Activities of Saïd EL KHADRAOUI related to 2013/0029(COD)
Reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area, as regards the opening of the market for domestic passenger transport services by rail and the governance of the railway infrastructure PDF (653 KB) DOC (799 KB)
Amendments (15)
Amendment 148 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) Infrastructure managers should cooperate in case of incidents or accidents with an impact on cross-border traffic to share any relevant information in order to avoid negative spill-over effects;
Amendment 149 #
Proposal for a directive
Recital 20 b (new)
Recital 20 b (new)
(20b) The regulatory body should have the competence of monitoring infrastructure maintenance works to ensure they are not undertaken in a way that leads to discrimination between railway undertakings.
Amendment 150 #
Proposal for a directive
Recital 20 c (new)
Recital 20 c (new)
(20c) The infrastructure manager within a vertically integrated undertaking should have the possibility to offer its staff certain social services in premises that are used by other entities of the vertically integrated undertaking.
Amendment 151 #
Proposal for a directive
Recital 20 d (new)
Recital 20 d (new)
(20d) The infrastructure manager within a vertically integrated undertaking should be allowed to cooperate with other entities of the vertically integrated undertaking as regards the development of IT systems, subject to the approval of the regulatory body.
Amendment 152 #
Proposal for a directive
Recital 20 e (new)
Recital 20 e (new)
(20e) The conditions for offering tickets, through tickets and reservations throughout the Union as provided for in Article 9 of Regulation (EC) No 1371/2007 should be considered fulfilled once the common travel information and ticketing scheme is set up by 12 December 2020, in line with the provisions of this Directive.
Amendment 165 #
Proposal for a directive
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Amendment 324 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 b – paragraph 4
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. Senior staff members may be transferred between the different entities of a vertically integrated undertaking subject to prior approval of the regulatory body referred to in Article 55 which shall verify the absence of conflicts of interest and the absence of risk that sensitive information are passed on between them.
Amendment 331 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
5. The infrastructure manager shall have its own staff and be located in separate premises from the other legal entities within the vertically integrated undertaking. Access to information systems shall be protected to ensure the independence of the infrastructure manager. Internal rules or staff contracts shall clearly limit contacts with the other legal entities 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. Notwithstanding this obligation, the infrastructure manager may offer to its staff social services, such as those provided in schools, kindergartens, sport centres and restaurants, in premises used by the other legal entities within the vertically integrated undertaking.
Amendment 443 #
Proposal for a directive
Article 1 – point 5 – point a
Article 1 – point 5 – point a
Directive 2012/34/EU
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Railway undertakings shall be granted, under equitable, non-discriminatory and transparent conditions, the right of access to railway infrastructure in all Member States for the purpose of operating all types of rail passenger services. Railway undertakings shall have the right to pick up passengers at any station and set them down at another. That right shall include access to infrastructure connecting service facilities referred to in point 2 of Annex II. Without prejudice to international passenger services, this provision shall not require a Member State to grant the right of access to railway undertakings and their directly or indirectly controlled subsidiaries, licensed in a Member State where access rights of a similar nature are not granted.
Amendment 479 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2012/34/EU
Article 13 a – paragraph 1
Article 13 a – paragraph 1
1. Without prejudice toAll timetabling data shall be considered public data and be made available accordingly. Notwithstanding Regulation (EC) No 1371/2007 and Directive 2010/40/EU, Member States mayshall require railway undertakings to cooperating domestic passenger servicese in setting up by 12 December 2020 a common travel information and ticketing scheme for the supply of tickets, through-tickets and reservations for all passenger services operated on their territory, or shall decide to empower relevant authorities to establish such a scheme. The scheme shall not create market distortion or discriminate between railway undertakings, and shall be managed by a public or private legal entity or an association of all railway undertakings operating passenger services. The relevant infrastructure manager shall contribute to the scheme as far as this is necessary in order to obtain information on train movements. Member States may also require railway undertakings and providers of passenger transport by other modes of transport to participate in a common interoperable travel information and integrated ticketing scheme for the supply of tickets, through- tickets and reservations or decide to give the power to competerelevant 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 other providers of passenger transport and that it is managed by a public or private legal entity or an association of all railway undertakings operating passenger services.
Amendment 516 #
Proposal for a directive
Article 1 – point 8 a (new)
Article 1 – point 8 a (new)
Directive 2012/34/EU
Article 54 – paragraph 1
Article 54 – paragraph 1
In Article 54 – paragraph 1 is replaced by the following: 1. In the event of disturbance to train movements caused by technical failure or accident the infrastructure manager shall take all necessary steps to restore the situation to normal. To that end, it shall draw up a contingency plan listing the various bodies to be informed in the event of serious incidents or serious disturbance to train movements. In case of disturbance which has a potential impact on cross-border traffic the infrastructure manager shall share any relevant information with other infrastructure managers whose network and traffic may be affected by that disturbance. The infrastructure managers concerned shall cooperate to restore the cross-border traffic to normal.
Amendment 519 #
Proposal for a directive
Article 1 – point 8 c (new)
Article 1 – point 8 c (new)
Directive 2012/34/EU
Article 56 – paragraph 1 - points ga and gb (new)
Article 56 – paragraph 1 - points ga and gb (new)
In Article 56, paragraph 1, the following points are added: '(g a) scheduled infrastructure maintenance work; (g b) unscheduled infrastructure maintenance work;'
Amendment 526 #
Proposal for a directive
Article 1 – point 8 c (new)
Article 1 – point 8 c (new)
Directive 2012/34/EU
Article 56 – paragraph 2
Article 56 – paragraph 2
In Article 56 – paragraph 2 is amended as a follows: 2. Without prejudice to the powers of the national competition authorities for securing competition in the rail services markets, the regulatory body shall have the power to monitor the competitive situation in the rail services markets and shall, in particular, control points (a) to (g b) of paragraph 1 on its own initiative and with a view to preventing discrimination against 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 against applicants.
Amendment 565 #
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Regulation (EC) 1371/2007
Article 2 – paragraph 3
Article 2 – paragraph 3
Article 1 a Regulation (EC) 1371/2007 is amended as follows: Article 2, paragraph 3 is replaced by the following: On the entry into force of this Regulation Articles 9, 10, 11, 12, 19, 20(1) and 26 shall apply to all rail passenger services throughout the Community.
Amendment 575 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. The provisions of this Directive shall not require a Member State to grant, before that date, the right of access referred to in Article 10, paragraph 2 of Directive 2012/34/EU to railway undertakings and their directly or indirectly controlled subsidiaries, licensed in a Member State where access rights of a similar nature are not granted.