BETA

39 Amendments of Maria GRAPINI related to 2017/0288(COD)

Amendment 44 #
Proposal for a regulation
Recital 2
(2) To ensure a coherent legislation framework ofor 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 extendedEuropean Union is paramount in order to prevent legal ambiguity. The scope of that Regulation should therefore be consistent with the provisions of a Regulation (EC) No1370/2007.
2018/10/04
Committee: TRAN
Amendment 49 #
Proposal for a regulation
Recital 3
(3) An independent and impartial regulatory body should be designated in each Member StateEach Member State shall designate a national competent authority 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.
2018/10/04
Committee: TRAN
Amendment 57 #
Proposal for a regulation
Recital 4
(4) Commercial regular service operations should not compromise the economic equilibrium of existing public service contracts. For this reason, the regulatory bodnational competent authority should be able to carry out an objective economic analysis to ensure that this is the case.
2018/10/04
Committee: TRAN
Amendment 66 #
Proposal for a regulation
Recital 6
(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.national competent authority
2018/10/04
Committee: TRAN
Amendment 72 #
Proposal for a regulation
Recital 8
(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.
2018/10/04
Committee: TRAN
Amendment 77 #
Proposal for a regulation
Recital 9
(9) Non-resident carriers should be able to operate national regular services under the same conditions as resident carriers by attending a competitive tendering procedure, in accordance with the provisions of Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70.
2018/10/04
Committee: TRAN
Amendment 82 #
Proposal for a regulation
Recital 10
(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.but contributes to transport safety;
2018/10/04
Committee: TRAN
Amendment 104 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Regulation (EC) No 1073/2009
Article 2 – paragraph 7
7. ‘cabotage operation’ means a national road passenger transport service operated for hire or reward on a temporary basis in a host Member State;;
2018/10/04
Committee: TRAN
Amendment 107 #
2018/10/04
Committee: TRAN
Amendment 115 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c
Regulation (EC) No 1073/2009
Article 2 – paragraph 9
9. ‘terminal’ means any staffed facility with a minimumhere according to the specified route a rea of 600m2, which provides a parking place that is used by coaches and buses for the setgular service is scheduled to stop for passengers to board or alight, equipped with facilities such as a check-in counter, waiting downroom or pticking up of passengerset office;
2018/10/04
Committee: TRAN
Amendment 130 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c
Regulation (EC) No 1073/2009
Article 2 – paragraph 11 a (new)
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;
2018/10/04
Committee: TRAN
Amendment 144 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 1 – subparagraph 2
The regulatory body may be responsible for other regulated sectors.deleted
2018/10/04
Committee: TRAN
Amendment 146 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 2
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.deleted
2018/10/04
Committee: TRAN
Amendment 152 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 3
3. The regulatory bodnational competent authority shall perform the following tasks::
2018/10/04
Committee: TRAN
Amendment 163 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 4
The regulatory bodnational competent authority may, in exercising its tasks, request relevant information from the other competent authorities, terminal operators, applicants for authorisation and any third party involved within the territory of the Member State concerned.
2018/10/04
Committee: TRAN
Amendment 164 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 4
Information requested shall be supplied within a reasonable period set by the regulatory bodnational competent authority and not exceeding one month. In justified cases, the regulatory bodnational competent authority may extend the time limit for submission of information by a maximum of two weeks. The regulatory bodnational competent authority shall be able to enforce requests for information by means of penalties which are effective, proportionate and dissuasive.
2018/10/04
Committee: TRAN
Amendment 167 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 5
5. Member States shall ensure that decisions taken by the regulatory bodnational competent authority are subject to judicial review. That review may have suspensive effect only when the immediate effect of the regulatory bodnational competent authority’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.
2018/10/04
Committee: TRAN
Amendment 170 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 6
6. Decisions taken by the regulatory bodnational competent authority shall be made public.;
2018/10/04
Committee: TRAN
Amendment 171 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EC) No 1073/2009
Article 3 b (new)
(3a) The following Article 3b is inserted before Chapter II: "Article 3b Levy on carriers providing regular coach or bus services 1. Member States which apply the provisions of Chapter III of this Regulation for national regular services may, under the conditions laid down in this Article, authorise the national competent authority to impose a levy on carrier providing passenger services for the operation of routes which fall within the jurisdiction of that authority and which are operated between two terminals in that Member State. 2. The levy is intended to compensate the authority for public service obligations laid down in public service contracts awarded in accordance with Union law. The revenue raised from such a levy and paid as compensation shall not exceed what is necessary to cover all or part of the cost incurred in the relevant public service obligations taking into account the relevant receipts and a reasonable profit for discharging those obligations. 3. The levy shall be imposed in accordance with Union law, and shall respect in particular the principles of fairness, transparency, non- discrimination and proportionality, in particular between the average price of the service to the passenger and the level of the levy. The total levies imposed pursuant to this paragraph shall not endanger the economic viability of the bus and coach passenger transport service on which they are imposed. 4. The relevant authorities shall keep the information necessary to ensure that the origin of the levies and their use can be traced. Member States shall provide the Commission with this information. 5. Based on the experience of regulatory bodies, competent authorities and carriers providing regular coach or bus services the Commission shall adopt measures setting out the details of the procedure and criteria to be followed for the application of this Article."
2018/10/04
Committee: TRAN
Amendment 172 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 b (new)
Regulation (EC) No 1073/2009
Article 3 c (new)
(3b) 3c. Member States shall not apply Article 3b when they apply subsidies for the transportation of passengers on unprofitable lines and routes at the expense of a national and/or local budget.
2018/10/04
Committee: TRAN
Amendment 190 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1073/2009
Article 5 a – paragraph 2 – subparagraph 2
Requests for access may be refused only on the grounds of lack of capacity and duly documented serious and repeated infringements by the road transport operator of specific legislation or contractual relations with the economic operator administering the terminal.
2018/10/04
Committee: TRAN
Amendment 223 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EC) No 1073/2009
Article 5 b – paragraph 4
4. Applicants may appeal against decisions by terminal operators. Appeals shall be lodged with the regulatory bodnational competent authority.
2018/10/04
Committee: TRAN
Amendment 225 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EC) No 1073/2009
Article 5 b – paragraph 5 – subparagraph 1
Where the regulatory bodnational competent authority hears an appeal against a decision by a terminal operator, it shall adopt a reasoned decision within a fixed timeframe and, in any case within three weeks from receipt of all relevant information.
2018/10/04
Committee: TRAN
Amendment 228 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 Regulation (EC) No 1073/2009
The decision of the regulatory bodnational competent authority on the appeal shall be binding. The regulatory bodnational competent authority shall be able to enforce it by means of penalties which are effective, proportionate and dissuasive
2018/10/04
Committee: TRAN
Amendment 238 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EC) No 1073/2009
Article 8 – paragraph 4 a (new)
4a. 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, the Member State concerned may, with the agreement of the Commission, suspend or withdraw the authorisation to provide the service, after having given three months’ notice to the carrier. The carrier shall have the possibility to appeal such decision.
2018/10/04
Committee: TRAN
Amendment 240 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EC) No 1073/2009
Article 8 – title
Authorisation procedure for the international carriage of passengers over a distance of less than 100 kilometres as the crow flies
2018/10/04
Committee: TRAN
Amendment 246 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EC) No 1073/2009
Article 8 – paragraph 1
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, over distance defined by each Member State. 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.
2018/10/04
Committee: TRAN
Amendment 264 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 a – title
Authorisation procedure for the international carriage of passengers over a distance of 100 kilometres or more as the crow fliesdeleted
2018/10/04
Committee: TRAN
Amendment 270 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 a – paragraph 1
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.deleted
2018/10/04
Committee: TRAN
Amendment 275 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 a – paragraph 2
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).deleted
2018/10/04
Committee: TRAN
Amendment 282 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 a – paragraph 3
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.deleted
2018/10/04
Committee: TRAN
Amendment 305 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 b – paragraph 2
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 (cd) 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).
2018/10/04
Committee: TRAN
Amendment 312 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 b – paragraph 3
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
2018/10/04
Committee: TRAN
Amendment 342 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 d – paragraph 1
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.
2018/10/04
Committee: TRAN
Amendment 376 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Regulation (EC) No 1073/2009
Article 15 – point c
(c) regular services, performed in accordance with this Regulation.;by a carrier not resident in the host Member State provided that a stay in that Member State does not exceed 48 hours after the entry into the territory of the 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 performed independently of such international service.
2018/10/04
Committee: TRAN
Amendment 391 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19 a (new)
Regulation (EC) No 1073/2009
Article 25 – paragraph 1 a (new)
(19a) In Article 25, the following paragraph 1 a is inserted: "Member States shall not apply the provisions of Chapter III of this Regulation for national regular services on territories covered by services of general economic interest, on the condition that public service contracts are awarded following a competitive tendering procedure, in accordance with the provisions of Regulation (EC) No 1370/2007."
2018/10/04
Committee: TRAN