24 Amendments of Daniel DALTON related to 2016/0149(COD)
Amendment 51 #
Proposal for a regulation
Recital 1
Recital 1
(1) TIn some 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 63 #
Proposal for a regulation
Recital 5
Recital 5
Amendment 72 #
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, transparency of tariffs and terminal rates for certain cross- border parcel delivery services, 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 75 #
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 thatose definitions. 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 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 87 #
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 universal 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 103 #
Proposal for a regulation
Recital 18
Recital 18
(18) Universal 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.
Amendment 105 #
Proposal for a regulation
Recital 19
Recital 19
Amendment 122 #
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 123 #
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
Amendment 142 #
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 service;
Amendment 145 #
Proposal for a regulation
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
Amendment 173 #
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. By 31 Marchy 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:
Amendment 183 #
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 205 #
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. A parcel delivery service provider which employngages fewer than 50 persons (whatever their employment or self- employment status) shall not be subject to the obligations under paragraph 1 and 2, unless that provider is established in more than one Member State.
Amendment 207 #
Proposal for a regulation
Article 3 – paragraph 6 a (new)
Article 3 – paragraph 6 a (new)
6 a. Where information is considered confidential by a national regulatory authority, in accordance with Community and national business confidentiality rules, the Commission and the national regulatory authorities concerned shall preserve such confidentiality.
Amendment 208 #
Proposal for a regulation
Article 4 – title
Article 4 – title
Transparency of tariffs and terminal rates
Amendment 216 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 223 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 235 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. The national regulatory authority shallmay assess the affordability for users of cross- border tariffs forming part of the universal service included in the public lists of tariffs obtained in accordance with Article 4(1) within 3 months of receipt of that information. In that assessment, in particular the following elements shall be taken into account: in accordance with article 12 of Directive 97/67/EC.
Amendment 242 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 247 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 253 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
Amendment 267 #
Proposal for a regulation
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5 a. Where information is considered confidential by a national regulatory authority, in accordance with Community and national business confidentiality rules, the Commission and the national regulatory authorities concerned shall preserve such confidentiality.
Amendment 271 #
Proposal for a regulation
Article 6
Article 6