BETA

Activities of Lucy ANDERSON related to 2017/0288(COD)

Plenary speeches (2)

Common rules for access to the international market for coach and bus services (debate)
2016/11/22
Dossiers: 2017/0288(COD)
Common rules for access to the international market for coach and bus services (debate)
2016/11/22
Dossiers: 2017/0288(COD)

Amendments (58)

Amendment 38 #
Proposal for a regulation
Recital 1
(1) The application of Regulation (EC) No 1073/2009 of the European Parliament and of the Council17 has revealed that some operators in national markets armay be facing unjustified obstacles to the development of inter-urban coach services. Moreover, road passenger transport services have not kept pace with the evolving needs of citizens in terms of availability and quality and sustainable transport modes continue to have a low modal share. As a consequence, certain groups of citizens are placed at a disadvantage in terms of availability of passenger transport services, and there are more road accidents, emissions and congestion due to greater use of ca of benefit to passengers. _________________ 17 Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p. 88).
2018/10/04
Committee: TRAN
Amendment 45 #
Proposal for a regulation
Recital 2
(2) To ensure a coherent framework for 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 extended, subject to appropriate safeguards and limitations.
2018/10/04
Committee: TRAN
Amendment 52 #
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 body should be able to carry out an objective economic analysis to ensure that this is the case.
2018/10/04
Committee: TRAN
Amendment 67 #
Proposal for a regulation
Recital 6
(6) In order to ensure fair competition in the market when necessary, 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 if it is in the public interest to do so.
2018/10/04
Committee: TRAN
Amendment 70 #
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 79 #
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, as long as they can demonstrate compliance with all relevant provisions of national, Union and international law.
2018/10/04
Committee: TRAN
Amendment 83 #
Proposal for a regulation
Recital 10
(10) Administrative formalities should be reduced as much aswhere 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.
2018/10/04
Committee: TRAN
Amendment 89 #
Proposal for a regulation
Recital 14
(14) In order to take into account market developments and technical progress the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend Annexes I and II to Regulation (EC) No 1073/2009, and to supplement that Regulation with rules concerning the format of certificates for own-account transport operations, the format of applications for authorisations and authorisations themselves, the procedure and criteria to be followed to determine if a proposed service would compromise the economic equilibrium of a public service contract, and the reporting obligations of Member States. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in line with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making18 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as the Member States’ experts, and the European Parliament and the Council experts should systematically have access to the Commission’s expert group meetings dealing with the preparation of delegated acts. _________________ 18 OJ L 123, 12.5.2016, p. 1.
2018/10/04
Committee: TRAN
Amendment 113 #
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 minimum area of 600m2, which provides a parking place that is used by coaches and buses for the setere according to the specified route a regular 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 122 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c
Regulation (EC) No 1073/2009
Article 2 – paragraph 11
11. ‘viable alternative’ means another terminal which is economically acceptable to the carrier, and allows it to operate the passenger service concerned.;deleted
2018/10/04
Committee: TRAN
Amendment 138 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 1
Each Member State shall designate a single national regulatory body for the road passenger transport sector. That body shall be an impartial authority which is, in organisational, functional, hierarchical and decision making terms, legally distinct and independent from any other public or private entity. It shall be independent from any competent authority involved in the award of a public service contract.
2018/10/04
Committee: TRAN
Amendment 147 #
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.
2018/10/04
Committee: TRAN
Amendment 154 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 3 – point a
(a) carry out economic analyses of whether a proposed new service would compromise the economic equilibrium of a public service contract;.
2018/10/04
Committee: TRAN
Amendment 166 #
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 body are subject to judicial review. That review may have suspensive effect only when the immediate effect of the regulatory body’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 169 #
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 body shall be made public within two weeks.;
2018/10/04
Committee: TRAN
Amendment 184 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1073/2009
Article 5 a
1. Terminal operators shall grantconsider applications from carriers for the right to access terminals for the purpose of operating regular services including any facilities or services provided in that terminal under fair, equitable, non-discriminatory and transparent conditions.
2018/10/04
Committee: TRAN
Amendment 185 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1073/2009
Article 5 a – paragraph 1 a (new)
1a. Where terminal operators grant access, bus and coach operators must comply with the terminal's existing terms and conditions.
2018/10/04
Committee: TRAN
Amendment 186 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1073/2009
Article 5 a – paragraph 2 – subparagraph 1
Terminal operators shall endeavour to accommodate all requests for access in order to ensure optimum use of terminals.deleted
2018/10/04
Committee: TRAN
Amendment 193 #
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 capacityfor justified reasons of public interest, including environmental and capacity considerations.
2018/10/04
Committee: TRAN
Amendment 199 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1073/2009
Article 5 a – paragraph 2 – subparagraph 3
Where a terminal operator refuses a request for access, it shall indicate any viable alternatives.deleted
2018/10/04
Committee: TRAN
Amendment 205 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1073/2009
Article 5 a – paragraph 3
Terminal operators shall publish at least the following information in two or more official languages of the Union: regarding current timetables and capacity allocation.
2018/10/04
Committee: TRAN
Amendment 207 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1073/2009
Article 5 a – paragraph 3 – point a
(a) a list of all services provided, and the prices for those services;deleted
2018/10/04
Committee: TRAN
Amendment 209 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1073/2009
Article 5 a – paragraph 3 – point b
(b) the rules for scheduling the allocation of capacity;deleted
2018/10/04
Committee: TRAN
Amendment 211 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1073/2009
Article 5 a – paragraph 3 – point c
(c) the current timetable and capacity allocation.deleted
2018/10/04
Committee: TRAN
Amendment 217 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 Regulation (EC) No 1073/2009
2. If access cannot be granted as requested in the application, the terminal operator shall initiate consultations with all interested carriers with a view to accommodating the application.deleted
2018/10/04
Committee: TRAN
Amendment 227 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EC) No 1073/2009
Article 5 b – paragraph 5 – subparagraph 2
The decision of the regulatory body on the appeal shall be binding, subject to national law provisions regarding judicial review. The regulatory body shall be able to enforce it by means of penalties which are effective, proportionate and dissuasive
2018/10/04
Committee: TRAN
Amendment 230 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EC) No 1073/2009
Article 5 b – paragraph 5 – subparagraph 3
The decision shall be subject to judicial review only.;deleted
2018/10/04
Committee: TRAN
Amendment 239 #
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 249 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
4. Authorisation shall be granted unless refusal can be justified on one or more of the grounds listed in points (a) to (d) of Article 8c(2)bjective grounds related to the public interest, such as that the service would compromise the equilibrium of a public service contract, environmental considerations or that the applicant has not complied with road transport or other relevant provisions of national, Union or international law..
2018/10/04
Committee: TRAN
Amendment 253 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EC) No 1073/2009
Article 8 – paragraph 5
5. If one of the competent authorities does not agree to the authorisation, the matter may be referred to the Commission within two months following receipt of its reply.deleted
2018/10/04
Committee: TRAN
Amendment 254 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EC) No 1073/2009
Article 8 – paragraph 6
6. After having consulted the Member States of the competent authorities which disagreed, the Commission shall, within four months from receipt of the communication from the authorising authority, take a decision. The decision shall take effect 30 days after its notification to the Member States concerned.deleted
2018/10/04
Committee: TRAN
Amendment 257 #
7. The Commission decision shall apply until such time as the Member States reach an agreement and the authorising authority adopts a decision on the application.deleted
2018/10/04
Committee: TRAN
Amendment 259 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Articles 8 a to 8 d
[...]deleted
2018/10/04
Committee: TRAN
Amendment 262 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 a
Article 8adeleted
2018/10/04
Committee: TRAN
Amendment 263 #
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 269 #
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 274 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 Regulation (EC) No 1073/2009
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 281 #
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 292 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 b
Article 8bdeleted
2018/10/04
Committee: TRAN
Amendment 294 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 b – title
Authorisation procedure for national regular servicesdeleted
2018/10/04
Committee: TRAN
Amendment 296 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 b – 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. This may be extended to four months where an analysis is requested in accordance with Article 8c(2)(d).deleted
2018/10/04
Committee: TRAN
Amendment 302 #
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 (c) 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).deleted
2018/10/04
Committee: TRAN
Amendment 311 #
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 320 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 Regulation (EC) No 1073/2009
Decisions rejecting an application or granting authorisation with limitations shall state the reasons on which they are based and shall be informed by the analyses of the regulatory body.
2018/10/04
Committee: TRAN
Amendment 321 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 c – paragraph 2 – subparagraph 2
Authorisation shall be granted unless rejection can be justified on one or more of the following grounds: (a) the service which is the subject of the application with equipment directly available to it; (b) with national or international legislation on road transport, and in particular the conditions and requirements relating to authorisations for international road passenger services, or has committed serious infringements of Union road transport legislation in particular with regard to the rules applicable to vehicles and driving and rest periods for drivers; (c) renewal of authorisation, the conditions of authorisation have not been complied with; (d) the basis of an objective economic analysis that the service would compromise the economic equilibrium of a public service contract.deleted the applicant is unable to provide the applicant has not complied in the case of an application for a regulatory body establishes on
2018/10/04
Committee: TRAN
Amendment 335 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 c – paragraph 3
3. Member States shall ensure that decisions taken by the authorising authority are subject to judicial review. That review may have suspensive effect only when the immediate effect of the authorising 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 341 #
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 thon objective pgroposed regular service carries passengers over distances of less than 100 kilometres as the crow flies and ifunds related to the public interest, such as that the service would compromise the economic equilibrium of a public service contract, environmental considerations or that the applicant has not complied with road transport or other relevant provisions of national, Union or international law.
2018/10/04
Committee: TRAN
Amendment 348 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 d – paragraph 2 – subparagraph 1
The competent authorities that awarded a public service contract or the public service operators performing the public service contract may request the regulatory body to carry out an analysis of whether the economic equilibrium of the public service contract would be compromised.
2018/10/04
Committee: TRAN
Amendment 350 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 d – paragraph 2 – subparagraph 2
The regulatory body shall examine the request and decide whether to carry out the economic analysis. It shall inform the interested parties of its decisionshall carry out such an analysis unless there are exceptional practical or other reasons properly justifying a decision not to do so.
2018/10/04
Committee: TRAN
Amendment 354 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 d – paragraph 3 – subparagraph 1
Where the regulatory body carries out an economic analysis, it shall inform all interested parties of the results of that analysis and its conclusions within six weeks following receipt of all relevant information. The regulatory body may concluderecommend that the authorisation is to be granted, is to be granted subject to conditions or is to be rejected.
2018/10/04
Committee: TRAN
Amendment 355 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 d – paragraph 3 – subparagraph 2
The conclusions of the regulatory body shall be binding on the authorising authorities.deleted
2018/10/04
Committee: TRAN
Amendment 361 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 d – paragraph 5
5. The Commission is empowered to adopt delegated acts in accordance with Article 26 establishing the procedure and criteria to be followed for the application of this Article.;
2018/10/04
Committee: TRAN
Amendment 369 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 1073/2009
Article 9
Articles 8, 8a, 8b and 8ca shall apply, mutatis mutandis, to applications for the renewal of authorisations or for alteration of the conditions under which the services subject to authorisation must be carried out.;
2018/10/04
Committee: TRAN
Amendment 395 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Regulation (EC) No 1073/2009
Article 26 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 4(2), 5(5), 6(4), 7(2), 8d(5) and 28(3) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Regulation].
2018/10/04
Committee: TRAN
Amendment 396 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Regulation (EC) No 1073/2009
Article 26 – paragraph 3
3. The delegation of power referred to in Articles 4(2), 5(5), 6(4), 7(2), 8d(5) and 28(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
2018/10/04
Committee: TRAN
Amendment 397 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Regulation (EC) No 1073/2009
Article 26 – paragraph 6
6. A delegated act adopted pursuant to Articles 4(2), 5(5), 6(4), 7(2), 8d(5) and 28(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.;
2018/10/04
Committee: TRAN
Amendment 404 #
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Regulation (EC) No 1073/2009
Article 28 – paragraph 5
5. By [please insert the date calculated 5 years after date of application of this Regulation], the Commission shall submit a report to the European Parliament and the Council on the application of this Regulation. The report shall include information on the extent to which this Regulation has contributed to a better functioning road passenger transport markesystem, in particular for passengers, the bus and coach workforce and the environment.
2018/10/04
Committee: TRAN
Amendment 406 #
Proposal for a regulation
Article 1 – paragraph 1 – point 21 b (new)
Regulation (EC) No 1073/2009
Article 29
(21b) Article 29deleted
2018/10/04
Committee: TRAN