking shall be adequately insured for cover, in accordance with national and international law, of its liabilities in the event of accidents, in particular in respect of freight, mail and third parties, with a maximum coverage of EUR 100 million per year and per accident. Where external contractors are involved, the contractor shall provide proof that the level of the sum insured guarantees this coverage and that all social security contributions prescribed by national law have been paid.
Amendment 485 #
Proposal for a directive Article 22 – paragraph 1 Without prejudice to Chapter III of Regulation (EC) No 1371/2007 of the European Parliament and of the Council, a railway undertaking shall be adequately insured for cover, in accordance with national and international law, of its liabilities in the event of accidents, in particular in respect of freight, mail and third parties, with a maximum coverage of EUR 100 million per year and per accident. Where external contractors are involved, the contractor shall provide proof that the level of the sum insured guarantees this coverage and that all social security contributions prescribed by national law have been paid.
Amendment 486 #
Proposal for a directive Article 22 – paragraph 1 Without prejudice to Chapter III of Regulation (EC) No 1371/2007 of the European Parliament and of the Council16, a railway undertaking shall be adequately insured for cover, or have equivalent guarantees and arrangements where approved by the regulator, in accordance with national and international law, of its liabilities in the event of accidents, in particular in respect of freight, mail and third parties.
Amendment 486 #
Proposal for a directive Article 22 – paragraph 1 Without prejudice to Chapter III of Regulation (EC) No 1371/2007 of the European Parliament and of the Council16, a railway undertaking shall be adequately insured for cover, or have equivalent guarantees and arrangements where approved by the regulator, in accordance with national and international law, of its liabilities in the event of accidents, in particular in respect of freight, mail and third parties.
Amendment 487 #
Proposal for a directive Article 24 – paragraph 3 (3) Notwithstanding paragraph 1, where a licence is suspended or revoked on grounds of non compliance with the requirement for financial fitness, the licensing authority may grant a temporary licence pending the re-organisation of the railway undertaking, provided that safety is not jeopardised and that, for the duration of the temporary licence, the undertaking has paid in full any outstanding taxes and social security contributions arising from its activities. A temporary licence shall not, however, be valid for more than six months after its date of issue.
Amendment 487 #
Proposal for a directive Article 24 – paragraph 3 (3) Notwithstanding paragraph 1, where a licence is suspended or revoked on grounds of non compliance with the requirement for financial fitness, the licensing authority may grant a temporary licence pending the re-organisation of the railway undertaking, provided that safety is not jeopardised and that, for the duration of the temporary licence, the undertaking has paid in full any outstanding taxes and social security contributions arising from its activities. A temporary licence shall not, however, be valid for more than six months after its date of issue.
Amendment 488 #
Proposal for a directive Article 24 a (new) Amendment 488 #
Proposal for a directive Article 24 a (new) Amendment 489 #
Proposal for a directive Article 24 b (new) Railway undertakings shall respect the agreements applicable to international rail transport in force in the Member States in which they operate. They also shall observe the relevant customs and tax provisions.
Amendment 489 #
Proposal for a directive Article 24 b (new) Railway undertakings shall respect the agreements applicable to international rail transport in force in the Member States in which they operate. They also shall observe the relevant customs and tax provisions.
Amendment 490 #
Proposal for a directive 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 t
Amendment 490 #
Proposal for a directive 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 t
Amendment 491 #
Proposal for a directive 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 Union. The content of the network statement shall be made available free of charge in electronic format
Amendment 491 #
Proposal for a directive 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 Union. The content of the network statement shall be made available free of charge in electronic format
Amendment 492 #
Proposal for a directive Article 27 – paragraph 2 – subparagraph 2 Amendment 492 #
Proposal for a directive Article 27 – paragraph 2 – subparagraph 2 Amendment 493 #
Proposal for a directive Article 27 – paragraph 2 – subparagraph 2 Amendment 493 #
Proposal for a directive Article 27 – paragraph 2 – subparagraph 2 Amendment 494 #
Proposal for a directive Article 29 – paragraph 1 – subparagraph 3 Member States shall ensure that the charging framework and charging rules are published in the network statement. In cases resulting from the conditions of competition with third countries, charging principles and charging rules are not published in the network statement but are published separately no later than 3 months before the date of entry into force of the new timetable.
Amendment 494 #
Proposal for a directive Article 29 – paragraph 1 – subparagraph 3 Member States shall ensure that the charging framework and charging rules are published in the network statement. In cases resulting from the conditions of competition with third countries, charging principles and charging rules are not published in the network statement but are published separately no later than 3 months before the date of entry into force of the new timetable.
Amendment 495 #
Proposal for a directive Article 29 – paragraph 1 – subparagraph 4 The infrastructure manager shall determine and collect the charge for the use of infrastructure unless the national parliament is competent to set them accordingly to their constitutional law.
Amendment 495 #
Proposal for a directive Article 29 – paragraph 1 – subparagraph 4 The infrastructure manager shall determine and collect the charge for the use of infrastructure unless the national parliament is competent to set them accordingly to their constitutional law.
Amendment 496 #
Proposal for a directive Article 29 – paragraph 2 – subparagraph 1 The Member States shall ensure that infrastructure managers cooperate to enable the application of efficient charging schemes for the operation of train services which cross more than one infrastructure network.
Amendment 496 #
Proposal for a directive Article 29 – paragraph 2 – subparagraph 1 The Member States shall ensure that infrastructure managers cooperate to enable the application of efficient charging schemes for the operation of train services which cross more than one infrastructure network.
Amendment 497 #
Proposal for a directive 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 2. Member States shall ensure that paragraph 1 is implemented through a
Amendment 498 #
Proposal for a directive Article 30 – paragraph 2 a (new) 2 a. If a contractual agreement between the Member state and the Infrastructure Manager already exists on the date of entry of this Directive, this agreement is exempted from the application of paragraphs 3, 4 and 5 and of annexe VII until its expiry, or at least for a duration of 5 years following the date of transposition of this text from the concerned Member State.
Amendment 498 #
Proposal for a directive Article 30 – paragraph 2 a (new) 2 a. If a contractual agreement between the Member state and the Infrastructure Manager already exists on the date of entry of this Directive, this agreement is exempted from the application of paragraphs 3, 4 and 5 and of annexe VII until its expiry, or at least for a duration of 5 years following the date of transposition of this text from the concerned Member State.
Amendment 499 #
Proposal for a directive Article 30 – paragraph 3 – subparagraph 2 Amendment 499 #
Proposal for a directive Article 30 – paragraph 3 – subparagraph 2 Amendment 500 #
Proposal for a directive Article 30 – paragraph 3 – subparagraph 2 Basic principles and parameters of such agreements are set out in Annex VII
Amendment 500 #
Proposal for a directive Article 30 – paragraph 3 – subparagraph 2 Basic principles and parameters of such agreements are set out in Annex VII
Amendment 501 #
Proposal for a directive Article 30 – paragraph 3 – subparagraph 5 Amendment 501 #
Proposal for a directive Article 30 – paragraph 3 – subparagraph 5 Amendment 502 #
Proposal for a directive Article 30 – paragraph 3 – subparagraph 5 Amendment 502 #
Proposal for a directive Article 30 – paragraph 3 – subparagraph 5 Amendment 503 #
Proposal for a directive Article 30 – paragraph 3 – subparagraph 6 Amendment 503 #
Proposal for a directive Article 30 – paragraph 3 – subparagraph 6 Amendment 504 #
Proposal for a directive Article 30 – paragraph 3 – subparagraph 6 Amendment 504 #
Proposal for a directive Article 30 – paragraph 3 – subparagraph 6 Amendment 505 #
Proposal for a directive 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) 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 506 #
Proposal for a directive Article 31 – paragraph 1 1. Charges for the use of railway infrastructure and of railway service facilities shall be paid to the infrastructure manager and to the railway service facility operator respectively
Amendment 506 #
Proposal for a directive Article 31 – paragraph 1 1. Charges for the use of railway infrastructure and of railway service facilities shall be paid to the infrastructure manager and to the railway service facility operator respectively
Amendment 507 #
Proposal for a directive Article 31 – paragraph 1 a (new) 1 a. Member states should make sure that taxes and charges that apply to national infrastructure access and essential facilities should be levied only in a way that is equitable with similar taxes and charges in other transport modes. The European Commission should monitor the application of this principle in order to avoid market distortions.
Amendment 507 #
Proposal for a directive Article 31 – paragraph 1 a (new) 1 a. Member states should make sure that taxes and charges that apply to national infrastructure access and essential facilities should be levied only in a way that is equitable with similar taxes and charges in other transport modes. The European Commission should monitor the application of this principle in order to avoid market distortions.
Amendment 508 #
Proposal for a directive 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 .
Amendment 508 #
Proposal for a directive 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 . In order to obtain full recovery of the costs incurred by the infrastructure manager a Member State may, if the market can bear this, levy mark-ups on the basis of efficient, transparent and non-discriminatory principles, while guaranteeing optimal competitiveness in particular of international rail services. The charging system shall respect the productivity increases achieved by railway undertakings. The level of charges must not, however, exclude the use of infrastructure by market segments which can pay at least the cost that is directly incurred as a result of operating the railway service, plus a rate of return which the market can bear. Before approving the levy of such mark- ups, Member States shall evaluate their relevance for specific market segments, considering at least the pairs listed in Annex VIII, point 3 and retaining the relevant ones. The list of market segments defined by infrastructure managers shall contain at least the three following ones: freight services, passenger services within the framework of a public service contract and other passenger services. Infrastructure managers may further distinguish market segments. Market segments in which railway undertakings are not currently operating but may provide services during the period of validity of the charging system shall also be defined. The infrastructure manager shall not include a mark-up in the charging system for these market segments. The list of market segments shall be published in the network statement and shall be reviewed at least every five years.
Amendment 509 #
Proposal for a directive 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 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 510 #
Proposal for a directive 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. Member States may not apply this requirement to transportation of freight to or from third countries on a network whose track gauge is different from the main rail network within the Union.
Amendment 510 #
Proposal for a directive 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.
Amendment 511 #
Proposal for a directive 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. For transportation of freight from and to third countries on a network whose track gauge is different from the main rail network within the Union, infrastructure managers may set higher charges in order to obtain full costs recovery of the costs incurred.
Amendment 511 #
Proposal for a directive 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. For transportation of freight from and to third countries on a network whose track gauge is different from the main rail network within the Union, infrastructure managers may set higher charges in order to obtain full costs recovery of the costs incurred.
Amendment 512 #
Proposal for a directive Article 31 – paragraph 3 – subparagraph 1 Without prejudice to paragraphs 4 or 5 of this Article or to Article 32, the charges for the
Amendment 512 #
Proposal for a directive Article 31 – paragraph 3 – subparagraph 1 Without prejudice to paragraphs 4 or 5 of this Article or to Article 32, the charges for the
Amendment 513 #
Proposal for a directive Article 31 – paragraph 3 – subparagraph 2 Amendment 513 #
Proposal for a directive Article 31 – paragraph 3 – subparagraph 2 Amendment 514 #
Proposal for a directive Article 31 – paragraph 3 – subparagraph 2 Amendment 514 #
Proposal for a directive Article 31 – paragraph 3 – subparagraph 2 Amendment 515 #
Proposal for a directive Article 31 – paragraph 5 – subparagraph 1 When
Amendment 515 #
Proposal for a directive Article 31 – paragraph 5 – subparagraph 1 When
Amendment 516 #
Proposal for a directive Article 31 – paragraph 5 – subparagraph 1 Amendment 516 #
Proposal for a directive Article 31 – paragraph 5 – subparagraph 1 Amendment 517 #
Proposal for a directive Article 31 – paragraph 5 – subparagraph 1 When charging for the cost of noise effects is allowed by
Amendment 517 #
Proposal for a directive Article 31 – paragraph 5 – subparagraph 1 When charging for the cost of noise effects is allowed by
Amendment 518 #
Proposal for a directive Article 31 – paragraph 5 – subparagraph 1 When charging for the cost of noise effects is allowed in a mandatory way by Union legislation for road
Amendment 518 #
Proposal for a directive Article 31 – paragraph 5 – subparagraph 1 When charging for the cost of noise effects is allowed in a mandatory way by Union legislation for road
Amendment 519 #
Proposal for a directive Article 31 – paragraph 5 – subparagraph 1 5. When charging for the cost of noise effects is allowed by Union legislation for road freight transport, the infrastructure charges
Amendment 519 #
Proposal for a directive Article 31 – paragraph 5 – subparagraph 1 5. When charging for the cost of noise effects is allowed by Union legislation for road freight transport, the infrastructure charges
Amendment 520 #
Proposal for a directive Article 31 – paragraph 5 – subparagraph 1 Amendment 520 #
Proposal for a directive Article 31 – paragraph 5 – subparagraph 1 Amendment 521 #
Proposal for a directive Article 31 – paragraph 5 – subparagraph 1 When a Member State, in accordance with European Union legislation, applies charging for the cost of noise effects
Amendment 521 #
Proposal for a directive Article 31 – paragraph 5 – subparagraph 1 When a Member State, in accordance with European Union legislation, applies charging for the cost of noise effects
Amendment 522 #
Proposal for a directive Article 31 – paragraph 5 – subparagraph 1 a (new) Such modification of infrastructure charges shall allow for compensation for investments in retrofitting rail vehicles with the most economically viable low- noise braking technology available.
Amendment 522 #
Proposal for a directive Article 31 – paragraph 5 – subparagraph 1 a (new) Such modification of infrastructure charges shall allow for compensation for investments in retrofitting rail vehicles with the most economically viable low- noise braking technology available.
Amendment 523 #
Proposal for a directive Article 31 – paragraph 5 – subparagraph 2 Amendment 523 #
Proposal for a directive Article 31 – paragraph 5 – subparagraph 2 Amendment 524 #
Proposal for a directive Article 31 – paragraph 5 – subparagraph 2 Amendment 524 #
Proposal for a directive Article 31 – paragraph 5 – subparagraph 2 Amendment 525 #
Proposal for a directive 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 Annex VIII, point 2 may be amended in the light of experience, in accordance with the
Amendment 526 #
Proposal for a directive Article 31 – paragraph 5 – subparagraph 3 The infrastructure charges may be modified to take account of the cost of other environmental effects caused by the operation of the train not referred to in Annex VIII, point 2. Any such modification, which may ensure the internalisation of external costs of air pollutants and noise pollution emitted as a result of operating the train service, shall be differentiated according to the magnitude of the effect caused.
Amendment 526 #
Proposal for a directive Article 31 – paragraph 5 – subparagraph 3 The infrastructure charges may be modified to take account of the cost of other environmental effects caused by the operation of the train not referred to in Annex VIII, point 2. Any such modification, which may ensure the internalisation of external costs of air pollutants and noise pollution emitted as a result of operating the train service, shall be differentiated according to the magnitude of the effect caused.
Amendment 527 #
Proposal for a directive Article 31 – paragraph 5 – subparagraph 4 Amendment 527 #
Proposal for a directive Article 31 – paragraph 5 – subparagraph 4 Amendment 528 #
Proposal for a directive Article 31 – paragraph 5 – subparagraph 4 Charging of other environmental costs
Amendment 528 #
Proposal for a directive Article 31 – paragraph 5 – subparagraph 4 Charging of other environmental costs
Amendment 529 #
Proposal for a directive 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 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 530 #
Proposal for a directive 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 to support the development of the rail sector. 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 530 #
Proposal for a directive 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 to support the development of the rail sector. 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
Amendment 531 #
Proposal for a directive Article 31 – paragraph 5 – subparagraph 5 If charging for environmental costs generates additional revenue, it shall be
Amendment 531 #
Proposal for a directive Article 31 – paragraph 5 – subparagraph 5 If charging for environmental costs generates additional revenue, it shall be
Amendment 532 #
Proposal for a directive Article 31 – paragraph 5 a (new) 5a. In order to encourage noise reduction at the source, EU rules for co-financing should be amended so as to allow the co- financing of retro-fitting rolling stock and rules on state aid should be adapted accordingly.
Amendment 532 #
Proposal for a directive Article 31 – paragraph 5 a (new) Amendment 533 #
Proposal for a directive Article 31 – paragraph 7 Amendment 533 #
Proposal for a directive Article 31 – paragraph 7 Amendment 534 #
Proposal for a directive Article 31 – paragraph 8 Amendment 534 #
Proposal for a directive Article 31 – paragraph 8 Amendment 535 #
Proposal for a directive Article 32 – paragraph 1 Amendment 535 #
Proposal for a directive Article 32 – paragraph 1 Amendment 536 #
Proposal for a directive Article 32 – paragraph 1 – subparagraph 1 In order to obtain full recovery of the costs incurred by the infrastructure manager, a Member State may
Amendment 536 #
Proposal for a directive Article 32 – paragraph 1 – subparagraph 1 In order to obtain full recovery of the costs incurred by the infrastructure manager, a Member State may
Amendment 537 #
Proposal for a directive 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 optim
Amendment 537 #
Proposal for a directive 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 optim
Amendment 538 #
Proposal for a directive Article 32 – paragraph 1 – subparagraph 1 In order to obtain full recovery of the costs incurred by the infrastructure manager a Member State may
Amendment 538 #
Proposal for a directive Article 32 – paragraph 1 – subparagraph 1 In order to obtain full recovery of the costs incurred by the infrastructure manager a Member State may
Amendment 539 #
Proposal for a directive Article 32 – paragraph 1 – subparagraph 3 These market segments shall be established in accordance with
Amendment 539 #
Proposal for a directive Article 32 – paragraph 1 – subparagraph 3 These market segments shall be established in accordance with
Amendment 540 #
Proposal for a directive Article 32 – paragraph 1 – subparagraph 3 These railway market segments and the corresponding mark-ups proposed shall be established in accordance with the
Amendment 540 #
Proposal for a directive Article 32 – paragraph 1 – subparagraph 3 These railway market segments and the corresponding mark-ups proposed shall be established in accordance with the
Amendment 541 #
Proposal for a directive Article 32 – paragraph 1 – subparagraph 4 Amendment 541 #
Proposal for a directive Article 32 – paragraph 1 – subparagraph 4 Amendment 542 #
Proposal for a directive Article 32 – paragraph 1 – subparagraph 4 Amendment 542 #
Proposal for a directive Article 32 – paragraph 1 – subparagraph 4 Amendment 543 #
Proposal for a directive Article 32 – paragraph 3 – subparagraph 1 Trains equipped with the European Train Control System (ETCS) running on lines equipped with national command control and signalling systems shall enjoy a temporary reduction of the infrastructure charge in accordance with Annex VIII, point 5. The infrastructure manager shall be able to ensure that such a reduction does not result in a loss of revenue. This reduction shall be offset by higher charges on the same railway line for trains not equipped with ETCS.
Amendment 543 #
Proposal for a directive Article 32 – paragraph 3 – subparagraph 1 Trains equipped with the European Train Control System (ETCS) running on lines equipped with national command control and signalling systems shall enjoy a temporary reduction of the infrastructure charge in accordance with Annex VIII, point 5. The infrastructure manager shall be able to ensure that such a reduction does not result in a loss of revenue. This reduction shall be offset by higher charges on the same railway line for trains not equipped with ETCS.
Amendment 544 #
Proposal for a directive Article 32 – paragraph 3 – subparagraph 1 3. Trains equipped with the European Train Control System (ETCS) running on lines equipped with national command control and signalling systems shall enjoy a temporary reduction of the infrastructure charge
Amendment 544 #
Proposal for a directive Article 32 – paragraph 3 – subparagraph 1 3. Trains equipped with the European Train Control System (ETCS) running on lines
Amendment 545 #
Proposal for a directive Article 32 – paragraph 3 – subparagraph 2 Amendment 545 #
Proposal for a directive Article 32 – paragraph 3 – subparagraph 2 Amendment 546 #
Proposal for a directive Article 32 – paragraph 3 – subparagraph 2 Amendment 546 #
Proposal for a directive Article 32 – paragraph 3 – subparagraph 2 Amendment 547 #
Proposal for a directive Article 35 – paragraph 1 1. Infrastructure charging schemes shall encourage railway undertakings and the infrastructure manager to minimise disruption and improve the performance of the railway network through a performance scheme. This may include penalties for actions which disrupt the operation of the
Amendment 547 #
Proposal for a directive Article 35 – paragraph 1 1. Infrastructure charging schemes shall encourage railway undertakings and the infrastructure manager to minimise disruption and improve the performance of the railway network through a performance scheme. This may include penalties for actions which disrupt the operation of the network, compensation for undertakings which suffer from disruption and bonuses that reward better-than-planned performance, without prejudice to any liability rules in force.
Amendment 548 #
Proposal for a directive Article 35 – paragraph 2 a (new) 2 a. The Commission shall evaluate the indicative list of basic principles of the performance scheme for railway infrastructure in Annex VIII (4) after a period of 4 years.
Amendment 548 #
Proposal for a directive Article 35 – paragraph 2 a (new) Amendment 549 #
Proposal for a directive Article 35 – paragraph 2 – subparagraph 1 Amendment 549 #
Proposal for a directive Article 35 – paragraph 2 – subparagraph 1 Amendment 550 #
Proposal for a directive Article 35 – paragraph 2 – subparagraph 2 Amendment 550 #
Proposal for a directive Article 35 – paragraph 2 – subparagraph 2 Amendment 551 #
Proposal for a directive Article 35 – paragraph 2 – subparagraph 2 Amendment 551 #
Proposal for a directive Article 35 – paragraph 2 – subparagraph 2 Amendment 552 #
Proposal for a directive Article 36 – paragraph 1 Infrastructure managers may levy an appropriate charge for capacity that is allocated but not used. This charge shall provide incentives for efficient use of capacity. If t
Amendment 552 #
Proposal for a directive Article 36 – paragraph 1 Infrastructure managers may levy an appropriate charge for capacity that is
Amendment 553 #
Proposal for a directive 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
Amendment 553 #
Proposal for a directive 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
Amendment 554 #
Proposal for a directive 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
Amendment 554 #
Proposal for a directive 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 555 #
Proposal for a directive Article 40 – paragraph 2 2. The Commission and representatives of the regulatory bodies, which co-operate according to Article 57, shall be informed of
Amendment 555 #
Proposal for a directive Article 40 – paragraph 2 2. The Commission and representatives of the regulatory bodies, which co-operate according to Article 57, shall be informed of
Amendment 556 #
Proposal for a directive Article 40 – paragraph 2 2. The Commission and representatives of the regulatory bodies, which co-operate according to Article 57, shall be informed of
Amendment 556 #
Proposal for a directive Article 40 – paragraph 2 2. The Commission and representatives of the regulatory bodies, which co-operate according to Article 57, shall be informed of
Amendment 557 #
Proposal for a directive Article 40 – paragraph 2 2. The Commission and representatives of the regulatory bodies, which co-operate according to Article 57, shall be informed of
Amendment 557 #
Proposal for a directive Article 40 – paragraph 2 2. The Commission and representatives of the regulatory bodies, which co-operate according to Article 57, shall be informed of
Amendment 558 #
Proposal for a directive Article 40 – paragraph 2 2. The Commission and representatives of the regulatory bodies, which co-operate according to Article 57, shall be informed of
Amendment 558 #
Proposal for a directive Article 40 – paragraph 2 2. The Commission and representatives of the regulatory bodies, which co-operate according to Article 57, shall be informed of
Amendment 559 #
Proposal for a directive Article 40 – paragraph 2 2. The Commission
Amendment 559 #
Proposal for a directive Article 40 – paragraph 2 2. The Commission
Amendment 560 #
Proposal for a directive 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
Amendment 560 #
Proposal for a directive 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
Amendment 561 #
Proposal for a directive Article 40 – paragraph 4 Amendment 561 #
Proposal for a directive Article 40 – paragraph 4 Amendment 562 #
Proposal for a directive 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
Amendment 562 #
Proposal for a directive 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 563 #
Proposal for a directive Article 40 – paragraph 5 a (new) 5 a. Member States may lay down different rules for networks technologically separated from the main EU railway network if specific cooperation in the allocation of infrastructure capacities for traffic originating from or destined for third countries is needed.
Amendment 563 #
Proposal for a directive Article 40 – paragraph 5 a (new) 5 a. Member States may lay down different rules for networks technologically separated from the main EU railway network if specific cooperation in the allocation of infrastructure capacities for traffic originating from or destined for third countries is needed.
Amendment 564 #
Proposal for a directive Article 40 – paragraph 5 a (new) 5 a. Member States may lay down different rules for networks technologically separated from the main EU railway network if specific cooperation in the allocation of infrastructure capacities for traffic originating from or destined for third countries is needed.
Amendment 564 #
Proposal for a directive Article 40 – paragraph 5 a (new) 5 a. Member States may lay down different rules for networks technologically separated from the main EU railway network if specific cooperation in the allocation of infrastructure capacities for traffic originating from or destined for third countries is needed.
Amendment 565 #
Proposal for a directive Article 41 – paragraph 1 1. Requests for infrastructure capacity may be made by applicants
Amendment 565 #
Proposal for a directive Article 41 – paragraph 1 1. Requests for infrastructure capacity may be made by applicants
Amendment 566 #
Proposal for a directive Article 41 – paragraph 3 Amendment 566 #
Proposal for a directive Article 41 – paragraph 3 Amendment 567 #
Proposal for a directive Article 42 – paragraph 6 – subparagraph 3 As from 1 January 2010, an initial framework agreement may be drawn up for a period of five years, renewable once, on the basis of the capacity characteristics used by applicants operating services before 1 January 2010, in order to take account of specialised investments or the existence of commercial contracts.
Amendment 567 #
Proposal for a directive Article 42 – paragraph 6 – subparagraph 3 As from 1 January 2010, an initial framework agreement may be drawn up for a period of five years, renewable once, on the basis of the capacity characteristics used by applicants operating services before 1 January 2010, in order to take account of specialised investments or the existence of commercial contracts.
Amendment 568 #
Proposal for a directive Article 43 – paragraph 1 – subparagraph 1 The infrastructure manager shall adhere to the schedule for capacity allocation set out in Annex IX. Member States may adopt different schedules for capacity allocation for networks technologically separated from main EU railway network and to allow coordination with third countries' railway networks.
Amendment 568 #
Proposal for a directive Article 43 – paragraph 1 – subparagraph 1 The infrastructure manager shall adhere to the schedule for capacity allocation set out in Annex IX. Member States may adopt different schedules for capacity allocation for networks technologically separated from main EU railway network and to allow coordination with third countries' railway networks.
Amendment 569 #
Proposal for a directive Article 43 – paragraph 1 – subparagraph 2 Amendment 569 #
Proposal for a directive Article 43 – paragraph 1 – subparagraph 2 Amendment 570 #
Proposal for a directive Article 43 – paragraph 1 – subparagraph 2 Amendment 570 #
Proposal for a directive Article 43 – paragraph 1 – subparagraph 2 Amendment 571 #
Proposal for a directive Article 43 – paragraph 2 2. Infrastructure managers shall agree with the other relevant infrastructure managers concerned which international train paths are to be included in the working timetable, before commencing consultation on the draft working timetable. Adjustments shall only be made if absolutely necessary and must be duly justified.
Amendment 571 #
Proposal for a directive Article 43 – paragraph 2 2. Infrastructure managers shall agree with the other relevant infrastructure managers concerned which international train paths are to be included in the working timetable, before commencing consultation on the draft working timetable. Adjustments shall only be made if absolutely necessary and must be duly justified.
Amendment 572 #
Proposal for a directive Article 44 – paragraph 4 4. Applicants
Amendment 572 #
Proposal for a directive Article 44 – paragraph 4 4. Applicants
Amendment 573 #
Proposal for a directive Article 45 – paragraph 4 – introductory part 4. The infrastructure manager shall, upon request, within a
Amendment 573 #
Proposal for a directive Article 45 – paragraph 4 – introductory part 4. The infrastructure manager shall, upon request, within a
Amendment 574 #
Proposal for a directive Article 46 – paragraph 6 6. Without prejudice to the existing appeal procedures and to
Amendment 574 #
Proposal for a directive Article 46 – paragraph 6 6. Without prejudice to the existing appeal procedures and to
Amendment 575 #
Proposal for a directive 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
Amendment 575 #
Proposal for a directive 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 5.
Amendment 576 #
Proposal for a directive Article 47 – paragraph 5 5.
Amendment 577 #
Proposal for a directive Article 51 – paragraph 1 1.
Amendment 577 #
Proposal for a directive Article 51 – paragraph 1 1.
Amendment 578 #
Proposal for a directive Article 51 – paragraph 2 – subparagraph 4 The plan may be subject to prior approval by the Member State.
Amendment 578 #
Proposal for a directive Article 51 – paragraph 2 – subparagraph 4 The plan may be subject to prior approval by the Member State.
Amendment 579 #
Proposal for a directive 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) 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 2. For congested infrastructure in particular, the infrastructure manager shall require the surrender of
Amendment 580 #
Proposal for a directive Article 52 – paragraph 2 2. For congested infrastructure in particular, the infrastructure manager shall require the surrender of
Amendment 581 #
Proposal for a directive Article 53 – paragraph 3 3. The infrastructure manager shall inform
Amendment 581 #
Proposal for a directive Article 53 – paragraph 3 3. The infrastructure manager shall inform
Amendment 582 #
Proposal for a directive Article 54 – paragraph 1 a (new) 1a. Infrastructure managers shall have action plans to deal with accidents or technical failures.
Amendment 582 #
Proposal for a directive Article 54 – paragraph 1 a (new) 1a. Infrastructure managers shall have action plans to deal with accidents or technical failures.
Amendment 583 #
Proposal for a directive Article 54 – paragraph 3 3.
Amendment 583 #
Proposal for a directive Article 54 – paragraph 3 3.
Amendment 586 #
Proposal for a directive 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 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
Amendment 587 #
Proposal for a directive Article 55 – paragraph 1 1. Each Member State shall establish a single national regulatory
Amendment 587 #
Proposal for a directive Article 55 – paragraph 1 1. Each Member State shall establish a single national regulatory
Amendment 588 #
Proposal for a directive 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,
Amendment 588 #
Proposal for a directive 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. It shall furthermore be functionally independent from any competent authority involved in the award of a public service contract. The regulatory body shall have the necessary human and material resources to carry out the tasks assigned to it by Article 56.
Amendment 589 #
Proposal for a directive 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
Amendment 589 #
Proposal for a directive 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
Amendment 590 #
Proposal for a directive Article 55 – paragraph 1 – point a (new) (a) The regulatory body shall be required to decide on any complaints and take action to remedy the situation within a maximum period of one month from receipt of all information. 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.
Amendment 590 #
Proposal for a directive Article 55 – paragraph 1 – point a (new) (a) The regulatory body shall be required to decide on any complaints and take action to remedy the situation within a maximum period of one month from receipt of all information. 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.
Amendment 591 #
Proposal for a directive 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
Amendment 591 #
Proposal for a directive 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 592 #
Proposal for a directive Article 55 – paragraph 3 3. The president and governing board of the regulatory
Amendment 592 #
Proposal for a directive Article 55 – paragraph 3 3. The president and governing board of the regulatory
Amendment 593 #
Proposal for a directive Article 55 – paragraph 3 3. The president and governing board of the regulatory body for the railway sector shall be appointed for a fixed and renewable term under clear rules which guarantee independence. They
Amendment 593 #
Proposal for a directive Article 55 – paragraph 3 3. The president and governing board of the regulatory body for the railway sector shall be appointed for a fixed and renewable term under clear rules which guarantee independence. They
Amendment 594 #
Proposal for a directive 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 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
Amendment 595 #
Proposal for a directive Article 55 – paragraph 3 (3) The president and governing board of the regulatory body for the railway sector shall be appointed for a fixed and renewable term under clear rules which guarantee independence and shall be confirmed by the national parliament. 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 595 #
Proposal for a directive Article 55 – paragraph 3 (3) The president and governing board of the regulatory body for the railway sector shall be appointed for a fixed and renewable term under clear rules which guarantee independence and shall be confirmed by the national parliament. 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 596 #
Proposal for a directive Article 55 – paragraph 3 3. The president and governing board of the regulatory body for the railway sector shall be appointed by the national parliament for a fixed and
Amendment 596 #
Proposal for a directive Article 55 – paragraph 3 3. The president and governing board of the regulatory body for the railway sector shall be appointed by the national 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
Amendment 597 #
Proposal for a directive Article 55 – paragraph 3 3. The president and governing board of the regulatory body for the railway sector shall be appointed by the relevant body of the Member State concerned 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
Amendment 597 #
Proposal for a directive Article 55 – paragraph 3 3. The president and governing board of the regulatory body for the railway sector shall be appointed by the relevant body of the Member State concerned 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 598 #
Proposal for a directive Article 55 – paragraph 3 3. The president and governing board of the regulatory body for the railway sector shall be
Amendment 598 #
Proposal for a directive Article 55 – paragraph 3 3. The president and governing board of the regulatory body for the railway sector shall be
Amendment 599 #
Proposal for a directive Article 56 – title Functions of
Amendment 599 #
Proposal for a directive Article 56 – title Functions of
Amendment 600 #
Proposal for a directive Article 56 – paragraph 1 – introductory part 1. Without prejudice to Article 46(6), an applicant shall have the right to appeal to the regulatory body if it believes that it has been unfairly treated, discriminated against
Amendment 600 #
Proposal for a directive Article 56 – paragraph 1 – introductory part 1. Without prejudice to Article 46(6), an applicant shall 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,
Amendment 601 #
Proposal for a directive 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) 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 602 #
Proposal for a directive Article 56 – paragraph 2 2. The regulatory body shall also have the power to monitor the competition in the rail services markets and review points (a) to (g) of paragraph 1
Amendment 602 #
Proposal for a directive Article 56 – paragraph 2 2. The regulatory body shall also have the power to monitor the competition in the rail services markets and review points (a) to (g) of paragraph 1
Amendment 603 #
Proposal for a directive Article 56 – paragraph 2 (2) The regulatory body shall also have the power to monitor the competition in the rail services markets and review points (a) to (g) of paragraph 1 on its own initiative
Amendment 603 #
Proposal for a directive Article 56 – paragraph 2 (2) The regulatory body shall also have the power to monitor the competition in the rail services markets and review points (a) to (g) of paragraph 1 on its own initiative and with a view to preventing discrimination between applicants. It shall, in particular, check whether the network statement contains discriminatory clauses or creates discretionary powers for the infrastructure manager that may be used to discriminate between applicants. The regulatory body shall have the necessary
Amendment 604 #
Proposal for a directive Article 56 – paragraph 2 2. The regulatory body shall also have the power to monitor the
Amendment 604 #
Proposal for a directive Article 56 – paragraph 2 2. The regulatory body shall also have the power to monitor the
Amendment 605 #
Proposal for a directive Article 56 – paragraph 2 2. The regulatory body shall also have the power to monitor the competition in the rail services markets and review points (a) to (g) of paragraph 1 on its own initiative and with a view to preventing discrimination between applicants. It shall, in particular, check whether the network statement contains discriminatory clauses or creates discretionary powers for the infrastructure manager that may be used to discriminate between applicants. The regulatory body shall have
Amendment 605 #
Proposal for a directive Article 56 – paragraph 2 2. The regulatory body shall also have the power to monitor the competition in the rail services markets and review points (a) to (g) of paragraph 1 on its own initiative and with a view to preventing discrimination between applicants. It shall, in particular, check whether the network statement contains discriminatory clauses or creates discretionary powers for the infrastructure manager that may be used to discriminate between applicants. The regulatory body shall have
Amendment 606 #
Proposal for a directive Article 56 – paragraph 2 2.
Amendment 606 #
Proposal for a directive Article 56 – paragraph 2 2.
Amendment 607 #
Proposal for a directive Article 56 – paragraph 3 3. The regulatory body shall ensure that charges set by the infrastructure manager comply with Chapter IV, Section 2 and are non-discriminatory
Amendment 607 #
Proposal for a directive Article 56 – paragraph 3 3. The regulatory body shall ensure that charges set by the infrastructure manager comply with Chapter IV, Section 2 and are non-discriminatory
Amendment 608 #
Proposal for a directive Article 56 – paragraph 3 3. The regulatory body shall ensure that charges set by the infrastructure manager comply with Chapter IV, Section 2 and are non-discriminatory.
Amendment 608 #
Proposal for a directive Article 56 – paragraph 3 3. The regulatory body shall ensure that charges set by the infrastructure manager comply with Chapter IV, Section 2 and are non-discriminatory.
Amendment 609 #
Proposal for a directive Article 56 – paragraph 3 a (new) 3a. The regulatory body shall determine, in accordance with Article 10(2), whether the principal purpose of a service is to carry passengers between stations located in different Member States and, in accordance with Article 11(2), whether the economic equilibrium of a public service contract is compromised by services provided for in Article 10 between a place of departure and a destination which are covered by one or more public service contracts.
Amendment 609 #
Proposal for a directive Article 56 – paragraph 3 a (new) 3a. The regulatory body shall determine, in accordance with Article 10(2), whether the principal purpose of a service is to carry passengers between stations located in different Member States and, in accordance with Article 11(2), whether the economic equilibrium of a public service contract is compromised by services provided for in Article 10 between a place of departure and a destination which are covered by one or more public service contracts.
Amendment 610 #
Proposal for a directive Article 56 – paragraph 4 4. The regulatory body shall have the power to request relevant information from the infrastructure manager, applicants and any third party involved within the Member State concerned. Information requested must be supplied without undue delay.
Amendment 610 #
Proposal for a directive Article 56 – paragraph 4 4. The regulatory body shall have the power to request relevant information from the infrastructure manager, applicants and any third party involved within the Member State concerned. Information requested must be supplied without undue delay.
Amendment 611 #
Proposal for a directive Article 56 – paragraph 5 – subparagraph 1 The regulatory body shall be required to decide on any complaints and take action to remedy the situation within a maximum period of
Amendment 611 #
Proposal for a directive Article 56 – paragraph 5 – subparagraph 1 The regulatory body shall be required to decide on any complaints and take action to remedy the situation within a maximum period of
Amendment 612 #
Proposal for a directive Article 56 – paragraph 5 – subparagraph 1 The regulatory body shall be required to decide on any complaints and take action to remedy the situation within a maximum period of
Amendment 612 #
Proposal for a directive Article 56 – paragraph 5 – subparagraph 1 The regulatory body shall be required to decide on any complaints and take action to remedy the situation within a maximum period of
Amendment 613 #
Proposal for a directive Article 56 – paragraph 5 – subparagraph 1 The regulatory body shall be required to decide on any complaints and take action to remedy the situation within a maximum period of two months from receipt of all information.
Amendment 613 #
Proposal for a directive Article 56 – paragraph 5 – subparagraph 1 The regulatory body shall be required to decide on any complaints and take action to remedy the situation within a maximum period of two months from receipt of all information.
Amendment 614 #
Proposal for a directive Article 56 – paragraph 5 – subparagraph 1 The regulatory body shall be required to
Amendment 614 #
Proposal for a directive Article 56 – paragraph 5 – subparagraph 1 The regulatory body shall be required to decide on any complaints and take action to remedy the situation within a maximum period of two months from receipt of all information.
Amendment 615 #
Proposal for a directive Article 56 – paragraph 5 – subparagraph 1 5. The regulatory body shall be required to decide on any complaints and take action to remedy the situation within a maximum period of two months from receipt of all information and from talks with the parties. Where appropriate, it shall decide on its own initiative on appropriate measures to correct undesirable developments in these markets, in particular with reference to points (a) to (g) of paragraph 1.
Amendment 615 #
Proposal for a directive Article 56 – paragraph 5 – subparagraph 1 5. The regulatory body shall be required to decide on any complaints and take action to remedy the situation within a maximum period of two months from receipt of all information and from talks with the parties. Where appropriate, it shall decide on its own initiative on appropriate
Amendment 616 #
Proposal for a directive Article 56 – paragraph 5 – subparagraph 2 A decision of the regulatory body shall be binding on all parties covered by that decision, and shall not be subject to the control of another administrative
Amendment 616 #
Proposal for a directive Article 56 – paragraph 5 – subparagraph 2 A decision of the regulatory body shall be binding on all parties covered by that decision, and shall not be subject to the control of another administrative
Amendment 617 #
Proposal for a directive 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) 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 618 #
Proposal for a directive Article 56 – paragraph 8 Amendment 618 #
Proposal for a directive Article 56 – paragraph 8 Amendment 619 #
Proposal for a directive 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) 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 620 #
Proposal for a directive Article 56 – paragraph 8 a (new) Amendment 620 #
Proposal for a directive Article 56 – paragraph 8 a (new) 8 a. 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 621 #
Proposal for a directive 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 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
Amendment 622 #
Proposal for a directive Article 56 – paragraph 8 – subparagraph 3 Amendment 622 #
Proposal for a directive Article 56 – paragraph 8 – subparagraph 3 Amendment 623 #
Proposal for a directive Article 56 a (new) Article 56a Powers of the regulatory body 1. In order to carry out the tasks listed in Article 56 the regulatory body shall have the power to: (a) enforce its decisions with appropriate sanctions, including fines. Decisions of the regulatory body shall be binding on all the parties concerned and shall not be subject to the control of another administrative body. (b) request relevant information from the infrastructure manager, applicants, and any third party involved within the Member State concerned and to enforce such requests with appropriate sanctions, including fines. Information to be supplied to the regulatory body includes all data which the regulatory body requires for the purposes of its appeal function, in its role of monitoring competition on the rail services markets, and in connection with the access to be afforded to citizens to the essential transport facilities specified by the competent authorities. It also includes data necessary for statistical and market observation purposes. Information requested must be supplied without undue delay; (c) carry out audits, or commission external audits, of infrastructure managers and, when relevant, railway undertakings in order to verify compliance with the accounting separation provisions laid down in Article 6. 2. Member States shall ensure that decisions taken by the regulatory body are subject to judicial review. Appeals shall not have a suspensive effect on decisions of the regulatory body. 3. Member States shall ensure that decisions of the regulatory body are published. 4. Member States shall ensure that infrastructure managers and all undertakings or other entities performing rail transport or infrastructure management services of the types referred to in Article 6 provide detailed regulatory accounts to the regulatory body to enable it to carry out its tasks. Those regulatory accounts must contain at least the elements set out in Annex X. The regulatory body may also draw conclusions from the accounts concerning State aid issues, which it shall report to the authorities responsible for resolving those issues.
Amendment 623 #
Proposal for a directive Article 56 a (new) Amendment 624 #
Proposal for a directive Article 57 – title Cooperation between regulatory bodies and powers of the Commission
Amendment 624 #
Proposal for a directive Article 57 – title Cooperation between regulatory bodies and powers of the Commission
Amendment 625 #
Proposal for a directive 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 network
Amendment 625 #
Proposal for a directive 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 network
Amendment 626 #
Proposal for a directive 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
Amendment 626 #
Proposal for a directive 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
Amendment 627 #
Proposal for a directive Article 57 – paragraph 1 – subparagraph 1 a (new) The Commission representatives shall comprise representatives from both the Directorate-General for Competition and the Directorate-General for Mobility and Transport.
Amendment 627 #
Proposal for a directive Article 57 – paragraph 1 – subparagraph 1 a (new) The Commission representatives shall comprise representatives from both the Directorate-General for Competition and the Directorate-General for Mobility and Transport.
Amendment 628 #
Proposal for a directive Article 57 – paragraph 1 – subparagraph 1 (new) The Commission shall set up a database in which national regulatory bodies shall feed in data on all complaint procedures related to the European Union law, such as the dates of complaints, parties involved, main issues of the procedures and problems of interpretation.
Amendment 628 #
Proposal for a directive Article 57 – paragraph 1 – subparagraph 1 (new) The Commission shall set up a database in which national regulatory bodies shall feed in data on all complaint procedures related to the European Union law, such as the dates of complaints, parties involved, main issues of the procedures and problems of interpretation.
Amendment 629 #
Proposal for a directive 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 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 630 #
Proposal for a directive 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 notify the Commission and consult the regulatory bodies of all other Member States through which the international train path concerned runs and request all necessary information from
Amendment 630 #
Proposal for a directive 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 notify the Commission and 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. Regulatory bodies shall, on a quarterly basis, notify the Commission of all complaints and own- initiative investigations on issues of access or charging relating to international rail services.
Amendment 631 #
Proposal for a directive Article 57 – paragraph 3 3. In the case of a complaint
Amendment 631 #
Proposal for a directive Article 57 – paragraph 3 3. In the case of a complaint
Amendment 632 #
Proposal for a directive Article 57 – paragraph 6 a (new) 6a. The regulatory body shall notify the Commission of any draft decisions on issues of access or charging relating to an international train path and issues of access or charging relating to international rail services. The Commission shall assess the draft decision's compatibility with Union law and, if necessary, request changes.
Amendment 632 #
Proposal for a directive Article 57 – paragraph 6 a (new) 6a. The regulatory body shall notify the Commission of any draft decisions on issues of access or charging relating to an international train path and issues of access or charging relating to international rail services. The Commission shall assess the draft decision's compatibility with Union law and, if necessary, request changes.
Amendment 633 #
Proposal for a directive Article 57 – paragraph 7 – subparagraph 1 Amendment 633 #
Proposal for a directive Article 57 – paragraph 7 – subparagraph 1 Amendment 634 #
Proposal for a directive Article 57 – paragraph 7 – subparagraph 1 Amendment 634 #
Proposal for a directive Article 57 – paragraph 7 – subparagraph 1 Amendment 635 #
Proposal for a directive Article 57 – paragraph 7 – subparagraph 1 7. Regulatory bodies shall, by exchanging information in accordance with paragraph 1, develop common principles and practices for making decisions for which they are empowered under this Directive. The Commission may adopt
Amendment 635 #
Proposal for a directive Article 57 – paragraph 7 – subparagraph 1 7. Regulatory bodies shall, by exchanging information in accordance with paragraph 1, develop common principles and practices for making decisions for which they are empowered under this Directive. The Commission may adopt
Amendment 636 #
Proposal for a directive Article 57 – paragraph 7 – subparagraph 2 Amendment 636 #
Proposal for a directive Article 57 – paragraph 7 – subparagraph 2 Amendment 637 #
Proposal for a directive Article 57 – paragraph 7 – subparagraph 2 Amendment 637 #
Proposal for a directive Article 57 – paragraph 7 – subparagraph 2 Amendment 638 #
Proposal for a directive Article 57 – paragraph 7 – subparagraph 2 a (new) The Commission shall, two years after the transposition of this Directive, present a report on the cooperation of national regulatory bodies. On the basis of this report the Commission shall draw up a proposal for the creation of a central European regulatory body for international rail transport services.
Amendment 638 #
Proposal for a directive Article 57 – paragraph 7 – subparagraph 2 a (new) The Commission shall, two years after the transposition of this Directive, present a report on the cooperation of national regulatory bodies. On the basis of this report the Commission shall draw up a proposal for the creation of a central European regulatory body for international rail transport services.
Amendment 639 #
Proposal for a directive 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) 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 640 #
Proposal for a directive Article 57 a (new) Article 57a The Commission shall, one year after the transposition of this Directive, submit a report on cooperation among national regulatory bodies in accordance with this Article.
Amendment 640 #
Proposal for a directive Article 57 a (new) Article 57a The Commission shall, one year after the transposition of this Directive, submit a report on cooperation among national regulatory bodies in accordance with this Article.
Amendment 641 #
Proposal for a directive Article 57 a (new) Amendment 641 #
Proposal for a directive 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 642 #
Proposal for a directive Article 57 a (new) Amendment 642 #
Proposal for a directive Article 57 a (new) One year after the transposition of this Directive, the Commission shall submit a report on cooperation by the national regulatory bodies in accordance with this article and shall instruct the European Railway Agency to establish a regulatory body at European level with a remit to supervise freight corridors as laid down in Regulation (EU) No 913/2010 concerning a European rail network for competitive freight, with special reference to monitoring the functioning of the one- stop shop. The European Railway Agency shall organise itself in such a way that this task is performed completely independently of the other activities already assigned to it. On the basis of the experience gained by this regulatory body for freight corridors, the Commission shall, if desirable, submit a legislative proposal for the establishment of a general European regulatory body.
Amendment 643 #
Proposal for a directive Article 60 – paragraph 1 1. Powers to adopt the delegated acts referred to in Article
Amendment 643 #
Proposal for a directive Article 60 – paragraph 1 1. Powers to adopt the delegated acts referred to in Article
Amendment 644 #
Proposal for a directive Article 63 – paragraph 2 – subparagraph 1 At the request of a
Amendment 644 #
Proposal for a directive Article 63 – paragraph 2 – subparagraph 1 At the request of a
Amendment 645 #
Proposal for a directive Article 63 – paragraph 3 3. Measures under Articles 10(2), 11(4), 14(2), and 17(5) designed to ensure the implementation of the Directive under uniform conditions shall be adopted by the Commission as implementing acts in accordance with the procedure referred to in Article 64(
Amendment 645 #
Proposal for a directive Article 63 – paragraph 3 3. Measures under Articles 10(2), 11(4), 14(2), and 17(5) designed to ensure the implementation of the Directive under uniform conditions shall be adopted by the Commission as implementing acts in accordance with the procedure referred to in Article 64(
Amendment 646 #
Proposal for a directive 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
Amendment 646 #
Proposal for a directive 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
Amendment 647 #
Proposal for a directive Article 68 – paragraph 2 Article
Amendment 647 #
Proposal for a directive Article 68 – paragraph 2 Article
Amendment 648 #
Proposal for a directive Annex 1 – indent 1 a (new) – The parts of passenger station buildings and facilities that are necessary for the provision of rail transport services: common transit areas, platform access facilities, public information systems, any movement control areas;
Amendment 648 #
Proposal for a directive Annex 1 – indent 1 a (new) – The parts of passenger station buildings and facilities that are necessary for the provision of rail transport services: common transit areas, platform access facilities, public information systems, any movement control areas;
Amendment 649 #
Proposal for a directive Annex 1 – indent 6 –
Amendment 649 #
Proposal for a directive Annex 1 – indent 6 –
Amendment 650 #
Proposal for a directive Annex 1 – indent 10 – Buildings used by the infrastructure department to ensure reliability and compliance to its tasks.
Amendment 650 #
Proposal for a directive Annex 1 – indent 10 – Buildings used by the infrastructure department to ensure reliability and compliance to its tasks.
Amendment 651 #
Proposal for a directive Annex 1 – indent 10 a (new) - goods stations and goods transport centres;
Amendment 651 #
Proposal for a directive Annex 1 – indent 10 a (new) - goods stations and goods transport centres;
Amendment 652 #
Proposal for a directive Annex 1 – indent 10 a (new) – A network of freight terminals commensurate with the size of the rail network.
Amendment 652 #
Proposal for a directive Annex 1 – indent 10 a (new) – A network of freight terminals commensurate with the size of the rail network.
Amendment 653 #
Proposal for a directive Annex 1 – indent 10 a (new) - Service facilities: worksheds, maintenance halls, holding and sorting sidings, subsidiary stations serving termini.
Amendment 653 #
Proposal for a directive Annex 1 – indent 10 a (new) - Service facilities: worksheds, maintenance halls, holding and sorting sidings, subsidiary stations serving termini.
Amendment 654 #
Proposal for a directive Annex 1 a (new) Amendment 654 #
Proposal for a directive Annex 1 a (new) Independence and transparency criteria to be fulfilled by the infrastructure manager: (referred to in Article 3(2)) (a) Compliance with the independence and transparency criteria shall be monitored by the regulatory body referred to in Article 55. Any applicant shall have the right to appeal to the regulatory body if it believes that those independence requirements are not adequately fulfilled; (b) Statutory and/or contractual independence provisions shall be set in the relationship between the controlling structure or holding and the infrastructure manager, between the infrastructure manager and other companies of the group, or other entities which are controlled by the holding, including in particular the shareholders’ meeting of the infrastructure manager; (c) The board members of the holding and/or of other companies of the holding shall not be in the board of the infrastructure manager and shall not exercise any voting rights in the board of the infrastructure manager; (d) The board members of the infrastructure manager and senior staff members dealing with essential functions shall, for a period of three years, be barred from accepting any senior position with the holding or with other entities under its control after they leave the infrastructure manager. (e) The management board, the administrative board, the supervisory board of or bodies legally representing the infrastructure manager shall not be appointed by any controlling structure or holding the infrastructure manager is part of in order to ensure full independence of the infrastructure manager. It shall be appointed and dismissed under the control of the regulatory body referred to in Article 55. (f) The infrastructure manager shall define and adopt its business plan as referred to in Article 8 independently from any controlling structure or holding and from any railway undertaking. (g)The infrastructure manager shall have the necessary organisational capacity to perform its functions independently from any railway undertaking and shall not be allowed to delegate the operation of its functions to bodies or firms which directly or indirectly exercise control, hold any interest in or exercise any right over a railway undertaking. (h) The infrastructure manager shall have its own staff and be located in separate premises or with protected access. Access to the information systems shall be protected. The internal rules or staff contracts shall clearly limit the contacts with the holding and other companies under its control to the official communications connected with the exercise of the essential functions. In particular, commercially sensitive information related to the functions of the infrastructure manager defined in Article 3(2) held by the infrastructure manager shall not be transferred to any railway undertaking. (i) Remuneration systems for the staff of the infrastructure manager shall only be based on the performance of the infrastructure manager.
Amendment 655 #
Proposal for a directive Annex 1 a (new) Amendment 655 #
Proposal for a directive Annex 1 a (new) Amendment 656 #
Proposal for a directive Annex 1 – indent 10 a (new) – The part of the passenger station building and the facilities functionally necessary for rail operations: common transit areas, platforms and platform roofing, platform access facilities (underpasses, footbridges, escalators, lifts), public information systems (monitors, electronic displays), any movement control areas (control centre, movement controllers’ offices, telephone switchboards, etc.).
Amendment 656 #
Proposal for a directive Annex 1 – indent 10 a (new) – The part of the passenger station building and the facilities functionally necessary for rail operations: common transit areas, platforms and platform roofing, platform access facilities (underpasses, footbridges, escalators, lifts), public information systems (monitors, electronic displays), any movement control areas (control centre, movement controllers’ offices, telephone switchboards, etc.).
Amendment 657 #
Proposal for a directive Annex 2 Amendment 657 #
Proposal for a directive Annex 2 Amendment 658 #
Proposal for a directive Annex 2 – indent 2 – decision making on infrastructure charging, including determination
Amendment 658 #
Proposal for a directive Annex 2 – indent 2 – decision making on infrastructure charging, including determination
Amendment 659 #
Proposal for a directive Annex 2 – indent 2 a (new) - Decisions on equitable and non- discriminatory access to service facilities as provided for in Article 13.
Amendment 659 #
Proposal for a directive Annex 2 – indent 2 a (new) - Decisions on equitable and non- discriminatory access to service facilities as provided for in Article 13.
Amendment 660 #
Proposal for a directive Annex 3 – point 1 – introductory part 1. The
Amendment 660 #
Proposal for a directive Annex 3 – point 1 – introductory part 1. The
Amendment 661 #
Proposal for a directive Annex 3 – point 1 – subpoint d a (new) (d a) safety and technical inspection of rolling stock
Amendment 661 #
Proposal for a directive Annex 3 – point 1 – subpoint d a (new) (d a) safety and technical inspection of rolling stock
Amendment 662 #
Proposal for a directive Annex 3 – point 1 – subpoint e (e) use of electrical supply equipment for traction current
Amendment 662 #
Proposal for a directive Annex 3 – point 1 – subpoint e (e) use of electrical supply equipment for traction current
Amendment 663 #
Proposal for a directive Annex III – point 1 – subpoint f Amendment 663 #
Proposal for a directive Annex III – point 1 – subpoint f Amendment 664 #
Proposal for a directive Annex 3 – point 1 – subpoint f (f) use of refuelling facilities
Amendment 664 #
Proposal for a directive Annex 3 – point 1 – subpoint f (f) use of refuelling facilities
Amendment 665 #
Proposal for a directive Annex 3 – point 1 – subpoint f a (new) (f a) passenger stations, their buildings, their facilities including a suitable space for unified ticketing and for travel information facilities. The requirement related to ticketing shall not apply in the United Kingdom where a common national ticketing and information system already exists;
Amendment 665 #
Proposal for a directive Annex 3 – point 1 – subpoint f a (new) (f a) passenger stations, their buildings, their facilities including a suitable space for unified ticketing and for travel information facilities. The requirement related to ticketing shall not apply in the United Kingdom where a common national ticketing and information system already exists;
Amendment 666 #
Proposal for a directive Annex 3 – point 1 – subpoint f b (new) (f b) freight terminals
Amendment 666 #
Proposal for a directive Annex 3 – point 1 – subpoint f b (new) (f b) freight terminals
Amendment 667 #
Proposal for a directive Annex 3 – point 1 – subpoint f c (new) (f c) marshalling yards;
Amendment 667 #
Proposal for a directive Annex 3 – point 1 – subpoint f c (new) (f c) marshalling yards;
Amendment 668 #
Proposal for a directive Annex 3 – point 1 – subpoint f d (new) (f d) train formation facilities;
Amendment 668 #
Proposal for a directive Annex 3 – point 1 – subpoint f d (new) (f d) train formation facilities;
Amendment 669 #
Proposal for a directive Annex 3 – point 1 – subpoint f e (new) (f e) storage sidings;
Amendment 669 #
Proposal for a directive Annex 3 – point 1 – subpoint f e (new) (f e) storage sidings;
Amendment 670 #
Proposal for a directive Annex 3 – point 1 – subpoint f f (new) (f f) maintenance and other technical facilities;
Amendment 670 #
Proposal for a directive Annex 3 – point 1 – subpoint f f (new) (f f) maintenance and other technical facilities;
Amendment 671 #
Proposal for a directive Annex 3 – point 1 – subpoint f g (new) (f g) port facilities which are linked to rail activities;
Amendment 671 #
Proposal for a directive Annex 3 – point 1 – subpoint f g (new) (f g) port facilities which are linked to rail activities;
Amendment 672 #
Proposal for a directive Annex 3 – point 1 – subpoint f h (new) (f h) relief facilities including towing to clear the running lines;
Amendment 672 #
Proposal for a directive Annex 3 – point 1 – subpoint f h (new) (f h) relief facilities including towing to clear the running lines;
Amendment 673 #
Proposal for a directive Annex 3 – point 1 – subpoint f i (new) (f i) pre-heating of passenger trains;
Amendment 673 #
Proposal for a directive Annex 3 – point 1 – subpoint f i (new) (f i) pre-heating of passenger trains;
Amendment 674 #
Proposal for a directive Annex 3 – point 1 – subpoint f j (new) (f j) tailor-made contracts for control of transport of dangerous goods and /or in assistance in running abnormal trains;
Amendment 674 #
Proposal for a directive Annex 3 – point 1 – subpoint f j (new) (f j) tailor-made contracts for control of transport of dangerous goods and /or in assistance in running abnormal trains;
Amendment 675 #
Proposal for a directive Annex 3 – point 1 – subpoint f k (new) (f k) access to telecommunication networks;
Amendment 675 #
Proposal for a directive Annex 3 – point 1 – subpoint f k (new) (f k) access to telecommunication networks;
Amendment 676 #
Proposal for a directive Annex 3 – point 2 – introductory part Amendment 676 #
Proposal for a directive Annex 3 – point 2 – introductory part Amendment 677 #
Proposal for a directive Annex III – point 2 – introductory part 2. Access shall also be given to services facilities and
Amendment 677 #
Proposal for a directive Annex III – point 2 – introductory part 2. Access shall also be given to services facilities and
Amendment 678 #
Proposal for a directive Annex III – point 2 – subpoint a (a) passenger stations, their buildings and other facilities, including
Amendment 678 #
Proposal for a directive Annex III – point 2 – subpoint a (a) passenger stations, their buildings and other facilities, including
Amendment 679 #
Proposal for a directive Annex 3 – point 2 – subpoint a (a) passenger stations, their buildings and other facilities
Amendment 679 #
Proposal for a directive Annex 3 – point 2 – subpoint a (a) passenger stations, their buildings and other facilities
Amendment 680 #
Proposal for a directive Annex 3 – point 2 – subpoint b Amendment 680 #
Proposal for a directive Annex 3 – point 2 – subpoint b Amendment 681 #
Proposal for a directive Annex 3 – point 2 – subpoint f Amendment 681 #
Proposal for a directive Annex 3 – point 2 – subpoint f Amendment 682 #
Proposal for a directive Annex 3 – point 2 – subpoint f Amendment 682 #
Proposal for a directive Annex 3 – point 2 – subpoint f Amendment 683 #
Proposal for a directive 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 (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 684 #
Proposal for a directive Annex III – point 2 – subpoint f (f) light maintenance
Amendment 684 #
Proposal for a directive Annex III – point 2 – subpoint f (f) light maintenance
Amendment 685 #
Proposal for a directive Annex 3 – point 2 – subpoint g Amendment 685 #
Proposal for a directive Annex 3 – point 2 – subpoint g Amendment 686 #
Proposal for a directive Annex 3 – point 2 – subpoint g (g)
Amendment 686 #
Proposal for a directive Annex 3 – point 2 – subpoint g (g)
Amendment 687 #
Proposal for a directive Annex 3 – point 2 – subpoint h Amendment 687 #
Proposal for a directive Annex 3 – point 2 – subpoint h Amendment 688 #
Proposal for a directive Annex III – point 2 – subpoint h a (new) (ha) refuelling facilities, where available;
Amendment 688 #
Proposal for a directive Annex III – point 2 – subpoint h a (new) (ha) refuelling facilities, where available;
Amendment 689 #
Proposal for a directive 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) (ha) refuelling facilities;
Amendment 690 #
Proposal for a directive Annex 3 – point 3 Amendment 690 #
Proposal for a directive Annex 3 – point 3 Amendment 691 #
Proposal for a directive Annex III – point 3 – subpoint a (a) traction current,
Amendment 691 #
Proposal for a directive Annex III – point 3 – subpoint a (a) traction current,
Amendment 692 #
Proposal for a directive Annex 3 – point 4 Amendment 692 #
Proposal for a directive Annex 3 – point 4 Amendment 693 #
Proposal for a directive Annex 6 – point 1 1. A section setting out the nature of the infrastructure which is available to railway undertakings and the conditions of access
Amendment 693 #
Proposal for a directive Annex 6 – point 1 1. A section setting out the nature of the infrastructure which is available to railway undertakings and the conditions of access to it including the technical and safety rules governing the access of railway vehicles as regulated by directives 2008/57/EC and 2004/49/EC. The information in this section shall be consistent with or refer to the rail infrastructure registers to be published in accordance with Article 35 of Directive 2008/57/EC.
Amendment 694 #
Proposal for a directive 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
Amendment 694 #
Proposal for a directive 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,
Amendment 695 #
Proposal for a directive 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
Amendment 695 #
Proposal for a directive 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
Amendment 696 #
Proposal for a directive 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
Amendment 696 #
Proposal for a directive 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
Amendment 697 #
Proposal for a directive Annex 6 – point 7 – subparagraph 1 (new) If the conditions of competition with third countries so require, respective Member States may adopt different rules for charges on those networks where the track gauge is different from that of the main rail network within the Union. Such rules may be published within shorter time limits than laid down in this Directive and which are compatible with those in the relevant third countries.
Amendment 697 #
Proposal for a directive Annex 6 – point 7 – subparagraph 1 (new) If the conditions of competition with third countries so require, respective Member States may adopt different rules for charges on those networks where the track gauge is different from that of the main rail network within the Union. Such rules may be published within shorter time limits than laid down in this Directive and which are compatible with those in the relevant third countries.
Amendment 698 #
Proposal for a directive Annex 7 – point 3 – subpoint e e) safety levels, including a good knowledge of English by train drivers and other crew members involved in cross- border transport, and
Amendment 698 #
Proposal for a directive Annex 7 – point 3 – subpoint e e) safety levels, including a good knowledge of English by train drivers and other crew members involved in cross- border transport, and
Amendment 699 #
Proposal for a directive Annex 7 – point 9 9. rules for dealing with major disruptions of operations
Amendment 699 #
Proposal for a directive Annex 7 – point 9 9. rules for dealing with major disruptions of operations
Amendment 700 #
Proposal for a directive Annex 7 – point 9 9. rules for dealing with major disruptions of operations and emergency situations
Amendment 700 #
Proposal for a directive Annex 7 – point 9 9. rules for dealing with major disruptions of operations and emergency situations
Amendment 701 #
Proposal for a directive Annex 7 – point 9 9. rules for dealing with major disruptions of operations and emergency situations
Amendment 701 #
Proposal for a directive Annex 7 – point 9 9. rules for dealing with major disruptions
Amendment 702 #
Proposal for a directive Annex 8 – point 1 – subpoint a (a) Network-wide overhead costs,
Amendment 702 #
Proposal for a directive Annex 8 – point 1 – subpoint a (a) Network-wide overhead costs,
Amendment 703 #
Proposal for a directive Annex 8 – point 1 – subpoint a (a) Network-wide overhead costs
Amendment 703 #
Proposal for a directive Annex 8 – point 1 – subpoint a (a) Network-wide overhead costs
Amendment 704 #
Proposal for a directive Annex 8 – point 1 – subpoint a (a) Network-wide overhead costs
Amendment 704 #
Proposal for a directive Annex 8 – point 1 – subpoint a (a) Network-wide overhead costs
Amendment 705 #
Proposal for a directive Annex 8 – point 1 – subpoint f Amendment 705 #
Proposal for a directive Annex 8 – point 1 – subpoint f Amendment 706 #
Proposal for a directive Annex 8 – point 1 – subpoint f Amendment 706 #
Proposal for a directive Annex 8 – point 1 – subpoint f Amendment 707 #
Proposal for a directive 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) 1a. The infrastructure manager must submit the direct cost calculation to the regulatory body for an opinion, specifying the cost parameters and factors.
Amendment 708 #
Proposal for a directive Annex 8 – point 3 3.
Amendment 708 #
Proposal for a directive Annex 8 – point 3 3.
Amendment 709 #
Proposal for a directive Annex 8 – point 3 – introductory part 3. The infrastructure manager shall de
Amendment 709 #
Proposal for a directive 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)
Amendment 710 #
Proposal for a directive Annex 8 – point 3 – introductory part 3. The infrastructure manager
Amendment 710 #
Proposal for a directive Annex 8 – point 3 – introductory part 3. The infrastructure manager
Amendment 711 #
Proposal for a directive Annex 8 – point 3 – introductory part 3. The
Amendment 711 #
Proposal for a directive Annex 8 – point 3 – introductory part 3. The
Amendment 712 #
Proposal for a directive Annex 8 – point 3 3. The infrastructure manager shall de
Amendment 712 #
Proposal for a directive Annex 8 – point 3 3. The infrastructure manager shall de
Amendment 713 #
Proposal for a directive 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) 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) (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) (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) (gb) high-speed trains vs conventional trains.
Amendment 715 #
Proposal for a directive Annex VIII – point 3 – subpoint g b (new) (gb) high-speed trains vs conventional trains.
Amendment 716 #
Proposal for a directive Annex 8 – point 4 – subpoint b (b) The infrastructure manager shall communicate to the railway undertakings the timetable, on the basis of which delays will be calculated, at least five days before the train run
Amendment 716 #
Proposal for a directive Annex 8 – point 4 – subpoint b (b) The infrastructure manager shall communicate to the railway undertakings the timetable, on the basis of which delays will be calculated, at least five days before the train run
Amendment 717 #
Proposal for a directive Annexe VIII – point 5 – Table 1 For freight transport: Year Discount 2015
Amendment 717 #
Proposal for a directive Annexe VIII – point 5 – Table 1 For freight transport: Year Discount 2015
Amendment 718 #
Proposal for a directive Annex 8 – point 5 Amendment 718 #
Proposal for a directive Annex 8 – point 5 Amendment 719 #
Proposal for a directive Annex 8 – point 5 – Table 1 For freight transport: Year Reduction
Amendment 719 #
Proposal for a directive Annex 8 – point 5 – Table 1 For freight transport: Year Reduction
Amendment 720 #
Proposal for a directive Annex 8 – point 5 – Table 2 For passenger transport: Year Reduction 2020
Amendment 720 #
Proposal for a directive Annex 8 – point 5 – Table 2 For passenger transport: Year Reduction 2020
Amendment 721 #
Proposal for a directive Annex 9 – point 5 a (new) 5 a. Notwithstanding the above, in networks, connecting Member States and third countries, and whose track gauge is different from that of the main rail network within the Union, the scheduling and allocation process may be done under the specific procedures and terms which apply on this specific network.
Amendment 721 #
Proposal for a directive Annex 9 – point 5 a (new) 5 a. Notwithstanding the above, in networks, connecting Member States and third countries, and whose track gauge is different from that of the main rail network within the Union, the scheduling and allocation process may be done under the specific procedures and terms which apply on this specific network.
Amendment 722 #
Proposal for a directive Annex 10 Amendment 722 #
Proposal for a directive Annex 10 Amendment 723 #
Proposal for a directive Annex 10 – point 1 – point a a) include separate profit and loss accounts and balance sheets for freight, passenger and infrastructure management activities, which must be linked to indicators and the objectives achieved;
Amendment 723 #
Proposal for a directive Annex 10 – point 1 – point a a) include separate profit and loss accounts and balance sheets for freight, passenger and infrastructure management activities, which must be linked to indicators and the objectives achieved;
Amendment 724 #
Proposal for a directive Annex 10 – point 1 – point c (c) include cost and profit categories making it possible to determine whether cross-subsidies between these different activities occurred, according to the requirements of Article 6 and as deemed necessary and proportionate by the regulatory body;
Amendment 724 #
Proposal for a directive Annex 10 – point 1 – point c (c) include cost and profit categories making it possible to determine whether cross-subsidies between these different activities occurred, according to the requirements of Article 6 and as deemed necessary and proportionate by the regulatory body;
source: PE-467.166
2012/05/04
TRAN
79 amendments...
Amendment 108 #
Proposal for a directive Recital 6 a (new) (6a) The separation between the provision of transport services and the management of infrastructure should not have adverse consequences for the employment and social conditions of workers in the rail sector. The social clauses should be respected in order to avoid any social dumping and unfair competition by new entrants that fails to respect the minimum social standards of the rail sector.
Amendment 109 #
Proposal for a directive Recital 14 Amendment 110 #
Proposal for a directive Recital 22 (22) The assessment of whether the socio- economic equilibrium of the public service contract could be compromised should take into account predetermined criteria such as the impact on the
Amendment 111 #
Proposal for a directive Recital 27 Amendment 112 #
Proposal for a directive Recital 33 (33) To ensure transparency and non-
Amendment 113 #
Proposal for a directive Recital 49 (49) Member States
Amendment 114 #
Proposal for a directive Recital 83 a (new) (83a) In order to ensure the development of competition, continued investment and the cost-effectiveness of service provision of the railway sector the separation of accounts provided for by Art 6 should require the organisation of distinct divisions within a single undertaking or the management of infrastructure and transport services by separate entities;
Amendment 115 #
Proposal for a directive Recital 83 b (new) (83b) When managing the traffic on the network, effective cooperation between railway undertakings and infrastructure managers is essential;
Amendment 116 #
Proposal for a directive Recital 83 c (new) (83c) The Commission should prepare a comparative analysis of the methods for the setting of the amounts of the levies in the Member States in order to establish a uniform method of calculation to determine the amount of the levies
Amendment 117 #
Proposal for a directive Recital 83 d (new) (83d) Analogously to EU co-funding provided for the equipment of rolling stock with ERTMS, Member States are encouraged to make use of all available EU co-funding opportunities, such as the European Regional Development Fund and the Cohesion Fund, and to include the objective of reducing rail noise in the Operational Programmes, targeting both the infrastructure and the rolling stock. Furthermore, funds provided for the TEN-T and through the CEF should also be used for this purpose.
Amendment 118 #
Proposal for a directive Recital 83 e (new) (83e) Noise reduction measures adopted for the rail sector should be considered as a model for noise reduction efforts for other modes of transport.
Amendment 119 #
Proposal for a directive Article 2 – paragraph 9 Amendment 120 #
Proposal for a directive Article 3 – point 10 a (new) 'heavy maintenance' means works that cannot be carried out during normal idle periods and require the vehicle to be removed from service.
Amendment 121 #
Proposal for a directive Article 3 – point 10 b (new) (10b) 'light maintenance service' means day-to-day servicing and small repairs activities which take place in the course of rail operations during natural idle periods and throughout the network to ensure safe operations;
Amendment 122 #
Proposal for a directive Article 3 – point 10 c (new) (10c) 'heavy maintenance service' means works that cannot be carried out during normal idle periods and requires the vehicle to be removed from service;
Amendment 123 #
Proposal for a directive Article 3 – point 15 Amendment 124 #
Proposal for a directive Article 5 – title Management of the railway undertakings
Amendment 125 #
Proposal for a directive Article 5 – paragraph 1 – subparagraph 1 Member States shall enable railway undertakings to adjust their activities to the market and to manage those activities under the responsibility of their management bodies, in the interests of providing efficient, reliable and appropriate services
Amendment 126 #
Proposal for a directive Article 6 – paragraph 4 4.
Amendment 127 #
Proposal for a directive Article 7 – paragraph 1 – subparagraph 1 Member States
Amendment 128 #
Proposal for a directive Article 8 – paragraph 1 1. Member States shall develop their national railway infrastructure by taking into account, where necessary, the general needs of the Union, including the need to cooperate with neighbouring third countries. For this purpose, they shall publish
Amendment 129 #
Proposal for a directive Article 8 – paragraph 2 2.
Amendment 130 #
Proposal for a directive Article 8 – paragraph 4 4. Member States shall ensure that, under normal business conditions and over a reasonable period
Amendment 131 #
Proposal for a directive Article 9 – paragraph 2 – subparagraph 2 The balance sheet of the unit may be charged with all the loans raised by the railway undertaking both to finance investment and to cover excess operating expenditure resulting from the business of rail transport or from railway infrastructure management, until such time as these loans are extinguished.
Amendment 132 #
Proposal for a directive Article 10 – paragraph 4 Amendment 133 #
Proposal for a directive Article 10 – paragraph 4 (4) Based on the experience of regulatory bodies, competent authorities and railway undertakings and based on the activities of the working group referred to in Article 57(1), the Commission
Amendment 134 #
Proposal for a directive 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
Amendment 135 #
Proposal for a directive Article 11 – paragraph 4 Amendment 136 #
Proposal for a directive Article 11 – paragraph 5 a (new) Amendment 137 #
Proposal for a directive Article 13 – paragraph 3 – subparagraph 1 Amendment 138 #
Proposal for a directive Article 13 – paragraph 3 – subparagraph 1 To guarantee full transparency and non- discrimination of access to the service facilities referred to in point 2
Amendment 139 #
Proposal for a directive Article 13 – paragraph 4 – subparagraph 2 Where requests by railway undertakings concern access to, and supply of services in a service facility managed by an operator
Amendment 140 #
Proposal for a directive Article 13 – paragraph 6 Amendment 141 #
Proposal for a directive 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 t
Amendment 142 #
Proposal for a directive 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 t
Amendment 143 #
Proposal for a directive Article 13 – paragraph 9 9.
Amendment 144 #
Proposal for a directive Article 15 – paragraph 2 2. In this context, the Commission shall closely involve representatives of the Member States
Amendment 145 #
Proposal for a directive 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 made in railway infrastructure, developments as regards prices and the quality of rail transport services, rail transport services covered by public
Amendment 146 #
Proposal for a directive Article 15 – paragraph 4 – point a (a) the evolution of the internal market in rail services and services to be supplied to railway undertakings, as referred to in Annex II;
Amendment 147 #
Proposal for a directive Article 15 – paragraph 4 – point b (b) the framework conditions referred to in paragraph 3, including for public passenger transport services by rail;
Amendment 148 #
Proposal for a directive Article 15 – paragraph 5 5. For the purposes of the market monitoring by the Commission, Member States shall, while respecting the role of the social partners, supply to the Commission on an annual basis the necessary information on the use of the networks and the evolution of framework conditions in the rail sector.
Amendment 149 #
Proposal for a directive Article 17 – paragraph 1 Amendment 150 #
Proposal for a directive Article 17 – paragraph 1 1. A railway undertaking shall be entitled to apply for a licence in the Member State in which it is established. In the Member States which are bordering with third countries, with the network whose track gauge is different from the main rail network within the Union and whose rail freight markets are dominated by the rail freight carriages to and from third countries, the licensing authorities when making decision on the issue of licences to railway undertakings which are directly or indirectly effectively controlled through the ownership shares of third country or nationals of third country, may take into account existence or non-existence of reciprocal access for the EU rail undertakings to the rail freight market of the respective third country.
Amendment 151 #
Proposal for a directive Article 17 – paragraph 5 5. The Commission
Amendment 152 #
Proposal for a directive Article 30 – paragraph 2 2. Without prejudice to their competence regarding railway infrastructure planning and financing, and to the budgetary principle of annuality, where applicable, Member States shall ensure that a contractual agreement, fulfilling the basic principles and parameters set out in Annex V, is concluded between the competent authority and the infrastructure manager covering a period of not less than
Amendment 153 #
Proposal for a directive 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 and for access to infrastructure connecting service facilities shall be set at the cost that is directly incurred as a result of operating the train service
Amendment 154 #
Proposal for a directive Article 31 – paragraph 3 – subparagraph 2 Before
Amendment 155 #
Proposal for a directive Article 31 – paragraph 3 – subparagraph 2 Amendment 156 #
Proposal for a directive Article 31 – paragraph 3 – subparagraph 3 The infrastructure manager may decide to gradually adapt to this methodology referred to in paragraph 4 during a period
Amendment 157 #
Proposal for a directive Article 31 – paragraph 5 – subparagraph 1 Amendment 158 #
Proposal for a directive Article 31 – paragraph 5 – subparagraph 2 Based on the experience gained by infrastructure managers, railway undertakings, regulatory bodies and competent authorities, and recognising existing schemes on noise differentiation, the Commission
Amendment 159 #
Proposal for a directive Article 32 – paragraph 4 – subparagraph 1 4. T
Amendment 160 #
Proposal for a directive Article 32 – paragraph 4 – subparagraph 2 Amendment 161 #
Proposal for a directive Article 56 – paragraph 2 2.
Amendment 162 #
Proposal for a directive Article 56 – paragraph 2 – subparagraph 2 (new) The regulatory body shall also cooperate closely with the national safety authority within the meaning of Directive 2008/57/EC, and the licensing authority within the meaning of the present Directive. Member States shall ensure that these authorities jointly develop a framework for information-sharing and cooperation aimed at preventing adverse effects on competition or safety in the railway market. This framework shall include a mechanism for the regulatory body to provide the national safety and licensing authorities with non-binding recommendations on issues that may affect competition in the railway market and for the national safety authority to provide the regulatory body and licensing authority with non-binding recommendations on issues that may affect safety. Without prejudice to the independence of each authority within the field of their respective competences, the relevant authority shall examine any such recommendation and give justifications if it intends to deviate from these recommendations before adopting its decisions.
Amendment 163 #
Proposal for a directive Article 56 – paragraph 3 Amendment 164 #
Proposal for a directive Article 56 – paragraph 4 4. The regulatory body shall have the
Amendment 165 #
Proposal for a directive Article 56 – paragraph 5 a (new) 5a. The regulatory body shall regularly, and in any case at least every two years, consult representatives of users of the rail freight and passenger transport services, to take into account their views on the rail market.
Amendment 166 #
Proposal for a directive Article 56 – paragraph 6 6.
Amendment 167 #
Proposal for a directive Article 56 – paragraph 7 – subparagraph 1 7. The regulatory body shall
Amendment 168 #
Proposal for a directive Article 56 – paragraph 10 – subparagraph 1 Amendment 169 #
Proposal for a directive Article 57 – paragraph 1 1. The 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 participate and work together in a network
Amendment 170 #
Proposal for a directive Article 57 – paragraph 6 a (new) At the request of a regulatory body, the Commission may participate in the activities listed under paragraph 2 to 6 for the purpose of facilitating the cooperation of regulatory bodies as outlined in the above mentioned paragraphs.
Amendment 171 #
Proposal for a directive Article 60 – point 2 2. The delegation of power referred to in Articles
Amendment 172 #
Proposal for a directive Article 63 – paragraph 2 Amendment 173 #
Proposal for a directive Article 63 – paragraph 2 This report shall also assess the development of the market, including the state of preparation of a further opening-up of the rail market. In its report the Commission shall also analyse the different models for organising this market and the impact of this Directive on public service contracts and their financing. In so doing, the Commission shall take into account the implementation of Regulation (EC) No 1370/2007 and the intrinsic differences between Member States (density of networks, number of passengers, average travel distance).
Amendment 174 #
Proposal for a directive Article 63 – paragraph 2 a (new) 2. In light of the experience acquired through the network of regulatory bodies, the Commission shall no later than one year after the deadline for transposition of this Directive, submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of Regions a report on the cooperation between regulatory bodies. The Commission shall, if appropriate, present a legislative proposal establishing a European regulatory body. This body shall have a supervisory and arbitration function to deal with cross-border and international problems and to hear appeals of decisions taken by national regulatory bodies.
Amendment 175 #
Proposal for a directive Article 64 – paragraph 1 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive including as regards compliance by undertakings, operators, applicants, authorities and other entities concerned by ...*. They shall forthwith communicate to the Commission the text of those provisions. ________________ * OJ: Please insert date -
Amendment 176 #
Proposal for a directive Annex I – paragraph 1 – indent 10 a (new) - the part of the passenger station infrastructure and the facilities functionally necessary for rail operations: common transit areas, platforms and platform roofing, platform access facilities (underpasses, footbridges, escalators, lifts), public information systems (monitors, electronic displays), movement control areas (control centre, movement controllers’ offices, telephone switchboards, etc.).
Amendment 177 #
Proposal for a directive Annex II – paragraph 2 – point a (a) passenger stations, their buildings and other facilities, including travel information display and suitable location for ticketing services, allocated in a non- discriminatory way;
Amendment 178 #
Proposal for a directive Annex II – paragraph 2 – point e (e) maintenance facilities, with the exception of heavy maintenance services supplied in maintenance facilities exclusively dedicated to
Amendment 179 #
Proposal for a directive Annex II – paragraph 2 – point e (e) maintenance facilities
Amendment 180 #
Proposal for a directive Annex II – paragraph 2 – point e (e) maintenance facilities as referred in the concerned definitions in article 3, with the exception of heavy maintenance services supplied in maintenance facilities
Amendment 181 #
Proposal for a directive Annex II – paragraph 2 – point e Amendment 182 #
Proposal for a directive Annex II – paragraph 4 – point e (e) heavy maintenance services supplied in maintenance facilities exclusively dedicated to
Amendment 183 #
Proposal for a directive Annex II – paragraph 4 – point e (e) heavy maintenance services supplied in maintenance facilities
Amendment 184 #
Proposal for a directive Annex VI – title Requirements for costs and charges related to railway infrastructure(referred to in Articles 31(3), 32(1) and 35)
Amendment 185 #
Proposal for a directive Annex VI – point -1 (new) -1. Direct costs of the train service referred to in Article 31(3), which are related to infrastructure wear and tear, shall exclude the following items: (a) Network-wide overhead costs; (b) Interest payable on capital; (c) More than one tenth of costs related to scheduling, train path allocation, traffic management, dispatching and signalling of a train run; (d) Depreciation of information, communication or telecommunication equipment; (e) Costs related to real estate management, in particular acquisition, selling, dismantling, decontamination, recultivation or renting of land or other fixed assets; (f) Schools, Kindergartens; (g) Costs related to act of God, accident, service disruptions. When direct costs exceed, on a network- wide average, 35% of average costs of maintaining, managing and renewing the network calculated on the basis of a train kilometre run, the infrastructure manager shall justify this in detail to the regulatory body. The average costs calculated for this purpose shall exclude cost elements referred to in points (e), (f) or (g).
Amendment 186 #
Proposal for a directive Annex VI a (new) The temporary reduction of the infrastructure charge for ETCS equipped trains, as referred to in Article 32(3) shall be established as follows: For freight transport: For the lines which according to the Commission Decision 2009/561/EC of 22 July 2009 establishing the European deployment plan shall be equipped with ETCS by 2015 or 2020, respectively: - A reduction of 20% until ETCS is operational on the respective line - An increase of 20% from the date as of which ETCS is operational on the respective line for trains which are not equipped with ETCS For passenger transport: For the lines which according to the Commission Decision 2009/561/EC of 22 July 2009 establishing the European deployment plan shall be equipped with ETCS by 2015 or 2020, respectively: - A reduction of 10% onwards until ETCS is operational on the respective line - An increase of 10% from the date as of which ETCS is operational on the respective line for trains which are not equipped with ETCS
source: PE-487.974
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History
(these mark the time of scraping, not the official date of the change)
2015-11-04Show (4) Changes | Timetravel
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PURPOSE: to simplify, clarify and modernise the regulatory framework for Europe's railway sector so as to increase competition, strengthen market supervision and improve conditions for investment in the sector. LEGISLATIVE ACT: Directive 2012/34/EU of the European Parliament and of the Council establishing a single European railway area. CONTENT: the Council adopted a Directive establishing a single European railway area, following the approval by the European Parliament of the compromise reached in the negotiations between the two institutions. The Directive is a recast of the three directives of the 2001 "first railway package" (Directive 2001/12/EC, Directive 2001/12/EC and Directive 2001/13/EC) which launched a gradual opening-up of the railway sector to competition at European level. The new Directive aims to: (i) foster the development of the Union railways; (ii) set out broad principles for granting licences to railway undertakings and (iii) coordinate arrangements in the Member States governing the allocation of railway infrastructure capacity and the charges made for the use thereof. The main elements of the Directive are as follows: Management independence: in order to render railway transport efficient and competitive with other modes of transport, Member States shall ensure that, as regards management, administration and internal control over administrative, economic and accounting matters, railway undertakings directly or indirectly owned or controlled by Member States have independent status in accordance with which they will hold, in particular, assets, budgets and accounts which are separate from those of the State. Separation of accounts: in order to ensure the future development and efficient operation of the railway system, a distinction should be made between the provision of transport services and the operation of infrastructure. It is necessary for these two activities to be managed separately and to have separate accounts. Member States shall ensure that the essential functions determining equitable and non-discriminatory access to infrastructure are entrusted to bodies or firms that do not themselves provide any rail transport services. Financing of the infrastructure manager: financing of rail infrastructure will be improved by longer-term planning, offering more certainty to investors. Member States shall develop their national railway infrastructure by taking into account, where necessary, the general needs of the Union, including the need to cooperate with neighbouring third countries. For that purpose, they shall publish, by 16 December 2014, after consultation with the interested parties, an indicative rail infrastructure development strategy with a view to meeting future mobility needs in terms of maintenance, renewal and development of the infrastructure based on sustainable financing of the railway system. That strategy shall cover a period of at least five years and be renewable. Member States should ensure that infrastructure managers and existing publicly owned or controlled railway transport undertakings are given a sound financial structure, having due regard to Union rules on State aid. Conditions of access to railway infrastructure: competition between railway undertakings will be enhanced by making rail market access conditions more transparent and improving access for operators to rail-related services such as railway stations, freight terminals and maintenance facilities. The Directive provides that railway undertakings shall be granted, under equitable, non-discriminatory and transparent conditions, the right to access to the railway infrastructure in all Member States for the purpose of operating all types of rail freight services. That right shall include access to infrastructure connecting maritime and inland ports and other service facilities, and to infrastructure serving or potentially serving more than one final customer as well as to railway 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 along the international route and set them down at another, including stations located in the same Member State. Member States should have the option of limiting the right of access to the market where that right would compromise the economic equilibrium of those public service contracts and where approval is given by the relevant regulatory body on the basis of an objective economic analysis, following a request from the competent authorities that awarded the public service contract. In order to contribute to the operation of passenger services on lines fulfilling a public service obligation, Member States should be able to authorise the authorities responsible for those services to impose a levy on passenger services which fall within the jurisdiction of those authorities. That levy should contribute to the financing of public service obligations laid down in public service contracts. To ensure transparency and non-discriminatory access to rail infrastructure, and to services in service facilities, for all railway undertakings, all the information required to use access rights should be published in a network statement. Market monitoring: 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 made 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 market opening and harmonisation between Member States, development of employment and the related social conditions in the rail sector. These monitoring activities are without prejudice to similar activities in Member States and to the role of social partners. Granting licences: the procedures for granting, maintaining and amending licences for railway undertakings should be transparent and in accordance with the principle of non-discrimination. In order to ensure dependable and adequate services, it is necessary to ensure that, at all times, railway undertakings meet certain requirements in relation to good repute, financial fitness and professional competence. Charges and costs: the new Directive adapts the charging rules to encourage the modernisation of the infrastructure, including noise reduction. The Commission shall adopt implementing measures setting out the modalities to be followed for the application of the charging for the cost of noise effects. Any such modification of infrastructure charges to take account of the cost of noise effects shall support the retrofitting of wagons with the most economically viable low-noise braking technology available. Charges for the use of railway corridors shall, in principle, be differentiated in order to encourage the introduction of the European Train Control System (ETCS). Railway undertakings and the infrastructure manager shall be provided with incentives to minimise disruption and improve performance of the network. Regulatory body: 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 or private entity. 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. It shall furthermore be functionally independent from any competent authority involved in the award of a public service contract. The regulatory body shall also cooperate closely with the national safety authority within the meaning of Directive 2008/57/EC and the licensing authority within the meaning of this Directive. Member States shall ensure that these authorities jointly develop a framework for information-sharing and cooperation aimed at preventing adverse effects on competition or safety in the railway market. This framework shall include a mechanism for the regulatory body to provide the national safety and licensing authorities with recommendations on issues that may affect competition in the railway market and for the national safety authority to provide the regulatory body and licensing authority with recommendations on issues that may affect safety. The regulatory body shall, regularly and, in any case, at least every two years, consult representatives of users of the rail freight and passenger transport services, to take into account their views on the rail market. The regulatory body shall consider any complaints and, as appropriate, shall ask for relevant information and initiate consultations with all relevant parties, within one month from the receipt of the complaint. It shall have the power to carry out audits or initiate external audits to verify compliance with accounting separation provisions. Cooperation between regulatory bodies: the regulatory bodies shall exchange information about their work and decision-making principles and practice and, in particular, exchange information on the main issues of their procedures and on the problems of interpreting transposed Union railway law. They shall otherwise cooperate for the purpose of coordinating their decision-making across the Union. For this purpose, they shall participate and work together in a network that convenes at regular intervals. Report: by 31 December 2012 at the latest, the Commission shall submit a report on the implementation of measures relating to the development of the Union railways. The Commission shall, if appropriate, propose legislative measures in relation to the opening of the domestic rail passenger market and to develop appropriate conditions to ensure non-discriminatory access to the infrastructure, building on the existing separation requirements between infrastructure management and transport operations, and shall assess the impact of any such measures. ENTRY INTO FORCE: 15/12/2012. TRANSPOSITION: 16/06/2015. The obligations for transposition and implementation of Chapters II and IV of this Directive shall not apply to Cyprus and Malta for as long as no railway system is established within their territory. DELEGATED ACTS: the Commission may adopt delegated acts in respect of the technical amendments to the information to be provided by the undertaking applying for a licence, to the list of classes of delay, to the schedule for the allocation process, and to the accounting information to be supplied to the regulatory bodies. The power to adopt delegated acts shall be conferred on the Commission for a period of five years from 15 December 2012. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification (this period may be extended by two months). If the European Parliament or the Council objects, the delegated act shall not enter into force. New
Corrigendum to Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (Official Journal of the European Union L 343 of 14 December 2012) On page 58, first subparagraph of Article 55(3): for: ‘3. …, where relevant, be appointed under clear and transparent rules which guarantee their independence by the national cabinet or council of ministers or by any other public authority which does not directly exert ownership rights over regulated undertakings.’ read: ‘3. …, where relevant, be appointed, under clear and transparent rules which guarantee their independence, by the national cabinet or council of ministers or by any other public authority which does not directly exert ownership rights over regulated undertakings.’ On page 62, Article 65, first paragraph: for: ‘… repealed with effect from 15 December 2012, …’, read: ‘… repealed with effect from 17 June 2015, …’. |
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