Procedure : 2013/0014(COD)
Document stages in plenary
Document selected : A7-0016/2014

Texts tabled :

A7-0016/2014

Debates :

PV 25/02/2014 - 8
PV 25/02/2014 - 10
CRE 25/02/2014 - 8
CRE 25/02/2014 - 10

Votes :

PV 26/02/2014 - 9.4
CRE 26/02/2014 - 9.4

Texts adopted :

P7_TA(2014)0151

REPORT     ***I
PDF 622kWORD 792k
9 January 2014
PE 513.292v02-00 A7-0016/2014

on the proposal for a regulation of the European Parliament and of the Council on the European Union Agency for Railways and repealing Regulation (EC) No 881/2004

(COM(2013)0027 – C7-0029/2013 – 2013/0014(COD))

Committee on Transport and Tourism

Rapporteur: Roberts Zīle

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 OPINION of the Committee on Budgets
 OPINION of the Committee on Budgetary Control
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council on the European Union Agency for Railways and repealing Regulation (EC) No 881/2004

(COM(2013)0027 – C7-0029/2013 – 2013/0014(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2013)0027),

–   having regard to Article 294(2) and Article 91(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0029/2013),

–   having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–   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 the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Lithuanian Parliament, the Romanian Senate and the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–   having regard to Rule 55 of its Rules of Procedure,

–   having regard to the report of the Committee on Transport and Tourism and the opinions of the Committee on Budgets and the Committee on Budgetary Control (A7-0016/2014),

1.  Adopts its position at first reading hereinafter set out;

2.  Requests that the Commission present a financial statement which fully takes into account the result of the legislative agreement between the European Parliament and the Council on all pieces of legislation within the Fourth Railway Package to meet the budgetary and staff requirements of ERA and possibly of the Commission services;

3.  Emphasises that any decision of the legislative authority on the draft regulation shall be without prejudice to the decisions of the budgetary authority in the context of the annual budgetary procedure;

4.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

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

Amendment  1

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) The European Railway Agency was originally established by Regulation (EC) 881/2004 of the European Parliament and of the Council of 29 April 20047, in order to promote the establishment of a European railway area without borders and to help revitalise the railway sector while reinforcing its essential advantages in terms of safety. Regulation 881/2004 has to be replaced by a new act due to substantial amount of changes to the tasks of the Agency and its internal organisation.

(3) The European Railway Agency was originally established by Regulation (EC) 881/2004 of the European Parliament and of the Council of 29 April 20047, in order to promote the establishment of a European railway area without borders and to help revitalise the railway sector while reinforcing its essential advantages in terms of safety. Regulation 881/2004 has to be replaced by a new act due to the substantial changes which are required in relation to the tasks of the Agency and its internal organisation.

______________

______________

7 OJ L 164, 30.4.2004, p. 1.

7 OJ L 164, 30.4.2004, p. 1.

Amendment  2

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) The Fourth Railway Package proposes important changes to improve the functioning of the Single European railway area through amendments by way of recast to Directive 2004/49/EC and Directive 2008/57/EC, both directly linked to the tasks of the Agency. Those Directives, together with this Regulation, provide in particular for performing tasks related to issuing vehicle authorisations and safety certificates at the Union level. It implies a greater role of the Agency.

(4) The Fourth Railway Package proposes important changes to improve the functioning of the single European railway area through amendments by way of recast to Directive 2004/49/EC and Directive 2008/57/EC, both directly linked to the tasks of the Agency. Those Directives, together with this Regulation, provide in particular for performing tasks related to issuing vehicle authorisations and safety certificates, especially in cross-border traffic at the Union level. It implies a greater role of the Agency.

Amendment  3

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5) The Agency should contribute to the creation and effective functioning of a Single European railway area without frontiers and guaranteeing a high level of safety while improving the competitive position of the railway sector. That should be attained by contributing, on technical matters, to the implementation of European Union legislation by enhancing the level of interoperability of railway systems and to developing a common approach to safety on the European railway system. The Agency should also perform the role of European authority responsible for issuing authorisations for placing on the market for railway vehicles and for types of vehicles, safety certificates for railway undertakings and authorisations for placing in service of trackside control-command and signalling sub-systems. Moreover, it should monitor national railway rules and the performance of national authorities acting in the railway interoperability and safety fields.

(5) The Agency should contribute to the creation and effective functioning of a Single European railway area without frontiers and guaranteeing a high level of safety while improving the competitive position of the railway sector. That should be attained by contributing, on technical matters, to the implementation of European Union legislation by enhancing the level of interoperability of railway systems and to developing a common approach to safety on the European railway system. The Agency should also perform the role of European authority responsible for issuing, at Union level, authorisations for placing railway vehicles on the market and for types of vehicles, safety certificates for railway undertakings and authorisations for placing in service of trackside European Rail Traffic Management System (ERTMS) sub-systems located or operated throughout the Union. Moreover, it should monitor national railway rules and the performance of national authorities acting in the railway interoperability and safety fields.

Justification

The Agency should be responsible for authorising elements of the European Rail Traffic Management System (ERTMS) so as to ensure a single European system rather than a multitude of national ones.

Amendment  4

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6) In pursuing its objectives, the Agency should take full account of the process of enlargement of the Union and of the specific constraints relating to rail links with third countries. The Agency should have sole responsibility for the functions and powers assigned to it.

(6) In pursuing its objectives, the Agency should take full account of the process of enlargement of the Union, the specific constraints relating to rail links with third countries, and the specific situation of rail networks with a different track gauge, particularly where the Member States are well integrated into those networks together with third countries but isolated from the main Union rail network. It should also seek to facilitate the principle of reciprocity between access for third countries to the Union market and access for Union undertakings to the markets of third countries.

Justification

The Agency should seek to promote EU undertakings’ reciprocal access to third country markets.

Amendment  5

Proposal for a regulation

Recital 6 a (new)

Text proposed by the Commission

Amendment

 

(6a) The Agency should have sole responsibility for the functions and powers assigned to it. National safety authorities should have sole responsibility for the decisions that they take.

Justification

Each agency or authority should take responsibility for its own decisions and accept liability where these decisions prove to be faulty.

Amendment  6

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7) The Agency, while performing its tasks, and particularly in relation to drafting recommendations, should take upmost account of external railway expertise. This expertise should predominantly consist of professionals from the railway sector and the relevant national authorities. They should form competent and representative working parties of the Agency.

(7) The Agency, while performing its tasks, and particularly in relation to drafting recommendations, should take upmost account of external railway expertise. This expertise should predominantly consist of experts from the national safety authorities and other relevant national authorities as well as professionals from the railway sector, including representative bodies and independent notified conformity assessment bodies. They should form competent and representative working parties of the Agency. The Agency should bear in mind the need to maintain a balance between risks and benefits, in particular as regards the management of conflicts of interest, on the one hand, and the objective of obtaining the best possible expertise, on the other.

Justification

The expertise of the national safety authorities gained over the years should be predominantly used by the Agency. The expertise of the sector and of independent notified conformity assessment bodies needs to be used.

Amendment  7

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10) Railway undertakings have been faced with various problems when applying for safety certificates to competent national authorities, ranging from protracting procedures and excessive costs to unfair treatment, especially of new entrants. The certificates issued in one Member State have not been unconditionally recognised in other Member States, with a detriment to the Single European rail area. In order to make the procedures for issuing safety certificates to railway undertakings more efficient and impartial, it is essential to migrate towards a single safety certificate valid throughout the Union and issued by the Agency. The revised Directive … [Railway Safety Directive] provides a basis for this.

(10) Railway undertakings have been faced with various problems when applying for safety certificates to competent national authorities, ranging from protracting procedures and excessive costs to unfair treatment, especially of new entrants. The certificates issued in one Member State have not been unconditionally recognised in other Member States, with a detriment to the Single European rail area. In order to make the procedures for issuing safety certificates to railway undertakings more efficient and impartial, it is essential to migrate towards a single safety certificate valid throughout the Union within the specified areas of operation and issued by the Agency. The revised Directive … [Railway Safety Directive] provides a basis for this.

Justification

Areas of use should be specified on the single safety certificate which would allow the railway undertaking to operate within these specified areas.

Amendment  8

Proposal for a regulation

Recital 11 a (new)

Text proposed by the Commission

Amendment

 

(11a) In an open European railway market with increasing cross-border operations, the respect of requirements on driving and rest time is essential for railway safety and for fair competition and should be controlled and enforced. The Commission should propose rules and mandatory regular checks on the basis of an electronic on-board device which registers the driving and rest time of locomotive drivers. The Agency should have the task of developing such an on-board registration device. National safety authorities should monitor driving and rest times, including for cross-border operations.

Amendment  9

Proposal for a regulation

Recital 11 b (new)

Text proposed by the Commission

Amendment

 

(11b) On-board personnel perform operational safety tasks within the railway system and are responsible for passengers' comfort and safety on-board trains. A certification similar to the certification of locomotive drivers should be set up by the Agency in order to guarantee a high level of qualifications and competences, to recognise the importance of this professional group for safe rail services and also in order to facilitate the mobility of workers.

Amendment  10

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12) In order to further pursue the development of Single European rail area, in particular with relation to providing appropriate information to freight customers and passengers, and taking into account current involvement of the Agency, it is necessary to give it a strengthened role in the field of telematics applications. This would ensure their consistent development and swift deployment.

(12) In order to further pursue the development of Single European rail area, in particular with relation to providing appropriate information to freight customers and passengers, and taking into account current involvement of the Agency, it is necessary to give it a strengthened role in the field of telematics applications within a flexible framework ensuring interoperability as well as enabling innovative commercial strategies to coexist. This would ensure their consistent development and swift deployment.

Justification

There is a necessity to ensure interoperability of telematics applications within a framework which respects commercial freedom of rail actors and facilitates innovation to the benefit of consumers.

Amendment  11

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(13) Given the importance of the European Rail Traffic Management System (ERTMS) for the smooth development of the Single European railway area and its safety, and taking into account its fragmented development to date, it is necessary to strengthen its overall coordination at the Union level. Therefore the Agency, as the most competent Union body, should be given a more prominent role in this field to ensure consistent development of the ERTMS, to contribute to ensuring that ERTMS equipment complies with the specifications in force and to ensure that ERTMS-related European research programmes are coordinated with the development of ERTMS technical specifications. Moreover, in order to make the procedures for issuing authorisations for placing in service of trackside control-command and signalling sub-systems more efficient and impartial, it is essential to migrate towards a single authorisation valid in the Union and issued by the Agency. The revised Directive … [Railway Interoperability Directive] provides a basis for this.

(13) Given the importance of the European Rail Traffic Management System (ERTMS) for the smooth development of the Single European railway area and its safety, and taking into account the failure of the development and deployment to date, it is necessary to strengthen its overall coordination at the Union level. The objective of achieving interoperability and harmonisation of train control and signalling systems across the Union is currently seriously undermined by a multitude of diverging national versions of ERTMS.

 

Therefore the Agency, as the most competent Union body, should be given a more prominent role in this field to ensure consistent development of the ERTMS, to contribute to ensuring that ERTMS equipment complies with the specifications in force and to ensure that ERTMS-related European research programmes are coordinated with the development of ERTMS technical specifications. Moreover, in order to make the procedures for issuing authorisations for placing in service of trackside control-command and signalling sub-systems more efficient and impartial, it is essential to migrate towards a single authorisation valid in the Union and issued by the Agency. The revised Directive … [Railway Interoperability Directive] provides a basis for this.

Justification

ERTMS offers clear benefits, but only when its main goal - i.e. interoperability and harmonisation - is not undermined by specific national versions that are not interoperable.

Amendment  12

Proposal for a regulation

Recital 13 a (new)

Text proposed by the Commission

Amendment

 

(13a) During recent years, several accidents in the rail freight sector illustrated the need to improve the rules at Union level for the maintenance of freight wagons. The Agency should work on harmonised compulsory requirements for regular maintenance intervals.

Amendment  13

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(14) Competent national authorities have been normally charging for issuing vehicle authorisations and safety certificates. With the transfer competence to the Union level, the Agency should be entitled to charge the applicants for issuing the certificates and authorisations mentioned in the preceding recitals. The level of those charges should be equal to or lower than the current average in the Union and should be determined in a delegated act to be adopted by the Commission.

(14) Competent national authorities have been normally charging for issuing vehicle authorisations and safety certificates. With the transfer competence to the Union level, the Agency should be entitled to charge the applicants for issuing the certificates and authorisations mentioned in the preceding recitals. The level of those charges should vary according to the extent of operations and area of use specified in the certificate or authorisation and should be determined in a delegated act to be adopted by the Commission. Establishment plan posts financed by those charges should not be subject to the staff reductions envisaged for all Union institutions and bodies.

Justification

The level of charges should be differentiated according to the extent of operations and areas of use specified in the certificate or authorisation. A certificate for a small railway line within one single country should not cost the same as a certificate for the whole of Europe.

Amendment  14

Proposal for a regulation

Recital 14 a (new)

Text proposed by the Commission

Amendment

 

(14a) That delegated act should ensure that the level of charges does not exceed the costs of the certification or authorisation procedures in question.

Justification

Fees and charges should be limited to covering the costs arising from the application process and not generate an element of profit for the Agency’s other activities.

Amendment  15

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15) It is a general objective that the transfer of functions and tasks from the Member States to the Agency should be done efficiently, without any reduction in the current high levels of safety. The Agency should have sufficient resources for its new tasks, and the timing of the allocation of these resources should be based on clearly defined needs. Taking into account the know-how of national authorities, in particular the National Safety Authorities, the Agency should be allowed to make appropriate use of that expertise when granting the relevant authorisations and certificates. To this end, secondment of national experts to the Agency should be encouraged.

(15) It is a general objective that the transfer of functions and tasks from the Member States to the Agency should be done efficiently, without any reduction in the current high levels of safety. The Agency should have sufficient resources for its new tasks, and the timing of the allocation of these resources should be based on clearly defined needs. Taking into account the know-how of national authorities, in particular the National Safety Authorities, the Agency should be allowed to make appropriate use of that expertise including through contractual agreements when granting the relevant authorisations and certificates. To this end, secondment of national experts to the Agency should be strongly encouraged, promoted and facilitated.

Justification

There is a necessity for the performance of the Agency to make the best use of the National Safety Authorities and their staff.

Amendment  16

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16) Directive … [Railway Safety] and Directive … [Railway Interoperability] provide for examination of national measures from the point of view of safety and interoperability, and compatibility with competition rules. They also limit the possibility for Member States to adopt new national rules. The current system in which a large number of national rules continue to exist leads to possible conflicts with Union rules and creates a risk of insufficient transparency and disguised discrimination of foreign operators, especially the smaller and new ones. In order to migrate towards a system of truly, transparent and impartial railway rules at Union level, gradual reduction of national rules needs to be reinforced. An opinion based on independent and neutral expertise is essential at Union level. To this end, the role of the Agency needs to be strengthened.

(16) Directive … [Railway Safety] and Directive … [Railway Interoperability] provide for examination of national measures from the point of view of safety and interoperability, and compatibility with competition rules. They also limit the possibility for Member States to adopt new national rules. The current system in which a large number of national rules continue to exist leads to possible safety risks and conflicts with Union rules and creates a risk of insufficient transparency and disguised discrimination of foreign operators, especially the smaller and new ones. In order to migrate towards a system of truly, transparent and impartial railway rules at Union level, gradual reduction of national rules, including operational rules, needs to be reinforced. An opinion based on independent and neutral expertise is essential at Union level. To this end, the role of the Agency needs to be strengthened.

Amendment  17

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(17) Performance, organisation and decision-making procedures in the field of railway interoperability and safety vary substantially among the national safety authorities and notified conformity assessment bodies, with a detrimental effect to smooth operation of the Single European rail area. In particular, small and medium companies wishing to enter the railway market in another Member State can be negatively affected. Therefore, a strengthened coordination with a view to greater harmonisation at the Union level is essential. To this end, the Agency should monitor the national safety authorities and notified conformity assessment bodies through audits and inspections.

(17) Performance, organisation and decision-making procedures in the field of railway interoperability and safety vary substantially among the national safety authorities and notified conformity assessment bodies, with a detrimental effect to smooth operation of the Single European rail area. In particular, small and medium companies wishing to enter the railway market in another Member State can be negatively affected. Therefore, a strengthened coordination with a view to greater harmonisation at the Union level is essential. To this end, the Agency should monitor the national safety authorities through audits and inspections. Monitoring of the notified conformity assessment bodies should be carried out by the national accreditation bodies in accordance with Article 5(3) of Regulation (EC) No 765/2008 . Equal monitoring of the performance of the Agency is also required.

Justification

The performance of national safety authorities, notified conformity assessment bodies as well as the performance of the Agency are crucial for smooth operation of the Single European rail area.

Amendment  18

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(20) The interoperability of the Trans-European network should be enhanced and the new investment projects chosen for support by the Union should be in line with the objective of interoperability set in Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the Trans-European transport network. The Agency is the right institution to contribute to these objectives.

(20) The interoperability of the Trans-European network should be enhanced and both ongoing and new investment projects chosen for support by the Union should be in line with the objective of interoperability set in Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the Trans-European transport network. The Agency is the right institution to contribute to these objectives.

Justification

Some ongoing projects are foreseen to still be in their implementing phase in the coming years, thus these interoperability requirements should apply to both ongoing and new projects.

Amendment  19

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(24) In order to ensure the greatest possible transparency and equal access for all parties to relevant information, the documents envisaged for the railway interoperability and safety processes should be accessible to the public. The same applies to licences, safety certificates and other relevant railway documents. The Agency should provide an efficient means of exchanging and publishing this information.

(24) In order to ensure the greatest possible transparency and equal access for all parties to relevant information, the documents envisaged for the railway interoperability and safety processes should be accessible to the public. The same applies to licences, safety certificates and other relevant railway documents. The Agency should provide efficient, user-friendly and easily accessible means of exchanging and publishing this information.

Amendment  20

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(26) In order to increase the efficiency of the Union financial support, its quality and compatibility with relevant technical regulations, the Agency, as the only Union body with reputable competence in the railway field, should play an active role in the assessment of rail projects.

(26) In order to increase the efficiency of the Union financial support, its quality and compatibility with relevant technical regulations, the Agency should play an active role in the assessment of rail projects with European added value, in close cooperation with national infrastructure managers.

Justification

Resources of the Agency being limited, the scope of the assessment of rail projects should be limited to projects of European added value.

Amendment  21

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(27) Railway interoperability and safety legislation, implementation guides or recommendations of the Agency may sometimes pose interpretation and other problems to the stakeholders. Proper and uniform understanding of those acts is a precondition for effective implementation of the railway acquis and the functioning of the railway market. Therefore, the Agency should actively engage in training and explanatory activities in that regard.

(27) Railway interoperability and safety legislation, implementation guides or recommendations of the Agency may sometimes pose interpretation and other problems to the stakeholders. Proper and uniform understanding of those acts is a precondition for effective implementation of the railway acquis and the functioning of the railway market. Therefore, the Agency should actively engage in training and explanatory activities in that regard, while giving particular attention to small and medium-sized enterprises.

Justification

To foster competition and facilitate the emergence of new and small entrants, special attention should be given to small and medium sized companies.

Amendment  22

Proposal for a regulation

Recital 27 a (new)

Text proposed by the Commission

Amendment

 

(27a) The Agency should cooperate fully with, and give the maximum possible assistance to, national authorities carrying out civil or criminal investigations when the investigations concern issues for which the Agency has responsibility.

Justification

The application of the Protocol on the Privileges and Immunities of the European Union, which is also applicable to the staff of the Agency, should not lead to undue delays or unfounded restrictions to the conduct of national inquiries. If the Agency or any of its staff are requested to appear in the context of a judicial inquiry, the Agency should cooperate fully with the responsible authorities of the Member States concerned.

Amendment  23

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

(28) In order to perform its tasks properly, the Agency should have legal personality and an autonomous budget funded mainly through a contribution by the Union and through fees and charges paid by applicants. In order to ensure independence in its daily management and in the opinions, recommendations and decisions which it issues, the Agency’s organisation should be transparent, the Executive Director should have full responsibility. The Agency’s staff should be independent and should represent an appropriate balance of short-term and long-term contracts, in order to maintain its organisational knowledge and business continuity while keeping necessary and on-going exchange of expertise with the railway sector.

(28) In order to perform its tasks properly, the Agency should have legal personality and an autonomous budget funded mainly through a contribution by the Union and through fees and charges paid by applicants. The Union contribution should be assessed and revised each time new powers are added which are not subject to fees or charges paid by applicants. The Agency's independence and impartiality should not be compromised by any financial contributions that it receives from Member States, third countries or other entities. In order to ensure independence in its daily management and in the opinions, recommendations and decisions which it issues, the Agency’s organisation should be transparent, the Executive Director should have full responsibility. The Agency's staff should be independent and should represent an appropriate balance of short-term and long-term contracts, of seconded national experts and permanent officials, in order to maintain its organisational knowledge and business continuity while keeping necessary and on-going exchange of expertise with the railway sector.

Justification

To make the full use of the expertise of national safety authorities' staff there should be an appropriate balance between seconded national experts and permanent officials. Also to align the recital with Article 58.

Amendment  24

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

(30) In order to guarantee the transparency of the Management Board's decisions, representatives of the sectors concerned should attend its meetings, but without the right to vote, that right being reserved for the representatives of public authorities who are accountable to the democratic control authorities. The representatives of the sector should be appointed by the Commission on the basis of their representativeness at Union level of railway undertakings, infrastructure managers, railway industry, workers unions, passengers and freight customers.

(30) In order to guarantee the transparency of the Management Board's decisions, representatives of the sectors concerned should attend its meetings, but without the right to vote, that right being reserved for the representatives of public authorities who are accountable to the democratic control authorities. The representatives of the sector should be appointed by the Commission on the basis of their representativeness at Union level of railway undertakings, infrastructure managers, railway industry, notified bodies, designated bodies, workers unions, passengers and, in particular, passengers with reduced mobility, and also freight customers.

Amendment  25

Proposal for a regulation

Recital 32

Text proposed by the Commission

Amendment

(32) It is necessary to ensure that parties affected by decisions made by the Agency enjoy the necessary remedies in an independent and impartial manner. An appropriate appeal mechanism should be set up so that decisions of the Executive Director can be subject to appeal to a specialised Board of Appeal, whose decisions are, in turn, open to action before the Court of Justice.

(32) It is necessary to ensure that parties affected by decisions made by the Agency enjoy the necessary remedies in an independent and impartial manner. An appropriate appeal mechanism should be set up so that decisions of the Executive Director can be subject to appeal to a specialised Board of Appeal that acts in complete independence from the Commission, the Agency, national safety authorities and any actor in the railway sector, whose decisions are, in turn, open to action before the Court of Justice.

Justification

In order to allow for impartial appeal procedure, the full independence of the Board of Appeal needs to be guaranteed.

Amendment  26

Proposal for a regulation

Recital 32 a (new)

Text proposed by the Commission

Amendment

 

(32a) The Agency staff advising a Board of Appeal should not themselves have been previously involved in the decision under appeal.

Justification

To ensure decisions taken on appeal are independent and seen to be so, not only the Members of Appeal Boards but also the staff assisting them should not have been involved in the original decision that is subject to appeal.

Amendment  27

Proposal for a regulation

Recital 34

Text proposed by the Commission

Amendment

(34) The Agency's work should be transparent. Effective control by the European Parliament should be ensured and, to this end, the European Parliament should have the possibility of hearing the Executive Director of the Agency and being consulted on the multi-annual work programme. The Agency should also apply the relevant Union legislation concerning public access to documents.

(34) The Agency's work should be transparent. Effective control by the European Parliament should be ensured and, to this end, the European Parliament should have the possibility of hearing the Executive Director of the Agency and being consulted on the multi-annual and annual work programmes. The Agency should also apply the relevant Union legislation concerning public access to documents.

Justification

In view of its responsibilities as part of the budgetary authority, Parliament should also have the possibility to be consulted on the annual work programme.

Amendment  28

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

(35) Over the past years, as more decentralised agencies have been created, the budgetary authority has looked to improve transparency and control over the management of the Union funding allocated to them, in particular concerning the budgetisation of fees, financial control, power of discharge, pension scheme contributions and the internal budgetary procedure (code of conduct). In a similar way, Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF)9 should apply without restriction to the Agency, which should accede to the Interinstitutional Agreement of 25 May 1999 between the European Parliament, the Council of the European Union and the Commission of the European Communities concerning internal investigations by the European Anti-Fraud Office10.

(35) Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF)9 should apply without restriction to the Agency, which should accede to the Interinstitutional Agreement of 25 May 1999 between the European Parliament, the Council of the European Union and the Commission of the European Communities concerning internal investigations by the European Anti-Fraud Office10 .

__________________

_______________

9 OJ L 136, 31.5.1999, p. 1.

9 OJ L 136, 31.5.1999, p. 1.

10 OJ L 136, 31.5.1999, p. 15.

10 OJ L 136, 31.5.1999, p. 15.

Amendment  29

Proposal for a regulation

Recital 37

Text proposed by the Commission

Amendment

(37) In order to properly determine the level of fees and charges which the Agency is entitled to levy, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of articles dealing with issuing and renewal of authorisations for placing in service of trackside control-command and signalling subsystems, authorisations for placing on the market for vehicles and for types of vehicles, and safety certificates. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.

(37) In order to properly determine the level of fees and charges which the Agency is entitled to levy, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of articles dealing with issuing and renewal of authorisations for placing in service of trackside ERTMS subsystems, authorisations for placing on the market for vehicles and for types of vehicles, and safety certificates. A differentiated level of fees and charges should be applied according to the areas of use and extent of operations specified in safety certificates and authorisations. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. Fees and charges should be set in a transparent, fair and uniform manner and should not jeopardize the competitiveness of the European industries concerned.

Amendment  30

Proposal for a regulation

Recital 37 a

Text proposed by the Commission

Amendment

 

(37a) In order to properly encourage the standardisation of railway spare parts, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of standardisation regarding spare parts. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.

Amendment  31

Proposal for a regulation

Article 1 – paragraph 3 – point c

Text proposed by the Commission

Amendment

(c) certification of train drivers provided for in Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers operating locomotives and trains on the railway system in the Community [Train Drivers Directive].

(c) certification of train drivers provided for in Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers operating locomotives and trains on the railway system in the Community and certification of all safety-relevant staff.

Justification

To make rail operations safe, it is not enough to certify only one professional group. All safety-relevant staff must be certified.

Amendment  32

Proposal for a regulation

Article 1 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a. The objectives of the Agency shall be to ensure a high level of rail safety and to help complete the Single European Rail Area. These objectives shall be achieved by:

 

(a) contributing, on technical matters, to the implementation of Union legislation aimed at enhancing the level of interoperability of the railway system and developing a common approach to safety on the Union railway system;

 

(b) acting as a European authority, in cooperation with the Member States, for authorising the placing of vehicles on the market and issuing safety certificates to railway undertakings;

 

(c) harmonising national rules and optimising procedures;

 

(d) monitoring action taken by the national safety authorities on interoperability and rail safety.

Justification

The aim of this amendment is to include a clear reference in the text to the objectives pursued by the Agency, using wording from the current text of the European Railway Agency Regulation (EC/881/2004) and including the new tasks conferred on it by the recast Directive, Interoperability Directive and Railway Safety Directive.

Amendment  33

Proposal for a regulation

Article 3 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) address recommendations to Member States concerning the application of Articles 21, 22 and 30;

(b) address recommendations to Member States concerning the application of Articles 21, 22 and 30 and to national safety authorities concerning the application of Article 29(4);

Amendment  34

Proposal for a regulation

Article 4 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

The Agency shall set up a limited number of working parties for drawing up recommendations, in particular related to technical specifications for interoperability (TSIs), common safety targets (CSTs) and common safety methods (CSMs).

The Agency shall set up a limited number of working parties for drawing up recommendations, in particular related to technical specifications for interoperability (TSIs), common safety targets (CSTs), common safety methods (CSMs), common safety indicators (CSIs), registers, entities in charge of maintenance and the documents referred to in Article 15 and provisions on minimum qualifications of railway staff entrusted with safety-critical tasks.

Justification

The field covered by the working parties set up by the Agency should be extended as their results have a significant impact on the railway sector.

Amendment  35

Proposal for a regulation

Article 4 – paragraph 2 – subparagraph 3

Text proposed by the Commission

Amendment

The Agency shall appoint to the working parties professionals from the railway sector from the list referred to in paragraph 3. It shall ensure adequate representation of those sectors of the industry and of those users which could be affected by measures the Commission may propose on the basis of the recommendations addressed to it by the Agency.

The Agency shall appoint to the working parties professionals from the railway sector from the list referred to in paragraph 3. It shall ensure adequate representation of all the Member States, of those sectors of the industry and of those users which could be affected by measures the Commission may propose on the basis of the recommendations addressed to it by the Agency.

Amendment  36

Proposal for a regulation

Article 4 – paragraph 2 – subparagraph 4

Text proposed by the Commission

Amendment

The Agency may, if necessary, appoint to the working parties independent experts and representatives of international organisations recognised as competent in the field concerned. Staff of the Agency may not be appointed to the working parties.

The Agency may, if necessary, appoint to the working parties independent experts and representatives of international organisations recognised as competent in the field concerned. Staff of the Agency may not be appointed to the working parties, except for the chair of the working parties, who shall be a representative of the Agency.

Justification

Corrects an inconsistency in the original wording between points 2 and 6 of Article 4.

Amendment  37

Proposal for a regulation

Article 4 – paragraph 3

Text proposed by the Commission

Amendment

3. Each representative body referred to in Article 34 shall forward to the Agency a list of the most qualified experts mandated to represent them in each working party.

3. Each year, each representative body referred to in Article 34 shall forward to the Agency a list of the most qualified experts mandated to represent them in each working party.

Justification

The frequency with which the list of experts is updated should be specified.

Amendment  38

Proposal for a regulation

Article 4 – paragraph 4

Text proposed by the Commission

Amendment

4. Whenever the work of such working parties has a direct impact on the working conditions, health and safety of workers in the industry, representatives from the workers' organisations shall participate in the relevant working parties as full members.

4. Whenever the work of such working parties has an impact on the working conditions, health and safety of workers in the industry, representatives from the workers' organisations from all the Member States shall participate in the relevant working parties as full members.

Amendment  39

Proposal for a regulation

Article 4 – paragraph 6

Text proposed by the Commission

Amendment

6. The working parties shall be chaired by a representative of the Agency.

deleted

Justification

Corrects an inconsistency with point 2 of the same article.

Amendment  40

Proposal for a regulation

Article 5 – paragraph 1

Text proposed by the Commission

Amendment

Whenever the work provided for in Articles 11, 12, 15, and 32 has a direct impact on the social environment or working conditions of workers in the industry, the Agency shall consult the social partners within the framework of the sectoral dialogue committee set up pursuant to Decision 98/500/EC11.

Whenever the work provided for in Articles 11, 12, 15, and 32 has a direct impact on the social environment or working conditions of workers in the industry, the Agency shall consult the social partners in all the Member States within the framework of the sectoral dialogue committee set up pursuant to Decision 98/500/EC11.

_____________

______________

11 Commission Decision 98/500/EC of 20 May 1998 on the establishment of Sectoral Dialogue Committees promoting the dialogue between the social partners at European level (OJ L 225, 12.8.1998, p. 27).

11 Commission Decision 98/500/EC of 20 May 1998 on the establishment of Sectoral Dialogue Committees promoting the dialogue between the social partners at European level (OJ L 225, 12.8.1998, p. 27).

Amendment  41

Proposal for a regulation

Article 5 – paragraph 2

Text proposed by the Commission

Amendment

These consultations shall be held before the Agency submits its recommendations to the Commission. The Agency shall take due account of these consultations, and shall, at all times, be available to expound on its recommendations. The opinions expressed by the sectoral dialogue committee shall be forwarded by the Agency to the Commission and by the Commission to the committee referred to in Article 75.

These consultations shall be held before the Agency submits its recommendations to the Commission. The Agency shall take due account of these consultations, and shall, at all times, be available to expound on its recommendations. The opinions expressed by the sectoral dialogue committee shall be forwarded, within two months, by the Agency to the Commission and by the Commission to the committee referred to in Article 75.

Amendment  42

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the Commission

Amendment

Whenever the work provided for in Articles 11 and 15 has a direct impact on rail freight customers and passengers, the Agency shall consult the organisations representing them. The list of organisations to be consulted shall be drawn up by the Commission with the assistance of the committee referred to in Article 75.

Whenever the work provided for in Articles 11 and 15 has a direct impact on rail freight customers and passengers, the Agency shall consult the organisations representing them, including in particular representatives of passengers with reduced mobility. The list of organisations to be consulted shall be drawn up by the Commission with the assistance of the committee referred to in Article 75.

Amendment  43

Proposal for a regulation

Article 6 – paragraph 2

Text proposed by the Commission

Amendment

These consultations shall be held before the Agency submits its proposals to the Commission. The Agency shall take due account of these consultations, and shall, at all times, be available to expound on its proposals. The opinions expressed by the organisations concerned shall be forwarded by the Agency to the Commission and by the Commission to the committee referred to in Article 75.

These consultations shall be held before the Agency submits its proposals to the Commission. The Agency shall take due account of these consultations, and shall, at all times, be available to expound on its proposals. The opinions expressed by the organisations concerned shall be forwarded, within two months, by the Agency to the Commission and by the Commission to the committee referred to in Article 75.

Amendment  44

Proposal for a regulation

Article 7 – paragraph 1

Text proposed by the Commission

Amendment

1. The Agency shall conduct an impact assessment of its recommendations and opinions. The Management Board shall adopt impact assessment methodology based on the methodology of the Commission. The Agency shall liaise with the Commission to ensure that relevant work at the Commission is duly taken into account.

1. The Agency shall conduct an impact assessment of its recommendations and opinions. The Management Board shall adopt impact assessment methodology based on the methodology of the Commission, taking into account the requirements laid down in Directive ... [the Railway Safety Directive]. The Agency shall liaise with the Commission to ensure that relevant work at the Commission is duly taken into account. The assumptions used as the basis for the impact assessment and the data sources used shall be clearly identified in the report accompanying each recommendation.

Amendment  45

Proposal for a regulation

Article 7 – paragraph 4

Text proposed by the Commission

Amendment

4. Member States shall provide the Agency with the data necessary for the impact assessment.

4. Member States and stakeholders shall provide the Agency, as required and at its request, with the data necessary for the impact assessment.

Justification

The Agency must be able to request the data from the Member States and other stakeholders.

Amendment  46

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission

Amendment

1. The Agency shall issue opinions at request of the national regulatory bodies referred to in Article 55 of Directive 2012/34/EU [Directive establishing a Single European Rail Area (recast)] concerning safety-related and interoperability-related aspects of matters drawn to their attention.

1. The Agency shall issue opinions at the request of one or more national regulatory bodies referred to in Article 55 of Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area11a concerning safety-related and interoperability-related aspects of matters drawn to their attention.

 

_________________

 

11a OJ L 343, 14.12.2012, p. 32.

Justification

Each national regulatory body must be able to request an opinion from the Agency.

Amendment  47

Proposal for a regulation

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

1. The Agency may carry out visits to the Member States in order to perform its tasks, in particular those referred to in Articles 12, 21, 22, 16, 17, 27, 29, 30, 31 and 38, in accordance with the policy defined by the Management Board.

1. The Agency may carry out visits to the Member States in order to perform its tasks, in particular those referred to in Articles 12, 21, 22, 16, 17, 18, 27, 28, 29, 30, 31, 33 and 38, in accordance with the policy defined by the Management Board.

Justification

These points (authorisation for placing in service of trackside ERTMS, accreditation of laboratories and registers and their accessibility) should be added to this list of tasks. The Agency should also be entitled to carry out visits on ERTMS trackside control command (Article 18) and accredited laboratories (Article 28) and registers (Article 33).

Amendment  48

Proposal for a regulation

Article 11 – paragraph 1

Text proposed by the Commission

Amendment

1. The Agency shall issue recommendations to the Commission on the Common Safety Methods (CSMs) and the Common Safety Targets (CSTs) provided for in Articles 6 and 7 of Directive … [the Railway Safety Directive]. The Agency shall also issue recommendations on periodic revision of CSMs and CSTs to the Commission.

1. The Agency shall issue recommendations to the Commission on the Common Safety Methods (CSMs), the Common Safety Indicators (CSIs) and the Common Safety Targets (CSTs) provided for in Articles 6 and 7 of Directive … [the Railway Safety Directive]. The Agency shall also issue recommendations on periodic revision of CSMs and CSTs to the Commission.

Amendment  49

Proposal for a regulation

Article 12 – paragraph 1

Text proposed by the Commission

Amendment

The Agency shall issue single safety certificates in accordance with Articles 10 and 11 of Directive … [the Safety Directive].

Without prejudice to Article 10 (2a) of Directive... [the Safety Directive] the Agency shall issue, renew, suspend, amend or revoke single safety certificates in accordance with Articles 10 and 11 of Directive … [the Safety Directive].

Amendment  50

Proposal for a regulation

Article 14 a (new)

Text proposed by the Commission

Amendment

 

Article 14a

 

Spontaneous reporting of incidents

 

The Agency shall establish a system enabling the spontaneous and anonymous reporting of any incident that may jeopardise the system's safety. It shall create a mechanism for informing the responsible actors automatically. The Agency shall also coordinate the communication of reports from national agencies, in particular where they affect safety in more than one State.

Amendment  51

Proposal for a regulation

Article 15 – paragraph 1 – point g a (new)

Text proposed by the Commission

Amendment

 

(ga) issue recommendations to the Commission relating to the content and design of a technical on-board device for registering and monitoring driving and rest time of locomotive drivers;

Amendment  52

Proposal for a regulation

Article 15 – paragraph 1 – point g b (new)

Text proposed by the Commission

Amendment

 

(gb) issue recommendations to the Commission on European standards to be developed by the relevant European standardisation bodies, particularly concerning spare parts;

Amendment  53

Proposal for a regulation

Article 15 – paragraph 1 – point g c (new)

Text proposed by the Commission

Amendment

 

(gc) issue detailed requests concerning standards for the relevant European standardisation bodies in order to fulfil the mandate given to them by the Commission;

Amendment  54

Proposal for a regulation

Article 15 – paragraph 1 – point g d (new)

Text proposed by the Commission

Amendment

 

(gd) issue recommendations to the Commission regarding the training and certification of on-board personnel with safety tasks;

Amendment  55

Proposal for a regulation

Article 15 – paragraph 1 – point g e (new)

Text proposed by the Commission

Amendment

 

(ge) issue recommendations to the Commission to harmonise national rules in accordance with Article 22(1), particularly in cases where one rule concerns several Member States. This work shall be carried out in cooperation with the national safety authorities;

Amendment  56

Proposal for a regulation

Article 15 – paragraph 1 – point g f (new)

Text proposed by the Commission

Amendment

 

(gf) at the request of the Commission, issue opinions to it on interoperability constituents not complying with the essential requirements in accordance with Article 11 of Directive ...[the Interoperability Directive];

Amendment  57

Proposal for a regulation

Article 15 – paragraph 1 – point g g (new)

Text proposed by the Commission

Amendment

 

(gg) issue recommendations to the Commission on minimum inspection intervals (time periods and kilometrage) in respect of rolling stock (goods wagons, passenger carriages and locomotives).

Justification

For other modes of transport, it goes without saying that there should be minimum inspection intervals. On the railways, this is based solely on manufacturer information and bilateral agreements between railway undertakings. That distorts competition, benefiting operators which apply the least stringent standards. So that safety can be ensured, and for completion of the internal market at a common level, minimum inspection intervals are required.

Amendment  58

Proposal for a regulation

Article 15 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. For drafting recommendations referred to in paragraph 1, points (a) and (b), the Agency shall:

2. For drafting recommendations referred to in paragraph 1, points (a), (b) and (c), the Agency shall:

Amendment  59

Proposal for a regulation

Article 15 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) ensure that the TSIs and the specifications for registers are adapted to technical progress and market trends and to social requirements;

(a) ensure that the TSIs and the specifications for registers are adapted to technical progress and market trends and to social requirements with a view to improving the efficiency of the railway system while taking into account its cost-effectiveness;

Amendment  60

Proposal for a regulation

Article 15 – paragraph 2 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba) participate as an observer in the relevant working groups on standardisation;

Justification

The aim of this amendment is to serve as a reminder that the Agency must take into account the cost-effectiveness of the measures proposed in texts it draws up as well the maintenance of the Member States’ high levels of safety and it is connected with European work on standardisation.

Amendment  61

Proposal for a regulation

Article 15 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a. The Agency shall involve the working parties where this is provided for in Article 4.

Justification

A reminder that the Agency must not fail to form working parties in the area of interoperability, as provided for in Article 4 with a view to ensuring the full participation of the sector.

Amendment  62

Proposal for a regulation

Article 16 – paragraph 1

Text proposed by the Commission

Amendment

The Agency shall issue authorisations for placing on the market for railway vehicles in accordance with Article 20 of Directive … [the Interoperability Directive].

Without prejudice to Article 20 (9a) of Directive ... [the Interoperability Directive] the Agency shall issue, renew, suspend, amend or revoke authorisations for placing on the market for railway vehicles in accordance with Article 20 of that Directive

Amendment  63

Proposal for a regulation

Article 17 – paragraph 1

Text proposed by the Commission

Amendment

The Agency shall issue authorisations for placing on the market for types of vehicles in accordance with Article 22 of Directive … [the Interoperability Directive].

The Agency shall issue, renew, suspend, amend or revoke authorisations for placing on the market for types of vehicles in accordance with Article 22 of Directive … [the Interoperability Directive].

Amendment  64

Proposal for a regulation

Article 18 – title

Text proposed by the Commission

Amendment

Authorisations for placing in service of trackside control-command and signalling sub-systems

Authorisation for placing in service of trackside ERTMS

Amendment  65

Proposal for a regulation

Article 18 – paragraph 1

Text proposed by the Commission

Amendment

The Agency shall issue authorisations for placing in service of the trackside control-command and signalling subsystems located or operated in the entire Union in accordance with Article 18 of Directive … [the Interoperability Directive].

The Agency shall issue, renew, suspend, amend or revoke authorisations for placing in service of the trackside ERTMS subsystems located or operated in the entire Union in accordance with Article 18 of Directive … [the Interoperability Directive].

Amendment  66

Proposal for a regulation

Article 19 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a. The Agency may play a role in promoting open and full access to data including international timetable datasets.

Justification

There is a necessity to promote full access to data and in particular the dataset called MERITS in order for companies to be able to develop such tools for passengers as a comprehensive pan-European journey planning.

Amendment  67

Proposal for a regulation

Article 19 – paragraph 3

Text proposed by the Commission

Amendment

3. The Agency shall develop and maintain the technical tools for managing the different versions of the telematics applications' specifications.

3. The Agency shall develop and maintain the technical tools for managing the different versions of the telematics applications' specifications and enforce the compatibility, both downwards and upwards, of these different versions.

Amendment  68

Proposal for a regulation

Article 21 – paragraph 2

Text proposed by the Commission

Amendment

2. Where after the examination referred to paragraph 1 the Agency considers that national rules enable the essential requirements for interoperability to be fulfilled, CSMs to be respected and the CSTs to be achieved, and that they would not result in arbitrary discrimination or a disguised restriction on rail transport operation between Member States, the Agency shall inform the Commission and the Member State concerned about its positive assessment. The Commission may validate the rule in the IT system referred to in Article 23.

2. Where after examination and within the deadlines referred to in paragraph 1 the Agency considers that national rules enable the essential requirements for interoperability to be fulfilled, CSMs to be respected and the CSTs to be achieved, and that they would not result in arbitrary discrimination or a disguised restriction on rail transport operation, the Agency shall inform the Commission and the Member State concerned about its positive assessment. The Commission may validate the rule in the IT system referred to in Article 23.

Justification

National rules must not result in arbitrary discrimination or a disguised restriction on rail transport operation within a Member State either.

Amendment  69

Proposal for a regulation

Article 21 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

 

4a. The provisions of this Article do not apply to national rules on health and safety at work and qualification and training requirements for railway staff with safety-relevant tasks.

Amendment  70

Proposal for a regulation

Article 21 – paragraph 4 b (new)

Text proposed by the Commission

Amendment

 

4b. In the case of the urgent preventive measures referred to in Article 8 of Directive ... [the Safety Directive] and Article 14(4) of Directive ... [the Interoperability Directive], in particular after an accident or an incident, the Agency shall lead the harmonisation of the rule at Union level, together with the national safety authorities. If necessary, the Agency shall issue a recommendation or an opinion to the Commission.

Justification

If new national rules need to be adopted, this process should be harmonised as far as possible at Union level, under the lead of the Agency.

Amendment  71

Proposal for a regulation

Article 22 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a. The Agency shall examine the national rules in force on the date of application of this Regulation. Accordingly, the Agency shall propose a plan of work to the Management Board, for carrying out the examination, as part of the annual and multiannual work programmes referred to in Article 48. Each year, pursuant to Article 50, the Agency shall submit a progress report to the Management Board on its work and the results achieved.

Justification

The purpose of this amendment is to set a clear objective to examine national rules in force and to require the Agency to report on progress made in that connection.

Amendment  72

Proposal for a regulation

Article 22 – paragraph 2

Text proposed by the Commission

Amendment

2. Where after the examination referred to paragraph 1 the Agency considers that national rules enable the essential requirements for interoperability to be fulfilled, CSMs to be respected and the CSTs to be achieved, and that they would not result in arbitrary discrimination or a disguised restriction on rail transport operation between Member States, the Agency shall inform the Commission and the Member State concerned about its positive assessment. The Commission may validate the rule in the IT system referred to in Article 23.

2. Where after examination referred to in paragraph 1 the Agency considers that national rules enable the essential requirements for interoperability to be fulfilled, CSMs to be respected and the CSTs to be achieved, and that they would not result in arbitrary discrimination or a disguised restriction on rail transport operation, the Agency shall inform the Commission and the Member State concerned about its positive assessment. The Commission may validate the rule in the IT system referred to in Article 23.

Justification

National rules must not result in arbitrary discrimination or a disguised restriction on rail transport operation within a Member State either.

Amendment  73

Proposal for a regulation

Article 22 – paragraph 3 – point a

Text proposed by the Commission

Amendment

(a) issue a recommendation addressed to the Member State concerned stating the reasons why the rule in question should be modified or repealed;

(a) issue a recommendation addressed to the Member State concerned, that the rule, which has been the subject of the negative assessment be repealed or modified immediately, and stating the reasons why that rule has to be modified or repealed;

Justification

With a view to greater responsiveness and efficiency, the Agency's request that a problematic rule be modified or repealed should preferably be submitted to the relevant Member State directly.

Amendment  74

Proposal for a regulation

Article 22 – paragraph 3 – point b

Text proposed by the Commission

Amendment

(b) inform the Commission about its negative assessment.

(b) inform the Commission about its negative assessment and forward to it the recommendation addressed to the Member State concerned.

Amendment  75

Proposal for a regulation

Article 22 – paragraph 5

Text proposed by the Commission

Amendment

5. The procedure described in paragraphs 2 and 3 shall apply, mutatis mutandis, in cases where the Agency becomes aware of any national rule, notified or not, being redundant or in conflict with the CSMs, CSTs, TSIs or any other Union legislation in the railway field.

5. The procedure described in paragraphs 2, 3 and 4 shall apply, mutatis mutandis, in cases where the Agency becomes aware of, or is informed about, any national rule, notified or not, being redundant or in conflict with the CSMs, CSTs, TSIs or any other Union legislation in the railway field or creating an unjustified barrier to the single railway market. In that event, the time limit laid down in paragraph 1 shall apply.

Justification

A rail sector actor should be able to make a referral to the Agency if it is subject to a rule which it regards as non-compliant.

Amendment  76

Proposal for a regulation

Article 22 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

 

5a. The provisions of this Article do not apply to national rules on health and safety at work and qualification and training requirements for railway staff with safety relevant tasks.

Amendment  77

Proposal for a regulation

Article 22 a (new)

Text proposed by the Commission

Amendment

 

Article 22a

 

Use of the database

 

The Agency shall carry out the technical examination of the national rules in force referred to in available national legislation as listed in its reference document database as at the date of entry into force of this Regulation.

Amendment  78

Proposal for a regulation

Article 23 – paragraph 1

Text proposed by the Commission

Amendment

1. The Agency shall set up and manage a dedicated IT system containing national rules referred to in Articles 21(1) and 22(1) and make it accessible to stakeholders and the public.

1. The Agency shall set up and manage a dedicated IT system containing national rules referred to in Articles 21(1) and 22(1) and national acceptable means of compliance referred to in Article 2(28a) of Directive ...[Interoperability Directive]. The Agency shall make it accessible to stakeholders and the public.

Justification

'National acceptable means of compliance' have been made accessible and transparent because they represent the easiest way of demonstrating compliance with national rules. Means of compliance should be notified to the Agency.

Amendment  79

Proposal for a regulation

Article 23 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a. Within one month of the entry into force of this Regulation, Member States shall notify to the Commission any existing national rule which has not been notified by the date of entry into force of this Regulation.

Amendment  80

Proposal for a regulation

Article 23 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall notify national rules referred to in Articles 21(1) and 22(1) to the Agency and to the Commission through the IT system referred to in paragraph 1. The Agency shall publish the rules in this system and use it for informing the Commission in accordance with Articles 21 and 22.

2. Member States shall notify national rules referred to in Articles 21(1) and 22(1) to the Agency and to the Commission through the IT system referred to in paragraph 1. The Agency shall publish the rules in this system and use it for informing the Commission in accordance with Articles 21 and 22. The Agency shall use the IT system to inform the Commission about any negative recommendation forwarded to a Member State pursuant to Article 21(3), and Article 22(3)(b).

Amendment  81

Proposal for a regulation

Article 23 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

 

4a. The Agency shall also make the status of the evaluation of those rules and, when completed, the results of the evaluation, publicly available via the system referred to in paragraph 1 of this Article.

Justification

To ensure maximum transparency in the application process.

Amendment  82

Proposal for a regulation

Article 24 – paragraph 3

Text proposed by the Commission

Amendment

3. The Agency shall recommend the adoption of a new version of ERTMS Technical specifications. However, it shall only do so when the previous version has been deployed at a sufficient rate. The development of new versions shall not be detrimental to the rate of deployment of the ERTMS, the stability of the specifications which is needed to optimise the production of ERTMS equipment, the return on investment for railway undertakings and efficient planning of the deployment of the ERTMS.

3. The Agency shall recommend the adoption of a new version of ERTMS Technical specifications. However, it shall only do so when the previous version has been deployed at a sufficient rate. The development of new versions shall not be detrimental to the rate of deployment of the ERTMS, the stability of the specifications which is needed to optimise the production of ERTMS equipment, the return on investment for railway undertakings and keepers and efficient planning of the deployment of the ERTMS.

Justification

This article also applies to vehicle keepers.

Amendment  83

Proposal for a regulation

Article 26 – paragraph 1

Text proposed by the Commission

Amendment

1. The Agency may assist the railway undertakings, at their request, in checking the technical and operational compatibility between ERTMS on-board and trackside subsystems before placing a vehicle in service.

1. The Agency shall assist the railway undertakings, at their request, in checking the technical and operational compatibility between ERTMS on-board and trackside subsystems before placing a vehicle in service.

Justification

If requested to do so by a railway undertaking, the Agency must assist it in checking the technical and operational compatibility between ERTMS on-board and trackside subsystems before placing a vehicle in service.

Amendment  84

Proposal for a regulation

Article 26 – paragraph 2

Text proposed by the Commission

Amendment

2. Where the Agency finds that there is a risk of a lack of technical and operational compatibility between networks and vehicles fitted with ERTMS equipment in the context of specific ERTMS projects, it may request the appropriate actors, in particular manufacturers, notified conformity assessment bodies, railway undertakings, infrastructure managers and national safety authorities, to provide any information relevant to the procedures applied for 'EC' verification and placing in service, and to operational conditions. The Agency shall inform the Commission about such a risk and, if necessary, recommend appropriate measures to the Commission.

2. Where the Agency finds that there is a risk of a lack of technical and operational compatibility between networks and vehicles fitted with ERTMS equipment, it may request the appropriate actors, in particular manufacturers, notified conformity assessment bodies, railway undertakings, keepers, infrastructure managers and national safety authorities, to provide any information relevant to the procedures applied for 'EC' verification and placing in service, and to operational conditions. The Agency shall immediately inform the Commission about such a risk and, if necessary, recommend appropriate measures to the Commission.

Justification

With regard to the ERTMS, not only rail undertakings may have an interest; keepers, too, may be interested. Infrastructure managers may also be interested in Agency assistance with regard to the ERTMS.

Amendment  85

Proposal for a regulation

Article 26 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a. The Agency shall set up a test track and laboratory for centralised testing of ERTMS track-side and on-board equipment.

Amendment  86

Proposal for a regulation

Article 28 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a. Where the Agency has doubts as to the performance of an accredited laboratory, it shall notify the competent accreditation body, the Member State concerned and the national safety authorities accordingly. The Agency shall be invited to participate as an observer in the peer review. Where doubts are raised, the Agency shall immediately inform the Member State concerned and the national safety authorities accordingly.

Justification

This amendment introduces an alert procedure in instances where the Agency considers that an accredited laboratory is not carrying out its duties satisfactorily.

Amendment  87

Proposal for a regulation

Article 29 – paragraph 4

Text proposed by the Commission

Amendment

4. If the Agency considers that the deficiencies referred to in paragraph 3 prevent the national safety authority concerned from effectively performing its tasks in relation to railway safety and interoperability, the Agency shall recommend to the national safety authority to take appropriate steps within a time limit to be defined taking into account the importance of the deficiency.

4. If the Agency considers that the deficiencies referred to in paragraph 3 prevent the national safety authority concerned from effectively performing its tasks in relation to railway safety and interoperability, the Agency shall recommend to the national safety authority to take appropriate steps within a time limit which it shall define taking into account the importance of the deficiency.

Amendment  88

Proposal for a regulation

Article 29 – paragraph 6 a (new)

Text proposed by the Commission

Amendment

 

6a. In the cases referred to in Article 10(2a) of Directive ... [the Safety Directive] and Article 20(9a) of Directive ... [Interoperability Directive] if national safety authorities take conflicting decisions and no mutually acceptable decision is reached, the applicant concerned by those decisions or a national safety authority that is involved may refer the decisions to the Agency who shall take a decision.

Amendment  89

Proposal for a regulation

Article 30 – paragraph 2

Text proposed by the Commission

Amendment

2. The Agency shall support harmonised accreditation of notified conformity assessment bodies, in particular by giving appropriate guidance on evaluation criteria and procedures to assess whether notified bodies meet the requirements referred to in Art. 27 of Directive [Interoperability Directive] to the accreditation bodies, via the European Accreditation infrastructure recognised by Art. 14 of Regulation (EC) No. 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No. 339/93.

2. The Agency shall support harmonised accreditation of notified conformity assessment bodies, in particular by giving appropriate guidance on evaluation criteria and procedures to assess whether notified bodies meet the requirements referred to in Chapter 6 of Directive ... [Interoperability Directive] to the accreditation bodies, via the European Accreditation infrastructure recognised by Article 14 of Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93.

Justification

It is proposed that the reference to Article 27 be deleted and replaced by a reference to Chapter 6 of the Interoperability Directive, which lays down the requirements applicable to conformity assessment bodies.

Amendment  90

Proposal for a regulation

Article 30 – paragraph 4

Text proposed by the Commission

Amendment

4. The Agency shall issue audit reports covering the activities referred to in paragraph 3 and send them to the notified conformity assessment body concerned and to the Commission. Each audit report shall include, in particular, any deficiencies identified by the Agency and recommendations for improvement. If the Agency considers that these deficiencies prevent the notified body concerned from effectively performing its tasks in relation to railway safety and interoperability, the Agency shall adopt a recommendation requesting the Member State in which that notified body is established to take appropriate steps within a time limit.

4. The Agency shall issue audit reports covering the activities referred to in paragraph 3 and send them to the notified conformity assessment body concerned and to the Commission. Each audit report shall include, in particular, any deficiencies identified by the Agency and recommendations for improvement. If the Agency considers that these deficiencies prevent the notified body concerned from effectively performing its tasks in relation to railway safety and interoperability, the Agency shall adopt a recommendation requesting the Member State in which that notified body is established to take appropriate steps within a time limit set by the Agency.

Amendment  91

Proposal for a regulation

Article 31 – paragraph 2

Text proposed by the Commission

Amendment

2. The Agency shall monitor the overall safety performance of the railway system. The Agency may in particular seek the assistance of the networks referred to in Article 34, including collection of data. The Agency shall also draw on the data collected by Eurostat and shall cooperate with Eurostat to prevent any duplication of work and to ensure methodological consistency between the common safety indicators and the indicators used in other modes of transport.

2. The Agency shall monitor the overall safety performance of the railway system and the safety regulatory framework. The Agency may in particular seek the assistance of the networks referred to in Article 34, including collection of data. The Agency shall also draw on the data collected by Eurostat and shall cooperate with Eurostat to prevent any duplication of work and to ensure methodological consistency between the common safety indicators and the indicators used in other modes of transport.

Amendment  92

Proposal for a regulation

Article 31 – paragraph 3

Text proposed by the Commission

Amendment

3. At the Commission's request, the Agency shall issue recommendations on how to improve the interoperability of the railway systems, in particular by facilitating coordination between railway undertakings and infrastructure managers, or between infrastructure managers.

3. The Agency shall develop a common occurrence reporting and monitoring system.

Amendment  93

Proposal for a regulation

Article 31 – paragraph 4

Text proposed by the Commission

Amendment

4. The Agency shall monitor progress on the interoperability and safety of the railway systems. Every two years it shall present to the Commission and publish a report on progress on interoperability and safety in the Single European Railway Area.

4. The Agency shall monitor and assess progress on the interoperability and safety of the railway systems and the related costs and benefits. Every two years it shall present to the Commission and publish a report on progress on interoperability and safety in the Single European Railway Area.

Justification

Interoperability and safety are intrinsically interrelated and must both be addressed. There must be a comprehensive analysis, in addition, so that the resulting benefits and costs incurred can be clearly assessed.

Amendment  94

Proposal for a regulation

Article 32 – paragraph 2

Text proposed by the Commission

Amendment

2. The Agency may be requested by the Commission to perform other tasks relating to railway staff in accordance with Directive 2007/59/EC.

2. The Agency may be requested by the Commission to perform other tasks relating to railway staff in accordance with Directive 2007/59/EC and relating to railway staff entrusted with safety-critical tasks not covered by Directive 2007/59/EC.

Amendment  95

Proposal for a regulation

Article 33 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. The Agency shall set up and keep European registers provided for in Article 43, 44 and 45 of Directive … [Interoperability Directive]. The Agency shall act as the system authority for all registers and databases referred to in the Safety, Interoperability and Train Drivers Directives. This shall include, in particular:

1. The Agency shall define European registers provided for in Article 43, 44 and 45 of Directive … [Interoperability Directive] in a practical, efficient and user-friendly format to fully support business and operational needs. The Agency shall act as the system authority for all registers and databases referred to in the Safety, Interoperability and Train Drivers Directives. This shall include, in particular:

Justification

The Agency should define the characteristics of the European registers.

Amendment  96

Proposal for a regulation

Article 33 – paragraph 1 – point d a (new)

Text proposed by the Commission

Amendment

 

(da) setting-up and maintaining the registers referred to in points(g), (i) and (ma).

Justification

The Agency should define the characteristics of the European registers.

Amendment  97

Proposal for a regulation

Article 33 – paragraph 1 – point d b (new)

Text proposed by the Commission

Amendment

 

(db) creating an European Vehicle Register.

Amendment  98

Proposal for a regulation

Article 33 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a. The European Vehicle Register:

 

(a) shall be kept by the Agency;

 

(b) shall be public;

 

(c) shall be incorporated in the European Vehicle Register no later than two years after the entry into force of this Directive. The Commission shall establish, by means of implementing acts, the format type document. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 75;

 

(d) shall include at least the following details for each type of vehicle:

 

(i) the technical characteristics of the type of vehicle, as defined in the relevant TSI;

 

(ii) the manufacturer's name;

 

(iii) the dates and references of the successive authorisations for that type of vehicle, including any restrictions or withdrawals, and the Member States granting the authorisations;

 

(iv) design features intended for persons with reduced mobility and persons with disabilities.

 

When the Agency issues, renews, amends, suspends or revokes an authorisation to place vehicle types in service, it shall update the register without delay.

Amendment  99

Proposal for a regulation

Article 33 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. The Agency shall make the following documents and registers provided for by Directive … [Interoperability Directive] and Directive … [Railway Safety Directive] publicly available:

2. The Agency shall make the following documents and registers provided for by Directive … [Interoperability Directive] and Directive … [Railway Safety Directive] publicly available through an implemented, user-friendly and easily accessible IT solution:

Amendment  100

Proposal for a regulation

Article 33 – paragraph 2 – point f

Text proposed by the Commission

Amendment

(f) the national rules notified to the Commission in accordance with Article 8 of Directive … [Railway Safety Directive] and Articles 14 of Directive … [Interoperability Directive];

(f) the national rules notified to the Commission in accordance with Article 8 of Directive … [Railway Safety Directive] and Article 14 of Directive … [Interoperability Directive] and the Agency's assessment of them;

Amendment  101

Proposal for a regulation

Article 33 – paragraph 2 – point g

Text proposed by the Commission

Amendment

(g) the vehicle registers, including via links to relevant national registers;

(g) the European vehicle register;

Amendment  102

Proposal for a regulation

Article 33 – paragraph 2 – point m a (new)

Text proposed by the Commission

Amendment

 

(ma) the register of certified entities in charge of maintenance, in accordance with Article 14 of Directive... [Safety Directive].

Amendment  103

Proposal for a regulation

Article 33 – paragraph 5

Text proposed by the Commission

Amendment

5. The national authorities responsible for issuing the licences and certificates referred to in points (c) and (d) of paragraph 2 shall notify the Agency within one month of each individual decision to issue, renew, amend or revoke those licenses and certificates.

5. The national authorities responsible for issuing the licences and certificates referred to in points (c) and (d) of paragraph 2 shall notify the Agency within ten days of each individual decision to issue, renew, amend or revoke those licenses and certificates.

Justification

In the age of modern information technology, it is hard to understand why it should take national authorities a month to transmit the decisions they have already taken.

Amendment  104

Proposal for a regulation

Article 34 – title

Text proposed by the Commission

Amendment

Networks of national safety authorities, investigating bodies and representative bodies

Networks of national safety authorities and representative bodies

Justification

The Agency, in view of its new powers, may be investigated by investigating bodies. It is therefore necessary to make sure that they are independent of the Agency. Accordingly, it is proposed that the entire concept of 'investigating body' be removed from this article and that a new article be created, 34a, which sets out the links which may exist between the Agency and investigating bodies.

Amendment  105

Proposal for a regulation

Article 34 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

The Agency shall establish a network of the national safety authorities and a network of the investigating bodies referred to in Article 21 of Directive…/… [Railway Safety Directive]. The Agency shall provide them with a secretariat. The tasks of the networks shall, in particular, be:

The Agency shall establish a network of the national safety authorities referred to in Article 17(4) of Directive…/… [Railway Safety Directive]. The Agency shall provide them with a secretariat. The tasks of the networks shall, in particular, be:

Justification

This amendment establishes consistency with Article 17(4) of the Railway Safety Directive, which refers to the existence of a network of national safety authorities.

Amendment  106

Proposal for a regulation

Article 34 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

 

(ca) provision of information to the Agency, if necessary, on deficiencies of the secondary legislation that derives from Directive ... [Railway Safety Directive] and Directive ... [Interoperability Directive].

Justification

This amendment adds to the obligations of national safety authorities by requiring them to inform the Agency whether the network has established deficiencies in secondary legislation deriving from the Safety Directive and the Interoperability Directive.

Amendment  107

Proposal for a regulation

Article 34 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. The Agency shall establish a network of representative bodies from the railway sector acting at the Union level. The list of these bodies shall be defined in an implementing act adopted by the Commission, in accordance with advisory procedure referred to in Article 75. The Agency shall provide the network with a secretariat. The tasks of the network shall, in particular, be:

2. The Agency shall establish a network of representative bodies from the railway sector, including representatives of passengers, passengers with reduced mobility and employees, acting at the Union level. The list of these bodies shall be defined in an implementing act adopted by the Commission, in accordance with advisory procedure referred to in Article 75. The Agency shall provide the network with a secretariat. The tasks of the network shall, in particular, be:

Amendment  108

Proposal for a regulation

Article 38 – paragraph 1

Text proposed by the Commission

Amendment

Without prejudice to the derogations provided for by Article 9 of Directive […] [Railway Interoperability Directive], the Agency shall, at the Commission's request, examine, from the point of view of interoperability and safety, any project involving the design, construction, renewal or upgrading of the subsystem for which an application for Union financial support has been submitted.

Without prejudice to the derogations provided for by Article 9 of Directive […] [Railway Interoperability Directive], the Agency shall, at the Commission's request, examine, from the point of view of interoperability and safety, any project involving the design, construction, renewal or upgrading of the subsystem for which an application for Union financial support has been submitted. In the case of projects funded under the Trans European Network – Transport (TEN-T) programme, the Agency should closely cooperate with the TEN-T Executive Agency.

Amendment  109

Proposal for a regulation

Article 40 – paragraph 3

Text proposed by the Commission

Amendment

3. The Management Board shall adopt a strategy for relations with third countries or international organisations concerning matters for which the Agency is competent. This strategy shall be included in the annual and multi-annual work programme of the Agency, with a specification of associated resources.

3. The Management Board shall adopt a strategy for relations with third countries or international organisations concerning matters for which the Agency is competent. This strategy shall be included in the annual and multi-annual work programme of the Agency, with a specification of associated resources. The strategy shall seek to ensure that the activities of the Agency facilitate reciprocal access for Union railway undertakings to the rail markets of third countries.

Justification

The strategy for relations with third countries should give priority to promoting fair, reciprocal access for European Union rail undertakings to third country markets.

Amendment  110

Proposal for a regulation

Article 41 – paragraph 1

Text proposed by the Commission

Amendment

The Agency shall contribute to identifying potential railway spare parts to be standardised. To this end, the Agency may establish a working party in order to coordinate the stakeholders' activities and may establish contacts with the European standardisation bodies. The Agency shall present the Commission with appropriate recommendations.

The Agency shall contribute to identifying potential railway spare parts to be standardised. To this end, the Agency shall establish a working party in order to coordinate the stakeholders' activities and shall establish contacts with the European standardisation bodies. The Agency shall present the Commission with appropriate recommendations no later than two years after the entry into force of this Regulation.

Justification

To stimulate the market for rolling stock and reduce the costs for railways undertakings there is a necessity to develop type-approvals for spare parts.

Amendment  111

Proposal for a regulation

Article 43 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

1. The Management Board shall be composed of one representative from each Member State and four representatives of the Commission, all with a right to vote.

1. The Management Board shall be composed of one representative from each Member State and two representatives of the Commission, all with a right to vote.

Amendment  112

Proposal for a regulation

Article 43 – paragraph 4

Text proposed by the Commission

Amendment

4. The term of office of the members shall be four years and may be renewed.

4. The term of office of the members shall be five years and may be renewed once.

Amendment  113

Proposal for a regulation

Article 44 – paragraph 2

Text proposed by the Commission

Amendment

2. The term of office of the Chairperson and Deputy Chairperson shall be four years and may be renewed. If, however, their membership of the Management Board ends at any time during their term of office, their term of office shall automatically expire on that date also.

2. The term of office of the Chairperson and Deputy Chairperson shall be five years and may be renewed once. If, however, their membership of the Management Board ends at any time during their term of office, their term of office shall automatically expire on that date also.

Justification

Amendment following on from the amendment to Article 43(4).

Amendment  114

Proposal for a regulation

Article 44 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a. The Chairperson of the Management Board shall decide whether or not to accede to a request to exclude a member of the Board of Appeal, in accordance with Article 53(3a), and, if necessary, in accordance with Article 53(3b), shall appoint a temporary member to the Board of Appeal.

Justification

Where a member of the Board of Appeal rejects a request to withdraw, a neutral third party must rule on whether or not the request is warranted. If, in addition, none of the members appointed by the Management Board is in a position to hear a case, additional members should be appointed to the Board of Appeal on an ad hoc basis and promptly. This amendment, which is in keeping with the amendment tabled to Article 53, incorporates such decisions into the powers specific to the Chairperson of the Management Board.

Amendment  115

Proposal for a regulation

Article 45 – paragraph 1

Text proposed by the Commission

Amendment

1. Meetings of the Management Board shall be convened by its Chairperson. The Executive Director of the Agency shall participate in the meetings.

1. Meetings of the Management Board shall be convened by its Chairperson. The Executive Director of the Agency shall participate in the meetings except where the Management Board is to take a decision relating to Article 64.

Justification

Someone who is the subject of an inquiry or someone whose immunity is the subject of a waiver request cannot take part in decision-making procedures relating to such issues. Bearing this in mind, this amendment forbids the Executive Director from participating in or attending Management Board meetings at which issues relating to Article 64 are discussed.

Amendment  116

Proposal for a regulation

Article 47 – paragraph 1 – point l

Text proposed by the Commission

Amendment

(l) adopt an anti-fraud strategy, which is proportionate to the fraud risks having regard to cost-benefit of the measures to be implemented;

(l) adopt an anti-fraud and transparency strategy, which is proportionate to the fraud risks having regard to cost-benefit of the measures to be implemented;

Amendment  117

Proposal for a regulation

Article 47 – paragraph 1 – point n

Text proposed by the Commission

Amendment

(n) adopt rules for the prevention and management of conflicts of interest in respect of members of the Management Board and of the Board of Appeal.

(n) adopt rules for the prevention and management of conflicts of interest in the Agency as established in Article 68a and in respect of members of the Management Board and of the Board of Appeal.

Justification

The Management Board should need to develop a conflict of interest policy, not only as regards the members of both boards, but a general policy for the Agency. See new addition suggested in a new article 68a to introduce a complete set of rules for managing and preventing conflict of interest.

Amendment  118

Proposal for a regulation

Article 47 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

The Management Board shall adopt, in accordance with the procedure provided for in Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and on Article 6 of the Conditions of Employment of Other Servants delegating the relevant appointing authority powers to the Executive Director and defining the conditions under which this delegation of powers can be suspended. The Executive Director is authorised to sub-delegate these powers.

The Management Board shall adopt, in accordance with the procedure provided for in Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and on Article 6 of the Conditions of Employment of Other Servants delegating the relevant appointing authority powers to the Executive Director and defining the conditions under which this delegation of powers can be suspended. The Executive Director is authorised to sub-delegate these powers. Such sub-delegation of powers shall not affect his or her liability. The Executive Director shall inform the Management Board of such delegations and sub-delegations.

Amendment  119

Proposal for a regulation

Article 47 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

In application of the previous subparagraph, where exceptional circumstances so require, the Management Board may, by way of a decision, suspend temporarily the delegation of appointing authority powers to the Executive Director and those sub-delegated by the latter and exercise them itself or delegate them to one of its members or to a staff member other than the Executive Director.

In application of the previous subparagraph, where exceptional circumstances so require, the Management Board may, by way of a decision, suspend temporarily the delegation of appointing authority powers to the Executive Director and those sub-delegated by the latter and exercise them itself or delegate them to one of its members or to a staff member other than the Executive Director. The delegate shall inform the Management Board of such a delegation.

Amendment  120

Proposal for a regulation

Article 47 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a. The Management Board shall waive the immunity of the Agency or of present or past members of its staff, in accordance with Article 64.

Justification

In line with Article 64, this amendment places the power to waive the immunity of the Agency or of its staff within the remit of the Management Board.

Amendment  121

Proposal for a regulation

Article 48 – paragraph 2

Text proposed by the Commission

Amendment

2. The work programme shall be adopted without prejudice to the Union’s annual budgetary procedure. If, within 15 days of the date of adoption of the work programme, the Commission expresses its disagreement with the programme, the Management Board shall re-examine the programme and adopt it, as amended if necessary, within a period of two months, in second reading either by a two-thirds majority of its members entitled to vote, including by all Commission representatives, or by unanimity of the representatives of the Member States.

2. The work programme shall be adopted without prejudice to the Union’s annual budgetary procedure. If, within 15 days of the date of adoption of the work programme, the Commission expresses its disagreement with the programme, the Management Board shall re-examine the programme and adopt it, as amended if necessary, within a period of two months, in second reading by a two-thirds majority of its members entitled to vote, including all Commission representatives.

Justification

The fact that the representatives of the Member States are present means they already have a two-thirds majority where there is agreement on a position.

Amendment  122

Proposal for a regulation

Article 51 – paragraph 1

Text proposed by the Commission

Amendment

1. The Agency shall establish one or more Boards of Appeal.

1. The Agency shall establish one or more independent Boards of Appeal.

Justification

Although, for practical reasons, the Appeal Boards cannot be fully separate from the Agency, they should be independent in terms of decision-making. To achieve this, they should be functionally and organisationally distinct from other parts of the Agency.

Amendment  123

Proposal for a regulation

Article 51 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

 

5a. The qualifications required for each member of the Board of Appeal, the power of each member at the preparatory decision-making stage and the voting conditions shall be determined by the Commission with the assistance of the committee referred to in Article 48(3) of Directive ... [Interoperability Directive].

Justification

The suggestion here is for the qualifications required for each member of the Board of Appeal, the power of each member at the preparatory stage at which decisions are taken and opinions issued, and the voting conditions to be defined by an act adopted by the Committee on rail interoperability and safety.

Amendment  124

Proposal for a regulation

Article 52 – paragraph 1

Text proposed by the Commission

Amendment

1. The term of office of the members and alternates of a Board of Appeal shall be four years and may be renewed.

1. The term of office of the members and alternates of a Board of Appeal shall be five years and may be renewed once.

Justification

Brings the text into line with the amendments to Articles 43 and 44.

Amendment  125

Proposal for a regulation

Article 52 – paragraph 2

Text proposed by the Commission

Amendment

2. The members of a Board of Appeal shall be independent and may not perform any other duties within the Agency. In making their decisions they shall not be bound by any instructions.

2. The members of a Board of Appeal shall be independent of all parties involved in an appeal. They may not perform any other duties within the Agency or the Commission. In making their decisions or delivering their opinions they shall not be bound by any instructions.

Justification

The aim of this amendment is to clarify and set in context the requirement for the members of the Board of Appeal to be independent, which should cover only those parts of the appeal of which they need to be aware. The independence requirement should nevertheless apply in the case of appeals seeking an opinion and in the case of appeals involving a decision by the board.

Amendment  126

Proposal for a regulation

Article 53 – paragraph 1

Text proposed by the Commission

Amendment

1. The members of the Board of Appeal may not take part in any appeal proceedings if they have any personal interest in the proceedings, if they have previously been involved as representatives of one of the parties to the proceedings, or if they participated in the decision under appeal.

1. The members of the Board of Appeal shall not take part in any appeal proceedings if they have any personal interest in the proceedings, if they have previously been involved as representatives of one of the parties to the proceedings, or if they participated in the decision under appeal, including, in the case of appeals lodged pursuant to Article 54(1), in delivering an opinion pursuant to Article 54(4) in respect of the same authorisation or the same certificate.

Justification

To ensure that the principle of impartiality is upheld in full, if a member of the Board of Appeal is prevented from taking part in appeals proceedings owing to incompatibility, that incompatibility must also apply to opinions delivered as part of mutual dispute resolution proceedings between the Agency and the NSA in which the Board of Appeal member concerned has taken part and in respect of the same authorisation or the same certificate.

Amendment  127

Proposal for a regulation

Article 53 – paragraph 2

Text proposed by the Commission

Amendment

2. Members of the Board of Appeal who consider that they should not take part in any appeal proceeding, for one of the reasons referred to in paragraph 1 or for any other reason, shall inform the Board of Appeal which decides on the exclusion accordingly.

2. Members of the Board of Appeal who consider that they should not take part in any appeal proceeding, for one of the reasons referred to in paragraph 1 or for any other reason, shall inform the Board of Appeal of their decision not to take part.

Justification

If a member of the board takes the view that he or she has a conflict of interest, it is up to him or her to decide not to take part, without the board having the option to oppose such a decision.

Amendment  128

Proposal for a regulation

Article 53 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a. A party may apply in writing to the chair of the Management Board for a member of the Board of Appeal to be excluded. The exclusion application shall be made on one of the grounds referred to in paragraph 1 or on the grounds of a risk of bias. The application shall be accompanied by relevant supporting documents. The request shall only be admissible if it is made before the start of proceedings before the Board of Appeal, or, where the information constituting the grounds for the exclusion request becomes known after the proceedings have started, within five days of the requesting party becoming aware of that information.

 

The Board of Appeal member concerned shall be notified of the request. Within five days of being notified of the exclusion request, the Board of Appeal member concerned shall state whether he or she agrees to be excluded. If he or she does not agree, the chair of the Management Board shall take a decision within seven working days of the response by the member concerned, or, where there is no response, after expiry of the deadline set for issuing a response.

Justification

This amendment sets out the procedure via which the parties may request that a member of the board be excluded with a view to ensuring full impartiality and, at the same time, to preventing the use of any delaying tactics.

Amendment  129

Proposal for a regulation

Article 53 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

 

3b. The Board of Appeal shall deliver its opinion or take its decision without the participation of the member who has decided not to take part or who has been excluded in accordance with paragraphs 2 and 3. In order for the decision to be taken or the opinion delivered, the member concerned shall be replaced on the Board of Appeal by his or her substitute.

 

If the substitute is unable to take his or her seat on the board for whatever reason, the chair of the Management Board shall appoint a temporary member to the board from the list referred to in Article 51(3) to replace him or her in the case concerned.

Justification

The aim of this amendment is to establish what happens if one or more members of the board are unable to participate.

Amendment  130

Proposal for a regulation

Article 54 – paragraph 1

Text proposed by the Commission

Amendment

1. An appeal may be brought before the Board of Appeal against decisions taken by the Agency pursuant to Articles 12, 16, 17 and 18.

1. An appeal may be brought before the Board of Appeal against decisions taken by the Agency pursuant to Articles 12, 16, 17 and 18 or against recommendations issued pursuant to Articles 21 and 22 or against a failure by the Agency to respond within the prescribed time limits.

Justification

Where the Agency fails to act or take a decision within the prescribed time limits, those entitled to appeal (pursuant to Article 55) are authorised to do so.

Amendment  131

Proposal for a regulation

Article 54 – paragraph 2

Text proposed by the Commission

Amendment

2. An appeal lodged pursuant to paragraph 1 shall not have a suspensory effect. The Agency may, however, suspend the application of the decision appealed against, if it considers that circumstances so permit.

2. An appeal lodged pursuant to paragraph 1 shall not have a suspensory effect. The Agency may, however, suspend the application of the decision appealed against, if it considers that circumstances so permit, as long as the suspension of the decision does not affect railway safety.

Justification

Suspending a decision during proceedings must not compromise safety. The aim of this amendment is to prevent the suspension of a decision if such a suspension might compromise safety.

Amendment  132

Proposal for a regulation

Article 55

Text proposed by the Commission

Amendment

Persons entitled to Appeal, time limit and form

Persons entitled to Appeal, time limits and form

1. Any natural or legal person may appeal against a decision addressed to that person by the Agency pursuant to Articles 12, 16, 17 and 18.

1. Any natural or legal person may appeal against a decision addressed to that person by the Agency pursuant to Articles 12, 16, 17 and 18 or against a failure to take a decision within the prescribed time limits. Such rights of appeal shall also apply to bodies representing the persons referred to in Article 34(2), as duly authorised in accordance with their statutes.

2. The appeal, together with the statement of grounds thereof, shall be filed in writing at the Agency within two months of the notification of the measure to the person concerned, or, if the person is not notified of the measure, within two months of the day on which it came to their knowledge.

2. The appeal, together with the statement of grounds thereof, shall be filed in writing at the Agency within two months of the notification of the measure to the person concerned, or, if the person is not notified of the measure, within two months of the day on which it came to their knowledge.

 

2a. Appeals against the absence of a decision shall be filed in writing at the Agency within two months of the expiry of the time limit defined in the relevant Article.

Justification

This amendment gives third parties a right to object on behalf of persons who believe they have been adversely affected as a result of a discriminatory decision taken by the Agency.

Amendment  133

Proposal for a regulation

Article 56 – paragraph 1

Text proposed by the Commission

Amendment

1. When examining the appeal, The Board of Appeal shall act expeditiously. It shall, as often as necessary, invite the parties to the appeal proceedings to file, within specified time limits, observations on its notifications or on communications from other parties to the appeal proceedings. Parties to the appeal proceedings shall be entitled to make oral presentations.

1. The Board of Appeal shall decide within three months of the appeal being filed whether to grant or refuse that appeal. It shall request any additional information it may require within one month of the appeal being filed. That relevant information shall be supplied within a reasonable time period set by the Board of Appeal that shall not exceed one month. It shall, as often as necessary, invite the parties to the appeal proceedings to file, within specified time limits that shall not exceed one month, observations on its notifications or on communications from other parties to the appeal proceedings. Parties to the appeal proceedings shall be entitled to make oral presentations.

Justification

To make the process clear, transparent and dependable for all parties, clear time limits are essential.

Amendment  134

Proposal for a regulation

Article 58 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. The revenue of the Agency shall consist of:

2. The revenue of the Agency shall consist, in particular, of:

Justification

The Agency’s tasks may well change, so there is a need to acknowledge the fact that the Agency’s revenue might also diversify in line with the Agency’s new tasks.

Amendment  135

Proposal for a regulation

Article 58 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c) the fees paid by applicants for, and holders of, certificates and authorisations issued by the Agency in accordance with Articles 12, 16, 17 and 18;

(c) the fees paid by applicants for, and holders of, certificates and authorisations issued by the Agency in accordance with Articles 12, 16, 17 and 18. The delegated act referred to in Article 73 shall set charges at different levels according to the areas of use of certificates and authorisations and type and extent of railway operations;

Justification

The level of charges should be differentiated according to the extent of operations and areas of use specified. A certificate for a small railway line within one single country should not cost the same as a certificate for the whole of Europe.

Amendment  136

Proposal for a regulation

Article 58 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a. Any task or obligation in addition to the tasks stemming from Union legislation and not entailing compensation as laid down in Article 58(2)(b), (c), (d) and (e) shall be subject to an assessment and to compensation from the budget of the Union.

Justification

The Agency will have to cope with marked increase in activity, and will not be able to cope with being given new tasks without receiving the appropriate financial compensation.

Amendment  137

Proposal for a regulation

Article 59 – paragraph 4

Text proposed by the Commission

Amendment

4. On receipt of the Court of Auditors’ observations on the Agency’s provisional accounts, under Article 148 of the general Financial Regulation, the Executive Director shall draw up the Agency’s final accounts under his own responsibility and submit them to the Management Board for an opinion.

4. Based, where necessary, on the Court of Auditors’ observations on the Agency’s provisional accounts, under Article 148 of the general Financial Regulation, the Executive Director shall draw up the Agency’s final accounts under his own responsibility and submit them, together with a statement of assurance, to the Management Board for approval.

Justification

The drawing-up of the accounts and the procedure via which they are approved by the Management Board should not be made conditional on receipt of the Court of Auditors’ observations. The Executive Director must submit the accounts together with a statement of assurance – that he or she has signed – concerning those accounts.

Amendment  138

Proposal for a regulation

Article 61 – paragraph 3

Text proposed by the Commission

Amendment

3. The Agency shall take appropriate administrative measures to organise its services in order to avoid any conflict of interest.

3. The Agency shall take appropriate administrative measures, inter alia through training and prevention strategies, to organise its services in order to avoid conflicts of interest, including relating to post-employment issues such as: 'revolving doors' and 'insider information'..

Amendment  139

Proposal for a regulation

Article 61 – paragraphs 3 a and 3 b (new)

Text proposed by the Commission

Amendment

 

3a. The Agency and its staff shall carry out the tasks defined in this Regulation with the highest degree of professional integrity and the requisite technical competence in the specific field. They shall be free from all pressures and inducements, in particular financial inducements, that might influence their judgement or the results of their work, especially from persons or groups with an interest in the results of this work. The Agency shall have sufficient staff to ensure that the tasks defined in this Regulation are carried out properly.

 

3b. Staff shall have:

 

(a) a thorough technical and professional grounding covering all the Agency’s activities;

 

(b) a satisfactory knowledge of the requirements of the assessments that the Agency carries out and adequate authority to carry out those assessments;

 

(c) appropriate knowledge and understanding of the requirements necessary to formulate the Agency’s decisions;

 

(d) the ability to review opinions delivered and decisions taken by the national safety authorities as well as national regulations.

Justification

Given the Commission’s suggestion relating to the supervision of the skills and integrity of the staff of various bodies as stated in Article 29 of the Interoperability Directive, the same requirements ought to apply to the staff of the Agency.

Amendment  140

Proposal for a regulation

Article 63 – paragraph 1

Text proposed by the Commission

Amendment

The Agency may also make use of Seconded National Experts or other staff not employed by the Agency under the Staff Regulations and the Conditions of Employment of Other Servants.

The Agency shall also make use of Seconded National Experts and, in particular, staff from national safety authorities, or other staff not employed by the Agency under the Staff Regulations and the Conditions of Employment of Other Servants. The Agency shall adopt and implement a policy to evaluate and manage potential conflicts of interest of seconded national experts including prohibiting them from attending working group meetings when their independence and impartiality could be undermined.

Amendment  141

Proposal for a regulation

Article 64 – paragraph 1

Text proposed by the Commission

Amendment

The Protocol on the Privileges and Immunities of the European Union shall apply to the agency and its staff.

The Protocol on the Privileges and Immunities of the European Union shall apply to the agency and its staff without prejudice to judicial and/or extra-judicial proceedings relating to the Agency’s remit.

Justification

Under the Protocol on the Privileges and Immunities of the European Union, the immunity of members of the Agency’s staff may be waived if they fail to perform their duties properly.

Amendment  142

Proposal for a regulation

Article 66 – paragraph -1 (new)

Text proposed by the Commission

Amendment

 

-1. The Agency shall take full responsibility, including accepting contractual and non-contractual liability, for the authorisations and certifications that it issues.

Justification

To clarify that, even if the Agency enters into agreements with national authorities, it retains full responsibility for the decisions it takes.

Amendment  143

Proposal for a regulation

Article 67 – paragraph -1 (new)

Text proposed by the Commission

Amendment

 

-1. Without prejudice to any agreement between the Agency and the applicant with regards to translation requirements, the documents provided by applicants and holders of certificates and authorisations, in accordance with Articles 12, 16, 17 and 18, to notify the Agency and national safety authorities of those certificates and authorisations, shall be translated into all the official Union languages of the countries in which the rolling stock is used and in which the railway company concerned operates. Each translation shall be the authentic text in the country concerned, including for procedures under Article 56. The authorisation and the certificate shall be issued in all the Union languages of the countries concerned.

Amendment  144

Proposal for a regulation

Article 67 – paragraph 1

Text proposed by the Commission

Amendment

1. The provisions laid down in Regulation No 1 of 15 April 1958 determining the languages to be used in the European Economic Community18 shall apply to the Agency.

1. Where Article 67(-1) does not apply, the provisions laid down in Regulation No 1 of 15 April 1958 determining the languages to be used in the European Economic Community18 shall apply to the Agency.

______________

_______________

18 OJ 17, 6.10.1958, p. 385

18 OJ 17, 6.10.1958, p. 385

Amendment  145

Proposal for a regulation

Article 68 – paragraph 1

Text proposed by the Commission

Amendment

1. Without prejudice to Article 40, the Agency shall be open to participation by third countries, in particular by countries within the scope of the European Neighbourhood Policy, the Enlargement policy countries and EFTA countries which have concluded agreements with the Union under which the countries concerned have adopted and are applying Union legislation, or its equivalent national measures, in the field covered by this Regulation.

1. Without prejudice to Article 40, the Agency shall be open to participation by third countries which have concluded agreements with the Union under which the countries concerned have adopted and are applying Union law, or its equivalent national measures, in the field covered by this Regulation. This paragraph shall apply, in particular, to countries within the scope of the European Neighbourhood Policy, Union enlargement policy countries and EFTA countries.

Justification

To clarify that only countries which have adopted and are applying Union legislation or equivalent national measures are eligible.

Amendment  146

Proposal for a regulation

Article 68 a (new)

Text proposed by the Commission

Amendment

 

Article 68 a

 

Conflict of interest

 

1. The Executive Director, as well as officials seconded by Member States and the Commission on a temporary basis shall make a declaration of commitments and a declaration of interests indicating the absence of any direct or indirect interests, which might be considered prejudicial to their independence. These declarations shall be made in writing on their entry into service and shall be renewed in the event of a change in their personal circumstances. Members of the Administration board, the executive board and the board of appeal shall also make these declarations public together with their curricula vitae. The agency shall publish on its website a list of the members of the bodies described in Article 42 as well as external and in-house experts.

 

2. The Administrative Board shall implement a policy to manage and avoid conflicts of interest, which shall at least include:

 

a) principles for managing and verification of the declarations of interest including rules for making them public taking into consideration Article 77;

 

b) compulsory training requirements on conflict of interest for the staff of the Agency and seconded national experts;

 

c) rules on gifts and invitations;

 

d) detailed rules for incompatibilities for staff and members of the Agency once they have ended their employment relation with the Agency;

 

e) rules of transparency on Agency's decisions including the minutes of the Boards of the Agency which shall be made public taking into consideration sensitive, classified and commercial information; and

 

f) sanctions and mechanisms to safeguard the autonomy and independency of the Agency.

 

The Agency shall bear in mind the need to maintain balance between the risks and the benefits, in particular as regards the objective of obtaining the best technical advice and expertise, and the management of conflicts of interest. The Executive Director shall include the information related to implementation of that policy when reporting to the European Parliament and the Council in accordance with this Regulation.

Justification

This amendment gives the legal ground for the Agency to implement a complete set of rules for managing and avoiding conflicts of interest. The governing bodies of the Agency shall be responsible of developing and implementing this policy taking into consideration the particularities of the Agency to get the best technical knowledge as well as sensitive, classified and commercial information that might be involved.

Amendment  147

Proposal for a regulation

Article 69 – title

Text proposed by the Commission

Amendment

Cooperation with national authorities and bodies

Cooperation with national authorities

Justification

It is not clear what 'other competent bodies' refers to. The independence of the Agency may be at risk if it cannot rely on independent organisations or experts.

Amendment  148

Proposal for a regulation

Article 69 – paragraph 1

Text proposed by the Commission

Amendment

1. The Agency may enter into agreements with relevant national authorities, in particular the National Safety Authorities, and other competent bodies, in relation to the implementation of Articles 12, 16, 17 and 18.

1. The Agency may enter into agreements with relevant national authorities, in particular the National Safety Authorities, and other competent bodies, in relation to the implementation of Articles 12, 16, 17 and 18. Such agreements may involve one or more national safety authorities.

Justification

To make clear that the Agency is not limited to agreements with each individual national authority but can reach agreements with groups of such authorities. This may be of particular value when the technical characteristics of the national networks make close cooperation between national authorities desirable.

Amendment  149

Proposal for a regulation

Article 69 – paragraph 2

Text proposed by the Commission

Amendment

2. The agreements may include contracting of some of the tasks of the Agency to the national authorities, such as checking and preparing files, verifying technical compatibility, performing visits and drafting technical studies.

2. The agreements may include delegating tasks and responsibilities of the Agency to the national authorities, such as checking and preparing files, verifying technical compatibility, performing visits and drafting technical studies.

Amendment  150

Proposal for a regulation

Article 69 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a. Conversely, a national safety authority may subcontract to the Agency tasks other than those conferred on it in accordance with Article 20 of Directive ... [Interoperability Directive] and Article 16(2) of Directive ... [Railway Safety Directive].

Justification

The amendment makes subcontracting possible, between the Agency and specific national safety authorities, in respect of tasks other than those conferred on each authority by the directives.

Amendment  151

Proposal for a regulation

Article 69 – paragraph 4

Text proposed by the Commission

Amendment

4. The agreements described in paragraphs 1, 2 and 3 are without prejudice to the overall responsibility of the Agency for performing its tasks as provided for in Articles 12, 16, 17 and 18.

4. The agreements described in paragraphs 1, 2 and 3 shall clearly specify the levels of responsibility of the Agency and the national safety authorities in respect of tasks carried out by each contractual party as stipulated in the agreements. This shall be without prejudice to the overall responsibility of the Agency for performing its tasks as provided for in Articles 12, 16, 17 and 18.

Justification

To avoid any confusion about who will be responsible when national authorities are working on behalf of the Agency.

Amendment  152

Proposal for a regulation

Article 72 – title

Text proposed by the Commission

Amendment

Combating fraud

Combating fraud and monitoring performance

Amendment  153

Proposal for a regulation

Article 72 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a. The European Court of Auditors shall monitor the performance and decision-making of the Agency through audit and inspections.

Amendment  154

Proposal for a regulation

Article 73 – Title

Text proposed by the Commission

Amendment

Delegated acts relating to Articles 12, 16, 17 and 18

Delegated acts relating to Articles 12, 16, 17, 18 and 41

Amendment  155

Proposal for a regulation

Article 73 – paragraph 4

Text proposed by the Commission

Amendment

4. The amount of the fees and charges shall be fixed at such a level as to ensure that the revenue in respect thereof is sufficient to cover the full cost of the services delivered. All expenditures of the Agency attributed to staff involved in activities referred to in paragraph 3, including the employer's pro-rata contribution to the pension scheme, shall be in particular reflected in this cost. Should a significant imbalance resulting from the provision of the services covered by fees and charges become recurrent, the revision of the level of the fees and charges shall become mandatory.

4. The amount of the fees and charges relating to the Agency shall be fixed at such a level as to ensure that the revenue in respect thereof is sufficient to cover the full cost of the services delivered. All expenditures of the Agency attributed to staff involved in activities referred to in paragraph 3, including the employer's pro-rata contribution to the pension scheme, shall be in particular reflected in this cost. Should a significant imbalance resulting from the provision of the services covered by fees and charges become recurrent, the revision of the level of the fees and charges shall become mandatory.

Amendment  156

Proposal for a regulation

Article 73 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

 

4a. The Commission shall also be empowered to adopt delegated acts in accordance with Article 74 concerning standardisation of railway spare parts in application of Article 41.

Amendment  157

Proposal for a regulation

Article 74 – paragraph 2

Text proposed by the Commission

Amendment

2. The delegation of power referred to in Article 73 shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation.

2. The power to adopt delegated acts referred to in Article 73 shall be conferred on the Commission for a period of five years from the date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. Provided the report has been received, the delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Reflecting Parliament's usual position that delegation should not be for an indefinite period and that, to ensure democratic control, the Commission should report on how it has used its powers before an extension is granted.

Amendment  158

Proposal for a regulation

Article 76 – paragraph 1

Text proposed by the Commission

Amendment

1. No later than five years after the entry into force of this Regulation and every five years thereafter, the Commission shall commission an evaluation to assess, in particular, the impact, effectiveness and efficiency of the Agency and its working practices. The evaluation shall address, in particular, any need to amend the mandate of the Agency, and the financial implications of any such amendment.

1. No later than five years after the entry into force of this Regulation and every five years thereafter, the Commission shall commission an evaluation to assess, in particular, the impact, effectiveness and efficiency of the Agency and its working practices. The evaluation shall take account of the views of the representatives of the railway sector, of the social partners and of consumer organisations. The evaluation shall address, in particular, any need to amend the mandate of the Agency, and the financial implications of any such amendment.

Justification

This amendment requires the Commission to canvass the views of the representatives of the railway sector, of the social partners and of consumer organisations in order to carry out an impact assessment concerning the Agency's efficiency and effectiveness, with a view to producing a comprehensive analysis and thus enhancing the Agency's mandate.

Amendment  159

Proposal for a regulation

Article 77 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a. The Agency shall undertake the certification and authorisation tasks pursuant to Articles 12, 16, 17 and 18 within one year following the entry into force of this Regulation. Until then, Member States shall continue to apply their national legislation.

Justification

A transitional period needs to be laid down so that the Agency can prepare for its new tasks.

Amendment  160

Proposal for a regulation

Article 77 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

 

3b. For an additional period of three years after the one-year period laid down in Article 77(3a), applicants may apply either to the Agency or the national safety authority. During this period, national safety authorities may continue to issue certificates and authorisations by way of derogation from Articles 12, 16, 17 and 18, in accordance with Directives 2008/57 and 2004/49.

Amendment  161

Proposal for a regulation

Article 77 – paragraph 3 c (new)

Text proposed by the Commission

Amendment

 

3c. In the cases referred to in Article 10(2a) of Directive … [the Safety Directive] and Article 20 (9a) of Directive... [Interoperability Directive] the national safety authorities may continue to issue certificates and authorisations after the period referred in paragraph 3b of this Article, under the conditions stipulated in those Articles.

(1)

OJ C 327 of 12.11.2013, p. 122

(2)

OJ C 356 of 5.12.2013, p. 92


EXPLANATORY STATEMENT

1. Background

In the last decade, the EU railway market has witnessed profound changes, gradually introduced by three legislative ‘railway packages’ aimed at opening up national markets and making railways more competitive and interoperable at the EU level, while, at the same time, maintaining a high level of safety. However, the modal share of rail in intra-EU transport has remained modest. Despite these three legislative packages, the European railway sector still faces problems such as barriers to competition, discrimination and the lack of a liberalised, dynamic and business-friendly environment. Today, too many different national rules exist, with procedures and standards that lack transparency.

The 4th Railway package

It is worth underlining that, already in 2004 when the creation of an integrated European railway area was intensified with the adoption of the 2nd railway package, it was recognised that there was a need for more harmonised safety rules and improved technical compatibility of infrastructure, rolling stock, signalling and other parts of the rail system, as well as simpler procedures for approving rolling stock for use across the European rail network.

In order to move forward with the measures that are necessary to improve the performance and competitiveness of the railway sector and thus to enhance the quality and efficiency of rail services, the Commission has put forward the 4th railway package.

The proposal for a Regulation on the European Railway Agency (ERA), along with the proposal to recast Directive 2004/49/EC on rail safety and the proposal to recast Directive 2008/57/EC (interoperability) forms the technical part of the 4th package which focuses on the removal of the remaining administrative and technical barriers such as fragmentation and discrimination, and leads to more harmonised rules by:

•   establishing a common approach to safety and interoperability rules to increase economies of scale for railway undertakings active across the EU;

•   decreasing administrative costs;

•   accelerating administrative procedures, as well as avoiding disguised discrimination;

•   giving new tasks to the European Railways Agency.

This will contribute to creating a shared rail system, managed by many actors, comparable to the systems for road and air transport. Each actor would be responsible for ensuring that their part of the system meets the essential requirements (including technical compatibility, reliability and accessibility) and for the safety of what they do. Management of safety would be achieved by assessing and controlling risks. Rules would be introduced where risk can best be controlled by everyone doing the same thing. Otherwise risks would be managed within individual companies' safety management systems.

European Railway Agency

Seven years after its establishment, ERA is now fully operational and plays an important role in harmonising national safety and interoperability requirements and progressively replacing them with common technical specifications and common safety targets and methods.

In order to improve the current highly decentralised system, in which the functions of individual actors are sometimes unclear, and to ensure a European dimension for rail services, the Commission has proposed that ERA would receive a number of additional tasks of an executive nature. It would issue a number of authorisations and certifications currently issued by NSAs (National Safety Authorities), but would not replace NSAs. ERA would continue to rely on NSA staff and competences to carry out some of the relevant activities within Member States; such activities would be carried out upon request of the Agency and under its direction and supervision.

2. The rapporteur's remarks and proposals

For all the reasons mentioned above, and, in particular, to create a more competitive, dynamic and business-friendly railway market, the existing legislation needs to be revised.

Your rapporteur considers that an improved, more centralised system of authorisations and certifications must bring benefit to everyone and that all stakeholders should gain from it. The system needs to ensure better business conditions and opportunities for competition for all market players and thus provide better quality, less costly services for end users, whether involving cargo or passengers.

If railway companies are to be able to provide carriage freely throughout Europe, they should be offered efficient and client-friendly authorisation and certification procedures by the ERA acting as a one-stop-shop.

However, although these more harmonised EU-level procedures to be performed by ERA are intended to reduce red tape and costs for railway undertakings, as well as helping new market entrants, we need to ensure that they do not create opposing negative effects. Whilst the safety and interoperability of European railways need to be maximised with new EU-wide procedures, it is also important to ensure a competitive and business-friendly environment for actors in all parts of the market, be it national or cross-border.

According to the Commission's Impact Assessment, charges and the time taken for certification and authorisation procedures performed by national safety authorities currently vary widely across the EU. For safety certificates, the fees paid by applicants range from zero to €70 000 while the procedures can last from anything between a few weeks and several years.

For the EU-wide procedures, charges will obviously be fixed somewhere around the average of what are currently the least and most expensive systems. Those undertakings that now pay the highest costs and go through lengthy procedures will clearly benefit, while those undertakings (operating in one Member State) currently paying less and going through procedures taking only a few weeks will not see much improvement but rather be disadvantaged.

Therefore, particularly for railway undertakings in peripheral Member States, but also for others who intend to operate in only one Member State, it should be possible to get a safety certificate and authorisation for vehicles from either ERA or the appropriate national safety authority.

Your rapporteur stresses that the 4th railway package should take into account the specific situation of the rail networks with track gauge that differs for the standard 1435 mm Union gauge, and, in particular, the Baltic States and Finland. These countries are actually very well-integrated within the wide 1520 mm gauge network which covers Russia and CIS countries, but are isolated from the main EU rail network. Also here, because of certain technical specificities and different market conditions, applicants shall be given a choice to apply for certification and authorisation either to the Agency or to the national safety authority.

As the rolling stock (mainly freight wagons) operated on this network in shared use with third countries is registered in a data base kept in Moscow by a company subject to private law, different authorisation procedures shall be foreseen for these wagons. Your rapporteur considers that this situation and these authorisation procedures should be governed by EU and Member States' national law. Closer cooperation between the NSAs of Member States of these networks should be facilitated.

Proposed amendments

Your rapporteur would like to propose a number of amendments:

(1) Give the applicant a choice for vehicle authorisation and safety certification

The new system should ensure that the procedures are for the benefit of all rail market actors. While Europe-wide certificates and authorisations would be valuable for operators seeking to run cross-border services, those operating in a more limited area and, in particular, in one Member State should be able to apply either to the Agency (if they see an advantage) or to the national safety authority. Applicants may judge where it would be more cost-effective and rapid to apply for certification and authorisation.

Leaving relevant authorisation and certification tasks both for ERA and NSAs, would give better possibilities for these institutions to co-operate, being in an equal position to provide efficient services for all the railway market players.

The appropriate detailed arrangements for the vehicle authorisation and safety certification procedures would need to be set out in the proposals for Interoperability and Safety Directives. Amendments to these proposals should ensure that authorisations granted by NSAs would meet the same high safety standards as those from ERA.

In addition, the Agency should be responsible for authorising elements of the European Rail Traffic Management System (ERTMS) so as to ensure a single European system rather than a multitude of national ones.

(2) Responsibility and liability of the Agency

Your rapporteur considers that the text on the Agency's responsibility and liability should be clarified, as Agency shall take full responsibility, including contractual and non-contractual liability, for its decisions on authorisations and certifications.

To take account of previous experience, the text should clearly stipulate that in the event of a judicial inquiry in which the Agency or any member or members of its staff are requested to appear, the Agency should cooperate fully with the responsible authorities of the Member States concerned.

In addition, agreements between the ERA and the NSAs should clearly specify the responsibilities of the Agency and the NSAs in regards to tasks performed by each of contractual parties.

(3) Use of languages

Although the proposal states that Regulation No 1 of 15 April 1958 determining the languages to be used by the EEC shall apply to work of the Agency, your rapporteur considers that it should be more clearly stipulated that it will be possible for the applicant to communicate with the Agency in the language of his choice provided it is one of the official languages of the Union. Replies from the Agency should be in the same language as that used by the applicant.

(4) Promotion of reciprocal access to the rail markets of third countries

Railway undertakings operating on the 1520 mm gauge network which covers Russia and CIS countries compete for freight carriages mainly in the East-West direction, but this is obviously unequal competition as reciprocal market access with Russia has not been established and there are a variety of restrictions on EU rolling stock entering Russian territory.

This unfair competition and market access situation should be tackled at the EU level in the future, with a view to achieve EU undertakings’ reciprocal access to third country markets.

As ERA cooperates with third countries, it should, as far as its competences and expertise allow, facilitate EU railway undertakings' reciprocal access to the rail markets of third countries.


OPINION of the Committee on Budgets (18.10.2013)

for the Committee on Transport and Tourism

on the proposal for a regulation of the European Parliament and of the Council on the European Union Agency for Railways and repealing Regulation (EC) No 881/2004

(COM(2013)0027 – C7-0029/2013 – 2013/0014(COD))

Rapporteur: Jutta Haug

SHORT JUSTIFICATION

As part of the Fourth Railway Package, the European Commission has proposed a new Regulation on the European Union Agency for Railways (ERA) and to repeal the existing Regulation (EC) No 881/2004.

The proposed Regulation provides for additional tasks for the Agency, brings it in line with the Common Approach on decentralised Agencies, updates provisions to the evolution of the broader legislative and political framework and aims at clarifying and simplifying existing provisions.

As the proposed Regulation has to be seen in the context of the entire Fourth Railway Package, the legislative procedures on the other parts of the Package might still have repercussions on the tasks of the agency and the necessary financial and human resources needed to fulfil these tasks. The Commission is therefore requested to submit at the end of negotiations of the entire Fourth Railway Package a revised financial statement for ERA if needed.

The legislative financial statement annexed to the draft regulation is already in line with the Commission Communication "Programming of human and financial resources for decentralised agencies 2014-2020" (COM(2013) 519), adopted on 10 July 2013, in financial terms.

With regard to establishment plan posts however, there is a discrepancy between the two documents: The draft regulation states that staffing will be at 151 establishment posts by 2020 and explains that a "2% taxation by 2017" has been applied. This is in line with the Commission's approach to reduce posts by 1% over 5 years (like for all other institutions and bodies) plus another 1% to be contributed to a "redeployment pool". Even though that principle is also the basis for the Communication, the number of posts in 2020 is reduced in said Communication to 148, so another 2% cut.

Your Rapporteur underlines that the Commission's concept of creating a redeployment pool is not acceptable as agencies cannot be considered as a single pool of expenditure where the increase for one goes to the detriment of another. The 2% reduction for ERA will make it therefore difficult to fulfil its new tasks, even if new posts are then added again.

It is reminded that the draft regulation states a need of 70 persons for the new tasks. 43 of those shall be newly recruited and 27 shall be redeployed internally. It is more than dubious how an agency with 143 establishment plan posts shall redeploy 27 of them (19%) and reduce the existing posts by another 10% (2% levy over 5 years) while at the same time continuing to manage the tasks it had so far.

Finally, your Rapporteur questions the Commission's approach on staff reduction with regard to posts that are fully financed by fees. There is an urgent need to differentiate between posts that are financed from the EU budget (and which shall be reduced by 5% over 5 years) and posts financed by fees from industry, where reductions should not be applied as these posts are a service in return of fees paid for the issuing of authorisations.

AMENDMENTS

The Committee on Budgets calls on the Committee on Transport and Tourism, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1

Draft legislative resolution

Paragraph 1 a (new)

Draft legislative resolution

Amendment

 

1a. Requests that the Commission present a financial statement which fully takes into account the result of the legislative agreement between the European Parliament and the Council on all pieces of legislation within the Fourth Railway Package to meet the budgetary and staff requirements of ERA and possibly of the Commission services;

Amendment  2

Draft legislative resolution

Paragraph 1 b (new)

Draft legislative resolution

Amendment

 

1b. Emphasises that any decision of the legislative authority on the draft regulation shall be without prejudice to the decisions of the budgetary authority in the context of the annual budgetary procedure;

Amendment  3

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(14) Competent national authorities have been normally charging for issuing vehicle authorisations and safety certificates. With the transfer competence to the Union level, the Agency should be entitled to charge the applicants for issuing the certificates and authorisations mentioned in the preceding recitals. The level of those charges should be equal to or lower than the current average in the Union and should be determined in a delegated act to be adopted by the Commission.

(14) Competent national authorities have been normally charging for issuing vehicle authorisations and safety certificates. With the transfer competence to the Union level, the Agency should be entitled to charge the applicants for issuing the certificates and authorisations mentioned in the preceding recitals. The level of those charges should be equal to or lower than the current average in the Union and should be determined in a delegated act to be adopted by the Commission. Establishment plan posts financed by those charges should not be subject to the staff reductions foreseen for all Union institutions and bodies.

Amendment  4

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

(35) Over the past years, as more decentralised agencies have been created, the budgetary authority has looked to improve transparency and control over the management of the Union funding allocated to them, in particular concerning the budgetisation of fees, financial control, power of discharge, pension scheme contributions and the internal budgetary procedure (code of conduct). In a similar way, Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) should apply without restriction to the Agency, which should accede to the Interinstitutional Agreement of 25 May 1999 between the European Parliament, the Council of the European Union and the Commission of the European Communities concerning internal investigations by the European Anti-Fraud Office.

(35) Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) should apply without restriction to the Agency, which should accede to the Interinstitutional Agreement of 25 May 1999 between the European Parliament, the Council of the European Union and the Commission of the European Communities concerning internal investigations by the European Anti-Fraud Office.

Amendment  5

Proposal for a regulation

Article 43 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

1. The Management Board shall be composed of one representative from each Member State and four representatives of the Commission, all with a right to vote.

1. The Management Board shall be composed of one representative from each Member State and two representatives of the Commission, all with a right to vote.

PROCEDURE

Title

European Union Agency for Railways and repeal of Regulation (EC) No 881/2004

References

COM(2013)0027 – C7-0029/2013 – 2013/0014(COD)

Committee responsible

       Date announced in plenary

TRAN

7.2.2013

 

 

 

Opinion by

       Date announced in plenary

BUDG

7.2.2013

Rapporteur

       Date appointed

Jutta Haug

20.2.2013

Date adopted

17.10.2013

 

 

 

Result of final vote

+:

–:

0:

20

1

0

Members present for the final vote

Zuzana Brzobohatá, José Manuel Fernandes, Eider Gardiazábal Rubial, Lucas Hartong, Jutta Haug, Anne E. Jensen, Ivailo Kalfin, Sergej Kozlík, Jan Kozłowski, Alain Lamassoure, Giovanni La Via, Jan Mulder, Vojtěch Mynář, Juan Andrés Naranjo Escobar, Nadezhda Neynsky, Andrej Plenković, Alda Sousa, Oleg Valjalo

Substitute(s) present for the final vote

Maria Da Graça Carvalho, Paul Rübig, Georgios Stavrakakis


OPINION of the Committee on Budgetary Control (7.11.2013)

for the Committee on Transport and Tourism

on the proposal for a regulation of the European Parliament and of the Council on the European Union Agency for Railways and repealing Regulation (EC) No 881/2004

(COM(2013)0027 – C7-0029/2013 – 2013/0014(COD))

Rapporteur: Bogusław Liberadzki

SHORT JUSTIFICATION

The progressive establishment of a European railway area without frontiers requires Union action in the field of the technical regulations applicable to railways with regard to the technical aspects (interoperability) and the safety aspects, the two being inextricably linked and both requiring higher level of harmonisation at the Union level and the need for a European authority to ease this process.

Nowadays the National Safety Authorities (NSA) are in charge of the procedures for placing in service any part of the railway system such as vehicles, infrastructure and energy components or signalling systems. For cross-border operations, a vehicle needs to be authorised in each Members State it is intended to be operated in. NSAs are also in charge of issuing to railway undertakings the safety certificate’s part A valid throughout the Union and part B valid for one specific Member state. The applicant has to prove that he is using an appropriate safety management system (SMS). The certificate confirms that a RU is capable to operate safely on a dedicated network. The various authorisation and certification procedures in the Members States are long-lasting and hamper the free and competitive movement of passengers and goods across the Union.

The European Railway Agency acting in future as the single railway authority and one-stop-shop in the European Union for issuing vehicle authorisation, safety certifications / authorisations and the placing in service of trackside ERTMS will be the most promising way to achieve the key objectives of the European transport policy. Other tasks shall also be conducted by a European railway authority, such as the classification of national rules and systematic supervision on existing or draft new national rules, the establishment and maintenance of European registers or standardisation recommendations. With the European Railway Agency acting as the single railway authority, an independent appeal body following fair and transparent processes needs to be furthermore established. In order to make the improvement of the system really efficient, the Agency’s competences shall be increased rapidly with a sound and reasonable transition period.

AMENDMENTS

The Committee on Budgetary Control calls on the Committee on Transport and Tourism, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6) In pursuing its objectives, the Agency should take full account of the process of enlargement of the Union and of the specific constraints relating to rail links with third countries. The Agency should have sole responsibility for the functions and powers assigned to it.

(6) In pursuing its objectives, the Agency should take full account of the process of enlargement of the Union and of the specific constraints relating to rail links with third countries.

Amendment  2

Proposal for a regulation

Recital 6 a (new)

Text proposed by the Commission

Amendment

 

(6 a) The Agency should have sole responsibility for the functions and powers assigned to it.

Amendment  3

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7) The Agency, while performing its tasks, and particularly in relation to drafting recommendations, should take upmost account of external railway expertise. This expertise should predominantly consist of professionals from the railway sector and the relevant national authorities. They should form competent and representative working parties of the Agency.

(7) The Agency, while performing its tasks, and particularly in relation to drafting recommendations, should take upmost account of external railway expertise. This expertise should predominantly consist of professionals from the railway sector and the relevant national authorities. They should form competent and representative working parties of the Agency. The Agency should bear in mind the need to maintain balance between the risks and the benefits, in particular as regards the management of conflicts of interest, on the one hand, and the objective of obtaining the best possible expertise, on the other.

Amendment  4

Proposal for a regulation

Recital 35 a (new)

Text proposed by the Commission

Amendment

 

(35a) In order to ensure efficient use of the Union funding and effective operation of the Agency, it should be based at a single location which enables minimising the travel time and travel costs for staff from the NSA's and stakeholders from the railway sector, as well as facilitates attraction of qualified staff.

Amendment  5

Proposal for a regulation

Article 2 – title

Text proposed by the Commission

Amendment

Legal status

Legal status and location

Amendment  6

Proposal for a regulation

Article 2 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a. The Agency shall be based at a central location enabling to keep the travel time and travel costs for staff from the NSAs and stakeholders from the railway sector as low as possible. The Agency shall be based at a location which attracts qualified staff.

Amendment  7

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission

Amendment

1. The Agency shall issue opinions at request of the national regulatory bodies referred to in Article 55 of Directive 2012/34/EU [Directive establishing a Single European Rail Area (recast)] concerning safety-related and interoperability-related aspects of matters drawn to their attention.

1. The Agency shall issue opinions at request either of the national regulatory bodies referred to in Article 55 of Directive 2012/34/EU [Directive establishing a Single European Rail Area (recast)], or of a member of the network of representative bodies from the railway sector referred to in Article 34(2)of this Regulation, concerning safety-related and interoperability-related aspects of matters drawn to their attention.

Amendment  8

Proposal for a regulation

Article 12 – paragraph 1

Text proposed by the Commission

Amendment

The Agency shall issue single safety certificates in accordance with Articles 10 and 11 of Directive … [the Safety Directive].

The Agency shall issue, renew, suspend, amend or revoke single safety certificates in accordance with Articles 10 and 11 of Directive … [the Safety Directive].

Amendment  9

Proposal for a regulation

Article 15 – paragraph 1 – point g a (new)

Text proposed by the Commission

Amendment

 

(ga) issue recommendations to the Commission on European standards to be developed by the relevant European Standardisation Bodies.

Amendment  10

Proposal for a regulation

Article 15 – paragraph 1 – point g b (new)

Text proposed by the Commission

Amendment

 

(g b) issue detailed requests for standards to the relevant European Standardisation Bodies (ESB), in order to implement the mandate given by the Commission to them, related to rail.

Amendment  11

Proposal for a regulation

Article 18 – title

Text proposed by the Commission

Amendment

Authorisations for placing in service of trackside control-command and signalling sub-systems

Authorisations for placing in service of trackside ERTMS

Amendment  12

Proposal for a regulation

Article 18 – paragraph 1

Text proposed by the Commission

Amendment

The Agency shall issue authorisations for placing in service of the trackside control-command and signalling subsystems located or operated in the entire Union in accordance with Article 18 of Directive … [the Interoperability Directive].

The Agency shall issue authorisations for placing in service of the trackside ERTMS located or operated in the entire Union in accordance with Article 18 of Directive … [the Interoperability Directive].

Amendment  13

Proposal for a regulation

Article 21 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

 

4a. In the case of the urgent preventive measures referred to in Article 8 of the Safety Directive and Article 14(4) of the Interoperability Directive, concerning several Member States, in particular after an accident or an incident, the Agency shall lead the harmonisation of the rule at Union level, in relation with the NSAs. If necessary, the Agency shall issue a recommendation or an opinion to the Commission.

Amendment  14

Proposal for a regulation

Article 33 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. The Agency shall set up and keep European registers provided for in Article 43, 44 and 45 of Directive [Interoperability Directive]. The Agency shall act as the system authority for all registers and databases referred to in the Safety, Interoperability and Train Drivers Directives. This shall include, in particular:

1. The Agency shall define European registers provided for in Articles 43, 44 and 45 of Directive ... [Interoperability Directive] in a practical, efficient and user-friendly format to support business and operational needs. The Agency shall act as the system authority for all registers and databases referred to in the Safety, Interoperability and Train Drivers Directives. This shall include, in particular:

Amendment  15

Proposal for a regulation

Article 33 – paragraph 2 – point g

Text proposed by the Commission

Amendment

(g) the vehicle registers, including via links to relevant national registers;

(g) the European register of authorised vehicles, including via links to relevant national registers;

Amendment  16

Proposal for a regulation

Article 47 – paragraph 1 – point l

Text proposed by the Commission

Amendment

(l) adopt an anti-fraud strategy, which is proportionate to the fraud risks having regard to cost-benefit of the measures to be implemented;

(l) adopt an anti-fraud and transparency strategy, which is proportionate to the fraud risks having regard to cost-benefit of the measures to be implemented;

Amendment  17

Proposal for a regulation

Article 47 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

The Management Board shall adopt, in accordance with the procedure provided for in Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and on Article 6 of the Conditions of Employment of Other Servants delegating the relevant appointing authority powers to the Executive Director and defining the conditions under which this delegation of powers can be suspended. The Executive Director is authorised to sub-delegate these powers.

The Management Board shall adopt, in accordance with the procedure provided for in Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and on Article 6 of the Conditions of Employment of Other Servants delegating the relevant appointing authority powers to the Executive Director and defining the conditions under which this delegation of powers can be suspended. The Executive Director is authorised to sub-delegate these powers. This shall not affect his or her liability. The Executive Director shall inform the Management Board of such delegations and sub-delegations.

Amendment  18

Proposal for a regulation

Article 47 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

In application of the previous subparagraph, where exceptional circumstances so require, the Management Board may, by way of a decision, suspend temporarily the delegation of appointing authority powers to the Executive Director and those sub-delegated by the latter and exercise them itself or delegate them to one of its members or to a staff member other than the Executive Director.

In application of the previous subparagraph, where exceptional circumstances so require, the Management Board may, by way of a decision, suspend temporarily the delegation of appointing authority powers to the Executive Director and those sub-delegated by the latter and exercise them itself or delegate them to one of its members or to a staff member other than the Executive Director. The delegatee shall inform the Management Board of such a delegation.

Amendment  19

Proposal for a regulation

Article 50 – paragraph 1

Text proposed by the Commission

Amendment

1. The Agency shall be managed by its Executive Director, who shall be completely independent in the performance of his/her duties. The Executive Director shall be accountable to the Management Board for his/her activities.

1. The Agency shall be managed by its Executive Director, who shall be completely independent in the performance of his/her duties. The Executive Director shall be accountable to the Management Board for his/her activities. Prior to his appointment, the Executive Director should be invited to make a statement and engage in a debate with Members of the European Parliament.

Amendment  20

Proposal for a regulation

Article 51 – paragraph 1

Text proposed by the Commission

Amendment

1. The Agency shall establish one or more Boards of Appeal.

1. The Agency shall establish one or more independent Boards of Appeal.

Amendment  21

Proposal for a regulation

Article 55 – paragraph 1

Text proposed by the Commission

Amendment

1. Any natural or legal person may appeal against a decision addressed to that person by the Agency pursuant to Articles 12, 16, 17 and 18.

1. Any natural or legal person, or a member of the network of representative bodies from the railway sector referred to in Article 34(2), may appeal against any decision addressed to them by the Agency pursuant to Articles 12, 16, 17 or 18.

Amendment  22

Proposal for a regulation

Article 56 – paragraph 1

Text proposed by the Commission

Amendment

1. When examining the appeal, the Board of Appeal shall act expeditiously. It shall, as often as necessary, invite the parties to the appeal proceedings to file, within specified time limits, observations on its notifications or on communications from other parties to the appeal proceedings. Parties to the appeal proceedings shall be entitled to make oral presentations.

1. When examining the appeal, the Board of Appeal shall decide within two months from receipt of all relevant information. The Board of Appeal may request this relevant information within one month. It shall, as often as necessary, invite the parties to the appeal proceedings to file, within specified time limits, observations on its notifications or on communications from other parties to the appeal proceedings. Parties to the appeal proceedings shall be entitled to make oral presentations.

Amendment  23

Proposal for a regulation

Article 59 – paragraph 4

Text proposed by the Commission

Amendment

4. On receipt of the Court of Auditors’ observations on the Agency’s provisional accounts, under Article 148 of the general Financial Regulation, the Executive Director shall draw up the Agency’s final accounts under his own responsibility and submit them to the Management Board for an opinion.

4. Based, where necessary, on the Court of Auditors’ observations on the Agency’s provisional accounts, under Article 148 of the general Financial Regulation, the Executive Director shall draw up the Agency’s final accounts under his own responsibility and submit them, together with a statement of assurance, to the Management Board for approval.

Justification

The drawing-up of the accounts and the procedure via which they are approved by the Management Board should not be made conditional on receipt of the Court of Auditors’ observations. The Executive Director must submit the accounts together with a statement of assurance – that he or she has signed – concerning those accounts.

Amendment  24

Proposal for a regulation

Article 61 – paragraph 3

Text proposed by the Commission

Amendment

3. The Agency shall take appropriate administrative measures to organise its services in order to avoid any conflict of interest.

3. The Agency shall take appropriate administrative measures, inter alia through training and prevention strategies, to organise its services in order to avoid conflicts of interest, including relating to post-employment issues (i. e., 'revolving doors', 'insider information', etc.).

Amendment  25

Proposal for a regulation

Article 63 – paragraph 2

Text proposed by the Commission

Amendment

The Management Board shall adopt a decision laying down rules on the secondment to the Agency of national experts.

The Management Board shall adopt a decision laying down rules on the secondment to the Agency of national experts and shall adopt and implement a policy to evaluate and manage potential conflicts of interest of seconded national experts including prohibiting them from attending working group meetings when their independence and impartiality could be undermined.

Amendment  26

Proposal for a regulation

Article 65 – paragraph 2

Text proposed by the Commission

Amendment

2. The host Member State shall provide the best possible conditions to ensure the proper functioning of the Agency, including multilingual, European-oriented schooling and appropriate transport connections.

2. The host Member State shall provide the best possible conditions to ensure the proper functioning of the Agency, including multilingual, European-oriented schooling and appropriate transport connections, taking in consideration the travel time and costs for staff from the NSA's and stakeholders.

Amendment  27

Proposal for a regulation

Article 70 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

In particular, the Agency shall publish on its website a list of the members of its Management Board and of its external and in-house experts, together with their respective declarations of interest and curricula vitae. The minutes of the meetings of the Management Board shall be systematically published.

Amendment  28

Proposal for a regulation

Article 72 a (new)

Text proposed by the Commission

Amendment

 

Article 72 a

 

Conflict of interest

 

1.The Executive Director, as well as officials seconded by Member States and the Commission on a temporary basis shall make a declaration of commitments and a declaration of interests indicating the absence of any direct or indirect interests, which might be considered prejudicial to their independence. These declarations shall be made in writing on their entry into service and shall be renewed in the event of a change in their personal circumstances. Members of the Administration board, the executive board and the board of appeal shall also make these declarations which shall be public together with their curricula vitae. The agency shall publish on its website a list of its the members of the bodies described in article 42 as well as external and in-house experts.

 

2. The Administrative Board shall implement a policy to manage and avoid conflicts of interest, which shall at least include:

 

a) principles for managing and verification of the declarations of interest including rules for making them public taking into consideration Article 77;

 

b) compulsory training requirements on conflict of interest for the staff of the Agency and seconded national experts;

 

c) rules on gifts and invitations;

 

d) detailed rules for incompatibilities for staff and members of the Agency once they have ended their employment relation with the Agency;

 

e) rules of transparency on Agency's decisions including the minutes of the Boards of the Agency which shall be made public taking into consideration sensitive, classified and commercial information; and

 

f) sanctions and mechanisms to safeguard the autonomy and independency of the Agency.

 

The Agency shall bear in mind the need to maintain balance between the risks and the benefits, in particular as regards the objective of obtaining the best technical advice and expertise, and the management of conflicts of interest. The Executive Director shall include the information related to implementation of that policy when reporting to the European Parliament and the Council in accordance with this Regulation.

Justification

This amendment gives the legal ground for the Agency to implement a complete set of rules for managing and avoiding conflicts of interest. The governing bodies of the Agency shall be responsible of developing and implementing this policy taking into consideration the particularities of the Agency to get the best technical knowledge as well as sensitive, classified and commercial information that might be involved.

Amendment  29

Proposal for a regulation

Article 72 b (new)

Text proposed by the Commission

Amendment

 

Article 72b

 

Penalties

 

The Commission shall adopt, by means of a delegated act, a system of penalties for failure to comply with the deadlines set in all the decisions adopted by the Agency pursuant to this Regulation. It shall also establish a compensation scheme for cases where the Board of Appeal provided for in the Agency Regulation finds in favour of the addressee of an Agency decision. The penalties and the compensation scheme shall be effective, proportionate, non-discriminatory and dissuasive.

PROCEDURE

Title

European Union Agency for Railways and repeal of Regulation (EC) No 881/2004

References

COM(2013)0027 – C7-0029/2013 – 2013/0014(COD)

Committee responsible

       Date announced in plenary

TRAN

7.2.2013

 

 

 

Opinion by

       Date announced in plenary

CONT

7.2.2013

Rapporteur

       Date appointed

Bogusław Liberadzki

10.4.2013

Date adopted

4.11.2013

 

 

 

Result of final vote

+:

–:

0:

14

1

0

Members present for the final vote

Marta Andreasen, Jean-Pierre Audy, Inés Ayala Sender, Martin Ehrenhauser, Gerben-Jan Gerbrandy, Ingeborg Gräßle, Cătălin Sorin Ivan, Bogusław Liberadzki, Jan Mulder, Crescenzio Rivellini, Paul Rübig, Bogusław Sonik, Bart Staes, Michael Theurer

Substitute(s) present for the final vote

Karin Kadenbach

Substitute(s) under Rule 187(2) present for the final vote

Andrej Plenković


PROCEDURE

Title

European Union Agency for Railways and repeal of Regulation (EC) No 881/2004

References

COM(2013)0027 – C7-0029/2013 – 2013/0014(COD)

Date submitted to Parliament

30.1.2013

 

 

 

Committee responsible

       Date announced in plenary

TRAN

7.2.2013

 

 

 

Committee(s) asked for opinion(s)

       Date announced in plenary

BUDG

7.2.2013

CONT

7.2.2013

ITRE

7.2.2013

JURI

7.2.2013

Not delivering opinions

       Date of decision

ITRE

20.2.2013

JURI

20.2.2013

 

 

Rapporteur(s)

       Date appointed

Roberts Zīle

4.3.2013

 

 

 

Discussed in committee

9.7.2013

14.10.2013

 

 

Date adopted

17.12.2013

 

 

 

Result of final vote

+:

–:

0:

38

5

0

Members present for the final vote

Inés Ayala Sender, Georges Bach, Erik Bánki, Izaskun Bilbao Barandica, Antonio Cancian, Michael Cramer, Joseph Cuschieri, Philippe De Backer, Luis de Grandes Pascual, Christine De Veyrac, Saïd El Khadraoui, Ismail Ertug, Carlo Fidanza, Knut Fleckenstein, Jacqueline Foster, Franco Frigo, Mathieu Grosch, Jim Higgins, Juozas Imbrasas, Dieter-Lebrecht Koch, Georgios Koumoutsakos, Werner Kuhn, Bogusław Liberadzki, Marian-Jean Marinescu, Mike Nattrass, Dominique Riquet, Petri Sarvamaa, Vilja Savisaar-Toomast, Olga Sehnalová, Brian Simpson, Giommaria Uggias, Peter van Dalen, Patricia van der Kammen, Roberts Zīle

Substitute(s) present for the final vote

Phil Bennion, Jean-Jacob Bicep, Spyros Danellis, Zita Gurmai, Alfreds Rubiks, Geoffrey Van Orden, Sabine Wils, Karim Zéribi

Substitute(s) under Rule 187(2) present for the final vote

Mario Pirillo

Date tabled

9.1.2014

Last updated: 13 February 2014Legal notice