Changes from adopted text to adopted text

RemovedThe central tools of the European digital capacity and traffic management systems shall be operated by the Network Coordinator.

RemovedERA shall ensure compliance of digital systems developed by the sector with the technical standards for interoperability. [Am. 222]

Removed5c. The Commission and Member States shall support the financing of the activities set out in this Article, including from the CEF, in order to ensure a timely, cross-border harmonised and interoperable implementation of digital tools and services. [Am. 223]

RemovedCHAPTER VI REGULATORY OVERSIGHT OF CAPACITY AND TRAFFIC MANAGEMENT

RemovedSECTION 1 Regulatory bodies

RemovedArticle 63 Responsibilities of regulatory bodies

Removed1. The functions and the powers laid down in Article 56 of Directive 2012/34/EU shall also be exercised with respect to the matters covered by this Regulation. In particular, the regulatory body shall monitor the activities of infrastructure managers and the European network coordinator, as set out in Chapters II to V of this Regulation and shall verify compliance with this Regulation on its own initiative and with a view to preventing discrimination against applicants. [Am. 224]

Removed1a. The regulatory body shall participate and supervise the strategic planning of capacity provided in Section II of this Regulation. The regulatory body shall also evaluate proportionality, non-discrimination and transparency. The regulatory body may issue and share opinions with infrastructure managers, ENIM and ERP. The infrastructure managers shall take into account the proposals of regulatory bodies in elaborating the strategic planning of capacity. [Am. 225]

Removed2. A railway undertaking, another applicant, a potential applicant, a national, regional or local authority responsible for transport shall have the right to appeal to the regulatory body in accordance with article 56 of Directive 2012/34/EU if it believes it has been unfairly treated, discriminated against or in any other way aggrieved by the infrastructure manager when the latter carried out the activities set out in Chapters II, III, IV and V of this Regulation (Management of infrastructure; Traffic and crisis management; Performance review and management; European network for coordination). [Am. 226]

RemovedArticle 64 Cooperation of regulatory bodies within the European Network of Rail Regulatory Bodies (ENRRB)

Removed1. For the purpose of fulfilling their responsibilities under this Regulation, the regulatory bodies shall cooperate in the framework of the ENRRB referred to in Article 57(1) of Directive 2012/34/EU, including through joint consultations and investigations, by adopting opinions or recommendations or through other relevant activities. Regulatory bodies shall provide all the required information to the ENRRB and take into account the opinions and recommendations adopted by ENRRB. [Am. 227]

RemovedWhen acting within the scope of this Regulation, the ENRRB shall have the tasks and responsibilities and organise its work as defined in section 2 of this Chapter.

Removed2. In the case of a complaint or an own-initiative investigation on a matter falling within the scope of this Regulation and affecting the access to or the use of rail networks in more than one Member State, the regulatory body concerned shall inform the ENRRB and the Commission of the complaint or the investigation.

Removed3. A regulatory body may transmit any relevant matter, complaint or investigation to the ENRRB for an exchange of views or for the adoption of an opinion or recommendation.

Removed4. When taking decisions on matters affecting more than one Member State, the regulatory bodies concerned shall cooperate in preparing their respective decisions under the coordination of the ENRRB in order to bring about a resolution of the matter. For that purpose, the regulatory bodies concerned shall carry out their functions in accordance with paragraph 1 of this Article and Article 56 of Directive 2012/34/EU. They shall take into account any relevant opinion and recommendation adopted by the ENRRB and shall provide these decisions to the ENRRB.

Removed5. Where a regulatory body adopts a decision, which departs from any relevant opinion or recommendation of the ENRRB or where it refuses to adopt a decision, it shall provide to the ENRRB an explanation laying out the differences and its reasoning for not following the opinions or recommendations of the ENRRB and include the relevant explanation in its decision. [Am. 228]

Removed6. The regulatory bodies consulted by the ENRRB shall reply within the deadlines set by the ENRRB and, upon the latter’s request, shall provide all the information that they have the right to request under their national law. This information may only be used for the purpose of the activities carried out by the regulatory bodies in accordance with this Regulation.

Removed7. Infrastructure managers shall provide, without delay, all the information necessary for the purpose of handling the complaint or investigation referred to in this Article and requested by the regulatory body of the Member State in which the infrastructure manager is located. Regulatory bodies shall have the right to request information from ENIM on investigations within their competence. Regulatory bodies shall be entitled to transfer such information to the ENRRB.

Removed8. Rail regulatory bodies shall provide the necessary resources for the functioning of the ENRRB.

Removed8a. ENRRB shall ensure that its structure, methods of operation and all relevant information about its work, including opinions and recommendations are made publicly available on its website. It shall include contact details of working groups. [Am. 229]

RemovedSECTION 2 Tasks and responsibilities of the European Network of Rail Regulatory Bodies

RemovedArticle 65 Tasks and responsibilities

Removed1. In addition to its tasks under Directive 2012/34/EU, the ENRRB shall also have the tasks and responsibilities laid down in this Regulation.

Removed2. The ENRRB shall coordinate all cooperation activities of rail regulatory bodies as outlined in Article 64 and promote alignment of decisions of regulatory bodies in relation to international rail services.

Removed2a. ENRRB shall assess, before adopted, the European frameworks for capacity managements, traffic management and performance review as well as the network statement common structure and issue and share an opinion with national regulatory bodies that may take action in accordance with Article 56 of Directive 2012/34/EU. ENRRB may assess all ENIM decisions and issue and share opinions with ENIM, regulatory bodies, ERP and infrastructure managers. [Am. 230]

Removed3. Based on requests by applicants, infrastructure managers, and other interested parties, the ENRRB shall provide opinions or recommendations on pending or adopted decisions on complaints submitted to the rail regulatory bodies. [Am. 231]

Removed4. Interested parties may lodge a complaint with the ENRRB on matters within the scope of this Regulation or affecting the access to or the use of rail infrastructure in more than one Member State. Where the ENRRB receives such a complaint, it shall transfer it to the competent regulatory body or bodies without delay.

RemovedIn 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.

Removed5. 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.

Removed5a. 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]

Removed6. The ENRRB shall develop common principles and practices for taking the decisions for which regulatory bodies are empowered under this Regulation.

Removed6a. 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]

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

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

Removed(a) a Board of Regulatory Bodies;

Removed(b) a Secretariat.

RemovedRegulatory bodies shall ensure the operation of the Secretariat.

RemovedENRRB 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]

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

RemovedArticle 67 Composition of the Board of Regulatory Bodies

Removed1. 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]

Removed2. 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.

Removed3. 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.

Removed4. 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.

RemovedArticle 68 Role and tasks of the Board

Removed1. The Board shall perform all tasks of the ENRRB set out in this Regulation.

Removed2. In particular, the Board shall:

Removed(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;

Removed(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]

Removed(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]

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

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

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

RemovedArticle 69 Organisation of the work of the Board

Removed1. The Board shall adopt its rules of procedure, following approval by the Commission.

Removed1a. 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]

Removed2. The Commission shall chairattend, support and facilitate coordination during the meetings of the Board. It shall have no voting right. [Am. 241]

Removed3. The Secretariat shall provide the necessary services for organising the meetings and the work of the Board.

Removed4. The Board shall take decisions by a simple majority of its members, unless otherwise provided for in the rules of procedure.

Removed5. Each member shall have one vote. In the absence of a member, the alternate shall be entitled to exercise the right to vote.