-
COUNCIL OFBrussels, 30 November 2011
THE EUROPEAN UNION
16805/11
Interinstitutional File:
2010/0253 (COD)
CODEC 2003 TRANS 312 PE 475 -
NOTE
from:
General Secretariat
to: Permanent Representatives Committee / Council
Subject: Proposal for a Directive of the European Parliament and of the Council establishing a single European railway area (Recast)
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-Outcome of the European Parliament's first reading (Strasbourg, 14 to 17 November 2011)
I. INTRODUCTION
The Rapporteur, Ms Debora SERRACCHIANI (S&D - IT), presented a report consisting of 133
amendments on behalf of the Committee on Transport and Tourism.
II. DEBATE
The debate, which took place on 14 November 2011, was opened by the rapporteur,
Ms Debora SERRACCHIANI (S&D - IT), who
· stated the importance of a single European railway area. She noted that the railway sector is the
one furthest behind in view of a single market compared to other transport areas. The first
railway package from 2001 is still not functioning fully in all Member States, there are currently
13 infringement procedures pending. Therefore there is a need to have a closer look at some of
the original provisions, which is the aim of the recast proposal.
· called for the strengthening of the role and of the powers of the national regulatory bodies and
the creation of a network of national regulators, as a starting point. In future, a single European
regulator should be envisaged.
· emphasised the need for the total separation of infrastructure management and transport
operations. As rapporteur, she would like to see this happening now, but as this would not find a
majority within the plenary, she supported the approach to ask the Commission to present a
proposal on such a separation not later than 31 December 2012 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.
· noted that the transparent separation of accounts between infrastructure manager and railway
undertakings must be ensured. Public funds allocated to one of the fields of activity should not
be transferred to another field of activity.
· stressed that, in a single European railway area, social rights, safety requirements and labour
· expressed the Commission's support for a large majority of the amendments, subject, in some
cases to certain redrafting.
· stated, however, that some amendments adopted in the Committee on Transport and Tourism
and tabled for the plenary would substantially weaken the Commission's proposal. Among
others:
o all amendments in relation to Article 6 and Article 7 are premature, since the issue of
separation between infrastructure manages and railway undertakings will be subject to
the new proposals at the end of 2012.
o the new provisions on separation of accounts are contrary to the principle of financial
transparency and could be extremely difficult for the regulators to monitor.
o the competence of national regulators must be extended, contrary to the Parliament's
amendments which risk to restrict and impede interventions to correct undesirable
distortions of the market.
o amendments 126 and 127 are problematic as they undermine the direct cost charging
principle and put an unnecessary administrative burden on infrastructure managers.
· stressed that the Commission would need powers to make technical changes which should in
practice not need to be carried out through the codecision procedure.
Speaking on behalf of the EPP political group, Mr Werner KUHN (EPP - DE):
· thanked the rapporteur for her hard work in order to get the dossier moving again.
· stressed the need for a strong and independent regulatory body which would ensure fair
competition and make sure that operators have access to the infrastructure. A decision of the
Speaking on behalf of the S&D political group, Mr Said EL KHADROUI (S&D - BE):
· thanked the rapporteur for her great work and recalled that judgments from the Court of Justice
on certain infringement procedures are expected in 2012, as well as the 4th railway package, in
which a number of issues will be discussed which can not be the subject of the current proposal,
such as the strict separation between infrastructure managers and operators.
· stressed that the difficult issues need to be further studied in order to make sure that the quality
of railway services will stay high and that workers' rights are fully respected when the ojective
of a single European railway market is met.
· stated that greater harmonisation is needed. This can be reached by strengthening the regulatory
bodies and by creating a European regulator.
· asked for guarantees for the financing of the railway infrastructure by the Member States.
Speaking on behalf of the ALDE political group, Mr Ramon TREMOSA I BALCELLS
(ALDE - ES):
· welcomed the fact that the difficult discussions in the Committee have now come to an end and
thanked the rapporteur for her hard work.
· expressed support for taking out of this recast the difficult issue of unbundling, the separation of
infrastructure management and operators, as this area was not covered by the original
Commission proposal but was introduced by the rapporteur and has held up the discussion. The
Commission is now asked to present a new legislative proposal on this issue after an impact
assessment and after full consultation of all stakeholders.
· stated that the main problem of the European single railway area is the lack of openess and the
Speaking on behalf of the Greens/EFA political group, Mr Michael CRAMER (Greens/EFA - DE):
· expressed his support for the work of the rapporteur and stressed the need for opening up the
markets for rail freight, mainly because of ecological reasons. Experince has shown that the
opening of national rail freight markets will lead to an increase in the sector.
· stated that the Commission should have reacted much earlier over the last ten years when the
rules of the first railway package were not properly applied in several Member States.
· spoke in favour of a strong regulatory body which can take decisions within a very short time
and can guarantee the opening of the railway market.
· asked for targeted investment in the infrastructure and recommended avoiding big projects
which will not be finished within a reasonable timeframe. The investment needs to be efficient
and visible.
Speaking on behalf of the ECR political group, Mr Ivo STREJCEK (ECR - CZ):
· spoke in favour of the full and efficient separation of infrastructure managers and transport
operators.
· noted that a compromise on this difficult question needs to be found.
Speaking on behalf of the EUL/NGL political group, Mr Sabine WILS (EUL/NGL - DE):
· spoke in favour of integrated railway undertakings held by the Member States.
· opposed a separation between infrastructure managers and transport operators as this would lead
to a splitting into profitable and non-profitable parts of the former public undertakings.
· noted that social rights and workers' safety need to be protected, in particular the right to strike.
III. VOTE
When it voted in plenary on 16 November 2011, the Parliament adopted the amendments the text of
which is annexed to this note, together with the Parliament's legislative resolution.
ANNEX
(16.11.2011)
Single European railway area ***I
European Parliament legislative resolution of 16 November 2011 on the proposal for a directive of the European Parliament and of the Council establishing a single European railway area (recast) (COM(2010)0475 C7-0268/2010 2010/0253(COD))
(Ordinary legislative procedure recast)
The European Parliament,
having regard to the Commission proposal to Parliament and the Council (COM(2010)0475),
having regard to Article 294(2) and Article 91 of the Treaty on the Functioning of the
European Union, pursuant to which the Commission submitted the proposal to Parliament
(C7-0268/2010),
having regard to Article 14 of the Treaty on the Functioning of the European Union and
Protocol o 26 thereto on Services of General Interest,
having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
having regard to its resolution of 17 June 2010 on the implementation of the first railway
package Directives 1 ,
having regard to the reasoned opinion submitted, within the framework of the Protocol ( o 2)
on the application of the principles of subsidiarity and proportionality, by the Chambre des Députés of Luxembourg, asserting that the draft legislative act does not comply with the principle of subsidiarity,
having regard to the opinion of the European Economic and Social Committee of 16 March
having regard to the report of the Committee on Transport and Tourism (A7-0367/2011),
A. whereas, according to the Consultative Working Party of the legal services of the European
Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance,
1. Adopts its position at first reading hereinafter set out, taking into account the
recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;
2. Calls on the Commission to refer the matter to Parliament again if it intends to amend its
proposal substantially or replace it with another text;
3. Instructs its President to forward its position to the Council, the Commission and the national
parliaments.
Amendment 1
Proposal for a directive Recital 2 a (new)
Text proposed by the Commission Amendment
(2a) The railway sector's share in transport has not been increasing over the last decade, contrary to the objectives of the 2001 railway package, demonstrating the need to further improve current legislation in order to support the sector.
It follows that the present reorganisation is essential.
Amendment 3
Proposal for a directive Recital 2 c (new)
Text proposed by the Commission Amendment
(2c) Investment in the development and upkeep of railway infrastructure remains insufficient to guarantee the sector's development and capacity to compete.
Amendment 4
Proposal for a directive Recital 2 d (new)
Text proposed by the Commission Amendment
(2d) The Directives which comprise the First Railway Package have not prevented a considerable variation in the structure and level of railway infrastructure charges and the form and duration of capacity allocation processes.
Amendment 5
Proposal for a directive Recital 2 e (new)
and requires harmonisation while respecting the specific characteristics of the sector and of the Member States.
Amendment 7
Proposal for a directive Recital 3 b (new)
Text proposed by the Commission Amendment
(3b) 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 8
Proposal for a directive Recital 3 c (new)
Text proposed by the Commission Amendment
(3c) In order to complete the 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.
of this Directive. railways running on their own track should also be exempt from the scope of the Directive.
Amendment 10
Proposal for a directive
Recital 6
Text proposed by the Commission Amendment
(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. (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 11
Proposal for a directive Recital 6 a (new)
Text proposed by the Commission Amendment
(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 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.
Text proposed by the Commission Amendment
(6b) 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.
Amendment 13
Proposal for a directive Recital 6 c (new)
Text proposed by the Commission Amendment
(6c) 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 related thereto, 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 15
Proposal for a directive Recital 10 b (new)
Text proposed by the Commission Amendment
(10b) 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 16
Proposal for a directive
Recital 11
Text proposed by the Commission Amendment
(11) An efficient freight sector, especially across borders, requires action to open up
the market . (11) An efficient passenger and freight sector, especially across borders and in particular in instances where different track gauges still constitute a physical barrier to competition , requires urgent action to open up the markets in the individual Member States and generate competitiveness .
Amendment 17
Proposal for a directive Recital 14
of the service should be taken into account. The assessment of the service's principal purpose should be carried out by the respective national regulatory body at the request of an interested party. purpose should be carried out by the respective national regulatory body at the request of an interested party.
Amendment 18
Proposal for a directive Recital 15 a (new)
Text proposed by the Commission Amendment
(15a) Regulation (EC) o 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 an undertaking.
Amendment 19
Proposal for a directive
Recital 16
Text proposed by the Commission Amendment
(16) Opening up international passenger services to competition may have implications for the organisation and financing of rail passenger services provided under a public service contract. Member States should have the option of limiting the right of access to the market where this right would compromise the economic equilibrium of these public service contracts and where approval is given by the relevant regulatory body referred to in Article 55 of this Directive on the basis of an objective economic analysis, following a request from the competent authorities that awarded the public service contract. (16) Opening up international passenger services to competition may have implications for the organisation and financing of rail passenger services provided under a public service contract. Member States should have the option of limiting the right of access to the market where this right would compromise the economic equilibrium of these public service contracts and where approval is given by the relevant regulatory body
referred to in Article 55 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.
Proposal for a directive Recital 18 a (new)
Text proposed by the Commission Amendment
(18a) Market developments have shown that a crucial concern is to strengthen the role of the regulatory bodies. If they are to play a key role in ensuring a fair environment with equitable access conditions, they need to receive the financial means as well as appropriate staffing and logistic equipment to fulfil this role.
Amendment 21
Proposal for a directive Recital 18 b (new)
Draft legislative resolution Amendment
(18b) 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.
international service and, where appropriate, the potential economic impact on existing public service contracts.
Amendment 23
Proposal for a directive Recital 19 a (new)
Text proposed by the Commission Amendment
(19a) The national regulatory 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. 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 should 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 Commission. Furthermore the national regulatory body should maintain a database of their draft decisions accessible to the Commission.
compromised. They should progressively
develop at European level common
guidelines based on their experience.
Based on the experience of that network of regulatory bodies the Commission should come forward with a legislative proposal for the setting up of a European regulatory body.
Amendment 26
Proposal for a directive
Recital 22
Text proposed by the Commission Amendment
(22) In order to ensure fair competition between railway undertakings, a distinction should be made between the provision of transport services and the operation of service facilities. Given this situation, it is necessary for these two types of activity to be managed independently in distinct legal entities. Such independence need not imply the establishment of separate body or firm for each service facility . (22) In order to ensure fair competition between railway undertakings, the provision of transport services and the operation of service facilities should be managed in a transparent and non- discriminatory manner. The regulatory body should ensure that this management is transparent and non-discriminatory in accordance with the procedures laid down in this Directive .
Amendment 138
Proposal for a directive Recital 22 a (new)
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. 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 28
Proposal for a directive
Recital 24
Text proposed by the Commission Amendment
(24) For the protection of customers and third parties concerned it is important to ensure that railway undertakings are sufficiently insured against liability. (24) For the protection of customers and third parties concerned it is essential 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 State aid and does not contain elements of discrimination against other railway undertakings.
Amendments 29 and 30
Proposal for a directive
Recital 25
Text proposed by the Commission Amendment
Text proposed by the Commission Amendment
(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) o 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European Railway Agency
1 , to investigate
whether the European Railway Agency's remit can be expanded in this regard.
_______________
1 OJ L 164, 30.4.2004, p. 1.
Amendment 32
Proposal for a directive
Recital 27
Text proposed by the Commission Amendment
(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. (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.
decisions.
Amendment 34
Proposal for a directive Recital 40 a (new)
Text proposed by the Commission Amendment
(40a) 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 35
Proposal for a directive
Recital 50
Text proposed by the Commission Amendment
(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. (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.
attractive. economically attractive and environmentally sustainable .
Amendment 37
Proposal for a directive Recital 58 a (new)
Text proposed by the Commission Amendment
(58a) With the aim of increasing the proportion of goods and passenger traffic carried by rail in relation to other modes of transport, it is desirable that, when internalising external costs, Member States should ensure that the differentiated levies do not have any adverse impact on the financial equilibrium of the infrastructure manager. If the infrastructure manager were nonetheless to suffer a loss due to this differentiation, it is advisable that Member States should adjust this difference, with due regard to the rules on State aid.
Amendment 38
Proposal for a directive
Recital 59
Text proposed by the Commission Amendment
Amendment 40
Proposal for a directive
Recital 62
Text proposed by the Commission Amendment
(62) The allocation of capacity is associated with a cost to the infrastructure manager, payment for which should be
required. deleted
Amendment 41
Proposal for a directive
Recital 63
Text proposed by the Commission Amendment
(63) The efficient management and fair and non-discriminatory use of rail infrastructure require the establishment of
a regulatory body that oversees the application of the rules set out in this
Directive and acts as an appeal body, notwithstanding the possibility of judicial review. (63) The efficient management and fair and non-discriminatory use of rail infrastructure require the establishment of
national regulatory bodies that oversee the application of the rules set out in this
Directive and act as an appeal body, notwithstanding the possibility of judicial review.
Amendment 42
Proposal for a directive Recital 65
performance scheme, the criteria to be followed for the requirements with regard to applicants for infrastructure, the schedule for the allocation process, the regulatory accounts and common principles and practices for making decisions developed by regulatory bodies.
It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 43
Proposal for a directive
Recital 66
Text proposed by the Commission Amendment
(66) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission. (66) In order to ensure uniform conditions for the implementation of this Directive implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) o 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers
of 11 June 2010 and further to the implementation of Directive 2001/12, the Commission should present a legislative proposal on the separation of the infrastructure manager and the operator by the end of 2012. As the railway sector is not fully opened until now, the Commission should present a legislative proposal on the market opening by that date.
Amendments 134 and 135
Proposal for a directive Article 2 - paragraph 2 a (new)
Text proposed by the Commission Amendment
2a. Member States may exclude the following from the application of Articles 6, 7, 8 and 13 and Chapter IV:
- 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 o 661/2010/EU of the European Parliament and of the Council of 7 July 2010 on Union guidelines for the development of the trans-European transport network.
for international train paths to be established in cooperation with infrastructure managers from third countries on a network whose track gauge is different from the main rail network within the Union.
Amendment 46
Proposal for a directive Article 2 paragraph 3 a (new)
Text proposed by the Commission Amendment
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 47
Proposal for a directive Article 3 point 2
Text proposed by the Commission Amendment
(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 ; (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, in compliance with applicable
safety rules; the essential functions of the infrastructure manager 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 ;
Text proposed by the Commission Amendment
(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 points 1 and 2;
Amendment 49
Proposal for a directive Article 3 point 3
Text proposed by the Commission Amendment
(3) `railway infrastructure' means all the
items listed in Annex I.A to Commission Regulation (EEC) o 2598/70 of 18 December 1970 specifying the items to be included under the various headings in the forms of accounts shown in Annex I to Regulation (EEC) o 1108/70 of 4 June 1970 which for reasons of clarity are included in Annex I to this Directive; (3) `railway infrastructure' means all the items listed in Annex I to this Directive;
Amendment 50
Proposal for a directive Article 3 point 7
adequately protected.
Amendment 52
Proposal for a directive Article 4 paragraph 2 b (new)
Text proposed by the Commission Amendment
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 staff policies.
Amendment 53
Proposal for a directive
Article 6
Text proposed by the Commission Amendment
Article 6 Article 6
Separation of accounts Transparent separation of accounts
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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. 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.
of rail freight transport services and, on the other, for activities relating to the provision of passenger transport services. Public funds paid for activities relating to the provision of transport services as public- service remits must be shown separately for each public service contract in the relevant accounts and shall not be transferred to activities relating to the provision of other transport services or any
other business. of rail freight transport services and, on the other, for activities relating to the provision of passenger transport services. Public funds paid for activities relating to the provision of transport services as public- service remits must be shown separately for each public service contract in the relevant accounts and shall not be transferred to activities relating to the provision of other transport services or any other business.
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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 paid to one area of activity to another . 4. In order to ensure full transparency of infrastructure costs, the accounts for the different areas of activity referred to in paragraphs 1 and 3 shall be kept in a way
that allows monitoring of compliance with the previous paragraphs and monitoring of the use of income from infrastructure charges, surpluses from other commercial activities of and public and private funding paid to the infrastructure manager. The revenues of the infrastructure manager shall in no way be used by a railway undertaking or a body or firm controlling a railway undertaking as this may strengthen its market position or enable it to gain economic advantages over other railway undertakings. This provision shall not prevent, under the supervision of the regulatory body as referred to in Article 55, reimbursement, including interest payment under market conditions, of the capital employed made available by the body or firm controlling the railway undertaking to the infrastructure manager.
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. defined by Art 3 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 between railway undertakings and infrastructure managers is essential.
Annex II may be amended in the light of experience, in accordance with the procedure referred to in Article 60.
Member States may, however, assign to railway undertakings or any other body the responsibility for contributing to the development of the railway infrastructure, for example through investment, maintenance and funding. Member States may, however, assign to railway undertakings or any other body the responsibility for contributing to the development of the railway infrastructure, for example through investment, maintenance and funding.
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2.Where the infrastructure manager, in its legal form, organisation or decision- making functions, is not independent of any railway undertaking, the functions described in Sections 3 and 4 of Chapter IV shall be performed respectively by a charging body and by an allocation body that are independent in their legal form, organisation and decision-making from any
railway undertaking. 2. Where the infrastructure manager, in its legal form, organisation or decision- making functions, is not independent of any railway undertaking, the functions described in Sections 2 and 3 of Chapter IV shall be performed respectively by a charging body and by an allocation body that are independent in their legal form, organisation and decision-making from any railway undertaking.
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3.When the provisions of Chapter IV, Sections 2 and 3 refer to essential functions of an infrastructure manager, they shall be understood as applying to the charging body or the allocation body for their respective competencies. 3. When the provisions of Chapter IV, Sections 2 and 3 refer to essential functions of an infrastructure manager, they shall be understood as applying to the charging body or the allocation body for their respective competencies.
Proposal for a directive
Article 8
Text proposed by the Commission Amendment
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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 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. 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 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.
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2.Having due regard to Articles 93, 107 and 108 of the Treaty, Member States may 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. 2. Whenever revenues are not sufficient to cover the financing needs of the infrastructure manager, without prejudice to the charging framework of Articles 31 and 32 of this Directive, and having due regard to Articles 93, 107 and 108 of the
Treaty, 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.
applicants are consulted before the
business plan is approved. The regulatory body referred to in Article 55 shall issue a non-binding opinion on whether the
business plan is appropriate to achieve these objectives . 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 . The regulatory body referred to in Article 55 shall issue a non-binding opinion on
whether the business plan discriminates between applicants .
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4.Member States shall ensure that, under
normal business conditions and over a period of no more than three years , the accounts of an infrastructure manager shall at least balance income from infrastructure charges, surpluses from other commercial activities and State funding on the one hand, and infrastructure expenditure on the
other, including advance payments from the State , where appropriate. 4. Member States shall ensure that, under normal business conditions, the accounts of
the infrastructure manager shall over a period of no more than two years at least balance income from infrastructure charges, surpluses from other commercial
activities, non refundable grants from private sources and State funding, including advance payments from the State where appropriate , on the one hand, and infrastructure expenditure on the other,
including sustainable financing of long- term asset renewals, where appropriate.
Without prejudice to the possible long-term aim of user cover of infrastructure costs for all modes of transport on the basis of fair, non-discriminatory competition between the various modes, where rail transport is able to compete with other modes of transport, within the charging framework of Articles 31 and 32, a Member State may require the infrastructure manager to balance his accounts without State funding. Without prejudice to the possible long-term aim of user cover of infrastructure costs for all modes of transport on the basis of fair, non-discriminatory competition between the various modes, where rail transport is able to compete with other modes of transport, within the charging framework of Articles 31 and 32, a Member State may require the infrastructure manager to balance his accounts without State funding
Proposal for a directive Article 10 paragraph 2 subparagraph 3 a (new)
Text proposed by the Commission Amendment
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 58
Proposal for a directive Article 10 paragraph 2 subparagraph 4
Text proposed by the Commission Amendment
The Commission may adopt implementing measures setting out the details of the procedure and criteria to be followed for the application of this paragraph. Those measures, designed to ensure the implementation of this Directive under uniform conditions, shall be adopted as implementing acts in accordance with Article 63(3). The Commission shall adopt, on the basis of the experience gained by the regulatory bodies, by 18 months after the entry into force of this Directive implementing measures setting out the details of the procedure and criteria to be followed for the application of this paragraph. Those measures, designed to ensure the implementation of this Directive under uniform conditions, shall be adopted as implementing acts in accordance with the examination procedure referred to in
as appropriate, and shall inform the relevant parties of its reasoned decision
within a pre-determined, reasonable time, and, in any case, within two months of
receipt of all relevant information . as appropriate, and shall inform the relevant parties of its reasoned decision
within one month from the receipt of the complaint.
Amendment 60
Proposal for a directive Article 11 paragraph 4
Text proposed by the Commission Amendment
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4.The Commission may adopt implementing measures setting out the details of the procedure and criteria to be followed for the application of paragraphs 1, 2 and 3 of this Article. Those measures, designed to ensure the implementation of this Directive under uniform conditions shall be adopted as implementing acts in accordance with Article 63(3). 4. The Commission shall adopt, on the basis of the experience gained by the regulatory bodies, by 18 months after the entry into force of this Directive implementing measures setting out the details of the procedure and criteria to be followed for the application of paragraphs 1, 2 and 3 of this Article. Those measures, designed to ensure the implementation of this Directive under uniform conditions shall be adopted as implementing acts in
accordance with the examination procedure referred to in Article 63(3).
Amendment 61
Proposal for a directive Article 12 paragraph 4 subparagraph 1 a (new)
-
1.Railway undertakings shall , on a non- discriminatory basis, be entitled to the minimum access package laid down in
Annex III, point 1. 1. Infrastructure managers shall supply to all railway undertakings, on a non- discriminatory basis, the minimum access package laid down in Annex III, point 1.
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2.The services referred to in Annex III,
point 2, shall be supplied by all operators of service facilities in a non-discriminatory
manner. 2. 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 under the supervision of the regulatory body as provided under Article 56.
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
that it is independent, in legal, organisational and decision-making terms, of this body or firm Where the operator of a service facility referred to in Annex III, point 2 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 that it is independent, in organisational and decision-making terms, of this body or
firm. The operator of a service facility and this body or firm shall have separate accounts, including separate balance sheets and profit and loss accounts.
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 . 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. 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. The refusal shall not oblige the operator of the facility to make investments in resources or facilities in order to accommodate all requests from railway undertakings.
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. 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 by an applicant take appropriate action, bearing in mind the needs of all stakeholders concerned, 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 belongs. However newly built maintenance and other technical facilities developed for new high-
speed rolling stock, referred to in Commission Decision 2008/232/EC of 21 February 2008 concerning a technical specification for interoperability relating to the rolling stock sub-system of the trans-European high-speed rail system
1 ,
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 two consecutive years its owner shall publicise the operation of the facility as being for lease or rent. 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.
procedure referred to in Article 60. -
_____________ -
1 OJ L 84, 26.3.2008, p. 132.
Amendment 63
Proposal for a directive Article 14 paragraph 1 subparagraph 1
Text proposed by the Commission Amendment
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1.Any provisions contained in cross- border agreements between Member States which discriminate between railway undertakings, or which restrict the freedom of railway undertakings to operate cross-
border services are hereby superseded . 1. Member States shall ensure that the cross-border agreements they conclude do not discriminate against certain railway undertakings or constitute restrictions on the freedom of railway undertakings to operate cross-border services.
Amendment 64
Proposal for a directive Article 14 paragraph 2 subparagraph 2
Text proposed by the Commission Amendment
The Commission may adopt implementing
measures setting out the details of the
procedure to be followed for the application of this paragraph . Those measures, designed to ensure the implementation of this Directive under uniform conditions shall be adopted as implementing acts in accordance with
Article 63(3) . The Commission may adopt implementing
measures specifying the procedural modalities of the cooperation procedure referred to in the previous subparagraph . Those implementing measures, designed to ensure the implementation of this Directive under uniform conditions shall be adopted as implementing acts in accordance with
the advisory procedure referred to in Article 64(2).
market developments in European rail transport. and market developments, including employment development, as well as compliance with relevant Union legislation in European rail transport.
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2.In this context, the Commission shall closely involve representatives of the Member States 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. 2. In this context, the Commission shall closely involve representatives of the
Member States, including representatives of the regulatory bodies referred to in Article 55 , and of the sectors concerned in
its work, including local and regional authorities concerned, the railways sector's social partners and 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. The Commission shall also involve the European Railway Agency where appropriate.
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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 between Member
States . It shall ensure active cooperation between the appropriate regulatory bodies in the Member States. 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, 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.
(d) the utilisation of access rights; (d) the utilisation of access rights;
(e) barriers to more effective rail services; (e) barriers to more effective rail services;
(f) infrastructure limitations; (f) infrastructure limitations;
(g) the need for legislation. (g) the need for legislation.
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5.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. 5. For the purposes of the Commission's market monitoring, Member States shall supply on an annual basis the following information and as indicated in Annex IV, as well as all other necessary data requested by the Commission:
(a) the evolution of rail transport performance and compensation for Public Service Obligations (PSO);
(b) the degree of market opening and fair competition in each Member State; and the modal share of railway undertakings in total transport performance;
(c) the resources and activities of regulatory bodies dedicated to their function as appeal bodies;
(d) the relevant developments as regards restructuring of the incumbent railway undertaking and adoption/implementation of national transport strategies over the previous year;
(e) the important training initiatives/measures in the field of railway transport taken in a Member State during the previous year; -
the competent national authority;
(l) the status of ERTMS deployment;
(m) the number of incidents, accidents and serious accidents as defined by Directive 2004/49/EC which occurred on the network during the previous year;
(n) other relevant developments;
(o) the development of the maintenance markets and the degree of opening of the market for maintenance services.
Annex IV may be amended in the light of experience in accordance with the
procedure referred to in Article 60 . Annex IV may be amended in the light of
experience in order to update the information needed for the rail market monitoring in accordance with the procedure referred to in Article 60a.
Amendment 66
Proposal for a directive Article 17 paragraph 5
Text proposed by the Commission Amendment
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5.The Commission may adopt implementing measures setting out the details of the procedure to be followed for the application of this Article including the use of a common template for the licence. Those measures, designed to ensure the implementation of this Directive under uniform conditions shall be adopted as implementing acts in accordance with
Article 63(3) . 5. The Commission shall adopt implementing measures specifying the procedural modalities to be followed for the issuing of licences and setting up of a common template for the licence in accordance with the requirements set out in Section 2. Those implementing measures, designed to ensure the implementation of this Directive under uniform conditions shall be adopted as implementing acts in accordance with the advisory procedure referred to in Article 64(2).
legislation, and customs law obligations in the case of a company seeking to operate cross-border freight transport subject to customs procedures. and customs law obligations in the case of a company seeking to operate cross-border freight transport subject to customs procedures.
Amendment 68
Proposal for a directive Article 20 paragraph 1
Text proposed by the Commission Amendment
The requirements relating to financial fitness shall be met when an applicant railway undertaking can demonstrate that it will be able to meet its actual and potential obligations, established under realistic assumptions, for a period of twelve months. The requirements relating to financial fitness shall be met when an applicant railway undertaking can demonstrate that it will be able to meet its actual and potential obligations, established under realistic assumptions, for a period of twelve
months. 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.
Amendment 69
Proposal for a directive Article 20 paragraph 2
Text proposed by the Commission Amendment
(f) taxes and social security contributions.
Amendment 70
Proposal for a directive Article 20 paragraph 2 a (new)
Text proposed by the Commission Amendment
The licensing authority shall not consider an applicant financially fit if considerable arrears of taxes or social security are owed as a result of the undertaking's activity.
Amendment 71
Proposal for a directive Article 20 paragraph 2 b (new)
Text proposed by the Commission Amendment
The authority may in particular require the submission of an audit report and suitable documents from a bank, public savings bank, accountant or auditor. Those documents must include information concerning the matters referred to points (a) to (f) of paragraph 2 of this Article.
Amendment 73
Proposal for a directive
Article 21
Text proposed by the Commission Amendment
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 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.
Amendment 140
Proposal for a directive
Article 22
Text proposed by the Commission Amendment
Without prejudice to Chapter III of Regulation (EC) No 1371/2007 of the European Parliament and of the CouncilWithout 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, or have adequate 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. 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.
16,
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.
Amendment 75
Proposal for a directive Article 27 paragraph 1
Text proposed by the Commission Amendment
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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 through the web portal of the European Railway Agency. 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, one of which shall be English . The content of the network statement shall be made available free of charge in electronic format through the web portal of the European Railway Agency.
Amendment 76
Proposal for a directive Article 27 paragraph 2
Text proposed by the Commission Amendment
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2.The network statement shall set out the nature of the infrastructure which is available to railway undertakings. It shall contain information setting out the conditions for access to the relevant railway infrastructure and to service
facilities. The content of the network statement is laid down in Annex VI . 2. The network statement shall set out the nature of the infrastructure which is available to railway undertakings. It shall
contain the following information setting out the conditions for access to the relevant railway infrastructure and to service
provision of services, and information on technical access conditions for inclusion in the network statement.
(d) A section on information relating to the application for a licence referred to in Article 25 and rail safety certificates issued in accordance with Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community's railways
1 .
(e) A section on information about procedures for dispute resolution and appeal relating to matters of access to rail infrastructure and services and to the performance scheme referred to in Article
35.
(f) A section on information on access to and charging for service facilities referred
to in Annex III.
(g) A model agreement for the conclusion of framework agreements between an infrastructure manager and an applicant in accordance with Article 42. -
The information in the network statement shall be annually updated and consistent with or refer to the rail infrastructure registers to be published in accordance with Article 35 of Directive 2008/57/EC. Infrastructure that is not appropriately maintained and its quality declining shall be reported in a timely manner to users;
Text proposed by the Commission Amendment
Without prejudice to the management independence laid down in Article 4 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.
Amendment 77
Proposal for a directive Article 29 paragraph 2 subparagraph 2
Text proposed by the Commission Amendment
Member States shall ensure that representatives of infrastructure managers whose charging decisions have an impact on other infrastructures associate to coordinate the charging or to charge for the use of relevant infrastructure at international level. Member States shall ensure that representatives of infrastructure managers whose charging decisions have an impact on other infrastructures associate to jointly
coordinate the charging or to charge for the use of relevant infrastructure at international level.
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. paragraph 1 is implemented through a contractual agreement between the competent authority and the infrastructure manager covering a period of not less than
seven years which provides for State
funding.
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3.The terms of the contract and the structure of the payments agreed to provide funding to the infrastructure manager shall be agreed in advance to cover the whole of the contractual period. 3. The terms of the contract and the structure of the payments agreed to provide funding to the infrastructure manager shall be agreed in advance to cover the whole of
the contractual period.
Basic principles and parameters of such agreements are set out in Annex VII which may be amended in the light of experience in accordance with the procedure referred to in Article 60. Basic principles and parameters of such agreements are set out in Annex VII.
Member States shall consult interested parties at least one month before the agreement is signed and publish it within one month of concluding it. Member States shall consult interested parties at least one month before the agreement is signed and publish it within one month of concluding it.
The infrastructure manager shall ensure that its business plan is consistent with the provisions of the contractual agreement. The infrastructure manager shall ensure that its business plan is consistent with the provisions of the contractual agreement.
The regulatory body referred to in Article 55 shall assess the appropriateness of the envisaged medium to long-term income of the infrastructure manager for meeting the agreed performance targets and shall make relevant recommendations, at least one month before the agreement is signed.
States may require prior approval. This method shall be updated from time to time to match the best international practice. States may require prior approval. This method shall be updated from time to time to match the best international practice.
Amendment 79
Proposal for a directive
Article 31
Text proposed by the Commission Amendment
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1.Charges for the use of railway infrastructure and of service facilities shall be paid to the infrastructure manager and to the service facility operator respectively and used to fund their business. 1. Charges for the use of railway infrastructure and of service facilities shall be paid to the infrastructure manager and to the service facility operator respectively and used to fund their business.
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2.Member States shall require the infrastructure manager and the service facility operator to provide the regulatory body with all necessary information on the charges imposed. The infrastructure manager and the service facility operator must, in this regard, be able to demonstrate to each railway undertaking that infrastructure and service charges actually invoiced to the railway undertaking pursuant to Articles 30 to 37, comply with the methodology, rules, and, where applicable, scales laid down in the network statement. 2. Member States shall require the infrastructure manager and the service facility operator to provide the regulatory body with all necessary information on the charges imposed. The infrastructure manager and the service facility operator must, in this regard, be able to demonstrate to each railway undertaking that infrastructure and service charges actually invoiced to the railway undertaking pursuant to Articles 30 to 37, comply with the methodology, rules, and, where applicable, scales laid down in the network
charges shall be modified to take account of the cost of noise effects caused by the operation of the train in accordance with Annex VIII, point 2. accordance with Annex VIII, point 2. 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. The rules for European co-funding shall be modified so as to allow for the co-funding for retrofitting rolling stock to reduce noise emissions as it is already the case for ERTMS.
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. Annex VIII, point 2 may be amended in the light of experience, in accordance with the
procedure referred to in Article 60a , in particular to specify the elements of differentiated infrastructure charges
provided that this does not lead to a distortion of competition within the rail transport sector or with road transport to the detriment of rail transport.
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 emitted as a result of operating the train service, shall be differentiated according to the magnitude of the effect caused. 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 emitted as a result of operating the train service, shall be differentiated according to the magnitude of the effect
Member States to decide how the revenue is to be used. 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. 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.
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6.To avoid undesirable disproportionate fluctuations, the charges referred to in paragraphs 3, 4 and 5 may be averaged over a reasonable spread of train services and times. Nevertheless, the relative magnitudes of the infrastructure charge shall be related to the costs attributable to the services. 6. To avoid undesirable disproportionate fluctuations, the charges referred to in paragraphs 3, 4 and 5 may be averaged over a reasonable spread of train services and times. Nevertheless, the relative magnitudes of the infrastructure charge shall be related to the costs attributable to the services.
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7.The supply of services referred to in Annex III, point 2, shall not be covered by this Article. In any event, the charge imposed for such services shall not exceed the cost of providing it, plus a reasonable profit. 7. The supply of services referred to in Annex III, point 2, shall not be covered by this Article. In any event, the charge imposed for such services shall not exceed the cost of providing it, plus a reasonable profit.
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8.Where services listed in Annex III, points 3 and 4, as additional and ancillary services are offered by only one supplier the charge imposed for such a service shall not exceed the cost of providing it, plus a reasonable profit. 8. Where services listed in Annex III, points 3 and 4, as additional and ancillary services are offered by only one supplier the charge imposed for such a service shall not exceed the cost of providing it, plus a reasonable profit.
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9.Charges may be levied for capacity used for the purpose of infrastructure maintenance. Such charges shall not exceed the net revenue loss to the infrastructure manager caused by the maintenance. 9. Charges may be levied for capacity used for the purpose of infrastructure maintenance. Such charges shall not exceed the net revenue loss to the infrastructure manager caused by the maintenance.
Amendment 80
Proposal for a directive
Article 32
Text proposed by the Commission Amendment
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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 freight . The charging system shall respect the productivity increases achieved by railway undertakings. 1. In order to obtain full recovery of the costs incurred by the infrastructure
manager a Member State may authorise the infrastructure manager , if the market can bear this, to levy mark-ups on the basis of efficient, transparent and non- discriminatory principles, while guaranteeing optimal competitiveness of the railway sector. 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. 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, a Member State shall ensure that the infrastructure manager evaluates their relevance for specific market segments. 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.
shall be reviewed at least every five years.
These market segments shall be established
in accordance with the criteria laid down in Annex VIII, point 3 subject to the prior approval of the regulatory body. For market segments for which there is no traffic, mark-ups shall not be included in the charging system. Additional market segments shall be established in accordance with the procedure laid down in Annex VIII, point
3.
Annex VIII, point 3 may be amended in the light of experience in accordance with the procedure referred to in Article 60.
1a. For the carriage of goods from and to third countries operated 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 cost recovery of the costs incurred
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2.For specific future investment projects, or specific investment projects that have been completed after 1988, the infrastructure manager may set or continue to set higher charges on the basis of the long-term costs of such projects if they increase efficiency or cost-effectiveness or both and could not otherwise be or have been undertaken. Such a charging arrangement may also incorporate agreements on the sharing of the risk associated with new investments. 2. For specific future investment projects, or specific investment projects that have been completed after 1988, the infrastructure manager may set or continue to set higher charges on the basis of the long-term costs of such projects if they increase efficiency or cost-effectiveness or both and could not otherwise be or have been undertaken. Such a charging arrangement may also incorporate agreements on the sharing of the risk associated with new investments.
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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 in accordance with Annex VIII, point 5. 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 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.
manager's average and marginal charges for equivalent uses of its infrastructure are comparable and that comparable services in the same market segment are subject to the same charges. The infrastructure manager shall show in the network statement that the charging system meets these requirements in so far as this can be done without disclosing confidential business information. manager's average and marginal charges for equivalent uses of its infrastructure are comparable and that comparable services in the same market segment are subject to the same charges. The infrastructure manager shall show in the network statement that the charging system meets these requirements in so far as this can be done without disclosing confidential
business information.
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5.If an infrastructure manager intends to modify the essential elements of the charging system referred to in paragraph 1, it shall make them public at least three months in advance of the deadline for the publication of the network statement according to Article 27(4). 5. If an infrastructure manager intends to modify the essential elements of the charging system referred to in paragraph 1, it shall make them public at least three months in advance of the deadline for the publication of the network statement
according to Article 27(4).
Member States may decide to publish the charging framework and charging rules applicable specifically to international freight services from and to third countries operated on a network whose track gauge is different from the main rail network within the Union with different instruments and deadlines than those provided under Article 29(1) when this is required to ensure fair competition.
Amendment 81
Proposal for a directive Article 35 paragraph 2 subparagraph 1
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runs and to all train runs of a railway undertaking in a given period of time;
(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;
(c) Without prejudice to the existing appeal procedures and to the provisions of Article 50, in case of disputes relating to the performance scheme, a dispute resolution system shall be made available in order to settle such matters promptly. If this system is applied, a decision shall be reached within a time limit of 10 working
days.
(d) Once a year, the infrastructure manager shall publish the annual average level of service quality achieved by the railway undertakings on the basis of the main parameters agreed in the performance scheme.
Amendment 82
Proposal for a directive Article 35 paragraph 2 subparagraph 2
Text proposed by the Commission Amendment
capacity. If there is more than one applicant for a train path to be allocated under the annual timetable exercise, a reservation charge shall be levied. capacity. If two or more applicants request
overlapping train paths to be allocated under the annual timetable exercise, a reservation charge shall be levied on the applicant to which the entire train path or a part of it was allocated but not used .
Amendment 85
Proposal for a directive Article 40 paragraph 1 subparagraph 2
Text proposed by the Commission Amendment
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. Appropriate representatives of infrastructure managers from third countries may be associated with these procedures. 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. 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.
their regulatory supervision in accordance with the provisions of Article 56. Article 56.
Amendment 84
Proposal for a directive Article 41 paragraph 1
Text proposed by the Commission Amendment
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1.Requests for infrastructure capacity may
be made by applicants within the meaning of this Directive. 1. Requests for infrastructure capacity may
be made by applicants. In order to use
such infrastructure capacity applicants
shall appoint a railway undertaking to
conclude an agreement with the
infrastructure manager in accordance
with Article 28.
Amendment 87
Proposal for a directive Article 41 paragraph 3
Text proposed by the Commission Amendment
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3.The Commission may adopt implementing measures setting out the details of the criteria to be followed for the application of paragraph 2. Those measures, designed to ensure the implementation of this Directive under uniform conditions shall be adopted as implementing acts in accordance with
Article 63(3). 3. The details of the criteria to be followed for the application of paragraph 2 may be amended in the light of experience in accordance with the procedure referred to in Article 60a.
draft working timetable. Adjustments shall only be made if absolutely necessary. draft working timetable. Adjustments shall only be made if absolutely necessary and must be duly justified .
Amendment 89
Proposal for a directive Article 47 paragraph 4 subparagraph 2
Text proposed by the Commission Amendment
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, Member States may take any measures necessary, under non-discriminatory conditions, to ensure that such services are given priority when infrastructure capacity is allocated. 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 90
Proposal for a directive Article 47 paragraph 5
Text proposed by the Commission Amendment
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5.The importance of freight services and in particular international freight services shall be given adequate consideration in
determining priority criteria. 5. Priority criteria shall include freight services and in particular international freight services .
Proposal for a directive Article 51 paragraph 2 subparagraph 4 a (new)
Text proposed by the Commission Amendment
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 93
Proposal for a directive Article 53 paragraph 3
Text proposed by the Commission Amendment
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3.The infrastructure manager shall inform
in due time interested parties about unscheduled maintenance work. 3. The infrastructure manager shall inform interested parties about unscheduled
maintenance work at least one week prior
to it commencing .
Amendment 94
Proposal for a directive Article 54 paragraph 1 a (new)
Text proposed by the Commission Amendment
the applicant concerned does not give its approval for such cancellation. In such a case the infrastructure manager concerned shall make an effort to propose to the applicant a train path of an equivalent quality and reliability which the applicant has the right to accept or refuse. If the applicant refuses, he shall be entitled at least to reimbursement of the corresponding charge.
Amendment 96
Proposal for a directive
Article 55
Text proposed by the Commission Amendment
Regulatory body ational regulatory bodies
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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. 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 organisational capacity in terms of human and material resources, which shall be adequate for the level of activity of the rail sector of the Member State, such as the volume of traffic, and for the size of the network, in order to carry out the tasks assigned to it by Article 56.
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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 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. 3. 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. They shall be selected from among persons who have knowledge of and experience in the regulation of the railway sector, or knowledge of and experience in the regulation of other sectors, and preferably 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 at least two years or any longer period defined in accordance with the national law before their appointment, and during their term of
office. They shall explicitly state this by an appropriate declaration of interests.
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 two years or any longer period defined in accordance with the national law. They shall have full authority over the recruitment and management of the staff of the regulatory
body. They must act entirely independently and may under no circumstances be influenced by instructions from a government or a private or public undertaking.
particular against decisions adopted by the infrastructure manager or where appropriate the railway undertaking or the operator of a service facility concerning: particular against decisions adopted by the infrastructure manager or where appropriate the railway undertaking or the operator of a service facility concerning
(a) the network statement; (a) the network statement;
(b) the criteria set out in it; (b) the criteria set out in it;
(c) the allocation process and its result; (c) the allocation process and its result;
(d) the charging scheme; (d) the charging scheme;
(e) the level or structure of infrastructure charges which it is, or may be, required to pay; (e) the level or structure of infrastructure charges which it is, or may be, required to pay;
(f) arrangements for access in accordance with Articles 10, 11 and 12; (f) arrangements for access in accordance with Articles 10, 11 and 12;
(g) access to and charging for services in accordance with Article 13; (g) access to and charging for services in accordance with Article 13;
(ga) licensing decisions, in cases where the regulatory body is not also the body issuing licences in accordance with Article 16.
1a. The regulatory body shall be required to take a decision on any complaints to remedy the situation within a maximum period of one month from the receipt of the complaint and take action on its own initiative. 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.
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 organisational capacity to carry out these
tasks. and to review points (a) to (ga) of paragraph 1 on its own initiative and with a view to preventing discrimination between
applicants, including through appropriate corrective measures . 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. To this end, the regulatory body shall also cooperate closely with the national safety authority responsible for assessing the conformity or suitability for use of interoperability constituents or for appraising the `EC' procedure for verification of subsystems in accordance with Directive 2008/57/EC.
At the request of applicants in procedures before the national safety authority which may have consequences for market access the national safety authority shall inform the regulatory body of the relevant aspects of the procedure. The regulatory body shall make recommendations. The national safety authority shall give justifications to the regulatory body if it intends to deviate from these recommendations.
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3.The regulatory body shall ensure that charges set by the infrastructure manager comply with Chapter IV, Section 2 and are non-discriminatory. Negotiations between applicants and an infrastructure manager concerning the level of infrastructure charges shall only be permitted if these are carried out under the supervision of the regulatory body. The regulatory body shall intervene if negotiations are likely to contravene the requirements of this Chapter. 3. The regulatory body shall ensure that charges set by the infrastructure manager comply with Chapter IV, Section 2 and are non-discriminatory. Negotiations between applicants and an infrastructure manager concerning the level of infrastructure charges shall only be permitted if these are carried out under the supervision of the regulatory body. The regulatory body shall intervene if negotiations are likely to contravene the requirements of this
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.
3c. The regulatory body shall communicate to the Commission any complaint related to a decision by a regulatory body related to paragraphs 1 to 3b. Within two weeks after the receipt of the complaint the Commission shall, if necessary, request changes to the decision in question in order to ensure its compatibility with Union law. The regulatory body shall modify its decision, taking account of the changes requested by the Commission.
3d. The regulatory body shall consult, at least once a year, the representatives of the users of the rail freight and passenger transport services, 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 98
Proposal for a directive Article 56 a (new)
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 in the framework of its appeal function and in its function of monitoring competition in the rail services markets. This includes data which are necessary for statistical and market observation purposes. Information requested must be supplied without undue delay.
(c) carry out audits or initiate external audits with infrastructure managers and, when relevant, railway undertakings, to verify compliance with 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. The appeal shall not have a suspensive effect on the decision of the regulatory body.
3. In the event of conflicts concerning decisions by the regulatory bodies for cross-border transport services, the concerned parties may appeal to the European Commission to obtain a binding decision on the compatibility of the decisions with the Union law within one month after the receipt of the appeal.
report to the authorities responsible for resolving these issues.
Annex X may be amended in the light of experience in accordance with the procedure referred to in Article 60a.
Amendment 99
Proposal for a directive
Article 57
Text proposed by the Commission Amendment
Cooperation between regulatory bodies Cooperation between national regulatory
bodies and powers of the Commission
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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 working group that convenes at regular intervals. The Commission shall support the regulatory bodies in this task. 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 formally established network
that convenes at regular intervals at the invitation of and chaired by the Commission. To this aim the Commission shall ensure active cooperation between the regulatory bodies and shall take action in case regulatory bodies fail to fulfil their mandate.
The Commission representatives shall comprise representatives from both the services in charge of transport and competition.
mutual assistance in their market monitoring tasks and handling complaints or investigations. working arrangements, for purposes of
mutual assistance in their market
monitoring tasks and handling complaints
or investigations.
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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. 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. The network of regulatory bodies shall also deliver an opinion.
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4.The regulatory bodies consulted in accordance with paragraph 3 shall provide all the information that they themselves have the right to request under their national legislation. This information may only be used for the purpose of handling the complaint or investigation referred to in paragraph 3. 4. The regulatory bodies consulted in accordance with paragraph 3 shall provide all the information that they themselves have the right to request under their national legislation. This information may only be used for the purpose of handling the complaint or investigation referred to in paragraph 3.
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5.The regulatory body receiving the complaint or conducting an investigation on its own initiative shall transfer relevant information to the regulatory body responsible in order for that body to take measures regarding the parties concerned. 5. The regulatory body receiving the complaint or conducting an investigation on its own initiative shall transfer relevant information to the regulatory body responsible in order for that body to take measures regarding the parties concerned.
6a. The Commission may on its own initiative participate in the activities listed under paragraphs 2 to 6 on which it shall keep informed the network of regulatory bodies mentioned in paragraph 1.
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7.Regulatory bodies shall develop common principles and practices for making decisions for which they are empowered under this Directive. The
Commission may adopt implementing measures setting out such common principles and practices. Those measures designed to ensure the implementation of this Directive under uniform conditions shall be adopted as implementing acts in accordance with Article 63(3) . 7. The network of regulatory bodies established pursuant to paragraph 1 shall develop common principles and practices for making decisions for which they are empowered under this Directive. The
Commission may adopt and supplement
such common principles and practices in
accordance with the procedure referred to
in Article 60a.
Regulatory bodies shall also review decisions and practices of associations of infrastructure managers as referred to in Article 40(1) that implement provisions of this Directive or otherwise facilitate international rail transport. The network of regulatory bodies shall
also review decisions and practices of
associations of infrastructure managers as
referred to in Article 40(1) that implement
provisions of this Directive or otherwise
facilitate international rail transport.
Amendment 100
Proposal for a directive Article 57 a (new)
Text proposed by the Commission Amendment
Amendment 101
Proposal for a directive Article 59 a (new)
Text proposed by the Commission Amendment
Article 59a
Article delegating power
The Commission shall be empowered to adopt delegated acts in accordance with Article 60a concerning the scope of market monitoring in accordance with Article 15, certain elements of the network statement in accordance with Article 27, certain principles of charging in accordance with Article 31, the temporary reduction of the infrastructure charges for ETCS in accordance with Article 32(3), certain elements of the performance scheme in accordance with Article 35, the criteria to be followed regarding the requirements with regard to applicants for infrastructure in accordance with Article 41, the schedule for the allocation process in accordance with Article 43, the regulatory accounts in accordance with Article 56a and common principles and practices for making decision developed by regulatory bodies in accordance with Article 57.
32(3), 35(2), 43(1) and 56(8) third subparagraph shall be conferred on the Commission for an indeterminate period
of time.
2. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the
Council.
3. Powers to adopt delegated acts are conferred on the Commission subject to the conditions laid down in Articles 61
and 62.
Amendment 103
Proposal for a directive Article 60 a new
Text proposed by the Commission Amendment
Article 60a
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Articles 15(5), 27(2), 31(3) and 31(5), 32(3), 35(2), 41(3), 43(1), 56a(6), 57(7) shall be conferred on the Commission for a period of five years from the date of entry into force of the basic legislative act. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five year period. 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.
to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein.
It shall not affect the validity of any delegated acts already in force.
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the
Council.
5. A delegated act adopted pursuant to Articles 15(5), 27(2), 31(3) and 31(5), 32(3), 35(2), 41(3), 43(1), 56 a (6), 57(7) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.
Amendment 104
Proposal for a directive Article 61
3. The revocation decision shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or on a later date specified therein. It shall not affect the validity of delegated acts already in force.
It shall be published in the Official Journal of the European Union.
Amendment 105
Proposal for a directive
Article 62
Text proposed by the Commission Amendment
Article 62 deleted
Objections to delegated acts
1. The European Parliament and the Council may object to a delegated act within a period of two months from the date of notification. On the initiative of the European Parliament or the Council this period shall be extended by one
month.
2. If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, or if, before that date, the European Parliament and the Council have both informed the Commission that they have decided not to raise objections, the delegated act shall enter into force on the date stated in its
its own initiative the Commission shall, in a specific case, examine the application and enforcement of the provisions of this
Directive, and within two months of receipt of such a request decide in accordance with the procedure referred to in Article 64(2) whether the related measure may continue to be applied. The Commission shall communicate its decision to the European Parliament, the Council and to the Member States. body and other competent national authorities or on its own initiative the Commission shall, in a specific case, examine the application and enforcement of the provisions of this Directive. The national regulatory bodies shall maintain a database accessible to the European Commission of their draft decisions. Within two months of receipt of such a
request the European Commission shall decide in accordance with the procedure referred to in Article 64(2) whether the related measure may continue to be applied. The Commission shall communicate its decision to the European Parliament, the Council and to the Member States.
Amendment 107
Proposal for a directive Article 63 paragraph 2 subparagraph 2
Text proposed by the Commission Amendment
Without prejudice to Article 258 of the Treaty, any Member State may refer the Commission's decision to the Council within a time limit of one month from the date of the decision. The Council, acting by a qualified majority, may in exceptional circumstances take a different decision within a period of one month from the date of the referral. At the request of a Member State or on its own initiative the Commission shall, in a specific case, examine the application and enforcement of the provisions of this Directive, and adopt a decision thereon in accordance with the procedure referred to in Article 64(3).
Amendment 109
Proposal for a directive Article 64 paragraph 1
Text proposed by the Commission Amendment
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1.The Commission shall be assisted by a
Committee. 1. The Commission shall be assisted by a
Committee. That Committee shall be a committee within the meaning of Regulation (EU) o 182/2011.
Amendment 110
Proposal for a directive Article 64 paragraph 2
Text proposed by the Commission Amendment
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2.Where reference is made to this
paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof . 2. Where reference is made to this
paragraph, Article 4 of Regulation (EU)
o 182/2011 shall apply.
Amendment 111
Proposal for a directive Article 64 - paragraph 3
Text proposed by the Commission Amendment
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3.Where reference is made to this 3. Where reference is made to this
paragraph, Article 5 of Regulation (EU)
Articles [...] and Annexes [...] by [...] at the latest. They shall forthwith communicate to the Commission the text of those provisions and a table showing the correlation between those provisions and this Directive. Articles [...] and Annexes [...] by * at the latest. They shall forthwith communicate to the Commission the text of those provisions and a table showing the correlation between those provisions and this Directive.
_____________
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*12 months from the entry into force of this Directive
Amendment 113
Proposal for a directive Annex I indent 6
Text proposed by the Commission Amendment
Access way for passengers and goods, including access by road; Access way for passengers and goods,
including access for pedestrians and by road;
Amendment 114
Proposal for a directive
Annex II
Text proposed by the Commission Amendment
A EX II deleted
Essential functions of an infrastructure
Amendments 115 and 165
Proposal for a directive
Annex III
Text proposed by the Commission Amendment -
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1.The minimum access package shall
comprise: 1. The minimum access package shall
comprise:
(a) handling of requests for railway infrastructure capacity; (a) handling of requests for railway infrastructure capacity;
(b) the right to utilise capacity which is granted; (b) the right to utilise capacity which is granted;
(c) use of running track points and junctions; (c) use of running track points and junctions;
(d) train control including signalling, regulation, dispatching and the communication and provision of information on train movement; (d) train control including signalling, regulation, dispatching and the communication and provision of information on train movement;
(e) use of electrical supply equipment for traction current, where available; (e) use of electrical supply equipment for traction current, where available;
(f) refuelling facilities, where available;
(g) all other information required to implement or operate the service for which capacity has been granted. (g) all other information required to implement or operate the service for which capacity has been granted.
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2.Access shall also be given to services
facilities and the supply of services in the following facilities: 2. Access shall also be given to the
following services facilities, when they exist, and to the services supplied in these
(h) relief facilities, including towing; (h) relief facilities, including towing;
(ha) refuelling facilities and supply of fuel in these facilities, charges for which shall be shown on the invoices separately from charges for using refuelling facilities.
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3.Additional services may comprise: 3. Additional services may comprise:
(a) traction current, charges for which shall be shown on the invoices separately from charges for using the electrical supply equipment; (a) traction current, the supplier of which a railway undertaking shall be free to choose; where the supplier of traction current is identical with the operator of the facility charges for traction current
shall be shown on the invoices separately from charges for using the electrical supply
equipment;
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(aa) conditions and prices for the use of power supply and transmission lines which shall be equitable for all operators;
(b) pre-heating of passenger trains; (b) pre-heating of passenger trains;
(c) supply of fuel, charges for which shall be shown on the invoices separately from charges for using refuelling facilities;
(d) tailor-made contracts for: (d) tailor-made contracts for:
control of transport of dangerous goods, control of transport of dangerous goods,
assistance in running abnormal trains. assistance in running abnormal trains.
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4.Ancillary services may comprise: 4. Ancillary services may comprise:
(a) access to telecommunication networks; (a) access to telecommunication networks;
(b) provision of supplementary information; (b) provision of supplementary information;
Amendment 117
Proposal for a directive
Annex V
Text proposed by the Commission Amendment
A EX V deleted
Financial fitness
(referred to in Article 20)
1. Financial fitness will be verified by means of a railway undertaking's annual accounts or, in the case of applicant undertakings unable to present annual accounts, a balance sheet. Detailed particulars must be provided, in particular on the following aspects:
(a) available funds, including the bank balance, pledged overdraft provisions and
loans;
(b) funds and assets available as security;
(c) working capital;
(d) relevant costs, including purchase costs of payments to account for vehicles, land, buildings, installations and rolling
stock;
(e) charges on an undertaking's assets.
2.In particular, an applicant is not financially fit if considerable arrears of taxes or social security are owed as a result of the undertaking's activity.
Amendment 118
Proposal for a directive Annex VI introductory sentence
Text proposed by the Commission Amendment
The network statement referred to in Article 27 shall contain the following
information: The sections of the network statement referred to in Article 27 shall contain the following information:
Amendment 119
Proposal for a directive Annex VI paragraph 1
Text proposed by the Commission Amendment
1. A section setting out the nature of the infrastructure which is available to railway undertakings and the conditions of access to it. 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. deleted
Amendment 120
Proposal for a directive Annex VI paragraph 2
Amendment 121
Proposal for a directive Annex VI paragraph 3 subparagraph 1
Text proposed by the Commission Amendment
3. A section on the principles and criteria
for capacity allocation. This shall set out the general capacity characteristics of the infrastructure which is available to railway undertakings and any restrictions relating to its use, including likely capacity requirements for maintenance. It shall also specify the procedures and deadlines which relate to the capacity allocation process. It shall contain specific criteria which are employed during that process, in particular: 3. The section on the principles and criteria for capacity allocation shall set out the general capacity characteristics of the infrastructure which is available to railway undertakings and any restrictions relating to its use, including likely capacity requirements for maintenance. It shall also specify the procedures and deadlines which relate to the capacity allocation process. It shall contain specific criteria which are employed during that process, in particular:
Amendment 122
Proposal for a directive Annex VI paragraphs 4 and 5
Text proposed by the Commission Amendment
4. A section on information relating to the application for a licence referred to in Article 25 and rail safety certificates issued in accordance with Directive 2004/49/EC. deleted
5. A section on information about procedures for dispute resolution and appeal relating to matters of access to rail infrastructure and services and to the performance scheme referred to in Article
infrastructure manager shall supply information on charges for gaining access to the facility and for the provision of services, and information on technical access conditions for inclusion in the network statement.
Amendment 124
Proposal for a directive Annex VI paragraph 7
Text proposed by the Commission Amendment
7. A model agreement for the conclusion of framework agreements between an infrastructure manager and an applicant in accordance with Article 42. deleted
Amendment 125
Proposal for a directive
Annex VII
Text proposed by the Commission Amendment
The contractual agreement shall specify the provisions of Article 30 including: The contractual agreement shall specify the provisions of Article 30 including:
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separate item;
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3.user-oriented performance targets, in the form of indicators and quality criteria
covering: 3. user-oriented performance targets, in the form of indicators and quality criteria
covering:
(a) train performance and customer satisfaction; (a) train performance and customer
satisfaction, in particular the effect of infrastructure quality on train reliability;
(b) network capacity, (b) network capacity and the availability of infrastructure,
(c) asset management, (c) asset management,
(d) activity volumes, (d) activity volumes,
(e) safety levels, and (e) safety levels, and
(f) environmental protection; (f) environmental protection;
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4.the amount of possible maintenance backlog, the expenditure earmarked for dealing with it and the assets which will be phased out of use and therefore trigger different financial flows; 4. the amount of possible maintenance backlog, the expenditure earmarked for dealing with it and the assets which will be phased out of use and therefore trigger different financial flows;
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5.the incentives in accordance with Article 30(1); 5. the incentives in accordance with Article
30(1);
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6.minimum reporting obligations for the infrastructure manager in terms of content and frequency of reporting, including information to be published annually; 6. minimum reporting obligations for the infrastructure manager in terms of content and frequency of reporting, including information to be published annually;
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7.a mechanism that ensures that a significant share of cost reductions is passed on to users in the form of a reduced level of charges; 7. a mechanism that ensures that a significant share of cost reductions is passed on to users in the form of a reduced
level of charges, in accordance with the requirements of Article 30(1), without compromising the balancing of the infrastructure manager's accounts as required under Article 8(4);
of the parties is in breach of its contractual obligations; this includes conditions and procedures for renegotiation and early termination, including the role of the regulatory body. of the parties is in breach of its contractual obligations; this includes conditions and procedures for renegotiation and early termination, including the role of the regulatory body.
Amendment 126
Proposal for a directive Annex VIII point 1
Text proposed by the Commission Amendment -
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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: 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, including salaries and pensions ; (a) Network-wide overhead costs;
(b) Interest payable on capital; (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; (d) Depreciation of information, communication or telecommunication equipment;
referred to in points (e), (f) or (g). referred to in points (e), (f) or (g).
Amendment 127
Proposal for a directive Annex VIII paragraph 3
Text proposed by the Commission Amendment
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3.The infrastructure manager shall demonstrate to the regulatory body the ability of a train service to pay mark-ups
according to Article 32(1), whereby each of the services listed under a single one of the following points shall belong to different market segments: 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. With the exception of carriages referred to in Article 32.1 a, the infrastructure manager shall demonstrate to the regulatory body the ability of a train service to pay mark-ups according to
Article 32(1). In case the infrastructure manager levies mark-ups, it shall develop a list of market segments to which the regulatory body shall give its prior
approval.
(a) Passenger vs freight services;
(b) Trains carrying dangerous goods vs other freight trains;
(c) Domestic vs international services;
(d) Combined transport vs direct trains;
(e) Urban or regional vs interurban passenger services;
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regulatory body, the main parameters of the performance scheme, in particular the value of delays, 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;
Amendment 129
Proposal for a directive Annex VIII point 4 point b
Text proposed by the Commission Amendment
(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; deleted
Amendment 130
Proposal for a directive Annex VIII point 4 point g
Text proposed by the Commission Amendment
(g) Without prejudice to the existing appeal procedures and to the provisions of Article 50, in case of disputes relating to the performance scheme, a dispute resolution system shall be made available in order to settle such matters promptly. If this system is applied, a decision shall be reached within a time limit of 10 working
performance scheme.
Amendment 132
Proposal for a directive Annex VIII point 5
Text proposed by the Commission Amendment
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5.The temporary reduction of the infrastructure charge for ETCS equipped trains, as referred to in Article 32(3) shall be established as follows: 5. 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 freight transport:
Year Discount Year Discount
2015 5% 2015 20%
2016 5% 2016 20%
2017 5% 2017 20%
2018 5% 2018 15%
2019 5% 2019 10%
2020 5% 2020 8%
2021 4% 2021 6%
2022 3% 2022 4%
2023 2% 2023 3%
2024 5% 2024 2%
Amendment 133
Proposal for a directive Annex 10 point 1 point c
Text proposed by the Commission Amendment
(c) include cost and profit categories making it possible to determine whether cross-subsidies between these different activities occurred, according to the requirements of the regulatory body; (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;
| publicatiedatum | 30-11-2011 |
|---|---|
| kenmerk | 16805/11 |
