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)
Common rules for access to the international market for coach and bus services (debate)
Amendments (58)
Amendment 38 #
Proposal for a regulation
Recital 1
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).
Amendment 45 #
Proposal for a regulation
Recital 2
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.
Amendment 52 #
Proposal for a regulation
Recital 4
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.
Amendment 67 #
Proposal for a regulation
Recital 6
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.
Amendment 70 #
Proposal for a regulation
Recital 8
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.
Amendment 79 #
Proposal for a regulation
Recital 9
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.
Amendment 83 #
Proposal for a regulation
Recital 10
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.
Amendment 89 #
Proposal for a regulation
Recital 14
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.
Amendment 113 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Regulation (EC) No 1073/2009
Article 2 – paragraph 9
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;
Amendment 122 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Regulation (EC) No 1073/2009
Article 2 – paragraph 11
Article 2 – paragraph 11
Amendment 138 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 1
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.
Amendment 147 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 2
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.
Amendment 154 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 3 – point a
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;.
Amendment 166 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 5
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.
Amendment 169 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 6
Article 3 a – paragraph 6
6. Decisions taken by the regulatory body shall be made public within two weeks.;
Amendment 184 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1073/2009
Article 5 a
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.
Amendment 185 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1073/2009
Article 5 a – paragraph 1 a (new)
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.
Amendment 186 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1073/2009
Article 5 a – paragraph 2 – subparagraph 1
Article 5 a – paragraph 2 – subparagraph 1
Amendment 193 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1073/2009
Article 5 a – paragraph 2 – subparagraph 2
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.
Amendment 199 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1073/2009
Article 5 a – paragraph 2 – subparagraph 3
Article 5 a – paragraph 2 – subparagraph 3
Amendment 205 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1073/2009
Article 5 a – paragraph 3
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.
Amendment 207 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1073/2009
Article 5 a – paragraph 3 – point a
Article 5 a – paragraph 3 – point a
Amendment 209 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1073/2009
Article 5 a – paragraph 3 – point b
Article 5 a – paragraph 3 – point b
Amendment 211 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1073/2009
Article 5 a – paragraph 3 – point c
Article 5 a – paragraph 3 – point c
Amendment 217 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 Regulation (EC) No 1073/2009
Article 1 – paragraph 1 – point 7 Regulation (EC) No 1073/2009
Amendment 227 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 1073/2009
Article 5 b – paragraph 5 – subparagraph 2
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
Amendment 230 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 1073/2009
Article 5 b – paragraph 5 – subparagraph 3
Article 5 b – paragraph 5 – subparagraph 3
Amendment 239 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 1073/2009
Article 8 – title
Article 8 – title
Authorisation procedure for the international carriage of passengers over a distance of less than 100 kilometres as the crow flies
Amendment 249 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
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..
Amendment 253 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 1073/2009
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 254 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 1073/2009
Article 8 – paragraph 6
Article 8 – paragraph 6
Amendment 257 #
Amendment 259 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Articles 8 a to 8 d
Articles 8 a to 8 d
Amendment 262 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 a
Article 8 a
Amendment 263 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 a – title
Article 8 a – title
Amendment 269 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 a – paragraph 1
Article 8 a – paragraph 1
Amendment 274 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 Regulation (EC) No 1073/2009
Article 1 – paragraph 1 – point 11 Regulation (EC) No 1073/2009
Amendment 281 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 a – paragraph 3
Article 8 a – paragraph 3
Amendment 292 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 b
Article 8 b
Amendment 294 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 b – title
Article 8 b – title
Amendment 296 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 b – paragraph 1
Article 8 b – paragraph 1
Amendment 302 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 b – paragraph 2
Article 8 b – paragraph 2
Amendment 311 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 b – paragraph 3
Article 8 b – paragraph 3
Amendment 320 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 Regulation (EC) No 1073/2009
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.
Amendment 321 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 c – paragraph 2 – subparagraph 2
Article 8 c – paragraph 2 – subparagraph 2
Amendment 335 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 c – paragraph 3
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.
Amendment 341 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 d – paragraph 1
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.
Amendment 348 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 d – paragraph 2 – subparagraph 1
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.
Amendment 350 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 d – paragraph 2 – subparagraph 2
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.
Amendment 354 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 d – paragraph 3 – subparagraph 1
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.
Amendment 355 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 d – paragraph 3 – subparagraph 2
Article 8 d – paragraph 3 – subparagraph 2
Amendment 361 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 d – paragraph 5
Article 8 d – paragraph 5
Amendment 369 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 1073/2009
Article 9
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.;
Amendment 395 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Regulation (EC) No 1073/2009
Article 26 – paragraph 2
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].
Amendment 396 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Regulation (EC) No 1073/2009
Article 26 – paragraph 3
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.
Amendment 397 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Regulation (EC) No 1073/2009
Article 26 – paragraph 6
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.;
Amendment 404 #
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Regulation (EC) No 1073/2009
Article 28 – paragraph 5
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.
Amendment 406 #
Proposal for a regulation
Article 1 – paragraph 1 – point 21 b (new)
Article 1 – paragraph 1 – point 21 b (new)
Regulation (EC) No 1073/2009
Article 29
Article 29