What changed between the draft committee report and the plenary report

Added:Regulation (EC) No 1073/2009

Added:Article 1 – paragraph 1 – point 3, Article 3a – paragraph 4 – subparagraph 2: Information requested shall be supplied within a reasonable period set by the regulatory body, which shall not exceed one month. In duly justified cases, the regulatory body may extend the time limit for submission of information by a maximum of two weeks. The regulatory body shall be able to enforce requests for information by means of penalties which are effective, proportionate and dissuasive.

Added:Regulation (EC) No 1073/2009

Article 1 – paragraph 1 – point 3, Article 3a – paragraph 5: 5. Member States shall ensure that decisions taken by the regulatory body are subject to prompt judicial review. That review may have suspensive effect only when the immediate effect of the regulatory body’s decision may cause irretrievable or manifestly excessive damages for the appellant. This provision is without prejudice to the powers of the court hearing the appeal as conferred by constitutional law of the Member State concerned.

Regulation (EC) No 1073/2009

Change 8

Changed:Article 1 – paragraph 1 – point 3, Article 3a – paragraph 6: 6. Decisions taken by the regulatory body shall be made public withoutwithin unduetwo delay.;weeks of their adoption;

Regulation (EC) No 1073/2009

Change 9

Removed:Article 1 – paragraph 1 – point 6, Article 5a – paragraph 2 – subparagraph 2: Requests for access to terminals may be refused only on the grounds of lack of capacity. If a request is refused, the terminal operator shall also communicate its decision to the regulatory authority.

Added:Article 1 – paragraph 1 – point 6, Article 5a – paragraph 1 a (new): 1 a. Where terminal operators grant access, bus and coach operators shall comply with the terminal’s existing terms and conditions.

Regulation (EC) No 1073/2009

Change 10

Removed:Article 1 – paragraph 1 – point 6, Article 5a – paragraph 2 – subparagraph 3: Where a terminal operator refuses a request for access, it shall indicate any viable alternatives and, where no such alternatives are available, seek to assist the applicant as well as inform the regulatory authority of the situation.

Added:Article 1 – paragraph 1 – point 6, Article 5a – paragraph 2 – subparagraph 2: Requests for access to terminals may be refused only on duly justified grounds of lack of capacity considerations, repeated failure to pay fees, duly documented serious and repeated infringements by the road transport operator, or other national provisions, provided they are consistently applied and do not discriminate either against particular carriers seeking access to a terminal, or their associated business models. If a request is refused, the terminal operator shall also communicate its decision to the regulatory authority.

Regulation (EC) No 1073/2009

Change 11

Changed:Article 1 – paragraph 1 – point 6, Article 5a – paragraph 3 a (new): 3 a. Member States may exclude terminals2 that– aresubparagraph owned3: andWhere useda solelyterminal byoperator therefuses terminala operatorrequest for itsaccess, ownit roadis passengerencouraged transportto servicesindicate frombest theviable applicationalternatives of thiswhich Article.it is aware.

Regulation (EC) No 1073/2009

Change 12

Removed:Article 1 – paragraph 1 – point 7, Article 5b – paragraph 2: 2. If access cannot be granted as requested in the application, the terminal operator shall initiate consultations with all relevant carriers with a view to accommodating the application.

Added:Article 1 – paragraph 1 – point 6, Article 5a – paragraph 3 – subparagraph 1 – introductory part: Terminal operators shall publish at least the following information in the respective national languages and one other official language of the Union:

Regulation (EC) No 1073/2009

Change 13

Removed:Article 1 – paragraph 1 – point 7, Article 5b – paragraph 3: 3. The terminal operator shall take a decision on any application for access to a terminal without delay and no later than two months of the date of submission of the application by the carrier. Where access is refused, the terminal operator shall justify its decision.

Added:Article 1 – paragraph 1 – point 6, Article 5a – paragraph 3 – subparagraph 1 – point a a (new): (aa) a list of all existing infrastructure and technical specifications of the terminal;

Removed:If access is granted, there is no need for the terminal operator to be asked to justify its decision.

Regulation (EC) No 1073/2009

Change 14

Removed:Article 1 – paragraph 1 – point 10, Article 8 – title: Procedures for authorisation, and suspension and withdrawal of authorisation for the international carriage of passengers over a distance of up to 100 kilometres as the crow flies

Added:Article 1 – paragraph 1 – point 6, Article 5a – paragraph 3 a (new): 3 a. Member States may exclude terminals that are owned and used solely by the terminal operator for its own road passenger transport services from the application of this Article. When considering an application for exclusion, regulatory bodies shall take into account the availability of viable alternatives.”;

Removed:(The reference in the header relating to the amending act (¨Article 1 – paragraph 1 – point 10¨) corresponds to ¨Article 1 – paragraph 1 – point 9¨ of the Commission’s Proposal. This discrepancy is caused by the incorrect numbering (Article 1 – paragraph 1 – point 7 is duplicated) in the Commission’s proposal in all language versions except for the Greek one))

Regulation (EC) No 1073/2009

Change 15

Removed:Article 1 – paragraph 1 – point 10, Article 8 – paragraph 1: 1. Authorisations shall be issued in agreement with the competent authorities of all the Member States in whose territories passengers are picked up or set down and are carried over distances of up to 100 kilometres as the crow flies. The authorising authority shall send a copy of the application, together with copies of any other relevant documentation, within two weeks of receipt of the application to such competent authorities with a request for their agreement. At the same time, the authorising authority shall forward those documents to the competent authorities of other Member States whose territories are crossed, for information.

Added:Article 1 – paragraph 1 – point 7, Article 5b – paragraph 2: deleted

Removed:(The reference in the header relating to the amending act (¨Article 1 – paragraph 1 – point 10¨) corresponds to ¨Article 1 – paragraph 1 – point 9¨ of the Commission’s Proposal. This discrepancy is caused by the incorrect numbering (Article 1 – paragraph 1 – point 7 is duplicated) in the Commission’s proposal in all language versions except for the Greek one))

Regulation (EC) No 1073/2009

Change 16

Removed:Article 1 – paragraph 1 – point 10, Article 8 – paragraph 4: 4. Authorisation shall be granted unless refusal can be justified on one or more of the grounds listed in points (a), (b) (c) and (d) of Article 8c(2).

Added:Article 1 – paragraph 1 – point 7, Article 5b – paragraph 3: 3. The terminal operator shall take a decision on any application for access to a terminal without delay and no later than one month of the date of submission of the application by the carrier. Where access is refused, the terminal operator shall justify its decision.

Removed:(The reference in the header relating to the amending act (¨Article 1 – paragraph 1 – point 10¨) corresponds to ¨Article 1 – paragraph 1 – point 9¨ of the Commission’s Proposal. This discrepancy is caused by the incorrect numbering (Article 1 – paragraph 1 – point 7 is duplicated) in the Commission’s proposal in all language versions except for the Greek one))

Regulation (EC) No 1073/2009

Change 17

Removed:Article 1 – paragraph 1 – point 10, Article 8 – paragraph 4 a (new): 4 a. In the event that an international regular bus and coach service has compromised the economic equilibrium of a public service contract, due to exceptional reasons which could not have been foreseen at the time of granting the authorisation, the Member State concerned may, with the agreement of the Commission, suspend or withdraw the authorisation to provide the service, after having given six months’ notice to the carrier. The carrier shall have the possibility to appeal such decision.

Added:Article 1 – paragraph 1 – point 7, Article 5b – paragraph 5 – subparagraph 2: The decision of the regulatory body on the appeal shall be binding, subject to national law provisions regarding judicial review. The regulatory body shall be able to enforce it by means of penalties which are effective, proportionate and dissuasive.

Removed:(The reference in the header relating to the amending act (¨Article 1 – paragraph 1 – point 10¨) corresponds to ¨Article 1 – paragraph 1 – point 9¨ of the Commission’s Proposal. This discrepancy is caused by the incorrect numbering (Article 1 – paragraph 1 – point 7 is duplicated) in the Commission’s proposal in all language versions except for the Greek one))

Regulation (EC) No 1073/2009

Change 18

Removed:Article 1 – paragraph 1 – point 10, Article 8 – paragraph 6: 6. After having consulted the Member States of the competent authorities which disagreed, the Commission shall, no later than four months from receipt of the communication from the authorising authority, take a decision. The decision shall take effect 30 days after its notification to the Member States concerned.

Added:Article 1 – paragraph 1 – point 10, Article 8 – title: Procedures for authorisation, suspension and withdrawal of authorisation for the international carriage of passengers over a distance of up to 100 kilometres journey distance

Removed:(The reference in the header relating to the amending act (¨Article 1 – paragraph 1 – point 10¨) corresponds to ¨Article 1 – paragraph 1 – point 9¨ of the Commission’s Proposal. This discrepancy is caused by the incorrect numbering (Article 1 – paragraph 1 – point 7 is duplicated) in the Commission’s proposal in all language versions except for the Greek one))

Regulation (EC) No 1073/2009

Change 19

Removed:Article 1 – paragraph 1 – point 11, Article 8a – title: Procedures for authorisation, and suspension and withdrawal of authorisation for the international carriage of passengers over a distance of 100 kilometres or more as the crow flies

Added:Article 1 – paragraph 1 – point 10, Article 8 – paragraph 1: 1. Authorisations shall be issued in agreement with the competent authorities of all the Member States in whose territories passengers are picked up or set down and are carried over distances defined by each Member State, up to 100 kilometres journey distance. The authorising authority shall send a copy of the application, together with copies of any other relevant documentation, within two weeks of receipt of the application to such competent authorities with a request for their agreement. At the same time, the authorising authority shall forward those documents to the competent authorities of other Member States whose territories are crossed, for information.

Removed:(The reference in the header relating to the amending act (¨Article 1 – paragraph 1 – point 11¨) corresponds to ¨Article 1 – paragraph 1 – point 10¨ of the Commission’s Proposal. This discrepancy is caused by the incorrect numbering (Article 1 – paragraph 1 – point 7 is duplicated) in the Commission’s proposal in all language versions except for the Greek one))

Regulation (EC) No 1073/2009

Change 20

Added:Article 1 – paragraph 1 – point 10, Article 8 – paragraph 2 – subparagraph 1: The competent authorities of the Member States whose agreement has been requested shall notify the authorising authority of their decision within two months. The time limit shall be calculated from the date of receipt of the request for agreement which is demonstrated by the acknowledgement of receipt. If the competent authorities of the Member States whose agreement has been requested do not agree, they shall state the reasons.

Added:Regulation (EC) No 1073/2009

Added:Article 1 – paragraph 1 – point 10, Article 8 – paragraph 3: 3. The authorising authority shall take a decision on the application within three months of the date of submission of the application by the carrier.

Added:Regulation (EC) No 1073/2009

Added:Article 1 – paragraph 1 – point 10, Article 8 – paragraph 4: 4. Authorisation shall be granted unless refusal can be justified on one or more of the objective grounds related to the public interest listed in points (a) to (d) of Article 8c(2).

Added:Regulation (EC) No 1073/2009

Added:Article 1 – paragraph 1 – point 10, Article 8 – paragraph 4 a (new): 4 a. In the event that an international regular bus and coach service has compromised the economic equilibrium of a public service contract, due to exceptional reasons which could not have been foreseen at the time of granting the authorisation and which lay not in the responsibility of the owner of the public service contract, the Member State concerned may, with the agreement of the Commission, suspend or withdraw the authorisation to provide the service, after having given six months’ notice to the carrier. The carrier shall have the possibility to appeal such decision.

Added:Regulation (EC) No 1073/2009

Added:Article 1 – paragraph 1 – point 10, Article 8 – paragraph 6: 6. After having consulted the Member States of the competent authorities which disagreed, the Commission shall, no later than two months from receipt of the communication from the authorising authority, take a decision. The decision shall take effect 30 days after its notification to the competent authorities in the Member States concerned.

Added:Regulation (EC) No 1073/2009

Added:Article 1 – paragraph 1 – point 11, Article 8a – title: Procedures for authorisation, suspension and withdrawal of authorisation for the international carriage of passengers over a distance of over 100 kilometres journey distance

Added:Regulation (EC) No 1073/2009

Article 1 – paragraph 1 – point 11, Article 8a – paragraph 1: 1. The authorising authority shall take a decision on the application without delay and no later than two months of the date of submission of the application by the carrier.

Change 21

Removed:(The reference in the header relating to the amending act (¨Article 1 – paragraph 1 – point 11¨) corresponds to ¨Article 1 – paragraph 1 – point 10¨ of the Commission’s Proposal. This discrepancy is caused by the incorrect numbering (Article 1 – paragraph 1 – point 7 is duplicated) in the Commission’s proposal in all language versions except for the Greek one))