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Activities of Antonio CANCIAN related to 2013/0029(COD)

Shadow reports (1)

2016/11/22
Committee: TRAN
Dossiers: 2013/0029(COD)
Documents: PDF(653 KB) DOC(799 KB)

Amendments (25)

Antonio CANCIAN

Proposal for a directive
Recital 19 a (new)

(19a) In order to ensure that a new open access passenger service contributes, on balance, to the positive development of the sector, such a service should be allowed to access the market unhindered provided that it is mainly revenue-generating rather than revenue-abstracting for the rail sector, and provided that the revenue loss for the operator under the relevant public service contract is not substantial. In that context, a mainly revenue- generating service should be understood as a service whose net benefit in terms of new rail sector revenues exceeds any losses of revenues incurred by the operator under the relevant public service contract. New rail sector revenues should be understood as revenues deriving from passenger flows that are either taken from other modes or that constitute entirely new travel flows. When estimating the revenue loss of the operator under the public service contract, the regulatory body should estimate the total decrease in revenue under the public service contract assuming the new open access entry, as compared to a baseline without the open access entry, other things assumed equal. For this assessment, the regulatory body may define a threshold. In addition, total rail passenger volume, e.g. in terms of passenger-kilometres, may also be defined as a criterion in the assessment. The competent authority that awarded the public service contract should compensate the railway undertaking performing the public service contract for the losses of revenue it incurs as a result of a new open access service until the date of expiry of the PSO contract. Where the public service contract is a framework contract consisting of several individual lots, the analysis should focus on individual lots rather than on the framework contract as a whole.

2013/09/26
Committee: TRAN

Antonio CANCIAN

Proposal for a directive
Recital 19 a (new)

(19a) In the light of the experience acquired through the new network of regulatory bodies, the Commission should bring forward a legislative proposal under which the network of regulatory bodies is replaced with a single European regulatory body that acts as a supervisor and arbitrator to settle any issues of a cross-border and international nature, and as a body for hearing appeals against decisions taken by the national regulatory authorities. This single European regulatory body should be operational by the time of the opening of the domestic rail passenger market.

2013/09/26
Committee: TRAN

Antonio CANCIAN

Proposal for a directive
Article 1 – point 1 – point c a (new)

Directive 2012/34/EU
Article 3

(ca) The following new Point 32 is added: ‘(32) Of the functions performed by the infrastructure manager, the following shall constitute essential functions: (a) decision making on train path allocation, including both the definition and the assessment of availability and the allocation of individual train paths; and (b) decision making on infrastructure charging, including determination and collection of the charges, without prejudice to Article 29(1).’

2013/09/26
Committee: TRAN

Antonio CANCIAN

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7a – paragraph 2

2. ~~Legal entitie~~Railway undertakings within the vertically integrated undertaking ~~that are active in railway transport services markets~~ shall not have any direct or indirect shareholding in the infrastructure manager. Nor shall the infrastructure manager have any direct or indirect shareholding in any ~~legal entities~~railway undertaking within the vertically integrated undertaking ~~active in railway transport services markets~~.

2013/09/26
Committee: TRAN

Antonio CANCIAN

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 a – paragraph 3

3. The infrastructure manager’s incomes may not be used in order to finance other legal entities within the vertically integrated undertaking but only in order to finance the business of the infrastructure manager and to pay dividends to the ~~ultimate~~ owner of the vertically integrated company. The infrastructure manager may not grant loans to any other legal entities within the vertically integrated undertaking~~, and no other legal entity within the vertically integrated undertaking may grant loans to the infrastructure manager~~. Any services offered by other legal entities to the infrastructure manager shall be based on contracts and be paid at market prices. The debt attributed to the infrastructure manager shall be clearly separated from the debt attributed to other legal entities within the vertically integrated undertaking, and these debts shall be serviced separately. The accounts of the infrastructure manager and of the other legal entities within the vertically integrated undertaking shall be kept in a way that ensures the fulfilment of these provisions ~~and allows for separate financial circuits for the infrastructure manager and for the other legal entities within the vertically integrated undertaking~~.

2013/09/26
Committee: TRAN

Antonio CANCIAN

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 – paragraph 4

4. Without prejudice to Article 8(4), ~~the infrastructure manager shall raise funds on the capital markets independently and not via other legal entities within the vertically integrated undertaking. O~~other legal entities within the vertically integrated undertaking shall not raise funds via the infrastructure manager.

2013/09/26
Committee: TRAN

Antonio CANCIAN

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 b – title

Effective independence of the staff and management responsible for performing the essential functions of the infrastructure manager within a vertically integrated undertaking

2013/09/26
Committee: TRAN

Antonio CANCIAN

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 – paragraph 2 – subparagraph 1

The members of the management board and senior staff members of the infrastructure manager shall not be in the ~~supervisory or~~ management boards o~~r be senior staff members of any other legal entities within the vertically integrated~~f railway undertakings.

2013/09/26
Committee: TRAN

Antonio CANCIAN

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 – paragraph 2 – subparagraph 2

The members of the ~~supervisory or~~ management boards ~~and~~or senior staff members of ~~the other legal entities within the vertically integrated~~railway undertakings shall not be in the management board or be senior staff members of the infrastructure manager.

2013/09/26
Committee: TRAN

Antonio CANCIAN

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 b – paragraph 3

3. The infrastructure manager shall have a Supervisory Board which is composed of representatives of the ultimate owners of the vertically integrated undertaking. The Supervisory Board may consult the Coordination Committee referred to under Article 7d on issues under its competence. Decisions regarding the appointment and renewal, working conditions including remuneration, and termination of the office of the management board members of the infrastructure manager shall be taken by the Supervisory Board. The identity and the conditions governing the duration and the termination of office of the persons nominated by the Supervisory Board for appointment or renewal as members of the management board of the infrastructure manager, and the reasons for any proposed decision terminating the office, shall be notified to the regulatory body referred to in Article 55. Those conditions and the decisions referred to in this paragraph shall become binding only if the regulatory body has expressly approved them. The regulatory body may object to such decisions where doubts arise as to the professional independence of a person nominated for the management board or in the case of premature termination of office of a member of the management board of the infrastructure manager. Effective rights of appeal to the regulatory body shall be granted for members of the management board who wish to enter complaints against the premature termination of the office.deleted

2013/09/26
Committee: TRAN

Antonio CANCIAN

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 – paragraph 4

4. For a period of ~~three year~~eighteen months after leaving the infrastructure manager, members of the ~~Supervisory Board or management board~~management board, the staff responsible for carrying out the essential functions and senior staff members of the infrastructure manager shall not be entitled to hold any senior position with any other legal entities within the vertically integrated undertaking. For a period of three years after leaving those other legal entities within the vertically integrated undertaking, their supervisory or management boards' members and senior staff members shall not be entitled to hold any senior position with the infrastructure manager.

2013/09/23
Committee: TRAN

Antonio CANCIAN

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 b – paragraph 5

5. The infrastructure manager shall have its own staff and be located in separate premises from the ~~other legal entitie~~railway undertakings within the vertically integrated undertaking. ~~Access to information systems shall be protected to ensure the independence of the infrastructure manager.~~ Internal rules or staff contracts shall clearly limit contacts with the ~~other legal entitie~~railway undertakings within the vertically integrated undertaking to official communications connected with the exercise of the functions of the infrastructure manager which are also exercised in relation to other railway undertakings outside the vertically integrated undertaking. Transfers of staff other than those referred to under point (c) between the infrastructure manager and the other legal entities within the vertically integrated undertaking shall only be possible if it can be ensured that sensitive information will not be passed on between them.

2013/09/23
Committee: TRAN

Antonio CANCIAN

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 b – paragraph 6

6. The infrastructure manager shall have the necessary organisational capacity to perform all of its functions independently from the other legal entities within the vertically integrated undertaking and shall not be allowed to delegate to these legal entities the operation of these functions or any activities related to them.

2013/09/23
Committee: TRAN

Antonio CANCIAN

Proposal for a directive
Article 1 – point 4

Directive 2012/34/EU
Article 7 b – paragraph 7

7. The members of the ~~supervisory or~~ management boards and senior staff of the infrastructure manager shall hold no interest in ~~or receive any financial benefit, directly or indirectly, from~~ any other legal entities within the vertically integrated undertaking. Performance-based elements of their remuneration shall not depend on the business results of any other legal entities within the vertically integrated undertaking or any legal entities under its control, but exclusively on th~~ose of the infrastructure manager~~e overall results of the railway system in terms of traffic volume, performance and safety.

2013/09/23
Committee: TRAN

Antonio CANCIAN

Proposal for a directive
Article 1 – point 5 – point a a (new)

Directive 2012/34/EU
Article 10 – paragraph 2 a (new)

(aa) The following paragraph is added: ‘2a. Member States must not be required to grant any right of access to undertakings which are directly or indirectly controlled by any person or persons from a third country or countries in which rights of access to infrastructure and service facilities, similar to those set out in this Directive, are not granted to Union undertakings. For the purpose of this paragraph, ‘control’ shall be defined as consisting of rights, contracts or any other means by which, either separately or in combination, and having regard to any relevant considerations of fact or law, provide the opportunity of exerting a decisive influence on an undertaking, in particular through: (a) ownership or the right to use all or part of the assets of an undertaking; (b) rights or contracts which confer decisive influence on the composition, voting or deliberations of the social organs of an undertaking.’

2013/09/23
Committee: TRAN

Antonio CANCIAN

Proposal for a directive
Article 1 – point 6 – point a

Directive 2012/34/EU
Article 11 – paragraph 1

1. Member States may limit the right of access provided for in Article 10(2) to passenger services between a given place of departure and a given destination when one or more public service contracts cover the same route or an alternative route if the exercise of this right would compromise the economic equilibrium of the public service contract or contracts in question. Competent authorities and infrastructure managers shall give advance notice to all interested parties of capacity requests pursuant to Regulation 1370/2007 that may conflict with the rights of access pursuant to Article 10 of this Directive. All passenger services that are not part of a public service contract shall be referred to as open access services. If a competent authority creates a new public service contract, or extends the scope of an existing one, in the sense of using more infrastructure capacity than was previously used, the undertakings that provide existing open access services which may be affected by that decision shall not be subject to any limitations in access rights. These undertakings shall receive advance notice of the decision and, if justified, financial compensation based on a decision of the regulatory body, based on a procedure analogous to the one defined in this article for determining a prejudice to economic equilibrium

2013/09/23
Committee: TRAN

Antonio CANCIAN

Proposal for a directive
Article 1 – point 6 – point b

Directive 2012/34/EU
Article 11 – paragraph 2 - subparagraph 2a (new)

The relevant regulatory body shall also carry out the economic analysis and issue the reasoned decision referred to in this paragraph following a request from the railway undertaking seeking access, provided that the request is submitted not more than a reasonable number of years before the intended start of service. Without prejudice to paragraph 3, the decision of the regulatory body shall be binding on all parties concerned for a reasonable number of years after its notification, or until the expiry date of the public service contract, whichever is sooner. The economic equilibrium of the public service contract shall not be deemed to be compromised if the regulatory body predicts that the prospective new service shall be mainly revenue-generating rather than revenue- abstracting for the rail sector, and that the revenue loss for the set of services under the public service contract or contracts, if any, shall not be substantial. The competent authority that awarded the public service contract shall compensate the railway undertaking performing the public service contract for the losses of revenue it incurs as a result of the new service until the date of expiry of the PSO contract.

2013/09/23
Committee: TRAN

Antonio CANCIAN

Proposal for a directive
Article 1 – point 7

Directive 2012/34/EU
Article 13 a – paragraph 1

1. WAfter a period of five years following entry into force of this Directive, the Commission shall report to the European Parliament and the Council on the potential ticketing fragmentation between services under Public Service Obligations in each Member State. On the basis of this assessment, and without prejudice to Regulation (EC) No 1371/2007 and Directive 2010/40/EU, the Commission may submit a legislative proposal allowing Member States ~~may~~to require railway undertakings operating domestic passenger services under Public Service Obligations to participate in in a common information and integrated ticketing scheme for the supply of tickets, through- tickets and reservations or decide to give the power to competent authorities to establish such a scheme. ~~If such a scheme is established, Member Stat~~Other railway undertakings shall have access to these s~~hall ensure that it does not create market distortion or discriminate between railway undertaking~~chemes on a free basis and free of charge for the purpose of selling tickets for services aund ~~that it is managed by a public or private legal entity or an association of all railway undertakings operating passenger~~er Public Service Obligations as an add-on to their own services.

2013/09/23
Committee: TRAN

Antonio CANCIAN

Proposal for a directive
Article 1 – point 7

Directive 2012/34/EU
Article 13 – paragraph 2

2. Member States shall ~~require railway undertakings operating passenger services to put in place and coordinate~~set up, and coordinate with respect to major EU routes, national contingency plans to provide assistance to passengers, in the ~~sense of Article 18 of Regulation (EC) No 1371/2007, in the event of a major disruption to service~~event of a major disruption to services triggered by natural or man-made disasters. Each railway undertaking operating passenger services and station manager shall put in place its own contingency plan in accordance with national contingency plans.

2013/09/23
Committee: TRAN

Antonio CANCIAN

Proposal for a directive
Article 1 – point 8

Directive 2012/34/EU
Article 38 – paragraph 4

4. Where an applicant intends to request infrastructure capacity with a view to operating a passenger service, it shall inform the infrastructure managers and the regulatory bodies concerned ~~no less than~~according to deadlines specified by the Member States. The deadlines specified by Member States shall not exceed 18 months before the entry into force of the working timetable to which the request for capacity relates. In order to enable regulatory bodies concerned to assess the potential economic impact on existing public service contracts, regulatory bodies shall ensure that any competent authority that has awarded a rail passenger service on that route defined in a public service contract, any other interested competent authority with the right to limit access under Article 11 and any railway undertaking performing the public service contract on the route of that passenger service is informed without undue delay and at the latest within five days. The regulatory bodies concerned shall not transmit to any third party any commercial data other than the origin, destination and intermediate stops of the service for which capacity is requested.

2013/09/23
Committee: TRAN

Antonio CANCIAN

Proposal for a directive
Article 1 – point 8 c (new)

Directive 34/2012
Article 56 – paragraph 1 - points ga and gb (new)

In Article 56 paragraph 1 the following points are added: (ga) scheduled maintenance work (gb) unscheduled maintenance work

2013/09/23
Committee: TRAN

Antonio CANCIAN

Proposal for a directive
Article 1 – point 8 d (new)

Directive 2012/34/EU
Article 57 - paragraphs 9a, 9b, 9c, 9d (new)

8d. Article 57 is amended as follows: (a) The following new paragraph 9a is inserted: ‘9a. Where an applicant considers that the decisions of one of more infrastructure managers or bodies responsible for the essential functions are impeding the development of cross-border or pan-European services, he may directly request an opinion on this from the network of regulatory bodies. That request will also constitute a request for a decision by the competent national regulatory body or bodies. The network may, if appropriate, ask for information from the infrastructure managers or bodies responsible for the essential functions and, in all cases, from the competent national regulatory bodies, in accordance with the procedure under Article 57(4). The network must then issue a non-binding opinion aimed at ensuring that the services forming the subject of the application are facilitated rather than impeded. The opinion must be forwarded to the competent regulatory bodies and to the applicant within one month of the request for that opinion being received. The competent regulatory bodies must consider the opinion issued by the network before reaching their decision, no later than one month after receiving the opinion issued by the network, and must also justify that decision to the applicant if it differs in any way from the opinion issued by the network.’ (b) The following new paragraph 9b is inserted: ‘9b. The network of regulatory bodies referred to in Article 57(1) shall adopt its rules of procedure by consensus or, where no consensus can be reached, by a two-thirds majority of votes cast, with each regulatory body having one vote. Networks shall elect a chairman from among their members and forward an annual report on their activities to the Commission. The Commission shall forward these annual reports to the European Parliament and the Council, along with any remarks it deems appropriate.’ (c) The following new paragraph 9c is inserted: ‘9c. The Commission shall provide the secretariat for the network of regulatory bodies referred to in Article 57(1). The travel and accommodation costs incurred by their members, observers and experts shall be paid by the Commission in accordance with Commission’s internal rules.’ (d) The following new paragraph 9d is inserted: ‘9d. The Commission shall by 31 December 2016 adopt a legislative proposal establishing the network of regulatory bodies and giving it legal personality. That network shall be transitional in nature, pending the establishment of a single European regulatory body.’

2013/09/23
Committee: TRAN

Antonio CANCIAN

Proposal for a directive
Article 1 – point 9

Directive 2012/34/EU
Article 63 – paragraph 1 – subparagraph 1

By 31 December 2024, the Commission shall evaluate the impact of this Directive on the rail sector and shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions a report on its implementation. That evaluation shall take into account the views expressed by the European Regulatory Body on whether discriminatory practices or other types of distortion of competition persist.

2013/09/23
Committee: TRAN

Antonio CANCIAN

Proposal for a directive
Article 2 a (new)

8i. The Commission shall adopt a legislative proposal establishing a single European regulatory body and rendering it operational by 31 December 2019. That body shall replace the network of national regulatory bodies referred to under Article 57.

2013/09/23
Committee: TRAN

Antonio CANCIAN

Proposal for a directive
Article 3 – paragraph 2

2. Points 5 to 8 of Article 1 shall apply from 1 January 20187 [in time for the working timetable starting on 14 December 20198]. The provisions of this Directive shall not require a Member State to grant, before that date, the right of access referred to in Article 10 of this directive to railway undertakings and their directly or indirectly controlled subsidiaries, licensed in a Member State where access rights of a similar nature are not granted. For the purposes of this paragraph, control shall be constituted by rights, contracts or any other means which, either separately or in combination and having regard to the considerations of fact or law involved, confer the possibility of exercising decisive influence on an undertaking, in particular by: (a) ownership or the right to use all or part of the assets of an undertaking; (b) rights or contracts which confer decisive influence on the composition, voting or decisions of the organs of an undertaking.

2013/09/23
Committee: TRAN