BETA

20 Amendments of Isabelle DURANT related to 2013/0028(COD)

Isabelle DURANT

Proposal for a regulation
Recital 1

(1) Over the past decade, the EU's motorway network has increased by 27% while its railway network in use shrunk by 2%. Against this backdrop, the growth of passenger traffic by rail has been insufficient to increase its modal share in comparison to cars and aviation~~. T~~, the 6% modal share of passenger transport for rail in the European Union has remained fairly stable~~. R~~ and rail passenger services have not kept pace with evolving needs in terms of availability and quality.

2013/09/23
Committee: TRAN

Isabelle DURANT

Proposal for a regulation
Recital 9

(9) Certain upper limits for the direct award of public service contracts need to be adapted for rail transport to the specific economic conditions under which tender procedures take place in this sector. These limits should be left for the Member States or the competent authorities to decide in application of the subsidiarity principle.

2013/09/23
Committee: TRAN

Isabelle DURANT

Proposal for a regulation
Recital 10

(10) The establishment of an Internal Market for passenger transport services by rail requires common rules on competitive tendering for public service contracts in this sector to be applied in a harmonised manner in all Member States. However, this does not mean that competitive tendering should apply by default throughout the EU, based on a standardized and formatted tendering process.

2013/09/23
Committee: TRAN

Isabelle DURANT

Proposal for a regulation
Recital 14

(14) Consistent with the internal logic of Regulation (EC) No 1370/2007, it should be made clear that the transitional period until 2 December 2019 refersred only to the obligation to organise competitive tendering procedures for public service contracts.

2013/09/23
Committee: TRAN

Isabelle DURANT

Proposal for a regulation
Recital 15

(15) Preparing railway undertakings for ~~mandatory~~the optional competitive tendering ofor public service contracts ~~requires some extra time~~and ensuring an adequate level of social protection for the staff of public service operators in the concerned Member States requires some extra time to implement the necessary labour market reforms and to allow effective and sustainable internal restructuring of companies to which such contracts werould not be directly awarded in the ~~past~~future. Transitional measures are ~~therefor~~in any case necessary for contracts directly awarded between the date of entry into force of this Regulation and 3 December 2019.

2013/09/23
Committee: TRAN

Isabelle DURANT

Proposal for a regulation
Recital 16

(16) Once opening of the market for domestic passenger transport services by rail is ~~achieved, as~~initiated, competent authorities may ~~need~~want to take measures in their jurisdictions to ensure a high level of competition by limiting the number of contracts that ithey awards to one railway undertaking, adequate provisions ~~should~~may have to be provided for.

2013/09/23
Committee: TRAN

Isabelle DURANT

Proposal for a regulation
Recital 17

(17) In order to ensure uniform conditions for the implementation of Article 5a of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers.deleted

2013/09/23
Committee: TRAN

Isabelle DURANT

Proposal for a regulation
Recital 18

(18) In the context of amendments to the Regulation (EC) No 994/98 (Enabling Regulation), the Commission proposed also an amendment of Regulation (EC) No 1370/2007 (COM(2012) 730/3). In order to harmonize the approach to block exemption regulations in the field of State aid and, in accordance with the procedures foreseen in Articles 108(4) and 109 of the Treaty, aid for the coordination of transport or reimbursement for the discharge of certain obligations inherent in the concept of a public service as referred to in Article 93 of the Treaty should be brought under the scope of the Enabling Regulation.deleted

2013/09/23
Committee: TRAN

Isabelle DURANT

Proposal for a regulation
Article 1 – point 1 – point aRegulation (EC) No. 1370/2007

Article 2 – point c

(a) Point (c) of Article 2 is replaced by the following: ‘(c) “competent local authority” means any competent authority whose geographical area of competence is not national and which covers the transport needs of an urban agglomeration or a rural district;’deleted

2013/09/23
Committee: TRAN

Isabelle DURANT

Proposal for a regulation
Article 1 – point 1 – point b

Regulation (EC) No. 1370/2007
Article 2 – point e

(b) Point (e) of Article 2 is complemented by the following: ‘The scope of public service obligations shall exclude all public transport services that go beyond of what is necessary to reap local, regional or sub-national network effects.’deleted

2013/09/23
Committee: TRAN

Isabelle DURANT

Proposal for a regulation
Article 1 – point 1 – point b a (new)

Regulation (EC) No. 1370/2007
Article 2 – point i

(ba) Point (i) of Article 2 is replaced by the following: "(i) 'public service contract' means one or more legally binding acts confirming the agreement between a competent authority and a public service operator to entrust to that public service operator the management and operation of public passenger transport services subject to public service obligations; depending on the law of the Member State, the contract may take the form of a management service contract passed between the competent authority and an established management service company or ad hoc team, following a competitive award procedure; it may also consist of a decision adopted by the competent authority: —taking the form of an individual legislative or regulatory act, or —containing conditions under which the competent authority itself provides the services or entrusts the

2013/09/23
Committee: TRAN

Isabelle DURANT

Proposal for a regulation
Article 1 – point 2

Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 1

1. Competent authorities shall establish and regularly update public passenger transport plans covering all relevant transport modes for the territory for which they are responsible. These public transport plans may compile and, where appropriate, complete and update chapters or elements of already existing plans, such as the Sustainable Urban Mobility Plans, where these are relevant. They shall define the objectives of public transport policy and the means envisaged to implement them covering all relevant transport modes for the territory for which they are responsible. They shall at least include:

2013/09/23
Committee: TRAN

Isabelle DURANT

Proposal for a regulation
Article 1 – point 2

Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 6 – point b

the maximum annual volume of a public service contract in terms of train-km shall be the higher value of either 10 million train-km or one third of the total national public rail passenger transport volume under public service contract.deleted

2013/09/23
Committee: TRAN

Isabelle DURANT

Proposal for a regulation
Article 1 – point 3 – point c

Regulation (EC) No. 1370/2007
Article 4 – paragraph 6

Where competent authorities, in accordance with national law, require public service operators to comply with certain quality and social standards or establish social and qualitative criteria, these standards and criteria shall be included or referenced in the tender documents and in the public service contracts.

2013/09/23
Committee: TRAN

Isabelle DURANT

Proposal for a regulation
Article 1 point 4 – point -a a (new)

Regulation (EC) No. 1370/2007
Article 5 – paragraph 2 – point d

(-aa) Point (d) of paragraph 2 is replaced by the following: "(d) in the absence of a competent local authority, points (a), (b) and (c) shall apply to a national authority, provided that the internal operator does not take part in competitive tenders concerning the provision of public passenger transport services organised outside the area for which the public service contract has been granted;"

2013/09/23
Committee: TRAN

Isabelle DURANT

Proposal for a regulation
Article 1 – point 4 – point -a b (new)

Regulation (EC) No. 1370/2007
Article 5 – paragraph 3

(-ab) The first sentence of paragraph 3 is replaced by: "Any competent authority which has recourse to a third party other than an internal operator, shall award public service contracts or the corresponding management service contracts on the basis of a competitive tendering procedure, except in the cases specified in paragraphs 4, 5 and 6."

2013/09/23
Committee: TRAN

Isabelle DURANT

Proposal for a regulation
Article 1 – point 4 – point a

Regulation (EC) No. 1370/2007
Article 5 – paragraph 4

(a) Paragraph 4 is replaced by the following: Unless prohibited by national law, the competent authorities may decide to award public service contracts directly: (a) where their average annual value is estimated at: less than EUR 1 000 000 or less than EUR 5 000 000 in the case of a public service contract including public transport by rail or, (b) where they concern the annual provision of less than 300 000 kilometres of public passenger transport services or less than 150 000 kilometres in the case of a public service contract including public transport by rail. In the case of a public service contract directly awarded to a small or medium- sized enterprise operating not more than 23 road vehicles, these thresholds may be increased to either an average annual value estimated at less than EUR 2 000 000 or to an annual provision of less than 600 000 kilometres of public passenger transport services.deleted

2013/09/23
Committee: TRAN

Isabelle DURANT

Proposal for a regulation
Article 1 – point 4 – point b – introductory part

(b) Paragraph 6 is ~~replac~~completed by the following:

2013/09/23
Committee: TRAN

Isabelle DURANT

Proposal for a regulation
Article 1 – point 8 – point a

Regulation (EC) No. 1370/2007
Article 8 – paragraph 2 – subparagraph 1

(a) The first subparagraph of paragraph 2 is replaced by the following: ‘2. Without prejudice to paragraph 3, the award of public service contracts by rail with the exception of other track-based modes such as metro or tramways shall comply with Article 5(3) as from 3 December 2019. All public service contracts by other track-based modes and by road must have been awarded in compliance with Article 5(3) by 3 December 2019 at the latest. During the transitional period running until 3 December 2019, Member States shall take measures to gradually comply with Article 5(3) in order to avoid serious structural problems in particular relating to transport capacity.’deleted

2013/09/23
Committee: TRAN

Isabelle DURANT

Proposal for a regulation
Article 1 – point 8 – point b

Regulation (EC) No. 1370/2007
Article 8 – paragraph 2 a (new)

(b) The following paragraph 2 a is inserted: '2a.Public service contracts for public passenger transport by rail directly awarded between 1 January 2013 and 2 December 2019 may continue until their expiry date. However they shall, in any event, not continue after 31 December 2022.'deleted

2013/09/23
Committee: TRAN