44 Amendments of Ondřej KOVAŘÍK related to 2023/0271(COD)
Amendment 197 #
Proposal for a regulation
Recital 14
Recital 14
(14) A significant share of rail freight transport is long-distance and requires cross-border coordination of infrastructure managers. The policy goal of increasing rail traffic also relies on growing cross- border passenger services. To facilitate and promote an increasing cross-border traffic in the single European railway area, it is necessary to ensure greater consistency and harmonisation of the rules and procedures on the management of rail infrastructure capacity. Accordingly, the role of the European Network of Infrastructure Manager should be strengthened with a view to entrusting it with the development of guidelines for the harmonised implementation of this Regulation on procedures and methodologies for the management of rail infrastructure capacity and with the active coordination of cross- border capacity and traffic. In particular, the European Network of Infrastructure Managers should develop European frameworks for capacity management, for the coordination of cross-border traffic management, disruption management and crisis management, and for performance review. The Railway Undertakings and applicants should be also consulted in the development of these European Frameworks.
Amendment 197 #
Proposal for a regulation
Recital 14
Recital 14
(14) A significant share of rail freight transport is long-distance and requires cross-border coordination of infrastructure managers. The policy goal of increasing rail traffic also relies on growing cross- border passenger services. To facilitate and promote an increasing cross-border traffic in the single European railway area, it is necessary to ensure greater consistency and harmonisation of the rules and procedures on the management of rail infrastructure capacity. Accordingly, the role of the European Network of Infrastructure Manager should be strengthened with a view to entrusting it with the development of guidelines for the harmonised implementation of this Regulation on procedures and methodologies for the management of rail infrastructure capacity and with the active coordination of cross- border capacity and traffic. In particular, the European Network of Infrastructure Managers should develop European frameworks for capacity management, for the coordination of cross-border traffic management, disruption management and crisis management, and for performance review. The Railway Undertakings and applicants should be also consulted in the development of these European Frameworks.
Amendment 211 #
Proposal for a regulation
Recital 19
Recital 19
(19) Continuous monitoring of the quality of rail infrastructure and transport services is a precondition for improving the performance of these services. It is therefore necessary to establish a transparent and objective system of indicators that provides feedback on aspects of performance that are relevant for the different operational stakeholders and for the end customers of rail transport services. The main function of that a system should focus on monitoring the fulfilment of commitments made by the operational stakeholders and progress in performance over time while taking into account different circumstances and characteristics within the rail sector. For the establishment of such a system and the analysis of its output, the Commission should be able to rely on independent experts who have solid knowledge of the whole railway sector in the form of a Performance Review Body. This body should be able to provide independent expert advice to the Commission in all areas that influence the performance of rail services and infrastructure management.
Amendment 211 #
Proposal for a regulation
Recital 19
Recital 19
(19) Continuous monitoring of the quality of rail infrastructure and transport services is a precondition for improving the performance of these services. It is therefore necessary to establish a transparent and objective system of indicators that provides feedback on aspects of performance that are relevant for the different operational stakeholders and for the end customers of rail transport services. The main function of that a system should focus on monitoring the fulfilment of commitments made by the operational stakeholders and progress in performance over time while taking into account different circumstances and characteristics within the rail sector. For the establishment of such a system and the analysis of its output, the Commission should be able to rely on independent experts who have solid knowledge of the whole railway sector in the form of a Performance Review Body. This body should be able to provide independent expert advice to the Commission in all areas that influence the performance of rail services and infrastructure management.
Amendment 234 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. As regards trafficcapacity management, infrastructure managers shall ensure that railway undertakings, in cases of disruption concerning them, have full and timely access to relevant information. Whe and the long-term planning of major maintenance, renewal and upgrade of the railway infrastructure, the infrastructure manager grants further access to the traffic management process, it shall do so for the railway undertakings concerned in a transparent and non-discriminatory wayshall consult applicants throughout the process, and at least in accordance with the milestones as defined in Article 3, point 19 of Directive 2012/34/EU, in accordance with this Regulation and, to the best possible extent, take into account the concerns expressed.
Amendment 234 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. As regards trafficcapacity management, infrastructure managers shall ensure that railway undertakings, in cases of disruption concerning them, have full and timely access to relevant information. Whe and the long-term planning of major maintenance, renewal and upgrade of the railway infrastructure, the infrastructure manager grants further access to the traffic management process, it shall do so for the railway undertakings concerned in a transparent and non-discriminatory wayshall consult applicants throughout the process, and at least in accordance with the milestones as defined in Article 3, point 19 of Directive 2012/34/EU, in accordance with this Regulation and, to the best possible extent, take into account the concerns expressed.
Amendment 253 #
Proposal for a regulation
Article 4 – paragraph 2 – point 17 a (new)
Article 4 – paragraph 2 – point 17 a (new)
(17a) ‘systematic train paths’ means train paths constructed by the infrastructure manager based on operating experience, demand, market forecasts and political goals, which are allocated to market segments, occur at hourly intervals at the same minute and are formed to further optimise the utilisation of infrastructure and to optimise interchange connections between passenger services in node stations.
Amendment 253 #
Proposal for a regulation
Article 4 – paragraph 2 – point 17 a (new)
Article 4 – paragraph 2 – point 17 a (new)
(17a) ‘systematic train paths’ means train paths constructed by the infrastructure manager based on operating experience, demand, market forecasts and political goals, which are allocated to market segments, occur at hourly intervals at the same minute and are formed to further optimise the utilisation of infrastructure and to optimise interchange connections between passenger services in node stations.
Amendment 255 #
Proposal for a regulation
Article 4 – paragraph 2 – point 17 b (new)
Article 4 – paragraph 2 – point 17 b (new)
(17b) ‘Compensation for changes to capacity rights’ means an incentive fee due to be paid in the case of the amendment and/or cancellation of an allocated train path. It shall be implemented according to the process in Article 40 and shall be published in the network statement of the respective infrastructure manager.
Amendment 255 #
Proposal for a regulation
Article 4 – paragraph 2 – point 17 b (new)
Article 4 – paragraph 2 – point 17 b (new)
(17b) ‘Compensation for changes to capacity rights’ means an incentive fee due to be paid in the case of the amendment and/or cancellation of an allocated train path. It shall be implemented according to the process in Article 40 and shall be published in the network statement of the respective infrastructure manager.
Amendment 286 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Infrastructure managers shall provide interested parties, in particular applicants, potential applicants and regulatory bodies, with accurate and up-to-date information on the availability of infrastructure capacity throughout the entire capacity management process, including in the strategic planning phase referred to in section 2, during the scheduling and allocation processes set out in section 3 and whenever there are changes to allocated capacity as referred to in section 4. However, there is no need for an update, if a subsequent element of the pre- planning is already published, e.g. if the Capacity Model is already published, the Capacity Strategy does not need to be updated. Similarly, the capacity model does not have to be updated once the capacity supply has been published.
Amendment 286 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Infrastructure managers shall provide interested parties, in particular applicants, potential applicants and regulatory bodies, with accurate and up-to-date information on the availability of infrastructure capacity throughout the entire capacity management process, including in the strategic planning phase referred to in section 2, during the scheduling and allocation processes set out in section 3 and whenever there are changes to allocated capacity as referred to in section 4. However, there is no need for an update, if a subsequent element of the pre- planning is already published, e.g. if the Capacity Model is already published, the Capacity Strategy does not need to be updated. Similarly, the capacity model does not have to be updated once the capacity supply has been published.
Amendment 292 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Without prejudice to Articles 7, 7c and 7e of Directive 2012/34/EU, infrastructure managers shall plan infrastructure work in accordance with the business plan and with the investment and financial programmes referred to in Article 8(3) of Directive 2012/34/EU. Where amendments to those programmes after the adoption of the business plan affect or are likely to affect the planning of infrastructure works, the infrastructure manager shall provide an overview of such amendments and their likely impact in the network statement. The member state shall provide the infrastructure manager with stable and timely announced multiannual funding for the maintenance, renewal and new construction of rail infrastructure for a rolling period of at least 5 years. The amount of money available to the infrastructure manager per year shall be made transparent to the infrastructure manager.
Amendment 292 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Without prejudice to Articles 7, 7c and 7e of Directive 2012/34/EU, infrastructure managers shall plan infrastructure work in accordance with the business plan and with the investment and financial programmes referred to in Article 8(3) of Directive 2012/34/EU. Where amendments to those programmes after the adoption of the business plan affect or are likely to affect the planning of infrastructure works, the infrastructure manager shall provide an overview of such amendments and their likely impact in the network statement. The member state shall provide the infrastructure manager with stable and timely announced multiannual funding for the maintenance, renewal and new construction of rail infrastructure for a rolling period of at least 5 years. The amount of money available to the infrastructure manager per year shall be made transparent to the infrastructure manager.
Amendment 296 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
In particular, the infrastructure manager shall take into account in a balanced way the impact of infrastructure works on its own asset management and financial situation as well as the operational and financial impact on all applicants concerned. Multiannual funding provided by the member state to the infrastructure manager shall support the goal of establishing this balance. Applicants shall timely provide the infrastructure manager with the information required for the infrastructure manager’s compliance with this provision.
Amendment 296 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
In particular, the infrastructure manager shall take into account in a balanced way the impact of infrastructure works on its own asset management and financial situation as well as the operational and financial impact on all applicants concerned. Multiannual funding provided by the member state to the infrastructure manager shall support the goal of establishing this balance. Applicants shall timely provide the infrastructure manager with the information required for the infrastructure manager’s compliance with this provision.
Amendment 301 #
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Subject to the principle of management independence laid down in Article 4 of Directive 2012/34/EU, Member States may provide the infrastructure manager with strategic guidance based on the indicative rail infrastructure development strategies referred to in Article 8(1) of Directive 2012/34/EU. The guidance shall be provided on time, to allow infrastructure managers and operational stakeholders to follow the deadlines set out in Annex I. That guidance may cover/contain in particular:
Amendment 301 #
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Subject to the principle of management independence laid down in Article 4 of Directive 2012/34/EU, Member States may provide the infrastructure manager with strategic guidance based on the indicative rail infrastructure development strategies referred to in Article 8(1) of Directive 2012/34/EU. The guidance shall be provided on time, to allow infrastructure managers and operational stakeholders to follow the deadlines set out in Annex I. That guidance may cover/contain in particular:
Amendment 303 #
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
Member States shall coordinate to ensure consistency between the respective strategic guidance they provide in accordance with this paragraph with a view to supporting the development of international passenger and freight rail services. Considering Article 8 of Directive 2012/34/EU, member states shall ensure advance allocation of financial resources for the infrastructure managers for regular maintenance of infrastructure and financial resources for infrastructure development described in the capacity strategy as referred in Article 16.
Amendment 303 #
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
Member States shall coordinate to ensure consistency between the respective strategic guidance they provide in accordance with this paragraph with a view to supporting the development of international passenger and freight rail services. Considering Article 8 of Directive 2012/34/EU, member states shall ensure advance allocation of financial resources for the infrastructure managers for regular maintenance of infrastructure and financial resources for infrastructure development described in the capacity strategy as referred in Article 16.
Amendment 310 #
Proposal for a regulation
Article 12 – paragraph 4 – point c
Article 12 – paragraph 4 – point c
(c) capacity needs announced by operational stakeholders and the input from the consultation of current and potential applicants in accordance with Article 13;
Amendment 310 #
Proposal for a regulation
Article 12 – paragraph 4 – point c
Article 12 – paragraph 4 – point c
(c) capacity needs announced by operational stakeholders and the input from the consultation of current and potential applicants in accordance with Article 13;
Amendment 318 #
Proposal for a regulation
Article 12 – paragraph 8 – point b
Article 12 – paragraph 8 – point b
(b) changes in market demand for infrastructure capacity; including capacity needs announced by applicants for new or modified services;
Amendment 318 #
Proposal for a regulation
Article 12 – paragraph 8 – point b
Article 12 – paragraph 8 – point b
(b) changes in market demand for infrastructure capacity; including capacity needs announced by applicants for new or modified services;
Amendment 390 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
Within six months of the completion of a capacity analysis in accordance with Article 22, the infrastructure manager shall establish a capacity-enhancement plan for parts of the infrastructure which have been declared congested. .
Amendment 390 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
Within six months of the completion of a capacity analysis in accordance with Article 22, the infrastructure manager shall establish a capacity-enhancement plan for parts of the infrastructure which have been declared congested. .
Amendment 392 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2 – point d
Article 23 – paragraph 1 – subparagraph 2 – point d
(d) the options and costs for capacity enhancement, including measures described in Article 22 (2) and likely changes to access charges.
Amendment 392 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2 – point d
Article 23 – paragraph 1 – subparagraph 2 – point d
(d) the options and costs for capacity enhancement, including measures described in Article 22 (2) and likely changes to access charges.
Amendment 393 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
The capacity-enhancement plan shall be establishdeveloped after consultation with usrelevant stakeholders of the relevant congested infrastructure in accordance with Article 13.
Amendment 393 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
The capacity-enhancement plan shall be establishdeveloped after consultation with usrelevant stakeholders of the relevant congested infrastructure in accordance with Article 13.
Amendment 412 #
Proposal for a regulation
Article 27 – paragraph 7 a (new)
Article 27 – paragraph 7 a (new)
7a. The infrastructure manager shall be allowed to use the concept of hourly or bi-hourly recurring systematic train paths to maximise capacity. Systematic train paths shall be aligned across borders
Amendment 412 #
Proposal for a regulation
Article 27 – paragraph 7 a (new)
Article 27 – paragraph 7 a (new)
7a. The infrastructure manager shall be allowed to use the concept of hourly or bi-hourly recurring systematic train paths to maximise capacity. Systematic train paths shall be aligned across borders
Amendment 432 #
Proposal for a regulation
Article 31 – paragraph 3 a (new)
Article 31 – paragraph 3 a (new)
3a. Infrastructure managers may group systematic train paths into bundles (packages) of hourly, two-hourly or half- hourly train paths taking into account strategic guidance on the utilisation of infrastructure capacity provided by Member States in accordance with Article 11(3). For each such package, one single framework contract for the whole bundle is possible.
Amendment 432 #
Proposal for a regulation
Article 31 – paragraph 3 a (new)
Article 31 – paragraph 3 a (new)
3a. Infrastructure managers may group systematic train paths into bundles (packages) of hourly, two-hourly or half- hourly train paths taking into account strategic guidance on the utilisation of infrastructure capacity provided by Member States in accordance with Article 11(3). For each such package, one single framework contract for the whole bundle is possible.
Amendment 444 #
Proposal for a regulation
Article 32 – paragraph 5 – subparagraph 1
Article 32 – paragraph 5 – subparagraph 1
In accordance with Article 18 and Article 20, the infrastructure manager shall give priority to requests that are consistent with the pre-planned capacity defined in the capacity supply plan. As a result, the infrastructure manager may either accept or refuse requests that are not consistent with the capacity supply plan, provided operational stakeholders had been duly consulted and their announcements of capacity had been taken into account to the utmost extent.
Amendment 444 #
Proposal for a regulation
Article 32 – paragraph 5 – subparagraph 1
Article 32 – paragraph 5 – subparagraph 1
In accordance with Article 18 and Article 20, the infrastructure manager shall give priority to requests that are consistent with the pre-planned capacity defined in the capacity supply plan. As a result, the infrastructure manager may either accept or refuse requests that are not consistent with the capacity supply plan, provided operational stakeholders had been duly consulted and their announcements of capacity had been taken into account to the utmost extent.
Amendment 451 #
Proposal for a regulation
Article 32 – paragraph 5 – subparagraph 3
Article 32 – paragraph 5 – subparagraph 3
When refuprocessing requests not consistent with the capacity supply plan, the infrastructure manager should offer an alternative and where time-wise possible preceded by consultation with concerned applicants. If no alternative offer is possible, the infrastructure manager shall, without delay, inform the applicant concerned of its intention to refuse a request. The latter shall have the right to lodge a complaint with the regulatory body.
Amendment 451 #
Proposal for a regulation
Article 32 – paragraph 5 – subparagraph 3
Article 32 – paragraph 5 – subparagraph 3
When refuprocessing requests not consistent with the capacity supply plan, the infrastructure manager should offer an alternative and where time-wise possible preceded by consultation with concerned applicants. If no alternative offer is possible, the infrastructure manager shall, without delay, inform the applicant concerned of its intention to refuse a request. The latter shall have the right to lodge a complaint with the regulatory body.
Amendment 460 #
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. In accordance with the rules and procedures set out in Article 20, infrastructure managers may refuse to allocatshall try their utmost to offer alternative capacity for rolling planning requests if requests are inconsistent with the capacity supply plan adopted in accordance with Article 18. A refusal shall be communicated to thIf it is not possible to offer an alternative, the IM may refuse to allocate capplicant without delayacity to such inconsistent request. The applicant shall have the right to lodge a complaint with the regulatory body.
Amendment 460 #
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. In accordance with the rules and procedures set out in Article 20, infrastructure managers may refuse to allocatshall try their utmost to offer alternative capacity for rolling planning requests if requests are inconsistent with the capacity supply plan adopted in accordance with Article 18. A refusal shall be communicated to thIf it is not possible to offer an alternative, the IM may refuse to allocate capplicant without delayacity to such inconsistent request. The applicant shall have the right to lodge a complaint with the regulatory body.
Amendment 472 #
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. In case of conflicting capacity requests involving railrelated to rail transport services with similar characteristics and socio- economic profile, the infrastructure manager shall assignllocate capacity on the basis of an auction or in a way providing access to the largest number of applicants. The latter method shall be applied subject to approval by the regulatory bodyfirst come, first served principle. This method shall be applied only in case of any remaining capacity that was not previously allocated based on the allocation methods enshrined in Articles 31 till 33 hereof and subject to approval by the regulatory body. Should any capacity further remain, even after the proper exercise of all allocation methods referred to in Articles 31 till 35 hereof, it may be allocated on the basis of an auction.
Amendment 472 #
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. In case of conflicting capacity requests involving railrelated to rail transport services with similar characteristics and socio- economic profile, the infrastructure manager shall assignllocate capacity on the basis of an auction or in a way providing access to the largest number of applicants. The latter method shall be applied subject to approval by the regulatory bodyfirst come, first served principle. This method shall be applied only in case of any remaining capacity that was not previously allocated based on the allocation methods enshrined in Articles 31 till 33 hereof and subject to approval by the regulatory body. Should any capacity further remain, even after the proper exercise of all allocation methods referred to in Articles 31 till 35 hereof, it may be allocated on the basis of an auction.
Amendment 581 #
Proposal for a regulation
Article 62 – paragraph 5 a (new)
Article 62 – paragraph 5 a (new)
5a. To comply with Article 62(1) to (5), public funding, including from the next Connecting Europe Facility to the infrastructure manager and railway undertakings must be sufficient to ensure a timely, cross-border harmonized and interoperable implementation of digital tools and services.
Amendment 581 #
Proposal for a regulation
Article 62 – paragraph 5 a (new)
Article 62 – paragraph 5 a (new)
5a. To comply with Article 62(1) to (5), public funding, including from the next Connecting Europe Facility to the infrastructure manager and railway undertakings must be sufficient to ensure a timely, cross-border harmonized and interoperable implementation of digital tools and services.