20 Amendments of Dominique RIQUET related to 2016/0149(COD)
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 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 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 241 #
Proposal for a regulation
Article 4 – title
Article 4 – title
Transparency of single piece tariffs and terminal rates
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 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.