26 Amendments of Inés AYALA SENDER related to 2016/0149(COD)
Amendment 83 #
Proposal for a regulation
Recital 1
Recital 1
(1) The tariffs applicable to low volume usenders of cross-border parcels and other postal item delivery services, 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- commercethose users, especially in the context of e-commerce. In addition, users often report quality of service issues when sending, receiving or returning cross-border parcels.
Amendment 99 #
Proposal for a regulation
Recital 4
Recital 4
(4) In order to improve the affordabilityevaluation of cross-border parcel delivery services, especially for users in remote or sparsely populated areas and for those who are disabled or with reduced mobility, it is necessary to improve the transparency of public lists of tariffs for a limited set of cross-border parcel delivery services offered by unparcel deliversaly service providers, which are mostly used by small and medium-sized enterprises and individuals. Transparency of public lists is also necessary to address the issue of high tariffs of cross-border delivery services and to reduce, where applicable, unjustified tariff differences between nationaldomestic and cross-border parcel delivery services.
Amendment 110 #
Proposal for a regulation
Recital 7
Recital 7
(7) An estimated 80 % of addressed postal itemparcels generated by e-commerce today weigh less than two kilograms, and are often processed in the letter-post mail stream, although no information is available on the weight of parcels delivered by other operators. It is important that those postal items are subject to this Regulation, notably to the requirements on transparency of tariffs and the assessment of their affordabilityexcessively high tariffs.
Amendment 117 #
Proposal for a regulation
Recital 8
Recital 8
(8) Therefore, it is important to provide a clear definition of parcels and parcel delivery services and to specify which postal items are covered by that definition. This concerns in particular postal items, other than items of correspondence, which because of their weight are commonly used for sending goods and merchandise. This Regulation should therefore cover, in line with consistent practice, postal items or any item with or without commercial value weighing up to 31.5 kg, as heavier items cannot be handled by a single average individual without mechanical aids. In line with current practice and Directive 97/67/EC, each step in the postal chain, i.e. clearance, sorting and delivery should be considered parcel delivery services. Transport alone that is not undertaken in conjunction with one of those steps should fall outside the scope of parcel delivery services as it can in this case be assumed that this activity is part of the transport sector.
Amendment 121 #
Proposal for a regulation
Recital 9
Recital 9
(9) Terminal rates are based on multilateral and bilateral agreements between unparcel deliversaly service providers and ensure that the destination unparcel deliversaly service provider is remunerated for the costs of the service provided to the originating unparcel deliversaly service provider. Terminal rates should be defined in such a way that ithey 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. , as well as the transfer costs, understood as payments performed by a parcel delivery service provider in the originating Member State to its subsidiaries in the destination Member State
Amendment 140 #
Proposal for a regulation
Recital 15
Recital 15
(15) Uniform tariffs for cross-border deliveries to two or more Member States may be important in the interest of protecting regional and social cohesion. In this context it should be considered that e- commerce offers new opportunities for sparsely populated and remote areas to participate in the economic life. It is therefore necessary to take any uniform tariffs fully into account when assessing the affordability of parcel delivery services.
Amendment 146 #
Proposal for a regulation
Recital 16
Recital 16
(16) Significant differences between domestic andUnreasonable high 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 148 #
Proposal for a regulation
Recital 17
Recital 17
(17) In order to ensure transparency across the Union, 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. 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 158 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19 a) Despite pending formal requests, the development of quality of service for cross-border parcel deliveries has been slow and requires further active promotion. This work should take into account in particular the interests of users, and efficiency and environmental considerations.
Amendment 163 #
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 regardsachieve better accessibility for users to efficient and affordable transparent cross-border parcel delivery services that should support competition, 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 173 #
Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
Article 1 – paragraph 1 – point b a (new)
(ba) promotion of further harmonisation of interoperability and quality of service.
Amendment 183 #
Proposal for a regulation
Article 2 – paragraph 2 – point a a (new)
Article 2 – paragraph 2 – point a a (new)
(aa) “parcel” means a postal item or shipment with or without commercial value, other than an item of correspondence, with a weight not exceeding 31,5 kg;
Amendment 192 #
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 or distribution of postal itemarcels 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 service; (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 201 #
Proposal for a regulation
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) “terminal rates” means payments from the originating unparcel deliversaly service provider to the destination unparcel deliversaly service provider, to intermediaries or to its subsidiaries in the destination Member State where applicable, for the costs of cross- border parcel delivery services in the destination Member State.;
Amendment 205 #
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Article 2a Level of harmonisation The requirements laid down in this Regulation are minimum requirements and shall not prevent any Member State from maintaining measures which predate the entry into force of this Regulation, in order to achieve better accessibility for users to efficient and transparent cross-border parcel delivery services. Such measures shall be compatible with Union law.
Amendment 229 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 250 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. UniversaAll cross-border parcel service providdeliversy providing parcel delivery servicesers falling within the scope of Article 3 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 items falling within the categories listed in the Annex. That information shall be provided by 31 Jan28 February of each calendar year at the latest.
Amendment 279 #
Proposal for a regulation
Article 5 – title
Article 5 – title
Assessing affordability of tariffs
Amendment 280 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. The national regulatory authority shall assess the affordabilitymake an initial assessment of cross- border tariffs included in the public lists of tariffs obtained in accordance with Article 4(1) within 3three months of receipt of that information. InThe purpose of that assessment, in particular the following elements shall be taken into account: shall be to assess anomalies, disproportionate tariffs and whether the cost to individuals and small and medium sized enterprises is reasonable compare to the costs of the service and to what extent the uptake of cross-border parcel delivery services is affected by the applicable cross-border tariffs.
Amendment 312 #
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 affordabledisproportionate or represent anomalies, it shall request further necessary information and/or justification in relation to the level of those tariffs from the universal service provider.
Amendment 325 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The universPostal service providers shall provide 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 339 #
Proposal for a regulation
Article 6
Article 6
Amendment 364 #
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6a Harmonisation of interoperability and quality of service Quality of service and interoperability of cross-border parcel deliveries shall be prioritised further in accordance with the provisions of Directive 97/67/EC, taking into account in particular the interests of users, and efficiency and environmental considerations.
Amendment 371 #
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) whether the aeffordaiciency and accessibility of cross- border parcel delivery services has improved, including for users located in remote or sparsely populated areas;
Amendment 378 #
Proposal for a regulation
Article 8 – paragraph 2 – point b a (new)
Article 8 – paragraph 2 – point b a (new)
(ba) progress on quality of service and on the development interoperability for cross-border parcel deliveries;
Amendment 384 #
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: