56 Amendments of Izaskun BILBAO BARANDICA related to 2010/0253(COD)
Amendment 136 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Rail's share of all transport has not increased in the last decade, despite the objectives laid down in the 2010 railway package. It follows that the present reorganisation is essential.
Amendment 136 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Rail's share of all transport has not increased in the last decade, despite the objectives laid down in the 2010 railway package. It follows that the present reorganisation is essential.
Amendment 137 #
Proposal for a directive
Recital 2 b (new)
Recital 2 b (new)
(2b) Investment in the development and upkeep of railway infrastructure remains insufficient to guarantee the sector's development and capacity to compete.
Amendment 137 #
Proposal for a directive
Recital 2 b (new)
Recital 2 b (new)
(2b) Investment in the development and upkeep of railway infrastructure remains insufficient to guarantee the sector's development and capacity to compete.
Amendment 138 #
Proposal for a directive
Recital 2 c (new)
Recital 2 c (new)
(2c) Non-transparent market conditions are an obvious obstacle to competitive railway services.
Amendment 138 #
Proposal for a directive
Recital 2 c (new)
Recital 2 c (new)
(2c) Non-transparent market conditions are an obvious obstacle to competitive railway services.
Amendment 144 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Guarantees must be provided that the regulatory bodies will carry out their supervisory duties, in order to ensure non- discrimination between railway undertakings, the implementation of suitable charging policies and compliance with the principle of the separation of accounts.
Amendment 144 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Guarantees must be provided that the regulatory bodies will carry out their supervisory duties, in order to ensure non- discrimination between railway undertakings, the implementation of suitable charging policies and compliance with the principle of the separation of accounts.
Amendment 154 #
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, guaranteeing the transparency which ensures that no public funds are diverted to other commercial activities.
Amendment 154 #
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, guaranteeing the transparency which ensures that no public funds are diverted to other commercial activities.
Amendment 168 #
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 clear and transparent rules providing for railway undertakings to pay for the use of railway infrastructure. Such rules should and ensuring there is not discriminateion between railway undertakingsthem.
Amendment 168 #
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 clear and transparent rules providing for railway undertakings to pay for the use of railway infrastructure. Such rules should and ensuring there is not discriminateion between railway undertakingsthem.
Amendment 178 #
Proposal for a directive
Recital 11
Recital 11
(11) An efficient freight sector, especially across borders, requires action to open up the market and generate competitiveness.
Amendment 178 #
Proposal for a directive
Recital 11
Recital 11
(11) An efficient freight sector, especially across borders, requires action to open up the market and generate competitiveness.
Amendment 198 #
Proposal for a directive
Recital 20
Recital 20
(20) In order to invest in services using specialised infrastructure, such as high- speed railway lines, applicants need legal certainty given the substantialand full information on projects and budgetary commitments in respect of the long-term investment involved.
Amendment 198 #
Proposal for a directive
Recital 20
Recital 20
(20) In order to invest in services using specialised infrastructure, such as high- speed railway lines, applicants need legal certainty given the substantialand full information on projects and budgetary commitments in respect of the long-term investment involved.
Amendment 210 #
Proposal for a directive
Recital 23
Recital 23
(23) In order to ensure dependable and adequate services, it is necessary to ensure that, at all times, railway undertakings meet certain requirements in relation to good repute, financial fitness and professional competenceeffective and competitive outcomes.
Amendment 210 #
Proposal for a directive
Recital 23
Recital 23
(23) In order to ensure dependable and adequate services, it is necessary to ensure that, at all times, railway undertakings meet certain requirements in relation to good repute, financial fitness and professional competenceeffective and competitive outcomes.
Amendment 213 #
Proposal for a directive
Recital 24
Recital 24
(24) For the protection of customers and third parties concerned it is importantessential to ensure that railway undertakings are sufficiently insured against liability.
Amendment 213 #
Proposal for a directive
Recital 24
Recital 24
(24) For the protection of customers and third parties concerned it is importantessential to ensure that railway undertakings are sufficiently insured against liability.
Amendment 217 #
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 conditions and the rights of workers and consumers on specificall stretches of track.
Amendment 217 #
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 conditions and the rights of workers and consumers on specificall stretches of track.
Amendment 221 #
Proposal for a directive
Recital 27
Recital 27
(27) To ensure transparency and non- discriminatory access to rail infrastructure and rail-related services for all railway undertakings, all the information required to use access rights is to be published in a network statement, including formats which are accessible for people with disabilities or reduced mobility.
Amendment 221 #
Proposal for a directive
Recital 27
Recital 27
(27) To ensure transparency and non- discriminatory access to rail infrastructure and rail-related services for all railway undertakings, all the information required to use access rights is to be published in a network statement, including formats which are accessible for people with disabilities or reduced mobility.
Amendment 230 #
Proposal for a directive
Recital 37
Recital 37
(37) It is desirable forThe contract award criteria applying to railway undertakings and the infrastructure manager to be provided with incentivesmust include a commitment to minimiseing disruption and improving the performance of the network.
Amendment 230 #
Proposal for a directive
Recital 37
Recital 37
(37) It is desirable forThe contract award criteria applying to railway undertakings and the infrastructure manager to be provided with incentivesmust include a commitment to minimiseing disruption and improving the performance of the network.
Amendment 248 #
Proposal for a directive
Recital 61
Recital 61
(61) It is desirable for rRailway undertakings and the infrastructure manager to be provided with incentivesmust be required to minimise disruption of the network.
Amendment 248 #
Proposal for a directive
Recital 61
Recital 61
(61) It is desirable for rRailway undertakings and the infrastructure manager to be provided with incentivesmust be required to minimise disruption of the network.
Amendment 251 #
Proposal for a directive
Recital 64
Recital 64
(64) Specific measures are required to take account of the specificparticular geopolitical and geographical situation of certain Member States andas well as the particular organisation of the railway sector in various Member States while ensuring the integrity of the internal market.
Amendment 251 #
Proposal for a directive
Recital 64
Recital 64
(64) Specific measures are required to take account of the specificparticular geopolitical and geographical situation of certain Member States andas well as the particular organisation of the railway sector in various Member States while ensuring the integrity of the internal market.
Amendment 296 #
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'ir financial equilibrium and other technical, commercial and financial management objectives; they must also indicate with a view to maximising effectiveness, efficiency and competitiveness. Their budgets must indicate and consider the means of obtaining these objectives.
Amendment 296 #
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'ir financial equilibrium and other technical, commercial and financial management objectives; they must also indicate with a view to maximising effectiveness, efficiency and competitiveness. Their budgets must indicate and consider the means of obtaining these objectives.
Amendment 341 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall develop their national railway infrastructure by taking into account, where necessary, the general needs of the Union. For this purpose, they shall publish at the latest two years after the entry into force of this Directive a rail infrastructure development strategy – which will be discussed with the local and regional authorities concerned as well as other interested parties – with a view to meeting future mobility needs based on sound and sustainable financing of the railway system. The strategy shall cover a period of at least five years and be renewable.
Amendment 341 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall develop their national railway infrastructure by taking into account, where necessary, the general needs of the Union. For this purpose, they shall publish at the latest two years after the entry into force of this Directive a rail infrastructure development strategy – which will be discussed with the local and regional authorities concerned as well as other interested parties – with a view to meeting future mobility needs based on sound and sustainable financing of the railway system. The strategy shall cover a period of at least five years and be renewable.
Amendment 383 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 2
Article 11 – paragraph 2 – subparagraph 2
The competent authorities and the railway undertakings providing the public services shall provide the relevant regulatory body or bodies with all the information reasonablthey required to reach atake the appropriate decision. The regulatory body shall consider the information provided, consulting all the relevant parties as appropriate, and shall inform the relevant parties of its reasoned decision within a pre-determined, reasonable time, and, in any case, within two months of receipt of all relevant information.
Amendment 383 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 2
Article 11 – paragraph 2 – subparagraph 2
The competent authorities and the railway undertakings providing the public services shall provide the relevant regulatory body or bodies with all the information reasonablthey required to reach atake the appropriate decision. The regulatory body shall consider the information provided, consulting all the relevant parties as appropriate, and shall inform the relevant parties of its reasoned decision within a pre-determined, reasonable time, and, in any case, within two months of receipt of all relevant information.
Amendment 442 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 5
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. If the facility was awarded to the railway undertaking at an earlier date, reasons must be given for leaving it derelict.
Amendment 442 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 5
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. If the facility was awarded to the railway undertaking at an earlier date, reasons must be given for leaving it derelict.
Amendment 531 #
Proposal for a directive
Article 31 – paragraph 5 – subparagraph 5
Article 31 – paragraph 5 – subparagraph 5
If charging for environmental costs generates additional revenue, it shall be for Member States to decide how the revenue is to be usedset aside by the States for improvements to rail infrastructure. The relevant authorities shall keep the necessary information to ensure that the origin of the charging of environmental costs and its use can be traced. Member States shall provide the Commission with this information on a regular basis.
Amendment 531 #
Proposal for a directive
Article 31 – paragraph 5 – subparagraph 5
Article 31 – paragraph 5 – subparagraph 5
If charging for environmental costs generates additional revenue, it shall be for Member States to decide how the revenue is to be usedset aside by the States for improvements to rail infrastructure. The relevant authorities shall keep the necessary information to ensure that the origin of the charging of environmental costs and its use can be traced. Member States shall provide the Commission with this information on a regular basis.
Amendment 571 #
Proposal for a directive
Article 43 – paragraph 2
Article 43 – paragraph 2
2. Infrastructure managers shall agree with the other relevant infrastructure managers concerned which international train paths are to be included in the working timetable, before commencing consultation on the draft working timetable. Adjustments shall only be made if absolutely necessary and must be duly justified.
Amendment 571 #
Proposal for a directive
Article 43 – paragraph 2
Article 43 – paragraph 2
2. Infrastructure managers shall agree with the other relevant infrastructure managers concerned which international train paths are to be included in the working timetable, before commencing consultation on the draft working timetable. Adjustments shall only be made if absolutely necessary and must be duly justified.
Amendment 573 #
Proposal for a directive
Article 45 – paragraph 4 – introductory part
Article 45 – paragraph 4 – introductory part
4. The infrastructure manager shall, upon request, within a reasonable timemaximum of one month from the allocation of train paths and in due time for the coordination process referred to in Article 46, make the following information available free of charge to applicants in written form for review:
Amendment 573 #
Proposal for a directive
Article 45 – paragraph 4 – introductory part
Article 45 – paragraph 4 – introductory part
4. The infrastructure manager shall, upon request, within a reasonable timemaximum of one month from the allocation of train paths and in due time for the coordination process referred to in Article 46, make the following information available free of charge to applicants in written form for review:
Amendment 577 #
Proposal for a directive
Article 51 – paragraph 1
Article 51 – paragraph 1
1. Within six months of the completion of As soon as a capacity analysis is available, the infrastructure manager shall produce a capacity enhancement plan.
Amendment 577 #
Proposal for a directive
Article 51 – paragraph 1
Article 51 – paragraph 1
1. Within six months of the completiAs soon ofas a capacity analysis is available, the infrastructure manager shall produce a capacity enhancement plan.
Amendment 581 #
Proposal for a directive
Article 53 – paragraph 3
Article 53 – paragraph 3
3. The infrastructure manager shall inform in due time interested parties about unscheduled maintenance work at east one week prior to it.
Amendment 581 #
Proposal for a directive
Article 53 – paragraph 3
Article 53 – paragraph 3
3. The infrastructure manager shall inform in due time interested parties about unscheduled maintenance work at east one week prior to it.
Amendment 582 #
Proposal for a directive
Article 54 – paragraph 1 a (new)
Article 54 – paragraph 1 a (new)
1a. Infrastructure managers shall have action plans to deal with accidents or technical failures.
Amendment 582 #
Proposal for a directive
Article 54 – paragraph 1 a (new)
Article 54 – paragraph 1 a (new)
1a. Infrastructure managers shall have action plans to deal with accidents or technical failures.
Amendment 598 #
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 appointednominated and appointed by the relevant institutions 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 years before their appointment, and 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 years. They shall have full authority over the recruitment and management of the staff of the regulatory body.
Amendment 598 #
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 appointednominated and appointed by the relevant institutions 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 years before their appointment, and 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 years. They shall have full authority over the recruitment and management of the staff of the regulatory body.
Amendment 615 #
Proposal for a directive
Article 56 – paragraph 5 – subparagraph 1
Article 56 – paragraph 5 – subparagraph 1
5. 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 and from talks with the parties. 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 615 #
Proposal for a directive
Article 56 – paragraph 5 – subparagraph 1
Article 56 – paragraph 5 – subparagraph 1
5. 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 and from talks with the parties. 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 723 #
Proposal for a directive
Annex 10 – point 1 – point a
Annex 10 – point 1 – point a
a) include separate profit and loss accounts and balance sheets for freight, passenger and infrastructure management activities, which must be linked to indicators and the objectives achieved;
Amendment 723 #
Proposal for a directive
Annex 10 – point 1 – point a
Annex 10 – point 1 – point a
a) include separate profit and loss accounts and balance sheets for freight, passenger and infrastructure management activities, which must be linked to indicators and the objectives achieved;