23 Amendments of Izaskun BILBAO BARANDICA related to 2008/0247(COD)
Amendment 81 #
Council position
Recital 9
Recital 9
(9) The international rail corridors for a European rail network for competitive freight should be set up in a manner consistent with the Trans-European Transport Network ("‘TEN-T"’) and//or the European Railway Traffic Management System ("‘ERTMS"’) corridors. To that end, the coordinated development of the networks is necessary, and in particular as regards the integration of the international corridors for rail freight into the existing TEN-T and the ERTMS corridors. Furthermore, harmonising rules relating to those freight corridors should be established at the level of the Union. If necessary, the creation of those corridors should be supported financially within the framework of the TEN-T, research and Marco Polo programmes, and other policies and funds of the Union, such as the European Regional Development Fund or the Cohesion Fund.
Amendment 83 #
Council position
Recital 10
Recital 10
(10) Within the framework of a freight corridor, good coordination between the Member States and the infrastructure managers concerned should be ensured, sufficient priority should bebetter and sufficient facilitation given to rail freight traffic, effective and adequate links to other modes of transport should be set upet up in order to develop an efficient and integrated freight transport network, and conditions should be created which are favourable to the development of competition between rail freight service providers.
Amendment 84 #
Council position
Recital 10 a (new)
Recital 10 a (new)
(10a) The selection of freight corridors should be done in a transparent way and in consultation with the Commission, the Parliament and the relevant stakeholders, in order to ensure that the European interest is respected; the corridors should aim at achieving the internal rail market and a European network of rail freight corridors in a sustainable, safe, and efficient way in a manner consistent with the priority projects of the TEN-T, the ERTMS corridors and the RailNetEurope network.
Amendment 85 #
Council position
Recital 12
Recital 12
(12) In order to stimulate coordination between the Member States and the, infrastructure managers, an appropriate governance structure for each freight corridor should be establishedd railway undertakings, each freight corridor should be supported by a governance body comprised of the various infrastructure managers who are involved with the freight corridor, taking account of the need to avoid duplication with already existing governance structures.
Amendment 87 #
Council position
Recital 13
Recital 13
(13) In order to meet market needs, the methods for establishcreating a freight corridor should be presented in an implementation plan, which should include identifying and setting a schedule for measures which would improve the performance of rail freight. Furthermore, to ensure that planned or implemented measures for the establishmentcreation of a freight corridor meet the needs or expectations of all of the users of the freight corridor, the applicants likely to use the freight corridormarket, all user railway undertakings must be regularly consulted in accordance with appropriate procedures defined by the management board.
Amendment 88 #
Council position
Recital 15
Recital 15
(15) In order to guarantee the consistency and continuity of the infrastructure capacities available along the freight corridor, investment in the freight corridor should be coordinated between Member States and, the infrastructure managers concernedand the railway undertakings concerned, as well as, if applicable, between Member States and third countries, and planned in a way which meets the needs of the freight corridor. The schedule for carrying out the investment should be published to ensure that applicants whorailway undertakings that may operate in the corridor are well-informed. The investment should include projects relating to the development of interoperable systems and the increase in capacity of the trains.
Amendment 89 #
Council position
Recital 17
Recital 17
(17) In order to facilitate requests for infrastructure capacitiesy for international rail freight services, it is appropriate to designate or establishset up a one-stop shop for each freight corridor. For this, existing initiatives should be built upon, in particular those undertaken by RNE, a body which acts as a coordination tool for the infrastructure managers and provides a number of services to international freight undertakingoperators.
Amendment 93 #
Council position
Recital 25
Recital 25
(25) Since the objective of this Regulation, namely the establishmentcreation of a European rail network for competitive freight made up of freight corridors, cannot be sufficiently achieved by the Member States alone and can therefore by reason of its scale and effects be better achieved at the level of the Union, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 94 #
Council position
Recital 26
Recital 26
(26) Fair rules based on cooperation between the infrastructure managers, who must provide a quality service to freight undertakingoperators within the framework of an international rail corridor, should be introduced in respect of the coordination of investment and the management of capacities and traffic.
Amendment 95 #
Council position
Recital 29
Recital 29
(29) In addition, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union in respect of the adaptation of Annex II. It is of particular importance that the Commission consult experts during its preparatory work, in accordance with the commitments made in the Commission Communication of 9 December 2009 on the implementation of Article 290 of the Treaty on the Functioning of the European Union.
Amendment 97 #
Council position
Article 2 - paragraph 2 - point a
Article 2 - paragraph 2 - point a
a) "freight corridor" means all designatedthe railway lines in the territory of the Member States and, where necessary, European third countries, linking terminals along the principal route of the freight corridor, includwo or more terminals, including a principal axis, alternative routes and paths linking them, and railway infrastructure and its equipment in the freight terminals, marshalling yards and train formation facilities, and, where necessary, diversionary routess well as branch lines to the latter, including all related services as set out in Annex II to Directive 2001/14/EC;
Amendment 98 #
Council position
Article 2 - paragraph 2 - point b
Article 2 - paragraph 2 - point b
b) "implementation plan" means the document presenting the means, measures and the strategy that the parties concerned intend to implement in order to develop over a specified period the measures which are necessary and sufficient to establishcreate the freight corridor;
Amendment 99 #
Council position
Article 2 - paragraph 2 - point b a (new)
Article 2 - paragraph 2 - point b a (new)
(ba)"heavy maintenance work" means any intervention or repair to the railway infrastructure and its equipment, planned at least one year in advance, which is necessary for running the trains along the freight corridor and requires infrastructure capacity to be reserved in accordance with Article 28 of Directive 2001/14/EC;
Amendment 100 #
Council position
Article 2 - paragraph 2 - point c a (new)
Article 2 - paragraph 2 - point c a (new)
(ca) "one-stop shop" means a joint entity set up by each infrastructure manager on the freight corridor which offers applicants the opportunity to request in a single place and in a single operation a train path for a journey crossing at least one border.
Amendment 106 #
Council position
Article 2 - paragraph 2 a (new)
Article 2 - paragraph 2 a (new)
2a. The management board shall draw up an integrated strategy for the development of terminals that will meet the needs of rail freight running on the rail corridor, in particular by acting as intermodal nodes along the freight corridors. These measures shall include cooperation with regional, local and national governments, the sourcing of land to develop rail freight terminals and the provision of funds to back such development. The management board shall ensure that sufficient terminals are created, based on the expected volume of traffic.
Amendment 107 #
Council position
Article 2 a (new)
Article 2 a (new)
Amendment 118 #
Council position
Article 7 - paragraph 2
Article 7 - paragraph 2
2. For each freight corridor, the infrastructure managers concerned and, where relevant, the allocation bodies as referred to in Article 14(2) of Directive 2001/14/EC, shall establishset up a management board responsible for taking the measures as expressly provided for in paragraph 6 of this Article and in Articles 8, 10, 12(1), 13(2), (5) and (6), 15(1)6, 7, 8, 9, 10, 11, 12, 13, 14, 165 and 17(2) and (3)6 of this Regulation. The management board shall be composed of the representatives of the infrastructure managers. The railway undertakings concerned or groupings of these railway undertakings using the corridor regularly shall participate in this body on a consultative basis. The management board shall make regular reports on its activity to the Member States concerned and, where necessary, to the Commission and European coordinators of the TEN-T priority projects referred to in Article 17a of Decision No 1692/96/EC of the European Parliament and of the Council1 and involved in the freight corridor. 1 OJ L 228, 9.9.1996.
Amendment 131 #
Council position
Article 11
Article 11
The infrastructure managers concernemanagement board shall coordinate and publish, according tofollowing an appropriate manner and timeframetimetable and in accordance with the respective contractual agreements and Article 6 of Directive 2001/14/EC, their schedule for carrying out all the works on infrastructure and its equipment that would restrict available capacity on the freight corridornetwork.
Amendment 137 #
Council position
Article 12 - paragraph 1 a (new)
Article 12 - paragraph 1 a (new)
1a. Individual infrastructure managers of a corridor may be instructed to act as the one-stop shop to facilitate the lodging of requests. These requests shall be sent immediately to the one-stop shop set up for this purpose.
Amendment 139 #
Council position
Article 12 - paragraph 4
Article 12 - paragraph 4
4. The activities of the one-stop shop shall be carried out underin a transparent mand non- discriminatory conditionner; to this end a register, made freely available to all interested parties to prevent any discrimination, shall be kept wherein are noted the date requests are made, the names of the applicants, details of documentation supplied and of incidents. These activities shall be subject to the control of the regulatory bodies in accordance with Article 18.
Amendment 144 #
Council position
Article 13 - paragraph 5 - subparagraph 1
Article 13 - paragraph 5 - subparagraph 1
5. Infrastructure managers shall, if justified by market need and the evaluation referred to in paragraph 2 of this Article, jointly define the reserve capacity for international freight trains running on the freight corridors recognising the need for capacity of other types of transport, including passenger transport and keep thisThe management board, following the preliminary evaluation of the need to constitute a reserve capacity for ad hoc requests, and all the while ensuring that the allocated train path meets quality standards in terms of journey time and timetables adapted for international facilitated freight traffic, shall keep such a reserve available within their final working timetables to allow them to respond quickly and appropriately to ad hoc requests for capacity as referred to in Article 23 of Directive 2001/14/EC. This capacity shall be reserved until the time-limit before its scheduled time as decided by the management board. This time-limit shall not exceed 90 daytwo months.
Amendment 147 #
Council position
Article 13 - paragraph 7
Article 13 - paragraph 7
7. Save in the case of force majeure, a train path allocated to a facilitated freight operation underpursuant to this Article may not be cancelled less than onetwo months before its scheduled timeslot in the working timetable except ifunless the applicant concerned gives its approval for such cancellation. In such a case the infrastructure manager concerned shall make an effort to propose to the applicant a train path of an equivalent quality and reliability which the applicant has the right to accept or refuse. This provision shall be without prejudice to any rights the applicant may have under an agreement as referred to in Article 19(1) of Directive 2001/14/EC. In any case, the applicant may refer the matter to the regulatory body.
Amendment 163 #
Council position
Annex I - point 4
Annex I - point 4
PT, ES, FR Sines-Lisboa/Leixões - Madrid-Bilbao-San Sebastiáan-Burdeos- Bordeaux-Paríis-Metz Sines-Elvas/Algeciras