24 Amendments of Maria GRAPINI related to 2016/0149(COD)
Amendment 54 #
Proposal for a regulation
Recital 2
Recital 2
(2) There are fundamental differences between Member States when it comes to competences conferred on national regulatory authorities with regard to market monitoring and regulatory oversight of parcel delivery providers. This has been confirmed by a joint report48 prepared by the European Regulators Group for Postal Services and the Body of European Regulators for Electronic Communications, who concluded that national regulatory authorities need the appropriate regulatory powers to intervene and that such powers do not seem to be present in all Member States. Those differences result in additional administrative burdens and compliance costs for parcel delivery service providers who operate cross- border. Those differences therefore constitute an obstacle to the cross-border provision of parcel delivery services, particularly for SMEs, and thus have a direct effect on the functioning of the internal market. Removing these obstacles is necessary in order to ensure a balance in the internal market. _________________ 48 BoR (15) 214/ERGP PL (15) 32.
Amendment 62 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) With a view to the smooth application of this Regulation and in order to guarantee access for new entrants to the market, particularly SMEs, it is necessary to define the term 'parcel'.
Amendment 82 #
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 and individuals, are still relatively high. This has a direct negative impact on users seekingthese users, particularly in the context of cross- border parcel delivery services, especially in the context of e-commerce-commerce in the EU, reducing the number of small parcel deliveries. In addition, users often report quality of service issues when sending, receiving or returning cross-border parcels, which means that greater consistency is needed in respect of the relevant technical standards, in environmental terms for example.
Amendment 87 #
Proposal for a regulation
Recital 2
Recital 2
(2) There are fundamental differences between Member States when it comes to competences conferred on national regulatory authorities with regard to market monitoring and regulatory oversight of parcel delivery providers. This has been confirmed by a joint report48 prepared by the European Regulators Group for Postal Services and the Body of European Regulators for Electronic Communications, who concluded that national regulatory authorities need the appropriate regulatory powers to intervene and that such powers do not seem to be present in all Member States. Those differences result in additional administrative burdens and compliance costs for parcel delivery service providers who operate cross- border. Those differences therefore constitute an obstacle to the cross-border provision of parcel delivery services, preventing more purchases or sales being made throughout the EU, and thus have a direct effect on the functioning of the internal market. _________________ 48 BoR (15) 214/ERGP PL (15) 32.
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 96 #
Proposal for a regulation
Recital 16
Recital 16
(16) Significant differences between domestic and cross-border tariffs for parcel delivery services should be justified by objective criteria, such as additional costs for transport and a reasonable profit margin. Universal service providers providing parcel delivery services should be required to provide such justification without delayhen presenting their services.
Amendment 108 #
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 . This 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)The introduction of clearer rules could make cross-border parcel delivery more affordable and make it easier for consumers and companies, especially SMEs, to make the most of the EU Single Market and cross-border e-commerce. This Regulation therefore complements, insofar as cross-border parcel delivery services are concerned, the rules set out in Directive 97/67/EC. However, the provisions of this Regulation are without prejudice to the rights and guarantees set out in that Directive, including in particular the continued provision of a universal postal service to users.
Amendment 112 #
Proposal for a regulation
Recital 7
Recital 7
(7) An estimated 80 % of addressed postal items generated by e-commerce today weigh less than two kilograms, and are often processed in the letter-post mail stream. It is important that those postal items are subject to this Regulation, notably to the requirements on transparency of tariffs, measures to encourage competition for cross-border parcel delivery services and the assessment of their affordability.
Amendment 119 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) The minimum confidential information that must be forwarded to the national authorities and procedures followed by the authorities to ensure compliance with the commercial nature of national operators must be defined and secure channels established for the communication thereof.
Amendment 127 #
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) transparent, unbureaucratic and non-discriminatory access to certain cross- border parcel delivery services and/or infrastructure, in order not to create an obstacle for SMEs.
Amendment 142 #
Proposal for a regulation
Recital 16
Recital 16
(16) Significant differences between domestic and cross-border tariffs for parcel delivery services should be justified by objective criteria, such as additional costs for transport and a reasonable profit margin. Universal service providers providing parcel delivery services shouldHigh cross-border delivery charges prevent more purchases or sales being made throughout the EU. Prices charged by postal operators to deliver small parcels from one Member State to another are much higher than domestic prices and bear no clear relation to actual costs. Service providers should therefore be required to provide such justification without delay.
Amendment 164 #
Proposal for a regulation
Recital 25
Recital 25
(25) Since the objectives of this Regulation, namely to establish the regulatory principles and rules necessary to improve regulatory oversight, to improve transparency of prices and establish certain principles as regards cross-border parcel delivery services that should support competitionachieve better accessibility for users to efficient and affordable cross-border parcel delivery services and increase consumer confidence in e-commerce, cannot be sufficiently achieved by the Member States and can therefore, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve thatose objectives.
Amendment 204 #
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. A parcel delivery service provider which employs fewer than 50 persons and has a turnover or balance sheet of less than EUR 10 million shall not be subject to the obligations under paragraph 1 and 2, unless that provider is established in more than one Member State.
Amendment 208 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) the nature of the services offered by the provider;detailed description of parcel delivery services offered by the provider, including precise information on the options available to users so that consumers can be confident of receiving their order easily and without excessive delay or damage.
Amendment 211 #
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 sale, includingfor parcel delivery services, including currencies accepted for settlement and a detailed description of the complaints procedure for users.
Amendment 236 #
Proposal for a regulation
Article 3 – paragraph 6 a (new)
Article 3 – paragraph 6 a (new)
6a. It is necessary to re-examine the obligation for national postal operators to grant full access to their own distribution networks, so as to establish clearly conditions of access that do not affect the trade performance of the national operators which, inter alia, also provides services of general economic interest and contribute to national resilience systems.
Amendment 252 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Universal service providers providingcross-border parcel delivery service providers shall providefurnish 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 315 #
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, it shall request further necessary information and/or justification in relation to the level of those tariffs from the uncross-border parcel deliversaly service provider.
Amendment 320 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The uncross-border parcel deliversaly service provider shall providefurnish the national regulatory authority with the information and/or justification referred to in paragraph 2 within 15 working days of receipt of the request.
Amendment 335 #
Proposal for a regulation
Article 6
Article 6
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.
Amendment 368 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Before XX/XX/2019,20 and thereafter every four 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.