Changes from plenary report to adopted text

AddedIn such cases, the ENRRB shall immediately inform the rail regulatory bodies concerned about its intention to adopt an opinion or recommendation on any such matter.

Added5. The ENRRB shall submit its opinion or recommendation to the rail regulatory bodies concerned within one month of receipt of all the relevant information regarding the complaint. The ENRRB may extend the period for particularly complex matters.

Added5a. The ENRRB shall provide recommendations to the ENIM as regards the establishment and review of the European framework for performance review referred to in Article 50, including on performance areas, performance issues to be addressed under each of the performance areas, harmonisation of methodologies, processes, criteria and definitions for the collection and analysis of data related to performance and performance indicators. [Am. 232]

Added6. The ENRRB shall develop common principles and practices for taking the decisions for which regulatory bodies are empowered under this Regulation.

Added6a. ENRRB shall assess the European frameworks for capacity managements, traffic management and performance review as well as the network statement common structure and issue an opinion. Regulatory bodies shall take utmost account of the opinion of ENRRB in checking network statements. [Am. 233]

AddedArticle 66 Organisation and structure of the European Network of Rail Regulatory Bodies (ENRRB)

AddedFor the purpose of this regulation, the ENRRB shall be organised into:

Added(a) a Board of Regulatory Bodies;

Added(b) a Secretariat.

AddedRegulatory bodies shall ensure the operation of the Secretariat.

AddedENRRB shall ensure that its methods of operation and all relevant information about its work are made publicly available on a common website. It shall include contact details for complaints, contact information for dedicated working groups, and information about procedures. [Am. 234]

AddedENRRB shall publish its opinions and recommendations on a dedicated website. [Am. 235]

AddedArticle 67 Composition of the Board of Regulatory Bodies

Added1. The Board of Regulatory Bodies shall be composed of one voting member from each Member State that has a rail network in use and one member appointed by the Commission. ERA shall be an observer with no voting rights. [Am. 236]

Added2. The voting members shall be the head, or a deputy head, of the regulatory body referred to in Article 55 of Directive 2012/34/EU. They shall have one alternate to represent the member in her or his absence. The alternate shall be appointed by the regulatory body from among the governance or the management of the regulatory body or, where this is not possible, from its staff.

Added3. Members of the Board and their alternates shall act independently and objectively in the interests of the Union, regardless of any particular national or personal interests. They shall neither seek nor take instructions from any government, institution, person or body.

Added4. An up-to-date list of members of the Board and their alternates, together with their declarations of interest, shall be made public by the Secretariat of the ENRRB.

AddedArticle 68 Role and tasks of the Board

Added1. The Board shall perform all tasks of the ENRRB set out in this Regulation.

Added2. In particular, the Board shall:

Added(a) adopt opinions or recommendations on complaints or investigations presented to it by its Chair or by a regulatory body or bodies in accordance with the rules laid down in Article 69;

Added(aa) adopt opinions and recommendations on decisions taken by ENIM working in cooperation with the network coordinator within the scope of this regulation; [Am. 237]

Added(ab) following complaints from railway undertakings, operators of service facilities and other interested parties, adopt recommendations and opinions of the ENRRB in relation to the consultations referred to in Article 55 a, as well as to the decisions taken by ENIM working in cooperation with the network coordinator; [Am. 238]

Added(b) draft and adopt an annual report on the ENRRB’s activities;

Added(c) set up working groups and appoint their Chairs.

Added(ca) draft and adopt a recommendation to the ENIM as regards the establishment and review of the European framework for performance review. [Am. 239]

AddedArticle 69 Organisation of the work of the Board

Added1. The Board shall adopt its rules of procedure, following approval by the Commission.

Added1a. The Board shall meet in regular intervals. It shall elect a Chair from among its members with a two-thirds majority of its members and shall serve a term of one year. [Am. 240]

Added2. The Commission shall chairattend, support and facilitate coordination during the meetings of the Board. It shall have no voting right. [Am. 241]

Added3. The Secretariat shall provide the necessary services for organising the meetings and the work of the Board.

Added4. The Board shall take decisions by a simple majority of its members, unless otherwise provided for in the rules of procedure.

Added5. Each member shall have one vote. In the absence of a member, the alternate shall be entitled to exercise the right to vote.

Added6. The rules of procedure may establish more detailed voting arrangements, in particular the procedure for voting on urgent matters and on cases of recommendations on decisions of rail regulatory bodies.

AddedArticle 70 Working groups of the ENRRB

Added1. On its own initiative or upon a proposal by the Commission, and in accordance with the Board’s rules of procedure, the Board may decide with a simple majority to set up working groups to organise the work of the ENRRB on specific topics related to the implementation of this Regulation.

Added2. The Board shall define the mandate of the working group and appoint the Chairs of the working groups, representing, where possible, different rail regulatory bodies.

Added3. The working groups shall be open, upon invitation, to the participation of experts from rail regulatory bodies, the Commission, operational stakeholdersERA, and, where relevant, from operational stakeholders and from other public or private bodies. [Am. 242]

Added4. The Secretariat shall provide administrative support to the working groups.

Added5. The Board or the Chairs of the working groups may invite experts from rail regulatory bodies, the Commission, ERA, operational stakeholders and - where relevant - from other public or private bodies as well as individual experts recognised as competent in the relevant field to participate in the working group meetings if necessary on a case-by-case basis. [Am. 243]

AddedCHAPTER VII FINAL PROVISIONS

AddedArticle 71 Exercise of the delegation

Added1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

Added2. The power to adopt delegated acts referred to in Article 6(4a), Article 8(7), Article 10(8), Article 11(2) and (4a), Article 12(9a), Article 18(10a), Article 19(5), Article 20(4a), Article 21(9), Article 38(3), Article 39(9)39 (8a) and (9), Article 40(7), Article 41 (3), Article 44(3a), Article 46(6), Article 48(3) andArticle 52 (1), Article 53(5) and Article 62(5a), and shall be conferred on the Commission for a period of five years from [1 January 2026]. 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. 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. [Am. 244]

AddedArticle 72 Committee procedure

Added1. The Commission shall be assisted by the Committee referred to in Article 62 of Directive 2012/34/EU. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Added2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

Added3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

AddedArticle 73 Report and review

AddedBy [31 December 2030], the Commission shall evaluate the impact of this Regulation on the rail sector and shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions a report on its implementation.

AddedThe report shall, in particular, evaluate:

Added(a) the impact of this Regulation on the performance of rail infrastructure services;

Added(b) the impact of this Regulation on the development of rail services, notably international services, long-distance services and freight services;

Added(c) the work of the European Network of Infrastructure Managers, of the Network Coordinator, the European Network of Rail Regulatory Bodies and the Performance Review Body in general and in relation to the development, adoption and implementation of common criteria, methodologies and procedures.

Added(d) the need to reinforce coordination mechanisms by replacing elements of the European frameworks referred to in Articles 6 and 44 with binding rules;

Added(e) the need to strengthen regulatory oversight by establishing a Union rail regulatory body.

AddedArticle 74 Amendments to Directive 2012/34/EU

Added1. Directive 2012/34/EU is amended as follows:

Added(a) In Article 1, point (c) is replaced by the following:

Added‘(c) the principles and procedures applicable to the setting and collecting of railway infrastructure charges as set out in Chapter IV.’