Activities of Georges BACH related to 2010/0253(COD)
Plenary speeches (1)
Single European railway area (debate)
Amendments (63)
Amendment 159 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Whatever the type of undertaking, all rail operators must respect the existing national legislation on social protection and health so as to avoid the practice of social dumping and unfair competition.
Amendment 159 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Whatever the type of undertaking, all rail operators must respect the existing national legislation on social protection and health so as to avoid the practice of social dumping and unfair competition.
Amendment 181 #
Proposal for a directive
Annex II – paragraph 2 – point e
Annex II – paragraph 2 – point e
Amendment 201 #
Proposal for a directive
Recital 21
Recital 21
(21) The national regulatory bodies should exchange information and, where relevant in individual cases,under the auspices of the Commission and the European Railway Agency, establish a network to strengthen their communication and cooperation with a view to developing common principles. In certain cases they should also coordinate the principles and practice of assessing whether the economic equilibrium of a public service contract is compromised. They should progressively develop common European guidelines based on their experience.
Amendment 201 #
Proposal for a directive
Recital 21
Recital 21
(21) The national regulatory bodies should exchange information and, where relevant in individual cases,under the auspices of the Commission and the European Railway Agency, establish a network to strengthen their communication and cooperation with a view to developing common principles. In certain cases they should also coordinate the principles and practice of assessing whether the economic equilibrium of a public service contract is compromised. They should progressively develop common European guidelines based on their experience.
Amendment 208 #
Proposal for a directive
Recital 22
Recital 22
(22) In order to ensure fair competition between railway undertakings, a distinction should be made between the provision of transport services and the operation of service facilities. Given this situation, it is necessary for these two types of activity to be managed independently in distinct legal entities. Such independence need not imply the establishment of separate body or firm for each serv should be managed in a transparent and non- discriminatory manner. The regulatory body shall ensure that this management is transparent and non-discriminatory in accordance with the procedures laid down in Article facility56.
Amendment 208 #
Proposal for a directive
Recital 22
Recital 22
(22) In order to ensure fair competition between railway undertakings, a distinction should be made between the provision of transport services and the operation of service facilities. Given this situation, it is necessary for these two types of activity to be managed independently in distinct legal entities. Such independence need not imply the establishment of separate body or firm for each serv should be managed in a transparent and non- discriminatory manner. The regulatory body shall ensure that this management is transparent and non-discriminatory in accordance with the procedures laid down in Article facility56.
Amendment 215 #
Proposal for a directive
Recital 25
Recital 25
(25) All railway undertakings should also be required to comply with both 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 duefull regard to health,existing obligations in relation to social conditions, health and the rights of workers and consumers on specific stretches of track.
Amendment 215 #
Proposal for a directive
Recital 25
Recital 25
(25) All railway undertakings should also be required to comply with both 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 duefull regard to health,existing obligations in relation to social conditions, health and the rights of workers and consumers on specific stretches of track.
Amendment 277 #
Proposal for a directive
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
5) ‘international passenger service’ means a passenger service where the train crosses at least one border of a Member State and where the principal purpose of the service is to carry passengers between stations located in different Member States, with the exception of regional transport in a border region; the train may be joined and/or split, and the different sections may have different origins and destinations, provided that all carriages cross at least one border;
Amendment 277 #
Proposal for a directive
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
5) ‘international passenger service’ means a passenger service where the train crosses at least one border of a Member State and where the principal purpose of the service is to carry passengers between stations located in different Member States, with the exception of regional transport in a border region; the train may be joined and/or split, and the different sections may have different origins and destinations, provided that all carriages cross at least one border;
Amendment 279 #
Proposal for a directive
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
7) ‘regional services’ means transport services operated to meet the transport needs of a regionone or more regions of a Member State or of border regions between two Member States;
Amendment 279 #
Proposal for a directive
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
7) ‘regional services’ means transport services operated to meet the transport needs of a regionone or more regions of a Member State or of border regions between two Member States;
Amendment 284 #
Proposal for a directive
Article 3 – paragraph 1 – point 12
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; The provisions of Article 5 of Regulation (EU) No 913/2010 of the European Parliament and of the Council of 22 September 2010 concerning a European rail network for competitive freight1 shall apply to freight transport in the corridors established for that purpose. ________________ 1 OJ L 276, 20.10.2010, p. 22.
Amendment 284 #
Proposal for a directive
Article 3 – paragraph 1 – point 12
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; The provisions of Article 5 of Regulation (EU) No 913/2010 of the European Parliament and of the Council of 22 September 2010 concerning a European rail network for competitive freight1 shall apply to freight transport in the corridors established for that purpose. ________________ 1 OJ L 276, 20.10.2010, p. 22.
Amendment 286 #
Proposal for a directive
Article 3 – paragraph 1 – point 21 a (new)
Article 3 – paragraph 1 – point 21 a (new)
Amendment 286 #
Proposal for a directive
Article 3 – paragraph 1 – point 21 a (new)
Article 3 – paragraph 1 – point 21 a (new)
Amendment 305 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States may also provide that this separation shall require the organisation of distinct divisions within a single undertaking or that the infrastructure and transport services shall be managed by separate entities. The methods of structural separation chosen should aim to ensure the development of competition, continued investment and the cost- effectiveness of service provision.
Amendment 305 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States may also provide that this separation shall require the organisation of distinct divisions within a single undertaking or that the infrastructure and transport services shall be managed by separate entities. The methods of structural separation chosen should aim to ensure the development of competition, continued investment and the cost- effectiveness of service provision.
Amendment 315 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Member States shall ensure that the functions determining equitable and non- discriminatory access to infrastructure, listed in Annex II, are entrusted to bodies or firms that do not themselves provide any rail transport services. Regardless of the organisational structure of these bodies or firms, this objective must be shown to have been achieved. The regulatory body shall ensure the proper application of these principles in accordance with the arrangements set out in Article 56.
Amendment 315 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Member States shall ensure that the functions determining equitable and non- discriminatory access to infrastructure, listed in Annex II, are entrusted to bodies or firms that do not themselves provide any rail transport services. Regardless of the organisational structure of these bodies or firms, this objective must be shown to have been achieved. The regulatory body shall ensure the proper application of these principles in accordance with the arrangements set out in Article 56.
Amendment 358 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
(3) Paragraphs 1 and 2 shall not apply to debts or interest due on such debts incurred by undertakings after 15 March 2001 or the date of accession to the Union for Member States which joined the Union after 15 March 2001the entry into force of this Directive.
Amendment 358 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
(3) Paragraphs 1 and 2 shall not apply to debts or interest due on such debts incurred by undertakings after 15 March 2001 or the date of accession to the Union for Member States which joined the Union after 15 March 2001the entry into force of this Directive.
Amendment 394 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
Amendment 394 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
Amendment 403 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Where the operator of the service facility belongs to a body or firm which is also active and holds a dominant position in at least one of the railway transport services markets for which the facility is used, the operator shall be organised in such a way that it is independent, in legal, organisational and decision-making terms, of thisas to ensure full transparency and non- discriminatory access to accessing and using these services. This independence does not have to involve the establishment of a separate body for firm. the service facilities. The competent national regulatory body shall check the access conditions.
Amendment 403 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Where the operator of the service facility belongs to a body or firm which is also active and holds a dominant position in at least one of the railway transport services markets for which the facility is used, the operator shall be organised in such a way that it is independent, in legal, organisational and decision-making terms, of thisas to ensure full transparency and non- discriminatory access to accessing and using these services. This independence does not have to involve the establishment of a separate body for firm. the service facilities. The competent national regulatory body shall check the access conditions.
Amendment 410 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 3
Article 13 – paragraph 2 – subparagraph 3
Requests by railway undertakings for access to the service facility defined in Article 3(2) may only be rejected if there are viable alternatives allowing them to operateunder market conditions or if, upon referral and examination, the freight or passenger servgulator referred to in Article concerned on the same route under economically acceptable conditions. The burden of proving for the existence of a viable alternative lies with the operator of the service facility. 55 considers that there is a valid reason for the operator of the service to refuse access to the service requested. If the operator challenges the decision by the regulatory authority, it has the right to provide its grounds for refusing access.
Amendment 410 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 3
Article 13 – paragraph 2 – subparagraph 3
Requests by railway undertakings for access to the service facility defined in Article 3(2) may only be rejected if there are viable alternatives allowing them to operateunder market conditions or if, upon referral and examination, the freight or passenger servgulator referred to in Article concerned on the same route under economically acceptable conditions. The burden of proving for the existence of a viable alternative lies with the operator of the service facility. 55 considers that there is a valid reason for the operator of the service to refuse access to the service requested. If the operator challenges the decision by the regulatory authority, it has the right to provide its grounds for refusing access.
Amendment 423 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 4
Article 13 – paragraph 2 – subparagraph 4
When the operator of theis service facility encounters conflicts between different requests, he shall attempt the best possible matching of all requirements. If no viable alternative is available, and it is not possible to accommodate all requests for capacity for the relevant facility on the basis of demonstrated needs, the regulatory body referred to in Article 55 shall on its own initiative or on the basis of a complaint take appropriate action to check whether the request has been refused without any valid reason and, if so, to ensure that an appropriate part of the capacity is devoted to railway undertakings other than the ones which are part of the body or firm to which the facility operator also belongs. However, if newly built maintenance and other technical facilities are developed for specific new rolling stock as part of a public service contract under Regulation (EC) No 1370/2007, priority use of these may be reserved for the contracting operator for the duration of the contract, as this is necessary for the provision of the public service. In other cases, these facilities may be reserved to the use of one railway undertaking for a period of fiveten years from the start of their operation. However, all excess capacity must be accessible to all other rail operators, subject to control by the regulatory body.
Amendment 423 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 4
Article 13 – paragraph 2 – subparagraph 4
When the operator of theis service facility encounters conflicts between different requests, he shall attempt the best possible matching of all requirements. If no viable alternative is available, and it is not possible to accommodate all requests for capacity for the relevant facility on the basis of demonstrated needs, the regulatory body referred to in Article 55 shall on its own initiative or on the basis of a complaint take appropriate action to check whether the request has been refused without any valid reason and, if so, to ensure that an appropriate part of the capacity is devoted to railway undertakings other than the ones which are part of the body or firm to which the facility operator also belongs. However, if newly built maintenance and other technical facilities are developed for specific new rolling stock as part of a public service contract under Regulation (EC) No 1370/2007, priority use of these may be reserved for the contracting operator for the duration of the contract, as this is necessary for the provision of the public service. In other cases, these facilities may be reserved to the use of one railway undertaking for a period of fiveten years from the start of their operation. However, all excess capacity must be accessible to all other rail operators, subject to control by the regulatory body.
Amendment 431 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 5
Article 13 – paragraph 2 – subparagraph 5
Amendment 431 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 5
Article 13 – paragraph 2 – subparagraph 5
Amendment 457 #
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
Amendment 457 #
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
Amendment 458 #
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
These agreements shall be notified to the Commission. The Commission shall examine the compliance of such agreements with this Directive and decide in accordance with the procedure referred to in Article 64(2) whether the related agreements may continue to apply. The Commission shall communicate its decision to the European Parliament, the Council and to the Member States. If the Commission notes that there is a mismatch between a cross-border agreement and a provision of Community law, it may decide to initiate infringement proceedings before the Court of Justice of the European Union, as provided for in Article 258 of the TFEU, on the grounds of infringement of Community law.
Amendment 458 #
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
These agreements shall be notified to the Commission. The Commission shall examine the compliance of such agreements with this Directive and decide in accordance with the procedure referred to in Article 64(2) whether the related agreements may continue to apply. The Commission shall communicate its decision to the European Parliament, the Council and to the Member States. If the Commission notes that there is a mismatch between a cross-border agreement and a provision of Community law, it may decide to initiate infringement proceedings before the Court of Justice of the European Union, as provided for in Article 258 of the TFEU, on the grounds of infringement of Community law.
Amendment 459 #
Proposal for a directive
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
Without prejudice to the division of competencies between the Union and the Member States, in accordance with Union law, the Member States should inform the Commission about negotiations and the implementation of cross-border agreements between Member States and third countries shall be subject to a cooperation procedure between Member States and the Commission.
Amendment 459 #
Proposal for a directive
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
Without prejudice to the division of competencies between the Union and the Member States, in accordance with Union law, the Member States should inform the Commission about negotiations and the implementation of cross-border agreements between Member States and third countries shall be subject to a cooperation procedure between Member States and the Commission.
Amendment 507 #
Proposal for a directive
Article 31 – paragraph 1 a (new)
Article 31 – paragraph 1 a (new)
1 a. Member states should make sure that taxes and charges that apply to national infrastructure access and essential facilities should be levied only in a way that is equitable with similar taxes and charges in other transport modes. The European Commission should monitor the application of this principle in order to avoid market distortions.
Amendment 507 #
Proposal for a directive
Article 31 – paragraph 1 a (new)
Article 31 – paragraph 1 a (new)
1 a. Member states should make sure that taxes and charges that apply to national infrastructure access and essential facilities should be levied only in a way that is equitable with similar taxes and charges in other transport modes. The European Commission should monitor the application of this principle in order to avoid market distortions.
Amendment 521 #
Proposal for a directive
Article 31 – paragraph 5 – subparagraph 1
Article 31 – paragraph 5 – subparagraph 1
When a Member State, in accordance with European Union legislation, applies charging for the cost of noise effects is allowed by Union legislation for road freight transport, the infrastructure charges shallof that Member State may be modified to take account of the cost of noise effects caused by the operation of the train in accordance with Annex VIII, point 2.
Amendment 521 #
Proposal for a directive
Article 31 – paragraph 5 – subparagraph 1
Article 31 – paragraph 5 – subparagraph 1
When a Member State, in accordance with European Union legislation, applies charging for the cost of noise effects is allowed by Union legislation for road freight transport, the infrastructure charges shallof that Member State may be modified to take account of the cost of noise effects caused by the operation of the train in accordance with Annex VIII, point 2.
Amendment 522 #
Proposal for a directive
Article 31 – paragraph 5 – subparagraph 1 a (new)
Article 31 – paragraph 5 – subparagraph 1 a (new)
Such modification of infrastructure charges shall allow for compensation for investments in retrofitting rail vehicles with the most economically viable low- noise braking technology available.
Amendment 522 #
Proposal for a directive
Article 31 – paragraph 5 – subparagraph 1 a (new)
Article 31 – paragraph 5 – subparagraph 1 a (new)
Such modification of infrastructure charges shall allow for compensation for investments in retrofitting rail vehicles with the most economically viable low- noise braking technology available.
Amendment 556 #
Proposal for a directive
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The Commission and representatives of the regulatory bodies, which co-operate according to Article 57, shall be informed of and invited to attend as observers all meetings at which common principles and practices for the allocation of infrastructure are developed. In the case of IT-based allocation systems, the regulatory bodies shall receive sufficient information from these systems to allow them to perform their regulatory supervision in accordance with the provisions of Article 56 .
Amendment 556 #
Proposal for a directive
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The Commission and representatives of the regulatory bodies, which co-operate according to Article 57, shall be informed of and invited to attend as observers all meetings at which common principles and practices for the allocation of infrastructure are developed. In the case of IT-based allocation systems, the regulatory bodies shall receive sufficient information from these systems to allow them to perform their regulatory supervision in accordance with the provisions of Article 56 .
Amendment 593 #
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 appointed 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 must act entirely independently of market interests in the rail sector iandirectly, with the regulated undertakings or entities for a period of three years before their appointment, and during may under no circumstances be influenced by instructions from a government or a private or public undertaking. After 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 yearsreasonable period. They shall have full authority over the recruitment and management of the staff of the regulatory body.
Amendment 593 #
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 appointed 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 must act entirely independently of market interests in the rail sector iandirectly, with the regulated undertakings or entities for a period of three years before their appointment, and during may under no circumstances be influenced by instructions from a government or a private or public undertaking. After 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 yearsreasonable period. They shall have full authority over the recruitment and management of the staff of the regulatory body.
Amendment 602 #
Proposal for a directive
Article 56 – paragraph 2
Article 56 – paragraph 2
2. The regulatory body shall also have the power to monitor the competition in the rail services markets and review points (a) to (g) of paragraph 1 on its own initiative and with a view to preventing discrimination between applicants. It shall, in particular, check whether the network statement contains discriminatory clauses or creates discretionary powers for the infrastructure manager that may be used to discriminate between applicants. The regulatory body shall have the necessary organisational capacity to carry out these tasks.
Amendment 602 #
Proposal for a directive
Article 56 – paragraph 2
Article 56 – paragraph 2
2. The regulatory body shall also have the power to monitor the competition in the rail services markets and review points (a) to (g) of paragraph 1 on its own initiative and with a view to preventing discrimination between applicants. It shall, in particular, check whether the network statement contains discriminatory clauses or creates discretionary powers for the infrastructure manager that may be used to discriminate between applicants. The regulatory body shall have the necessary organisational capacity to carry out these tasks.
Amendment 610 #
Proposal for a directive
Article 56 – paragraph 4
Article 56 – paragraph 4
4. The regulatory body shall have the power to request relevant information from the infrastructure manager, applicants and any third party involved within the Member State concerned. Information requested must be supplied without undue delay. The regulatory body shall be enabled to enforce such requests with the appropriate sanctions, including fines. Information to be supplied to the regulatory body includes all data which the regulatory body requires in the framework of its appeal function and in its function of monitoring the competition in the rail services markets in accordance with paragraph 2. This includes data which are necessary for statistical and market observation purposes. Should the infrastructure manager fail to provide such information, the regulatory body shall be empowered to take appropriate legal steps.
Amendment 610 #
Proposal for a directive
Article 56 – paragraph 4
Article 56 – paragraph 4
4. The regulatory body shall have the power to request relevant information from the infrastructure manager, applicants and any third party involved within the Member State concerned. Information requested must be supplied without undue delay. The regulatory body shall be enabled to enforce such requests with the appropriate sanctions, including fines. Information to be supplied to the regulatory body includes all data which the regulatory body requires in the framework of its appeal function and in its function of monitoring the competition in the rail services markets in accordance with paragraph 2. This includes data which are necessary for statistical and market observation purposes. Should the infrastructure manager fail to provide such information, the regulatory body shall be empowered to take appropriate legal steps.
Amendment 616 #
Proposal for a directive
Article 56 – paragraph 5 – subparagraph 2
Article 56 – paragraph 5 – subparagraph 2
A decision of the regulatory body shall be binding on all parties covered by that decision, and shall not be subject to the control of another administrative instancebody, but shall be subject to judicial review in Member States. The regulatory body must be able to enforce its decisions with the appropriate sanctions, including fines.
Amendment 616 #
Proposal for a directive
Article 56 – paragraph 5 – subparagraph 2
Article 56 – paragraph 5 – subparagraph 2
A decision of the regulatory body shall be binding on all parties covered by that decision, and shall not be subject to the control of another administrative instancebody, but shall be subject to judicial review in Member States. The regulatory body must be able to enforce its decisions with the appropriate sanctions, including fines.
Amendment 663 #
Proposal for a directive
Annex III – point 1 – subpoint f
Annex III – point 1 – subpoint f
Amendment 663 #
Proposal for a directive
Annex III – point 1 – subpoint f
Annex III – point 1 – subpoint f
Amendment 688 #
Proposal for a directive
Annex III – point 2 – subpoint h a (new)
Annex III – point 2 – subpoint h a (new)
(ha) refuelling facilities, where available;
Amendment 688 #
Proposal for a directive
Annex III – point 2 – subpoint h a (new)
Annex III – point 2 – subpoint h a (new)
(ha) refuelling facilities, where available;
Amendment 703 #
Proposal for a directive
Annex 8 – point 1 – subpoint a
Annex 8 – point 1 – subpoint a
(a) Network-wide overhead costs, including salaries and pensions ;
Amendment 703 #
Proposal for a directive
Annex 8 – point 1 – subpoint a
Annex 8 – point 1 – subpoint a
(a) Network-wide overhead costs, including salaries and pensions ;
Amendment 705 #
Proposal for a directive
Annex 8 – point 1 – subpoint f
Annex 8 – point 1 – subpoint f
Amendment 705 #
Proposal for a directive
Annex 8 – point 1 – subpoint f
Annex 8 – point 1 – subpoint f