29 Amendments of Carlo FIDANZA related to 2013/0015(COD)
Amendment 80 #
Proposal for a directive
Recital 19
Recital 19
(19) In order to ensure the progressive implementation of rail interoperability within the whole Union and gradually reduce the diversity of legacy systems, the TSIs should specify the provisions to be applied in the event of renewal or upgrading of existing subsystems and may specify deadlines for achieving the target system.
Amendment 88 #
Proposal for a directive
Recital 37
Recital 37
(37) After a subsystem is placed in service, care should be taken to ensure that it is operated and maintained in accordance with the essential requirements relating to it. Under Directive […/….../...] [Railway Safety Directive]10 , responsibility for meeting these requirements lies, for their respective subsystemcompetences, with the infrastructure manager or the railway undertakingdifferent railway actors.
Amendment 115 #
Proposal for a directive
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘'upgrading’' means any major modification work on a subsystem or part of it which results in a change in the technical file accompanying the ‘EC’ declaration of verification, if this technical file exists, and which improves the overall performance of the subsystem, a vehicle or part of it, and which improves the overall performance of the subsystem. Each TSI shall specify "major" for the relevant subsystems or vehicle;
Amendment 121 #
Proposal for a directive
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘'renewal’' means any major substitution work on a subsystem or a vehicle or part of it which does not change the overall performance of the subsystem;
Amendment 134 #
Proposal for a directive
Article 2 – paragraph 1 – point 26
Article 2 – paragraph 1 – point 26
(26) ‘'national rules’' means all binding rules notified by a Member State containing railway safety, or technical requirements imposed at Member State level and applicable to railway undertakingactors, irrespective of the body issuing them;.
Amendment 152 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. SFixed subsystems shall comply with the TSIs in force at the time of their placing in service, upgrading or renewal, in accordance with this Directive; tfirst appointment of a Notified Body and at the latest at the time of granting of building permits; vehicles shall be in compliance with the TSIs and national rules in force at the time of first appointment of a Notified Body. This compliance shall be permanently maintained while each subsystem is in use.
Amendment 157 #
Proposal for a directive
Article 4 – paragraph 4 – point f
Article 4 – paragraph 4 – point f
(f) indicate the strategy for the application of the TSIs. In particular, it is necessary to specify the stages to be completed in order to make a gradual transition from the existing situation to the final situation in which compliance with the TSIs shall be the norm including setting deadlines for completion of those stages where necessary ;
Amendment 165 #
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Each TSI shall be drawn up on the basis of an examination of an existing subsystem and indicate a target subsystem that may be obtained gradually within a reasonable time-scale. Accordingly, the gradual adoption of the TSIs and compliance with them shall facilitate gradually within that time-scale to achieve the interoperability of the rail system.
Amendment 168 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. During the preparatory work on TSIs the Commission mayThe committee referred to in Article 48 shall be kept regularly informed of the preparatory work on the TSIs. During this work on TSIs the Commission may, at the request of the committee, formulate any terms of reference or useful recommendations concerning the design of the TSIs and the cost-benefit analysis. In particular, the Commission may, at the request of a Member State, require that alternative solutions be examined and that the assessment of the cost and benefits of these alternative solutions be set out in the report annexed to the draft TSI.
Amendment 169 #
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
Amendment 176 #
Proposal for a directive
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. A member of the network of representative bodies may act as applicant to request opinions about deficiencies in a TSI via the Commission. The Commission shall inform the applicant of its decision and justify refusals.
Amendment 178 #
Proposal for a directive
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) for any proposed renewal, extension or upgrading of an existing subsystem or part of it , when the application of these TSIs would compromise the economic viability of the project. and/or the compatibility of the rail system in that Member State;
Amendment 205 #
Proposal for a directive
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Member States shall ensure that nNational rules, including those covering the interfaces between vehicles and network, are made availableshall be provided by Member States free of charge and in a language that can be understood by all parties concerned.
Amendment 214 #
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Any amendment of the technical file referred to in paragraph 3 that has an impact on the verifications carried outupgrading implies the need to establish a new ‘'EC’' declaration of verification.
Amendment 246 #
Proposal for a directive
Article 18 – paragraph 5 – introductory part
Article 18 – paragraph 5 – introductory part
5. In the event of renewal or upgrading of existing subsystems, a new ‘'EC’' declaration of verification shall be needed as set out in Article 15(4). In addition, a new authorisation for placing in service shall be required when:
Amendment 247 #
Proposal for a directive
Article 18 – paragraph 5 – point f
Article 18 – paragraph 5 – point f
(f) the overall safety level of the subsystem concerned may be substantially adversely affected by the works envisaged; or
Amendment 248 #
Proposal for a directive
Article 18 – paragraph 5 – point h
Article 18 – paragraph 5 – point h
(h) it is required by the national implementation plans established by the Member States according to articles 5.
Amendment 250 #
Proposal for a directive
Article 19
Article 19
Amendment 277 #
Proposal for a directive
Article 20 – paragraph 4 – introductory part
Article 20 – paragraph 4 – introductory part
4. The vehicle authoriszation for placing on the market shall be issued only if the vehicle is designed, constructed and installed in such a way as to meet the essential requirements as set out in Annex III. This authorization shall be issued on the basis of a file of the vehicle or type of vehicle produced by the applicant and including the documentary evidence of:
Amendment 280 #
Proposal for a directive
Article 20 – paragraph 4 – point -i (new)
Article 20 – paragraph 4 – point -i (new)
(-i) The technical compatibility and safe integration of the vehicle with the network(s) concerned, established on the basis of the relevant TSIs, national rules and the common safety methods set out in Article 6 of Directive .../... [on the safety of the rail system within the Union].
Amendment 281 #
Proposal for a directive
Article 20 – paragraph 4 – point -i a (new)
Article 20 – paragraph 4 – point -i a (new)
(-ia) In the event of renewal or upgrading of existing subsystems, a new 'EC' declaration of verification shall be needed as set out in Article 15(4).
Amendment 282 #
Proposal for a directive
Article 20 – paragraph 4 – point -i b (new)
Article 20 – paragraph 4 – point -i b (new)
(-ib) Declaration of verification for national rules requirements;
Amendment 283 #
Proposal for a directive
Article 20 – paragraph 4 – point -i c (new)
Article 20 – paragraph 4 – point -i c (new)
(-ic) EC declaration of verification for TSI's requirements;
Amendment 286 #
Proposal for a directive
Article 20 – paragraph 4 – point i
Article 20 – paragraph 4 – point i
Amendment 290 #
Proposal for a directive
Article 20 – paragraph 4 – point j
Article 20 – paragraph 4 – point j
Amendment 295 #
Proposal for a directive
Article 20 – paragraph 4 – point k
Article 20 – paragraph 4 – point k
Amendment 332 #
Proposal for a directive
Article 20 – paragraph 9 – subparagraph 1
Article 20 – paragraph 9 – subparagraph 1
Amendment 337 #
Proposal for a directive
Article 20 – paragraph 9 – subparagraph 2
Article 20 – paragraph 9 – subparagraph 2
Amendment 359 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1
Article 21 – paragraph 1 – subparagraph 1
Railway undertakings shall place in service a vehicle only after having checked, , in consultation with the infrastructure managerusing the information of the RINF, the technical compatibility and safe integration between the vehicle and the route and the safe integration of the vehicle into the system in which it is intended to operate, established on the basis of the relevant TSIs, national rules, registers, and the common safety methods set out in Article 6 of Directive. In order to help the Railway Undertakings to check the technical compatibility and safe integration between the vehicle and the route(s), the infrastructure manager, on request, shall provide the railway undertakings with additional information related to the route(s) characteristics.