BETA

26 Amendments of Franco FRIGO related to 2013/0029(COD)

David Maria SASSOLI, Franco FRIGO

Proposal for a directive
Recital 13 a (new)

(13a) Taking into account the heterogeneity of networks in terms of their size and density and the variety in the organisational structures of national and local or regional authorities and their respective experiences of the process of market opening, each Member State should be given sufficient flexibility to organise its network in such a way that a mix of open-access services and services performed under public service contracts can be achieved in order to ensure a high quality of services readily accessible to all passengers. Following selection of the public service contracts to put out to tender, each Member State should establish on a case-by-case basis which safeguard mechanisms to introduce for each service should the tender procedure not be successfully completed. Those mechanisms should not in any way generate additional charges for the railway undertakings managing those services.

2013/09/26
Committee: TRAN

Proposal for a directive
Recital 19 a (new)

(19a) Since the new package seeks to strengthen passenger rights, and as freedom of movement is one of the basic pillars of the EU, greater efforts should be made to also safeguard that right for the disabled and people with reduced mobility. This makes improving accessibility to means of transport and infrastructure a priority. In order to achieve that objective, cross-border contacts should be encouraged. This also applies to the assistance provided for that specific category of passengers, which should be harmonised within a broader system. A consultation process should be launched in this respect involving the social partners, the public and organisations for the protection of the rights of the disabled.

2013/09/26
Committee: TRAN

David Maria SASSOLI, Franco FRIGO

Proposal for a directive
Recital 19 a (new)

(19a) In the light of the experience acquired through the network of regulatory bodies under Article 57 of Directive 2012/34/EU, the Commission should bring forward a legislative proposal to consolidate the network of regulatory bodies, formalise their procedures and give them legal personality, by 31 December 2016 at the latest. The resulting organisation should act as a supervisor and arbitrator to settle issues of a cross-border and international nature, and as a body for hearing appeals against decisions taken by the national regulatory authorities.

2013/09/26
Committee: TRAN

Proposal for a directive
Recital 19 b (new)

(19b) Passengers should have access to workable through ticketing schemes and integrated ticketing schemes. Integrated ticketing schemes should also apply to reduced rate tickets for special categories of passengers. The integrated ticketing schemes developed by the railway sector within Member States should be interoperable with each other in order to enable a Union-wide scheme to be created that encompasses all rail passenger operators.

2013/09/26
Committee: TRAN

David Maria SASSOLI, Franco FRIGO

Proposal for a directive
Recital 19 b (new)

(19b) On the basis of the experience acquired through the new network of regulatory bodies, the Commission should bring forward a legislative proposal under which the network of regulatory bodies is replaced with a single European regulatory body that acts as a supervisor and arbitrator to settle any issues of a cross-border and international nature, and as a body for hearing appeals against decisions taken by the national regulatory authorities. This single European regulatory body should be operational by the time of the opening of the domestic rail passenger market.

2013/09/26
Committee: TRAN

Proposal for a directive
Recital 19 c (new)

(19c) The opening of the market should not have any adverse repercussions on the working and social conditions of railway workers. The relevant social clauses should be respected in order to avoid any social dumping or unfair competition by new entrants that fails to respect minimum social standards in the railway sector.

2013/09/26
Committee: TRAN

David Maria SASSOLI, Franco FRIGO

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

(ca) The following new Point 32 is added: ‘(32) Of the functions performed by the infrastructure manager, the following shall constitute essential functions: (a) decision making on train path allocation, including both the definition and the assessment of availability and the allocation of individual train paths; and (b) decision making on infrastructure charging, including determination and collection of the charges, without prejudice to Article 29(1).’

2013/09/26
Committee: TRAN

David Maria SASSOLI, Franco FRIGO

Proposal for a directive
Article 1 – point 3

2a. Members of the supervisory board or management board or heads of rail network managers or of any railway undertaking operating on these may not, for a period of at least three years following the termination of their duties, take up any managerial position in any public body responsible for the administration or regulation of the railway sector. The same restriction shall apply to managers of public bodies who leave their posts to take up managerial positions with rail network managers or any railway undertaking operating on these.

2013/09/26
Committee: TRAN

David Maria SASSOLI, Franco FRIGO

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

Directive 2012/34/EU
Article 7 – paragraph 5 a (new)

In Article 7, the following paragraph is added: ‘5a. (a) A Member States may decide not to apply the requirements under Article 7 (1) to (4) or those under Articles 7a to 7c. In such cases the Member State must comply with paragraphs 2 to 6 of this Article. (b) Member States shall ensure that the essential functions determining equitable and non-discriminatory access to infrastructure are entrusted to bodies or firms that do not themselves provide any rail transport services. Regardless of organisational structures, this objective shall be shown to have been achieved. The essential functions shall be: (a) decision making on train path allocation, including both the definition and the assessment of availability and the allocation of individual train paths; and (b) decision making on infrastructure charging, including determination and collection of the charges, without prejudice to Article 29(1).’ 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. Where the infrastructure manager, in its legal form, organisation or decision- making functions, is not independent of any railway undertaking, the functions referred to 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. When the provisions of Sections 2 and 3 of Chapter IV refer to the essential functions of an infrastructure manager, they shall be understood as applying to the charging body or the allocation body for their respective powers. 3. Without prejudice to Article 56, the infrastructure manager shall first request the approval of the regulatory body referred to in Article 55 before making any change to the level of charges for access to railway infrastructure or for access to service facilities which the manager operates. The regulatory body shall verify compliance with this Directive and with the charging framework and specific charging rules established by Member States in accordance with Article 29. 4. Without prejudice to Article 56(1), an applicant shall have the right to appeal to the regulatory body if he believes he has been unfairly treated, discriminated against or in any way disadvantaged, and in particular against decisions adopted by the infrastructure manager or, where appropriate, by the railway undertaking or manager of a service facility, concerning scheduled or unscheduled maintenance work. 5. Without prejudice to Article 56(9), 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 shall require modification of that decision, in accordance with the decision of the regulatory body, within one month of receiving the appeal. The infrastructure manager shall comply with the decision adopted by the regulatory body as soon as is practicably possible, and in any event no later than one month after notification of the decision. 6 Without prejudice to powers in respect of judicial appeal conferred by constitutional rules, where applicable, appeals against decisions taken by the regulatory body under Article 56(10) may not be such as to have suspensive effect when the decision concerns charges for access to railway infrastructure or allocation of capacity.

2013/09/26
Committee: TRAN

David Maria SASSOLI, Franco FRIGO

Proposal for a directive
Article 1 – point 4

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

2. ~~Legal entitie~~Railway undertakings within the vertically integrated undertaking ~~that are active in railway transport services markets~~ shall not have any direct or indirect shareholding in the infrastructure manager. Nor shall the infrastructure manager have any direct or indirect shareholding in any ~~legal entities~~railway undertaking within the vertically integrated undertaking ~~active in railway transport services markets~~.

2013/09/26
Committee: TRAN

David Maria SASSOLI, Franco FRIGO

Proposal for a directive
Article 1 – point 4

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

4. Without prejudice to Article 8(4), the infrastructure manager shall raise funds on the capital markets independently and not via other legal entities within the vertically integrated undertaking. Other legal entities within the vertically integrated undertaking shall not raise funds via the infrastructure manager. Without prejudice to the rule on charging for the use of the infrastructure, the incomes of other legal entities within the vertically integrated undertaking and the dividends paid by other legal entities within the vertically integrated undertaking shall not be used in order to finance the activities of the infrastructure manager without prior approval of the regulatory body referred to in Article 55. The regulatory shall approve such financing of the infrastructure manager only if it can be demonstrated that this does not create a conflict of interest, distort competition or create undue advantages for these other entities in relation to other railway undertakings.

2013/09/26
Committee: TRAN

David Maria SASSOLI, Franco FRIGO

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 b – title

Effective independence of the staff and management responsible for performing the essential functions of the infrastructure manager within a vertically integrated undertaking

2013/09/26
Committee: TRAN

David Maria SASSOLI, Franco FRIGO

Proposal for a directive
Article 1 – point 4

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

The members of the management board and senior staff members of the infrastructure manager shall not be in the supervisory or management boards o~~r be senior staff members of any other legal entities within the vertically integrated~~f railway undertakings.

2013/09/26
Committee: TRAN

David Maria SASSOLI, Franco FRIGO

Proposal for a directive
Article 1 – point 4

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

The members of the supervisory or management boards and senior staff members of ~~the other legal entities within the vertically integrated~~railway undertakings shall not be in the management board or be senior staff members of the infrastructure manager.

2013/09/26
Committee: TRAN

David Maria SASSOLI, Franco FRIGO

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 – paragraph 3 – subparagraph 1

~~The infrastructure manager shall have a Supervisory Board which is composed of representatives of the ultimate owners of the vertically integrated undertaking.~~deleted

2013/09/26
Committee: TRAN

David Maria SASSOLI, Franco FRIGO

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
article 7 b – paragraph 4

4. For a period of ~~three year~~18 months 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 versenior staff members and staff responsible for carrying out the essentical~~ly integrated undertaking, their supervisory or management boards' members and senior staff member~~ functions shall not be entitled to hold any senior position ~~with the~~ inf ra~~structure manager~~ilway undertakings.

2013/09/23
Committee: TRAN

David Maria SASSOLI, Franco FRIGO

Proposal for a directive
Article 1 – point 4

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

5. The infrastructure manager shall have its own staff ~~and be located in separate premises from the other legal entities within the ver~~. The staff responsible for carrying out the essentical~~ly integrated undertaking. Access to information systems shall be protected to ensure the independence of the infrastructure manager~~ functions shall be located in separate premises from the railway undertakings. Internal rules or staff contracts shall clearly limit contacts with the ~~other legal entitie~~railway undertakings within the vertically integrated undertaking to official communications connected with the exercise of the functions of the infrastructure manager which are also exercised in relation to other railway undertakings outside the vertically integrated undertaking. Transfers of staff other than those referred to under point (c) between the infrastructure manager and the other legal entities within the vertically integrated undertaking shall only be possible if it can be ensured that sensitive information will not be passed on between them.

2013/09/23
Committee: TRAN

David Maria SASSOLI, Franco FRIGO

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 b – paragraph 6

6. The infrastructure manager shall have the necessary organisational capacity to perform all of its functions independently from the ~~other legal entities~~railway undertaking within the vertically integrated ~~undertaking~~structure and shall not be allowed to delegate to th~~ese legal entities~~at undertaking the operation of these functions or any activities related to it~~hem~~.

2013/09/23
Committee: TRAN

David Maria SASSOLI, Franco FRIGO

Proposal for a directive
Article 1 – point 4

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

7. The members of the ~~supervisory or~~ management boards and senior staff of the infrastructure manager shall hold no interest in ~~or receive any financial benefit, directly or indirectly, from any other legal entitie~~the railway undertakings within the vertically integrated undertaking. Performance-based elements of their remuneration shall not depend on the business results of any other legal entities within the vertically integrated undertaking or any legal entities under its control, but ~~exclusively~~ on those of the infrastructure manager and on the overall results of the railway system in terms of traffic volume, performance and safety.

2013/09/23
Committee: TRAN

David Maria SASSOLI, Franco FRIGO

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
article 7 e – paragraph 1 – subparagraph 1

Member States shall ensure that infrastructure managers participate and cooperate in a network to develop the Union rail infrastructure, in particular to ensure (i)timely and efficient implementation of the trans-European transport network, including the core network corridors, rail freight corridors according to Regulation (EU) No 913/2010 and the European Rail Traffic Management System (ERTMS) deployment plan laid down in Decision 2012/88/EU , and (ii) the facilitation of efficient and effective cross border passenger services within the EU. a) The network shall also develop common framework principles for charging where a cross border passenger service will or does operate on more than one network as defined in Article 37 and for allocation of capacity as defined in Article 40. b) These common principles shall be subject to the opinion of the network of regulatory bodies referred to in [new Article 57-3bis]. The principles shall be published by the network of infrastructure managers. c) Where an applicant believes that the principles adopted according to Article 7e 1 ter are hindering the development of cross-border services, it may submit a request for a regulatory opinion directly to the Network of regulatory bodies. The network of regulatory bodies shall then issue an opinion as referred to in [new Article 57-3bis], aiming at facilitating rather than hindering cross-border services. The opinion shall be communicated to the European Network of Infrastructure Managers not later than one month after the request is received.

2013/09/23
Committee: TRAN

David Maria SASSOLI, Franco FRIGO

Proposal for a directive
Article 1 – point 6 - point d a new

Directive 2012/34/EU
Article 11 – paragraph 6 a (new)

(da) the following new paragraph 6a. is added: 6a. Competent authorities and infrastructure managers shall give advance notice to all interested parties of capacity requests pursuant to Regulation 1370/2007 that may conflict with the rights of access pursuant to Article 10 of this Directive. Interested parties shall include the operators of existing or proposed open access services on the infrastructure concerned. Advance notice shall be provided no less than [6] months prior to the proposed start date of utilisation of the requested capacity ('Proposed Utilisation Date'). Where capacity is requested and the Proposed Utilisation Date is within 6 months of the request, the competent authorities and infrastructure managers shall give the required advance notice to all interested parties within two working days of receipt of the capacity request. A Railway undertaking which operates a passenger rail service with no public subsidy or exclusive rights ('Commercial Passenger Service Operator') may request an open access economic equilibrium determination by the relevant regulatory body or bodies referred to in Article 55 if it considers that (i) the creation of a new public service contract or (ii) the alteration or extension in scope of an already existing public service contract would compromise the economic equilibrium of at least one of the Commercial Passenger Service Operator's existing open access services ('Existing Open Access Services'). For the purpose of this Article, existing open access services means any service operated by a railway undertaking with no public subsidy or exclusive rights which is (i) in operation at the time of creation of the new public service contract in question or (ii) is at the final stages of planning and due to enter into service on the route(s) concerned [in the next 12 months]. Whether the economic equilibrium of an Existing Open Access Service would be compromised shall be determined by the relevant regulatory body or bodies referred to in Article 55 on the basis of an objective economic analysis and based on pre-determined criteria, such criteria to include assessment of the risk to the economic viability of the Existing Open Access Service(s) posed by subsidised competition from public service contract(s), the overall service pattern and benefit to customers. The competent authorities, the railway undertakings providing the relevant public services and the railway undertakings providing the Existing Open Access Services shall provide the relevant regulatory body or bodies with the information reasonably required to reach a decision. The regulatory body shall consider the information provided by these parties, and, as appropriate, shall ask for relevant information from, and initiate consultation with, all relevant parties, within one month of receipt of the request. The regulatory body shall consult all the relevant parties as appropriate, and shall inform the relevant railway undertakings of its reasoned decision within a pre-determined, reasonable time, and, in any event, within six weeks of receipt of all relevant information. Should the regulatory body conclude that the creation of a new public service contract or the alteration or extension in scope of an already existing contract would compromise the economic equilibrium of the Existing Open Access Service(s), it shall make recommendations on how best to lessen the impact of the relevant public service contract(s) on the Existing Open Access Service(s).

2013/09/23
Committee: TRAN

David Maria SASSOLI, Franco FRIGO

Proposal for a directive
Article 1 – point 7

Directive 2012/34/EU
Article 13 a – paragraph 1

1. Without prejudice to Regulation (EC) No 1371/2007 and Directive 2010/40/EU, Member States may require railway undertakings operating domestic public passenger services, pursuant to Regulation (EC) No 1370/2007, to participate in a common information and integrated ticketing scheme for the supply of tickets, through- tickets and reservations or decide to give the power to competent authorities to establish such a scheme. If such a scheme is established, Member States shall ensure that it does not create market distortion or discriminate between railway undertakings and that it is managed by a public or private legal entity or an association of all railway undertakings operating public passenger services, pursuant to Regulation (EC) No 1370/2007.

2013/09/23
Committee: TRAN

David Maria SASSOLI, Franco FRIGO

Proposal for a directive
Article 1 – point 7 a (new)

Directive 2012/34/EU
Article 19 – point d a (new)

7a. The following point is added to Article 19: ‘(da). have undertaken to apply the respective collective agreements entered into with the most representative national trade union organisations, which are in force in the Member States in which the undertaking intends to operate, with reference exclusively to the product sector of reference. Should the undertaking be unable to prove that such an agreement has been applied, the competent authority may cancel its licence. Such cancellation may also be ordered after authorisation to provide the service has been obtained’.

2013/09/23
Committee: TRAN

David Maria SASSOLI, Franco FRIGO

Proposal for a directive
Article 1 – point 8 d (new)

Directive 2012/34/EU
Article 57 – paragraphs 9a, 9b, 9c, 9d (new)

8d. Article 57 is amended as follows: (a) The following new paragraph 9a is inserted: ‘9a. Where an applicant considers that the decisions of one of more infrastructure managers or bodies responsible for the essential functions are impeding the development of cross-border or European services, he may directly request an opinion on this from the network of regulatory bodies. That request will also constitute a request for a decision by the competent national regulatory body or bodies. The network may, if appropriate, ask for information from the infrastructure managers or bodies responsible for the essential functions and, in all cases, from the competent national regulatory bodies, in accordance with the procedure under Article 57(4). The network must then issue a non-binding opinion aimed at ensuring that the services forming the subject of the application are facilitated rather than impeded. The opinion must be forwarded to the competent regulatory bodies and to the applicant within one month of the request for that opinion being received. The competent regulatory bodies must consider the opinion issued by the network before reaching their decision, no later than one month after receiving the opinion issued by the network, and must also justify that decision to the applicant if it differs in any way from the opinion issued by the network.’ (b) The following new paragraph 9b is inserted: ‘9b. The network of regulatory bodies referred to in Article 57(1) shall adopt its rules of procedure by consensus or, where no consensus can be reached, by a two-thirds majority of votes cast, with each regulatory body having one vote. Networks shall elect a chairman from among their members and forward an annual report on their activities to the Commission. Networks shall elect a chairman from among their members and forward an annual report on their activities to the Commission. (c) The following new paragraph 9c is inserted: ‘9c. The Commission shall provide the secretariat for the network of regulatory bodies referred to in Article 57(1). The travel and accommodation costs incurred by their members, observers and experts shall be paid by the Commission in accordance with the Commission’s internal rules.’ (d) The following new paragraph 9d is inserted: ‘9d. The Commission shall by 31 December 2016 adopt a legislative proposal establishing the network of regulatory bodies and giving it legal personality. That network shall be transitional in nature, pending the establishment of a single European regulatory body.’

2013/09/23
Committee: TRAN

David Maria SASSOLI, Franco FRIGO

Proposal for a directive
Article 2 a (new)

The Commission shall adopt a legislative proposal establishing a single European regulatory body and rendering it operational by 31 December 2019. That body shall replace the network of national regulatory bodies referred to under Article 57.

2013/09/23
Committee: TRAN

David Maria SASSOLI, Franco FRIGO

Proposal for a directive
Article 3 – paragraph 2

2. Points 5 to 8 of Article 1 shall apply from 1 January 2018 [in time for the working timetable starting on 14 December 2019]. Prior to that date, Member States shall not in any way be required to grant the right of access under Article 10 of the Directive to railway undertakings, or entities under their direct or indirect control, registered in a Member State in which similar rights of access are not granted. For the purpose of this paragraph, ‘control’ shall be defined as consisting of rights, contracts or any other means by which, either separately or in combination, and having regard to any relevant considerations of fact or law, provide the opportunity of exerting a decisive influence on an undertaking, in particular through: (a) ownership or the right to use all or part of the assets of an undertaking; (b) rights or contracts which confer decisive influence on the composition, voting or deliberations of the social organs of an undertaking.

2013/09/23
Committee: TRAN