Activities of Georges BACH related to 2013/0016(COD)
Shadow reports (2)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council on railway safety (recast) PDF (456 KB) DOC (85 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council on railway safety (recast) PDF (475 KB) DOC (604 KB)
Amendments (39)
Amendment 88 #
Proposal for a directive
Recital 2
Recital 2
(2) Directive 2004/49 established a common regulatory framework for railway safety, through harmonisation of the content of safety rules, the safety certification of railway undertakings, the tasks and roles of the national safety authorities and the investigation of accidents. Nevertheless, to pursue efforts toThe ongoing establishment of a single market for rail transport services, that has as a consequence a multiplication of different actors and communication interfaces. In order to guarantee railway safety within this environment, this Directive needs thorough revision.
Amendment 97 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The occurrence of heavy accidents involving freight wagons has shown that mandatory European harmonized rules on frequency and intervals of maintenance of rail freight wagons, passenger rolling stock and locomotives are necessary
Amendment 101 #
Proposal for a directive
Recital 10
Recital 10
(10) In view of the gradual approach to eliminating obstacles to the interoperability of the rail system while maintaining a high level of railway safety and of the time consequently required for the adoption of TSIs, steps should be taken to avoid a situation where Member States adopt new national rules or undertake projects that increase the diversity of the present system. The safety management system is thea recognised tool for preventing accidents. Member states, the European Railway Agency and railway undertakings are responsible for taking immediate corrective action to prevent re-occurrence of accidents. Member States should not decrease the responsibility of the railway undertakings by establishing new national rules immediately after an accident.
Amendment 103 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Railway undertakings and Infrastructure managers should establish within their safety culture a "fair culture" in order to actively encourage personnel to report safety related accidents, incidents and near misses without being subject to punishment or discrimination. A fair culture enables the railway industry to learn lessons from accidents, incidents and near misses and thereby improve safety on the railway for workers and the travelling passengers.
Amendment 110 #
Proposal for a directive
Recital 16
Recital 16
(16) The certification of train staff is often an insurmountableRailway undertakings have to ensure that train staff is properly qualified and certified. They have to ensure the relevant training and qualification level when their staff is operating on the network of another Member State. Safety authorities shall have the responsibility to control and enforce that requirement. The certification of train staff can be a barrier to new entrants. Member States should ensure that facilities for the training and certification of train staff necessary to meet requirements under national rules are available to railway undertakings intending to operate on the relevant network.
Amendment 111 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) In addition to the safety requirements laid down in the safety certificate, licensed railway undertakings must comply with national requirements, compatible with Community law and applied in a non-discriminatory manner, relating to occupational health and safety conditions, social conditions, including legal and contractual provisions relating to working, driving and rest time.
Amendment 114 #
Proposal for a directive
Recital 18
Recital 18
(18) The national safety authorities should be fully independent in their organisation, legal structure and decision making from any railway undertaking, infrastructure manager, applicant and procurement entity. They should carry out their tasks in an open and non-discriminatory way and cooperate with the Agency to create a single rail area with a high level of railway safety and coordinate their decision- making criteria. In order to fulfil their tasks, the National Safety Authorities must have sufficient budgetary resources and a sufficient number of well trained staff. To increase efficiency, two or more Member States may decide to merge the staff and resources of the respective national safety authorities.
Amendment 117 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
Amendment 118 #
Proposal for a directive
Recital 20
Recital 20
(20) Serious accidents on the railways are rare. However, they can have disastrous consequences and raise concern among the public about the safety performance of the rail system. All such accidents should, therefore, be investigated from a safety perspective to avoid recurrence and the results of the investigations should be made public. Other accidents and incidents should also be subject to safety investigations when they could be significant precursors to serious accidents . In order to identify such precursors, railway undertakings and infrastructure managers shall establish a "fair culture" as defined in Article 3.
Amendment 149 #
Proposal for a directive
Article 3 – paragraph 1 – point h a (new)
Article 3 – paragraph 1 – point h a (new)
(ha) "area of operation" means one or more groups of lines with the same equipments and operating rules in one or more Member States where the railway undertaking provides its services;
Amendment 151 #
Proposal for a directive
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
(k) ‘accident’ means an unwanted or unintended sudden event or a specific chain of such events which have harmful consequences; accidents are divided into the following categories: collisions, derailments, level-crossing accidents, accidents to persons caused by rolling stock in motion, including in shunting yards and during track maintenance works, fires and others;
Amendment 168 #
Proposal for a directive
Article 3 – paragraph 1 – point v
Article 3 – paragraph 1 – point v
(v) ‘manufacturer’ means any natural or legal person who manufactures an interoperability constituent, components or subsystem or has it designed or manufactured, and markets it under his name or trademark;
Amendment 169 #
Proposal for a directive
Article 3 – paragraph 1 – point x a (new)
Article 3 – paragraph 1 – point x a (new)
(xa) "unloader" means the enterprise which removes a container from a wagon, or unloads packaged goods out or from a wagon or a container, or discharges goods from a tank, a wagon or a container;
Amendment 171 #
Proposal for a directive
Article 3 – paragraph 1 – point y a (new)
Article 3 – paragraph 1 – point y a (new)
(ya) "fair culture" means a procedure to be established to actively encourage personnel to report safety related accidents, incidents and near misses without being subject to punishment or discrimination. A fair culture enables the railway industry to learn lessons from accidents, incidents and near misses and thereby improve safety on the railway for workers and the travelling passengers;
Amendment 180 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States and the Agency shall ensure that railway safety is generally maintained and, where reasonably practicable, continuously improved, taking into consideration the development of Union legislation and technical and scientific progress and giving priority to the prevention of serious accidents well as the role of the human factor for the safety of railway system and giving priority to the prevention of accidents. Member States shall make sure that measures for developing and improving railway safety take account of the need for a system based approach. The actors of the railway system, each for their own duty, should be responsible for the safety of the system, without prejudice to civil liability in accordance with the legal requirements of the Member States.
Amendment 187 #
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 1 – introductory part
Article 4 – paragraph 2 – subparagraph 1 – introductory part
Member States and the Agency shall ensure that the responsibility for the safe operation of the rail system and the control of risks associated with it is laid upon the infrastructure managers and railway undertakingspecific actors, obliging them:
Amendment 196 #
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Without prejudice to civil liability in accordance with the legal requirements of the Member States, each infrastructure manager and railway undertakingrailway actor shall be made responsible for its part of the system and its safe operation, including supply of material and contracting of services, vis-à- vis users, customers, the workers concerned and third parties. The risks associated with the activities of third parties shall also be taken into account in the safety management systems of infrastructure managers and railway undertakings.
Amendment 200 #
Proposal for a directive
Article 4 – paragraph 4 – introductory part
Article 4 – paragraph 4 – introductory part
4. All actors having a relevant role in safety operationsas defined in article 3 shall implement the necessary risk control measures, where appropriate in cooperation with the others. In addition to railway undertakings and infrastructure managers those actors include in particular:
Amendment 205 #
Proposal for a directive
Article 4 – paragraph 4 – point c a (new)
Article 4 – paragraph 4 – point c a (new)
(ca) the keepers and carriers not being railway undertakings including subcontractors
Amendment 207 #
Proposal for a directive
Article 4 – paragraph 4 – point c b (new)
Article 4 – paragraph 4 – point c b (new)
(cb) consignees and unloaders
Amendment 217 #
Proposal for a directive
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7a. One year after the coming into force of this directive, the Commission will propose a legislative measure on minimum control and enforcement of driving and rest time of locomotive drivers.
Amendment 218 #
Proposal for a directive
Article 4 – paragraph 7 b (new)
Article 4 – paragraph 7 b (new)
7b. One year after coming into force of this directive, the Commission will adopt through an implementing act rules of mandatory intervals (km/time) for the maintenance of rail freight wagons, locomotives and passenger rolling stock.
Amendment 222 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
When drafting the recommendations, the Agency shall take account of the opinion of the users, the social partners and of the stakeholders. The recommendations shall enclose a report on the results of this consultation and a report assessing the impact of the new CSM to be adopted.
Amendment 230 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Member States shall make any necessary amendments to their national rules in order to achieve at least the CSTs, and any revised CSTs, in accordance with the implementation timetables attached to them. They shall notify these rules to the Commission in accordance with Article 8. Member States can always decide to achieve a higher safety level than defined in the CSTs.
Amendment 244 #
Proposal for a directive
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
5a. The Agency shall establish and publish common guidelines which should serve as a basis for modifications of national rules.
Amendment 249 #
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. As far as railway personnel are concerned, the safety management system shall include provisions of programs for training of staff and systems to ensure that the staff´s competence is maintained and tasks carried out accordingly. It also shall include systems to ensure that rules on working time, driving and rest time of staff with safety relevant tasks are registered, monitored and accessible for staff representatives and for controlling authorities.
Amendment 251 #
Proposal for a directive
Article 9 – paragraph 2 b (new)
Article 9 – paragraph 2 b (new)
2b. The safety management system shall include provisions for a "fair culture" as defined in article 3
Amendment 263 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. TheBefore any new service gets under way, a single safety certificate shall be granted by the Agency on the basis of the evidence that the railway undertaking has established its safety management system in accordance with Article 9 and meets the requirements laid down in TSIs and, in other relevant legislation and in rules specific to the system in order to control risks and provide transport services safely on the network.
Amendment 323 #
Proposal for a directive
Article 10 – paragraph 8 a (new)
Article 10 – paragraph 8 a (new)
8a. Appeals against decisions of the Agency or its failure to act within the time limits defined in article 10.2, 5 and 6 may be brought to the Board of Appeal designated under article 54 of the Agency regulation. Any natural, legal person or a member of the network of representative bodies may appeal against a decision addressed to that person by the Agency.
Amendment 357 #
Proposal for a directive
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The certificates granted in accordance with paragraph 4 shall be valid throughout the Union . The Agency shall set up and make public, then update without delay a register of certified entities in charge of maintenance. It shall be linked with the national vehicle registers or the European vehicle register in accordance with Article 43 §1 and §4 of the Interoperability directive. The Commission shall adopt common specifications for this register relating to content, data format, functional and technical architecture, operating mode and rules for data input and consultation by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(3).
Amendment 358 #
Proposal for a directive
Article 14 – paragraph 5 a (new)
Article 14 – paragraph 5 a (new)
5a. The Commission shall establish by implementing acts, a system for compulsory minimum intervals (km/time) for the maintenance of freight wagons, passenger rolling stock and locomotives. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(2).
Amendment 361 #
Proposal for a directive
Article 14 – paragraph 6
Article 14 – paragraph 6
6. By 31 May 2014, the Agency shall evaluate the system of certification of the entity in charge of maintenance for freight wagons and shall consider the opportunity for an extension of that system to all vehicles and shall submit a report to the Commisextent that system to all other types of vehicles if deemed necessary by that evaluation. The Agency shall submit a report and a recommendation to the Commission about this extension.
Amendment 365 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Each Member State shall establish a safety authority. This authority shall be independent in its organisation, legal structure and decision making from any railway undertaking, infrastructure manager, and applicant and procurement entity. This authority may be the Ministry responsible for transport matters.
Amendment 382 #
Proposal for a directive
Article 16 – paragraph 2 – point h a (new)
Article 16 – paragraph 2 – point h a (new)
(ha) inspection of the compliance with working, driving and rest time rules for locomotive drivers in the railway companies and on the track;
Amendment 386 #
Proposal for a directive
Article 16 – paragraph 2 – point h b (new)
Article 16 – paragraph 2 – point h b (new)
(hb) inspections of the safety conditions of rail freight wagons and other rolling stock on the track as well as the compliance with regular maintenance requirements;
Amendment 395 #
Proposal for a directive
Article 18 – paragraph 1 – point f a (new)
Article 18 – paragraph 1 – point f a (new)
(fa) all technical inspections of rail freight wagons on the track;
Amendment 398 #
Proposal for a directive
Article 18 – paragraph 1 – point f b (new)
Article 18 – paragraph 1 – point f b (new)
(fb) all inspections of the compliance with working, driving and rest time rules including cross-border activities and rules on the certification of qualifications on the track;
Amendment 411 #
Proposal for a directive
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
As from [24 months before the end of the transposition period of the present Directive], the Agency shall assess before the decisions taken by the Member States regarding safety certificates are issued, if they would decrease the level of railway safety, and if they would result in arbitrary discrimination or a disguised restriction on rail transport operation. In the case of negative assessment, the Agency shall inform the Commission, which may request the national safety authorities concerned to modify the decision, to suspend its application or to revoke it. If the national safety authority refuses to act, the Commission may refer the issue to the Committee referred to in Article 27.2.
Amendment 412 #
Proposal for a directive
Article 30 – paragraph 1 b (new)
Article 30 – paragraph 1 b (new)
Until [specific date to be inserted - three years after the end of the transposition period], the national safety authorities shall continue to grant safety certificates for railway undertakings intended to operate only in their own Member State in accordance with the provisions of Directive 2004/49/EC. Such safety certificates shall be valid until their date of expiry.