Plenary report, 28 January 2019
On the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1073/2009 on common rules for access to the international market for coach and bus services
Report A-8-2019-0032 · (COM(2017)0647 – C80396/2017 – 2017/0288(COD)) · A8-0032/2019
Committee on Transport and Tourism · Rapporteur: Roberts Zīle
AI:In short
Parliament's amended version of the Commission proposal to amend Regulation (EC) No 1073/2009 on access to the international coach and bus market. It extends the rules to all inter-urban regular services, keeps them out of urban centres, and requires each member state to designate an independent regulatory body. It sets authorisation procedures for services up to 100 kilometres journey distance and over 100 kilometres, with deadlines, grounds for refusal and a role for the Commission when authorities disagree. It protects public service contracts: member states may limit access where a service would compromise a contract's economic equilibrium, and authorisation may be suspended or withdrawn with six months' notice. It lays down rules on terminal access, cabotage, journey forms, reporting and delegated acts, and allows member states to require establishment of non-resident carriers or to liberalise further.
Position. The Committee on Transport and Tourism proposes to amend the Commission proposal to further liberalise the coach and bus market while protecting public service contracts and urban areas, ensuring fair competition and allowing member states flexibility.
Key points
- Regulation (EC) No 1073/2009 would apply to all inter-urban regular services, but not to urban or suburban centres or conurbations, and without prejudice to Regulation (EC) No 1370/2007.
- Each member state must designate an independent and impartial national public regulatory body for road passenger transport, which may also cover other regulated services.
- The regulatory body monitors competition, issues binding opinions, collects information on terminal access, decides appeals against terminal operators and creates a public electronic register of authorised regular services.
- Information requested by the regulatory body must be supplied within one month, extendable by up to two weeks, and requests can be enforced with penalties.
- Terminal access must be fair, equitable, non-discriminatory and transparent; refusals are allowed only on justified grounds such as lack of capacity or repeated failure to pay fees, and must be notified to the regulatory authority.
- Terminal operators must decide on access applications without delay and no later than one month, and must publish information including infrastructure and technical specifications in the respective national language and one other official Union language.
- Member states may exclude terminals owned and used solely by the terminal operator for its own road passenger transport services.
- For international services up to 100 kilometres journey distance, authorisations are issued in agreement with the member states concerned, which must reply within two months; the authorising authority decides within three months.
- For international services over 100 kilometres journey distance, the authorising authority decides within two months; if a member state disagrees, the Commission decides within four months.
- Authorisation may be refused on grounds including non-compliance with road transport legislation, serious infringements, exclusive rights under a public service contract, or a regulatory body finding that the service would compromise a public service contract's economic equilibrium.
- Member states may limit market access for services up to 100 kilometres journey distance that would compromise a public service contract, or over any distance in urban or suburban centres, and may further liberalise their authorisation systems.
- Cabotage rules are set: regular services by non-resident carriers in the course of an international service are allowed, occasional services need a journey form, and posting rules under Directive 96/71/EC apply.
Who is affected
- Coach and bus operators: face new authorisation procedures, terminal access rules and possible establishment requirements in host member states.
- Member states: must designate a regulatory body, may limit access to protect public service contracts and may exclude certain terminals.
- Terminal operators: must grant access on fair terms, decide applications within one month and publish specified information.
- Passengers: the rules aim to improve availability and quality of inter-urban coach and bus services.
Figures and deadlines
- 100 kilometres journey distance: threshold for authorisation procedures and for limiting market access.
- one month: deadline for terminal operators to decide on access applications.
- two months: deadline for member states to reply on authorisation for services up to 100 kilometres.
- three months: deadline for the authorising authority to decide on services up to 100 kilometres.
- two months: deadline for the authorising authority to decide on services over 100 kilometres.
- four months: deadline for the Commission to decide when member states disagree on services over 100 kilometres.
- six months' notice: required before suspending or withdrawing an authorisation that compromised a public service contract.
- 31 January: annual deadline for member states to communicate authorisation data to the Commission.
Legal basis. Article 294(2) and Article 91(1) of the Treaty on the Functioning of the European Union.
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Text 4 paragraphs
Plenary sitting
28.1.2019
***I
REPORT
Draft european parliament legislative resolution 457 paragraphs
on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1073/2009 on common rules for access to the international market for coach and bus services
(COM(2017)0647 – C80396/2017 – 2017/0288(COD))
(Ordinary legislative procedure: first reading)
The European Parliament,
– having regard to the Commission proposal to Parliament and the Council (COM(2017)0647),
– having regard to Article 294(2) and Article 91(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C80396/2017),
– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
– having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Irish Houses of the Oireachtas, asserting that the draft legislative act does not comply with the principle of subsidiarity,
– having regard to the opinion of the European Economic and Social Committee of 19 April 2018,
– after consulting the Committee of the Regions,
– having regard to Rule 59 of its Rules of Procedure,
– having regard to the report of the Committee on Transport and Tourism (A8-0032/2019),
1. Adopts its position at first reading hereinafter set out;
2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1
Proposal for a regulation
Recital 1
| Text proposed by the Commission | Amendment |
|---|---|
| (1) The application of Regulation (EC) No 1073/2009 of the European Parliament and of the Council17 has revealed that operators in national markets are facing obstacles to the development of inter-urban coach services. Moreover, road passenger transport services have not kept pace with the evolving needs of citizens in terms of availability and quality and sustainable transport modes continue to have a low modal share. As a consequence, certain groups of citizens are placed at a disadvantage in terms of availability of passenger transport services, and there are more road accidents, emissions and congestion due to greater use of cars. | (1) The application of Regulation (EC) No 1073/2009 of the European Parliament and of the Council17 has revealed that some operators in national markets are facing unjustified obstacles to the development of inter-urban coach services of benefit to passengers. Moreover, road passenger transport services have not kept pace with the evolving needs of citizens in terms of availability and quality and sustainable transport modes continue to have a low modal share. As a consequence, certain groups of citizens are placed at a disadvantage in terms of availability of passenger transport services, and there are more road accidents, emissions, congestion and increased infrastructure costs due to greater use of cars. |
| 17 Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p. 88). | 17 Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p. 88). |
Amendment 2
Proposal for a regulation
Recital 2
| Text proposed by the Commission | Amendment |
|---|---|
| (2) To ensure a coherent framework for the inter-urban carriage of passengers by regular coach and bus services throughout the Union, Regulation (EC) No 1073/2009 should apply to all inter-urban carriage by regular services. The scope of that Regulation should therefore be extended. | (2) To ensure a coherent framework for the inter-urban carriage of passengers by regular coach and bus services throughout the Union, Regulation (EC) No 1073/2009 should apply to all inter-urban carriage by regular services. The scope of that Regulation should therefore be extended, but should not be applied to urban or suburban centres or conurbations and should be without prejudice to the provisions of Regulation (EC) No 1370/2007. |
Amendment 3
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
|---|---|
| (3) An independent and impartial regulatory body should be designated in each Member State to ensure the proper functioning of the road passenger transport market. That body may also be responsible for other regulated sectors such as rail, energy or telecommunications. | (3) Each Member State should designate an independent and impartial regulatory body, with the task of issuing binding opinions, to ensure the proper functioning of the road passenger transport market. That body may also be responsible for other regulated sectors such as rail, energy or telecommunications. |
Amendment 4
Proposal for a regulation
Recital 4
| Text proposed by the Commission | Amendment |
|---|---|
| (4) Commercial regular service operations should not compromise the economic equilibrium of existing public service contracts. For this reason, the regulatory body should be able to carry out an objective economic analysis to ensure that this is the case. | (4) Commercial regular service operations should not compromise the economic equilibrium of existing or granted public service contracts in accordance with Regulation 1370/2007. For this reason, the regulatory body should be able to carry out an objective economic analysis and should have the authority, where appropriate, to propose measures necessary to ensure that this is the case. Commercial regular service operations should not compete with transport providers who have been granted exclusive rights to provide certain public passenger transport services in return for the discharge of public service obligations within the framework of a public service contract. |
Amendment 5
Proposal for a regulation
Recital 5
| Text proposed by the Commission | Amendment |
|---|---|
| (5) Regular services in the form of cabotage operations should be conditional on the possession of a Community licence. In order to facilitate effective controls of those services by enforcement authorities, the rules regarding the issuing of Community licences should be clarified. | (5) The operation of regular services in the form of cabotage operations should beconditional on the possession of a Community licence and the use of a smart tachograph in accordance with Chapter II of Regulation (EU) No 165/2014 of the European Parliament and of the Council. In order to facilitate effective controls of those services by enforcement authorities, the rules regarding the issuing of Community licences should be clarified and the IMI module developed for the sending of posting declarations and electronic applications, enabling the inspectors carrying out the roadside checks to have direct real-time access to data and information contained in the European Register of Road Transport Undertakings (ERRU) and in the Internal Market Information System (IMI) and so as to ensure that social contributions are actually paid for posted bus drivers. |
Amendment 6
Proposal for a regulation
Recital 6
| Text proposed by the Commission | Amendment |
|---|---|
| (6) In order to ensure fair competition in the market, operators of regular services should be provided with access rights to terminals in the Union on fair, equitable, non-discriminatory and transparent terms. Appeals against decisions rejecting or limiting access should be lodged with the regulatory body. | (6) In order to ensure fair competition in the market, operators of regular services should be provided with access rights to terminals in the Union on fair, equitable, non-discriminatory and transparent terms. The operation of a terminal should be approved by a national authority, which should verify which requirements are necessary and which must be fulfilled. Appeals against decisions rejecting or limiting access should be lodged with the regulatory body. Member States might exclude terminals that are owned and used solely by the terminal operator for its own road passenger transport services. |
Amendment 7
Proposal for a regulation
Recital 8
| Text proposed by the Commission | Amendment |
|---|---|
| (8) Authorisation for both national and international regular services should be subject to an authorisation procedure. Authorisation should be granted, unless there are specific grounds for refusal attributable to the applicant, or the service would compromise the economic equilibrium of a public service contract. A distance threshold should be introduced to ensure that commercial regular service operations do not compromise the economic equilibrium of existing public service contracts. In the case of routes already served by more than one public service contract, it should be possible to increase that threshold. | (8) Authorisation for both national and international regular services should be subject to an authorisation procedure. Authorisation should be granted, unless there are specific grounds for refusal attributable to the applicant, or the service would compromise the economic equilibrium of a public service contract. A distance threshold, determined by the Member States, which should in any event not exceed 100 kilometres journey distance, should be introduced to ensure that commercial regular service operations do not compromise the economic equilibrium of existing public service contracts. |
Amendment 8
Proposal for a regulation
Recital 9
| Text proposed by the Commission | Amendment |
|---|---|
| (9) Non-resident carriers should be able to operate national regular services under the same conditions as resident carriers. | (9) Non-resident carriers should be able to operate national regular services under the same conditions as resident carriers, as long as they have complied with road transport or other relevant provisions of national, Union and international law. |
Amendment 9
Proposal for a regulation
Recital 10
| Text proposed by the Commission | Amendment |
|---|---|
| (10) Administrative formalities should be reduced as much as possible without abandoning the controls and penalties that guarantee the correct application and effective enforcement of Regulation (EC) No 1073/2009. The journey form constitutes an unnecessary administrative burden and should therefore be abolished. | (10) Administrative formalities should be reduced where possible without abandoning the controls and penalties that guarantee the correct application and effective enforcement of Regulation (EC) No 1073/2009. |
Amendment 10
Proposal for a regulation
Recital 11
| Text proposed by the Commission | Amendment |
|---|---|
| (11) Local excursions are an authorised cabotage operation and are covered by the general rules on cabotage. The article on local excursions should therefore be deleted. | deleted |
Amendment 11
Proposal for a regulation
Recital 14
| Text proposed by the Commission | Amendment |
|---|---|
| (14) In order to take into account market developments and technical progress the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend Annexes I and II to Regulation (EC) No 1073/2009, and to supplement that Regulation with rules concerning the format of certificates for own-account transport operations, the format of applications for authorisations and authorisations themselves, the procedure and criteria to be followed to determine if a proposed service would compromise the economic equilibrium of a public service contract, and the reporting obligations of Member States. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in line with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making18 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as the Member States’ experts, and the European Parliament and the Council experts should systematically have access to the Commission’s expert group meetings dealing with the preparation of delegated acts. | (14) In order to take into account market developments and technical progress the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend Annexes I and II to Regulation (EC) No 1073/2009, and to supplement that Regulation with rules concerning the format of certificates for own-account transport operations, the format of applications for authorisations and authorisations themselves, the procedure and criteria to be followed to determine if a proposed service would compromise the equilibrium of a public service contract, and the reporting obligations of Member States. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in line with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making18 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as the Member States’ experts, and the European Parliament and the Council experts should systematically have access to the Commission’s expert group meetings dealing with the preparation of delegated acts. |
| 18 OJ L 123, 12.5.2016, p. 1. | 18 OJ L 123, 12.5.2016, p. 1. |
Amendment 12
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 1073/2009
Article 1 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. This Regulation shall apply to national road passenger services for hire or reward operated by a non-resident carrier as provided for in Chapter V.; | 4. This Regulation shall apply to national interurban road passenger services for hire or reward operated by a non-resident carrier as provided for in Chapter V, and shall be without prejudice to the provisions of Regulation (EC) No 1370/2007. |
Amendment 13
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c
Regulation (EC) No 1073/2009
Article 2 – paragraph 1 – point 9
| Text proposed by the Commission | Amendment |
|---|---|
| 9. ‘terminal’ means any facility with a minimum area of 600m2, which provides a parking place that is used by coaches and buses for the setting down or picking up of passengers; | 9. ‘terminal’ means an authorised facility which provides a parking place that is used by coaches and buses for the alighting or boarding of passengers; |
Amendment 14
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c
Regulation (EC) No 1073/2009
Article 2 – paragraph 1 – point 10
| Text proposed by the Commission | Amendment |
|---|---|
| 10. ‘terminal operator’ means any entity responsible for granting access to a terminal; | 10. ‘terminal operator’ means any entity in a Member State responsible for the management of a terminal, which meets professional competence and financial capacity requirements. |
Amendment 15
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c
Regulation (EC) No 1073/2009
Article 2 – paragraph 1 – point 11
| Text proposed by the Commission | Amendment |
|---|---|
| 11. ‘viable alternative’ means another terminal which is economically acceptable to the carrier, and allows it to operate the passenger service concerned.; | 11. ‘viable alternative’ means another terminal which is economically acceptable to the carrier and provides comparable infrastructure and connectivity to the terminal originally applied for, allows passengers access to other forms of public transport, and allows the carrier to operate the passenger service concerned in a similar manner to the terminal originally applied for. |
Amendment 16
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c
Regulation (EC) No 1073/2009
Article 2 – paragraph 1 – point 11 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 11a. ‘public service contract’ means one or more legally binding acts confirming the agreement between a competent authority and a public service operator to entrust to that public service operator the management and operation of public passenger transport services subject to public service obligations; depending on the law of the Member State, the contract may also consist of a decision adopted by the competent authority taking the form of an individual legislative or regulatory act, or containing conditions under which the competent authority itself provides the services or entrusts the provision of such services to an internal operator; |
Justification
The public service contract should be defined pursuant to Regulation (EC) 1370/2007.
Amendment 17
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c
Regulation (EC) No 1073/2009
Article 2 – paragraph 1 – point 11 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 11b. ‘alternative route’ means a route between the same starting point and destination taken by an existing regular service that can be used instead. |
Amendment 18
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3a – paragraph 1 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Each Member State shall designate a single national regulatory body for the road passenger transport sector. That body shall be an impartial authority which is, in organisational, functional, hierarchical and decision making terms, legally distinct and independent from any other public or private entity. It shall be independent from any competent authority involved in the award of a public service contract. | The competent authorities in each Member State shall designate a national public regulatory body for the road passenger transport sector. That body shall be an impartial authority which is, in organisational, functional, hierarchical and decision making terms, legally distinct, transparent and independent from any other public or private entity. It shall be independent from any competent authority involved in the award of a public service contract. |
Amendment 19
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3a – paragraph 1 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| The regulatory body may be responsible for other regulated sectors. | The regulatory body may be an existing body which is responsible for other regulated services. |
Amendment 20
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3a – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The regulatory body for the road passenger transport sector shall have the necessary organisational capacity in terms of human and other resources, which shall be proportionate to the importance of that sector in the Member State concerned. | 2. The regulatory body for the road passenger transport sector shall have the necessary organisational capacity in terms of human, financial and other resources to fulfil its duties, which shall be proportionate to the importance of that sector in the Member State concerned. |
Amendment 21
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3a – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. Without prejudice to the powers of the national competition authorities, the regulatory body shall have the power to monitor the competitive situation in the domestic market for regular passenger transport services by road, with a view to preventing discrimination or the abuse of a dominant position in the market, including through sub-contracting. Its opinions shall be binding. |
Amendment 22
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3a – paragraph 3 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) collect and provide information on access to terminals; and | (b) collect and provide information on access to terminals with an aim of ensuring that access to the terminals for service operators is granted under fair, equitable, non-discriminatory and transparent conditions; |
Amendment 23
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3a – paragraph 3 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) decide on appeals against decisions of terminal operators. | (c) decide on appeals against decisions of terminal operators; and |
Amendment 24
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3a – paragraph 3 – point c a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (c a) create a publicly accessible electronic register, listing all authorised national and international regular services. |
Amendment 25
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3a – paragraph 4 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| The regulatory body may, in exercising its tasks, request relevant information from the competent authorities, terminal operators, applicants for authorisation and any third party involved within the territory of the Member State concerned. | The regulatory body may, in exercising its tasks, request relevant information from other competent authorities, terminal operators, applicants for authorisation and any third party involved within the territory of the Member State concerned. |
Amendment 26
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3a – paragraph 4 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| Information requested shall be supplied within a reasonable period set by the regulatory body and not exceeding one month. In 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. | 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. |
Amendment 27
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3a – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Member States shall ensure that decisions taken by the regulatory body are subject to 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. | 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. |
Amendment 28
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3a – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| 6. Decisions taken by the regulatory body shall be made public.; | 6. Decisions taken by the regulatory body shall be made public within two weeks of their adoption; |
Amendment 29
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1073/2009
Article 5a – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1 a. Where terminal operators grant access, bus and coach operators shall comply with the terminal’s existing terms and conditions. |
Amendment 30
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1073/2009
Article 5a – paragraph 2 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| Requests for access may be refused only on the grounds of lack of capacity. | 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. |
Amendment 31
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1073/2009
Article 5a – paragraph 2 – subparagraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| Where a terminal operator refuses a request for access, it shall indicate any viable alternatives. | Where a terminal operator refuses a request for access, it is encouraged to indicate best viable alternatives of which it is aware. |
Amendment 32
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1073/2009
Article 5a – paragraph 3 – subparagraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| Terminal operators shall publish at least the following information in two or more official languages of the Union: | Terminal operators shall publish at least the following information in the respective national languages and one other official language of the Union: |
Amendment 33
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1073/2009
Article 5a – paragraph 3 – subparagraph 1 – point a a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (aa) a list of all existing infrastructure and technical specifications of the terminal; |
Amendment 34
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1073/2009
Article 5a – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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.”; |
Amendment 35
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EC) No 1073/2009
Article 5b – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. If access cannot be granted as requested in the application, the terminal operator shall initiate consultations with all interested carriers with a view to accommodating the application. | deleted |
Amendment 36
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EC) No 1073/2009
Article 5b – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The terminal operator shall take a decision on any application for access to a terminal within two months of the date of submission of the application by the carrier. Decisions on access shall state the reasons on which they are based. | 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. |
Amendment 37
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EC) No 1073/2009
Article 5b – paragraph 5 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| The decision of the regulatory body on the appeal shall be binding. The regulatory body shall be able to enforce it by means of penalties which are effective, proportionate and dissuasive | 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. |
Amendment 38
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EC) No 1073/2009
Article 8 – title
| Text proposed by the Commission | Amendment |
|---|---|
| Authorisation procedure for the international carriage of passengers over a distance of less than 100 kilometres as the crow flies | Procedures for authorisation, suspension and withdrawal of authorisation for the international carriage of passengers over a distance of up to 100 kilometres journey distance |
Amendment 39
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EC) No 1073/2009
Article 8 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 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 less than 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. | 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. |
Amendment 40
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EC) No 1073/2009
Article 8 – paragraph 2 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| The competent authorities of the Member States whose agreement has been requested shall notify the authorising authority of their decision within three 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. | 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. |
Amendment 41
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EC) No 1073/2009
Article 8 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The authorising authority shall take a decision on the application within four months of the date of submission of the application by the carrier. | 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. |
Amendment 42
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EC) No 1073/2009
Article 8 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Authorisation shall be granted unless refusal can be justified on one or more of the grounds listed in points (a) to (d) of Article 8c(2). | 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). |
Amendment 43
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EC) No 1073/2009
Article 8 – paragraph 4 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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. |
Amendment 44
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EC) No 1073/2009
Article 8 – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| 6. After having consulted the Member States of the competent authorities which disagreed, the Commission shall, within 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. | 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. |
Amendment 45
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8a – title
| Text proposed by the Commission | Amendment |
|---|---|
| Authorisation procedure for the international carriage of passengers over a distance of 100 kilometres or more as the crow flies | Procedures for authorisation, suspension and withdrawal of authorisation for the international carriage of passengers over a distance of over 100 kilometres journey distance |
Amendment 46
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8a – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The authorising authority shall take a decision on the application within two months of the date of submission of the application by the carrier. | 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. |
Amendment 47
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8a – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Authorisation shall be granted unless refusal can be justified on one or more of the grounds listed in points (a) to (c) of Article 8c(2). | 2. Authorisation 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). |
Amendment 48
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8a – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The authorising authority shall forward to the competent authorities of all Member States in whose territories passengers are picked up or set down, as well as to the competent authorities of Member States whose territories are crossed without passengers being picked up or set down, a copy of the application, together with copies of any other relevant documentation, and its assessment, for information. | 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. |
Amendment 49
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8a – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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. |
Amendment 50
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8a – paragraph 3 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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. |
Amendment 51
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8a – paragraph 3 c (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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. |
Amendment 52
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8b – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The authorising authority shall take a decision on the application within 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 Article 8c(2)(d). | 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 three months where an analysis is requested in accordance with Article 8c(2)(d). |
Amendment 53
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8b – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 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) of Article 8c(2) and, if the service is carrying passengers over a distance of less than 100 kilometres as the crow flies, Article 8c(2)(d). | 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). |
Amendment 54
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8b – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The distance referred to in paragraph 2 may be increased to 120 kilometres if the regular service to be introduced will serve a point of departure and a destination which are already served by more than one public service contract. | deleted |
Amendment 55
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8c – paragraph 2 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Decisions rejecting an application or granting authorisation with limitations shall state the reasons on which they are based. | 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. |
Amendment 56
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8c – paragraph 2 – subparagraph 2 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| Authorisation shall be granted unless rejection can be justified on one or more of the following grounds: | The application for authorisation maybe rejected only on one or more of the following grounds: |
Amendment 57
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8c – paragraph 2 – subparagraph 2 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (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 road transport legislation in particular with regard to the rules applicable to vehicles and driving and rest periods for drivers; | (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; |
Amendment 58
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8c – paragraph 2 – subparagraph 2 – point c a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (c a) the applicant has requested authorisation for a regular service to run on the same route or an alternative route, where a competent authority has granted a public service operator an exclusive right to provide certain public passenger transport services in return for the discharge of public service obligations within the framework of a public service contract in accordance with Article 3 of Regulation (EC) No 1370/2007 of the European Parliament and of the Council. This ground for rejection is without prejudice to Article 8d(1 a) of this Regulation; |
Amendment 59
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8c – paragraph 2 – subparagraph 2 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (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. | (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. |
Amendment 60
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8c – paragraph 2 – subparagraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| Authorising authorities shall not reject an application solely on the grounds that the carrier offers lower prices than those offered by other road carriers or the fact that the link in question is already operated by other road carriers. | 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. |
Amendment 61
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8d – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States may limit the right of access to the international and national market for regular services if the proposed regular service 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. | 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. |
Amendment 62
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8d – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1 a. Where a competent authority has granted exclusive rights to an undertaking performing a public service in accordance with Article 3 of Regulation (EC) No 1370/2007, the protection of the exclusive rights shall only relate to the operation of public passenger transport services serving the same or alternative routes. That grant of exclusive rights shall not preclude the authorisation of new regular services where those services are not competing with the service provided in the public service contract, or operate on other routes. |
Amendment 63
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8d – paragraph 2 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| The regulatory body shall examine the request and decide whether to carry out the economic analysis. It shall inform the interested parties of its decision. | Where such a request has been received, the regulatory body shall examine the request and may decide whether to carry out the economic analysis in accordance with Article 8c(2)(d) unless there are exceptional practical or other reasons justifying a decision not to do so. It shall inform the interested parties of its decision. |
Amendment 64
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8d – paragraph 3 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Where the regulatory body carries out an economic analysis, it shall inform all interested parties of the results of that analysis and its conclusions within six weeks following receipt of all relevant information. The regulatory body may conclude that the authorisation is to be granted, is to be granted subject to conditions or is to be rejected. | Where the regulatory body carries out an economic analysis, it shall inform all interested parties of the results of that analysis and its conclusions as soon as possible, and no later than 3 months following receipt of all relevant information. The regulatory body may conclude that the authorisation is to be granted, is to be granted subject to conditions or is to be rejected. |
Amendment 65
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 d – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. The Commission is empowered to adopt delegated acts in accordance with Article 26 establishing the procedure and criteria to be followed for the application of this Article.; | 5. The Commission is empowered to adopt delegated acts in accordance with Article 26 establishing the procedure and criteria to be followed for the application of this Article, in particular in carrying out the economic analysis. |
Amendment 66
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8d – paragraph 5 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 5 a. Member States may further liberalise the authorisation system for national regular services with regard to authorisation procedures and kilometre thresholds. |
Amendment 67
Proposal for a regulation
Article 1 – paragraph 1 – point 13 a (new)
Regulation (EC) No 1073/2009
Article 11 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (13 a) In Article 11, the following paragraph 3a 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 of the European Parliament and of the Council *, in the host Member State after authorisation for a national regular service has been granted to this carrier and before the carrier starts to operate the relevant service. 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. If the host Member State establishes that the non-resident carrier does not satisfy the requirement of establishment, it may withdraw the relevant authorisations granted to it for national regular services or suspend them until the requirement is met.” | |
| * Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51) |
(https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32009R1073&qid=1548063430167&from=EN)
Amendment 68
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Regulation (EC) No 1073/2009
Article 13
| Text proposed by the Commission | Amendment |
|---|---|
| (15) Article 13 is deleted; | deleted |
(The reference in the header relating to the amending act (¨Article 1 – paragraph 1 – point 15¨) corresponds to ¨Article 1 – paragraph 1 – point 14¨ 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))
Justification
Reintroduction of the relevant article is necessary to ensure that local excursions are considered as one single international transport service and not as cabotage operations.
Amendment 69
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Regulation (EC) No 1073/2009
Article 15 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) occasional services carried out on a temporary basis; | (b) occasional services; |
(The reference in the header relating to the amending act (¨Article 1 – paragraph 1 – point 16¨) corresponds to ¨Article 1 – paragraph 1 – point 15¨ 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))
Amendment 70
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Regulation (EC) No 1073/2009
Article 15 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) regular services performed in accordance with this Regulation.; | (c) regular services performed in accordance with this Regulation by a carrier not resident in the host Member State, in the course of a regular international service in accordance with this Regulation, with the exception of transport services meeting the needs of an urban centre or conurbation, or transport needs between it and the surrounding areas. Cabotage operations shall not be carried out independently of that international service. |
Amendment 71
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Regulation (EC) No 1073/2009
Article 15 – paragraph 1 – point c a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (c a) regular services performed by a carrier not resident in the host Member State, in the course of a regular national service in accordance with this Regulation. |
Amendment 72
Proposal for a regulation
Article 1 – paragraph 1 – point 16 a (new)
Regulation (EC) No 1073/2009
Article 16 – paragraph 1 – introductory part
| Present text | Amendment |
|---|---|
| (16a) in Article 16(1), the introductory part is replaced by the following: | |
| 1. The performance of the cabotage operations shall be subject, save as otherwise provided in Community legislation, to the laws, regulations and administrative provisions in force in the host Member State with regard to the following: | "1. The performance of the cabotage operations shall be subject, save as otherwise provided in Community legislation, to Directive 96/71/EC of the European Parliament and of the Council* and the laws, regulations and administrative provisions in force in the host Member State with regard to the following: |
| * Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1) |
(https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:300:0088:0105:EN:PDF)
Amendment 73
Proposal for a regulation
Article 1 – paragraph 1 – point 17
Regulation (EC) No 1073/2009
Article 17
| Text proposed by the Commission | Amendment |
|---|---|
| (17) Article 17 is deleted; | deleted |
Amendment 74
Proposal for a regulation
Article 1 – paragraph 1 – point 17 a (new)
Regulation (EC) No 1073/2009
Article 17
| Present text | Amendment |
|---|---|
| (17a) Article 17 is replaced by the following: | |
| “Article 17 | “Article 17 |
| Control documents for cabotage operations | Control documents for cabotage operations |
| 1. Cabotage operations in the form of occasional services shall be carried out under cover of a journey form as referred to in Article 12 which shall be kept on board the vehicle and be presented at the request of any authorised inspecting officer. | 1. Cabotage operations in the form of occasional services shall be carried out under cover of a journey form, on paper or in digital format, which shall be presented at the request of any authorised inspector. |
| 2. The following information shall be entered in the journey form: | 2. The following information shall be entered in the journey form: |
| (a) the points of departure and arrival of the service; | (a) the points of departure and arrival of the service; |
| (b) the date of departure and the date on which the service ends. | (b) the date of departure and the date on which the service ends. |
| 3. The journey forms shall be supplied in books as referred to in Article 12 certified by the competent authority or body in the Member State of establishment. | |
| 4. In the case of special regular services, the contract concluded between the carrier and the transport organiser, or a certified true copy thereof, shall serve as the control document. | 4. In the case of special regular services, the contract concluded between the carrier and the transport organiser, or a certified true copy thereof, shall serve as the control document. However, a journey form shall be filled out in the form of a monthly statement. |
| However, a journey form shall be filled out in the form of a monthly statement | |
| 5. The journey forms used shall be returned to the competent authority or body in the Member State of establishment in accordance with procedures to be laid down by that authority or body. | 5. During checks, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may provide the requested documents." |
Amendment 75
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Regulation (EC) No 1073/2009
Article 28 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Each year, by 31 January at the latest, and for the first time by 31 January […the first January following the entry into force of this Regulation] Member States shall communicate to the Commission the number of authorisations for regular services issued the previous year and the total number of authorisations for regular services valid on 31 December of that year. That information shall be given separately for each Member State of destination of the regular service. Member States shall also communicate to the Commission the data concerning cabotage operations, in the form of special regular services and occasional services, carried out during the previous year by resident carriers. | 1. Each year, by 31 January at the latest, and for the first time by 31 January […the first January following the entry into force of this Regulation] the competent authorities of the Member States shall communicate to the Commission the number of authorisations for regular services issued the previous year and the total number of authorisations for regular services valid on 31 December of that year. That information shall be given separately for each Member State of destination of the regular service. Member States shall also communicate to the Commission the data concerning cabotage operations, in the form of special regular services and occasional services, carried out during the previous year by resident carriers. |
Amendment 76
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Regulation (EC) No 1073/2009
Article 28 – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. By [please insert the date calculated 5 years after date of application of this Regulation], the Commission shall submit a report to the European Parliament and the Council on the application of this Regulation. The report shall include information on the extent to which this Regulation has contributed to a better functioning road passenger transport market. | 5. By … [5 years after the date of application of this Regulation], the Commission shall submit a report to the European Parliament and the Council on the application of this Regulation. The report shall include information on the extent to which this Regulation has contributed to a better functioning road passenger transport system, in particular for passengers, the bus and coach workforce and the environment." |
Explanatory statement 15 paragraphs
Busses and coaches are one of the most accessible and most important modes of transport in the EU. They connect rural and urban areas of the Member States, often being the only means of public transportation available in certain regions. It is therefore vital that passengers receive the best service possible. Fair and healthy competition is the best way to achieve that.
Your Rapporteur welcomes the Commission’s proposal for amending the relevant regulation which seeks to open the business for non-resident carriers that are currently prevented from entering a national market to offer inter-urban coach services. As such, a carrier from a country A should be able to freely offer national services from point X to point Y in a country B. Discrimination on grounds of nationality or place of establishment cannot be permitted in the single market.
With the below amendments, Your Rapporteur has kept the spirit of the proposal — further liberalisation of the bus and coach markets — in place. At the same time, Your Rapporteur takes into account the fact that the situation in the bus market varies from one country to another and has also been careful not to undermine the well-functioning systems of certain Member States.
Protection of public service contracts and urban areas
Public service contracts (PSCs) serve a specific and an invaluable purpose. Proper protection of such contracts is necessary to ensure that opening up of the bus and coach market does not result in fewer services for the relevant regions and just cherry picking of the profitable routes by the new entrants in the market. For that reason Your Rapporteur has introduced a new clause whereby authorisation for a new service can effectively be denied even over the Commission’s proposed 100 km ceiling if the relevant service undermines an existing PSC that has been tendered in a transparent way without possibility of extension, bundles together profitable and unprofitable routes and receives no significant public subsidies that risk undermining the level playing field.
Moreover, authorisation for an existing service can even be suspended or withdrawn if a regulatory body establishes on the basis of an objective economic analysis that the service has compromised the economic equilibrium of an existing public service contract. Your Rapporteur is hopeful that these measures are sufficient and proportionate to make sure that PSCs are adequately protected while the market is opened for competition.
To further alleviate the concerns, Your Rapporteur has introduced an additional provision whereby Member States may limit the right of access to a national regular service if, among other things, it comes into contact with an urban or suburban centre or if the proposed service is performing the same public passenger transport service on a particular route or network where a competent authority has granted a public service operator an exclusive right in return for the discharge of public service obligations within the framework of a PSC.
Ensuring fair competition and guarding against the abuse of market power
In addition to protecting the PSCs, Your Rapporteur seeks to prevent situations whereby opening up of the relevant market leads to other unwanted outcomes. The proposed regulatory body should ensure there is a level playing field and fair competition amongst the carriers. That includes prevention of the abuse of significant market power or monopoly position, including through sub-contracting, or establishment of such market conditions. Moreover, authorising authorities would be permitted to reject an application if the regulatory authority establishes that the applicant seeking to enter the market is planning to offer services below their normal value for an extended period of time, thus undermining fair competition.
Establishment requirement and the possibility for a more liberal regime
To prevent the abuse of the spirit of the proposal and to accommodate the more stringent requirements of some Member States, Your Rapporteur has also introduced a possibility for Member States to require the establishment of the carrier in the host Member State after authorisation for a national regular service has been granted.
At the same time, Your Rapporteur has clarified that those Member States that already have a more liberal regime in place are allowed to keep it. Equally, Member States that want to open up the market beyond the requirements set out in this proposal, shall be permitted to do so.
Ensuring a level playing field
With other minor, yet some very necessary amendments Your Rapporteur has strived to further improve and clarify the spirit of the proposal. For instance, to ensure that private ownership is protected, Member States may exclude terminals that are owned and used solely by the terminal operator for its own road passenger transport services.
Your Rapporteur is therefore confident that the amended proposal has addressed the concerns not only of those seeking more protection, especially for the PSCs, but also those who are seeking a more liberal approach. The amended proposal strives to find the right balance between the interests of the passengers, transport companies as well as local, regional and national authorities. Your Rapporteur is optimistic that this proposal helps to move closer towards a truly single and fair bus and coach market in the European Union.
Procedure pages
How the committees handled the text, and how their members voted on it.
Procedure – committee responsible 1 paragraph
| Title | Common rules for access to the international market for coach and bus services | ||
| References | COM(2017)0647 – C8-0396/2017 – 2017/0288(COD) | ||
| Date submitted to Parliament | 8.11.2017 | ||
| Committee responsible Date announced in plenary | TRAN 29.11.2017 | ||
| Committees asked for opinions Date announced in plenary | EMPL 29.11.2017 | ||
| Not delivering opinions Date of decision | EMPL 7.12.2017 | ||
| Rapporteurs Date appointed | Roberts Zīle 16.1.2018 | ||
| Discussed in committee | 1.2.2018 | 10.7.2018 | 5.11.2018 |
| Date adopted | 22.1.2019 | ||
| Result of final vote | +: –: 0: | 26 14 1 | |
| Members present for the final vote | Daniela Aiuto, Lucy Anderson, Inés Ayala Sender, Georges Bach, Izaskun Bilbao Barandica, Deirdre Clune, Michael Cramer, Luis de Grandes Pascual, Andor Deli, Isabella De Monte, Ismail Ertug, Jacqueline Foster, Dieter-Lebrecht Koch, Innocenzo Leontini, Bogusław Liberadzki, Peter Lundgren, Elżbieta Katarzyna Łukacijewska, Marian-Jean Marinescu, Georg Mayer, Gesine Meissner, Gabriele Preuß, Christine Revault d’Allonnes Bonnefoy, Dominique Riquet, Massimiliano Salini, Claudia Țapardel, Keith Taylor, Pavel Telička, Marita Ulvskog, Wim van de Camp, Marie-Pierre Vieu, Janusz Zemke, Roberts Zīle, Kosma Złotowski | ||
| Substitutes present for the final vote | Jakop Dalunde, Markus Ferber, Maria Grapini, Karoline Graswander-Hainz, Peter Kouroumbashev, João Pimenta Lopes | ||
| Substitutes under Rule 200(2) present for the final vote | Christelle Lechevalier, Francisco José Millán Mon | ||
| Date tabled | 28.1.2019 |
Final vote by roll call in committee responsible 6 paragraphs
26 · For
- ALDE
- Izaskun Bilbao Barandica, Gesine Meissner, Dominique Riquet, Pavel Telička
- ECR
- Jacqueline Foster, Innocenzo Leontini, Peter Lundgren, Roberts Zīle, Kosma Złotowski
- EPP
- Georges Bach, Wim van de Camp, Deirdre Clune, Andor Deli, Markus Ferber, Luis de Grandes Pascual, Dieter-Lebrecht Koch, Elżbieta Katarzyna Łukacijewska, Marian-Jean Marinescu, Francisco José Millán Mon, Massimiliano Salini
- S&D
- Inés Ayala Sender, Maria Grapini, Peter Kouroumbashev, Bogusław Liberadzki, Claudia Țapardel, Janusz Zemke
14 · Against
- EFDD
- Daniela Aiuto
- ENF
- Christelle Lechevalier, Georg Mayer
- GUE/NGL
- João Pimenta Lopes, Marie-Pierre Vieu
- S&D
- Lucy Anderson, Isabella De Monte, Ismail Ertug, Karoline Graswander-Hainz, Gabriele Preuß, Marita Ulvskog
- VERTS/ALE
- Michael Cramer, Jakop Dalunde, Keith Taylor
1 · Abstained
- S&D
- Christine Revault d'Allonnes Bonnefoy
+ : in favour
- : against
0 : abstention