RECOMMENDATION FOR SECOND READING on the Council common position for adopting a regulation of the European Parliament and of the Council amending Regulation (EC) No 881/2004 establishing a European Railway Agency (Agency Regulation)

3.6.2008 - (16138/3/2007 – C6‑0131/2008 – 2006/0274(COD)) - ***II

Committee on Transport and Tourism
Rapporteur: Paolo Costa

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the Council common position for adopting a regulation of the European Parliament and of the Council on Regulation (EC) No 881/2004 establishing a European Railway Agency (Agency Regulation)

(16138/3/2007 – C6‑0131/2008 – 2006/0274(COD))

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (16138/3/2007 – C6‑0131/2008),

–   having regard to its position at first reading[1] on the Commission proposal to Parliament and the Council (COM(2006)0785),

–   having regard to Article 251(2) of the EC Treaty,

–   having regard to Rule 62 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on Transport and Tourism (A6‑0210/2008),

1.  Approves the common position as amended;

2.  Instructs its President to forward its position to the Council and Commission.

Amendment  1 Council common position – amending act Recital 9 a (new)
Council common position	Amendment
	(9a) The Agency plays a leading role for the future deployment of the ERTMS in the whole rail system within the Community by 2020. To this aim, coherence of timing between national migration plans has to be ensured by making the gradual installation of the ERTMS on the Trans-European Transport network (TEN-T) mandatory and linking the granting of EU funds to the obligatory condition of use of ERTMS.
Justification
To clarify the actions which should be taken at EU level to ensure the efficiency of the Agency role in relation to ERTMS.
Amendment  2 Council common position – amending act Recital 10 a (new)
Council common position	Amendment
	(10a) In order to promote interoperability, the Agency should help to lay down the definitive version of ERTMS 2.3.0 for a given period, thus enabling railway undertakings which have invested in interoperable rolling stock to secure an adequate return on their investment. The version 2.3.0 should include harmonised specifications for tests and certification schemes. It should also be such as to ensure that any additional specifications requested by a national safety authority will not prevent the movement of rolling stock fitted with the ERTMS.
Justification
This amendment relating to the ERTMS takes into account the new elements which the Council has incorporated into its common position.
Amendment  3 Council common position – amending act Recital 10 b (new)
Council common position	Amendment
	(10b) In order to promote interoperability, the Agency should support the adaptation towards the version of ERTMS 2.3.0 of any version of ERTMS installed prior to version 2.3.0.
Justification
It is necessary that all versions of ERTMS elaborated and installed prior to version 2.3.0 shall be compatible with it.
Amendment  4 Council common position – amending act Article 1 – point 5 Regulation (EC) n° 881/2004 Article 9b a (new)
Council common position Amendment   "Article 9ba   Authorisations for placing in service TSI-conform vehicles   As from 2015, and in cooperation with the competent national safety authorities, the Agency shall be entrusted with the task of granting authorisations for placing in service vehicles conforming to TSIs.";
Justification
The text restores Amendment 4 of Parliament's first reading.
Amendment  5 Council common position – amending act Article 1 – point 12 Regulation (EC) n° 881/2004 Article 16a
Council common position Amendment "Article 16a "Article 16a Certification of entities in charge of maintenance Certification of entities in charge of maintenance   1. Within a period of:   - one year for wagons,   - two years for other vehicles,   from the date on which this Regulation enters into force, the Agency shall assess the relationship between vehicle keeper , railway undertakings and infrastructure managers with regard to the maintenance certification system, in accordance with Article 14 of the Railway Safety Directive. Within a period of six months from the date on which the Railway Interoperability Directive enters into force, the Agency shall send to the Commission a report setting out, if necessary, recommendations on the implementation of the system of voluntary certification of maintenance in accordance with Article 14 of the Railway Safety Directive. Within the same period, the Agency shall send to the Commission a report setting out, if necessary, recommendations on the implementation of the system of mandatory certification of maintenance in accordance with Article 14 of the Railway Safety Directive. The Agency's assessment and recommendations shall in particular cover the following aspects taking due account of relations an entity in charge of maintenance can have with other parties such as keepers, railway undertakings and infrastructure managers: 1a. The Agency's assessment and recommendations shall in particular cover the following aspects taking due account of relations an entity in charge of maintenance can have with other parties such as keepers, railway undertakings and infrastructure managers: (a) whether the entity in charge of maintenance has adequate systems in place, including operational and management processes, to ensure the effective and safe maintenance of vehicles; (a) whether the entity in charge of maintenance has adequate systems in place, including operational and management processes, to ensure the effective and safe maintenance of vehicles. (b) the content and the specifications of a voluntary system of certification valid throughout the Community; (b) the content and the specifications of a mandatory and mutually recognised system of certification of maintenance valid throughout the Community; (c) the type of bodies competent for certification; (c) the type of bodies competent for certification in charge of implementing a mandatory system with national safety authorities or notified bodies, in accordance with the provisions of the Railway Safety Directive; (d) the technical and operational inspections and controls."; (d) the technical and operational inspections and controls to be carried out by the authorities of the Member States;   (e) whether the entity in charge of maintenance is in possession of the information needed to perform the requisite maintenance activities (and in particular, maintenance records and maintenance plans);   (f) whether the entity in charge of maintenance is in possession of the tools necessary for the monitoring and supervision of the state of the vehicles;   (g) whether a condition relating to insurance should be introduced in the specifications of the mandatory maintenance certification system.   1b. Within a period of three years from the adoption by the Commission of the mandatory system of certification of maintenance referred to in Article 14(6) of the Railway Safety Directive, the Agency shall send to the Commission a report evaluating the implementation of such a system taking into account the aspects set out in paragraph 1a.";
Justification
The text restores amendment 6 of Parliament's first reading, i.e. report of the Agency and the recommendations for mandatory maintenance certification system, while at the same time takes into account new elements and wording of Council inserted in its Common position.
Amendment  6 Council common position – amending act Article 1 – point 21 Regulation (EC) n° 881/2004 Article 21a
Council common position Amendment "Article 21a "Article 21a ERTMS ERTMS 1. The Agency shall assume the tasks set out in paragraphs 2 to 5 with a view to contributing to a coherent development and implementation of the ERTMS. 1. The Agency shall assume the tasks set out in paragraphs 2 to 5 with a view to ensuring coherent development and implementation of the ERTMS. 2. The Agency shall set up a procedure for managing requests for changes to specifications of the ERTMS. To this end, a register of requests for changes and planned changes to ERTMS specifications shall be set up and maintained by the Agency. 2. The Agency shall set up a procedure for managing requests for changes to specifications of the ERTMS. To this end, a register of requests for changes and planned changes to ERTMS specifications shall be set up and maintained by the Agency. 3. The Agency shall support the efforts of the Commission in migrating to ERTMS and coordinating installation of the ERTMS along the trans-European transport corridors. 3. The Agency shall support the Commission in ensuring the migration to ERTMS and coordinating installation of the ERTMS along the trans-European transport corridors.   3a. As from 1st January 2010, the Agency, in cooperation with the notified bodies and national safety authorities, shall supervise the application of the procedures for “EC” verification and putting into service of the ERTMS in the context of specific projects, and shall authorise the placing into service and apply the procedures for "EC” verification, particularly with a view to assessing technical compatibility between infrastructure and rolling stock fitted by different constructors. The Agency shall, if necessary, recommend appropriate measures to the Commission. 4. The Agency shall develop a strategy for managing the different versions of the ERTMS with a view to ensuring technical and operational compatibility between networks and vehicles fitted with different versions. 4. The Agency shall develop a strategy for managing the different versions of the ERTMS with a view to ensuring technical and operational compatibility between networks and vehicles fitted with different versions. In particular the Agency shall certify:   a) the interoperability of all ERTMS equipment;   b) the backward compatibility of all ERTMS future releases to the 2.3.0 version minimising the reduction of the performances of those operating with 2.3.0 or successive onboard functionality in a later track side functionality. 5. Should technical incompatibilities emerge between networks and vehicles in the context of specific ERTMS projects, notified bodies and national safety authorities shall make sure that the Agency obtains any relevant information on the applied procedures for EC verification and placing in service as well as on the operational conditions. The Agency shall, if necessary, recommend appropriate measures to the Commission. 5. Should technical incompatibilities emerge between networks and vehicles in the context of specific ERTMS projects, notified bodies and national safety authorities shall ensure that the Agency obtains any relevant information on the applied procedures for EC verification and placing in service as well as on the operational conditions. The Agency shall, if necessary, recommend appropriate measures to the Commission.   5a. The Agency shall evaluate the certification process of the ERTMS equipment by submitting a report to the Commission by ...1 containing, where appropriate, recommendations for improvements to be made.   5b. On the basis of the Agency report referred to in paragraph 5a, the Commission shall assess the costs and benefits of using a single type of laboratory equipment, a single reference track and/or a single certification body at Community level. Such a certification body should comply with the criteria of Annex VII of the Rail Interoperability Directive. The Commission may present conclusions to the Parliament and the Council and, if appropriate, bring forward by ..2 a legislative proposal to improve the ERTMS certification system.   1 Two years after the entry into force of this Regulation   2 Not earlier than 10 years after the entry into force of this Regulation.
Justification
The text restores parts of the amendment 5 and 8 of Parliament's first reading, while at the same time takes into account new elements and wording of Council inserted in its Common position. The Agency shall be responsible for the authorisation of placing into service of ERTMS equipment and for the procedures concerning EC verification. Acting as "central authority" for ERTMS, the Agency shall ensure the interoperability and the compatibility of all versions of ERTMS.

• [1]  Texts adopted, 29.11.2007, P6_TA(2007)0558.

EXPLANATORY STATEMENT

1.  Background and procedural comments

On 13 December 2006 the Commission submitted to Parliament and the Council a proposal for a regulation amending Regulation (EC) N° 881/2004 establishing a European Railway Agency^[1]1.

The proposal was presented by the Commission in conjunction with other two legislatives proposals, i.e., the new Interoperability directive and the revision of the Railway Safety Directive (Dir. 2004/49/EC). The three proposals submitted under codecision procedure together with the Communication aiming at the facilitation of the free movement of locomotives across the EU, were considered to form the Commission's package on cross acceptance of the rolling stock. An early agreement at first reading was reached with the Council over the last year on the proposal of the new Interoperability directive.

On 29 of December 2007 the European Parliament issued an opinion at first reading as part of the co-decision procedure and adopted a report in which it proposed 9 amendments to the Commission text^[2]2. On 3 March 2008 the Council adopted the common position in accordance with Article 251 of the Treaty which was then forwarded to the Parliament and to the Commission.

2.  Assessment of the Council’s common position

The Council’s common position incorporates fully or in part certain Parliament’s amendments which were adopted at first reading and cover mainly:

- the task attributed to the Agency for proposing solutions on the reduction of the national rules classified under Group B which covers the authorisations for placing in service vehicles that are deemed to be equivalent among Member States (amendment 3) ;

- the possibility to request a technical opinion of the Agency in case of negative decision by a national safety authority for placing in service railway vehicles (amendment 5);

- the provisions on setting up and keeping registers of the types of vehicles authorised by Member States (amendment 7);

- the possibilities to extend work contracts of the Agency’s staff (amendment 9);

The Parliament’s amendments with regard to the extension of the Agency’s competences are not reflected in the Council’s common position. Indeed, the role of the Agency on granting authorisations for placing in service vehicles conforming to TSIs (amendments 4), the role that the Agency is called to play over the development of the specifications of the ERTMS versions (amendment 5 and 8) as well as the Agency’s recommendation on the mandatory maintenance certification system for wagons and for other railway vehicles (amendment 6) are not incorporated in the Common position of Council.

It should be stressed that Council’s text supplements Commission’s proposal with new text mainly on certification, on compatibility of national rules, railway staff, registers ERTMS.

3.  Proposals by the rapporteur

Since the Council’s common position only partially incorporates Parliament’s amendments related to the Agency’s competences it is proposed to restore Parliament’s position of first reading while taking into account the Council’s text.

In particular, the role of the Agency as a central system authority for the development and implementing the ERTMS has to be review in the light of the new provisions inserted in the Council’s common position. The establishment of procedures for an EC verification by the Agency are proposed in order to ensure the interoperability and compatibility of ERTMS in the railway system of the Community. Further, a single laboratory equipment, a single reference tack and/or a single certification body at Community level should be considered.

Also, provisions in relation with the mandatory maintenance certification system are proposed since the text should be in consistent and in line with the text of the Railway Safety Directive.

• [1] ¹ COM(2006)0785
• [2] ² . Report of Mr Costa , A6-0350/2007, P6_TA(2007)0558.

PROCEDURE

Title	Amendment of Regulation (EC) No 881/2004 establishing a European Railway Agency
References	16138/3/2007 – C6-0131/2008 – 2006/0274(COD)
Date of Parliament’s first reading – P number	29.11.2007                     T6-0558/2007
Commission proposal	COM(2006)0785 - C6-0473/2006
Date receipt of common position announced in plenary	13.3.2008
Committee responsible        Date announced in plenary	TRAN 13.3.2008
Rapporteur(s)        Date appointed	Paolo Costa 10.3.2008
Discussed in committee	25.3.2008		7.4.2008		28.5.2008
Date adopted	29.5.2008
Result of final vote	+: –: 0:	25 0 0
Members present for the final vote	Inés Ayala Sender, Paolo Costa, Arūnas Degutis, Petr Duchoň, Saïd El Khadraoui, Robert Evans, Emanuel Jardim Fernandes, Francesco Ferrari, Brigitte Fouré, Mathieu Grosch, Georg Jarzembowski, Timothy Kirkhope, Sepp Kusstatscher, Jörg Leichtfried, Marian-Jean Marinescu, Erik Meijer, Willi Piecyk, Paweł Bartłomiej Piskorski, Luís Queiró, Reinhard Rack, Brian Simpson
Substitute(s) present for the final vote	Nathalie Griesbeck, Zita Gurmai, Leopold Józef Rutowicz
Substitute(s) under Rule 178(2) present for the final vote	Bart Staes