33 Amendments of Dita CHARANZOVÁ related to 2016/0149(COD)
Amendment 52 #
Proposal for a regulation
Recital 1
Recital 1
(1) The tariffs applicable to low volume senders of cross-border parcels and other postal items, particularly small and medium-sized enterprises (SMEs) and individuals, are still relatively high. This has a direct negative impact on users seeking cross- border parcel delivery services, especially in the context of e- commerce. (Further references should be abbreviated to SMEs)
Amendment 58 #
Proposal for a regulation
Recital 4
Recital 4
(4) In order to improve the affordability of cross-border parcel delivery services, especially for users in remote or sparsely populated areas, it is necessary to improve the transparency of public lists of tariffs for a limited set of cross-border parcel delivery services offered by universal service providers, which are mostly used by small and medium-sized enterprises and individuals. Transparency of public lists is also necessary to address the issue of high tariffs of cross-border delivery services and to reduce, where applicable, unjustified tariff differences between national and cross-border parcel delivery services.
Amendment 67 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) Universal service providers refers to postal operators that provide a universal postal service or parts thereof within a specific Member State. Universal service providers who operate in more than one Member State should be classified as a universal service provider only in the Member State(s) in which they provide a universal postal service.
Amendment 69 #
Proposal for a regulation
Recital 6
Recital 6
(6) Currently, postal services are regulated by Directive 97/67/EC of the European Parliament and of the Council49 . Thisat Directive establishes common rules governing the provision of postal services and the universal postal service in the Union. It focuses primarily, but not exclusively, on national universal services and does not address regulatory oversight of parcel delivery service providers, transparency of tariffs and terminal rates for certain cross-border parcel delivery services, the assessment of the affordability of tariffs for certain cross- border parcel delivery services and transparent and non-discriminatory access to certain cross-border parcel delivery services and/or infrastructure. This Regulation therefore complements, insofar as cross-border parcel delivery services are concerned, the rules set out in Directive 97/67/EC. _________________ 49 Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service (OJ L 1, 21.1.1998, p 14 - 25).
Amendment 76 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) This Regulation should apply to parcel delivery services offered to third parties and not to undertakings that only have in-house delivery networks in order to fulfil orders of goods that they have sold themselves. If these undertakings use in-house delivery networks also for delivery goods sold by third parties as well as goods from an in-house retail service, then they should be the subject to this Regulation.
Amendment 80 #
Proposal for a regulation
Recital 10
Recital 10
(10) It is necessary that national regulatory authorities have knowledge and information for statistical purposes about parcel delivery service providers active on the market. However,Due to the labour intensive nature of the sector and in order to limit the administrative burden for small parcel delivery service providers or sub- contractors who are only active on a natregional or regionaldomestic market, a threshold of 50 persons should be applied, based on the average number of persons working for the service provider over the previous calendar year and involved in the provision of parcel delivery services in the Member State in which the provider is established, unless that provider is established in more than one Member State.
Amendment 83 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) When submitting information to the national regulatory authority, the characteristics of the parcel delivery services should include the steps in the postal delivery chain (clearance, sorting, transport and distribution) undertaken by that provider; whether the service is within or outside the scope of the universal service obligation; the territorial scope of the service (regional, domestic, cross-border); and whether added value is offered.
Amendment 86 #
Proposal for a regulation
Recital 12
Recital 12
(12) When providing information to the national regulatory authority, it should be taken into account that parcel delivery service providers may have already provided certain information to the same national regulatory authority. Parcel delivery services are important for small and medium-sized enterprises and individuals and they should be able to compare easily between different providers. Therefore, the services for which tariffs should be provided by universal service providers and all other cross-border parcel delivery services should be clearly defined. Those tariffs should be published by the Commission on a dedicated webpage and should, together with the confidential regular provision of the underlying terminal rates, constitute the basis for the national regulatory authorities to assess the affordability of tariffs for cross-border parcel delivery services. Parcel delivery service providers other than universal service providers may voluntarily provide, in a comparable form, their national regulatory authority with the tariffs for the same items provided that such items are delivered at the home or the premises of the addressee.
Amendment 91 #
Proposal for a regulation
Recital 14
Recital 14
(14) When national regulatory authorities annually assess the affordability of tariffs, they should base themselves on objective criteria, such as the domestic tariffs of the originating universal service providers and the destination universal service providers and the level of terminal rates. Those common criteria may be complemented by other criteria of particular relevance for explaining the tariffs in question, such as specific transportation or handling costs and bilateral volumes between different cross- border parcel delivery service providers. National regulatory authorities should make efforts, where possible, to ensure this assessment is comparable to those required under Directive 97/67/EC.
Amendment 108 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20 a) In order to limit the administrative burden, the transfer of data by parcel delivery service providers, national regulatory authorities and the Commission should be electronic, for example by allowing the use of e- signatures provided for in Regulation (EU) 910/20147 (eIDAS Regulation)1a. _________________ 1aRegulation (EU) 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.08.2014, p. 73).
Amendment 110 #
Proposal for a regulation
Recital 21
Recital 21
(21) As markets for parcel delivery services are changing fast, the Commission should re-assess the efficiency and effectiveness of this Regulation, taking into account developments in e- commerce, and submit a regular report to the European Parliament and the Council. That report should be accompanied, where appropriate, by proposals for review to the European Parliament and the Council.
Amendment 111 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21 a) The Commission should build on valuable input from the European Regulators Group for Postal Services composed by representatives of the national regulatory authorities.
Amendment 115 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24 a) Member States should lay down rules on penalties applicable to infringements of this Regulation and ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive.
Amendment 140 #
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 orand 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 service; Or. en (see amendment proposal on "subcontractor")
Amendment 143 #
Proposal for a regulation
Article 2 – paragraph 2 – point b a (new)
Article 2 – paragraph 2 – point b a (new)
(b a) "subcontractor" means an undertaking that provides the clearance, sorting, transport or distribution of parcels for the parcel delivery service provider; an undertaking that provides transport alone shall not be considered as a subcontractor;
Amendment 158 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. All parcel delivery service providers shall submit the following information to the national regulatory authority of the Member State in which they are established unless the national regulatory authority has already requested and received such information:
Amendment 159 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) the name of the parcel delivery service provider, its legal status and form, registration number in a trade or similar register, VAT identification number, the address of the establishment and a contact person;
Amendment 163 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) the nature of the services offered by thcharacteristics of the parcel delivery services offered by the parcel delivery service provider;
Amendment 166 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) the provider's general terms and conditions of salefor parcel delivery services, including a detailed description of the complaints procedure.
Amendment 168 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. In case of any change concerning information referred to in the first subparagraph 1, parcel delivery service providers shall inform the national regulatory authority of this change within 30 days. .
Amendment 171 #
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. By 31 March of each calendar year, all parcel delivery service providers shall submit the following information to the national regulatory authority of the Member State in which they are established unless the national regulatory authority has already requested and received such information:
Amendment 175 #
Proposal for a regulation
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) the annual turnover in parcel delivery services for the previous calendar year in the Member State in which the provider is established, broken down in parcel delivery services relating to national,to domestic and incoming and outgoing cross- border postal itemservices;
Amendment 181 #
Proposal for a regulation
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
(b) the average number of persons working for the provider andarcel delivery service provider over the previous calendar year involved in the provision of parcel delivery services in the Member State in which theat provider is established in the previous calendar year. The average number of persons shall include full-time, part-time, temporary employees and self- employed;
Amendment 185 #
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 provider is established in the previous calendar year, broken down into national,domestic and incoming and outgoing cross-border postal items.arcels;
Amendment 189 #
Proposal for a regulation
Article 3 – paragraph 3 – point c a (new)
Article 3 – paragraph 3 – point c a (new)
(c a) where available, any publicly accessible price list applicable on 1 January of each calendar year for parcel delivery services.
Amendment 193 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. T[By eight months after adoption], the Commission shall, by means of an implementing act, establish a form for the submission of the information referred to in paragraphs 1 of this Articleand 3. Thoseis implementing acts shall be adopted in accordance with the examination procedure referred to in Article 9.
Amendment 197 #
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 whereprovided that they are necessary to ensure conformity with this Regulationand proportionate.
Amendment 202 #
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. A parcel delivery service provider which employs fewer than 50 persons shall not be subject to the obligations under paragraph 1 and 2, unless that provider is established in more than one Member StateThis Article shall not apply to any parcel delivery service provider or sub- contractor which had on average fewer than 50 persons working for it and involved in the provision of parcel delivery services in the Member State in which the provider is established over the previous calendar year, unless that provider is established in more than one Member State. The average number of persons shall include full-time, part-time, temporary employees and self-employed.
Amendment 206 #
Proposal for a regulation
Article 3 – paragraph 6 a (new)
Article 3 – paragraph 6 a (new)
6 a. All subcontractors shall submit the information to the national regulatory authority of the Member State in which they are established according to this Article with the exception of paragraph 1 (c) and paragraph 3 (c a).
Amendment 211 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Universal service providers providingAll cross-border parcel delivery services, except subcontractors, shall provide the national regulatory authority of the Member State in whichwhere 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 and shall be delivered in an electronic, machine-readable format.
Amendment 219 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Universal service providers providing parcel delivery services shall provide the national regulatory authority of the Member State in which they are established with the terminal rates applicable on 1 January of each calendar year to postal itemsthe delivery of postal items falling within the categories listed in the Annex originating from other Member States. That information shall be provided by 31 January of each calendar year at the latest.
Amendment 238 #
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 of universal service providers included in the public lists of tariffs obtained in accordance with Article 4(1) within 3 months of receipt of that informationon a biennial basis. In that assessment, in particular the following elements shall be taken into account:
Amendment 289 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Before XX/XX/2019, and thereafter every fourthree years, the Commission shall submit to the European Parliament, the Council and the Economic and Social Committee an evaluation report on the application of this Regulation accompanied where appropriate by a proposal for its review.