BETA

40 Amendments of Ismail ERTUG related to 2010/0253(COD)

Ismail ERTUG, Jörg LEICHTFRIED, Knut FLECKENSTEIN

Proposal for a directive
Article 3 – paragraph 1 – point 12

(12) ‘applicant’ means a licensed railway undertaking, and, in Member States which provide for such a possibility, 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 service on their respective territories;

2011/05/31
Committee: TRAN

Ismail ERTUG, Jörg LEICHTFRIED, Knut FLECKENSTEIN

Proposal for a directive
Article 3 – paragraph 1 – point 12

(12) ‘applicant’ means a licensed railway undertaking, and, in Member States which provide for such a possibility, 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 service on their respective territories;

2011/05/31
Committee: TRAN

Ismail ERTUG, Jörg LEICHTFRIED, Knut FLECKENSTEIN

Proposal for a directive
Article 7 – paragraph 1 a (new)

(1a) The formation of an association within a concern shall not represent a breach of the provisions of this article if guarantees are provided that the undertakings are legally autonomous.

2011/05/31
Committee: TRAN

Ismail ERTUG, Jörg LEICHTFRIED, Knut FLECKENSTEIN

Proposal for a directive
Article 7 – paragraph 1 a (new)

(1a) The formation of an association within a concern shall not represent a breach of the provisions of this article if guarantees are provided that the undertakings are legally autonomous.

2011/05/31
Committee: TRAN

Ismail ERTUG, Jörg LEICHTFRIED

Proposal for a directive
Article 7 – paragraph 1 – subparagraph 2

~~Annex II may be amended in the light of experience, in accordance with the procedure referred to in Article 60.~~deleted

2011/05/31
Committee: TRAN

Ismail ERTUG, Jörg LEICHTFRIED

Proposal for a directive
Article 7 – paragraph 1 – subparagraph 2

~~Annex II may be amended in the light of experience, in accordance with the procedure referred to in Article 60.~~deleted

2011/05/31
Committee: TRAN

Proposal for a directive
Article 13 – paragraph 2 – subparagraph 5

Where the service facility has not been in use for at least two consecutive years its owner shall publicise the operation of the facility as being for lease or, rent or sale.

2011/05/31
Committee: TRAN

Proposal for a directive
Article 13 – paragraph 2 – subparagraph 5

Where the service facility has not been in use for at least two consecutive years its owner shall publicise the operation of the facility as being for lease or, rent or sale.

2011/05/31
Committee: TRAN

Ismail ERTUG, Jörg LEICHTFRIED

Proposal for a directive
Article 13 – paragraph 5

~~(5) Annex III may be amended in the light of experience in accordance with the procedure referred to in Article 60.~~deleted

2011/05/31
Committee: TRAN

Ismail ERTUG, Jörg LEICHTFRIED

Proposal for a directive
Article 13 – paragraph 5

~~(5) Annex III may be amended in the light of experience in accordance with the procedure referred to in Article 60.~~deleted

2011/05/31
Committee: TRAN

Ismail ERTUG, Knut FLECKENSTEIN

Proposal for a directive
Article 15 – paragraph 4 – point g a (new)

(ga) working conditions in the sector, for each Member State.

2011/05/31
Committee: TRAN

Ismail ERTUG, Knut FLECKENSTEIN

Proposal for a directive
Article 15 – paragraph 4 – point g a (new)

(ga) working conditions in the sector, for each Member State.

2011/05/31
Committee: TRAN

Ismail ERTUG, Jörg LEICHTFRIED

Proposal for a directive
Article 15 – paragraph 5 – subparagraph 2

~~Annex IV may be amended in the light of experience in accordance with the procedure referred to in Article 60.~~deleted

2011/05/31
Committee: TRAN

Ismail ERTUG, Jörg LEICHTFRIED

Proposal for a directive
Article 15 – paragraph 5 – subparagraph 2

~~Annex IV may be amended in the light of experience in accordance with the procedure referred to in Article 60.~~deleted

2011/05/31
Committee: TRAN

Ismail ERTUG, Knut FLECKENSTEIN

Proposal for a directive
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. With that aim in view, it shall also be required to submit proof that its employees have the requisite training, in the form of test certificates issued by a public body, including certificates of fitness and all certificates of competence. The undertaking shall also demonstrate that it has been issued with a safety certificate pursuant to Article 10 of Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on rail safety in the Community1. _____________ 1 OJ L 220, 21.6.2004, p. 16.

2011/05/31
Committee: TRAN

Ismail ERTUG, Knut FLECKENSTEIN

Proposal for a directive
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. With that aim in view, it shall also be required to submit proof that its employees have the requisite training, in the form of test certificates issued by a public body, including certificates of fitness and all certificates of competence. The undertaking shall also demonstrate that it has been issued with a safety certificate pursuant to Article 10 of Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on rail safety in the Community1. _____________ 1 OJ L 220, 21.6.2004, p. 16.

2011/05/31
Committee: TRAN

Proposal for a directive
Article 22 – paragraph 1

Without prejudice to Chapter III of Regulation (EC) No 1371/2007 of the European Parliament and of the Council, a railway undertaking shall be adequately insured for cover, in accordance with national and international law, of its liabilities in the event of accidents, in particular in respect of freight, mail and third parties, with a maximum coverage of EUR 100 million per year and per accident. Where external contractors are involved, the contractor shall provide proof that the level of the sum insured guarantees this coverage and that all social security contributions prescribed by national law have been paid.

2011/05/31
Committee: TRAN

Proposal for a directive
Article 22 – paragraph 1

Without prejudice to Chapter III of Regulation (EC) No 1371/2007 of the European Parliament and of the Council, a railway undertaking shall be adequately insured for cover, in accordance with national and international law, of its liabilities in the event of accidents, in particular in respect of freight, mail and third parties, with a maximum coverage of EUR 100 million per year and per accident. Where external contractors are involved, the contractor shall provide proof that the level of the sum insured guarantees this coverage and that all social security contributions prescribed by national law have been paid.

2011/05/31
Committee: TRAN

Proposal for a directive
Article 24 a (new)

1. In addition to the requirements of this Directive, a railway undertaking shall also comply with national law and regulatory provisions which are compatible with Community law and are applied in a non-discriminatory manner, in particular: (a) specific technical and operational requirements for rail services; (b) safety requirements applying to staff, rolling stock and the internal organisation of the undertaking; (c) provisions on health, safety, social conditions and the rights of workers and consumers; (d) requirements applying to all undertakings in the relevant railway sector designed to offer benefits or protection to consumers. 2. A railway undertaking may at any time refer to the Commission the question of the compatibility of the requirements of national law with Community law and also the question of whether such requirements are applied in a non- discriminatory manner. If the Commission considers that the provisions of this Directive have not been fulfilled, it shall deliver an opinion on the correct interpretation of the Directive without prejudice to Article 258 of the Treaty.

2011/05/31
Committee: TRAN

Proposal for a directive
Article 24 a (new)

1. In addition to the requirements of this Directive, a railway undertaking shall also comply with national law and regulatory provisions which are compatible with Community law and are applied in a non-discriminatory manner, in particular: (a) specific technical and operational requirements for rail services; (b) safety requirements applying to staff, rolling stock and the internal organisation of the undertaking; (c) provisions on health, safety, social conditions and the rights of workers and consumers; (d) requirements applying to all undertakings in the relevant railway sector designed to offer benefits or protection to consumers. 2. A railway undertaking may at any time refer to the Commission the question of the compatibility of the requirements of national law with Community law and also the question of whether such requirements are applied in a non- discriminatory manner. If the Commission considers that the provisions of this Directive have not been fulfilled, it shall deliver an opinion on the correct interpretation of the Directive without prejudice to Article 258 of the Treaty.

2011/05/31
Committee: TRAN

Proposal for a directive
Article 24 b (new)

Railway undertakings shall respect the agreements applicable to international rail transport in force in the Member States in which they operate. They also shall observe the relevant customs and tax provisions.

2011/05/31
Committee: TRAN

Proposal for a directive
Article 24 b (new)

Railway undertakings shall respect the agreements applicable to international rail transport in force in the Member States in which they operate. They also shall observe the relevant customs and tax provisions.

2011/05/31
Committee: TRAN

Ismail ERTUG, Jörg LEICHTFRIED

Proposal for a directive
Article 27 – paragraph 2 – subparagraph 2

~~Annex VI may be amended in the light of experience in accordance with the procedure referred to in Article 60.~~deleted

2011/05/31
Committee: TRAN

Ismail ERTUG, Jörg LEICHTFRIED

Proposal for a directive
Article 27 – paragraph 2 – subparagraph 2

~~Annex VI may be amended in the light of experience in accordance with the procedure referred to in Article 60.~~deleted

2011/05/31
Committee: TRAN

Ismail ERTUG, Jörg LEICHTFRIED

Proposal for a directive
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.~~deleted

2011/05/31
Committee: TRAN

Ismail ERTUG, Jörg LEICHTFRIED

Proposal for a directive
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.~~deleted

2011/05/31
Committee: TRAN

Ismail ERTUG, Jörg LEICHTFRIED

Proposal for a directive
Article 31 – paragraph 5 – subparagraph 2

Annex VIII, point 2 may be amended in the light of experience, in accordance with the procedure referred to in Article 60, in particular to specify the elements of differentiated infrastructure charges.deleted

2011/05/31
Committee: TRAN

Ismail ERTUG, Jörg LEICHTFRIED

Proposal for a directive
Article 31 – paragraph 5 – subparagraph 2

Annex VIII, point 2 may be amended in the light of experience, in accordance with the procedure referred to in Article 60, in particular to specify the elements of differentiated infrastructure charges.deleted

2011/05/31
Committee: TRAN

Ismail ERTUG, Jörg LEICHTFRIED

Proposal for a directive
Article 32 – paragraph 1 – subparagraph 4

~~Annex VIII, point 3 may be amended in the light of experience in accordance with the procedure referred to in Article 60.~~deleted

2011/05/31
Committee: TRAN

Ismail ERTUG, Jörg LEICHTFRIED

Proposal for a directive
Article 32 – paragraph 1 – subparagraph 4

~~Annex VIII, point 3 may be amended in the light of experience in accordance with the procedure referred to in Article 60.~~deleted

2011/05/31
Committee: TRAN

Ismail ERTUG, Jörg LEICHTFRIED

Proposal for a directive
Article 32 – paragraph 3 – subparagraph 2

~~Annex VIII, point 5 may be amended in the light of experience in accordance with the procedure referred to in Article 60.~~deleted

2011/05/31
Committee: TRAN

Ismail ERTUG, Jörg LEICHTFRIED

Proposal for a directive
Article 32 – paragraph 3 – subparagraph 2

~~Annex VIII, point 5 may be amended in the light of experience in accordance with the procedure referred to in Article 60.~~deleted

2011/05/31
Committee: TRAN

Ismail ERTUG, Jörg LEICHTFRIED

Proposal for a directive
Article 35 – paragraph 2 – subparagraph 1

~~The basic principles of the performance scheme as listed in Annex VIII, point 4 shall apply throughout the network.~~deleted

2011/05/31
Committee: TRAN

Ismail ERTUG, Jörg LEICHTFRIED

Proposal for a directive
Article 35 – paragraph 2 – subparagraph 1

~~The basic principles of the performance scheme as listed in Annex VIII, point 4 shall apply throughout the network.~~deleted

2011/05/31
Committee: TRAN

Ismail ERTUG, Jörg LEICHTFRIED

Proposal for a directive
Article 43 – paragraph 1 – subparagraph 2

~~Annex IX may be amended in the light of experience in accordance with the procedure referred to in Article 60.~~deleted

2011/05/31
Committee: TRAN

Ismail ERTUG, Jörg LEICHTFRIED

Proposal for a directive
Article 43 – paragraph 1 – subparagraph 2

~~Annex IX may be amended in the light of experience in accordance with the procedure referred to in Article 60.~~deleted

2011/05/31
Committee: TRAN

Ismail ERTUG, Jörg LEICHTFRIED

Proposal for a directive
Article 56 – paragraph 8 – subparagraph 3

~~Annex X may be amended in the light of experience in accordance with the procedure referred to in Article 60.~~deleted

2011/05/31
Committee: TRAN

Ismail ERTUG, Jörg LEICHTFRIED

Proposal for a directive
Article 56 – paragraph 8 – subparagraph 3

~~Annex X may be amended in the light of experience in accordance with the procedure referred to in Article 60.~~deleted

2011/05/31
Committee: TRAN

Ismail ERTUG, Jörg LEICHTFRIED

Proposal for a directive
Article 60 – paragraph 1

1. Powers to adopt the delegated acts referred to in Articles 7(1) second subparagraph, 13(5) second subparagraph, 15(5) second subparagraph, 20 third paragraph, 27(2), 30(3) second subparagraph, 31(5) second subparagraph, 32(1) third subparagraph, 32(3), 35(2), 43(1) and 56(8) third sub 20 third paragraph shall be conferred on the Commission for an indeterminate period of time.

2011/05/31
Committee: TRAN

Ismail ERTUG, Jörg LEICHTFRIED

Proposal for a directive
Article 60 – paragraph 1

1. Powers to adopt the delegated acts referred to in Articles 7(1) second subparagraph, 13(5) second subparagraph, 15(5) second subparagraph, 20 third paragraph, 27(2), 30(3) second subparagraph, 31(5) second subparagraph, 32(1) third subparagraph, 32(3), 35(2), 43(1) and 56(8) third sub 20 third paragraph shall be conferred on the Commission for an indeterminate period of time.

2011/05/31
Committee: TRAN