10 Amendments of Miltiadis KYRKOS related to 2016/0149(COD)
Amendment 89 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) Due to the international nature of postal and parcel sector, the further development of European and international technical standards is important for the benefit of users and the environment, and to broaden market opportunities for businesses.
Amendment 90 #
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
(2 b) Article 47 of the Charter of Fundamental Rights of the European Union provides that everyone whose rights under Union law are violated shall have the right to an effective remedy and Article 16 of the Charter recognises the freedom to run a business in accordance with Union and national law and practices;
Amendment 343 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Transparent and non-discriminatory cross- border access for small and medium sized enterprises
Amendment 345 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Whenever universaCross-border parcel service delivery providers providing parcel delivery services conclude multilateral agreements on thaving a dominant position within the relevant market and with a network coverminal rates they shall meet all reasonable requests forg at least the largest part of the territory of a Member State shall meet all reasonable requests for access that are made by parcel delivery service providers defined as small and medium sized enterprises, in accordance with the Commission Recommendation 2003/360/EC, and that concern access to all network elements and associated facilities as well as relevant services and information systems, necessary for the provision of cross-border parcel delivery services.
Amendment 351 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The point at which access should be provided shall be the inward office of exchange in the destination Member State, unless the Parties agree on an alternative point in the network.
Amendment 353 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Universal serviceCross-border parcel service delivery providers referred to in paragraph 1 shall publish a reference offer. The reference offer shall contain all the relevant associated terms and conditions, including prices.
Amendment 357 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. Universal serviceCross-border parcel service delivery providers referred to in paragraph 1 shall upon request, and based on a reference offer, make an individual offer available to a parcel delivery service provider requesting access within the meaning of that paragraph at the latest one month after the receipt of the request. Universal serviceCross-border parcel service delivery providers receiving an access request and providers requesting access shall negotiate in good faith.
Amendment 360 #
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. When no agreement is reached on the basis of the individual offer referred to in paragraph 6, the parcel delivery service provider requesting access may submit the individual offer made by the universal servicecross-border parcel service delivery provider to the national regulatory authority. If necessary, the national regulatory authority shall change the individual offer to give effect to the obligations laid down in this Article.
Amendment 363 #
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6 a Provision of information to users by traders 1. All traders concluding sales contracts with users that include the sending of cross-border parcels shall make available to users at the pre-contractual stage, the following information: (a) Cross-border delivery options offered, including any choice of providers, track and trace, and mechanisms allowing the user to intervene throughout the delivery process, including to opt-out of non- attended delivery and to arrange redelivery or collection times where applicable; (b) Details of their own and relevant parcel service provider complaints processes, of alternative dispute resolution mechanisms including the EU online platform established by Regulation 524/13/EU and of the European Consumer Centres Network; (c) Prices charged by them to users for cross-border parcel delivery; 2. The information referred to in paragraph 1 shall form an integral part of the contract and shall not be altered unless the contracting parties expressly agree otherwise.
Amendment 365 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7 a Confidentiality provision Any information regarding terminal rates provided in accordance with this Regulation to national regulatory authorities and to the Commission shall be treated in the strictest confidence as falling within the obligations of professional secrecy under Article 339 TFEU, and undertakings providing such information shall be entitled to require specific written guarantees to this effect in advance of its provision.