15 Amendments of Daniel DALTON related to 2017/0288(COD)
Amendment 41 #
Proposal for a regulation
Recital 2
Recital 2
Amendment 56 #
Proposal for a regulation
Recital 4
Recital 4
(4) Commercial regular service operations should not compromise the economic equilibrium of existingnflict with the exclusive rights under an existing or planned future 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 65 #
Proposal for a regulation
Recital 6
Recital 6
(6) In order to ensure fair competition in the market, operators of regular services should be provided with access rights to publicly owned 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.
Amendment 73 #
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 onflict with the exclusive rights under an existing or planned public service contract, it should be possible to increase that threshold.
Amendment 87 #
Proposal for a regulation
Recital 13
Recital 13
Amendment 114 #
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 facility with a minimum area of 600m2,Subject to the definitions and requirements laid down in national legislation, ‘terminal’ means any publicly- owned facility which provides a parking place that is used by coaches and buses for the setting down or picking up of passengers;
Amendment 183 #
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
Article 5 a – paragraph 1
1. Terminal operators shall grant carriers the right to access publicly owned 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 189 #
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
Terminal operators shall endeavour to accommodate all requests for access in order to ensure optimum use of publicly owned terminals.
Amendment 206 #
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
Amendment 295 #
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
Authorisation procedure for international regular services
Amendment 298 #
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
1. TMember States may choose to establish an authorisation procedure for national regular interurban services. Where an authorisation procedure is required for national regular interurban services in a Member State, 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) and (e).
Amendment 303 #
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
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 (ce) of Article 8c(2) and, if the service is carrying passengers over a distance of less than 100 kilometres as the crow flies,; Notwithstanding, the competent authority must reject the authorisation when so required, within the period specified in paragraph 1, by the competent authority of one of the Member States on whose territory passengers are picked up or set down, for one or more of the reasons listed in points a) to e) of Article 8c(2)(d).
Amendment 331 #
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 – point d
Article 8 c – paragraph 2 – subparagraph 2 – point d
(d) a regulatory body establishes onthat the basis of an objectivservice economic analysis that the service would compromise the economic equilibrium offlicts with the exclusive rights awarded to an operator under a public service contract.
Amendment 332 #
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 – point d a (new)
Article 8 c – paragraph 2 – subparagraph 2 – point d a (new)
(da) the applicant has applied for authorisation for a regular service on a particular route or network or in a particular area where a competent authority has granted or planned to grant to an undertaking – or public service operator - an exclusive right to perform the same, similar or equivalent public transport services in return for the discharge of public service obligations within the framework of a public service contract, or if the proposed regular service occurs in an urban or suburban centre or conurbation, or it meets the transport needs between it and the surrounding areas.
Amendment 339 #
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 the proposed regular service carries passengers over distances of less than 100 kilservice would conflict with the exclusive rights awarded to an operator under a public service contract or if it occurs in an urban or suburban centre or conurbation, or meets the transport needs between it and the surrounding areas. When a competres as the crow flies and if the service would compromise the economic equilibrium of a public service contractent authority has granted or plans to award exclusive rights to an undertaking performing a public service contract in accordance with Article 3 of Regulation (EC) Nº 1370/2007 of the European Parliament and of the Council, the protection of exclusive rights shall only relate to the operation of public transport passenger transport services within the routes, areas or networks covered by those rights.