BETA

42 Amendments of Marita ULVSKOG related to 2013/0014(COD)

Proposal for a regulation
–

The European Parliament rejects the Commission proposal.

2013/09/20
Committee: TRAN

Proposal for a regulation
Recital 2

(2) Simultaneous pursuit of the goals of railway safety and interoperability requires substantial technical work ~~which must be led by a specialised body~~. That is why it was necessary, as part of the Second Railway Package in 2004, to ~~create~~strengthen within the existing institutional framework, and with respect for the balance of power in the Union, ~~a European agenc~~the national authority responsible for railway safety and interoperability ~~(hereinafter referred to as the Agency)~~.

2013/09/20
Committee: TRAN

Proposal for a regulation
Recital 4

(4) The Fourth Railway Package proposes important changes to improve the functioning of the Single European railway area through amendments by way of recast to Directive 2004/49/EC and Directive 2008/57/EC, both directly linked to the tasks of the Agency. Those Directives, together with this Regulation, provide in particular for performing tasks related to issuing vehicle authorisations and safety certificates at the ~~Union level. It implies a greater role of the Agency~~Member State level.

2013/09/20
Committee: TRAN

Proposal for a regulation
Recital 5

(5) The Agency should contribute to the creation and effective functioning of a Single European railway area without frontiers and guaranteeing a high level of safety while improving the competitive position of the railway sector. That should be attained by contributing, on technical matters, to the implementation of European Union legislation by enhancing the level of interoperability of railway systems and to developing a common approach to safety on the European railway system. The Agency should also perform the role of European authority responsible for issuing authorisations for placing on the market for railway vehicles and for types of vehicles, safety certificates for railway undertakings and authorisations for placing in service of trackside control- command and signalling sub-systems. Moreover, it. The Agency should monitor national railway rules and the performance of national authorities acting in the railway interoperability and safety fields.

2013/09/20
Committee: TRAN

Proposal for a regulation
Recital 6

(6) In pursuing its objectives, the Agency should take full account of the process of enlargement of the Union and of the specific constraints relating to rail links with third countries. ~~The Agency should have sole responsibility for the functions and powers assigned to it.~~

2013/09/20
Committee: TRAN

Proposal for a regulation
Recital 7

(7) The Agency, while performing its tasks, and particularly in relation to drafting recommendations, should take uptmost account of external railway expertise. This expertise should predominantly consist of professionals from the railway sector and the relevant national authorities. ~~They should form competent and representative working parties of the Agency.~~

2013/09/20
Committee: TRAN

Proposal for a regulation
Recital 9

(9) The Agency should provide independent and objective technical support, predominantly to the Commission. Directive …. [Railway Interoperability] provides the basis for drafting and revising Technical Specifications for Interoperability (TSIs) while Directive … [Railway Safety] provides the basis for drafting and revising Common Safety Methods (CSMs) and Common Safety Targets (CSTs). The continuity of the work and the development of the TSIs, CSMs and CSTs over time require a permanent technical framework and a dedicated staff of a specialised body. ~~To this end, the Agency should be responsible for providing the Commission with recommendations in relation to drafting and revising the TSIs, CSMs and CSTs.~~ The national safety organisations and regulatory bodies should be ~~equally~~ able to request an independent technical opinion from the Agency.

2013/09/20
Committee: TRAN

Proposal for a regulation
Recital 10

(10) Railway undertakings have been faced with various problems when applying for safety certificates to competent national authorities, ranging from protracting procedures and excessive costs to unfair treatment, especially of new entrants. The certificates issued in one Member State have not been unconditionally recognised in other Member States, with a detriment to the Single European rail area. In order to make the procedures for issuing safety certificates to railway undertakings more efficient and impartial, it is essential to migrate towards a single safety certificate valid throughout the Union and issued by ~~the Agency. The revised Directive … [Railway Safety Directive] provides a basis for this~~a national authority.

2013/09/20
Committee: TRAN

Proposal for a regulation
Recital 11

(11) Currently Directive 2008/57/EC provides, in the case of rail vehicles, an authorisation of placing in service in each Member State, except in specific cases. The Task Force on vehicle authorisation set up by the Commission in 2011 discussed several cases where manufacturers and railway undertakings have suffered from excessive duration and cost of the authorisation process and proposed a number of improvements. As some problems are due to the complexity of the current vehicle authorisation process, it should be simplified. Each rail vehicle should only receive one authorisation and this authorisation for placing on the market for vehicles and for types of vehicles should be issued by ~~the Agenc~~a national authority. This would bring tangible benefits for the sector by reducing the costs and time of the procedure, and would diminish the risk of potential discrimination, especially of new companies wishing to enter a railway market. ~~The revised Directive … [Railway Interoperability Directive] provides a basis for this.~~

2013/09/20
Committee: TRAN

Proposal for a regulation
Recital 12

(12) In order to further pursue the development of Single European rail area, in particular with relation to providing appropriate information to freight customers and passengers, and taking into account current involvement of the Agency, it ~~is necessary to~~could be give itn a strengthened role in the field of telematics applications. This would ensure their consistent development and swift deployment.

2013/09/20
Committee: TRAN

Proposal for a regulation
Recital 13

(13) Given the importance of the European Rail Traffic Management System (ERTMS) for the smooth development of the Single European railway area and its safety, and taking into account its fragmented development to date, it is necessary to strengthen its s overall coordination at the Union level. Therefore the Agency, ~~as the most competent Union body~~together with national authorities, should be given a more prominent role in this field to ensure consistent development of the ERTMS, to contribute to ensuring that ERTMS equipment complies with the specifications in force and to ensure that ERTMS-related European research programmes are coordinated with the development of ERTMS technical specifications. Moreover, in order to make the procedures for issuing authorisations for placing in service of trackside control- command and signalling sub-systems more efficient and impartial, it is essential to migrate towards a single authorisation valid in the Union and issued by the Agency. The revised Directive … [Railway Interoperability Directive] provides a basis for this.

2013/09/20
Committee: TRAN

Proposal for a regulation
Recital 13 a (new)

(13a) The EU wishes to prioritise long, cross-border rail corridors where international operators may use the same locomotives with the same drivers for journeys across several countries. The current lack of standardised power and signalling safety systems and the limited capacity of the rail network means that there is a need for more rapid development and interoperability of ERTMS, for example, together with national systems.

2013/09/20
Committee: TRAN

Proposal for a regulation
Recital 14

(14) Competent national authorities have been normally charging for issuing vehicle authorisations and safety certificates. With the transfer competence to the Union level, the Agency should be entitled to charge the applicants for issuing the certificates and authorisations mentioned in the preceding recitals. The level of those charges should be equal to or lower than the current average in the Union and should be determined in a delegated act to be adopted by the Commission.deleted

2013/09/20
Committee: TRAN

Proposal for a regulation
Recital 15

(15) It is a general objective that the transfer of functions and tasks from the Member States to the Agency should be done efficiently, without any reduction in the current high levels of safety. The Agency should have sufficient resources for its new tasks, and the timing of the allocation of these resources should be based on clearly defined needs. Taking into account the know-how of national authorities, in particular the National Safety Authorities, the Agency should be allowed to make appropriate use of that expertise when granting the relevant authorisations and certificates. To this end, secondment of national experts to the Agency should be encouraged.deleted

2013/09/20
Committee: TRAN

Proposal for a regulation
Recital 16

(16) Directive … [Railway Safety] and Directive … [Railway Interoperability] provide for examination of national measures from the point of view of safety and interoperability, and compatibility with competition rules. They also limit the possibility for Member States to adopt new national rules. The current system in which a large number of national rules continue to exist leads to possible conflicts with Union rules and creates a risk of insufficient transparency and disguised discrimination of foreign operators, especially the smaller and new ones. In order to migrate towards a system of truly, transparent and impartial railway rules at Union level, gradual reduction of national rules needs to be reinforced. An opinion based on independent and neutral expertise is essential at Union level. To this end, the role of the Agency needs to be strengthened.deleted

2013/09/20
Committee: TRAN

Proposal for a regulation
Recital 20

(20) The interoperability of the Trans- European network should be enhanced and the new investment projects chosen for support by the Union should be in line with the objective of interoperability set in Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the Trans-European transport network. ~~The Agency is the right institution to contribute to these objectives.~~

2013/09/20
Committee: TRAN

Proposal for a regulation
Recital 21

(21) Rolling stock maintenance is an important part of the safety system. There has been no genuine European market for the maintenance of rail equipment owing to the lack of a system for certification of maintenance workshops. This situation has been adding to the costs for the sector and results in journeys without loads. A European certification system for maintenance workshops should therefore gradually be developed and updated~~, with the Agency being the most appropriate body to propose adequate solutions to the Commission~~.

2013/09/20
Committee: TRAN

Proposal for a regulation
Recital 22

(22) The vocational qualifications required for train drivers are a major factor in both safety and interoperability in the Union. They are also a precondition for the free movement of workers in the railway industry. This question should be tackled with respect to the existing framework for social dialogue. ~~The Agency should provide the technical support necessary in order to take account of this aspect at Union level.~~

2013/09/20
Committee: TRAN

Proposal for a regulation
Recital 27

(27) Railway interoperability and safety legislation, ~~implementation guides~~ or recommendations of the Agency, may sometimes pose interpretation and other problems to the stakeholders. Proper and uniform understanding of those acts is a precondition for effective implementation of the railway acquis and the functioning of the railway market. Therefore, the Agency should actively engage in training and explanatory activities in that regard.

2013/09/20
Committee: TRAN

Proposal for a regulation
Recital 28

(28) In order to perform its tasks properly, the Agency should have legal personality and an autonomous budget funded mainly through a contribution by the Union and through fees and charges paid by applicants. In order to ensure independence in its daily management and in the opinions, recommendations and decisions which it issues, the Agency’s organisation should be transparent, the Executive Director should have full responsibility. The Agency’s staff should be independent and should represent an appropriate balance of short-term and long-term contracts, in order to maintain its organisational knowledge and business continuity while keeping necessary and on-going exchange of expertise with the railway sector.deleted

2013/09/20
Committee: TRAN

Proposal for a regulation
Recital 36

(36) Since the objectives of the action proposed, namely to establish a specialised body to formulate common solutions on matters concerning railway safety and interoperability, cannot be sufficiently achieved by the Member States by reason of the joint nature of the work to be done, and can therefore be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives,deleted

2013/09/20
Committee: TRAN

Proposal for a regulation
Recital 37

(37) In order to properly determine the level of fees and charges which ~~the Agency is~~national authorities are entitled to levy, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of articles dealing with issuing and renewal of authorisations for placing in service of trackside control- command and signalling subsystems, authorisations for placing on the market for vehicles and for types of vehicles, and safety certificates. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.

2013/09/20
Committee: TRAN

Proposal for a regulation
Recital 38

(38) In order to ensure the implementation of Articles 21 and 22 of this Regulation concerning examination of draft national rules and rules in force, implementing powers should be conferred on the Commission.deleted

2013/09/20
Committee: TRAN

Proposal for a regulation
Recital 39

(39) In order to ensure uniform conditions for the implementation of Articles 29, 30, 31, and 51 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 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers.deleted

2013/09/20
Committee: TRAN

Proposal for a regulation
Article 3 – paragraph 1 – point h

(h) issue ~~guidelines and other~~ non-binding documents facilitating application of railway interoperability and safety legislation ~~pursuant to Articles 11, 15 and 24~~.

2013/09/20
Committee: TRAN

Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1

The Agency shall set up a limited number of working parties for drawing up recommendations, in particular related to technical specifications for interoperability (TSIs), ~~common~~ safety targets ~~(CSTs) and common~~and safety methods ~~(CSMs)~~.

2013/09/20
Committee: TRAN

Proposal for a regulation
Article 10 – paragraph 1

1. The Agency may carry out visits to the Member States in order to perform its tasks, in particular those referred to in Articles 12, 21, 22, 16, 17, 27, 29, 30, 31 and 38, in accordance with the policy defined by the Management Board.deleted

2013/09/20
Committee: TRAN

Proposal for a regulation
Article 11 – paragraph 3

3. The Agency may issue ~~guidelines and other~~ non-binding documents to facilitate the implementation of railway safety legislation.

2013/09/20
Committee: TRAN

Proposal for a regulation
Article 12

~~The Agency shall issue single safety certificates in accordance with~~ Articles 1~~0 and 11 of Directive … [the Safety Directive].~~2 deleted Safety certificates

2013/09/20
Committee: TRAN

Proposal for a regulation
Article 15 – paragraph 3

3. The Agency may issue ~~guidelines and other~~ non-binding documents to facilitate the implementation of railway interoperability legislation.

2013/09/20
Committee: TRAN

Proposal for a regulation
Article 16 – paragraph 1

~~The Agency shall issue authorisations for placing on the market for railway vehicles in accordance with Article 20 of Directive … [the Interoperability Directive].~~deleted

2013/09/20
Committee: TRAN

Proposal for a regulation
Article 17 – paragraph 1

~~The Agency shall issue authorisations for placing on the market for types of vehicles in accordance with Article 22 of Directive … [the Interoperability Directive].~~deleted

2013/09/20
Committee: TRAN

Proposal for a regulation
Article 32 – paragraph 1

1. The Agency shall perform the appropriate tasks relating to railway staff set out in Articles 4, 20, 22, 23, 25, 28, 33, 34, 35 and 37 of Directive 2007/59/EC of the European Parliament and of the Council .deleted

2013/09/20
Committee: TRAN

Proposal for a regulation
Article 32 – paragraph 2

~~2. The Agency may be requested by the Commission to perform other tasks relating to railway staff in accordance with Directive 2007/59/EC.~~deleted

2013/09/20
Committee: TRAN

Proposal for a regulation
Article 32 – paragraph 3

3. The Agency shall consult the authorities competent on railway staff issues on the tasks referred to in paragraphs 1 and 2. The Agency may promote cooperation between those authorities, including by organising appropriate meetings with their representatives.deleted

2013/09/20
Committee: TRAN

Proposal for a regulation
Article 33 – paragraph 2 – point c

~~(c) the licences issued in accordance with Directive … [Directive on the establishment of the Single European Rail Area (recast)];~~deleted

2013/09/20
Committee: TRAN

Proposal for a regulation
Article 33 – paragraph 2 – point d

~~(d) the safety certificates issued in accordance with Article 10 of Directive … [Railway Safety Directive];~~deleted

2013/09/20
Committee: TRAN

Proposal for a regulation
Article 37 – paragraph 1

1. The ~~Agency~~national authorities shall, at the Commission’s request, assist the Commission with the implementation of Union legislation aimed at enhancing the level of interoperability of railway systems and ~~at developing a common~~improving the approach to safety on the European railway system.

2013/09/20
Committee: TRAN

Proposal for a regulation
Article 39 – paragraph 1

1. On its own initiative or at the request of the Commission, Member States, candidate countries or the networks referred to in Article 34, the Agency shall engage in training and other appropriate activities concerning the application and explanation of railway interoperability and safety legislation and related Agency’s products such as registers, implementation guides or recommendations.deleted

2013/09/20
Committee: TRAN

Proposal for a regulation
Article 58 – paragraph 2 – point c

~~(c) the fees paid by applicants for, and holders of, certificates and authorisations issued by the Agency in accordance with Articles 12, 16, 17 and 18;~~deleted

2013/09/20
Committee: TRAN

Proposal for a regulation
Article 73 – paragraph 3 – point a

(a) the issuing and renewal of authorisations for placing in service of trackside control-command and signalling subsystems, authorisations for placing on the market for vehicles and for types of vehicles, including possible indication of compatibility with the networks or lines;deleted

2013/09/20
Committee: TRAN

Proposal for a regulation
Article 73 – paragraph 3 – point b

~~(b) the issuing and renewal of safety certificates;~~deleted

2013/09/20
Committee: TRAN