Activities of Sabine WILS related to 2010/0253(COD)
Plenary speeches (2)
Single European railway area (debate)
Single European railway area (debate)
Shadow reports (2)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council establishing a single European railway area (recast) PDF (367 KB) DOC (527 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council establishing a single European railway area (recast) PDF (615 KB) DOC (955 KB)
Amendments (263)
Amendment 109 #
Proposal for a directive
Recital 14
Recital 14
Amendment 110 #
Proposal for a directive
Recital 22
Recital 22
(22) The assessment of whether the socio- economic equilibrium of the public service contract could be compromised should take into account predetermined criteria such as the impact on the profitreliability of any services which are included in a public service contract, including the resulting impacts both on the cohesion and transport policy regarding the concerned area and on the net cost to the competent public authority that awarded the contract, passenger demand, ticket pricing, ticketing arrangements, location and number of stops on both sides of the border and timing and frequency of the proposed new service. In accordance with such an assessments and the decision of the relevant regulatory body, Member States or local competent authorities should be able to authorise, modify or deny the right of access for the international passenger service sought, including the levying of a charge on the operator of a new international passenger service, in line with the economic analysis and in accordance with Union law and the principles of equality, transparency and non- discrimination.
Amendment 111 #
Proposal for a directive
Recital 27
Recital 27
Amendment 113 #
Proposal for a directive
Recital 49
Recital 49
(49) Member States shcould have the option of allowingallow only licensed railway undertakings to purchasers of railway services to enter the capacity- allocation process directly.
Amendment 121 #
Proposal for a directive
Article 3 – point 10 b (new)
Article 3 – point 10 b (new)
(10b) 'light maintenance service' means day-to-day servicing and small repairs activities which take place in the course of rail operations during natural idle periods and throughout the network to ensure safe operations;
Amendment 122 #
Proposal for a directive
Article 3 – point 10 c (new)
Article 3 – point 10 c (new)
(10c) 'heavy maintenance service' means works that cannot be carried out during normal idle periods and requires the vehicle to be removed from service;
Amendment 123 #
Proposal for a directive
Article 3 – point 15
Article 3 – point 15
Amendment 124 #
Proposal for a directive
Article 5 – title
Article 5 – title
Management of the railway undertakings according to commercial principles
Amendment 125 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Member States shall enable railway undertakings to adjust their activities to the market and to manage those activities under the responsibility of their management bodies, in the interests of providing efficient, reliable and appropriate services at the lowest possible cost for the quality of service requiredincluding public service obligation in the framework of rail transport as a service of public interest.
Amendment 129 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. HWithout prejudice to article 31 and 32 and having due regard to Articles 93, 107 and 108 of the Treaty, Member States mayshall also provide the infrastructure manager with financing consistent with its functions as referred to in point (2) of Article 3 and in paragraph 1 of Article 7, the size of the infrastructure and financial requirements, in particular in order to cover new investments. Member States may decide to finance those investments through means other than direct State funding.
Amendment 131 #
Proposal for a directive
Recital 1
Recital 1
(1) Council Directive 91/440/EEC of 29 July 1991 on the development of the Community's railways9, Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings10 and Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure11 have been substantially amended in 2004 and 2007. Since further amendments are necessary and given the link between these legal provisions, those Directives should be recast and merged into a single act enhancing safety provisions and reliability of railway services in the interest of clarity.
Amendment 131 #
Proposal for a directive
Recital 1
Recital 1
(1) Council Directive 91/440/EEC of 29 July 1991 on the development of the Community's railways9, Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings10 and Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure11 have been substantially amended in 2004 and 2007. Since further amendments are necessary and given the link between these legal provisions, those Directives should be recast and merged into a single act enhancing safety provisions and reliability of railway services in the interest of clarity.
Amendment 133 #
Proposal for a directive
Recital 2
Recital 2
(2) Greater integration of the Union transport sector is an essential element of the completion of the internal market, and the railways are a vital part of the Union transport sector moving towards achieving sustainable mobility.
Amendment 133 #
Proposal for a directive
Recital 2
Recital 2
(2) Greater integration of the Union transport sector is an essential element of the completion of the internal market, and the railways are a vital part of the Union transport sector moving towards achieving sustainable mobility.
Amendment 137 #
Proposal for a directive
Article 13 – paragraph 3 – subparagraph 1
Article 13 – paragraph 3 – subparagraph 1
Amendment 139 #
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 2
Article 13 – paragraph 4 – subparagraph 2
Where requests by railway undertakings concern access to, and supply of services in a service facility managed by an operator of the service facility referred to in paragraph 3, the operator of the service facility shall justify any decision of refusal andin a written form and address it to the regulatory body in charge to indicate viable alternatives in other facilities to the applicant.
Amendment 140 #
Proposal for a directive
Article 13 – paragraph 6
Article 13 – paragraph 6
Amendment 143 #
Proposal for a directive
Article 13 – paragraph 9
Article 13 – paragraph 9
9. Based on the experience of regulatory bodies and operators of service facilities and based on the activities of the working group referred to in Article 57(1), the Commission may adopt measures setting out the details of the procedure and criteria to be followed for access to the services to be supplied in the service facilities referred to in points 2 to 4 of Annex II. Those implementing acts shall be adoptedAnnex II may be amended in the light of experience in accordance with the examination procedure referred to in Article 62(3)0.
Amendment 152 #
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 and the operation of infrastructure. Given this situation, it is necessary for these two activities to be managed separately and to have separate accounts.
Amendment 152 #
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 and the operation of infrastructure. Given this situation, it is necessary for these two activities to be managed separately and to have separate accounts.
Amendment 153 #
Proposal for a directive
Article 31 – paragraph 3 – subparagraph 1
Article 31 – paragraph 3 – subparagraph 1
Without prejudice to paragraphs 4 or 5 of this Article or to Article 32, the charges for the minimum access package and for access to infrastructure connecting service facilities shall be set at the cost that is directly incurred as a result of operating the train service. , according to Annex VI point -1.a. Or. en (See reference to proposed amendment to Annex VI -1.a)
Amendment 155 #
Proposal for a directive
Article 31 – paragraph 3 – subparagraph 2
Article 31 – paragraph 3 – subparagraph 2
Amendment 158 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Acknowledging that in the EU there are railway networks having a different track gauge from that of the main rail network within the Union, they are therefore technologically isolated from the main EU railway network while being linked with third countries' railway networks economic and social reliability of these networks must be maintained through special treatment where necessary.
Amendment 158 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Acknowledging that in the EU there are railway networks having a different track gauge from that of the main rail network within the Union, they are therefore technologically isolated from the main EU railway network while being linked with third countries' railway networks economic and social reliability of these networks must be maintained through special treatment where necessary.
Amendment 161 #
Proposal for a directive
Article 56 – paragraph 2
Article 56 – paragraph 2
2. Without prejudice to the powers of the national competition authorities for securing competition in the rail services markets, tThe regulatory body shall have the power to monitor the competitive situationstate in the rail services markets and shall, in particular, control points (a) to (g) of paragraph 1 on its own initiative and with a view to preventing discrimination against applicants. It shall, in particular, check whether the network statement contains discriminatory clauses or creates discretionary powers forAmong others it shall check if discriminatory clauses in the network statement are used by the infrastructure manager that may be used to discriminate againstbetween applicants.
Amendment 163 #
Proposal for a directive
Article 56 – paragraph 3
Article 56 – paragraph 3
Amendment 167 #
Proposal for a directive
Recital 9
Recital 9
(9) In the absence of common rules on allocation of infrastructure costs, Member States should, after consulting the infrastructure manager, lay down rules providing for railway undertakings to pay for the use of railway infrastructure. Such rules should noteither discriminate between railway undertakings nor create opportunity to social dumping towards the railway staff involved.
Amendment 167 #
Proposal for a directive
Recital 9
Recital 9
(9) In the absence of common rules on allocation of infrastructure costs, Member States should, after consulting the infrastructure manager, lay down rules providing for railway undertakings to pay for the use of railway infrastructure. Such rules should noteither discriminate between railway undertakings nor create opportunity to social dumping towards the railway staff involved.
Amendment 168 #
Proposal for a directive
Article 56 – paragraph 10 – subparagraph 1
Article 56 – paragraph 10 – subparagraph 1
Amendment 171 #
Proposal for a directive
Article 60 – point 2
Article 60 – point 2
2. The delegation of power referred to in Articles 2013 (9), 20, 31, 35 (3), 43 (2) and 56 (11) shall be conferred on the Commission for a period of five years from……25 . The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 173 #
Proposal for a directive
Article 63 – paragraph 2
Article 63 – paragraph 2
This report shall also assess the development of the market, including the state of preparation of a further opening-up of the rail market. In its report the Commission shall also analyse the different models for organising this market and the impact of this Directive on public service contracts and their financing. In so doing, the Commission shall take into account the implementation of Regulation (EC) No 1370/2007 and the intrinsic differences between Member States (density of networks, number of passengers, average travel distance). In its report the Commission shall, if appropriate, propose complementary legislative measures to facilitate any such opening, and shall assess the impact of any such measures.
Amendment 176 #
Proposal for a directive
Recital 11
Recital 11
(11) An efficient freight sector, especially across borders, requires action both to open up the market and Member States to endorse clear choices to sustainable transport of goods by rail shifting from less environmental friendly modes.
Amendment 176 #
Proposal for a directive
Recital 11
Recital 11
(11) An efficient freight sector, especially across borders, requires action both to open up the market and Member States to endorse clear choices to sustainable transport of goods by rail shifting from less environmental friendly modes.
Amendment 180 #
Proposal for a directive
Annex II – paragraph 2 – point e
Annex II – paragraph 2 – point e
(e) maintenance facilities as referred in the concerned definitions in article 3, with the exception of heavy maintenance services supplied in maintenance facilities exclusively dedicated to specific types of rolling stock, and other technical facilities, including cleaning and washing facilities;
Amendment 183 #
Proposal for a directive
Annex II – paragraph 4 – point e
Annex II – paragraph 4 – point e
(e) heavy maintenance services supplied in maintenance facilities exclusivelyas referred in the concerned definitions provided in Article 3, dedicated to specific types of rolling stock.
Amendment 184 #
Proposal for a directive
Annex VI – title
Annex VI – title
Requirements for costs and charges related to railway infrastructure(referred to in Articles 31(3), 32(1) and 35)
Amendment 185 #
Proposal for a directive
Annex VI – point -1 (new)
Annex VI – point -1 (new)
-1. Direct costs of the train service referred to in Article 31(3), which are related to infrastructure wear and tear, shall exclude the following items: (a) Network-wide overhead costs; (b) Interest payable on capital; (c) More than one tenth of costs related to scheduling, train path allocation, traffic management, dispatching and signalling of a train run; (d) Depreciation of information, communication or telecommunication equipment; (e) Costs related to real estate management, in particular acquisition, selling, dismantling, decontamination, recultivation or renting of land or other fixed assets; (f) Schools, Kindergartens; (g) Costs related to act of God, accident, service disruptions. When direct costs exceed, on a network- wide average, 35% of average costs of maintaining, managing and renewing the network calculated on the basis of a train kilometre run, the infrastructure manager shall justify this in detail to the regulatory body. The average costs calculated for this purpose shall exclude cost elements referred to in points (e), (f) or (g).
Amendment 191 #
Proposal for a directive
Recital 17
Recital 17
(17) The assessment of whether the socio- economic equilibrium of the public service contract could be compromised should take into account predetermined criteria such as the impact on the profitreliability of any services which are included in a public service contract, including consequential impacts both on the cohesion and transport policy regarding the concerned area and on the net cost to the competent public authority that awarded the contract, passenger demand, ticket pricing, ticketing arrangements, location and number of stops on both sides of the border and timing and frequency of the proposed new service. In accordance with such an assessment and the decision of the relevant regulatory body, Member Stats, Member States or local competent authorities may authorise, modify or deny the right of access for the international passenger service sought, including the levying of a charge on the operator of a new international passenger service, in line with the socio-economic analysis and in accordance with Union law and the principles of equality, transparency and non-discrimination.
Amendment 191 #
Proposal for a directive
Recital 17
Recital 17
(17) The assessment of whether the socio- economic equilibrium of the public service contract could be compromised should take into account predetermined criteria such as the impact on the profitreliability of any services which are included in a public service contract, including consequential impacts both on the cohesion and transport policy regarding the concerned area and on the net cost to the competent public authority that awarded the contract, passenger demand, ticket pricing, ticketing arrangements, location and number of stops on both sides of the border and timing and frequency of the proposed new service. In accordance with such an assessment and the decision of the relevant regulatory body, Member Stats, Member States or local competent authorities may authorise, modify or deny the right of access for the international passenger service sought, including the levying of a charge on the operator of a new international passenger service, in line with the socio-economic analysis and in accordance with Union law and the principles of equality, transparency and non-discrimination.
Amendment 196 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) The national regulatory body should be an independent authority and act as an arbiter in order to ensure in case of dispute fair and transparent decisions according to the provisions of non- discrimination and rules of this directive.
Amendment 196 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) The national regulatory body should be an independent authority and act as an arbiter in order to ensure in case of dispute fair and transparent decisions according to the provisions of non- discrimination and rules of this directive.
Amendment 197 #
Proposal for a directive
Recital 20
Recital 20
(20) In order to invest in services using specialised infrastructure, such as high- speed railway lines or other dedicated complex infrastructures in order to comply with Member States objectives in reducing CO2 emissions or enhancing intermodal links, applicants need legal certainty given the substantial long-term investment involved.
Amendment 197 #
Proposal for a directive
Recital 20
Recital 20
(20) In order to invest in services using specialised infrastructure, such as high- speed railway lines or other dedicated complex infrastructures in order to comply with Member States objectives in reducing CO2 emissions or enhancing intermodal links, applicants need legal certainty given the substantial long-term investment involved.
Amendment 206 #
Proposal for a directive
Recital 22
Recital 22
Amendment 206 #
Proposal for a directive
Recital 22
Recital 22
Amendment 214 #
Proposal for a directive
Recital 25
Recital 25
(25) A railway undertaking should also be required to comply with national and Union rules on the provision of railway services, applied in a non-discriminatory manner, which are intended to ensure that it can carry on its activity in complete safety and with due regard to health, social and work conditions and the rights of workers and consumerto decent work and wages and consumers to reliable services on specific stretches of track.
Amendment 214 #
Proposal for a directive
Recital 25
Recital 25
(25) A railway undertaking should also be required to comply with national and Union rules on the provision of railway services, applied in a non-discriminatory manner, which are intended to ensure that it can carry on its activity in complete safety and with due regard to health, social and work conditions and the rights of workers and consumerto decent work and wages and consumers to reliable services on specific stretches of track.
Amendment 220 #
Proposal for a directive
Recital 27
Recital 27
(27) To ensure transparencyInformation on right of access and ncon- discriminatory access todition of use of rail infrastructure andincluding all rail-related services for all railway undertakings, all the information required to use access rights is to be should be provided and published in a network statement by the infrastructure manager.
Amendment 220 #
Proposal for a directive
Recital 27
Recital 27
(27) To ensure transparencyInformation on right of access and ncon- discriminatory access todition of use of rail infrastructure andincluding all rail-related services for all railway undertakings, all the information required to use access rights is to be should be provided and published in a network statement by the infrastructure manager.
Amendment 232 #
Proposal for a directive
Recital 38
Recital 38
(38) Member States shcould have the option of allowingallow only licensed Railway undertakings to purchasers of railway services to enter the capacity-allocation process directly.
Amendment 232 #
Proposal for a directive
Recital 38
Recital 38
(38) Member States shcould have the option of allowingallow only licensed Railway undertakings to purchasers of railway services to enter the capacity-allocation process directly.
Amendment 246 #
Proposal for a directive
Recital 59
Recital 59
(59) The sustainable development of railway transport should be achieved by using inter alia the Union instruments available, without prejudice to priorities already established.
Amendment 246 #
Proposal for a directive
Recital 59
Recital 59
(59) The sustainable development of railway transport should be achieved by using inter alia the Union instruments available, without prejudice to priorities already established.
Amendment 252 #
Proposal for a directive
Recital 65
Recital 65
Amendment 252 #
Proposal for a directive
Recital 65
Recital 65
Amendment 253 #
Proposal for a directive
Recital 71
Recital 71
(71) This Directive should be without prejudice either to the time limits set out in Annex XI, Part B within which the Member States are to comply with the preceding Directives, or to point 34 of the Interinstitutional Agreement relating to correlation tables including the possible appointment of a transposition coordinator when appropriate.
Amendment 253 #
Proposal for a directive
Recital 71
Recital 71
(71) This Directive should be without prejudice either to the time limits set out in Annex XI, Part B within which the Member States are to comply with the preceding Directives, or to point 34 of the Interinstitutional Agreement relating to correlation tables including the possible appointment of a transposition coordinator when appropriate.
Amendment 254 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Chapter II does notThis directive shall apply to railway undertakings which only operate urban, suburban or regional serviceoperating domestic and international rail services with the exception of other track-based modes such as metro or tramways.
Amendment 254 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Chapter II does notThis directive shall apply to railway undertakings which only operate urban, suburban or regional serviceoperating domestic and international rail services with the exception of other track-based modes such as metro or tramways.
Amendment 256 #
Proposal for a directive
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. Member States may exclude, in accordance with their national laws concerning safe operation conditions, the following from the application of Chapter III :
Amendment 256 #
Proposal for a directive
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. Member States may exclude, in accordance with their national laws concerning safe operation conditions, the following from the application of Chapter III :
Amendment 257 #
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) railway undertakings which only operate rail passenger or freight services on local and regional stand-alone railway infrastructure;
Amendment 257 #
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) railway undertakings which only operate rail passenger or freight services on local and regional stand-alone railway infrastructure;
Amendment 259 #
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) railway undertakings which only operate urban or suburban rail passenger services on networks which are only used by one railway undertaking not falling under the provisions of paragraph 1 and until capacity on that network is requested by another applicant in addition to this railway undertaking;
Amendment 259 #
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) railway undertakings which only operate urban or suburban rail passenger services on networks which are only used by one railway undertaking not falling under the provisions of paragraph 1 and until capacity on that network is requested by another applicant in addition to this railway undertaking;
Amendment 260 #
Proposal for a directive
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) railway undertakings which only operate regional rail freight services on networks which are only used by one railway undertaking not falling under provisions of paragraph 1 and until capacity on that network is requested by another applicant in addition to this railway undertaking;
Amendment 260 #
Proposal for a directive
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) railway undertakings which only operate regional rail freight services on networks which are only used by one railway undertaking not falling under provisions of paragraph 1 and until capacity on that network is requested by another applicant in addition to this railway undertaking;
Amendment 264 #
Proposal for a directive
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
(a) local and regional stand-alone networks for passenger services on railway infrastructure and the railway undertakings operating trains on them;
Amendment 264 #
Proposal for a directive
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
(a) local and regional stand-alone networks for passenger services on railway infrastructure and the railway undertakings operating trains on them;
Amendment 266 #
Proposal for a directive
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
(b) networks intendused only for the operation of urban or suburban rail passenger services and solely by one railway undertakings not falling under the provisions of paragraph 1 and until capacity on that network is requested by another applicant in addition to this railway undertaking;
Amendment 266 #
Proposal for a directive
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
(b) networks intendused only for the operation of urban or suburban rail passenger services and solely by one railway undertakings not falling under the provisions of paragraph 1 and until capacity on that network is requested by another applicant in addition to this railway undertaking;
Amendment 268 #
Proposal for a directive
Article 2 – paragraph 3 – point d
Article 2 – paragraph 3 – point d
(d) privately owned railway infrastructure that exists solely for use by the infrastructure owner for its own freight operations and the railway undertakings concerned;
Amendment 268 #
Proposal for a directive
Article 2 – paragraph 3 – point d
Article 2 – paragraph 3 – point d
(d) privately owned railway infrastructure that exists solely for use by the infrastructure owner for its own freight operations and the railway undertakings concerned;
Amendment 270 #
Proposal for a directive
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) "infrastructure manager" means any body or firm responsible in particular for establishing , managing and maintainwhose functions include establishing, managing, maintaining and investing ing railway infrastructure , includingsafety issues, traffic management and control-command and, signalling ; the functions ofand all related; the infrastructure manager on a network or part of a network may be allocated to different bodies or firms will take decisions on train path definition, assessment of available capacity and consequent allocation of path including the determination and the collection of infrastructure charges established accordingly;
Amendment 270 #
Proposal for a directive
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) "infrastructure manager" means any body or firm responsible in particular for establishing , managing and maintainwhose functions include establishing, managing, maintaining and investing ing railway infrastructure , includingsafety issues, traffic management and control-command and, signalling ; the functions ofand all related; the infrastructure manager on a network or part of a network may be allocated to different bodies or firms will take decisions on train path definition, assessment of available capacity and consequent allocation of path including the determination and the collection of infrastructure charges established accordingly;
Amendment 278 #
Proposal for a directive
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(6) "urban and suburban services" means transportilway services operated on a network other than the track-based modes such as metro or tramways to meet the transport needs of an urban centre or conurbation, together with transport needs between such a centre or conurbation and surrounding areas ;
Amendment 278 #
Proposal for a directive
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(6) "urban and suburban services" means transportilway services operated on a network other than the track-based modes such as metro or tramways to meet the transport needs of an urban centre or conurbation, together with transport needs between such a centre or conurbation and surrounding areas ;
Amendment 282 #
Proposal for a directive
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) "applicant" means a licensed railway undertaking and other persons or legal entities, such as competent authorities under Regulation (EC) No 1370/2007 and shippers, freight forwarders and combined transport operators, with a public-service or commercial interest in procuring infrastructure capacity for the operation of railway services;
Amendment 282 #
Proposal for a directive
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) "applicant" means a licensed railway undertaking and other persons or legal entities, such as competent authorities under Regulation (EC) No 1370/2007 and shippers, freight forwarders and combined transport operators, with a public-service or commercial interest in procuring infrastructure capacity for the operation of railway services;
Amendment 288 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that as regards management, administration and internal control over administrative, economic and accounting matters railway undertakings directly or indirectly owned or controlled by the Member Statesrespective of their ownership have independent status in accordance with which they will hold, in particular, assets, budgets and accounts which are separate from those of the StateInfrastructure manager.
Amendment 288 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that as regards management, administration and internal control over administrative, economic and accounting matters railway undertakings directly or indirectly owned or controlled by the Member Statesrespective of their ownership have independent status in accordance with which they will hold, in particular, assets, budgets and accounts which are separate from those of the StateInfrastructure manager.
Amendment 292 #
Proposal for a directive
Article 5 – title
Article 5 – title
Management of the railway undertakings according to commercial principles
Amendment 292 #
Proposal for a directive
Article 5 – title
Article 5 – title
Management of the railway undertakings according to commercial principles
Amendment 293 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Member States shall enable railway undertakings to adjust their activities to the market and to manage those activities under the responsibility of their management bodies, in the interests of providing efficient and appropriate services at the lowest possible cost for the quality of service requiredproviding reliable and appropriate railway services including public service obligation in the framework of rail transport as a service of public interest.
Amendment 293 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Member States shall enable railway undertakings to adjust their activities to the market and to manage those activities under the responsibility of their management bodies, in the interests of providing efficient and appropriate services at the lowest possible cost for the quality of service requiredproviding reliable and appropriate railway services including public service obligation in the framework of rail transport as a service of public interest.
Amendment 294 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
Railway undertakings shall be managed according to the principles which apply to commercial companies, irrespective of their ownership. This shall also apply to the public service obligations imposedmanagement boards shall have sole responsibility for managing the enterprise and shall endeavour to take into account the interest of the shareholders, onf them by Member Stat employees and tohe public service contracts which they conclude with the competent authorities of the Stateinterests.
Amendment 294 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
Railway undertakings shall be managed according to the principles which apply to commercial companies, irrespective of their ownership. This shall also apply to the public service obligations imposedmanagement boards shall have sole responsibility for managing the enterprise and shall endeavour to take into account the interest of the shareholders, onf them by Member Stat employees and tohe public service contracts which they conclude with the competent authorities of the Stateinterests.
Amendment 295 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Railway undertakings shall determine their business plans, including their investment and financing programmes. Such plans shall be designed to achieve the undertakings' financial equilibrium and other technical, commercial and financial management objectives; they must also indicate the means of obtaining these objectives.
Amendment 295 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Railway undertakings shall determine their business plans, including their investment and financing programmes. Such plans shall be designed to achieve the undertakings' financial equilibrium and other technical, commercial and financial management objectives; they must also indicate the means of obtaining these objectives.
Amendment 299 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 299 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 300 #
Proposal for a directive
Section 2 – title
Section 2 – title
Separation of infrastructure management and transport operations and of different types of transport operations
Amendment 300 #
Proposal for a directive
Section 2 – title
Section 2 – title
Separation of infrastructure management and transport operations and of different types of transport operations
Amendment 303 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that separate profit and loss accounts and balance sheets are kept and published, on the one hand, for business relating to the provision of transport services by railway undertakings and, on the other, for business relating to the management of railway infrastructure. Public funds paid to one of these two areas of activity shall not be transferred to the other, unless they are not related to compensate public service obligation in the framework of transport services as services of public interest.
Amendment 303 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that separate profit and loss accounts and balance sheets are kept and published, on the one hand, for business relating to the provision of transport services by railway undertakings and, on the other, for business relating to the management of railway infrastructure. Public funds paid to one of these two areas of activity shall not be transferred to the other, unless they are not related to compensate public service obligation in the framework of transport services as services of public interest.
Amendment 308 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States shall ensure that separate profit and loss accounts and balance sheets are kept and published, on the one hand, for business relating to the provision of rail freight transport services and, on the other, for activities relating to the provision of passenger transport services. Public funds paid for activities relating to the provision of transport services as public-service remits must be shown separately for each public service contract in the relevant accounts and shall not be transferred to activities relating to the provisionrelated to the activities of other transport services or any other business railway undertaking.
Amendment 308 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States shall ensure that separate profit and loss accounts and balance sheets are kept and published, on the one hand, for business relating to the provision of rail freight transport services and, on the other, for activities relating to the provision of passenger transport services. Public funds paid for activities relating to the provision of transport services as public-service remits must be shown separately for each public service contract in the relevant accounts and shall not be transferred to activities relating to the provisionrelated to the activities of other transport services or any other business railway undertaking.
Amendment 312 #
Proposal for a directive
Article 7 – title
Article 7 – title
Independence of essential functions of an infrastructure manager
Amendment 312 #
Proposal for a directive
Article 7 – title
Article 7 – title
Independence of essential functions of an infrastructure manager
Amendment 314 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Member States shall ensure that the functions determining equitable and non- discriminatory access to infrastructure, listed in Annex II, are entrusted to bodies or firms that do not themselves provide any rail transport services. Regardless of organisational structure, this objective must be shown to have been achieved.
Amendment 314 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Member States shall ensure that the functions determining equitable and non- discriminatory access to infrastructure, listed in Annex II, are entrusted to bodies or firms that do not themselves provide any rail transport services. Regardless of organisational structure, this objective must be shown to have been achieved.
Amendment 325 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Amendment 325 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Amendment 337 #
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3 a. An association within a group does not contradict the stipulations of this Article, provided it is ensured that the companies or the legal entities are independent under the company law.
Amendment 337 #
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3 a. An association within a group does not contradict the stipulations of this Article, provided it is ensured that the companies or the legal entities are independent under the company law.
Amendment 345 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. HWithout prejudice to article 31 and 32 and having due regard to Articles 93, 107 and 108 of the Treaty, Member States may alsoshall provide the infrastructure manager with financing consistent with its tasks, the size of the infrastructure and financial requirements, in particular in order to cover new investments.
Amendment 345 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. HWithout prejudice to article 31 and 32 and having due regard to Articles 93, 107 and 108 of the Treaty, Member States may alsoshall provide the infrastructure manager with financing consistent with its tasks, the size of the infrastructure and financial requirements, in particular in order to cover new investments.
Amendment 350 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Within the framework of general policy determined by the State and taking into account the rail infrastructure development strategy referred to in paragraph 1 , the infrastructure manager shall adopt a business plan including investment and financial programmes. The plan shall be designed to ensure optimal and efficient use , provision and development of the infrastructure while ensuring financial balance and providing means for these objectives to be achieved. The infrastructure manager shall ensure that potential interested or existing applicants are consulted before the business plan is approved. The regulatory body referred to in Article 55 shall issue a non-binding opinion on whether the business plan is appropriate to achieve these objectives.
Amendment 350 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Within the framework of general policy determined by the State and taking into account the rail infrastructure development strategy referred to in paragraph 1 , the infrastructure manager shall adopt a business plan including investment and financial programmes. The plan shall be designed to ensure optimal and efficient use , provision and development of the infrastructure while ensuring financial balance and providing means for these objectives to be achieved. The infrastructure manager shall ensure that potential interested or existing applicants are consulted before the business plan is approved. The regulatory body referred to in Article 55 shall issue a non-binding opinion on whether the business plan is appropriate to achieve these objectives.
Amendment 353 #
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
Amendment 353 #
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
Amendment 354 #
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
Member States shall ensure that, under normal business conditions and over a period of no more than three yearsreasonable period, the accounts of an infrastructure manager shall at least balance income from infrastructure charges, surpluses from other commercial activities and State funding on the one hand, and infrastructure expenditure on the other, including advance payments from the State, where appropriate.
Amendment 354 #
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
Member States shall ensure that, under normal business conditions and over a period of no more than three yearsreasonable period, the accounts of an infrastructure manager shall at least balance income from infrastructure charges, surpluses from other commercial activities and State funding on the one hand, and infrastructure expenditure on the other, including advance payments from the State, where appropriate.
Amendment 356 #
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
Amendment 356 #
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
Amendment 369 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 4
Article 10 – paragraph 2 – subparagraph 4
Amendment 369 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 4
Article 10 – paragraph 2 – subparagraph 4
Amendment 373 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States or the concerned competent local authorities stipulating a public service contract, may limit the right of access provided for in Article 10 on services between a place of departure and a destination which are covered by one or more public service contracts conforming to the Union legislation in force. Such limitation shall not have the effect of restricting the right to pick up passengers at any station located on the route of an international service and to set them down at another, including stations located in the same Member State, except where the exercise of this right would compromise the socio-economic equilibrium ofand the objectives of a cohesion policy set out in a public service contract.
Amendment 373 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States or the concerned competent local authorities stipulating a public service contract, may limit the right of access provided for in Article 10 on services between a place of departure and a destination which are covered by one or more public service contracts conforming to the Union legislation in force. Such limitation shall not have the effect of restricting the right to pick up passengers at any station located on the route of an international service and to set them down at another, including stations located in the same Member State, except where the exercise of this right would compromise the socio-economic equilibrium ofand the objectives of a cohesion policy set out in a public service contract.
Amendment 377 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1 – introductory part
Article 11 – paragraph 2 – subparagraph 1 – introductory part
Amendment 377 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1 – introductory part
Article 11 – paragraph 2 – subparagraph 1 – introductory part
Amendment 385 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 385 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 390 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. RInfrastructures managers shall supply to railway undertakings shall, on a non- discriminatory basis, be entitled to the minimum access packagethe access to services laid down in Annex III, point 1.
Amendment 390 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. RInfrastructures managers shall supply to railway undertakings shall, on a non- discriminatory basis, be entitled to the minimum access packagethe access to services laid down in Annex III, point 1.
Amendment 396 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
Amendment 396 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
Amendment 401 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Amendment 401 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Amendment 413 #
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 applying railway undertaking to operate the freight or passenger service concerned on the same route or alternative under economically acceptable conditions. This shall not oblige the railway operator of the service facility to make investments to accommodate all request received from railway undertaking. The burden of proving for the existence of a viable alternative lies with the operator of the service facility. regulatory body thus avoiding disputes and delays.
Amendment 413 #
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 applying railway undertaking to operate the freight or passenger service concerned on the same route or alternative under economically acceptable conditions. This shall not oblige the railway operator of the service facility to make investments to accommodate all request received from railway undertaking. The burden of proving for the existence of a viable alternative lies with the operator of the service facility. regulatory body thus avoiding disputes and delays.
Amendment 420 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 3 a (new)
Article 13 – paragraph 2 – subparagraph 3 a (new)
The railway service provider operating the facility shall be required to provide a justification of any denial access to its facility or to the supply of the specific service concerned.
Amendment 420 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 3 a (new)
Article 13 – paragraph 2 – subparagraph 3 a (new)
The railway service provider operating the facility shall be required to provide a justification of any denial access to its facility or to the supply of the specific service concerned.
Amendment 425 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 4
Article 13 – paragraph 2 – subparagraph 4
When the railway 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 operation.
Amendment 425 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 4
Article 13 – paragraph 2 – subparagraph 4
When the railway 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 operation.
Amendment 433 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 5
Article 13 – paragraph 2 – subparagraph 5
Amendment 433 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 5
Article 13 – paragraph 2 – subparagraph 5
Amendment 445 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 445 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 448 #
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 448 #
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 452 #
Proposal for a directive
Article 13 – paragraph 5
Article 13 – paragraph 5
Amendment 452 #
Proposal for a directive
Article 13 – paragraph 5
Article 13 – paragraph 5
Amendment 480 #
Proposal for a directive
Article 19 – paragraph 1 – point d
Article 19 – paragraph 1 – point d
(d) have not been convicted of serious or repeatedany failure to fulfil social or labour law obligations, including obligations under safety provisions, occupational safety and health legislation, and customs law obligations in the case of a company seeking to operate cross-border freight transport subject to customs procedures.
Amendment 480 #
Proposal for a directive
Article 19 – paragraph 1 – point d
Article 19 – paragraph 1 – point d
(d) have not been convicted of serious or repeatedany failure to fulfil social or labour law obligations, including obligations under safety provisions, occupational safety and health legislation, and customs law obligations in the case of a company seeking to operate cross-border freight transport subject to customs procedures.
Amendment 481 #
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 481 #
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 483 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
The requirements relating to professional competence shall be met when an applicant railway undertaking can demonstrate that it has or will have a management organisation which possesses the knowledge or experience necessary to exercise safe and reliable operational control and supervision of the type of operations specified in the licence. The applicant shall also demonstrate to hold a safety certificate according to Article 10 of directive 2004/49 when introducing his request.
Amendment 483 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
The requirements relating to professional competence shall be met when an applicant railway undertaking can demonstrate that it has or will have a management organisation which possesses the knowledge or experience necessary to exercise safe and reliable operational control and supervision of the type of operations specified in the licence. The applicant shall also demonstrate to hold a safety certificate according to Article 10 of directive 2004/49 when introducing his request.
Amendment 493 #
Proposal for a directive
Article 27 – paragraph 2 – subparagraph 2
Article 27 – paragraph 2 – subparagraph 2
Amendment 493 #
Proposal for a directive
Article 27 – paragraph 2 – subparagraph 2
Article 27 – paragraph 2 – subparagraph 2
Amendment 496 #
Proposal for a directive
Article 29 – paragraph 2 – subparagraph 1
Article 29 – paragraph 2 – subparagraph 1
The Member States shall ensure that infrastructure managers cooperate to enable the application of efficient charging schemes for the operation of train services which cross more than one infrastructure network. Infrastructure managers shall, in particular, aim to guarantee the optimal competitiveness of international rail services and ensure the efficient use of the railway networks.
Amendment 496 #
Proposal for a directive
Article 29 – paragraph 2 – subparagraph 1
Article 29 – paragraph 2 – subparagraph 1
The Member States shall ensure that infrastructure managers cooperate to enable the application of efficient charging schemes for the operation of train services which cross more than one infrastructure network. Infrastructure managers shall, in particular, aim to guarantee the optimal competitiveness of international rail services and ensure the efficient use of the railway networks.
Amendment 498 #
Proposal for a directive
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2 a. If a contractual agreement between the Member state and the Infrastructure Manager already exists on the date of entry of this Directive, this agreement is exempted from the application of paragraphs 3, 4 and 5 and of annexe VII until its expiry, or at least for a duration of 5 years following the date of transposition of this text from the concerned Member State.
Amendment 498 #
Proposal for a directive
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2 a. If a contractual agreement between the Member state and the Infrastructure Manager already exists on the date of entry of this Directive, this agreement is exempted from the application of paragraphs 3, 4 and 5 and of annexe VII until its expiry, or at least for a duration of 5 years following the date of transposition of this text from the concerned Member State.
Amendment 500 #
Proposal for a directive
Article 30 – paragraph 3 – subparagraph 2
Article 30 – paragraph 3 – subparagraph 2
Basic principles and parameters of such agreements are set out in Annex VII which may be amended in the light of experience in accordance with the procedure referred to in Article 60.
Amendment 500 #
Proposal for a directive
Article 30 – paragraph 3 – subparagraph 2
Article 30 – paragraph 3 – subparagraph 2
Basic principles and parameters of such agreements are set out in Annex VII which may be amended in the light of experience in accordance with the procedure referred to in Article 60.
Amendment 501 #
Proposal for a directive
Article 30 – paragraph 3 – subparagraph 5
Article 30 – paragraph 3 – subparagraph 5
Amendment 501 #
Proposal for a directive
Article 30 – paragraph 3 – subparagraph 5
Article 30 – paragraph 3 – subparagraph 5
Amendment 503 #
Proposal for a directive
Article 30 – paragraph 3 – subparagraph 6
Article 30 – paragraph 3 – subparagraph 6
Amendment 503 #
Proposal for a directive
Article 30 – paragraph 3 – subparagraph 6
Article 30 – paragraph 3 – subparagraph 6
Amendment 506 #
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Charges for the use of railway infrastructure and of railway service facilities shall be paid to the infrastructure manager and to the railway service facility operator respectively and used to fund their business.
Amendment 506 #
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Charges for the use of railway infrastructure and of railway service facilities shall be paid to the infrastructure manager and to the railway service facility operator respectively and used to fund their business.
Amendment 512 #
Proposal for a directive
Article 31 – paragraph 3 – subparagraph 1
Article 31 – paragraph 3 – subparagraph 1
Without prejudice to paragraphs 4 or 5 of this Article or to Article 32, the charges for the minimum access packageaccess operating package, set in Annexe III and track access to the concerned railway facilities shall be set at the cost that is directly incurred as a result of operating the train service, according to Annex VIII, point 1. With the exclusion of the modifications regarding the provisions on noise and environmental constraints, the infrastructure charges shall not exceed the complete cost of the infrastructure for each rail market segment.
Amendment 512 #
Proposal for a directive
Article 31 – paragraph 3 – subparagraph 1
Article 31 – paragraph 3 – subparagraph 1
Without prejudice to paragraphs 4 or 5 of this Article or to Article 32, the charges for the minimum access packageaccess operating package, set in Annexe III and track access to the concerned railway facilities shall be set at the cost that is directly incurred as a result of operating the train service, according to Annex VIII, point 1. With the exclusion of the modifications regarding the provisions on noise and environmental constraints, the infrastructure charges shall not exceed the complete cost of the infrastructure for each rail market segment.
Amendment 514 #
Proposal for a directive
Article 31 – paragraph 3 – subparagraph 2
Article 31 – paragraph 3 – subparagraph 2
Amendment 514 #
Proposal for a directive
Article 31 – paragraph 3 – subparagraph 2
Article 31 – paragraph 3 – subparagraph 2
Amendment 518 #
Proposal for a directive
Article 31 – paragraph 5 – subparagraph 1
Article 31 – paragraph 5 – subparagraph 1
When charging for the cost of noise effects is allowed in a mandatory way by Union legislation for road freight transport, the infrastructure charges shall be modified accordingly to take account of the cost of noise effects caused by the operation of the train in accordance with Annex VIII, point 2. in order to incentivise retro-fitting rolling stock in favour of less noisy equipment.
Amendment 518 #
Proposal for a directive
Article 31 – paragraph 5 – subparagraph 1
Article 31 – paragraph 5 – subparagraph 1
When charging for the cost of noise effects is allowed in a mandatory way by Union legislation for road freight transport, the infrastructure charges shall be modified accordingly to take account of the cost of noise effects caused by the operation of the train in accordance with Annex VIII, point 2 in order to incentivise retro-fitting rolling stock in favour of less noisy equipment.
Amendment 524 #
Proposal for a directive
Article 31 – paragraph 5 – subparagraph 2
Article 31 – paragraph 5 – subparagraph 2
Amendment 524 #
Proposal for a directive
Article 31 – paragraph 5 – subparagraph 2
Article 31 – paragraph 5 – subparagraph 2
Amendment 533 #
Proposal for a directive
Article 31 – paragraph 7
Article 31 – paragraph 7
Amendment 533 #
Proposal for a directive
Article 31 – paragraph 7
Article 31 – paragraph 7
Amendment 534 #
Proposal for a directive
Article 31 – paragraph 8
Article 31 – paragraph 8
Amendment 534 #
Proposal for a directive
Article 31 – paragraph 8
Article 31 – paragraph 8
Amendment 538 #
Proposal for a directive
Article 32 – paragraph 1 – subparagraph 1
Article 32 – paragraph 1 – subparagraph 1
In order to obtain full recovery of the costs incurred by the infrastructure manager a Member State may, if the market can bear this authorise that the infrastructure manager may, on any given railway market segment, and if the concerned conditions are bearable, levy a mark-ups on the basis of efficient, transparent and non- discriminatory principles, while guaranteeing optimal competieffectiveness in particular of international rail freightof the railway sector. The charging system shall respect the productivity increases achieved by railway undertakings.
Amendment 538 #
Proposal for a directive
Article 32 – paragraph 1 – subparagraph 1
Article 32 – paragraph 1 – subparagraph 1
In order to obtain full recovery of the costs incurred by the infrastructure manager a Member State may, if the market can bear this authorise that the infrastructure manager may, on any given railway market segment, and if the concerned conditions are bearable, levy a mark-ups on the basis of efficient, transparent and non- discriminatory principles, while guaranteeing optimal competieffectiveness in particular of international rail freightof the railway sector. The charging system shall respect the productivity increases achieved by railway undertakings.
Amendment 540 #
Proposal for a directive
Article 32 – paragraph 1 – subparagraph 3
Article 32 – paragraph 1 – subparagraph 3
These railway market segments and the corresponding mark-ups proposed shall be established in accordance with the criteriaprocedure laid down in Annex VIII, point 3 subject to the prior approval of the regulatory body. For market segments for which there is no traffic, mark-ups shall not be included in the charging system initially.
Amendment 540 #
Proposal for a directive
Article 32 – paragraph 1 – subparagraph 3
Article 32 – paragraph 1 – subparagraph 3
These railway market segments and the corresponding mark-ups proposed shall be established in accordance with the criteriaprocedure laid down in Annex VIII, point 3 subject to the prior approval of the regulatory body. For market segments for which there is no traffic, mark-ups shall not be included in the charging system initially.
Amendment 542 #
Proposal for a directive
Article 32 – paragraph 1 – subparagraph 4
Article 32 – paragraph 1 – subparagraph 4
Amendment 542 #
Proposal for a directive
Article 32 – paragraph 1 – subparagraph 4
Article 32 – paragraph 1 – subparagraph 4
Amendment 546 #
Proposal for a directive
Article 32 – paragraph 3 – subparagraph 2
Article 32 – paragraph 3 – subparagraph 2
Amendment 546 #
Proposal for a directive
Article 32 – paragraph 3 – subparagraph 2
Article 32 – paragraph 3 – subparagraph 2
Amendment 551 #
Proposal for a directive
Article 35 – paragraph 2 – subparagraph 2
Article 35 – paragraph 2 – subparagraph 2
Amendment 551 #
Proposal for a directive
Article 35 – paragraph 2 – subparagraph 2
Article 35 – paragraph 2 – subparagraph 2
Amendment 558 #
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 558 #
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 564 #
Proposal for a directive
Article 40 – paragraph 5 a (new)
Article 40 – paragraph 5 a (new)
5 a. Member States may lay down different rules for networks technologically separated from the main EU railway network if specific cooperation in the allocation of infrastructure capacities for traffic originating from or destined for third countries is needed.
Amendment 564 #
Proposal for a directive
Article 40 – paragraph 5 a (new)
Article 40 – paragraph 5 a (new)
5 a. Member States may lay down different rules for networks technologically separated from the main EU railway network if specific cooperation in the allocation of infrastructure capacities for traffic originating from or destined for third countries is needed.
Amendment 567 #
Proposal for a directive
Article 42 – paragraph 6 – subparagraph 3
Article 42 – paragraph 6 – subparagraph 3
As from 1 January 2010, an initial framework agreement may be drawn up for a period of five years, renewable once, on the basis of the capacity characteristics used by applicants operating services before 1 January 2010, in order to take account of specialised investments or the existence of commercial contracts. The regulatory body referred to in Article 55 shall be responsible for authorising the entry into force of such an agreement.
Amendment 567 #
Proposal for a directive
Article 42 – paragraph 6 – subparagraph 3
Article 42 – paragraph 6 – subparagraph 3
As from 1 January 2010, an initial framework agreement may be drawn up for a period of five years, renewable once, on the basis of the capacity characteristics used by applicants operating services before 1 January 2010, in order to take account of specialised investments or the existence of commercial contracts. The regulatory body referred to in Article 55 shall be responsible for authorising the entry into force of such an agreement.
Amendment 572 #
Proposal for a directive
Article 44 – paragraph 4
Article 44 – paragraph 4
4. Applicants shallmay request infrastructure capacity crossing more than one network by applying to one infrastructure manager. That infrastructure manager shall then be permitted to act on behalf of the applicant to seek capacity with the other relevant infrastructure managers.
Amendment 572 #
Proposal for a directive
Article 44 – paragraph 4
Article 44 – paragraph 4
4. Applicants shallmay request infrastructure capacity crossing more than one network by applying to one infrastructure manager. That infrastructure manager shall then be permitted to act on behalf of the applicant to seek capacity with the other relevant infrastructure managers.
Amendment 596 #
Proposal for a directive
Article 55 – paragraph 3
Article 55 – paragraph 3
3. The president and governing board of the regulatory body for the railway sector shall be appointed by the national parliament for a fixed and renewable term under clear rules which guarantee independence. They shall be selected from among persons who have had no professional position or responsibility, interest or business relationship, directly or indirectly, with the regulated undertakings or entities for a period of three yearsreasonable period before their appointment, and explicitly stating it by an appropriate declaration of interest during their term of office. Afterwards, they shall have no professional position or responsibility, interest or business relationship with any of the regulated undertakings or entities for a period of not less than three yearsreasonable period. They shall have full authority over the recruitment and management of the staff of the regulatory body according to national laws.
Amendment 596 #
Proposal for a directive
Article 55 – paragraph 3
Article 55 – paragraph 3
3. The president and governing board of the regulatory body for the railway sector shall be appointed by the national parliament for a fixed and renewable term under clear rules which guarantee independence. They shall be selected from among persons who have had no professional position or responsibility, interest or business relationship, directly or indirectly, with the regulated undertakings or entities for a period of three yearsreasonable period before their appointment, and explicitly stating it by an appropriate declaration of interest during their term of office. Afterwards, they shall have no professional position or responsibility, interest or business relationship with any of the regulated undertakings or entities for a period of not less than three yearsreasonable period. They shall have full authority over the recruitment and management of the staff of the regulatory body according to national laws.
Amendment 600 #
Proposal for a directive
Article 56 – paragraph 1 – introductory part
Article 56 – paragraph 1 – introductory part
1. Without prejudice to Article 46(6), an applicant shall have the right to appeal to the regulatory body if it believes that it has been unfairly treated, discriminated against or is in any other way aggrieved, and in particular againstdue to decisions adopted by the infrastructure manager or where appropriate by the railway undertaking or by the railway operator of a service facility and a dispute arises concerning:
Amendment 600 #
Proposal for a directive
Article 56 – paragraph 1 – introductory part
Article 56 – paragraph 1 – introductory part
1. Without prejudice to Article 46(6), an applicant shall have the right to appeal to the regulatory body if it believes that it has been unfairly treated, discriminated against or is in any other way aggrieved, and in particular againstdue to decisions adopted by the infrastructure manager or where appropriate by the railway undertaking or by the railway operator of a service facility and a dispute arises concerning:
Amendment 604 #
Proposal for a directive
Article 56 – paragraph 2
Article 56 – paragraph 2
2. The regulatory body shall also have the power to monitor the competitionstate in the rail services markets and review points (a) to (g) of paragraph 1 on its own initiative and with a view to preventing discrimination between applicants. It shall, in particular, check whether the network statement contains discriminatory clauses or creates discretionary powers forwith a view to preventing discrimination between applicants. Among others it shall check if discriminatory clauses in the network statement are used by the infrastructure manager that may be used to discriminate between applicants. The regulatory body shall have the necessary organisational capacity to carry out these tasks.
Amendment 604 #
Proposal for a directive
Article 56 – paragraph 2
Article 56 – paragraph 2
2. The regulatory body shall also have the power to monitor the competitionstate in the rail services markets and review points (a) to (g) of paragraph 1 on its own initiative and with a view to preventing discrimination between applicants. It shall, in particular, check whether the network statement contains discriminatory clauses or creates discretionary powers forwith a view to preventing discrimination between applicants. Among others it shall check if discriminatory clauses in the network statement are used by the infrastructure manager that may be used to discriminate between applicants. The regulatory body shall have the necessary organisational capacity to carry out these tasks.
Amendment 607 #
Proposal for a directive
Article 56 – paragraph 3
Article 56 – paragraph 3
3. The regulatory body shall ensure that charges set by the infrastructure manager comply with Chapter IV, Section 2 and are non-discriminatory. N and negotiations between applicants and an infrastructure manager concerning the level of infrastructure charges shall only be permitted if these are carried out under the supervision of the regulatory body. Tthose charges are consistent with the provisions of Chapter IV, Section 2. Under request of actors set in paragraph 1, the regulatory body shall intervene if negotiations are likely to contravene the requirements of this Chapter.
Amendment 607 #
Proposal for a directive
Article 56 – paragraph 3
Article 56 – paragraph 3
3. The regulatory body shall ensure that charges set by the infrastructure manager comply with Chapter IV, Section 2 and are non-discriminatory. N and negotiations between applicants and an infrastructure manager concerning the level of infrastructure charges shall only be permitted if these are carried out under the supervision of the regulatory body. Tthose charges are consistent with the provisions of Chapter IV, Section 2. Under request of actors set in paragraph 1, the regulatory body shall intervene if negotiations are likely to contravene the requirements of this Chapter.
Amendment 613 #
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 months from receipt of all information. 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 613 #
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 months from receipt of all information. 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 618 #
Proposal for a directive
Article 56 – paragraph 8
Article 56 – paragraph 8
Amendment 618 #
Proposal for a directive
Article 56 – paragraph 8
Article 56 – paragraph 8
Amendment 634 #
Proposal for a directive
Article 57 – paragraph 7 – subparagraph 1
Article 57 – paragraph 7 – subparagraph 1
Amendment 634 #
Proposal for a directive
Article 57 – paragraph 7 – subparagraph 1
Article 57 – paragraph 7 – subparagraph 1
Amendment 637 #
Proposal for a directive
Article 57 – paragraph 7 – subparagraph 2
Article 57 – paragraph 7 – subparagraph 2
Amendment 637 #
Proposal for a directive
Article 57 – paragraph 7 – subparagraph 2
Article 57 – paragraph 7 – subparagraph 2
Amendment 649 #
Proposal for a directive
Annex 1 – indent 6
Annex 1 – indent 6
– ARailway access way for passengers and goods, including access by roadthe related building facilities and pedestrian or road access;
Amendment 649 #
Proposal for a directive
Annex 1 – indent 6
Annex 1 – indent 6
– ARailway access way for passengers and goods, including access by roadthe related building facilities and pedestrian or road access;
Amendment 650 #
Proposal for a directive
Annex 1 – indent 10
Annex 1 – indent 10
– Buildings used by the infrastructure department to ensure reliability and compliance to its tasks.
Amendment 650 #
Proposal for a directive
Annex 1 – indent 10
Annex 1 – indent 10
– Buildings used by the infrastructure department to ensure reliability and compliance to its tasks.
Amendment 657 #
Proposal for a directive
Annex 2
Annex 2
Amendment 657 #
Proposal for a directive
Annex 2
Annex 2
Amendment 660 #
Proposal for a directive
Annex 3 – point 1 – introductory part
Annex 3 – point 1 – introductory part
1. The minimum access package shall compriseright to access shall comprise the following services and railway facilities whose related costs and corresponding charges for their use will be paid to the respective railway enterprises providing them, both infrastructure manager and concerned railway operators:
Amendment 660 #
Proposal for a directive
Annex 3 – point 1 – introductory part
Annex 3 – point 1 – introductory part
1. The minimum access package shall compriseright to access shall comprise the following services and railway facilities whose related costs and corresponding charges for their use will be paid to the respective railway enterprises providing them, both infrastructure manager and concerned railway operators:
Amendment 661 #
Proposal for a directive
Annex 3 – point 1 – subpoint d a (new)
Annex 3 – point 1 – subpoint d a (new)
(d a) safety and technical inspection of rolling stock
Amendment 661 #
Proposal for a directive
Annex 3 – point 1 – subpoint d a (new)
Annex 3 – point 1 – subpoint d a (new)
(d a) safety and technical inspection of rolling stock
Amendment 662 #
Proposal for a directive
Annex 3 – point 1 – subpoint e
Annex 3 – point 1 – subpoint e
(e) use of electrical supply equipment for traction current, where available and use of traction current when needed with the respective charges to be shown separately;
Amendment 662 #
Proposal for a directive
Annex 3 – point 1 – subpoint e
Annex 3 – point 1 – subpoint e
(e) use of electrical supply equipment for traction current, where available and use of traction current when needed with the respective charges to be shown separately;
Amendment 664 #
Proposal for a directive
Annex 3 – point 1 – subpoint f
Annex 3 – point 1 – subpoint f
(f) use of refuelling facilities, where available and supply of fuel, when needed with the respective charges to be shown separately;
Amendment 664 #
Proposal for a directive
Annex 3 – point 1 – subpoint f
Annex 3 – point 1 – subpoint f
(f) use of refuelling facilities, where available and supply of fuel, when needed with the respective charges to be shown separately;
Amendment 665 #
Proposal for a directive
Annex 3 – point 1 – subpoint f a (new)
Annex 3 – point 1 – subpoint f a (new)
(f a) passenger stations, their buildings, their facilities including a suitable space for unified ticketing and for travel information facilities. The requirement related to ticketing shall not apply in the United Kingdom where a common national ticketing and information system already exists;
Amendment 665 #
Proposal for a directive
Annex 3 – point 1 – subpoint f a (new)
Annex 3 – point 1 – subpoint f a (new)
(f a) passenger stations, their buildings, their facilities including a suitable space for unified ticketing and for travel information facilities. The requirement related to ticketing shall not apply in the United Kingdom where a common national ticketing and information system already exists;
Amendment 666 #
Proposal for a directive
Annex 3 – point 1 – subpoint f b (new)
Annex 3 – point 1 – subpoint f b (new)
(f b) freight terminals
Amendment 666 #
Proposal for a directive
Annex 3 – point 1 – subpoint f b (new)
Annex 3 – point 1 – subpoint f b (new)
(f b) freight terminals
Amendment 667 #
Proposal for a directive
Annex 3 – point 1 – subpoint f c (new)
Annex 3 – point 1 – subpoint f c (new)
(f c) marshalling yards;
Amendment 667 #
Proposal for a directive
Annex 3 – point 1 – subpoint f c (new)
Annex 3 – point 1 – subpoint f c (new)
(f c) marshalling yards;
Amendment 668 #
Proposal for a directive
Annex 3 – point 1 – subpoint f d (new)
Annex 3 – point 1 – subpoint f d (new)
(f d) train formation facilities;
Amendment 668 #
Proposal for a directive
Annex 3 – point 1 – subpoint f d (new)
Annex 3 – point 1 – subpoint f d (new)
(f d) train formation facilities;
Amendment 669 #
Proposal for a directive
Annex 3 – point 1 – subpoint f e (new)
Annex 3 – point 1 – subpoint f e (new)
(f e) storage sidings;
Amendment 669 #
Proposal for a directive
Annex 3 – point 1 – subpoint f e (new)
Annex 3 – point 1 – subpoint f e (new)
(f e) storage sidings;
Amendment 670 #
Proposal for a directive
Annex 3 – point 1 – subpoint f f (new)
Annex 3 – point 1 – subpoint f f (new)
(f f) maintenance and other technical facilities;
Amendment 670 #
Proposal for a directive
Annex 3 – point 1 – subpoint f f (new)
Annex 3 – point 1 – subpoint f f (new)
(f f) maintenance and other technical facilities;
Amendment 671 #
Proposal for a directive
Annex 3 – point 1 – subpoint f g (new)
Annex 3 – point 1 – subpoint f g (new)
(f g) port facilities which are linked to rail activities;
Amendment 671 #
Proposal for a directive
Annex 3 – point 1 – subpoint f g (new)
Annex 3 – point 1 – subpoint f g (new)
(f g) port facilities which are linked to rail activities;
Amendment 672 #
Proposal for a directive
Annex 3 – point 1 – subpoint f h (new)
Annex 3 – point 1 – subpoint f h (new)
(f h) relief facilities including towing to clear the running lines;
Amendment 672 #
Proposal for a directive
Annex 3 – point 1 – subpoint f h (new)
Annex 3 – point 1 – subpoint f h (new)
(f h) relief facilities including towing to clear the running lines;
Amendment 673 #
Proposal for a directive
Annex 3 – point 1 – subpoint f i (new)
Annex 3 – point 1 – subpoint f i (new)
(f i) pre-heating of passenger trains;
Amendment 673 #
Proposal for a directive
Annex 3 – point 1 – subpoint f i (new)
Annex 3 – point 1 – subpoint f i (new)
(f i) pre-heating of passenger trains;
Amendment 674 #
Proposal for a directive
Annex 3 – point 1 – subpoint f j (new)
Annex 3 – point 1 – subpoint f j (new)
(f j) tailor-made contracts for control of transport of dangerous goods and /or in assistance in running abnormal trains;
Amendment 674 #
Proposal for a directive
Annex 3 – point 1 – subpoint f j (new)
Annex 3 – point 1 – subpoint f j (new)
(f j) tailor-made contracts for control of transport of dangerous goods and /or in assistance in running abnormal trains;
Amendment 675 #
Proposal for a directive
Annex 3 – point 1 – subpoint f k (new)
Annex 3 – point 1 – subpoint f k (new)
(f k) access to telecommunication networks;
Amendment 675 #
Proposal for a directive
Annex 3 – point 1 – subpoint f k (new)
Annex 3 – point 1 – subpoint f k (new)
(f k) access to telecommunication networks;
Amendment 676 #
Proposal for a directive
Annex 3 – point 2 – introductory part
Annex 3 – point 2 – introductory part
Amendment 676 #
Proposal for a directive
Annex 3 – point 2 – introductory part
Annex 3 – point 2 – introductory part
Amendment 690 #
Proposal for a directive
Annex 3 – point 3
Annex 3 – point 3
Amendment 690 #
Proposal for a directive
Annex 3 – point 3
Annex 3 – point 3
Amendment 692 #
Proposal for a directive
Annex 3 – point 4
Annex 3 – point 4
Amendment 692 #
Proposal for a directive
Annex 3 – point 4
Annex 3 – point 4
Amendment 693 #
Proposal for a directive
Annex 6 – point 1
Annex 6 – point 1
1. A section setting out the nature of the infrastructure which is available to railway undertakings and the conditions of access to it including the technical and safety rules governing the access of railway vehicles as regulated by directives 2008/57/EC and 2004/49/EC. The information in this section shall be consistent with or refer to the rail infrastructure registers to be published in accordance with Article 35 of Directive 2008/57/EC.
Amendment 693 #
Proposal for a directive
Annex 6 – point 1
Annex 6 – point 1
1. A section setting out the nature of the infrastructure which is available to railway undertakings and the conditions of access to it including the technical and safety rules governing the access of railway vehicles as regulated by directives 2008/57/EC and 2004/49/EC. The information in this section shall be consistent with or refer to the rail infrastructure registers to be published in accordance with Article 35 of Directive 2008/57/EC.
Amendment 701 #
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;
Amendment 701 #
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;
Amendment 704 #
Proposal for a directive
Annex 8 – point 1 – subpoint a
Annex 8 – point 1 – subpoint a
(a) Network-wide overhead costs, including salaries and pensions;
Amendment 704 #
Proposal for a directive
Annex 8 – point 1 – subpoint a
Annex 8 – point 1 – subpoint a
(a) Network-wide overhead costs, including salaries and pensions;
Amendment 706 #
Proposal for a directive
Annex 8 – point 1 – subpoint f
Annex 8 – point 1 – subpoint f
Amendment 706 #
Proposal for a directive
Annex 8 – point 1 – subpoint f
Annex 8 – point 1 – subpoint f
Amendment 710 #
Proposal for a directive
Annex 8 – point 3 – introductory part
Annex 8 – point 3 – introductory part
3. The infrastructure manager shall demonstrate to the regulatory body the ability of a train service to paymay define homogeneous market segments and corresponding mark-ups according to Article 32(1), whereby each applicable ofn the services listed under a single basis of a market study and after consultatione of the following points shall belong to different market segmentsapplicants in order to improve the traffic volumes in each individual segment. The railway market segments to be taken into account using of the following indicative criteria are:
Amendment 710 #
Proposal for a directive
Annex 8 – point 3 – introductory part
Annex 8 – point 3 – introductory part
3. The infrastructure manager shall demonstrate to the regulatory body the ability of a train service to paymay define homogeneous market segments and corresponding mark-ups according to Article 32(1), whereby each applicable ofn the services listed under a single basis of a market study and after consultatione of the following points shall belong to different market segmentsapplicants in order to improve the traffic volumes in each individual segment. The railway market segments to be taken into account using of the following indicative criteria are:
Amendment 722 #
Proposal for a directive
Annex 10
Annex 10
Amendment 722 #
Proposal for a directive
Annex 10
Annex 10