Activities of Pascal DURAND related to 2016/0149(COD)
Legal basis opinions (0)
Amendments (20)
Amendment 118 #
Proposal for a regulation
Article 1 – title
Article 1 – title
Subject matter and objectives
Amendment 119 #
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
Amendment 130 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
This Regulation is without prejudice to the full application by all parcel delivery providers of all legal and contractual provisions concerning employment, working and social security conditions and the exercise of fundamental rights, including the right to negotiate, conclude and enforce collective bargaining agreements and to take industrial action.
Amendment 132 #
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article 1 a Member States may adopt or maintain in force more stringent provisions than those laid down in this Regulation for the benefit of users and where such provisions foster better user accessibility to efficient and affordable cross-border parcel delivery services.
Amendment 136 #
Proposal for a regulation
Article 2 – paragraph 2 – point -a (new)
Article 2 – paragraph 2 – point -a (new)
(-a) "parcel" means a postal item with a weight not exceeding 31,5 kg; an item of correspondence alone shall not be considered a parcel;
Amendment 138 #
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) "parcel delivery services" means services involving the clearance, sorting, transport or distribution of postal items other than items of correspondence; transport alone shall not be considered a parcel delivery service; delivery of such items exceeding 31,5 kg shall not be considered a parcel delivery servicearcels;
Amendment 150 #
Proposal for a regulation
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) "terminal rates" means payments from the originating unparcel deliversaly service provider to the destination unparcel deliversaly service provider or intermediaries where applicable for the costs of cross- border parcel delivery services in the destination Member State.
Amendment 178 #
Proposal for a regulation
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
(b) the number of persons working for thedirectly or indirectly for the parcel delivery services provider and involved in the provision of parcel delivery services in the Member State in which the provider is established in the previous calendar year; this information shall include quarterly breakdowns by reference to employment status, including whether full-time, part- time, temporary, on a non-guaranteed hours basis or self-employed and shall also cover persons working for subcontractors or companies to which the parcel delivery services provider outsources clearance, sorting, transport or distribution of parcels.
Amendment 187 #
Proposal for a regulation
Article 3 – paragraph 3 – point c
Article 3 – paragraph 3 – point c
(c) the number of postal items other than items of correspondence and not exceeding 31,5 kg handledarcels handled over the previous calendar year in the Member State in which the parcels delivery service provider is established in the previous calendar year, broken down into national, incoming and outgoing cross- border postal items.
Amendment 196 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. The national regulatory authorities may impose information requirements additional to those referred to in paragraphs 1 and 2 where3 provided that they are necessary and proportionate to ensure conformity with this Regulation.
Amendment 199 #
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. AThis Article shall not apply to any parcel delivery service provider which employs few, together with an 50 persons shall not be subject to the obligations under paragraph 1 y subsidiaries and linked undertakings, employs fewer thand 20 persons, unless that provider is established in more than one Member State. The number of persons shall include all those working on a full-time, part-time, temporary, non-guaranteed hours and self-employed basis.
Amendment 213 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. UnCross-border parcel deliversaly service providers providing parcel delivery servicesfalling within the scope of Article 3 shall provide the national regulatory authority of the Member State in which they are established with the public list of tariffs applicable on 1 January of each calendar year for the delivery of postal items falling within the categories listed in the Annex. That information shall be provided by 31 January of each calendar year at the latest.
Amendment 222 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. UnCross-border parcel deliversaly service providers providing parcel delivery servicesfalling within the scope of Article 3 shall provide the national regulatory authority with the terminal rates applicable on 1 January of each calendar year to postal items originating from other Member States. That information shall be provided by 31 January of each calendar year at the latest.
Amendment 233 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. The national regulatory authority shall assess the affordability of cross- border tariffs included in the public lists of tariffs obtained in accordance with Article 4(1) within 3 months of receipt of that information. InThe purpose of that assessment, in particular the following elements shall be taken into account: shall be to assess whether the cost to individuals and small and medium- sized enterprises is affordable and to what extent the uptake of cross-border parcel delivery services is affected by delivery prices.
Amendment 241 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 246 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 252 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
Amendment 257 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where the national regulatory authority concludes that cross-border tariffs referred to in paragraph 1 are not affordable, itIn carrying out that assessment, in particular the likely impact on the following shall be taken into account: (a) individual users with little disposable income; (b) individual and shmall request further necessary information and/or justification in relation to the level of those tariffs from the universal service providerand medium- sized enterprise users living or situated in remote or sparsely populated areas; (c) individual and small and medium- sized enterprise users that regularly use parcel delivery services.
Amendment 273 #
Proposal for a regulation
Article 6
Article 6
Amendment 286 #
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6 a Provision of information to users by traders All traders concluding sales contract with users that include the sending of cross- border parcels shall make available to users at the pre-contractual stage the following information, online or by other accessible means: (a) prices charged by them to users for cross-border parcel delivery; (b) cross-border delivery options offered, including track and trace, and mechanisms allowing the user to intervene throughout the delivery process, including regarding returns and to arrange redelivery or collection times where applicable; (c) details of their own and relevant parcel delivery service provider complaints processes and of the European Consumer Centre network for cross-border complaints.