Procedure : 2013/0013(COD)
Document stages in plenary
Document selected : A8-0368/2016

Texts tabled :

A8-0368/2016

Debates :

PV 12/12/2016 - 10
CRE 12/12/2016 - 10

Votes :

PV 14/12/2016 - 9.9
Explanations of votes

Texts adopted :

P8_TA(2016)0496

RECOMMENDATION FOR SECOND READING     ***II
PDF 444kWORD 55k
6.12.2016
PE 592.186v02-00 A8-0368/2016

on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council repealing Regulation (EEC) No 1192/69 of the Council on common rules for the normalisation of the accounts of railway undertakings

(11197/1/2016 – C8‑0424/2016 – 2013/0013(COD))

Committee on Transport and Tourism

Rapporteur: Merja Kyllönen

AMENDMENTS
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 PROCEDURE – COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council repealing Regulation (EEC) No 1192/69 of the Council on common rules for the normalisation of the accounts of railway undertakings

(11197/1/2016 – C8‑0424/2016 – 2013/0013(COD))

(Ordinary legislative procedure: second reading)

The European Parliament,

–  having regard to the Council position at first reading (11197/1/2016 – C8‑0424/2016),

–  having regard to the opinion of the European Economic and Social Committee of 11 July 2013(1),

–  having regard to the opinion of the Committee of the Regions of 8 October 2013(2),

–  having regard to its position at first reading(3) on the Commission proposal to Parliament and the Council (COM(2013)0026),

–  having regard to Article 294(7) of the Treaty on the Functioning of the European Union,

–  having regard to Rule 76 of its Rules of Procedure,

–  having regard to the recommendation for second reading of the Committee on Transport and Tourism (A8-0368/2016),

1.  Approves the Council position at first reading;

2.  Notes that the act is adopted in accordance with the Council position;

3.  Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union;

4.  Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union;

5.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

(1)

OJ C 327, 12.11.2013, p. 122.

(2)

OJ C 356, 5.12.2013, p. 92.

(3)

Texts adopted of 26.2.2014, P7_TA(2014)0152.


EXPLANATORY STATEMENT

1. The market pillar of the Fourth Railway Package

The market pillar of the Fourth Railway Package comprises three legislative proposals:

1.  A proposal to amend Directive 2012/34/EU 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;

2.  A proposal to amend Regulation 1370/2007 concerning the opening of the market for domestic passenger transport services by rail;

3.  A proposal to repeal Regulation 1192/69 on common rules for the normalisation of the accounts of railway undertakings.

2. The Commission proposal for the repeal of Regulation 1192/69

Regulation 1192/69 on common rules for the normalisation of the accounts of railway undertakings, which the Commission is proposing to repeal, allows Member States to compensate railway undertakings for the payment of obligations which undertakings of other transport modes do not have to support.

Those obligations may concern, for example, special payments in case of accidents at work, which a railway undertaking is obliged to make but in the case of other transport modes are borne by the state, pensions for railway workers who usually retire earlier from certain arduous jobs, or the payments for costs relating to level crossing facilities. The types of compensation for such obligations are divided into 15 categories ("classes") which define the specific scope and calculation principles, as included in the different annexes to Regulation 1192/69.

Regulation 1192/69 was adopted before the rail market was liberalised and when rail transport in Europe was developing primarily within national borders, with integrated companies both operating rail services and managing rail infrastructure. At the time, the objective of the Regulation was to put railway undertakings and undertakings active in other transport modes on an equal footing in bearing social costs or externalities. Moreover, the relationship between governments and mostly state-owned railway undertakings was not yet regulated by a contractual agreement, and a much more direct link of ownership among the two actors existed. Due to its initial intention, the Regulation contains an enumerated list of the former state-owned railway companies. This list was adapted several times to take into account the accession of new Member States, and today contains 40 companies.

The Commission states that since 2007 four Member States have regularly made use of this Regulation: Belgium, Germany, Ireland and Poland. Out of the 15 classes, payments were made in only 3. The Commission is of the opinion that, after several railway packages that transformed the rail sector, the Regulation does no longer respect the current legal environment and discriminates between those railway undertakings included in the list (and thereby eligible for compensation payments) and those excluded from the list.

3. The rapporteur's position

As the Commission states in its proposal, the Regulation does no longer respect the current legal environment. The Rapporteur fully shares this opinion with the Commission. The Rapporteur also agrees that the current text of the Regulation is discriminatory, as it only offers the possibility for compensation to 40 companies specified in the annexes of the Regulation. Therefore, maintaining the Regulation in force is not an option, unless the list of the railway undertakings would be constantly updated.

Parliament’s first reading position was adopted on 26 February 2014. Then, the European Parliament was in favour of repealing the Regulation but asked for a two-year delay for the entry into force of the repeal.

Following the adoption of Parliament’s first reading position, interinstitutional negotiations (aimed at an early second reading agreement) took place, from October 2015 to April 2016, under the Luxembourg and the Dutch Presidencies of the Council. After six rounds of trilogues, Parliament’s negotiating team reached an agreement with the Council Presidency on 19 April 2016. The text of the agreement was presented to the Committee on Transport and Tourism (TRAN) and approved on 12 July 2016. On the basis of the Committee’s approval, the Chair of the TRAN Committee, in his letter to the Chair of the Committee of Permanent Representatives (COREPER I), indicated that he would recommend to the Plenary to approve the Council’s position at first reading without amendments, provided that it is in conformity with the agreement reached between the two institutions. Following legal-linguistic verification, the Council adopted its position at first reading on 17 October 2016 in accordance with the agreement.

During the early-second reading negotiations and consultations with stakeholders, the Rapporteur found out that there is still need for a transitional period regarding the compensations paid for level crossing facilities (Class IV) due to the fact that some Member State(s) still use this Regulation as a basis for level crossing facilities compensations. In future, Member States may continue to pay compensation for the costs of those facilities on the basis of Article 8 of Directive 2012/34/EU. They may, nevertheless, need time to amend their national law and administrative provisions to take account of the repeal of Regulation 1192/69.

Therefore, the Rapporteur´s recommendation is to follow the Commission`s proposal to repeal the Regulation, with the exception of the provisions that apply to the normalisation of accounts for Class IV cases covered by Annex IV. Those provisions shall continue to apply until 31 December 2017. That would give time to Member States to adapt their national legislation concerning the compensations of costs relating to certain level crossing facilities.

However, the Rapporteur would like to emphasise that all Member States should respect earlier legislative acts and proceed with the transposition measures of Directive 2012/34/EU without any further delays.

4. Recommendation

As Council’s first reading position is in conformity with the agreement reached during the interinstitutional negotiations, the Rapporteur recommends endorsing it without amendments.


PROCEDURE – COMMITTEE RESPONSIBLE

Title

Repeal of Regulation (EEC) No 1192/69 of the Council on common rules for the normalisation of the accounts of railway undertakings

References

11197/1/2016 – C8-0424/2016 – 2013/0013(COD)

Date of Parliament’s first reading – P number

26.2.2014                     T7-0152/2014

Commission proposal

COM(2013)0026 - C7-0026/2013

Receipt of Council position at first reading announced in plenary

27.10.2016

Committee responsible

       Date announced in plenary

TRAN

27.10.2016

 

 

 

Rapporteurs

       Date appointed

Merja Kyllönen

13.10.2014

 

 

 

Discussed in committee

10.11.2016

 

 

 

Date adopted

5.12.2016

 

 

 

Result of final vote

+:

–:

0:

42

3

0

Members present for the final vote

Daniela Aiuto, Lucy Anderson, Marie-Christine Arnautu, Inés Ayala Sender, Georges Bach, Deirdre Clune, Michael Cramer, Andor Deli, Karima Delli, Isabella De Monte, Ismail Ertug, Jacqueline Foster, Bruno Gollnisch, Tania González Peñas, Dieter-Lebrecht Koch, Merja Kyllönen, Miltiadis Kyrkos, Bogusław Liberadzki, Peter Lundgren, Marian-Jean Marinescu, Georg Mayer, Gesine Meissner, Renaud Muselier, Jens Nilsson, Salvatore Domenico Pogliese, Tomasz Piotr Poręba, Gabriele Preuß, Christine Revault D’Allonnes Bonnefoy, Dominique Riquet, Massimiliano Salini, David-Maria Sassoli, Claudia Schmidt, Keith Taylor, Pavel Telička, István Ujhelyi, Wim van de Camp, Janusz Zemke, Roberts Zīle

Substitutes present for the final vote

Daniel Dalton, Fabio De Masi, Maria Grapini, Werner Kuhn, Ramona Nicole Mănescu, Matthijs van Miltenburg

Substitutes under Rule 200(2) present for the final vote

Jeroen Lenaers

Date tabled

6.12.2016

Legal notice