Activities of Georges BACH related to 2013/0029(COD)
Shadow opinions (1)
OPINION on the proposal for a Directive of the European Parliament and of the Council amending Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area, as regards the opening of the market for domestic passenger transport services by rail and the governance of the railway infrastructure
Amendments (30)
Amendment 29 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Taking into account the heterogeneity of networks in terms of their size and density and the variety of organisational structures of national and local or regional authorities and their respective experiences of the process of market opening, each Member State must be given sufficient flexibility to organise its network in such a way that an optimum mix of open-access services and services performed under public service contracts can be achieved in order to ensure a high quality of services readily accessible to all passengers;
Amendment 37 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) 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 traveling passengers.
Amendment 38 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) The respect of working and rest time rules for locomotive drivers is essential for railway safety and for fair competition. In an open European railway market with increasing cross- border operations the respect of working and rest time must be controlled and enforced. The national safety authorities should have the task to check and enforce such rules; the Commission should propose rules and mandatory regular checks. But this is possible only with an electronic on-board device that registers working and rest time of locomotive drivers.
Amendment 47 #
Proposal for a directive
Recital 4
Recital 4
Amendment 53 #
Proposal for a directive
Recital 6
Recital 6
Amendment 71 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to ensure equal access to the infrastructure, any conflicts of interest resulting from integrated structures encompassingintegrated structures should be shaped in such a way that no conflicts of interest emerge between infrastructure management and transport activities should be removed. Removing potential incentives to discriminate against competitors is the only way to guarantee equal access to the railway infrastructure. It is a requirement for the successful opening of the market for domestic passenger transport services by rail. This should also remove the potential for cross-subsidisation, which exists in such integrated structures, and which also leads to market distortions.
Amendment 72 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Taking into account the heterogeneity of networks in terms of their size and density and the variety of organisational structures of national and local or regional authorities and their respective experience of the process of market opening, each Member State should be given sufficient flexibility to organise its network in such a way that a mix of open-access services and services performed under public service contracts can be achieved in order to ensure a high quality of services readily accessible to all passengers.
Amendment 75 #
Proposal for a directive
Recital 9
Recital 9
Amendment 85 #
Proposal for a directive
Recital 10
Recital 10
(10) The existing requirements of Directive 2012/34/EU only include legal, organisational and decision-making independence. This does not entirely exclude the possibility of maintaining an integrated undertaking, as long as these three categories of independence are ensured. Concerning the decision-makingProvided these three categories of independence it must bare ensured, that the appropriate safeguards exclude control of an integrated undertaking over the decision-making of an infrastructure manager. However, even the full application of such safeguards does not completely remove all the possibilie vertical integration of undertakings does not contradict the objectives for discriminatory behaviour towards competitors which exist in the presence of a vertically integrated undertaking. In particular, the potential forof the common legal framework. The rules against cross- subsidisation still exists in integrated structures, or at least it is very difficult for regulatory bodies to control and enforce safeguards which are established to prevent such cross-subsidisation. An institutional separation of infrastructure management and transport operation is the most effective measure to solve these problemhould be monitored and implemented by the regulatory bodies.
Amendment 92 #
Proposal for a directive
Recital 11
Recital 11
Amendment 102 #
Proposal for a directive
Recital 12
Recital 12
(12) Where Member States still maintain an infrastructure manager which is part of a vertically integrated undertaking, they should at least introduce strict safeguards to guarantee effective independence of the entire infrastructure manager in relation to the integrated undertaking. These safeguards should not only concern the corporate organisation of the infrastructure manager in relation to the integrated undertaking, but also the management structure of the infrastructure manager, and, as far as possible within an integrated structure, prevent financial transfers between the infrastructure manager and the other legal entities of the integrated undertaking. These safeguards do not only correspond to what is necessary to fulfil the existing requirements of decision-making independence of the essential functions under Directive 2012/34/EU, in terms of management independence of the infrastructure manager, but go beyond those requirements by adding clauses to exclude that incomes of the infrastructure manager may be used to fund the other entities within the vertically integrated undertaking. The Member States therefore remain obliged to secure compliance with these independence criteria. This should be achieved chiefly by appropriate regulation which does not jeopardise the infrastructure undertakings’ refinancing options or contradict the undertakings’ principle of trading as a commercial enterprise. This should apply independently of the application of fiscal legislation of Member States and without prejudice to EU state aid rules.
Amendment 107 #
Proposal for a directive
Recital 13
Recital 13
Amendment 126 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) The Commission should assess the impact of this Directive on the development of the labour market for railway staff.
Amendment 131 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) With a view to the completion of the Single European Railway Area, and given the competition in the railway sector, the Commission is committed to actively supporting and encouraging social dialogue at EU level in order to ensure that railway workers are protected in the long term against unwanted effects of market opening, such as social dumping.
Amendment 137 #
Proposal for a directive
Recital 19 b (new)
Recital 19 b (new)
(19b) In this context, the Commission ensures the full and correct enforcement by Member States of the provisions of Council Directive 2005/47/EC of 18 July 2005 on the Agreement between the Community of European Railways (CER) and the European Transport Workers’ Federation (ETF) on certain aspects of the working conditions of mobile workers engaged in interoperable cross-border services in the railway sector, particularly their safety.
Amendment 156 #
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 2012/34/EU
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 177 #
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 2012/34/EU
Article 3 – point 31 – indent 3 a (new)
Article 3 – point 31 – indent 3 a (new)
- an undertaking consisting of distinct divisions, including an infrastructure manager and one or several divisions providing transport services that do not necessarily have distinct legal personalities
Amendment 188 #
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Amendment 196 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Amendment 199 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Amendment 242 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2012/34/EU
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. Smaller, vertically integrated undertakings maintaining a rail network no more than 450 km in length shall be exempt from the separation requirement.
Amendment 247 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Amendment 252 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 a, 7 b, 7 c
Article 7 a, 7 b, 7 c
Amendment 500 #
Proposal for a directive
Article 1 – point 7 a (new)
Article 1 – point 7 a (new)
Directive 2012/34/EU
Article 19 - point d a new
Article 19 - point d a new
7a. In paragraph 19, the following point is added: '(da) have given a commitment to apply the respective representative collective agreements of the Member States in which the undertaking wishes to operate, in order to prevent undesirable social developments. The principle of the same pay for the same work in the same place must apply. The competent regulatory body shall monitor compliance with this provision.'
Amendment 523 #
Proposal for a directive
Article 1 – point 8 c (new)
Article 1 – point 8 c (new)
Directive 2012/34/EU
Article 56 – paragraph 1 - points g a and g b (new)
Article 56 – paragraph 1 - points g a and g b (new)
The following points are added in Article 56(1): '(ga) scheduled maintenance (gb) unscheduled maintenance'
Amendment 527 #
Proposal for a directive
Article 1 – point 8 c (new)
Article 1 – point 8 c (new)
Directive 2012/34/EU
Article 56 – paragraph 2
Article 56 – paragraph 2
Article 56(2) is replaced by the following: '2. Without prejudice to the powers of the national competition authorities to safeguard competition on rail transport markets, the regulatory body shall be entitled to monitor the situation with regard to competition on rail transport markets; it shall in particular check on its own initiative the points referred to in paragraph 1, letters (a) to (i), with a view to preventing discrimination against applicants. It shall, in particular, check whether the network conditions of use contain discriminatory clauses or grant the infrastructure manager discretionary powers that may be used to discriminate against applicants. In respect of public rail passenger transport, the regulatory body shall, without being asked to do so, meet the requirements laid down in Regulation (EC) No 1370/2007 and take due account of the services provided for in Article 10 of this Directive.'
Amendment 530 #
Proposal for a directive
Article 1 – point 8 c (new)
Article 1 – point 8 c (new)
Directive 2012/34/EU
Article 56 – paragraph 6
Article 56 – paragraph 6
Article 56(6) is replaced by the following: '6. The regulatory body shall ensure that charges set by the infrastructure manager are consistent with Section 2 of Chapter IV and are non-discriminatory. The regulatory body shall also ensure that the access charges set by infrastructure operators, operators of service facilities or railway undertakings - including for access to tracks and access to stations, their buildings and other facilities, including facilities for the display of travel information - are not discriminatory. In that connection, proposed changes to the level or structure of the charges referred to in this paragraph shall be notified to the regulatory body at the latest two months prior to their scheduled entry into force. Until one month prior to their entry into force, the regulatory body may insist on a reduction or an increase in the proposed changes, their postponement or their cancellation. Negotiations between applicants and an infrastructure manager concerning the level of infrastructure charges shall be permitted only if they are carried out under the supervision of the regulatory body. The regulatory body shall intervene if negotiations are likely to produce an outcome which contravenes the provisions of this Chapter.
Amendment 535 #
Proposal for a directive
Article 1 – point 8 c (new)
Article 1 – point 8 c (new)
Directive 2012/34/EU
Article 56 – paragraph 9 – subparagraph 3
Article 56 – paragraph 9 – subparagraph 3
Article 56(9), third subparagraph, is replaced by the following: In the event of an appeal against a refusal to grant infrastructure capacity, or against the terms of an offer of capacity, at the latest one month following the appeal submission the regulatory body shall either confirm that no modification of the infrastructure manager's decision is required, or it shall require modification of that decision in accordance with its instructions. The infrastructure operator must comply with the decision as quickly as possible, and at the latest one month after receiving notification of the regulatory body’s decision.'
Amendment 539 #
Proposal for a directive
Article 1 – point 8 c (new)
Article 1 – point 8 c (new)
Directive 2012/34/EU
Article 56 – paragraph 10
Article 56 – paragraph 10
Article 56(10) is replaced by the following: '10. Member States shall ensure that decisions taken by the regulatory body are subject to judicial review. The appeal may have a suspensory effect on the decision taken by the regulatory body only if that decision may cause immediate irreversible or obviously disproportionate damage to the appellant and if it is not based on Article 56(6) or 56(9) of this Directive. This provision shall be without prejudice to the powers of the court hearing the appeal as conferred by constitutional law, where applicable.
Amendment 547 #
Proposal for a directive
Article 1 – point 8 d (new)
Article 1 – point 8 d (new)
Directive 2012/34/EU
Article 57 – paragraphs 9a, 9b, 9c, 9d (new)
Article 57 – paragraphs 9a, 9b, 9c, 9d (new)
8d. Article 57 is complemented as follows: (a) The following new paragraph 9a is inserted: '9a. If an applicant considers that decisions taken by one or more infrastructure operators or bodies in charge of key functions are hampering the development of cross-border transport services, the applicant may submit directly to the network a request for a regulatory body to issue an opinion. This request shall at the same time constitute a request for a decision by the competent national regulatory body or bodies. If necessary the network shall ask the infrastructure operator or the bodies in charge of key functions and, at all events, the competent national regulatory body or bodies to provide all relevant information, using the procedure laid down in Article 57(4). The network shall then draw up a non-binding opinion with the aim of securing the implementation of measures which facilitate, rather than hampering, the transport services in question. The opinion shall be forwarded to the competent national regulatory bodies and the applicant at the latest one month following receipt of the application. The competent national regulatory bodies shall take account of the opinion issued by the network before taking their decisions at the latest one month following submission of that opinion, and shall provide the applicant with a written statement of their reasons for departing from the terms of the opinion.' (b) The following new paragraph 9b is inserted: 9b. The network of regulatory bodies described in Article 57(1) shall adopt its rules of procedure by consensus, and failing that by a two-thirds majority, with each national regulatory body having one vote. The network shall elect from among its members a chair and shall submit an annual activity report to the Commission. The Commission shall forward the report to the European Parliament and the Council, if appropriate with its comments. (c) The following new paragraph 9c is inserted: 9c. The Commission shall act as the secretariat for the network described in Article 57(1). The travel and subsistence expenses incurred by members, observers and experts in taking part in the activities of the network shall be reimbursed by the Commission in accordance with the relevant rules in force.' (d) The following new paragraph 9d is inserted: 9d. At the latest within one year following the entry into force of this Directive, the Commission shall adopt a legislative proposal establishing the network of regulatory bodies as a legal person.'