REPORT on the proposal for a regulation of the European Parliament and of the Council on rail transport statistics (recast)

26.2.2018 - (COM(2017)0353 – C8-0223/2017 – 2017/0146(COD)) - ***I

Committee on Transport and Tourism
Rapporteur: Karima Delli
(Recast – Rule 104 of the Rules of Procedure)

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DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council on rail transport statistics (recast)

(COM(2017)0353 – C8-0223/2017 – 2017/0146(COD))

(Ordinary legislative procedure – recast)

The European Parliament,

–  having regard to the Commission proposal to the European Parliament and the Council (COM(2017)0353),

–  having regard to Article 294(2) and Article 338(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0223/2017),

–  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 12 December 2017[1],

–  having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts[2],

–  having regard to the letter of 13 October 2017 from the Committee on Legal Affairs to the Committee on Transport and Tourism in accordance with Rule 104(3) of its Rules of Procedure,

–  having regard to Rules 104 and 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Transport and Tourism (A8-0038/2018),

A.  whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the Commission proposal does not include any substantive amendments other than those identified as such in the proposal, and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance;

1.  Adopts its position at first reading, taking over the Commission proposal and taking account of the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

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

• [1]    Not yet published in the Official Journal.
• [2]    OJ C 77, 28.3.2002, p. 1.

EXPLANATORY STATEMENT

1. General remarks

In the context of the revision of the regulation of the European Parliament and of the Council on rail transport statistics, Parliament had sought to extend the scope of the regulation. It had stressed the importance of having comprehensive and accurate statistics on freight and passenger transport, as well as data concerning cross-border connections or railway infrastructure equipment fitted with an ERTMS system, in order to obtain a clear picture of the evolution of the trans-European transport network (TEN-T), and in particular the rail network. Parliament was unable to secure the incorporation of any such provisions in the legislative text.

Nevertheless, your rapporteur points out that under the Memorandum of Understanding between Eurostat and the Commission (DG MOVE) signed in 2016, DG MOVE undertook to heed Parliament’s calls during the negotiations on the revision of the regulation. In particular, it undertook to provide an analysis of sections of track which had been dismantled or those on which passenger or freight operations had ceased, taking due account of the infrastructure and of socio-economic and operational aspects. The Commission committed itself to provide a more detailed analysis as regards projects forming part of the TEN-T network,

Your rapporteur also notes that that under the Memorandum of Understanding between Eurostat and the European Union Agency for Railways (ERA) signed in 2016, ERA agreed to facilitate access to data concerning the length of the section of track equipped with ERTMS. The ERA also undertook to provide Eurostat with annual data regarding the number of vehicles equipped with ERTMS, on the basis of the European Register of Authorised Types of Vehicles (ERATV) and the Centralised Virtual Vehicle Register (ECVVR).

Your rapporteur stresses the importance of providing policy makers, as well as European citizens, with relevant information on the impact of EU policies in the field of transport and of the relevant investments.

2. Rapporteur’s comments

The Commission proposal concerns a technical adaptation in the context of a recast procedure. The Commission is proposing to delete Article 4(5). During the revision of the regulation in 2016, the co-legislators did not grant the Commission powers to amend the annexes to the regulation. Article 4(5) is therefore obsolete.

Your rapporteur has not tabled any amendments, therefore.

ANNEX: LETTER FROM THE COMMITTEE ON LEGAL AFFAIRS

D(2017)40899

Karima Delli

Chair, Committee on Transport and Tourism

ASP 04F155

Brussels

Subject:  Proposal for a Regulation of the European Parliament and of the Council on rail transport statistics (recast)

COM(2017)0353 – C8-0223/2017 – 2017/0146(COD))

Dear Chair,

The Committee on Legal Affairs has examined the proposal referred to above, pursuant to Rule 104 on Recasting, as introduced into the Parliament's Rules of Procedure.

Paragraph 3 of that Rule reads as follows:

“If the committee responsible for legal affairs considers that the proposal does not entail any substantive changes other than those identified as such in the proposal, it shall inform the committee responsible for the subject matter thereof.

In such a case, over and above the conditions laid down in Rules 169 and 170, amendments shall be admissible within the committee responsible for the subject-matter only if they concern those parts of the proposal which contain changes.

However, amendments to parts of the proposal which remain unchanged may, by way of exception and on a case-by-case basis, be accepted by the Chair of the committee responsible for the subject matter if he or she considers that this is necessary for pressing reasons relating to the internal logic of the text or because the amendments are inextricably linked to other admissible amendments. Such reasons must be stated in a written justification to the amendments.”

Following the opinion of the Consultative Working Party of the legal services of the Parliament, the Council and the Commission, which has examined the recast proposal, and in keeping with the recommendations of the rapporteur, the Committee on Legal Affairs considers that the proposal in question does not include any substantive changes other than those identified as such in the proposal and by the Consultative Working Party and that, as regards the codification of the unchanged provisions of the earlier acts with those changes, the proposal contains a straightforward codification of the existing texts, without any change in their substance.

In conclusion, at its meeting of 10 October 2017, the Committee on Legal Affairs, unanimously[1], recommends that the Committee on Transport and Tourism, as the committee responsible, can proceed to examine the above proposal in accordance with Rule 104.

Yours sincerely,

Pavel Svoboda

Encl.: Report signed by the President of the Consultative Working Party.

• [1]  The following Members were present: Joëlle Bergeron, Marie-Christine Boutonnet, Jean-Marie Cavada, Kostas Chrysogonos, Mady Delvaux, Pascal Durand, Angel Dzhambazki, Lidia Joanna Geringer de Oedenberg, Karoline Graswander-Hainz, Jytte Guteland, Heidi Hautala, Sylvia-Yvonne Kaufmann, Gilles Lebreton, António Marinho e Pinto, Stefano Maullu, Angelika Niebler, Julia Reda, Evelyn Regner, Pavel Svoboda, József Szájer, Axel Voss, Tadeusz Zwiefka, Luis de Grandes Pascual.

ANNEX: OPINION OF THE CONSULTATIVE WORKING PARTY OF THE LEGAL SERVICES OF THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE COMMISSION

	CONSULTATIVE WORKING PARTY OF THE LEGAL SERVICES

Brussels, 21 September 2017

OPINION

  FOR THE ATTENTION OF  THE EUROPEAN PARLIAMENT

    THE COUNCIL

    THE COMMISSION

Proposal for a regulation of the European Parliament and of the Council on rail transport statistics (recast)

COM(2017)0353 du 30.6.2017 – 2017/0146(COD)

Having regard to the Inter-institutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts, and in particular to point 9 thereof, the Consultative Working Party consisting of the respective legal services of the European Parliament, the Council and the Commission examined the aforementioned proposal submitted by the Commission.

An examination of the proposal for a Regulation of the European Parliament and of the Council recasting Regulation (EC) No 91/2003 of the European Parliament and of the Council of 16 December 2002 on rail transport statistics resulted in the Consultative Working Party’s concluding, without dissent, that the proposal does not comprise any substantive amendments other than those identified as such. The Working Party also concluded, as regards the codification of the unchanged provisions of the earlier act with those substantive amendments, that the proposal contains a straightforward codification of the existing legal text, without any change in its substance.

F. DREXLER      H. LEGAL      L. ROMERO REQUENA

Jurisconsult      Jurisconsult      Director General

PROCEDURE – COMMITTEE RESPONSIBLE

Title	Rail transport statistics (recast)
References	COM(2017)0353 – C8-0223/2017 – 2017/0146(COD)
Date submitted to Parliament	30.6.2017
Committee responsible        Date announced in plenary	TRAN 6.7.2017
Rapporteurs        Date appointed	Karima Delli 10.7.2017
Discussed in committee	11.1.2018
Date adopted	20.2.2018
Result of final vote	+: –: 0:	41 1 0
Members present for the final vote	Daniela Aiuto, Lucy Anderson, Marie-Christine Arnautu, Georges Bach, Izaskun Bilbao Barandica, Deirdre Clune, Michael Cramer, Luis de Grandes Pascual, Andor Deli, Isabella De Monte, Ismail Ertug, Jacqueline Foster, Dieter-Lebrecht Koch, Miltiadis Kyrkos, Bogusław Liberadzki, Marian-Jean Marinescu, Renaud Muselier, Markus Pieper, Tomasz Piotr Poręba, Gabriele Preuß, Christine Revault d’Allonnes Bonnefoy, Dominique Riquet, Massimiliano Salini, Claudia Schmidt, Jill Seymour, Keith Taylor, Pavel Telička, István Ujhelyi, Wim van de Camp, Marie-Pierre Vieu, Janusz Zemke, Roberts Zīle, Elżbieta Katarzyna Łukacijewska
Substitutes present for the final vote	Jakop Dalunde, Michael Detjen, Markus Ferber, Maria Grapini, Rolandas Paksas, Jozo Radoš, Evžen Tošenovský, Henna Virkkunen
Substitutes under Rule 200(2) present for the final vote	Olle Ludvigsson
Date tabled	26.2.2018

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

41	+
ALDE	Izaskun Bilbao Barandica, Jozo Radoš, Dominique Riquet, Pavel Telička
ECR	Jacqueline Foster, Tomasz Piotr Poręba, Evžen Tošenovský, Roberts Zīle
EFDD	Daniela Aiuto, Rolandas Paksas
ENF	Marie-Christine Arnautu
GUE/NGL	Marie-Pierre Vieu
PPE	Georges Bach, Deirdre Clune, Andor Deli, Markus Ferber, Dieter-Lebrecht Koch, Marian-Jean Marinescu, Renaud Muselier, Markus Pieper, Massimiliano Salini, Claudia Schmidt, Henna Virkkunen, Luis de Grandes Pascual, Wim van de Camp, Elżbieta Katarzyna Łukacijewska
S&D	Lucy Anderson, Isabella De Monte, Michael Detjen, Ismail Ertug, Maria Grapini, Miltiadis Kyrkos, Bogusław Liberadzki, Olle Ludvigsson, Gabriele Preuß, Christine Revault d'Allonnes Bonnefoy, István Ujhelyi, Janusz Zemke
VERTS/ALE	Michael Cramer, Jakop Dalunde, Keith Taylor

1	-
EFDD	Jill Seymour

0	0
-	-

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention