1 Amendments of Roberts ZĪLE related to 2013/0029(COD)
Amendment 445 #
Proposal for a directive
Article 1 – point 5 - point aa (new)
Article 1 – point 5 - point aa (new)
Directive 2012/34/EU
Article 10 – paragraph 2 a and 2 b (new)
Article 10 – paragraph 2 a and 2 b (new)
(aa) The following new 2a and 2b paragraphs are added: 2a A Member State shall not be required to grant any right of access to infrastructure for the purpose of operating any type of services to railway undertakings where the control belongs directly or indirectly to a person or persons from a third country or third countries where access rights to infrastructure and service facilities, on conditions that are of a similar nature to those specified in this directive, are not granted to Union undertakings. For the purposes of this paragraph, control shall be constituted by rights, contracts or any other means which, either separately or in combination and having regard to the considerations of fact or law involved, confer the possibility of exercising decisive influence on an undertaking, in particular by: (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 decisions of the organs of an undertaking. 2b (new) A Member State shall not be required to grant any right of access to infrastructure for the purpose of operating any type of services to railway undertakings established in third countries where access rights to infrastructure and service facilities, on conditions that are of a similar nature to those specified in this directive, are not granted to Union undertakings.