35 Amendments of David Maria SASSOLI related to 2016/0149(COD)
Amendment 88 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Article 14 of the Treaty on the Functioning of the European Union stipulates that the Member States and the Union, each within their respective powers and within the scope of application of the Treaties, must take care to ensure that services of general economic interest operate on the basis of principles and conditions, particularly economic and financial conditions, which enable them to fulfil their missions, in view of the importance of these services in terms of the shared values of the Union as well as their role in promoting social and territorial cohesion. This Regulation, in full compliance with Article 14 TFEU and Directive 97/67/EC on postal services, seeks to strike a balance between interests that are equally important and deserving of protection: the interest in not interfering with universal service providers which provide a service of general economic interest within the meaning of Article 14 TFEU, such as postal service providers, and the interest in promoting competition and non- discriminatory market access also for small and medium-sized enterprises, as defined in Commission Recommendation 2003/361/EC. Therefore, this Regulation does not have a negative impact on the service of general economic interest provided by universal service providers, including the postal service.
Amendment 107 #
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, and 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 thereforecomplies in full with Directive 97/67/EC and complements, insofar as cross-border parcel delivery services are concerned, the rules set out in Directive 97/67/ECtherein. _________________ 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 15, 21.1.1998, p. 14 - 25).
Amendment 120 #
Proposal for a regulation
Recital 9
Recital 9
Amendment 130 #
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 137 #
Proposal for a regulation
Recital 14
Recital 14
(14) When national regulatory authorities annually assess the affordability of tariffs, they should base themselves on objective criteria, such as the domestic tariffs of the originating universal service providers and the destination universal service providers and the level of terminal rates. Those common criteria may be complemented by other criteria of particular relevance for explaining the tariffs in question, such as specific transportation or handling costs and bilateral volumes between different cross- border parcel delivery service providers.
Amendment 152 #
(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, in full compliance with Union competition law and with Directive 97/67/EC.
Amendment 171 #
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 184 #
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 other than an item of correspondence with a weight not exceeding 31.5 kg;
Amendment 186 #
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 items other than items of correspondence; transport alone and the shipment of goods shall not be considered a parcel delivery service where they are not carried out as part of a postal service, but rather as part of the business of the haulage company and of the international freight company; delivery of such items exceeding 31,5 kg shall not be considered a parcel delivery service;
Amendment 197 #
Proposal for a regulation
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
Amendment 240 #
Proposal for a regulation
Article 4 – title
Article 4 – title
Transparency of tariffs and terminal ratecross-border tariffs
Amendment 247 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Universal service providers providing parcel delivery services and cross-border parcel delivery service providers which have a dominant position on the reference market, with a network covering at least a substantial portion of the territory of a Member State, 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 January of each calendar year at the latest.
Amendment 258 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 268 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 276 #
Proposal for a regulation
Article 5 – title
Article 5 – title
Assessing affordability of cross-border tariffs
Amendment 284 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. The national regulatory authority shall assess the affordability of cross- border tariffs 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:identify, for the postal items referred to in the Annex to this Regulation included in the universal service obligation for the relevant Member State, the cross-border delivery tariffs provided under Article 4 that should be subjected to an affordability assessment, setting out the reasons for its choice, based on objective criteria.
Amendment 293 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 294 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 301 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
Amendment 306 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The national regulatory authority shall conduct the assessment referred to in paragraph 1 on the basis of its own experience and market knowledge. The assessment shall not be necessary where: (a) the tariffs are already subject to price regulation under national legislation or (b) similar services are offered by another parcel delivery service provider.
Amendment 309 #
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 affordable, it shall request further necessary information and/or justification in relation to the level of those tariffs from the universal service providerdeems it necessary to carry out an affordability assessment, it shall take into account the possible impact of the cross-border tariffs in question on: (a) individual users with little disposable income; (b) individual users and small and medium-sized enterprises living or situated in remote or sparsely populated areas; (c) individual users and small and medium-sized enterprises that regularly use parcel delivery services.
Amendment 317 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Where the national regulatory authority reaches the conclusion that the cross-border tariffs assessed under paragraph 2 are not affordable, it shall request from the universal service provider and/or the cross-border parcel delivery service provider which has a dominant position on the reference market, with a network covering at least a substantial portion of the territory of a Member State, the necessary additional information and/or justification in relation to the level of those tariffs, such as the specific transportation or handling costs and bilateral volumes between different cross-border parcel delivery service providers.
Amendment 318 #
Proposal for a regulation
Article 5 – paragraph 2 b (new)
Article 5 – paragraph 2 b (new)
2b. The authority shall assess the affordability of the tariffs for users within three months of receiving the information obtained under Article 4.
Amendment 319 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The universal service provider and the cross-border parcel delivery service providers which have a dominant position on the reference market, with a network covering at least a substantial portion of the territory of a Member State, shall provide the national regulatory authority with the information and/or justification referred to in paragraph 2a within 1530 working days of receipt of the request.
Amendment 331 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The national regulatory authority shall submit its assessment, including any information and/or justification provided in accordance with paragraph 3,a non-confidential version of its own assessment to the Commission, and the national regulatory authorities of the other Member States and the national authorities within the Member State of the submitting national regulatory authority entrusted with the implementation of competition law. A non-confidential version of that assessment shall also be provided to the Commission. That information shall be provided by 31 March of each calendar year at the latest.
Amendment 344 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Amendment 346 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Whenever universal service providers providingcross-border parcel delivery service providers conclude multilateral agreements on terminal rates, they shall meet all reasonable requests for access to all network elements and associated facilities as well as relevant services and information systems, necessary for the provision of cross-border parcel delivery services, in full compliance with EU competition law, meet all reasonable requests for access to those agreements, under non-discriminatory conditions, made by third-party cross-border parcel delivery services defined as small and medium-sized enterprises (SMEs) under Commission Recommendation 2003/361/EC.
Amendment 350 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The point at which access should be provided shall be the inward office of exchange in the desAny refusal to grant access shall be justified clearly, on the basis of objective criteria, and shall be notified to the national regulatory authorities. Saturation of the network and the need to make considerable additionation Member Statel investments to enable access may constitute an objective justification to refuse access.
Amendment 352 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 354 #
Amendment 355 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 356 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
Amendment 358 #
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
Amendment 361 #
Proposal for a regulation
Article 6 – paragraph 8
Article 6 – paragraph 8
Amendment 366 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Before XX/XX/2019, and thereafter every fourthree years, the Commission shall submit to the European Parliament, the Council and the Economic and Social Committee an evaluation report on the application of this Regulation accompanied where appropriate by a proposal for its review. The Commission report on the application of the Regulation shall be preceded by, and based on, wide-ranging consultations with all stakeholders.