46 Amendments of Marco CAMPOMENOSI related to 2023/0271(COD)
Amendment 205 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) The role of the railway undertakings and applicants should be strengthened and a new structure established under the "European Railway Undertaking Platform" ("ERUP");
Amendment 205 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) The role of the railway undertakings and applicants should be strengthened and a new structure established under the "European Railway Undertaking Platform" ("ERUP");
Amendment 219 #
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) Public funding to the infrastructure managers and railway undertakings, including in the framework of the Connecting Europe Facility, should be sufficient to ensure a timely, cross- border harmonized and interoperable implementation of digital tools and services.
Amendment 219 #
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) Public funding to the infrastructure managers and railway undertakings, including in the framework of the Connecting Europe Facility, should be sufficient to ensure a timely, cross- border harmonized and interoperable implementation of digital tools and services.
Amendment 261 #
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 and, consult with ERUP and then 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 261 #
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 and, consult with ERUP and then 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 284 #
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 284 #
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 293 #
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. It is necessary to 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 293 #
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. It is necessary to 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 298 #
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 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 compliance with this provision.
Amendment 298 #
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 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 compliance with this provision.
Amendment 308 #
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 308 #
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 342 #
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.
Amendment 342 #
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.
Amendment 370 #
Proposal for a regulation
Article 18 – paragraph 10 – introductory part
Article 18 – paragraph 10 – introductory part
10. ENIM shall adopt guidelines in consultation with ERUP and include them in the European framework for capacity management referred to in Article 6, setting out the following:
Amendment 370 #
Proposal for a regulation
Article 18 – paragraph 10 – introductory part
Article 18 – paragraph 10 – introductory part
10. ENIM shall adopt guidelines in consultation with ERUP and include them in the European framework for capacity management referred to in Article 6, setting out the following:
Amendment 378 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. ENIM shall develop in consultation with ERUP 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 378 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. ENIM shall develop in consultation with ERUP 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 382 #
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 shall provide information to the Commission, following consultation with ERUP, 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 382 #
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 shall provide information to the Commission, following consultation with ERUP, 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 409 #
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 ERUP and define ranges for the threshold quota and include them in the European framework for capacity management referred to in Article 6.
Amendment 409 #
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 ERUP and define ranges for the threshold quota and include them in the European framework for capacity management referred to in Article 6.
Amendment 421 #
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
5. ENIM shall define in consultation with ERUP 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 421 #
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
5. ENIM shall define in consultation with ERUP 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 435 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. Infrastructure managers shall concludeguarantee that framework agreements only where the capacity right requested isare consistent with the planning documents of the strategic capacity planning referred to in Article 11(2). Infrastructure managers shallmay indicate the capacity that they plan to reserve for allocation through framework agreements in these strategic planning documents.
Amendment 435 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. Infrastructure managers shall concludeguarantee that framework agreements only where the capacity right requested isare consistent with the planning documents of the strategic capacity planning referred to in Article 11(2). Infrastructure managers shallmay indicate the capacity that they plan to reserve for allocation through framework agreements in these strategic planning documents.
Amendment 439 #
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
Amendment 439 #
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
Amendment 440 #
Proposal for a regulation
Article 31 – paragraph 6
Article 31 – paragraph 6
Amendment 440 #
Proposal for a regulation
Article 31 – paragraph 6
Article 31 – paragraph 6
Amendment 441 #
Proposal for a regulation
Article 31 – paragraph 7
Article 31 – paragraph 7
Amendment 441 #
Proposal for a regulation
Article 31 – paragraph 7
Article 31 – paragraph 7
Amendment 467 #
Proposal for a regulation
Article 36 – paragraph 8
Article 36 – paragraph 8
8. ENIM shall prepare in consultation with ERUP 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 467 #
Proposal for a regulation
Article 36 – paragraph 8
Article 36 – paragraph 8
8. ENIM shall prepare in consultation with ERUP 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 475 #
Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 2
Article 39 – paragraph 3 – subparagraph 2
Amendment 475 #
Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 2
Article 39 – paragraph 3 – subparagraph 2
Amendment 484 #
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 484 #
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 534 #
Proposal for a regulation
Article 53 a (new)
Article 53 a (new)
Article 53a European Railway Undertaking Platform (“ERUP”) The Commission shall set up within 12 months after entry into force of the Regulation a further advisory group, European Railway Undertaking Platform (“ERUP”), made up of railway undertakings and authorised applicants. This advisory group may issue opinions on any proposal by ENIM which has direct consequences for these undertakings. It may also issue own-initiative opinions. ENIM shall consider such consolidated opinions as long as these are provided in due time. ENIM shall consult with the European Railway Undertaking Platform (ERUP) in the development of the European Frameworks for Capacity Management, Traffic Management and Performance Management.
Amendment 534 #
Proposal for a regulation
Article 53 a (new)
Article 53 a (new)
Article 53a European Railway Undertaking Platform (“ERUP”) The Commission shall set up within 12 months after entry into force of the Regulation a further advisory group, European Railway Undertaking Platform (“ERUP”), made up of railway undertakings and authorised applicants. This advisory group may issue opinions on any proposal by ENIM which has direct consequences for these undertakings. It may also issue own-initiative opinions. ENIM shall consider such consolidated opinions as long as these are provided in due time. ENIM shall consult with the European Railway Undertaking Platform (ERUP) in the development of the European Frameworks for Capacity Management, Traffic Management and Performance Management.
Amendment 562 #
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 1
Article 58 – paragraph 1 – subparagraph 1
The infrastructure managers responsible for lines that form part of the core and extended core TEN-T network, referred to in [Article 6 and Annex I of new TEN-T Regulation] shall provide ENIM with the necessary resources to perform its tasks. For this purpose, the functions of the network coordinator will be executed by an association of IMs in Europe as referred to in paragraph 1. 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 entity appointed as Network Coordinator with consent of the Commission.
Amendment 562 #
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 1
Article 58 – paragraph 1 – subparagraph 1
The infrastructure managers responsible for lines that form part of the core and extended core TEN-T network, referred to in [Article 6 and Annex I of new TEN-T Regulation] shall provide ENIM with the necessary resources to perform its tasks. For this purpose, the functions of the network coordinator will be executed by an association of IMs in Europe as referred to in paragraph 1. 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 entity appointed as Network Coordinator with consent of the Commission.