7 Amendments of Dominique VLASTO related to 2013/0029(COD)
Amendment 81 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Despite the implementation of the safeguards set out in Directive 2013/34/EU guaranteeing the independence of the infrastructure manager, vertically integrated undertakings could use their structure to give railway operators belonging to such undertakings an undue competitive edge.
Amendment 84 #
Proposal for a directive
Recital 10
Recital 10
(10) The existing requirements of Directive 2012/34/EU only includeotal separation (in legal, organisational and, decision-making iandependence. This does not entirely exclude the possibility of maintaining an integrated undertaking, as long as these three categories of independence are ensured. Concerning the decision-making independence it must be ensured that the appropriate safeguards exclude control of an integrated accounting terms) of infrastructure management and all undertakings over the decision-making of an infrastructure manager. However, even the full application of such safeguards does not ffering rail services on such infrastructure is the only way of guarding against anti-completely remove all the possibilities for discriminatory behaviour towards competitors which exist in the presence of a vertically integrated undertaking. In particular, the potential for cross- subsidisation still exists in integrated structures, or at least it is very difficult for regulatory bodies to control and enforce safeguards which are established to prevent such cross-subsidisation. An institutional separation of infrastructure management and transport operitive practices and of successfully building, for the benefit of all passengers, an open, non-discriminatory European rail market that is capable of stimulating technological and commercial innovation isn the most effective measure to solve these problemsrail sector.
Amendment 95 #
Proposal for a directive
Recital 11
Recital 11
(11) Member States should therefore be required to ensure that the same legal or natural person or persons are not entitled to exercise control over an infrastructure manager and, at the same time, exercise control or any right over a railway undertaking. Conversely, control over a railway undertaking should preclude the possibility of exercising control or any right over an infrastructure managerThis Directive aims to establish free and fair competition between all railway undertakings, and therefore precludes a railway undertaking from retaining a vertically integrated model as defined in Article 3.
Amendment 109 #
Proposal for a directive
Recital 13
Recital 13
(13) Despite the implementation of the safeguards guaranteeing independence vertically integrated undertakings could abuse of their structure to provide undue competitive advantages for railway operators belonging to such undertakings. For this reason, without prejudice to Article 258 of the Treaty on the Functioning of the European Union, the Commission should verify, upon request of a Member State or on its own initiative, that these safeguards are effectively implinfrastructure managemented and that any remaining distortions of competition are removedall undertakings offering railway services on that infrastructure are indeed totally separate. In case the Commission is not in a position to confirm that this has been achieved, all Member States should have the possibility to limit or revoke access rights of the integrated operators concerned.
Amendment 170 #
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 2012/34/EU
Article 3 – point 31 – introductory part
Article 3 – point 31 – introductory part
‘vertically integrated undertaking’ means an undertaking where the railway undertaking uses the infrastructure manager’s infrastructure and where:
Amendment 237 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2012/34/EU
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 546 #
Proposal for a directive
Article 1 – point 8 d (new)
Article 1 – point 8 d (new)
Directive 2012/34/EU
Article 57 – paragraph 1 – subparagraph 1 a (new)
Article 57 – paragraph 1 – subparagraph 1 a (new)
8d. In Article 57 paragraph 1, the following subparagraph is added: In the light of experience acquired through cooperation with the regulatory bodies, the Commission shall, one year after entry into force of the directive, submit a legislative proposal establishing a European regulatory body with a supervisory and arbitration function empowering it to deal with cross-border issues and hear appeals against decisions taken by national regulatory bodies.'