44 Amendments of Massimiliano SALINI related to 2023/0271(COD)
Amendment 200 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Likewise, in alignment with ENIM, there is a need to enhance the role of Railway undertakings and applicants, establishing a new framework known as the European Railway Undertaking Platform ("ERUP").
Amendment 200 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Likewise, in alignment with ENIM, there is a need to enhance the role of Railway undertakings and applicants, establishing a new framework known as the European Railway Undertaking Platform ("ERUP").
Amendment 244 #
Proposal for a regulation
Article 4 – paragraph 2 – point 3
Article 4 – paragraph 2 – point 3
(3) ‘operational stakeholder’ means an applicant, railway undertaking, association of applicants, infrastructure manager, rail service facility operator, provider of rail- related services and any other entity directly involved in operating a rail transport service;
Amendment 244 #
Proposal for a regulation
Article 4 – paragraph 2 – point 3
Article 4 – paragraph 2 – point 3
(3) ‘operational stakeholder’ means an applicant, railway undertaking, association of applicants, infrastructure manager, rail service facility operator, provider of rail- related services and any other entity directly involved in operating a rail transport service;
Amendment 258 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Infrastructure managers shall strive to follow common principles and procedures for the management of rail infrastructure capacity. For this purpose, ENIM shall develop, consult with ERUP before the adoption and adopt a ‘European framework for capacity management’ in accordance with the provisions of Chapter II by [12 months of the entry into force of this Regulation].
Amendment 258 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Infrastructure managers shall strive to follow common principles and procedures for the management of rail infrastructure capacity. For this purpose, ENIM shall develop, consult with ERUP before the adoption and adopt a ‘European framework for capacity management’ in accordance with the provisions of Chapter II by [12 months of the entry into force of this Regulation].
Amendment 272 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Without prejudice to State aid rules, Member States mayshall, where appropriate, grant the infrastructure manager compensation corresponding to losses of revenue related exclusively to the need to comply with the strategic guidance regarding the use of rail infrastructure capacity.
Amendment 272 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Without prejudice to State aid rules, Member States mayshall, where appropriate, grant the infrastructure manager compensation corresponding to losses of revenue related exclusively to the need to comply with the strategic guidance regarding the use of rail infrastructure capacity.
Amendment 282 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. ENIM shall develop and consult with ERUP the methodologies referred to in paragraph 5, point b. The parameters of those methodologies shall make it possible to take into account local or national circumstances based on accepted approaches and empirical evidence. ENIM shall include those methodologies in the European framework for capacity management referred to in Article 6.
Amendment 282 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. ENIM shall develop and consult with ERUP the methodologies referred to in paragraph 5, point b. The parameters of those methodologies shall make it possible to take into account local or national circumstances based on accepted approaches and empirical evidence. ENIM shall include those methodologies in the European framework for capacity management referred to in Article 6.
Amendment 291 #
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 infrastructure manager shall be provided by the member state with reliable and forward-planned financial support over a rolling period of at least 5 years for the maintenance, renovation, and creation of rail infrastructure. The amount of money available to the infrastructure manager per year shall be made transparent to the infrastructure manager.
Amendment 291 #
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 infrastructure manager shall be provided by the member state with reliable and forward-planned financial support over a rolling period of at least 5 years for the maintenance, renovation, and creation of rail infrastructure. The amount of money available to the infrastructure manager per year shall be made transparent to the infrastructure manager.
Amendment 297 #
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. In order to achieve the goal of this balance, Member State shall provide to the infrastructure manager a multiannual funding to support it. The information needed for the infrastructure manager to comply with this provision shall be provided by applicants in a timely manner.
Amendment 297 #
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. In order to achieve the goal of this balance, Member State shall provide to the infrastructure manager a multiannual funding to support it. The information needed for the infrastructure manager to comply with this provision shall be provided by applicants in a timely manner.
Amendment 306 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
If necessary, in the light of experience gained in the implementation of this Regulation, ENIM in collaboration with ERUP may define a more detailed list which further differentiates between types of rail transport services. With a view to supporting the cross-border consistency of the strategic planning process, a harmonised list shall be included in the European framework for capacity management referred to in Article 6.
Amendment 306 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
If necessary, in the light of experience gained in the implementation of this Regulation, ENIM in collaboration with ERUP may define a more detailed list which further differentiates between types of rail transport services. With a view to supporting the cross-border consistency of the strategic planning process, a harmonised list shall be included in the European framework for capacity management referred to in Article 6.
Amendment 341 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. ENIM shall consult applicants, ERUP, customers of rail transport services and their associations, national and EU public authorities on the terms of reference for the study, in particular as regards the purpose of the study and the process for stakeholder involvement. The stakeholder participation should encompass the opportunity for operational stakeholders to provide input on the study and to offer independent comments on the findings.
Amendment 341 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. ENIM shall consult applicants, ERUP, customers of rail transport services and their associations, national and EU public authorities on the terms of reference for the study, in particular as regards the purpose of the study and the process for stakeholder involvement. The stakeholder participation should encompass the opportunity for operational stakeholders to provide input on the study and to offer independent comments on the findings.
Amendment 369 #
Proposal for a regulation
Article 18 – paragraph 10 – introductory part
Article 18 – paragraph 10 – introductory part
10. ENIM in consultation with ERUP shall adopt guidelines and include them in the European framework for capacity management referred to in Article 6, setting out the following:
Amendment 369 #
Proposal for a regulation
Article 18 – paragraph 10 – introductory part
Article 18 – paragraph 10 – introductory part
10. ENIM in consultation with ERUP shall adopt guidelines and include them in the European framework for capacity management referred to in Article 6, setting out the following:
Amendment 380 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. ENIM in consultation with ERUP shall develop a common framework for the criteria and procedures referred to in paragraph 1 and include it in the European framework for capacity management referred to in Article 6. That common framework shall balance the benefits of reserving capacity for specific types of rail services or allocation processes with the need to ensuring flexibility to accommodate market needs in capacity allocation. For that purpose, the common framework shall provide for the possibility of taking into account requests for capacity rights not consistent with pre- planned capacity in the context of the consensual conflict resolution mechanism referred to in Article 36.
Amendment 380 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. ENIM in consultation with ERUP shall develop a common framework for the criteria and procedures referred to in paragraph 1 and include it in the European framework for capacity management referred to in Article 6. That common framework shall balance the benefits of reserving capacity for specific types of rail services or allocation processes with the need to ensuring flexibility to accommodate market needs in capacity allocation. For that purpose, the common framework shall provide for the possibility of taking into account requests for capacity rights not consistent with pre- planned capacity in the context of the consensual conflict resolution mechanism referred to in Article 36.
Amendment 383 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. ENIM shall develop and adopt formal specifications for capacity planning objects in human-readable and in machine- readable format. ENIM shall include these specifications in the European framework for capacity management referred to in Article 6. Based on its experience in applying this Article, ENIM, after consultation with ERUP, shall provide information to the Commission on possible amendments to the technical specifications on interoperability as provided for by Directive (EU) 2016/797 and the implementing acts adopted under that Directive, in accordance with Article 62(3) of this Regulation.
Amendment 383 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. ENIM shall develop and adopt formal specifications for capacity planning objects in human-readable and in machine- readable format. ENIM shall include these specifications in the European framework for capacity management referred to in Article 6. Based on its experience in applying this Article, ENIM, after consultation with ERUP, shall provide information to the Commission on possible amendments to the technical specifications on interoperability as provided for by Directive (EU) 2016/797 and the implementing acts adopted under that Directive, in accordance with Article 62(3) of this Regulation.
Amendment 407 #
Proposal for a regulation
Article 27 – paragraph 6 – subparagraph 1
Article 27 – paragraph 6 – subparagraph 1
The infrastructure manager shall cancel a capacity right which, over a period of at least one month, has been used less than a threshold quota, to be laid down in the network statement, unless this was due to non-economic reasons beyond the applicant's control. ENIM shall consult with ERUP and define ranges for the threshold quota and include them in the European framework for capacity management referred to in Article 6.
Amendment 407 #
Proposal for a regulation
Article 27 – paragraph 6 – subparagraph 1
Article 27 – paragraph 6 – subparagraph 1
The infrastructure manager shall cancel a capacity right which, over a period of at least one month, has been used less than a threshold quota, to be laid down in the network statement, unless this was due to non-economic reasons beyond the applicant's control. ENIM shall consult with ERUP and define ranges for the threshold quota and include them in the European framework for capacity management referred to in Article 6.
Amendment 419 #
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
5. ENIM, in consultation with ERUP, shall define the detailed procedures and methods to implement this Article and the minimum quality requirements referred to in paragraph 2(b) and include them in the European framework for capacity management referred to in Article 6.
Amendment 419 #
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
5. ENIM, in consultation with ERUP, shall define the detailed procedures and methods to implement this Article and the minimum quality requirements referred to in paragraph 2(b) and include them in the European framework for capacity management referred to in Article 6.
Amendment 466 #
Proposal for a regulation
Article 36 – paragraph 8
Article 36 – paragraph 8
8. ENIM, in consultation with ERUP, shall prepare guidelines for the consensual conflict resolution mechanism for multi- network capacity requests and include them in the European framework for capacity management referred to in Article 6.
Amendment 466 #
Proposal for a regulation
Article 36 – paragraph 8
Article 36 – paragraph 8
8. ENIM, in consultation with ERUP, shall prepare guidelines for the consensual conflict resolution mechanism for multi- network capacity requests and include them in the European framework for capacity management referred to in Article 6.
Amendment 473 #
Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 2
Article 39 – paragraph 3 – subparagraph 2
Amendment 473 #
Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 2
Article 39 – paragraph 3 – subparagraph 2
Amendment 483 #
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. Following a consultation of the ENRRB and ERUP, ENIM shall define harmonised conditions giving rise to compensation. Those conditions shall take into account the rules set out in Article 39(4) and (8). ENIM shall include these conditions in the European framework for capacity management referred to in Article 6. The ENRRB shall publish an opinion on the conditions defined by ENIM.
Amendment 483 #
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. Following a consultation of the ENRRB and ERUP, ENIM shall define harmonised conditions giving rise to compensation. Those conditions shall take into account the rules set out in Article 39(4) and (8). ENIM shall include these conditions in the European framework for capacity management referred to in Article 6. The ENRRB shall publish an opinion on the conditions defined by ENIM.
Amendment 498 #
Proposal for a regulation
Article 43 a (new)
Article 43 a (new)
Article 43a Interruptions of long duration and Incident report 1. Without prejudice to the international contingency measures as referred to in Article 46 and to the duration criteria as set out in Annex VI of this Regulation, in case of a partial or total interruption of services for more than 15 days in line stretches on the TEN- T corridors that are relevant to cross- border operations, caused by a disruption of train movements caused by a technical failure or incident, no later than 30 days from the declaration of the international disruption by the initiating IM as set out in Annex VI, the organization best placed at regional level (as provided in art. 53.2 (b)) shall request to the infrastructure managers impacted to provide an incident report including the following information : (a) all available information on the operational measures that should be activated or that have been already put in place under international contingency procedures by the impacted infrastructure manager to ensure the use of alternative routes and to allocate the disrupted rail operations, (b) all available information on the actions that the infrastructure manager responsible for the line stretch where the incident took place intends to restore regular train operations along the interrupted lines. 2. The Infrastructure Managers shall transmit the report to the above- mentioned organizations best placed at the regional level aiming at coordinating with the affected IMs and interested RUs and to the coordinators of the impacted corridors to redefine the capacity supply accordingly, no later than 30 days from the date of receiving such request unless total traffic interruption on the impacted line have been already resolved. 3. The infrastructure managers impacted by the disruption should transmit an update of the incident report to the above-mentioned organizations best placed at the regional level, and to the applicants, in case new relevant elements are available and as long as total circulation is not resolved along the line stretch affected. 4. Upon receiving the incident report and subsequent updates, the coordinators of the impacted corridors may issue and transmit to the above-mentioned organizations best placed at the regional level non-binding recommendations on improved measures to address the disruption and the traffic capacity restrictions caused by the accident.
Amendment 498 #
Proposal for a regulation
Article 43 a (new)
Article 43 a (new)
Article 43a Interruptions of long duration and Incident report 1. Without prejudice to the international contingency measures as referred to in Article 46 and to the duration criteria as set out in Annex VI of this Regulation, in case of a partial or total interruption of services for more than 15 days in line stretches on the TEN- T corridors that are relevant to cross- border operations, caused by a disruption of train movements caused by a technical failure or incident, no later than 30 days from the declaration of the international disruption by the initiating IM as set out in Annex VI, the organization best placed at regional level (as provided in art. 53.2 (b)) shall request to the infrastructure managers impacted to provide an incident report including the following information : (a) all available information on the operational measures that should be activated or that have been already put in place under international contingency procedures by the impacted infrastructure manager to ensure the use of alternative routes and to allocate the disrupted rail operations, (b) all available information on the actions that the infrastructure manager responsible for the line stretch where the incident took place intends to restore regular train operations along the interrupted lines. 2. The Infrastructure Managers shall transmit the report to the above- mentioned organizations best placed at the regional level aiming at coordinating with the affected IMs and interested RUs and to the coordinators of the impacted corridors to redefine the capacity supply accordingly, no later than 30 days from the date of receiving such request unless total traffic interruption on the impacted line have been already resolved. 3. The infrastructure managers impacted by the disruption should transmit an update of the incident report to the above-mentioned organizations best placed at the regional level, and to the applicants, in case new relevant elements are available and as long as total circulation is not resolved along the line stretch affected. 4. Upon receiving the incident report and subsequent updates, the coordinators of the impacted corridors may issue and transmit to the above-mentioned organizations best placed at the regional level non-binding recommendations on improved measures to address the disruption and the traffic capacity restrictions caused by the accident.
Amendment 535 #
Proposal for a regulation
Article 53 a (new)
Article 53 a (new)
Article 53a The Commission shall set up within 12 months after entry force of the Regulation an additional advisory group called the European Railway Undertaking Platform (ERUP). The latter, will be composed of railway undertakings and authorized applicants. Such advisory group will be empowered to provide feedbacks on ENIM proposals directly affecting these undertakings. It may also initiate opinions on its own. If these aggregated considerations are submitted in due time, ENIM shall take them into account.
Amendment 535 #
Proposal for a regulation
Article 53 a (new)
Article 53 a (new)
Article 53a The Commission shall set up within 12 months after entry force of the Regulation an additional advisory group called the European Railway Undertaking Platform (ERUP). The latter, will be composed of railway undertakings and authorized applicants. Such advisory group will be empowered to provide feedbacks on ENIM proposals directly affecting these undertakings. It may also initiate opinions on its own. If these aggregated considerations are submitted in due time, ENIM shall take them into account.
Amendment 550 #
Proposal for a regulation
Article 55 – paragraph 8 a (new)
Article 55 – paragraph 8 a (new)
8a. In the development of the European Frameworks for Capacity Management, Traffic Management, and Performance Management, ENIM shall consult with the European Railway Undertaking Platform (ERUP).
Amendment 550 #
Proposal for a regulation
Article 55 – paragraph 8 a (new)
Article 55 – paragraph 8 a (new)
8a. In the development of the European Frameworks for Capacity Management, Traffic Management, and Performance Management, ENIM shall consult with the European Railway Undertaking Platform (ERUP).
Amendment 563 #
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 1
Article 58 – paragraph 1 – subparagraph 1
The infrastructure managers shall provide ENIM with the necessary resources to perform its tasks. For this purpose, t, which are accountable for lines of the core and extended core of the TEN-T network, referred to (Article 6 and Annex I of the new TEN-T Regulation) shall provide ENIM with the necessary resources to perform its tasks. To achieve this goal, an association of IMs in Europe will carry out the responsibilities of the network coordinator. They shall appoint by [126 months after the entry into force of this Regulation] an impartial and competent entity to fulfil the functions referred to in Article 59. Such entity will be designated as a Network Coordinator. ENIM may decide to change the designated Network Coordinator, with the consent of the Commission.
Amendment 563 #
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 1
Article 58 – paragraph 1 – subparagraph 1
The infrastructure managers shall provide ENIM with the necessary resources to perform its tasks. For this purpose, t, which are accountable for lines of the core and extended core of the TEN-T network, referred to (Article 6 and Annex I of the new TEN-T Regulation) shall provide ENIM with the necessary resources to perform its tasks. To achieve this goal, an association of IMs in Europe will carry out the responsibilities of the network coordinator. They shall appoint by [126 months after the entry into force of this Regulation] an impartial and competent entity to fulfil the functions referred to in Article 59. Such entity will be designated as a Network Coordinator. ENIM may decide to change the designated Network Coordinator, with the consent of the Commission.
Amendment 580 #
Proposal for a regulation
Article 62 – paragraph 5 a (new)
Article 62 – paragraph 5 a (new)
5a. In order to comply with Article 62 (1) to (5), it is indispensable that public funding, including from the next Connecting Europe Facility to the infrastructure manager and railway undertakings, is adequate to guarantee a prompt, cross-border, harmonized, and interoperable application of digital tools and services.
Amendment 580 #
Proposal for a regulation
Article 62 – paragraph 5 a (new)
Article 62 – paragraph 5 a (new)
5a. In order to comply with Article 62 (1) to (5), it is indispensable that public funding, including from the next Connecting Europe Facility to the infrastructure manager and railway undertakings, is adequate to guarantee a prompt, cross-border, harmonized, and interoperable application of digital tools and services.