[ParlTrack]

Proposal for a regulation
Recital 11

(11) In view of creating framework conditions for enabling society to fully reap the benefits of effective opening of the market for domestic passenger transport services by rail it is important that Member States ensure in any case an adequate level of social protection for the staff of public service operators. on a national, regional or local level. The adequate level should be guaranteed at the latest at the opening of the domestic railway market by national law and/or sector-wide collective agreements by setting social standards and/or requiring the transfer of staff for the relevant sector.

2013/09/27
Committee: EMPL

Frédéric DAERDEN

Proposal for a regulation
Recital 16 a (new)

(16 a) In view of creating framework conditions for enabling society to fully reap the benefits of effective opening of the market for domestic passenger transport services by rail it is important that Member States ensure in any case an adequate level of social protection for the staff of public service operators on a national, regional or local level. The adequate level should be guaranteed at the latest at the opening of the domestic railway market by national law and/or sector-wide collective agreements by setting social standards and/or requiring the transfer of staff for the relevant sector.

2013/09/27
Committee: EMPL

Frédéric DAERDEN

Proposal for a regulation
Article 1 – point 2

Regulation (EC) No 1370/2007
Article 2a - paragraph 6 – point b

the maximum annual volume of a public service contract in terms of train-km shall be the higher value of either 10 million train-km or one third of the total national public rail passenger transport volume under public service contract.deleted

2013/09/27
Committee: EMPL

Frédéric DAERDEN

Proposal for a regulation
Article 1 – point 3 – point c

Regulation (EC) No 1370/2007
Article 4 – paragraph 6

~~Wher~~The competent authorities~~, in accordance with national law, require public service operators to comply with certain~~ shall, without prejudice to national law and Community law, including collective agreements concluded between social partners, set the quality and social standards ~~or establish~~, determine appropriate social and qualitative criteria, and include these standards and criteria ~~shall be included~~ in the tender documents and in the public service contracts, regardless of the award procedure, unless at a national, regional or local level a law, a regulation or a binding sector-wide collective agreement, including binding social standards and/or compulsory transfer of staff in case of change of operator, exists for the staff concerned.

2013/09/27
Committee: EMPL

Frédéric DAERDEN

Proposal for a regulation
Article 1 – point 3 – point c a (new)

Regulation (EC) No 1370/2007
Article 4 – paragraph 6 a (new)

If for the staff concerned there is no existing law, regulation or binding sector- wide collective agreement including one of the options of paragraph (5) and paragraph (6) of this article (compulsory transfer of staff and/or binding social standards) at the national or local level, the competent authority has to ascertain that at the latest at the opening of the domestic railway market social standards and/or transfer of staff are required in the tendering process.

2013/09/27
Committee: EMPL

Frédéric DAERDEN

Proposal for a regulation
Article 1 – point 4 – point a

Regulation (EC) No 1370/2007
Article 5 – paragraph 4

(a) Paragraph 4 is replaced by the following: ‘‘4. Unless prohibited by national law, the competent authorities may decide to award public service contracts directly: (a) where their average annual value is estimated at: less than EUR 1 000 000 or less than EUR 5 000 000 in the case of a public service contract including public transport by rail or, (b) where they concern the annual provision of less than 300 000 kilometres of public passenger transport services or less than 150 000 kilometres in the case of a public service contract including public transport by rail. In the case of a public service contract directly awarded to a small or medium- sized enterprise operating not more than 23 road vehicles, these thresholds may be increased to either an average annual value estimated at less than EUR 2 000 000 or to an annual provision of less than 600 000 kilometres of public passenger transport services.’’deleted

2013/09/27
Committee: EMPL

6 Amendments of Frédéric DAERDEN related to 2013/0028(COD)

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