Activities of Jean-Paul BESSET related to 2012/0344(NLE)
Shadow reports (1)
REPORT on the proposal for a Council regulation amending Regulation (EC) No 994/98 of 7 May 1998 on the application of Articles 92 and 93 of the Treaty establishing the European Community to certain categories of horizontal State aid and Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road PDF (224 KB) DOC (243 KB)
Amendments (4)
Amendment 36 #
Proposal for a regulation
Recital 11
Recital 11
(11) In relation to aid for transport by rail, road and inland waterways, Article 93 of the Treaty states that aid meeting the needs of coordination of transport or representing reimbursement for the discharge of certain obligations inherent in the concept of a public service shall be compatible with the Treaties. Article 9 of Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road*1 currently exempts from the prior notification requirement laid down in Article 108(3) of the Treaty public service 1 OJ L 315, 3.12.2007, p.1. compensations for the operation of public passenger transport services or for complying with tariff obligations that are established through general rules and paid in accordance with Regulation (EC) No 1370/2007. In order to harmonize the approach to block exemption regulations in the field of State aid, and in accordance with the procedures foreseen in Articles 108(4) and 109 of the Treaty, aid for the coordination of transport or reimbursement for the discharge of certain obligations inherent in the concept of a public servSuch an exemption is appropriate and justified on the basis of provisions of articles 93 and 91 of the TFEU which provides for a legal basis for defining a compatibility framework for state aid in the transport sector. Moreover, the third recital of REGULATION (EC) No 1370/2007 points out that Article as referred to in A73 TEC (article 93 of TFEU) of the Treaty should be brought under the scope of Regulation (EC) No 994/98. Article 9 of Regulation (EC) No 1370/2007 should be therefore be deleted with effect from six months after the entry into force of a regulation adopted by the Commission concerning this category of State aidconstitutes a lex specialis in relation to Article 86(2) TEC (article 106.2). It establishes rules applicable to the compensation of public service obligations in inland transport.
Amendment 40 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) The legal basis for this Regulation, Article 109 TFEU, provides only for consultation of Parliament, not for the ordinary legislative procedure in line with other areas of market integration and economic regulation further to the entry into force of the Lisbon Treaty. This democratic deficit cannot be tolerated in respect of proposals that concern the means of oversight by the Commission of decisions and acts by national and local elected authorities, in particular as regards services of general economic interest related to fundamental rights. This deficit should be corrected in any future Treaty change. The Commission blueprint for a deeper Economic and Monetary Union foresees proposals for a Treaty change by 2014. Such a proposal should include inter alia a specific proposal to transform non legislative acts adopted under article 109 into legislative acts adopted under the ordinary legislative procedure.
Amendment 52 #
Proposal for a regulation
Article 1 – point 2 a (new)
Article 1 – point 2 a (new)
Regulation (EC) No 994/98
Article 5
Article 5
(2a) Article 5 is replaced by the following: Article 5 Evaluation report Every two years the Commission shall submit a report to the European Parliament and to the Council on the application of this Regulation. The report shall in particular provide for a broad cost-benefit assessment of the block exemptions granted in accordance with this Regulation as well as a assessment of its contribution to the overall EU 2020 strategy flagship initiatives and the Innovation policy Horizon 2020. It shall submit a draft report for consideration by the Advisory Committee referred to in Article 7.
Amendment 57 #
Proposal for a regulation
Article 2
Article 2
Regulation (EC) No 1370/2007
Article 9
Article 9