What changed between the draft committee report and the plenary report

Regulation (EC) No 1073/2009

Change 22

Changed:Article 1 – paragraph 1 – point 11, Article 8a – paragraph 2: 2. Authorisation shall be granted unless refusal can be justified on one or more of the grounds listed in points (a) to (c a)(ca) of Article 8c(2).

Change 23

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 24

Removed:Article 1 – paragraph 1 – point 11, Article 8a – paragraph 2 a (new): 2 a. In the event that an international regular bus and coach service has compromised the economic equilibrium of a public service contract as defined in point (c a) of Article 8c(2), due to exceptional circumstances 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 service provider shall have the possibility to appeal the decision.

Added:Article 1 – paragraph 1 – point 11, Article 8a – paragraph 3: 3. The authorising authority shall forward to the competent authorities of all Member States in whose territories passengers are boarding or alighting a copy of the application, together with copies of any other relevant documentation, and its assessment within two weeks of receipt of the application, with a request for their agreement. The authorising authority shall also forward the relevant documents to the competent authorities of the Member States whose territories are crossed without passengers boarding or alighting, 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 25

Removed:Article 1 – paragraph 1 – point 11, Article 8b – paragraph 1: 1. The authorising authority shall take a decision on the application no later than two months of the date of submission of the application by the carrier. This may be extended to four months where an analysis is requested in accordance with points (c a) and (d) of Article 8c(2).

Added:Article 1 – paragraph 1 – point 11, Article 8a – paragraph 3 a (new): 3 a. If one of the competent authorities of the Member States in whose territories passengers are boarding or alighting does not agree to the authorisation for one of the reasons set out in paragraph 2, authorisation may not be granted, but the matter may be referred to the Commission within one month of receipt of its reply.

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 26

Removed:Article 1 – paragraph 1 – point 11, Article 8b – paragraph 2: 2. Authorisations for national regular services shall be granted unless refusal can be justified on one or more of the grounds listed in points (a) to (c a) of Article 8c(2) and, if the service is carrying passengers over a distance of up to, but no more than 100 kilometres as the crow flies, Article 8c(2)(d).

Added:Article 1 – paragraph 1 – point 11, Article 8a – paragraph 3 b (new): 3 b. After having consulted the Member States of the competent authorities which disagreed, the Commission shall, within four months of 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.

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 27

Removed:Article 1 – paragraph 1 – point 11, Article 8c – paragraph 2 – subparagraph 1: Decisions rejecting an application, granting authorisation with limitations, or suspending or withdrawing authorisation shall state the reasons on which they are based. The applicant or the carrier operating the service concerned shall have the possibility to appeal the decisions of the authorising authority.

Added:Article 1 – paragraph 1 – point 11, Article 8a – paragraph 3 c (new): 3 c. The Commission decision shall apply until such time as the Member States reach an agreement and the authorising authority adopts a decision on the application.

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 28

Changed:Article 1 – paragraph 1 – point 11, Article 8c8b – paragraph 21: –1. subparagraphThe 2authorising –authority introductoryshall part:take Ana decision on the application forno authorisationlater shallthan betwo rejectedmonths onlyof onthe onedate orof moresubmission of the followingapplication grounds:by the carrier. This may be extended to three months where an analysis is requested in accordance with Article 8c(2)(d).

Change 29

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 30

Removed:Article 1 – paragraph 1 – point 11, Article 8c – paragraph 2 – subparagraph 2 – point c a (new): (c a) a regulatory body has established that the new service proposed by the applicant will compromise at least one existing or planned public service contract provided that: / - that contract bundles profitable and unprofitable routes, / - the contract operator has not been receiving significant competition -distorting direct public funds, including in the form of regional or municipal subsidies, and / - the contract was awarded via a transparent competitive tendering procedure for a period not exceeding 10 years without a possibility of extension;

Added:Article 1 – paragraph 1 – point 11, Article 8b – paragraph 2: 2. Authorisations for national regular services shall be granted unless refusal can be justified on one or more of the grounds listed in points (a) to (ca) of Article 8c(2) and, if the service is carrying passengers over a distance of up to, but no more than 100 kilometres journey distance, Article 8c(2)(d).

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 31

Removed:Article 1 – paragraph 1 – point 11, Article 8c – paragraph 2 – subparagraph 2 – point d: (d) a regulatory body establishes on the basis of an objective economic analysis that the service would compromise the economic equilibrium of a relevant public service contract.

Added:Article 1 – paragraph 1 – point 11, Article 8b – paragraph 3: deleted

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 32

Removed:Article 1 – paragraph 1 – point 11, Article 8c – paragraph 2 – subparagraph 3: Authorising authorities shall not reject an application solely on the grounds that the carrier offers lower prices than those offered by other road carriers unless the regulatory authority or other relevant national bodies establish that the applicant seeking to enter the market is planning to offer services below their normal value for an extended period of time, and that in doing so it is likely to undermine fair competition. Authorising authorities shall not reject an application solely due to the fact that the link in question is already operated by other road carriers.

Added:Article 1 – paragraph 1 – point 11, Article 8c – paragraph 2 – subparagraph 1: Decisions rejecting an application, granting authorisation with limitations, or suspending or withdrawing authorisation shall state the reasons on which they are based and, where applicable, take into account the analyses of the regulatory body. The applicant or the carrier operating the service concerned shall have the possibility to appeal the decisions of the authorising authority.

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 33

Removed:Article 1 – paragraph 1 – point 11, Article 8d – title: Right of access

Added:Article 1 – paragraph 1 – point 11, Article 8c – paragraph 2 – subparagraph 2 – introductory part: The application for authorisation maybe rejected only on one or more of the following grounds:

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 34

Removed:Article 1 – paragraph 1 – point 11, Article 8d – paragraph 1: 1. Member States may limit the right of access to the international and national market for regular bus and coach services if the proposed regular service meets at least one of the following criteria: / (a) it occurs in an urban or suburban centre or conurbation, or meets the transport needs between it and the surrounding areas; / (b) it has the same public passenger transport function as that of a public service operator to which a competent authority has granted an exclusive right to operate a particular route or network or in a particular area, in return for the discharge of public service obligations within the framework of a public service contract; / (c) carries passengers over distances of less than 100 kilometres as the crow flies and if the service would compromise the economic equilibrium of a public service contract.

Added:Article 1 – paragraph 1 – point 11, Article 8c – paragraph 2 – subparagraph 2 – point b: (b) the applicant has not complied with national or international legislation on road transport, and in particular the conditions and requirements relating to authorisations for international road passenger services, or has committed serious infringements of Union or national or, where appropriate, regional road transport legislation in particular with regard to the rules applicable to vehicle technical requirements and emissions standards as well as driving and rest periods for drivers;

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 35

Changed:Article 1 – paragraph 1 – point 11, Article 8d8c – paragraph 1 a (new): 1 a. When a competent authority has granted exclusive rights to an undertaking on a particular route or network or2 in– asubparagraph particular2 area– topoint performc a public service contract in accordance with Article 3 of Regulation (EC) No 1370/2007 of the European Parliament and of(new): the(c Council*,a) the existence of such rights shallapplicant nothas precluderequested authorisation offor a new commercial regular service to be operatedrun on the same particular route or networkan oralternative inroute, thewhere samea particularcompetent areaauthority providedhas thatgranted thisa regularpublic service meets at least one of the followingoperator criteria:an /exclusive (a)right itto representsprovide acertain differentpublic typepassenger oftransport serviceservices in comparisonreturn tofor the service provided indischarge theof public service contract; / (b) is serving a particular route , network or area that has not already been served as partobligations ofwithin the service providedframework inof thea public service contract; / (c) is plannedcontract toin startaccordance afterwith theArticle expiration3 of the public service contract. / * Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road andCouncil. repealingThis Councilground Regulationsfor (EEC)rejection Nosis 1191/69without andprejudice 1107/70to (OJArticle L8d(1 315a) 3.12.2007,of p.this 1)Regulation;

Change 36

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 37

Removed:Article 1 – paragraph 1 – point 11, Article 8d – paragraph 2 – subparagraph 2: Where such a request has been received, the regulatory body shall carry out the economic analysis. It shall inform the interested parties of its decision.

Added:Article 1 – paragraph 1 – point 11, Article 8c – paragraph 2 – subparagraph 2 – point d: (d) a regulatory body establishes on the basis of an objective economic analysis that the service would compromise the economic equilibrium of a public service contract. That analysis shall assess the relevant structural and geographical characteristics of the market and the network concerned (size, demand characteristics, network complexity, technical and geographical isolation, and the services covered by the contract), and account shall also be taken of whether the new service brings better quality services or more value for money.

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))

Removed:To ensure that the need for protection of public service contracts is not undermined, economic analysis should always be carried out if requested.

Regulation (EC) No 1073/2009

Change 38

Removed:Article 1 – paragraph 1 – point 11, Article 8d – paragraph 4 a (new): 4 a. Member States may further liberalise the authorisation system for national regular services.

Added:Article 1 – paragraph 1 – point 11, Article 8c – paragraph 2 – subparagraph 3: Authorising authorities shall not reject an application solely on the grounds that the carrier requesting authorisation offers lower prices than those offered by other road carriers unless the regulatory authority or other relevant national bodies establish that the applicant seeking to enter the market is planning to offer services below their normal value for an extended period of time, and that in doing so it is likely to undermine fair competition. Authorising authorities shall not reject an application solely due to the fact that the link in question is already operated by other road carriers.

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 39

Removed:Article 1 – paragraph 1 – point 13 a (new), Article 11 – paragraph 3 a (new): (13 a) in Article 11, the following paragraph is added: / “3a. A Member State may decide to require a non-resident carrier to comply with the conditions relating to the requirement of establishment, as laid down in Regulation (EC) No 1071/2009, in the host Member State after authorisation for a national regular service has been granted to this carrier. Such decisions shall state the reasons on which they are based. The decision shall take into account the size and duration of the activity of the non-resident carrier in the host Member State. The non-resident carrier shall be given six months to demonstrate that it has effective and stable establishment. If, after the six-month period, the host Member State establishes that the non-resident carrier does not satisfy the requirement of establishment, it may suspend or withdraw the relevant authorisations granted to it for national regular services.”;

Added:Article 1 – paragraph 1 – point 11, Article 8d – paragraph 1: 1. Member States may limit the right of access to the international and national market for regular bus and coach services if the proposed regular service carries passengers up to 100 kilometres journey distance and if the service would compromise the economic equilibrium of a public service contract, or over any distance if it occurs in an urban or suburban centre or conurbation, or meets the transport needs between it and the surrounding areas, or that the applicant has not complied with road transport or other relevant provisions of national, Union or international law.

Removed:(https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32009R1073&from=EN)

Removed:(The reference in the header relating to the amending act (¨Article 1 – paragraph 1 – point 13 а (new)¨) corresponds to ¨Article 1 – paragraph 1 – point 12 a (new)¨ 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