[ParlTrack]

Proposal for a regulation
Recital 9 a (new)

(9 a) The principle of reciprocity is an important means of counteracting distortion of competition; this principle should apply to companies from third countries that wish to participate in tendering procedures within the Union.

2013/09/27
Committee: EMPL

Sari ESSAYAH, Hannu TAKKULA

Proposal for a regulation
Recital 9 a (new)

(9a) The principle of reciprocity is an important means of counteracting distortion of competition; this principle should apply to companies from third countries that wish to participate in tendering procedures within the Union.

2013/09/23
Committee: TRAN

Sari ESSAYAH

Proposal for a regulation
Article 1 – point 2

Regulation (EC) No 1370/2007
Article 2a – paragraph 3

The specifications of public service obligations for public passenger transport and the scope of their application shall be established as follows: (a) they shall be defined in accordance with Article 2 (e); (b) they shall be appropriate to achieve the objectives of the public transport plan; (c) they shall not exceed what is necessary and proportionate to achieve the objectives of the public transport plan. The assessment of appropriateness referred to in point (b) shall take into account whether a public intervention in the provision of passenger transport is a suitable means of achieving the objectives of the public transport plans. For public passenger transport by rail the assessment of necessity and proportionality referred to in point (c) shall take into account the transport services provided under Article 10(2) of Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (recast)12 and consider all information given to the infrastructure managers and regulatory bodies pursuant to the first sentence of Article 38(4) of that Directive. __________________ 1deleted OJ L 343 of 14.12.2012, p. 32

2013/09/27
Committee: EMPL

Sari ESSAYAH

Proposal for a regulation
Article 1 – point 2

Regulation (EC) No 1370/2007
Article 2a – paragraph 6 – point b

the maximum annual volume of a public service contract in terms of train-km shall be the higher value of either 10 million train-km or one third of the total national public rail passenger transport volume under public service contract.deleted

2013/09/27
Committee: EMPL

Sari ESSAYAH

Proposal for a regulation
Article 1 – point 4 – point a a (new)

Regulation (EC) No 1370/2007
Article 5 – paragraph 5a (new)

The Member States may exclude from tendering procedures operators or undertakings where the control belongs directly or indirectly to a person or persons from a third country or third countries if such countries have no provisions which allow for competitive tendering bids for companies from the Member States of the Union or do not provide effective access to their markets. For the purposes of this paragraph, control shall be constituted by rights, contracts or any other means which, either separately or in combination and having regards to the considerations of fact or law involved, confer the possibility of exercising decisive influence on an undertaking, in particular by: (a) ownership or the right to use all or part of the assets of an undertaking; (b) rights or contracts which confer decisive influence on the composition, voting or decisions of the organs of an undertaking.

2013/09/27
Committee: EMPL

Sari ESSAYAH

Proposal for a regulation
Article 1 – point 4 – point b

Regulation (EC) No 1370/2007
Article 5 – paragraph 6

Paragraph 6 is replaced by the following: ‘‘Competent authorities may decide that, in order to increase competition between railway undertakings, contracts for public passenger transport by rail covering parts of the same network or package of routes shall be awarded to different railway undertakings. To this end the competent authorities may decide before launching the tender procedure to limit the number of contracts to be awarded to the same railway undertaking.’’deleted

2013/09/27
Committee: EMPL

Sari ESSAYAH, Hannu TAKKULA

Proposal for a regulation
Article 1 – point 2

Regulation (EC) 1370/2007
Article 2 a (new) – paragraph 3

3. The specifications of public service obligations for public passenger transport and the scope of their application shall be established as follows: (a) they shall be defined in accordance with Article 2 (e); (b) they shall be appropriate to achieve the objectives of the public transport plan; (c) they shall not exceed what is necessary and proportionate to achieve the objectives of the public transport plan. The assessment of appropriateness referred to in point (b) shall take into account whether a public intervention in the provision of passenger transport is a suitable means of achieving the objectives of the public transport plans. For public passenger transport by rail the assessment of necessity and proportionality referred to in point (c) shall take into account the transport services provided under Article 10(2) of Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (recast) and consider all information given to the infrastructure managers and regulatory bodies pursuant to the first sentence of Article 38(4) of that Directive.deleted

2013/09/23
Committee: TRAN

Sari ESSAYAH, Hannu TAKKULA

Proposal for a regulation
Article 1 – point 2

the maximum annual volume of a public service contract in terms of train-km shall be the higher value of either 10 million train-km or one third of the total national public rail passenger transport volume under public service contract.deleted

2013/09/23
Committee: TRAN

Sari ESSAYAH, Hannu TAKKULA

Proposal for a regulation
Article 1 – point 4 – point -a c (new)

Regulation (EC) No. 1370/2007
Article 5 – paragraph 3 a (new)

The following paragraph 3 a is added: “(3a) The Member States may exclude from tendering procedures operators or undertakings where the control belongs directly or indirectly to a person or persons from a third country or third countries if such countries have no provisions which allow for competitive tendering bids for companies from the Member States of the Union or do not provide effective access to their markets. For the purposes of this paragraph, control shall be constituted by rights, contracts or any other means which, either separately or in combination and having regards to the considerations of fact or law involved, confer the possibility of exercising decisive influence on an undertaking, in particular by: (a) ownership or the right to use all or part of the assets of an undertaking; (b) rights or contracts which confer decisive influence on the composition, voting or decisions of the organs of an undertaking.”

2013/09/23
Committee: TRAN

Sari ESSAYAH, Hannu TAKKULA

Proposal for a regulation
Article 1 – point 4 – point b

Regulation (EC) No. 1370/2007
Article 5 – paragraph 6

(b) Paragraph 6 is replaced by the following: ‘Competent authorities may decide that, in order to increase competition between railway undertakings, contracts for public passenger transport by rail covering parts of the same network or package of routes shall be awarded to different railway undertakings. To this end the competent authorities may decide before launching the tender procedure to limit the number of contracts to be awarded to the same railway undertaking.’deleted

2013/09/23
Committee: TRAN

10 Amendments of Sari ESSAYAH related to 2013/0028(COD)

ParlTrack - 2011-2024