BETA

12 Amendments of Erik BÁNKI related to 2013/0029(COD)

Proposal for a directive
Article 1 – point 1 – point c

Directive 2012/34/EU
Article 3 – point 31 – indent 1

- one or several railway undertakings are owned or partly owned by the same undertaking as an infrastructure manager (holding company which is neither infrastructure manager nor railway undertaking), or

2013/09/26
Committee: TRAN

Proposal for a directive
Article 1 – point 1 – point c

Directive 2012/34/EU
Article 3 – point 31 – indent 3 a (new)

- an undertaking consisting of distinct divisions, including an infrastructure manager and one or several divisions providing transport services that do not necessarily have distinct legal personalities; and the track length of such undertaking shall not exceed 650 km.

2013/09/26
Committee: TRAN

Proposal for a directive
Article 1 – point 3

Directive 2012/34/EU
Article 7 – paragraph 1 – subparagraph 2

To guarantee the independence of the infrastructure manager, Member States shall ensure that infrastructure managers are organised in an entity that is legally distinct from any railway undertaking. The Infrastructure Manager is considered independent even in case of vertical control, if it has autonomous right of decision in train path allocation and determination of the charges and this autonomous right of decision in these fields is laid down in its Articles of Association. Member States ensure that this decision-making right, respectively the prohibition to remove such right shall be regulated by national law.

2013/09/26
Committee: TRAN

Proposal for a directive
Article 1 – point 3 a (new)

Directive 2012/34/EU
Article 7 – paragraph 1 – point b

3a. Article 7 – paragraph 1 – point(b) is replaced by the following: (b) decision-making on infrastructure charging and determination, excluding the collection of the charges, without prejudice to Article 29(1)

2013/09/26
Committee: TRAN

Proposal for a directive
Article 1 – point 4

Directive 2012/34
Article 7 b – paragraph 4

4. For a period of three years after leaving the infrastructure manager, members of the Supervisory Board or management board and senior staff members of the infrastructure manager shall not be entitled to hold any senior position with any other legal entities within the vertically integrated undertaking. For a period of three years after leaving those other legal entities within the vertically integrated undertaking, their supervisory or management boards' members and senior staff members shall not be entitled to hold any senior position with the infrastructure manager.deleted

2013/09/23
Committee: TRAN

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 c – paragraph 1

1. Upon request of a Member State or on its own initiative, the Commission shall decide whether infrastructure managers which are part of a vertically integrated undertaking fulfil the requirements of Article 7a and Article 7b and whether the implementation of these requirements is appropriate to ensure a level playing field for all railway undertakings and the absence of distortion of competition in the relevant market.deleted

2013/09/23
Committee: TRAN

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 c – paragraph 2

2. The Commission shall be entitled to require all necessary information within a reasonable deadline from the Member State where the vertically integrated undertaking is established. The Commission shall consult the regulatory body or bodies concerned and, if appropriate, the network of regulatory bodies referred to in Article 57.deleted

2013/09/23
Committee: TRAN

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 c – paragraph 3

3. Member States may limit the rights of access provided for in Article 10 to railway undertakings which are part of the vertically integrated undertaking to which the infrastructure manager concerned belongs, if the Commission informs Member States that no request has been made in accordance with paragraph 1 or pending the examination of the request by the Commission or if it decides, in accordance with the procedure referred to in Article 62(2), that: a) no adequate replies to the Commission information requests in accordance with paragraph 2 have been made, or b) the infrastructure manager concerned does not fulfil the requirements set out in Articles 7a and 7b, or c) a 7a. the implementation of requirements set out in Articles 7a and 7b is not sufficient to ensure a level playing field for all railway undertakings and the absence of distortion of competition in the Member State where the infrastructure manager concerned is established. The Commission shall decide within a reasonable period of time.deleted

2013/09/23
Committee: TRAN

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 c – paragraph 4

4. A 62. The Member State concerned may request the Commission to repeal its decision referred to in paragraph 3, in accordance with the procedure referred to in Article 62(2), when that Member State demonstrates to the satisfaction of the Commission that the reasons for the decision do not exist any longer. The Commission shall decide within a reasonable period of time.deleted

2013/09/23
Committee: TRAN

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 c – paragraph 5

5. ~~Without prejudice to paragraphs 1 to 4, t~~The on-going compliance with the requirements set out in Articles 7a and 7b shall be monitored by the regulatory body referred to in Article 55. Any applicant shall have the right to appeal to the regulatory body if it believes that these requirements are not complied with. Upon such an appeal, the regulatory body shall decide, within the time-limits indicated in Article 56(9), on all the necessary measures to remedy the situation.

2013/09/23
Committee: TRAN

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 d – paragraph 3

3. The Coordination Committee shall draw up rules of procedure that include, in particular, rules on participation in and frequency of meetings which shall be at least quarterly, and on the means of decision-making. A report of the Coordination Committee’s discussions shall be submitted annually to the infrastructure manager, the Member State, the regulatory body concerned and the Commission with an indication of the respective positions taken by the Committee members.

2013/09/23
Committee: TRAN

Proposal for a directive
Article 1 – point 6 – point c

Directive 2012/34/EU
Article 11 – paragraph 3 – subparagraph 2

In case the regulatory body decides that the economic equilibrium of a public contract would be compromised by the intended passenger service referred to in Article 38(4), it shall indicate possible changes to such service which would ensure that the conditions to grant the right of access provided for in Article 10(2) are met.';deleted

2013/09/23
Committee: TRAN