Changes from report parliamentary committee draft to plenary report

AddedArticle 16 – paragraph 5: 5. Isolated networks are exempted from the requirements under paragraph 2, 3 and 4; / deleted / deleted

RemovedArticle 16 a (new): Article 16a / European standard nominal track gauge for rail / 1. Member States shall ensure that any new railway infrastructure of the comprehensive network, the extended core network and the core network, including connections referred to in Article 14(1), point (d), provides for the European standard nominal track gauge of 1 435 mm. That requirement is considered to be met when 1 435 mm track gauge trains can circulate on the infrastructure. For the purposes of this Article new railway infrastructure means any infrastructure for which construction works have not started on ... [the date of entry into force of this Regulation]. / 2. Member States with a rail network, or a part thereof, with a track gauge different from that of the European standard nominal track gauge of 1 435 mm shall draw up, at the latest by ... [ date two years after the date of entry into force of this Regulation], a migration plan of the existing railway lines located on the European Transport Corridors to the European standard nominal track gauge of 1 435 mm. Such migration plan shall be coordinated with the neighbouring Member State or Member States concerned by the migration. / 3. Member States may identify in the migration plan the railway lines which will not migrate to the European standard nominal track gauge of 1 435 mm. The migration plan shall include a socio-economic cost-benefit analysis justifying the decision not to migrate the railway lines to the European standard nominal track gauge o…

Added(Ex AM 207( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

RemovedEC amended proposal point 8, modified, and replacing point 10 thereof.

AddedArticle 16 – paragraph 5 a (new): 5 a. Member States shall ensure that the railway infrastructure connections referred to in Article 14(1), point (d), meet the requirements of Article 15(2): / - on the core network by 31 December 2030; / - on the extended core network by 31 December 2040; and / - on the comprehensive network by 31 December 2050. / At the request of a Member State, in duly justified cases including reasons of cost-efficiency of the service, exemptions in respect of the requirements set out in Article 15(2), points (a) and (e) may be granted by the Commission by means of implementing acts. Any request for exemption shall be based on a socio-economic cost-benefit analysis and an assessment of the impact on interoperability. An exemption shall comply with the requirements of Directive (EU) 2016/797 of the European Parliament and of the Council, be coordinated with and agreed by the neighbouring Member State(s) where applicable.; / At the request of a Member State, in duly justified cases where specific geographic or significant physical constraints prevent such provision, exemptions to the requirement set out in Article 15(2), point (d) may be granted by the Commission by means of implementing acts.

RemovedArticle 17 – paragraph 1 – point a: (a) ERTMS is equipped, while ensuring a synchronised and harmonised ERTMS deployment, trackside and on board of trains;

Added(Ex AM 208( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

RemovedArticle 17 – paragraph 4: 4. Member States shall ensure that the railway infrastructure of the core network, the extended core network and the comprehensive network, including connections referred to in Article 14(1), point (d), is equipped with ERTMS by 31 December 2050.

Added(Ex AM 209( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

Added(Ex AM 210( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

Added(Ex AM 211( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

Added(Ex AM 212( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

AddedArticle 17 – paragraph 1 – point a: (a) ERTMS is equipped, whilst a synchronised and harmonised ERTMS deployment of tracksides and onboards is ensured;

Added(Ex AM 213( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

AddedArticle 17 – paragraph 4: 4. Member States shall ensure that the railway infrastructure of the core network, the extended core network and the comprehensive network, including connections referred to in Article 14(1), point (d), is equipped with ERTMS by 31 December 2040.

Added(Ex AM 214( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

Article 17 – paragraph 5: 5. Member States shall ensure that on the railway infrastructure of the core network, the extended core network and the comprehensive network, including connections referred to in Article 14(1), point (d), as of 31 December 2025, in case of construction of a new line or upgrade of the signalling system, ERTMS is being deployed.

Change 27

RemovedArticle 17 – paragraph 6: deleted / (deleted)

Added(Ex AM 215( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

RemovedArticle 18 – paragraph 1 – introductory part: 1. Member States shall ensure that, by 31 December 2030, the quality of services provided by infrastructure managers to railway undertakings, technical, administrative and operational requirements for infrastructure use and procedures r–elated to border controls do not prevent the operational performance of rail freight services along the rail freight lines of the European Transport Corridors from meeting the following target values:

AddedArticle 17 – paragraph 6: For isolated networks, at the request of a Member State, in duly justified cases, exemptions may be granted by the Commission by means of implementing acts in respect of requirements referred to in paragraphs 1 to 5.

Added(Ex AM 216( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

AddedArticle 17 – paragraph 6 a (new): 6 a. Member States shall timely inform the concerned parties about ERTMS deployment before the ETCS trackside deployment and before the decommissioning of class B systems.

Added(Ex AM 217( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

AddedArticle 17 – paragraph 6 b (new): 6 b. The Commission shall ensure the Technical Specifications for Interoperability (TSI CCS and TSI INF) are aligned with this Regulation, implying the alignment of provisions as well as the effective implementation.

Added(Ex AM 218( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

AddedArticle 17 – paragraph 6 c (new): 6 c. The Commission shall consider to provide, within two years from the date of entry in force of this Regulation, a legislative proposal for establishing a harmonised Rail Traffic Management System in order to improve cross-border operations on the trans-European transport network.

Added(Ex AM 219( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

AddedArticle 18 – paragraph 1 – introductory part: 1. Member States shall ensure that, by 31 December 2030, the quality of services provided by infrastructure managers to railway undertakings and terminal operators, technical, administrative and operational requirements for infrastructure use and procedures related to border controls do not prevent the operational performance of rail freight services along the rail freight lines of the European Transport Corridors from meeting the following target values:

Added(Ex AM 220( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

Article 18 – paragraph 1 – point a: (a) for each internal Union cross-border section, the dwelling time of all freight trains crossing the border does not exceed 15 minutes. Dwelling time of a train on a cross-border section means the total additional transit time that can be attributed to the existence of the border crossing, irrespective of the underlying causes, such as police border controls and procedures or considerations of infrastructural, operational, technical and administrative nature, without taking into account the time that cannot be attributed to the border crossing, such as operational procedures carried out in facilities located in the proximity of the border crossing but not intrinsically related to it;

Change 28

RemovedArticle 18 – paragraph 2 a (new): 2a. The European Railway Agency shall develop and operate a digital capacity management system for the dedicated rail-freight slots according to Article 15, which enables freight operators to book a cross-border train path until 31.12.2025. Member States shall fully deploy the system on the core, extended core and comprehensive network until 31.12.2027.

Added(Ex AM 221( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

RemovedArticle 19 – paragraph 1 – point -a (new): (-a) migrating to the European standard nominal track gauge (1 435 mm);

AddedArticle 18 – paragraph 1 – point b a (new): (b a) at least 90% of the passenger trains crossing at least one border of a European Transport Corridor arrive at their destination, or at the external Union border if their destination is outside the Union, at their scheduled time or with a delay of less than 30 minutes.

RemovedEC amended proposal point 9.

Added(Ex AM 222( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

AddedArticle 18 – paragraph 2: 2. Member States shall modify, as appropriate, contractual agreements referred to in Article 30 of Directive 2012/34/EU and take appropriate measures in accordance with Regulation (EU) No 913/2010 to meet the target values set out in points (a), (b) and (ba) of the first paragraph.

Added(Ex AM 223( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

AddedArticle 18 – paragraph 2 a (new): 2 a. The Commission, in close cooperation with all the rail stakeholders, shall ensure that a digital capacity management system, which enables passenger and freight operators to book a cross-border train path across several Member States, will be developed by 31 December 2025. The capacity management system shall be operated by the European Railway Agency. Member States shall fully deploy the system on the European Transport Corridors, core and extended core networks by 31 December 2027.

Added(Ex AM 224( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

Added(Ex AM 225( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

AddedArticle 19 – paragraph 1 – point b: (b) improving the safety of level crossings, and where relevant, converting to railway overpasses or tunnels;

Added(Ex AM 226( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

Article 19 – paragraph 1 – point c: (c) where appropriate, connecting railway transport infrastructure with inland waterway and maritime port, as well as airports infrastructure;

Change 29

RemovedArticle 19 – paragraph 1 – point g a (new): (ga) developing FRMCS technology in order to deploy an ERTMS based on satellite technology.

Added(Ex AM 227( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

RemovedArticle 21 – paragraph 1 – point c: (c) are equipped with facilities to improve the environmental performance of vessels in ports.

AddedArticle 19 – paragraph 1 – point e: (e) developing and deploying innovative technologies for railways, building in particular on the work of the Shift2Rail and Europe’s Rail Joint Undertakings, notably automatic train operation, including automated shunting and automated brake status testing, advanced traffic management, and digital connectivity for passengers and freight based on ERTMS and digital automatic couplings as well as 5G connectivity;

RemovedArticle 22 – paragraph 3 – point a – subparagraph 1: Rivers, canals, lakes, inland ports and their access routes provide a navigable channel depth of at least 2.5 m and a minimum height under non-openable bridges of at least 5.25 m at defined reference water levels, which are exceeded at a defined number of days per year on a statistical average. For any newly built or renovated non-openable bridge, Member States shall ensure that its height exceeds that of the lowest bridge of the river basin.

Added(Ex AM 228( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

RemovedArticle 22 – paragraph 3 – point a – subparagraph 2: The reference water levels shall be established on the basis of the number of days per year on which the actual water level exceeded the specified reference water level. The Commission shall adopt implementing acts specifying the reference water levels referred to in the previous subparagraph per river basin or per waterway section when necessary. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).

AddedArticle 19 – paragraph 1 – point f: (f) when building or major upgrading railway infrastructure, ensure the continuity and accessibility of pedestrian and cycling paths in order to promote the active modes of transport;

RemovedArticle 22 – paragraph 3 – point a – subparagraph 3: When specifying the reference water levels the Commission shall take into account the requirements which are set out in international conventions and in agreements concluded between Member States and consult the coordinators of the corridors concerned.

Added(Ex AM 229( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

RemovedArticle 22 – paragraph 5 – subparagraph 1 – introductory part: The Commission shall adopt implementing acts setting out requirements complementing the minimum requirements established in accordance with paragraph (3), point (a), second subparagraph, per river basin or per waterway section when necessary. These requirements may be related in particular to:

AddedArticle 19 – paragraph 1 – point g: (g) developing innovative alternative fuels technologies for railways, such as hydrogen or battery powered trains, for sections that are exempted from the electrification requirement, where the economic viability of such projects has been established on basis of a cost-benefit analysis;

RemovedArticle 22 – paragraph 5 – subparagraph 1 – point h a (new): (ha) facilities to improve the environmental performance of vessels in ports, including reception facilities, degassing facilities, noise reduction measures, measures to reduce air and water pollution;

Added(Ex AM 230( Or. en) of FdR \\ipolbrusnvf01\TRAN\docep\AM\1274380EN.docx)

RemovedArticle 23 – paragraph 1 – point e: (e) promoting and developing measures to improve the environmental performance of inland waterway transport and transport infrastructure, including vessels using alternative and renewable fuels and measures to mitigate impacts on water bodies and water-dependent biodiversity, in accordance with the applicable requirements under Union law or relevant international agreements.