Activities of Isabelle DURANT related to 2010/0253(COD)
Plenary speeches (2)
Single European railway area (debate)
Single European railway area (debate)
Amendments (106)
Amendment 132 #
Proposal for a directive
Recital 2
Recital 2
Amendment 132 #
Proposal for a directive
Recital 2
Recital 2
Amendment 140 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Because of their physical and technical characteristics railways bear high safety, environmental, transport efficiency and energy saving potentials. Their central role in EU sustainable transport policy should therefore be considered as a main opportunity for EU transport policy to meet the targets of the EU 2020 and its roadmap 2050.
Amendment 140 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Because of their physical and technical characteristics railways bear high safety, environmental, transport efficiency and energy saving potentials. Their central role in EU sustainable transport policy should therefore be considered as a main opportunity for EU transport policy to meet the targets of the EU 2020 and its roadmap 2050.
Amendment 142 #
Proposal for a directive
Recital 3
Recital 3
Amendment 142 #
Proposal for a directive
Recital 3
Recital 3
Amendment 146 #
Proposal for a directive
Recital 4
Recital 4
Amendment 146 #
Proposal for a directive
Recital 4
Recital 4
Amendment 149 #
Proposal for a directive
Recital 5
Recital 5
Amendment 149 #
Proposal for a directive
Recital 5
Recital 5
Amendment 150 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Innovation in improving the railways' passenger and freight services should be achieved by a coherent concept of stronger financing for rail infrastructure, adequate regulation and step-wise opening of markets, without jeopardizing the obligations of public services and social standards within this sector. A modal shift towards this mode is a core task of future EU policy.
Amendment 150 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Innovation in improving the railways' passenger and freight services should be achieved by a coherent concept of stronger financing for rail infrastructure, adequate regulation and step-wise opening of markets, without jeopardizing the obligations of public services and social standards within this sector. A modal shift towards this mode is a core task of future EU policy.
Amendment 151 #
Proposal for a directive
Recital 6
Recital 6
(6) In order to ensure the future development and efficient operation of the railway system, a distinction should be made between the provision of transport services on the one hand, and the operation of infrastructure on the other hand. Given this situation, it is necessary for these two activities to be managed separately and to have separate accounts. as originally laid down in Article 6 of Directive 91/440 EEC and subsequently amended by Directive 2001/12/EC. Whether and to what extend Member States have so far complied with Directive 91/440 EEC and Directive 2001/12/EC is to be assessed by the Court and this legislation (recast) shall therefore not impede the ongoing infringement procedures concerning the implementation of these Directives. Given that there is no unambiguous relationship between the degree of market opening and the separation of infrastructure and railway service provisions, the purpose of this recast is to establish an open access within the EU railway network and to abolish illegal national obstacles. This recast therefore intends to clarify and make more effective the existing provisions and not to introduce new requirements in this regard.
Amendment 151 #
Proposal for a directive
Recital 6
Recital 6
(6) In order to ensure the future development and efficient operation of the railway system, a distinction should be made between the provision of transport services on the one hand, and the operation of infrastructure on the other hand. Given this situation, it is necessary for these two activities to be managed separately and to have separate accounts. as originally laid down in Article 6 of Directive 91/440 EEC and subsequently amended by Directive 2001/12/EC. Whether and to what extend Member States have so far complied with Directive 91/440 EEC and Directive 2001/12/EC is to be assessed by the Court and this legislation (recast) shall therefore not impede the ongoing infringement procedures concerning the implementation of these Directives. Given that there is no unambiguous relationship between the degree of market opening and the separation of infrastructure and railway service provisions, the purpose of this recast is to establish an open access within the EU railway network and to abolish illegal national obstacles. This recast therefore intends to clarify and make more effective the existing provisions and not to introduce new requirements in this regard.
Amendment 164 #
Proposal for a directive
Recital 7
Recital 7
Amendment 164 #
Proposal for a directive
Recital 7
Recital 7
Amendment 165 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) The interests of those employed in the railway sector are linked to a high level of social standards. Their training and working conditions must ensure a high level of service and safety. They should therefore retain their right to initiate actions in favour of upholding their social standards and improving quality of services. These actions should be announced in due time to the users and provide them with timely information on alternatives that can meet their mobility and transport needs.
Amendment 165 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) The interests of those employed in the railway sector are linked to a high level of social standards. Their training and working conditions must ensure a high level of service and safety. They should therefore retain their right to initiate actions in favour of upholding their social standards and improving quality of services. These actions should be announced in due time to the users and provide them with timely information on alternatives that can meet their mobility and transport needs.
Amendment 173 #
Proposal for a directive
Recital 11
Recital 11
Amendment 173 #
Proposal for a directive
Recital 11
Recital 11
Amendment 179 #
Proposal for a directive
Recital 12
Recital 12
Amendment 179 #
Proposal for a directive
Recital 12
Recital 12
Amendment 192 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) Market developments have shown that a crucial concern is to strengthen the role of the regulatory bodies. If they are to take centre stage in the provision of a fair environment for equitable access conditions, they need to receive the financial means as well as appropriate staffing and logistic equipment to fulfil this role.
Amendment 192 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) Market developments have shown that a crucial concern is to strengthen the role of the regulatory bodies. If they are to take centre stage in the provision of a fair environment for equitable access conditions, they need to receive the financial means as well as appropriate staffing and logistic equipment to fulfil this role.
Amendment 207 #
Proposal for a directive
Recital 22
Recital 22
Amendment 207 #
Proposal for a directive
Recital 22
Recital 22
Amendment 209 #
Proposal for a directive
Recital 23
Recital 23
(23) In order to ensure dependable and adequate services, it is necessary to ensure that, at all times, railway undertakings meet certain requirements in relation to good repute, financial fitness, social standards and professional competence.
Amendment 209 #
Proposal for a directive
Recital 23
Recital 23
(23) In order to ensure dependable and adequate services, it is necessary to ensure that, at all times, railway undertakings meet certain requirements in relation to good repute, financial fitness, social standards and professional competence.
Amendment 211 #
Proposal for a directive
Recital 24
Recital 24
Amendment 211 #
Proposal for a directive
Recital 24
Recital 24
Amendment 219 #
Proposal for a directive
Recital 27
Recital 27
Amendment 219 #
Proposal for a directive
Recital 27
Recital 27
Amendment 222 #
Proposal for a directive
Recital 28
Recital 28
Amendment 222 #
Proposal for a directive
Recital 28
Recital 28
Amendment 223 #
Proposal for a directive
Recital 29
Recital 29
Amendment 223 #
Proposal for a directive
Recital 29
Recital 29
Amendment 224 #
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29a) The concept of "fair and efficient pricing" (Commission Green Paper 1996) should in particular be applied to energy taxation, the internalisation of external costs, value-added taxes and other economic instruments. Policy should be based on the vision to stop unfair competition in disadvantage to the more sustainable transport modes.
Amendment 224 #
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29a) The concept of "fair and efficient pricing" (Commission Green Paper 1996) should in particular be applied to energy taxation, the internalisation of external costs, value-added taxes and other economic instruments. Policy should be based on the vision to stop unfair competition in disadvantage to the more sustainable transport modes.
Amendment 225 #
Proposal for a directive
Recital 32
Recital 32
Amendment 225 #
Proposal for a directive
Recital 32
Recital 32
Amendment 226 #
Proposal for a directive
Recital 34
Recital 34
Amendment 226 #
Proposal for a directive
Recital 34
Recital 34
Amendment 227 #
Proposal for a directive
Recital 35
Recital 35
Amendment 227 #
Proposal for a directive
Recital 35
Recital 35
Amendment 229 #
Proposal for a directive
Recital 37
Recital 37
Amendment 229 #
Proposal for a directive
Recital 37
Recital 37
Amendment 231 #
Proposal for a directive
Recital 38
Recital 38
Amendment 231 #
Proposal for a directive
Recital 38
Recital 38
Amendment 233 #
Proposal for a directive
Recital 39
Recital 39
Amendment 233 #
Proposal for a directive
Recital 39
Recital 39
Amendment 235 #
Proposal for a directive
Recital 41
Recital 41
Amendment 235 #
Proposal for a directive
Recital 41
Recital 41
Amendment 236 #
Proposal for a directive
Recital 50
Recital 50
Amendment 236 #
Proposal for a directive
Recital 50
Recital 50
Amendment 238 #
Proposal for a directive
Recital 51
Recital 51
Amendment 238 #
Proposal for a directive
Recital 51
Recital 51
Amendment 239 #
Proposal for a directive
Recital 52
Recital 52
Amendment 239 #
Proposal for a directive
Recital 52
Recital 52
Amendment 240 #
Proposal for a directive
Recital 53
Recital 53
(53) Increased investment in railway infrastructure - in particular existing infrastructure - is necessary and infrastructure charging schemes should provide incentives for infrastructure managers to make appropriate investments economically attractive and environmentally sustainable.
Amendment 240 #
Proposal for a directive
Recital 53
Recital 53
(53) Increased investment in railway infrastructure - in particular existing infrastructure - is necessary and infrastructure charging schemes should provide incentives for infrastructure managers to make appropriate investments economically attractive and environmentally sustainable.
Amendment 242 #
Proposal for a directive
Recital 56
Recital 56
Amendment 242 #
Proposal for a directive
Recital 56
Recital 56
Amendment 243 #
Proposal for a directive
Recital 58
Recital 58
Amendment 243 #
Proposal for a directive
Recital 58
Recital 58
Amendment 245 #
Proposal for a directive
Recital 59
Recital 59
Amendment 245 #
Proposal for a directive
Recital 59
Recital 59
Amendment 247 #
Proposal for a directive
Recital 61
Recital 61
Amendment 247 #
Proposal for a directive
Recital 61
Recital 61
Amendment 249 #
Proposal for a directive
Recital 62
Recital 62
Amendment 249 #
Proposal for a directive
Recital 62
Recital 62
Amendment 380 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 2
Article 11 – paragraph 2 – subparagraph 2
The competent authorities and the railway undertakings providing the public services shall provide the relevant regulatory body or bodies with the information reasonably required to reach a decision. The regulatory body shall consider the information provided, consulting all the relevant parties as appropriate, and shall inform the relevant parties of its reasoned decision within a pre-determined, reasonable time, and, in any case, within two month20 working days of receipt of all relevant informationthe request.
Amendment 380 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 2
Article 11 – paragraph 2 – subparagraph 2
The competent authorities and the railway undertakings providing the public services shall provide the relevant regulatory body or bodies with the information reasonably required to reach a decision. The regulatory body shall consider the information provided, consulting all the relevant parties as appropriate, and shall inform the relevant parties of its reasoned decision within a pre-determined, reasonable time, and, in any case, within two month20 working days of receipt of all relevant informationthe request.
Amendment 402 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Amendment 402 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Amendment 408 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 3
Article 13 – paragraph 2 – subparagraph 3
Requests by railway undertakings for access to the service facility may only be rejected if there are viable alternatives allowing them to operate the freight or passenger service concerned on the same route under economically acceptable conditions. The burden of proving for the existence of a viable alternative lies with the operator of the service facility. excess capacity is insufficient to make it possible to satisfy these requests for access. The operator of the service facility has to provide a justification and has to prove the unavailability of sufficient excess capacity. In case of conflict the applicant can appeal against the denial of access to the regulatory body.
Amendment 408 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 3
Article 13 – paragraph 2 – subparagraph 3
Requests by railway undertakings for access to the service facility may only be rejected if there are viable alternatives allowing them to operate the freight or passenger service concerned on the same route under economically acceptable conditions. The burden of proving for the existence of a viable alternative lies with the operator of the service facility. excess capacity is insufficient to make it possible to satisfy these requests for access. The operator of the service facility has to provide a justification and has to prove the unavailability of sufficient excess capacity. In case of conflict the applicant can appeal against the denial of access to the regulatory body.
Amendment 422 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 4
Article 13 – paragraph 2 – subparagraph 4
When the operator of the service facility encounters conflicts between different requests, he shall attempt the best possible matching of all requirements. If no viable alternative is available, and it is not possible to accommodate all requests for capacity for the relevant facility on the basis of demonstrated needs, the regulatory body referred to in Article 55 shall on its own initiative or on the basis of a complaint take appropriate action to ensure that an appropriate part of the capacity is devoted to railway undertakings other than the ones which are part of the body or firm to which the facility operator also belongs. However newly built maintenance and other technical facilities developed for specific new rolling stock may be reserved to the use of one railway undertaking for a period of five years from the start of their operationit shall use any existing excess capacity to meet the requests for access.
Amendment 422 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 4
Article 13 – paragraph 2 – subparagraph 4
When the operator of the service facility encounters conflicts between different requests, he shall attempt the best possible matching of all requirements. If no viable alternative is available, and it is not possible to accommodate all requests for capacity for the relevant facility on the basis of demonstrated needs, the regulatory body referred to in Article 55 shall on its own initiative or on the basis of a complaint take appropriate action to ensure that an appropriate part of the capacity is devoted to railway undertakings other than the ones which are part of the body or firm to which the facility operator also belongs. However newly built maintenance and other technical facilities developed for specific new rolling stock may be reserved to the use of one railway undertaking for a period of five years from the start of their operationit shall use any existing excess capacity to meet the requests for access.
Amendment 437 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 5
Article 13 – paragraph 2 – subparagraph 5
Where the service facility has not been in use for at least two consecutive years its owner shall publicise the operation of the facility as being for lease or rent or reopen the facility in case of requests.
Amendment 437 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 5
Article 13 – paragraph 2 – subparagraph 5
Where the service facility has not been in use for at least two consecutive years its owner shall publicise the operation of the facility as being for lease or rent or reopen the facility in case of requests.
Amendment 446 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Where the infrastructure manager offers any of the range of services described in Annex III, point 3 as additional services, he shall supply them upon request to railway undertakings in a non-discriminatory manner . The railway undertaking buying electricity for traction current shall be free to choose the electricity provider. Energy unit prices shall not be linked to the type or size of a railway undertaking, but should be equitable for all customers.
Amendment 446 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Where the infrastructure manager offers any of the range of services described in Annex III, point 3 as additional services, he shall supply them upon request to railway undertakings in a non-discriminatory manner . The railway undertaking buying electricity for traction current shall be free to choose the electricity provider. Energy unit prices shall not be linked to the type or size of a railway undertaking, but should be equitable for all customers.
Amendment 507 #
Proposal for a directive
Article 31 – paragraph 1 a (new)
Article 31 – paragraph 1 a (new)
1 a. Member states should make sure that taxes and charges that apply to national infrastructure access and essential facilities should be levied only in a way that is equitable with similar taxes and charges in other transport modes. The European Commission should monitor the application of this principle in order to avoid market distortions.
Amendment 507 #
Proposal for a directive
Article 31 – paragraph 1 a (new)
Article 31 – paragraph 1 a (new)
1 a. Member states should make sure that taxes and charges that apply to national infrastructure access and essential facilities should be levied only in a way that is equitable with similar taxes and charges in other transport modes. The European Commission should monitor the application of this principle in order to avoid market distortions.
Amendment 516 #
Proposal for a directive
Article 31 – paragraph 5 – subparagraph 1
Article 31 – paragraph 5 – subparagraph 1
Amendment 516 #
Proposal for a directive
Article 31 – paragraph 5 – subparagraph 1
Article 31 – paragraph 5 – subparagraph 1
Amendment 528 #
Proposal for a directive
Article 31 – paragraph 5 – subparagraph 4
Article 31 – paragraph 5 – subparagraph 4
Charging of other environmental costs which results in an increase in the overall revenue accruing to the infrastructure manager shall however be allowed only if such charging is allowed by Union legislation for road freight transport. If the charging of these environmental costs for road freight transport is not allowed by Union legislation, such modification shall not result in any overall change in revenue to the infrastructure managershould be revenue neutral for the infrastructure manager as long as similar charging is not introduced to the road sector in that particular Member State.
Amendment 528 #
Proposal for a directive
Article 31 – paragraph 5 – subparagraph 4
Article 31 – paragraph 5 – subparagraph 4
Charging of other environmental costs which results in an increase in the overall revenue accruing to the infrastructure manager shall however be allowed only if such charging is allowed by Union legislation for road freight transport. If the charging of these environmental costs for road freight transport is not allowed by Union legislation, such modification shall not result in any overall change in revenue to the infrastructure managershould be revenue neutral for the infrastructure manager as long as similar charging is not introduced to the road sector in that particular Member State.
Amendment 532 #
Proposal for a directive
Article 31 – paragraph 5 a (new)
Article 31 – paragraph 5 a (new)
5a. In order to encourage noise reduction at the source, EU rules for co-financing should be amended so as to allow the co- financing of retro-fitting rolling stock and rules on state aid should be adapted accordingly.
Amendment 532 #
Proposal for a directive
Article 31 – paragraph 5 a (new)
Article 31 – paragraph 5 a (new)
Amendment 547 #
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Infrastructure charging schemes shall encourage railway undertakings and the infrastructure manager to minimise disruption and improve the performance of the railway network through a performance scheme. This may include penalties for actions which disrupt the operation of the network, compensation for undertakings which suffer from disruption and bonuses that reward better-than-planned performance, without prejudice to any liability rules in force.
Amendment 547 #
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Infrastructure charging schemes shall encourage railway undertakings and the infrastructure manager to minimise disruption and improve the performance of the railway network through a performance scheme. This may include penalties for actions which disrupt the operation of the network, compensation for undertakings which suffer from disruption and bonuses that reward better-than-planned performance, without prejudice to any liability rules in force.
Amendment 548 #
Proposal for a directive
Article 35 – paragraph 2 a (new)
Article 35 – paragraph 2 a (new)
2 a. The Commission shall evaluate the indicative list of basic principles of the performance scheme for railway infrastructure in Annex VIII (4) after a period of 4 years.
Amendment 548 #
Proposal for a directive
Article 35 – paragraph 2 a (new)
Article 35 – paragraph 2 a (new)
Amendment 557 #
Proposal for a directive
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The Commission and representatives of the regulatory bodies, which co-operate according to Article 57, shall be informed of and invited to attend as observers all meetings at which common principles and practices for the allocation of infrastructure are developed. In the case of IT-based allocation systems, the regulatory bodies shall receive sufficient information from these systems to allow them to perform their regulatory supervision in accordance with the provisions of Article 56.
Amendment 557 #
Proposal for a directive
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The Commission and representatives of the regulatory bodies, which co-operate according to Article 57, shall be informed of and invited to attend as observers all meetings at which common principles and practices for the allocation of infrastructure are developed. In the case of IT-based allocation systems, the regulatory bodies shall receive sufficient information from these systems to allow them to perform their regulatory supervision in accordance with the provisions of Article 56.
Amendment 611 #
Proposal for a directive
Article 56 – paragraph 5 – subparagraph 1
Article 56 – paragraph 5 – subparagraph 1
The regulatory body shall be required to decide on any complaints and take action to remedy the situation within a maximum period of two month20 working days from receipt of all informationthe complaint. Where appropriate, it shall decide on its own initiative on appropriate measures to correct undesirable developments in these markets, in particular with reference to points (a) to (g) of paragraph 1.
Amendment 611 #
Proposal for a directive
Article 56 – paragraph 5 – subparagraph 1
Article 56 – paragraph 5 – subparagraph 1
The regulatory body shall be required to decide on any complaints and take action to remedy the situation within a maximum period of two month20 working days from receipt of all informationthe complaint. Where appropriate, it shall decide on its own initiative on appropriate measures to correct undesirable developments in these markets, in particular with reference to points (a) to (g) of paragraph 1.
Amendment 617 #
Proposal for a directive
Article 56 – paragraph 5 a (new)
Article 56 – paragraph 5 a (new)
5 a. In the event of conflicts concerning decisions by the regulatory bodies for cross-border transport services, any of the concerned parties may appeal to the European Commission to obtain a binding decision on the compatibility of the decision in question with the EU law. The European Commission should name a responsible service for such appeals no later than three months after the publication of this Directive in the Official Journal. The responsible service shall take a binding decision on the appeal within 20 working days of receipt of the appeal. This arrangement should be evaluated after two years and might lead to the extension of the responsibilities of the responsible Commission service.
Amendment 617 #
Proposal for a directive
Article 56 – paragraph 5 a (new)
Article 56 – paragraph 5 a (new)
5 a. In the event of conflicts concerning decisions by the regulatory bodies for cross-border transport services, any of the concerned parties may appeal to the European Commission to obtain a binding decision on the compatibility of the decision in question with the EU law. The European Commission should name a responsible service for such appeals no later than three months after the publication of this Directive in the Official Journal. The responsible service shall take a binding decision on the appeal within 20 working days of receipt of the appeal. This arrangement should be evaluated after two years and might lead to the extension of the responsibilities of the responsible Commission service.
Amendment 636 #
Proposal for a directive
Article 57 – paragraph 7 – subparagraph 2
Article 57 – paragraph 7 – subparagraph 2
Amendment 636 #
Proposal for a directive
Article 57 – paragraph 7 – subparagraph 2
Article 57 – paragraph 7 – subparagraph 2
Amendment 700 #
Proposal for a directive
Annex 7 – point 9
Annex 7 – point 9
9. rules for dealing with major disruptions of operations and emergency situations, including a minimum service level in case of strikes, if any, and early termination of the contractual agreement, and information of users;. These shall also include the timely information of users. In case of actions as a result of social conflicts e.g. strikes, there should be information to users at least 24 hours before these actions take place, also indicating alternative possibilities for their mobility needs.
Amendment 700 #
Proposal for a directive
Annex 7 – point 9
Annex 7 – point 9
9. rules for dealing with major disruptions of operations and emergency situations, including a minimum service level in case of strikes, if any, and early termination of the contractual agreement, and information of users;. These shall also include the timely information of users. In case of actions as a result of social conflicts e.g. strikes, there should be information to users at least 24 hours before these actions take place, also indicating alternative possibilities for their mobility needs.
Amendment 702 #
Proposal for a directive
Annex 8 – point 1 – subpoint a
Annex 8 – point 1 – subpoint a
(a) Network-wide overhead costs, inexcluding salaries and pensionlabour costs;
Amendment 702 #
Proposal for a directive
Annex 8 – point 1 – subpoint a
Annex 8 – point 1 – subpoint a
(a) Network-wide overhead costs, inexcluding salaries and pensionlabour costs;