54 Amendments of Kosma ZŁOTOWSKI related to 2016/0149(COD)
Amendment 85 #
Proposal for a regulation
Recital 1
Recital 1
(1) TIn a small number of cases 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 seeking cross- border parcel delivery services, especially in the context of e-commerce.
Amendment 103 #
Proposal for a regulation
Recital 5
Recital 5
(5) In most Member States there are several providers who provide domestic parcel delivery services, while only a few of those providers also provide cross- border parcel delivery services. In this context, it is essential to ensure, in order to safeguard and promote effective competition and to protect users, transparunderline the applicability of Union competition law in respect of opent and non-discriminatory access to the services and infrastructure necessary for the provision of cross-border parcel delivery services.
Amendment 105 #
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, and transparency of tariffs and terminal rates , for certain cross-border parcel delivery services, and 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 124 #
Proposal for a regulation
Recital 9
Recital 9
(9) Terminal rates are based on multilateral and bilateral agreements between Member States of the Universal Postal Union or universal service providers and ensure that the destination universal service provider is remunerated for the costs of the service provided to the originating universal service provider. Terminal rates should be defined in such a way that it includes both terminal dues, as defined in point 15 of Article 2 of Directive 97/67/EC that are applied for letter mail items and inward land rates that are applied to parcels.
Amendment 128 #
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 universalcross- border parcel delivery service providers 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 136 #
Proposal for a regulation
Recital 14
Recital 14
(14) When national regulatory authorities annuallydeem it necessary to 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.
Amendment 143 #
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 delay.
Amendment 150 #
Proposal for a regulation
Recital 17
Recital 17
(17) In order to ensure transparency across the Union, a non-confidential version of the analysis of a national regulatory authority should be submitted to the national regulatory authorities of the other Member States and to the Commission. Confidentiality is to be ensured by the national regulatory authorities and the Commission, in accordance with article 22a (4) of Directive 97/67/EC. The Commission may also request the European Regulators Group for Postal Services to provide a Union-wide analysis on the basis of the national contributions.
Amendment 153 #
Proposal for a regulation
Recital 18
Recital 18
(18) UnParcel deliversaly service providers providing parcel delivery services may conclude multilateral and bilateral agreements on terminal rates and may set up other programmes to facilitate the interconnectivity of their delivery networks. For reasons of non- discrimination, competing parcel delivery service providers shall be granted equal access to the terminal rates applicable between parties under multilateral agreements. It may be justified that terminal rates payable by third-party parcel delivery service providers, in some cases, exceed those payable by universal service providers that are parties to such agreements. This may be the case where the parties to a multilateral agreement on terminal rates are able to demonstrate that the cost of setting up, operating and administering the agreement, the extra cost incurred by accepting and handling items from non-designated parcel delivery service providers and other such costs are not covered by the terminal rates payable by the third-party service provider in the originating Member State, under and subject to the conditions of Union competition law.
Amendment 156 #
Proposal for a regulation
Recital 19
Recital 19
Amendment 172 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) the transparency of tariffs and terminal rates for certain cross-border parcel delivery services and the assessment of the affordability of certain cross-border tariffs;
Amendment 176 #
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
Amendment 182 #
Proposal for a regulation
Article 2 – paragraph 2 – point a a (new)
Article 2 – paragraph 2 – point a a (new)
(aa) “parcel” means a packet containing goods with or without a commercial value and undergoing a shipment process including clearance, sorting, transport and distribution with a weight not exceeding 31,5kg”.
Amendment 188 #
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 servicearcels;
Amendment 196 #
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) “parcel delivery service provider” means an undertaking that provides one or more parcel delivery services; sub- contractors shall not be regarded as parcel delivery providers;
Amendment 199 #
Proposal for a regulation
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
Amendment 215 #
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 219 #
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, incoming and outgoing cross- border postal itemarcels;
Amendment 222 #
Proposal for a regulation
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
(b) the number of persons working foremployed by the 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
Amendment 223 #
Proposal for a regulation
Article 3 – paragraph 3 – point b a (new)
Article 3 – paragraph 3 – point b a (new)
(ba) the names of their sub-contractors that employ at least 50 persons, including full-time, part-time, temporary employees and self-employed;
Amendment 225 #
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 kgarcels handled in the Member State in which the parcel delivery service provider is established in the previous calendar year, broken down into national, incoming and outgoing cross- border postal itemarcels.
Amendment 235 #
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 whose annual turnover and/or annual balance sheet total does not exceed EUR 10 million1a shall not be subject to the obligations under paragraph 1 and 2, unless that provider is established in more than one Member State. The number of persons employed by parcel delivery service provider shall include full-time, part-time, temporary employees and self-employed. _________________ 1aArticle 2 (2) of COMMISSION RECOMMENDATION of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises
Amendment 245 #
Proposal for a regulation
Article 4 – title
Article 4 – title
Transparency of tariffs and terminal rates
Amendment 253 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Universal service providers providingCross-border parcel delivery service providers 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 itemarcels falling within the categories listed in the Annex. That information shall be provided by 31 Jan28February of each calendar year at the latest.
Amendment 255 #
2. The national regulatory authorities shall without delay and by 28 February31 March of each calendar year at the latest submit the public lists of tariffs obtained in accordance with paragraph 1 to the Commission. The Commission shall publish them on a dedicated neutral website by 30 April of each calendar year at the latest. This website site should not carry out any commercial activities.
Amendment 262 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 273 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 282 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. TIf the national regulatory authority deems it necessary, it 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. In thatThe assessment, in particular the following elements shall be taken shall apply only to tariffs related to services that are part of the universal service obligation and should be lead into account:rdance with article 12 of the Postal Services Directive (97/67/EC).
Amendment 291 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 300 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 304 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
Amendment 305 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 (new)
Article 5 – paragraph 1 – subparagraph 1 (new)
The assessment shall not be deemed necessary in particular where: (a) The tariffs are subject to price regulation under national legislation or (b) Similar services are offered by another parcel delivery service provider
Amendment 324 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The universal service provider shall provide the national regulatory authority with the information and/or justification referred to in paragraph 2 within 1530 working days of receipt of the request.
Amendment 330 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The national regulatory authority shall submit its assessment, including any information and/or justification provided in accordance with paragraph 3a non-confidential version of its assessment, to the Commission, and the national regulatory authorities of the other Member States and the national authorities within the Member State of the submitting national regulatory authority entrusted with the implementation of competition law. A non-confidential version of that assessment shall also be provided to the Commission. That information shall be provided by 31 MarchJune of each calendar year at the latest.
Amendment 334 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. The Commission shall publish the non-confidential version of the assessment provided by the national regulatory authorities in accordance with paragraph 4 on the dedicated website by 30 AprilJuly of each calendar year at the latest.
Amendment 341 #
Proposal for a regulation
Article 6
Article 6
Amendment 375 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
Amendment 383 #
Proposal for a regulation
Annex I – subheading 1
Annex I – subheading 1
Postal itemarcels for which the public list of national and all cross-border tariffs to other Member States shall be notified to the national regulatory authorities:
Amendment 387 #
Proposal for a regulation
Annex I – point a
Annex I – point a
(a) a 500 gr (domestic and intra Union) standard letterparcel, non-tracked;
Amendment 389 #
Proposal for a regulation
Annex I – point b
Annex I – point b
(b) a 1 kg (domestic and intra Union) standard letterparcel, non-tracked;
Amendment 391 #
Proposal for a regulation
Annex I – point c
Annex I – point c
(c) a 2 kg (domestic and intra Union) standard letterparcel, non-tracked;
Amendment 393 #
Proposal for a regulation
Annex I – point d
Annex I – point d
(d) a 500gr (domestic and intra Union) registered letterparcel, tracked;
Amendment 395 #
Proposal for a regulation
Annex I – point e
Annex I – point e
(e) a 1 kg (domestic and intra Union) registered letterparcel, tracked;;
Amendment 397 #
Proposal for a regulation
Annex I – point f
Annex I – point f
(f) a 2 kg (domestic and intra Union) registered letterparcel, tracked;
Amendment 398 #
Proposal for a regulation
Annex I – point g
Annex I – point g
Amendment 401 #
Proposal for a regulation
Annex I – point h
Annex I – point h
Amendment 402 #
Proposal for a regulation
Annex I – point i
Annex I – point i
Amendment 404 #
Proposal for a regulation
Annex I – point j
Annex I – point j
Amendment 407 #
Proposal for a regulation
Annex I – point k
Annex I – point k
Amendment 409 #
Proposal for a regulation
Annex I – point m
Annex I – point m
Amendment 412 #
Proposal for a regulation
Annex I – point n
Annex I – point n
Amendment 415 #
Proposal for a regulation
Annex I – paragraph 1 – introductory part
Annex I – paragraph 1 – introductory part
The postal itemarcels, as defined above, shall meet the following criteria:
Amendment 417 #
Proposal for a regulation
Annex I – paragraph 1 – point a
Annex I – paragraph 1 – point a
(a) The size limits of the postal itemarcels a-i (letter mail products) shall follow the following rule: Length, width and depth combined: 900 mm, the greatest dimension may not exceed 600 mm the smallest dimension shall exceed 20mm;
Amendment 418 #
Proposal for a regulation
Annex I – paragraph 1 – point b
Annex I – paragraph 1 – point b