31 Amendments of Gesine MEISSNER related to 2016/0149(COD)
Amendment 96 #
Proposal for a regulation
Recital 4
Recital 4
(4) In order to improve the affordability of cross-border parcel delivery services, especially for usersindividuals and small businesses, including in remote or sparsely populated areas, it is necessary to improve the transparency of public lists of single piece tariffs for a limited set of cross-border parcel delivery services offered by unparcel deliversaly service providers, which are mostly used by small and medium-sized enterprises and individuals. Transparency of public lists is also necessary to address the issue of high tariffs of cross-border delivery services and to reduce, where applicable, unjustified tariff differences between national and cross-border parcel delivery services.
Amendment 100 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) Standard single piece parcel is part of the universal service in every Member State and is also the service the most frequently used by individuals and small businesses. Improving the transparency and the affordability of single piece tariffs is necessary for the further development of e-commerce.
Amendment 115 #
Proposal for a regulation
Recital 8
Recital 8
(8) Therefore, it is important to provide a clear definition of parcel, parcel delivery services and parcel delivery service provider 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. Undertakings involved only in the self provision of services which forms part of the sales contract as defined by point 5, Article 2 of Directive 2011/83/EU should fall outside the scope of parcel delivery service provider.
Amendment 125 #
Proposal for a regulation
Recital 9
Recital 9
(9) Terminal rates are based on multilateral and bilateral agreements between unparcel deliversaly service providers and ensure that the destination unparcel deliversaly service provider is remunerated for the costs of the service provided to the originating unparcel deliversaly service provider. Terminal rates should be defined in such a way that it includes both terminal dues, as defined in point 15 of Article 2 of Directive 97/67/EC that are applied for letter mail items and inward land rates that are applied to parcels.
Amendment 129 #
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 unparcel deliversaly service providers operating cross- border 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 objectively 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 138 #
Proposal for a regulation
Recital 14
Recital 14
(14) When national regulatory authorities annually assess the affordability of tariffsat tariffs are affordable, 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 141 #
Proposal for a regulation
Recital 15
Recital 15
(15) Uniform tariffs for cross-border deliveries to two or more Member States may be important in the interest of protecting regional and social cohesion. In this context it should be considered that e- commerce offers new opportunities for sparsely populated areas to participate in the economic life. It is therefore necessary to take any uniform tariffs fully into account when assessing the affordabilitytariffs of parcel delivery services.
Amendment 145 #
Proposal for a regulation
Recital 16
Recital 16
(16) Significant differences between domestic and cross-border tariffs for parcel delivery services should be justified by objective criteria, such as additional costs for transport and a reasonable profit margin. Universal service providers providing parcel delivery services should be required to provide such justification without delaParcel delivery service providers shall provide such justification without delay whenever it is requested by the National Regulatory Authority.
Amendment 155 #
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 agreementsor bilateral agreements. Universal service providers may refuse or limit the access. In this case they must notify the National Regulatory Authority and justify their decision based on objective criteria in order for the National Regulatory Authority to assess it. 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 or bilateral 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 161 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order to ensure uniform conditions for the implementation of thestablish the specific obligations for all parcel delivery service providers to submitwith regard to the provision of information to the national regulatory authorities, implementing powersthe power to adopt acts in accordance with Article 290 TFEU should be conferrdelegated ton the Commission to establish ain respect of the form for the submission of suchthe information. Those powers should be exercised in acc provided by parcel delivery service providers to the national regulatory authorities. It is of particular impordtance with Regulation (EU) No 182/2011 of the European Parliament and of the Council50 . _________________ 50 Regthat the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultation (EU) 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13 - 18)s be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making*. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 181 #
Proposal for a regulation
Article 2 – paragraph 2 – point -a (new)
Article 2 – paragraph 2 – point -a (new)
(-a) “parcel” means a postal item other than an item of correspondence with a weight not exceeding 31,5 kg;
Amendment 189 #
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 correspondencearcels; 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 195 #
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) “parcel delivery service provider” means an undertaking that provides one or more parcel delivery services, with the exception of undertakings involved only in the self provision of services which forms part of the sales contract as defined in point 5 of Article 2 of Directive 2011/83/EU;
Amendment 214 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. In case of any change concerning information referred to in the first subparagraph 1, parcel delivery service providers shall inform the national regulatory authority of this change within 30 days.
Amendment 224 #
Proposal for a regulation
Article 3 – paragraph 3 – point c
Article 3 – paragraph 3 – point c
(c) the number of postal items other than items of correspondence and not exceeding 31,5 kgarcels handled in the Member State in which the provider is established in the previous calendar year, broken down into national, incoming and outgoing cross- border postal items.
Amendment 227 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The Commission shall, by means of an implementing act, adopt delegated acts in accordance with Article 9a establishing a form for the submission of the information referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to ins 1, 2 and 3 of this Article 9.
Amendment 232 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. The national regulatory authorities may impose information requirements additional to those referred to in paragraphs 1, 2 and 23 where they are necessary to ensure conformity with this Regulation.
Amendment 241 #
Proposal for a regulation
Article 4 – title
Article 4 – title
Transparency of single piece tariffs and terminal rates
Amendment 248 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. UnAll parcel deliversaly service providers providing cross-border parcel delivery services shall provide the national regulatory authority of the Member State in which they are established with the public list of single piece 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 266 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. UnAll parcel deliversaly service providers providing cross-border parcel delivery services shall provide the national regulatory authority with the terminal rates applicable on 1 January of each calendar year to postal items originating from other Member States. That information shall be provided by 31 January of each calendar year at the latest.
Amendment 278 #
Proposal for a regulation
Article 5 – title
Article 5 – title
Assessing affordability ofsingle piece tariffs
Amendment 288 #
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, within 3 months of receipt of that information, shall objectively assess that cross- border tariffs included in the public lists of tariffs obtained in accordance with Article 4(1) within 3 months of receipt of that informationare affordable. In that assessment, in particular the following elements shall be taken into account:
Amendment 313 #
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 providerprovider referred to in Article 4(1).
Amendment 321 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The universal service providerprovider referred to in Article 4(1) shall provide the national regulatory authority with the information and/or justification referred to in paragraph 2 within 15 working days of receipt of the request.
Amendment 347 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Whenever universal service providers providing cross border parcel delivery services conclude multilateral or bilateral 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.
Amendment 349 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Any refusal or limitation of access by the universal service provider shall be expressly justified according to objective criteria, in order for the national regulatory authority to be able to review said refusal or limitation of access.
Amendment 367 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Bey ... [two years after the entry into force XX/XX/2019of this Regulation], and thereafter every fourtwo 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.
Amendment 369 #
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) (a) whether the transparency of cross-border tariffs and the affordability of cross- border parcel delivery services hasve improved, including for usersindividuals and small businesses, especially for those located in remote or sparsely populated areas;
Amendment 380 #
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Amendment 381 #
Proposal for a regulation
Annex I – subheading 1
Annex I – subheading 1
Amendment 421 #
Proposal for a regulation
Annex I – paragraph 2
Annex I – paragraph 2
(*) The tariffs corresponding to the postal items shall not contain any special discounts on the basis of volumes or on any other special treatment and shall be for single piece tariff.