2016/0149(COD) Cross-border parcel delivery services
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | TRAN |
ANDERSON Lucy ( S&D)
|
FERBER Markus ( PPE),
ZŁOTOWSKI Kosma ( ECR),
TELIČKA Pavel ( ALDE),
EVANS Jill ( Verts/ALE),
AIUTO Daniela ( EFDD),
ARNAUTU Marie-Christine ( ENF)
|
| Committee Opinion | ITRE | ||
| Committee Opinion | IMCO |
BORZAN Biljana ( S&D)
|
Dennis de JONG ( GUE/NGL),
Anneleen VAN BOSSUYT ( ECR)
|
Lead committee dossier:
Legal Basis:
TFEU 114
Legal Basis:
TFEU 114Subjects
Events
2021/11/08
EC - Follow-up document
Documents
2018/12/12
EC - Follow-up document
Documents
2018/05/24
EC - Commission response to text adopted in plenary
Documents
2018/05/02
Final act published in Official Journal
Details
PURPOSE: to improve cross-border parcel delivery services for users and increase consumer confidence in cross-border e-commerce.
LEGISLATIVE ACT: Regulation (EU) 2018/644 of the European Parliament and of the Council on cross-border parcel delivery services.
CONTENT: the market for cross-border parcel delivery services is varied, complex and competitive : multiple providers offer different services and prices depending on the weight, size and format of the packages sent as well as the destination, added value features such as traceability systems and the number of packages sent. This diversity makes it difficult for consumers and users to compare parcel delivery services offered by different providers, both in terms of quality and price.
This Regulation lays down specific provisions to improve cross-border parcel delivery services in addition to those laid down in Directive 97/67/EC on postal services as regards:
regulatory oversight of parcel delivery services; transparency of tariffs, and assessment of tariffs for certain cross-border parcel delivery services for the purpose of identifying those that are unreasonably high; information for consumers made available by traders concerning cross-border parcel delivery services.
A ‘parcel’ is defined a postal item containing goods with or without commercial value, other than an item of correspondence, with a weight not exceeding 31.5 kg . The term ‘parcel delivery services’ means services involving the clearance, sorting, transport and distribution of parcels.
This Regulation lays down minimum requirements and shall not prevent any Member State from maintaining or introducing additional necessary and proportionate measures.
Provision of information : in order to improve regulatory oversight, all parcel delivery service providers shall submit to the national regulatory authority of the Member State in which they are established the following information, unless that national regulatory authority has already requested and received it: the characteristics, and, where possible, a detailed description, of the parcel delivery services they offer and their general terms and conditions for parcel delivery services, including details of complaints procedures for users and any potential limitations of liability.
Each year, they shall be required to submit information on the annual turnover broken down into domestic, incoming and outgoing cross-border parcel delivery services, the number of persons working for them and the names of sub-contractors. Operators with fewer than 50 employees operating in a single country shall be exempt.
Assessment of cross-border single-piece parcel tariffs : price transparency measures shall apply to parcel service providers for a limited set of services most used by individual consumers and SMEs. National regulatory authorities shall assess the prices of cross-border parcel delivery services that are subject to the universal service obligation but appear unreasonably high .
Consumer information : according to Directive 2011/83/EU on consumer rights, traders shall have to provide consumers with clear information on cross-border delivery options related to the specific sales contract, charges payable by consumers for cross-border parcel delivery as well as customer complaint procedures.
Member States shall take all necessary measures to ensure the implementation of penalties applicable to infringements of the provisions of the Regulation.
No later than 23 May 2020, and every three years thereafter, the Commission shall present an evaluation report on the application of the Regulation accompanied, where necessary, by a legislative proposal for its review.
ENTRY INTO FORCE: 22.5.2018.
2018/04/18
CSL - Draft final act
Documents
2018/04/18
CSL - Final act signed
2018/04/18
EP - End of procedure in Parliament
2018/04/12
EP/CSL - Act adopted by Council after Parliament's 1st reading
2018/04/12
CSL - Council Meeting
2018/03/13
EP - Results of vote in Parliament
Documents
2018/03/13
EP - Decision by Parliament, 1st reading
Details
The European Parliament adopted by 604 to 80 with 12 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on cross-border parcel delivery services.
Parliament’s position adopted in first reading following the ordinary legislative procedure amended the Commission proposal as follows:
Improving cross-border parcel delivery services : the Regulation aims to improve access to public lists of tariffs for a limited set of cross-border parcel delivery services for individuals and micro and small businesses, particularly in remote or sparsely populated areas, and for people with disabilities or reduced mobility.
To that end, certain provisions of the Regulation relate to:
regulatory oversight of parcel delivery services; transparency of tariffs , and assessment of tariffs for certain cross-border parcel delivery services for the purpose of identifying those that are unreasonably high ; information for consumers made available by traders concerning cross-border parcel delivery services.
A “parcel" is defined a postal item containing goods with or without commercial value, other than an item of correspondence, with a weight not exceeding 31.5 kg.
The Regulation lays down minimum requirements and does not prevent Member States from applying or introducing additional measures, provided that such measures are compatible with Union law.
Provision of information : all parcel delivery service providers should communicate to the national regulatory authority of the Member State in which they are established:
the characteristics and, if possible, a detailed description of the package delivery services they offer; their general terms and conditions for parcel delivery services, including details of complaints procedures for users and any potential limitations of liability.
By 30 June of each calendar year, they must submit:
the annual turnover in parcel delivery services, broken down into domestic , incoming and outgoing cross-border parcel delivery services ; the number of persons working involved in the provision of parcel delivery services, including breakdowns showing the number of persons by employment status, and in particular, those working full-time and part-time, those who are temporary employees and those who are self-employed; the names of their subcontractors; where available, any publicly accessible price list applicable on 1 January of each calendar year for parcel delivery services.
Parcel delivery service providers with fewer than 50 employees and operating in one country will be exempt.
Assessment of cross-border single- piece parcel tariffs: the rules empower national authorities to objectively assess the prices of cross-border parcel delivery services that are subject to the universal service obligation but appear unreasonably high .
In that assessment, the national regulatory authority shall in particular take into account the following elements:
the domestic and any other relevant tariffs of the comparable parcel delivery services in the originating Member State and in the destination Member State; any application of a uniform tariff to two or more Member States; bilateral volumes, specific transportation or handling costs, other relevant costs and service quality standards; and the likely impact of the applicable cross-border tariffs on individual and small and medium-sized enterprise users including those situated in remote or sparsely populated areas, and on individual users with disabilities or with reduced mobility, where possible without imposing a disproportionate burden.
Information to consumers : for contracts falling within the scope of Directive 2011/83/EU , all traders concluding sales contracts with consumers that include the sending of cross-border parcels shall, where possible and applicable, make available, at the pre-contractual stage, information about the cross-border delivery options in relation to the specific sales contract and charges payable by consumers for the cross-border parcel delivery, as well as, where applicable their own complaints handling policies.
Documents
2018/03/12
EP - Debate in Parliament
Documents
2018/01/22
EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
Documents
2017/12/20
CSL - Coreper letter confirming interinstitutional agreement
Documents
2017/12/20
EP - Text agreed during interinstitutional negotiations
Documents
2017/10/25
EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2017/10/23
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on Transport and Tourism adopted the report by Lucy ANDERSON (S&D, UK) on the proposal for a regulation of the European Parliament and of the Council on cross-border parcel delivery services.
The Committee on the Internal Market and Consumer Protection, exercising its prerogative as an associated committee in accordance with Article 54 of the Rules of Procedure, also gave its opinion on the report.
The committee recommended that the European Parliament’s position adopted at first reading under the ordinary legislative procedure should amend the Commission proposal as follows.
Objectives : this Regulation establishes specific provisions to foster better accessibility for users to cross-border parcel delivery services, in addition to the provisions set out in Directive 97/67/EC, concerning:
transparency of tariffs and assessment of tariffs for certain unreasonably high cross-border parcel delivery services; information for users of cross-border parcel delivery services.
Members defined the " package " as a postal item or shipment, with or without commercial value, other than an item of correspondence with a weight not exceeding 31.5 kg .
Level of harmonisation : it is stipulated that the requirements laid down in this Regulation are minimum requirements and shall not prevent any Member State from maintaining or introducing additional measures, in order to achieve better accessibility for users to efficient and affordable cross-border parcel delivery services.
Disclosure of information : Members pointed out that all parcel delivery service providers shall submit the following information to the national regulatory authority of the Member State in which they are established unless the national regulatory authority has already requested and received such information:
where possible, a detailed description of the parcel delivery services offered by the parcel delivery service provider , including the nature of the services offered and precise information on payment and other options for users; the parcel delivery service provider's general terms and conditions for parcel delivery services, including details of complaints procedures for users and any potential limitations of liability that may apply; the number of persons working for the parcel delivery services provider, including breakdowns by reference to employment status; the names of the subcontractors working for them and involved in the provision of parcel delivery services.
Those provisions shall not apply to any parcel delivery service provider, which employed over the previous calendar year on average fewer than 50 persons , unless that provider is established in more than one Member State.
Assessment of single piece tariffs : if the national regulatory authority deems it necessary, it may objectively assess, in line with the principles set out in Directive 97/67/EC, cross-border tariffs in respect of the categories of single piece parcels listed in the Annex I which fall under its Member State’s universal service obligation, in order to identify the cross-border tariffs for parcel delivery services originating in its Member State that it considers unreasonably high.
The assessment shall take into account:
the likely impact of the applicable cross-border tariffs on individual and small and medium-sized enterprise users including those situated in remote or sparsely populated areas, and on individual users who are disabled or with reduced mobility; whether tariffs are subject to price regulation under national legislation or whether similar services are offered by another parcel delivery service provider; the potential abuses of dominant market position.
If the national regulatory authority deems it to be necessary, it shall request from the parcel delivery service provider or providers concerned any further relevant evidence in relation to those tariffs that may be required for the assessment to be made. Such evidence may include specific transportation or handling costs, terminal rates and bilateral volumes between different cross-border parcel delivery service providers.
Members deleted Article 6 on transparent and non-discriminatory cross-border access from the proposal.
Information and quality standards : all traders concluding sales contracts with users that include the sending of cross-border parcels shall make available to users at the pre-contractual stage, the following information:
prices charged by them to users for cross-border parcel delivery including any relevant alternative or discounted rates; cross-border delivery options offered, including any choice of providers, track and trace, and mechanisms allowing the user to intervene throughout the delivery process, including to opt-out of non-attended delivery and to arrange redelivery or collection times or locations, where applicable; details of their own and relevant parcel service provider complaints processes and of the European Consumer Centre network for cross-border complaints.
Confidentiality : Members stated that where, in accordance with Union and national business confidentiality rules, a national regulatory authority considers certain information to be confidential in nature, the national regulatory authorities concerned shall respect that confidentiality.
Report : Members considered that the Commission's evaluation report on the application of the Regulation should be produced following consultation with all relevant stakeholders, and be presented every three years , especially given the dynamic and rapidly changing nature of e-commerce markets.
Documents
2017/10/23
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2017/10/12
EP - Vote in committee, 1st reading
2017/10/12
EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2017/06/09
CSL - Council Meeting
2017/05/30
EP - Committee opinion
Documents
2017/05/16
EP - Amendments tabled in committee
Documents
2017/04/26
EP - Committee draft report
Documents
2017/01/19
EP - Referral to associated committees announced in Parliament
2016/12/01
CSL - Debate in Council
Documents
2016/12/01
CSL - Council Meeting
2016/11/29
CY_PARLIAMENT - Contribution
Documents
2016/10/19
ESC - Economic and Social Committee: opinion, report
Documents
2016/09/06
EP - ANDERSON Lucy (S&D) appointed as rapporteur in TRAN
2016/07/25
PT_PARLIAMENT - Contribution
Documents
2016/07/24
RO_SENATE - Contribution
Documents
2016/07/18
LU_CHAMBER - Contribution
Documents
2016/06/17
EP - BORZAN Biljana (S&D) appointed as rapporteur in IMCO
2016/06/09
EP - Committee referral announced in Parliament, 1st reading
2016/05/26
EC - Document attached to the procedure
Documents
2016/05/26
EC - Document attached to the procedure
Documents
2016/05/25
EC - Legislative proposal published
Details
PURPOSE: to establish the rules necessary to improve regulatory oversight, to improve transparency of prices and establish certain principles as regards cross-border parcel delivery services.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: EU consumers and e-retailers do not take full advantage of the single market. In 2014, only 15 % of consumers bought online from other EU countries, although 44 % did so in their own country. A European Parliament study estimated that the potential contribution to European GDP of achieving a fully functioning Digital Single Market could be in the range of EUR 415 billion . The benefits from cross-border e-commerce are estimated at 0.27% of GDP.
The Commission’s 2012 Communication on e-commerce identified improving the physical delivery of goods ordered online as one of the key elements for e-commerce growth. Subsequently, its 2013 Parcel Roadmap set out actions to achieve three sets of objectives:
increasing transparency and information for all actors along the e-commerce value chain; improving availability, quality and affordability of delivery solutions; enhancing complaint handling and redress mechanisms for consumers.
Although there have been some improvements, the Commission stated that complementary measures are needed in the areas of price transparency and enhanced regulatory oversight given that the prices for some cross-border services are still high and not all national regulatory authorities have the ability to collect the data needed to monitor the evolution of the parcel markets due to differences in their competences and in the definition of the parcel services.
In the Digital Single Market Strategy , the Commission committed to launch measures to improve the price transparency and regulatory oversight of cross-border parcel delivery in the first half of 2016.
In its resolution entitled ‘Towards a Digital Single Market Act’, the European Parliament stressed that accessible, affordable, efficient and high-quality delivery services are an essential prerequisite for cross-border e-commerce to thrive . It also supported measures to improve price transparency and regulatory oversight directed at the smooth functioning of cross-border parcel delivery markets.
IMPACT ASSESSMENT: the impact assessment recommended a package of measures to improve the transparency of tariffs of universal service providers and strengthen the regulatory oversight of all parcel service delivery providers.
The preferred options would have no direct or indirect negative social impacts. There will be no direct impact on the environmental or fundamental rights.
CONTENT: the general objective of this Regulation is to address specific issues relating to cross-border parcel delivery services . It also builds on and complements the rules on cross-border parcel delivery services provided by Directive 97/67/EC as amended by Directive 2002/39/EC and Directive 2008/6/EC.
The specific objectives of this proposal are to:
make markets work more effectively by making the regulatory oversight of the parcels markets more effective and consistent and encouraging competition; increase the transparency of tariffs in order to reduce unjustifiable tariff differences and lower the tariffs paid by individuals and small businesses, especially in remote areas.
The main elements of the proposal are as follows:
Scope and definitions : the definitions complement those contained in Directive 97/67/EC as far as parcels are concerned; they are fully consistent with those established in the Directive. As laid down in the relevant provisions adopted by the Universal Postal Union (UPU) the term terminal rates is used so to encompass both terminal dues (that are applicable for letter mail items) and inward land rates (that apply to parcels).
In line with relevant practice of parcel service providers and Member States parcels considered for the scope of this Regulation are those with a maximum weight of 31.5 kg . Therefore, this Regulation will not apply to logistics; it will also not apply to transport alone, that is when it is not undertaken in conjunction with clearance, sorting or distribution.
Provision of information : the proposal obliges all parcel delivery providers with over 50 employees to annually submit a limited set of information. The aim is to unify and clarify the currently fragmented regulatory competences and build on existing best practice. Only larger operators in addition to those established in more than one Member State would be included so to ensure that national regulatory authorities have the core data on the range of parcels that are used for e-commerce.
Transparency of tariffs and terminal rates : the proposal contains a targeted obligation only for universal service providers to annually submit (on 31 January at the latest) to the national regulatory authority the public list of tariffs applicable on 1 January of each calendar year for a specific set of services contained in the Annex. The 15 postal items provided by universal service providers contained in the Annex are the most relevant and used ones for individual customers and small businesses.
This obligation is limited to public list of tariffs and does therefore not include any discounted tariffs or individually negotiated tariffs.
The Commission shall publish tariffs by 30 April of each calendar year on a dedicated section on the Commission's EUROPA website.
Furthermore, the universal service providers should submit to the national regulatory authorities – and in turn to the Commission - annually their terminal rates (i.e. the payments from the originating universal service provider to the destination universal service provider for the costs of transport, sorting and distribution of cross-border items in the destination Member State).
Assessing affordability of tariffs : national regulatory authorities are obliged to assess the affordability of the tariffs of universal service providers obtained on the basis of objective elements. The most common and important input elements for this assessment are subject of a non-exhaustive list in the proposal.
The assessment together with the justification, if applicable, are to be communicated not only to the Commission but also to the other national regulatory authorities. Furthermore, the assessment should also be communicated to the relevant authorities entrusted with the implementation of competition law, who are equally bound by confidentiality obligations.
Transparency and non-discriminatory cross-border access : the proposal is largely a codification of the principles that have been analysed in the so called REIMS decisions (relating to the multilateral cross-border agreements on terminal dues that universal service providers have established on letters/parcels), and is inspired by the procedural elements established in Regulation 531/2012 relating to wholesale roaming access. It should provide legal certainty for universal service providers and other parcel delivery services providers that might want to access cross-border services.
Penalties : a standard provision aims at providing the national regulatory authorities with effective, proportionate and dissuasive penalties for breaches of EU law.
Documents
Documents
- Follow-up document: COM(2021)0675
- Follow-up document: EUR-Lex
- Follow-up document: COM(2018)0838
- Follow-up document: EUR-Lex
- Commission response to text adopted in plenary: SP(2018)242
- Final act published in Official Journal: Regulation 2018/644
- Final act published in Official Journal: OJ L 112 02.05.2018, p. 0019
- Draft final act: 00069/2017/LEX
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T8-0064/2018
- Debate in Parliament: Debate in Parliament
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE623.848
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2018)000408
- Text agreed during interinstitutional negotiations: PE623.848
- Committee report tabled for plenary, 1st reading: A8-0315/2017
- Committee opinion: PE600.949
- Amendments tabled in committee: PE604.748
- Committee draft report: PE602.930
- Debate in Council: 3505
- Contribution: COM(2016)0285
- Economic and Social Committee: opinion, report: CES4454/2016
- Contribution: COM(2016)0285
- Contribution: COM(2016)0285
- Contribution: COM(2016)0285
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2016)0166
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2016)0167
- Legislative proposal published: COM(2016)0285
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2016)0166
- Document attached to the procedure: EUR-Lex SWD(2016)0167
- Economic and Social Committee: opinion, report: CES4454/2016
- Committee draft report: PE602.930
- Amendments tabled in committee: PE604.748
- Committee opinion: PE600.949
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2018)000408
- Text agreed during interinstitutional negotiations: PE623.848
- Draft final act: 00069/2017/LEX
- Commission response to text adopted in plenary: SP(2018)242
- Follow-up document: COM(2018)0838 EUR-Lex
- Follow-up document: COM(2021)0675 EUR-Lex
- Contribution: COM(2016)0285
- Contribution: COM(2016)0285
- Contribution: COM(2016)0285
- Contribution: COM(2016)0285
Activities
- Lucy ANDERSON
Plenary Speeches (2)
- Marie-Christine ARNAUTU
Plenary Speeches (1)
- Nicola CAPUTO
Plenary Speeches (1)
- Beata GOSIEWSKA
Plenary Speeches (1)
- Notis MARIAS
Plenary Speeches (1)
- Olga SEHNALOVÁ
Plenary Speeches (1)
- Dubravka ŠUICA
Plenary Speeches (1)
- Pavel TELIČKA
Plenary Speeches (1)
- Janusz ZEMKE
Plenary Speeches (1)
Votes
A8-0315/2017 - Lucy Anderson - am 95 13/03/2018 12:55:13.000 #
2018/03/13 Outcome: +: 604, -: 80, 0: 12
NI| Amendments | Dossier |
| 598 |
2016/0149(COD)
2017/03/30
IMCO
252 amendments...
Amendment 100 #
Proposal for a regulation Recital 17 (17) In order to ensure transparency across the Union, the analysis of a national regulatory authority should be submitted to the
Amendment 101 #
Proposal for a regulation Recital 18 (18)
Amendment 102 #
Proposal for a regulation 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.
Amendment 103 #
Proposal for a regulation 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.
Amendment 104 #
Proposal for a regulation Recital 18 (18)
Amendment 105 #
Proposal for a regulation Recital 19 Amendment 106 #
Proposal for a regulation Recital 19 Amendment 107 #
Proposal for a regulation Recital 19 (19) In practice and for operational reasons, the point at which access should be provided is the inward office of exchange,
Amendment 108 #
Proposal for a regulation Recital 20 a (new) (20 a) In order to limit the administrative burden, the transfer of data by parcel delivery service providers, national regulatory authorities and the Commission should be electronic, for example by allowing the use of e- signatures provided for in Regulation (EU) 910/20147 (eIDAS Regulation)1a. _________________ 1aRegulation (EU) 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.08.2014, p. 73).
Amendment 109 #
Proposal for a regulation Recital 21 (21) As markets for parcel delivery services are changing fast, the Commission should re-assess the efficiency and effectiveness of this Regulation and submit a regular report to the European Parliament and the Council. That report should be accompanied, where appropriate, by legislative proposals for review to the European Parliament and the Council. That report should be produced following consultation with all appropriate stakeholders including the social dialogue committee for the postal sector.
Amendment 110 #
Proposal for a regulation Recital 21 (21) As markets for parcel delivery services are changing fast, the Commission should re-assess the efficiency and effectiveness of this Regulation, taking into account developments in e- commerce, and submit a regular report to the European Parliament and the Council. That report should be accompanied, where appropriate, by proposals for review to the European Parliament and the Council.
Amendment 111 #
Proposal for a regulation Recital 21 a (new) (21 a) The Commission should build on valuable input from the European Regulators Group for Postal Services composed by representatives of the national regulatory authorities.
Amendment 112 #
Proposal for a regulation Recital 22 (22) In order to ensure uniform conditions for the implementation of the obligation for parcel delivery providers to submit information to national regulatory authorities,
Amendment 113 #
Proposal for a regulation Recital 22 (22) In order to ensure uniform conditions for the implementation of the obligation for parcel delivery providers to submit information to national regulatory authorities,
Amendment 114 #
Proposal for a regulation Recital 23 a (new) (23 a) In order to study the effects of this Regulation the Member States shall report on the developments of the working conditions of all persons working in the parcel delivery sector, as well as the environmental effects caused by increased road traffic and subsequent increased emissions.
Amendment 115 #
Proposal for a regulation Recital 24 a (new) (24 a) Member States should lay down rules on penalties applicable to infringements of this Regulation and ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive.
Amendment 116 #
Proposal for a regulation Recital 25 Amendment 117 #
Proposal for a regulation Recital 25 (25) Since the objectives of this Regulation, namely to
Amendment 119 #
Proposal for a regulation Article 1 – paragraph 1 – introductory part Amendment 120 #
Proposal for a regulation Article 1 – paragraph 1 – introductory part Amendment 121 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) the transparency of tariffs
Amendment 122 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) the transparency of tariffs
Amendment 123 #
Proposal for a regulation Article 1 – paragraph 1 – point c Amendment 124 #
Proposal for a regulation Article 1 – paragraph 1 – point c Amendment 125 #
Proposal for a regulation Article 1 – paragraph 1 – point c (c) transparent and non-discriminatory access to certain cross-border parcel delivery services provided under multilateral agreements referred to in Article 6 of this regulation and/or infrastructure.
Amendment 126 #
Proposal for a regulation Article 1 – paragraph 1 – point c (c) transparent and non-discriminatory access to certain cross-border parcel delivery services provided under multilateral agreements referred to in Article 6 of this regulation and/or infrastructure.
Amendment 127 #
Proposal for a regulation Article 1 – paragraph 1 – point c (c) transparent, unbureaucratic and non-discriminatory access to certain cross- border parcel delivery services and/or infrastructure, in order not to create an obstacle for SMEs.
Amendment 128 #
Proposal for a regulation Article 1 – paragraph 1 – point c a (new) (c a) information and price transparency for users of cross-border parcel delivery services;
Amendment 129 #
Proposal for a regulation Article 1 – paragraph 1 – point c b (new) (c b) promotion of further harmonisation of relevant quality of service and technical standards.
Amendment 130 #
Proposal for a regulation Article 1 – paragraph 1 a (new) This Regulation is without prejudice to the full application by all parcel delivery providers of all legal and contractual provisions concerning employment, working and social security conditions and the exercise of fundamental rights, including the right to negotiate, conclude and enforce collective bargaining agreements and to take industrial action.
Amendment 131 #
Proposal for a regulation Article 1 a (new) Article 1 a Member States may adopt or maintain in force more stringent provisions than those laid down in this Regulation for the benefit of users and where such provisions foster better user accessibility to efficient and affordable cross-border parcel delivery services.
Amendment 132 #
Proposal for a regulation Article 1 a (new) Article 1 a Member States may adopt or maintain in force more stringent provisions than those laid down in this Regulation for the benefit of users and where such provisions foster better user accessibility to efficient and affordable cross-border parcel delivery services.
Amendment 133 #
Proposal for a regulation Article 2 – paragraph 2 – point -a (new) (-a) "parcel" means an item delivered by the Universal Service Provider or by other Parcel delivery service provider different from an item of correspondence, with or without commercial value, and with a weight not exceeding 31,5 kg;
Amendment 134 #
Proposal for a regulation Article 2 – paragraph 2 – point -a (new) (-a) "parcel" means an item delivered by the Universal Service Provider or by other Parcel delivery service provider different from an item of correspondence, with or without commercial value, and with a weight not exceeding 31,5 kg;
Amendment 135 #
Proposal for a regulation Article 2 – paragraph 2 – point -a (new) (-a) "parcel" means a packet containing goods with or without a commercial value and undergoing a delivery process involving clearance, sorting, transport or distribution.
Amendment 136 #
Proposal for a regulation Article 2 – paragraph 2 – point -a (new) (-a) "parcel" means a postal item with a weight not exceeding 31,5 kg; an item of correspondence alone shall not be considered a parcel;
Amendment 137 #
Proposal for a regulation Article 2 – paragraph 2 – point -a (new) (-a) "parcel" means a postal item with a weight not exceeding 31,5 kg; an item of correspondence alone shall not be considered a parcel;
Amendment 138 #
Proposal for a regulation Article 2 – paragraph 2 – point a (a) "parcel delivery services" means services involving the clearance, sorting, transport or distribution of p
Amendment 139 #
Proposal for a regulation Article 2 – paragraph 2 – point a (a) "parcel delivery services" means services involving the clearance, sorting, transport or distribution of p
Amendment 140 #
Proposal for a regulation Article 2 – paragraph 2 – point a (a) "parcel delivery services" means services involving the clearance, sorting, transport
Amendment 141 #
Proposal for a regulation Article 2 – paragraph 2 – point a (a) "parcel delivery services" means services involving the clearance, sorting, transport or distribution of p
Amendment 142 #
Proposal for a regulation Article 2 – paragraph 2 – point a (a) "parcel delivery services" means services involving the clearance, sorting, transport
Amendment 143 #
Proposal for a regulation Article 2 – paragraph 2 – point b a (new) (b a) "subcontractor" means an undertaking that provides the clearance, sorting, transport or distribution of parcels for the parcel delivery service provider; an undertaking that provides transport alone shall not be considered as a subcontractor;
Amendment 144 #
(b a) "subcontractor" means an undertaking that provides the clearance, sorting, transport or distribution of parcels for the parcel delivery service provider;
Amendment 145 #
Proposal for a regulation Article 2 – paragraph 2 – point c Amendment 146 #
Proposal for a regulation Article 2 – paragraph 2 – point c Amendment 147 #
Proposal for a regulation Article 2 – paragraph 2 – point c (c) "terminal rates" means payments
Amendment 148 #
Proposal for a regulation Article 2 – paragraph 2 – point c (c) "terminal rates" means payments
Amendment 149 #
Proposal for a regulation Article 2 – paragraph 2 – point c (c) "terminal rates" means payments from the originating
Amendment 150 #
Proposal for a regulation Article 2 – paragraph 2 – point c (c) "terminal rates" means payments from the originating
Amendment 151 #
Proposal for a regulation Article 2 – paragraph 2 – point c a (new) (c a) "trader" means any natural person or any legal person, irrespective of whether privately or publicly owned, who is acting, including through any other person acting in his name or on his behalf, for purposes relating to his trade, business, craft or profession in relation to parcel delivery services covered by this Regulation.
Amendment 152 #
Proposal for a regulation Article 2 – paragraph 2 – point c a (new) (c a) "terminal dues" means payments, from the originating universal service provider to the destination universal service provider for the costs of distributing cross-border items of correspondence delivered in the destination Member State;
Amendment 153 #
Proposal for a regulation Article 2 – paragraph 2 – point c a (new) (c a) "terminal dues" means payments, from the originating universal service provider to the destination universal service provider for the costs of distributing cross-border items of correspondence delivered in the destination Member State;
Amendment 154 #
Proposal for a regulation Article 2 – paragraph 2 – point c b (new) (c b) "inward land rates" means payments performed by the Universal service Provider of the originating Member State to the destination Universal Service Provider for the cost of distributing cross-border parcel delivery in the destination Member State;
Amendment 155 #
Proposal for a regulation Article 2 – paragraph 2 – point c b (new) (c b) "transfer prices" means payments performed by a Parcel delivery service provider in the originating Member State to its subsidiaries in the destination Member State for the cost of distributing its parcels in the destination Member State.
Amendment 156 #
Proposal for a regulation Article 2 – paragraph 2 – point c c (new) (c c) "transfer prices" means payments performed by a Parcel delivery service provider in the originating Member State to its subsidiaries in the destination Member State for the cost of distributing its parcels in the destination Member State.
Amendment 157 #
Proposal for a regulation Article 3 – paragraph 1 – introductory part 1. All parcel delivery service providers, including those parcel delivery services using alternative business models and e-commerce platforms, shall submit the following standardized information to the national regulatory authority of the Member State in which they are established unless the national regulatory authority has already requested and received such information:
Amendment 158 #
Proposal for a regulation Article 3 – paragraph 1 – introductory part 1. All parcel delivery service providers shall submit the following information to the national regulatory authority of the Member State in which they are established unless the national regulatory authority has already requested and received such information:
Amendment 159 #
Proposal for a regulation Article 3 – paragraph 1 – point a (a) the name of the parcel delivery service provider, its legal status and form, registration number in a trade or similar register, VAT identification number, the address of the establishment and a contact person;
Amendment 160 #
Proposal for a regulation Article 3 – paragraph 1 – point a (a) the name of the parcel delivery service provider, its legal status and form, registration number in a trade or similar register, VAT identification number, the address of the establishment and a contact person;
Amendment 161 #
Proposal for a regulation Article 3 – paragraph 1 – point b (b) the
Amendment 162 #
Proposal for a regulation Article 3 – paragraph 1 – point b (b)
Amendment 163 #
Proposal for a regulation Article 3 – paragraph 1 – point b (b) the
Amendment 164 #
Proposal for a regulation Article 3 – paragraph 1 – point b (b) the
Amendment 165 #
Proposal for a regulation Article 3 – paragraph 1 – point c (c) the parcel delivery service provider's general terms and conditions
Amendment 166 #
Proposal for a regulation Article 3 – paragraph 1 – point c (c) the provider's general terms and conditions
Amendment 167 #
Proposal for a regulation Article 3 – paragraph 2 2. In case of any change concerning information referred to in the first subparagraph of this Article, parcel delivery service providers shall inform the national regulatory authority of this change within 30 days.
Amendment 168 #
Proposal for a regulation Article 3 – paragraph 2 2. In case of any change concerning information referred to in
Amendment 169 #
Proposal for a regulation Article 3 – paragraph 3 – introductory part 3. By 31 March of each calendar year, all parcel delivery service providers including those parcel delivery services using alternative business models, for example those drawing on the collaborative economy and e-commerce platforms shall submit the following information to the national regulatory authority of the Member State in which they are established, unless the national regulatory authority has already requested and received such information:
Amendment 170 #
Proposal for a regulation Article 3 – paragraph 3 – introductory part 3. By 31 March of each calendar year, all parcel delivery service providers including those parcel delivery services using alternative business models and e- commerce platforms shall submit the following information to the national regulatory authority of the Member State in which they are established, unless the national regulatory authority has already requested and received such information: :
Amendment 171 #
Proposal for a regulation Article 3 – paragraph 3 – introductory part 3. By 31 March of each calendar year, all parcel delivery service providers shall submit the following information to the national regulatory authority of the Member State in which they are established unless the national regulatory authority has already requested and received such information:
Amendment 172 #
Proposal for a regulation Article 3 – paragraph 3 – introductory part 3. By 3
Amendment 173 #
Proposal for a regulation Article 3 – paragraph 3 – introductory part 3. By 31 Ma
Amendment 174 #
Proposal for a regulation Article 3 – paragraph 3 – point a Amendment 175 #
Proposal for a regulation Article 3 – paragraph 3 – point a (a) the annual turnover in parcel delivery services for the previous calendar year in the Member State in which the provider is established, broken down in
Amendment 176 #
Proposal for a regulation Article 3 – paragraph 3 – point a (a) the annual turnover in parcel delivery services for the previous calendar year in the Member State in which the parcel delivery service provider is established, broken down in parcel delivery services relating to
Amendment 177 #
Proposal for a regulation Article 3 – paragraph 3 – point b (b) the number of persons working
Amendment 178 #
Proposal for a regulation Article 3 – paragraph 3 – point b (b) the number of persons working
Amendment 179 #
Proposal for a regulation Article 3 – paragraph 3 – point b (b) the number of persons working for the provider and involved in the provision of parcel delivery services in the Member State in which the provider is established
Amendment 180 #
Proposal for a regulation Article 3 – paragraph 3 – point b (b) the number of persons working for the provider and involved in the provision of parcel delivery services in the Member State in which the provider is established
Amendment 181 #
Proposal for a regulation Article 3 – paragraph 3 – point b (b) the average number of persons working for the p
Amendment 182 #
Proposal for a regulation Article 3 – paragraph 3 – point b (b) the number of persons working for the provider and involved in the provision of parcel delivery services in the Member State in which the provider is established in the previous calendar year, including an overview of the working conditions for all persons working for the provider.
Amendment 183 #
Proposal for a regulation Article 3 – paragraph 3 – point b (b) the number of persons
Amendment 184 #
Proposal for a regulation Article 3 – paragraph 3 – point c (c) the number of
Amendment 185 #
Proposal for a regulation Article 3 – paragraph 3 – point c (c) the number of p
Amendment 186 #
Proposal for a regulation Article 3 – paragraph 3 – point c (c) the number of p
Amendment 187 #
Proposal for a regulation Article 3 – paragraph 3 – point c (c) the number of p
Amendment 188 #
Proposal for a regulation Article 3 – paragraph 3 – point c (c) the number of postal items other than items of correspondence and not exceeding 31,5 kg 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 p
Amendment 189 #
Proposal for a regulation Article 3 – paragraph 3 – point c a (new) (c a) where available, any publicly accessible price list applicable on 1 January of each calendar year for parcel delivery services.
Amendment 190 #
Proposal for a regulation Article 3 – paragraph 3 – point c a (new) (c a) publicly available prices applicable for parcel delivery services over the previous calendar year.
Amendment 191 #
Proposal for a regulation Article 3 – paragraph 4 4. The Commission shall
Amendment 192 #
Proposal for a regulation Article 3 – paragraph 4 4. The Commission shall,
Amendment 193 #
Proposal for a regulation Article 3 – paragraph 4 4.
Amendment 194 #
Proposal for a regulation Article 3 – paragraph 5 Amendment 195 #
Proposal for a regulation Article 3 – paragraph 5 5. The national regulatory authorities may impose information requirements additional to those referred to in paragraphs 1 and
Amendment 196 #
Proposal for a regulation Article 3 – paragraph 5 5. The national regulatory authorities may impose information requirements additional to those referred to in paragraphs 1 and
Amendment 197 #
Proposal for a regulation Article 3 – paragraph 5 5. The national regulatory authorities may impose information requirements additional to those referred to in paragraphs 1 and 2
Amendment 198 #
Proposal for a regulation Article 3 – paragraph 6 6.
Amendment 199 #
Proposal for a regulation Article 3 – paragraph 6 6.
Amendment 200 #
Proposal for a regulation Article 3 – paragraph 6 6.
Amendment 201 #
Proposal for a regulation Article 3 – paragraph 6 6.
Amendment 202 #
Proposal for a regulation Article 3 – paragraph 6 6.
Amendment 203 #
Proposal for a regulation Article 3 – paragraph 6 6.
Amendment 204 #
Proposal for a regulation Article 3 – paragraph 6 6. A parcel delivery service provider which employs fewer than 50 persons and has a turnover or balance sheet of less than EUR 10 million shall not be subject to the obligations under paragraph 1 and 2, unless that provider is established in more than one Member State.
Amendment 205 #
Proposal for a regulation Article 3 – paragraph 6 6. A parcel delivery service provider which e
Amendment 206 #
Proposal for a regulation Article 3 – paragraph 6 a (new) 6 a. All subcontractors shall submit the information to the national regulatory authority of the Member State in which they are established according to this Article with the exception of paragraph 1 (c) and paragraph 3 (c a).
Amendment 207 #
Proposal for a regulation Article 3 – paragraph 6 a (new) 6 a. Where information is considered confidential by a national regulatory authority, in accordance with Community and national business confidentiality rules, the Commission and the national regulatory authorities concerned shall preserve such confidentiality.
Amendment 208 #
Proposal for a regulation Article 4 – title Transparency of tariffs
Amendment 209 #
Proposal for a regulation Article 4 – title Article 4 Transparency of tariffs
Amendment 210 #
Proposal for a regulation Article 4 – paragraph 1 1.
Amendment 211 #
Proposal for a regulation Article 4 – paragraph 1 1.
Amendment 212 #
Proposal for a regulation Article 4 – paragraph 1 1.
Amendment 213 #
Proposal for a regulation Article 4 – paragraph 1 1.
Amendment 214 #
Proposal for a regulation Article 4 – paragraph 2 2. The national regulatory authorities shall without delay and by
Amendment 215 #
Proposal for a regulation Article 4 – paragraph 3 Amendment 216 #
Proposal for a regulation Article 4 – paragraph 3 Amendment 217 #
Proposal for a regulation Article 4 – paragraph 3 Amendment 218 #
Proposal for a regulation Article 4 – paragraph 3 3.
Amendment 219 #
Proposal for a regulation Article 4 – paragraph 3 3. Universal service providers providing parcel delivery services shall provide the national regulatory authority of the Member State in which they are established with the terminal rates applicable on 1 January of each calendar year to
Amendment 220 #
Proposal for a regulation Article 4 – paragraph 3 3. Universal service providers providing parcel delivery services and having their headquarters in Member States where there is insufficient competition 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 221 #
Proposal for a regulation Article 4 – paragraph 3 3.
Amendment 222 #
Proposal for a regulation Article 4 – paragraph 3 3.
Amendment 223 #
Proposal for a regulation Article 4 – paragraph 4 Amendment 224 #
Proposal for a regulation Article 4 – paragraph 4 Amendment 225 #
Proposal for a regulation Article 4 – paragraph 4 Amendment 226 #
Proposal for a regulation Article 4 – paragraph 4 4. The national regulatory authorities shall submit the
Amendment 227 #
Proposal for a regulation Article 4 – paragraph 4 4. The national regulatory authorities shall submit the terminal rates obtained in accordance with paragraph 3 to the Commission and the national regulatory authorities of the originating Member States by
Amendment 228 #
Proposal for a regulation Article 5 Amendment 229 #
Proposal for a regulation Article 5 A
Amendment 230 #
Proposal for a regulation Article 5 – title Assess
Amendment 231 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. The national regulatory authority shall
Amendment 232 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. The national regulatory authority shall initially assess the affordability of cross-
Amendment 233 #
Proposal for a regulation 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.
Amendment 234 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1.
Amendment 235 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. The national regulatory authority
Amendment 236 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. The national regulatory authority shall assess the affordability of cross- border tariffs
Amendment 237 #
Proposal for a regulation 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), if there is insufficient competition in the Member State concerned, within 3 months of receipt of that information. In that assessment, in particular the following elements shall be taken into account:
Amendment 238 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. The national regulatory authority shall assess the affordability of cross- border tariffs of universal service providers included in the public lists of tariffs obtained in accordance with Article 4(1)
Amendment 239 #
Proposal for a regulation Article 5 – paragraph 1 – point a Amendment 240 #
Proposal for a regulation Article 5 – paragraph 1 – point a Amendment 241 #
Proposal for a regulation Article 5 – paragraph 1 – point a Amendment 242 #
Proposal for a regulation Article 5 – paragraph 1 – point a Amendment 243 #
Proposal for a regulation Article 5 – paragraph 1 – point a Amendment 244 #
Proposal for a regulation Article 5 – paragraph 1 – point b Amendment 245 #
Proposal for a regulation Article 5 – paragraph 1 – point b Amendment 246 #
Proposal for a regulation Article 5 – paragraph 1 – point b Amendment 247 #
Proposal for a regulation Article 5 – paragraph 1 – point b Amendment 248 #
Proposal for a regulation Article 5 – paragraph 1 – point b Amendment 249 #
Proposal for a regulation Article 5 – paragraph 1 – point b Amendment 250 #
Proposal for a regulation Article 5 – paragraph 1 – point c Amendment 251 #
Proposal for a regulation Article 5 – paragraph 1 – point c Amendment 252 #
Proposal for a regulation Article 5 – paragraph 1 – point c Amendment 253 #
Proposal for a regulation Article 5 – paragraph 1 – point c Amendment 254 #
Proposal for a regulation Article 5 – paragraph 1 – point c Amendment 255 #
Proposal for a regulation Article 5 – paragraph 1 a (new) 1 a. The assessment shall not be deemed necessary in particular where: (a) the tariffs are subject to price regulation under national legislation or (b) similar services are offered by another parcel delivery service provider.
Amendment 256 #
Proposal for a regulation Article 5 – paragraph 2 2.
Amendment 257 #
Proposal for a regulation Article 5 – paragraph 2 2.
Amendment 258 #
Proposal for a regulation Article 5 – paragraph 2 2. Where the national regulatory authority concludes that cross-border tariffs referred to in paragraph 1 are
Amendment 259 #
Proposal for a regulation Article 5 – paragraph 3 3.
Amendment 260 #
Proposal for a regulation Article 5 – paragraph 3 3.
Amendment 261 #
Proposal for a regulation Article 5 – paragraph 3 3. The universal service provider shall provide the national regulatory authority with the information and/or justification referred to in paragraph 2 within
Amendment 262 #
Proposal for a regulation Article 5 – paragraph 4 4. The
Amendment 263 #
Proposal for a regulation Article 5 – paragraph 4 4. The national regulatory authority shall submit
Amendment 264 #
Proposal for a regulation Article 5 – paragraph 4 4. The national regulatory authority shall submit
Amendment 265 #
Proposal for a regulation Article 5 – paragraph 5 Amendment 266 #
Proposal for a regulation Article 5 – paragraph 5 5. The
Amendment 267 #
Proposal for a regulation Article 5 – paragraph 5 a (new) 5 a. Where information is considered confidential by a national regulatory authority, in accordance with Community and national business confidentiality rules, the Commission and the national regulatory authorities concerned shall preserve such confidentiality.
Amendment 268 #
Proposal for a regulation Article 6 Amendment 269 #
Proposal for a regulation Article 6 Amendment 270 #
Proposal for a regulation Article 6 Amendment 271 #
Proposal for a regulation Article 6 Amendment 272 #
Proposal for a regulation Article 6 Amendment 273 #
Proposal for a regulation Article 6 Amendment 274 #
Proposal for a regulation Article 6 – paragraph 1 1. Whenever
Amendment 275 #
Proposal for a regulation Article 6 – paragraph 1 1. Whenever
Amendment 276 #
Proposal for a regulation Article 6 – paragraph 1 1. Whenever universal service providers providing parcel delivery services conclude multilateral agreements on terminal rates they shall, under and subject to the conditions of general EU competition law, 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 277 #
Proposal for a regulation Article 6 – paragraph 3 3.
Amendment 278 #
Proposal for a regulation Article 6 – paragraph 3 3.
Amendment 279 #
Proposal for a regulation Article 6 – paragraph 5 5. Before the reference offer is published, it shall be
Amendment 280 #
Proposal for a regulation Article 6 – paragraph 6 6.
Amendment 281 #
Proposal for a regulation Article 6 – paragraph 6 6.
Amendment 282 #
Proposal for a regulation Article 6 – paragraph 7 7. When no agreement is reached on the basis of the individual offer referred to in paragraph 6, the
Amendment 283 #
Proposal for a regulation Article 6 – paragraph 7 7. When no agreement is reached on the basis of the individual offer referred to in paragraph 6, the
Amendment 284 #
Proposal for a regulation Article 6 a (new) Article 6 a Maximum cross-border terminal rates 1. With effect from 1 January 2019, the maximum cross-border terminal rate for the delivery of postal items falling within the categories listed in the Annex, which destination universal service provider charges to the operator in the originating Member State, equals to the least expensive tariff of destination universal service provider for the universal service corresponding to the service being the subject of cross-border parcel delivery service. The least expensive tariff is the tariff setting the lowest price for a given national universal service, taking into account any discounts or rebates that a universal service provider has included in its price list or other document specifying the price terms for the universal services. 2. Universal service providers are required to apply rates in transparent and non-discriminatory manner. The cross- border terminal rates are published in the reference offer referred to in Article 6 paragraph 3.
Amendment 285 #
Proposal for a regulation Article 6 a (new) Article 6 a Provision of information to users by traders All traders concluding sales contracts with users that include the sending of cross-border parcels shall make available to users at the pre-contractual stage the following information, online or by other accessible means: (a) prices charged by them to users for cross-border parcel delivery including any relevant alternative or discounted rates or breakdown of charges; (b) cross-border delivery options offered, including track and trace, and mechanisms allowing the user to intervene throughout the delivery process, including regarding returns and to arrange redelivery or collection times or locations where applicable; (c) details of their own and relevant parcel service provider complaints processes and of the European Consumer Centre network for cross-border complaints.
Amendment 286 #
Proposal for a regulation Article 6 a (new) Article 6 a Provision of information to users by traders All traders concluding sales contract with users that include the sending of cross- border parcels shall make available to users at the pre-contractual stage the following information, online or by other accessible means: (a) prices charged by them to users for cross-border parcel delivery; (b) cross-border delivery options offered, including track and trace, and mechanisms allowing the user to intervene throughout the delivery process, including regarding returns and to arrange redelivery or collection times where applicable; (c) details of their own and relevant parcel delivery service provider complaints processes and of the European Consumer Centre network for cross-border complaints.
Amendment 287 #
Proposal for a regulation Article 6 b (new) Article 6 b Harmonisation of quality of service and technical standards The harmonisation of quality of service and technical standards for cross-border parcel deliveries shall be prioritised further in accordance with the provisions of Directive 97/67/EC, through the European Committee for Standardisation and otherwise, taking into account in particular the interests of users, and efficiency and environmental considerations.
Amendment 288 #
Proposal for a regulation Article 8 – paragraph 1 Before XX/XX/2019, and thereafter every
Amendment 289 #
Proposal for a regulation Article 8 – paragraph 1 Before XX/XX/2019, and thereafter every
Amendment 290 #
Proposal for a regulation Article 8 – paragraph 1 Before
Amendment 291 #
Proposal for a regulation Article 8 – paragraph 2 – point a (a) whether the efficiency and affordability of cross-
Amendment 292 #
Proposal for a regulation Article 8 – paragraph 2 – point b Amendment 293 #
Proposal for a regulation Article 8 – paragraph 2 – point b (b) the extent to which transparent and non-discriminatory wholesale cross-border access as referred to in Article 6 has been granted by
Amendment 294 #
Proposal for a regulation Article 8 – paragraph 2 – point b a (new) (b a) the impact on cross-border parcel delivery levels and prices, including data on delivery fees charged to both traders and users;
Amendment 295 #
Proposal for a regulation Article 8 – paragraph 2 – point b b (new) (b b) progress on quality of service and technical standard development on cross- border parcel deliveries.
Amendment 296 #
Proposal for a regulation Article 8 – paragraph 2 – point d Amendment 297 #
Proposal for a regulation Article 9 Amendment 298 #
Proposal for a regulation Article 9 a (new) Article 9 a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 3(4) shall be conferred on the Commission for a period of five years from ... *. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 3(4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 3(4) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of four months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. * OJ: please insert the date of entry into force of this Regulation.
Amendment 47 #
Proposal for a regulation – The Committee on Internal Market and Consumer Protection calls on the Committee on Transport and Tourism, as the committee responsible, to propose rejection of the Proposal for a Regulation of the European Parliament and of the Council on cross-border parcel delivery services.
Amendment 48 #
Proposal for a regulation Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114, Article 169(1) and Article 169(2), point (a) thereof,
Amendment 49 #
Proposal for a regulation Recital 1 (1) The tariffs applicable to low volume senders of cross-border parcels and other postal items, particularly small and medium-sized enterprises and individuals,
Amendment 50 #
Proposal for a regulation Recital 1 (1) The tariffs applicable to
Amendment 51 #
Proposal for a regulation Recital 1 (1)
Amendment 52 #
Proposal for a regulation Recital 1 (1) The tariffs applicable to low volume senders of cross-border parcels and other postal items, particularly small and medium-sized enterprises (SMEs) and individuals, are still relatively high. This has a direct negative impact on users seeking cross-
Amendment 53 #
Proposal for a regulation Recital 2 (2) There are fundamental differences between Member States when it comes to competences conferred on national regulatory authorities with regard to market monitoring and regulatory oversight of parcel delivery providers.
Amendment 54 #
Proposal for a regulation Recital 2 (2) There are fundamental differences between Member States when it comes to competences conferred on national regulatory authorities with regard to market monitoring and regulatory oversight of parcel delivery providers. This has been confirmed by a joint report48 prepared by the European Regulators Group for Postal Services and the Body of European Regulators for Electronic Communications, who concluded that national regulatory authorities need the appropriate regulatory powers to intervene and that such powers do not seem to be present in all Member States. Those differences result in additional administrative burdens and compliance costs for parcel delivery service providers who operate cross- border. Those differences therefore constitute an obstacle to the cross-border provision of parcel delivery services, particularly for SMEs, and thus have a direct effect on the functioning of the internal market. Removing these obstacles is necessary in order to ensure a balance in the internal market. _________________ 48 BoR (15) 214/ERGP PL (15) 32.
Amendment 55 #
Proposal for a regulation Recital 3 Amendment 56 #
Proposal for a regulation Recital 3 (3) The market for cross-border parcel delivery services is diverse and complex, with different providers offering different services and prices depending on weight, size and format of the items sent as well as destination, added value features, such as traceability solutions, and the number of items sent. In most Member States, universal service providers do not have a majority share of the parcel delivery market. That diversity makes parcel delivery services hard to compare between different providers, both in terms of quality and price. Furthermore, low volume senders, such as small and medium-sized enterprises and individuals are often not aware of the existence of different parcel delivery services offered.
Amendment 57 #
Proposal for a regulation Recital 3 (3) The market for cross-border parcel delivery services is diverse and complex and competitive, with different providers offering different services and prices depending on weight, size and format of the items sent as well as destination, added value features, such as traceability solutions, and the number of items sent. That diversity makes parcel delivery services hard to compare between different providers, both in terms of quality and price. Furthermore, low volume senders, such as small and medium-sized enterprises and individuals are often not aware of the existence of different parcel delivery services offered.
Amendment 58 #
Proposal for a regulation Recital 4 (4) In order to improve the affordability of cross-border parcel delivery services, especially for users in remote or sparsely populated areas, it is necessary to improve the transparency of public lists of tariffs for
Amendment 59 #
Proposal for a regulation Recital 4 (4) In order to improve the affordability of cross-border parcel delivery services, especially for users in remote or sparsely populated areas, it is necessary to improve the transparency of
Amendment 60 #
Proposal for a regulation Recital 4 (4) In order to improve the affordability of cross-border parcel delivery services, especially for users in remote or sparsely populated areas and for SMEs and micro-enterprises, it is necessary to improve the transparency of public lists of tariffs for a limited set of cross-border parcel delivery services offered by universal 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 61 #
Proposal for a regulation Recital 4 a (new) (4 a) In view of the fact that, according to Flash Eurobarometer 413, a majority of companies that sell, used to sell or tried to sell online considered high delivery costs together with expensive complaints process and guarantees to be a problem when selling online, further action is needed to ensure that all retailers and consumers, in particular small and micro enterprises and consumers in remote areas, fully benefit from seamless cross- border parcel delivery services, which are accessible and affordable, without ignoring that consumers have expectations to buy with "free delivery", like they stated in the answers to 2015 Public Consultation on Cross-Border Parcel Delivery.
Amendment 62 #
Proposal for a regulation Recital 4 a (new) (4a) With a view to the smooth application of this Regulation and in order to guarantee access for new entrants to the market, particularly SMEs, it is necessary to define the term 'parcel'.
Amendment 63 #
Proposal for a regulation Recital 5 Amendment 64 #
Proposal for a regulation Recital 5 Amendment 65 #
Proposal for a regulation Recital 5 (5) In most Member States there are several providers who provide domestic parcel delivery services, while only a few of those providers also provide cross- border parcel delivery services. In this context, it is essential to ensure, in order to safeguard and promote effective competition and to protect users, transparent and non-discriminatory access to the services and infrastructure necessary for the provision of cross-border parcel delivery services. It is therefore essential to ensure non-discriminatory access to the market for cross-border delivery service providers and to provide transparent and comprehensive information for consumers of these services.
Amendment 66 #
Proposal for a regulation Recital 5 (5) In most Member States there are several providers who provide domestic parcel delivery services, while only a few of those providers also provide cross- border parcel delivery services. In this context, it is essential to
Amendment 67 #
Proposal for a regulation Recital 5 a (new) (5 a) Universal service providers refers to postal operators that provide a universal postal service or parts thereof within a specific Member State. Universal service providers who operate in more than one Member State should be classified as a universal service provider only in the Member State(s) in which they provide a universal postal service.
Amendment 68 #
Proposal for a regulation Recital 6 Amendment 69 #
Proposal for a regulation Recital 6 (6) Currently, postal services are regulated by Directive 97/67/EC of the European Parliament and of the Council49 . Th
Amendment 70 #
Proposal for a regulation 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
Amendment 71 #
Proposal for a regulation Recital 6 (6) Currently, postal services are regulated by Directive 97/67/EC of the European Parliament and of the Council49
Amendment 72 #
Proposal for a regulation 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, transparency of tariffs
Amendment 73 #
Proposal for a regulation Recital 8 (8) Therefore, it is important to provide a clear definition of parcels and parcel delivery services and to specify which postal and parcel items are covered by th
Amendment 74 #
Proposal for a regulation Recital 8 (8) Therefore, it is important to provide a clear definition of parcels and parcel delivery services and to specify which postal items are covered by that definition. 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.
Amendment 75 #
Proposal for a regulation Recital 8 (8) Therefore, it is important to provide a clear definition of parcels and parcel delivery services and to specify which postal items are covered by th
Amendment 76 #
Proposal for a regulation Recital 8 a (new) (8 a) This Regulation should apply to parcel delivery services offered to third parties and not to undertakings that only have in-house delivery networks in order to fulfil orders of goods that they have sold themselves. If these undertakings use in-house delivery networks also for delivery goods sold by third parties as well as goods from an in-house retail service, then they should be the subject to this Regulation.
Amendment 77 #
Proposal for a regulation Recital 9 Amendment 78 #
Proposal for a regulation Recital 9 (9) Terminal rates are based on multilateral and bilateral agreements between
Amendment 79 #
Proposal for a regulation Recital 9 (9) Terminal rates are based on multilateral and bilateral agreements between
Amendment 80 #
Proposal for a regulation Recital 10 (10) It is necessary that national regulatory authorities have knowledge and information for statistical purposes about parcel delivery service providers active on the market.
Amendment 81 #
Proposal for a regulation Recital 10 (10) It is necessary that national regulatory authorities have knowledge and information for statistical purposes about parcel delivery service providers active on the market. However, in order to limit the administrative burden for small parcel delivery service providers who are only active on a national or regional market, a threshold should be applied, based on the number of persons working on average for the service provider and involved in the provision of parcel delivery services in the Member State in which the provider is established, unless that provider is established in more than one Member State.
Amendment 82 #
Proposal for a regulation Recital 10 (10) It is necessary that national regulatory authorities have knowledge and information for statistical purposes about parcel delivery service providers active on the market. However, in order to limit the administrative burden for small parcel delivery service providers who are only active on a national or regional market, a threshold should be applied, based on the number of persons working for the service provider and involved in the provision of parcel delivery services, but also allowing for the proper inclusion in the threshold of those working in the sector other than on a full-time, permanent basis.
Amendment 83 #
Proposal for a regulation Recital 11 a (new) (11 a) When submitting information to the national regulatory authority, the characteristics of the parcel delivery services should include the steps in the postal delivery chain (clearance, sorting, transport and distribution) undertaken by that provider; whether the service is within or outside the scope of the universal service obligation; the territorial scope of the service (regional, domestic, cross-border); and whether added value is offered.
Amendment 84 #
Proposal for a regulation 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
Amendment 85 #
Proposal for a regulation 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
Amendment 86 #
Proposal for a regulation 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 and all other cross-border parcel delivery services 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.
Amendment 87 #
Proposal for a regulation 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
Amendment 88 #
Proposal for a regulation Recital 14 Amendment 89 #
Proposal for a regulation Recital 14 (14) When national regulatory authorities
Amendment 90 #
Proposal for a regulation Recital 14 (14) When national regulatory authorities annually assess the affordability of tariffs, they should
Amendment 91 #
Proposal for a regulation Recital 14 (14) When national regulatory authorities
Amendment 92 #
Proposal for a regulation Recital 15 Amendment 93 #
Proposal for a regulation 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.
Amendment 94 #
Proposal for a regulation Recital 16 (16)
Amendment 95 #
Proposal for a regulation 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.
Amendment 96 #
Proposal for a regulation 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 w
Amendment 97 #
Proposal for a regulation Recital 16 (16) Significant differences between domestic and cross-border tariffs for parcel delivery services should be justified by objective criteria, such as, for example, additional costs for transport and a reasonable profit margin. Universal service providers providing cross-border parcel delivery services should be required to provide such justification without delay.
Amendment 98 #
Proposal for a regulation Recital 17 (17) In order to ensure transparency across the Union, the analysis of a national regulatory authority should be submitted to the Commission and, upon justified request, to the national regulatory authorities of
Amendment 99 #
Proposal for a regulation Recital 17 (17) In order to ensure transparency across the Union, a non-confidential version of the analysis of a national regulatory authority should be submitted to the
source: 602.732
2017/05/16
TRAN
346 amendments...
Amendment 100 #
Proposal for a regulation 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 101 #
Proposal for a regulation Recital 5 Amendment 102 #
Proposal for a regulation Recital 5 Amendment 103 #
Proposal for a regulation Recital 5 (5) In most Member States there are several providers who provide domestic parcel delivery services, while only a few of those providers also provide cross- border parcel delivery services. In this context, it is essential to
Amendment 104 #
Proposal for a regulation Recital 6 (6) Currently, postal services are regulated by Directive 97/67/EC of the European Parliament and of the Council49
Amendment 105 #
Proposal for a regulation 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
Amendment 106 #
Proposal for a regulation Recital 6 (6) Currently, postal services are regulated by Directive 97/67/EC of the European Parliament and of the Council49
Amendment 107 #
Proposal for a regulation Recital 6 (6) Currently, postal services are regulated by Directive 97/67/EC of the European Parliament and of the Council49
Amendment 108 #
Proposal for a regulation Recital 6 (6) Currently, postal services are regulated by Directive 97/67/EC of the European Parliament and of the Council49
Amendment 109 #
Proposal for a regulation Recital 6 a (new) (6 a) The parcel delivery sector shows high rates of atypical, precarious and low- paid forms of employment all along the EU. The monitoring of the working force and working conditions in the sector is therefore of key importance to ensure both quality and transparency of the parcel services. Further supply of reliable data by all operators present in the market is in need of improvement.
Amendment 110 #
Proposal for a regulation Recital 7 (7) An estimated 80 % of
Amendment 111 #
Proposal for a regulation Recital 7 (7) An estimated 80 % of addressed
Amendment 112 #
Proposal for a regulation Recital 7 (7) An estimated 80 % of addressed postal items generated by e-commerce today weigh less than two kilograms, and are often processed in the letter-post mail stream. It is important that those postal items are subject to this Regulation, notably to the requirements on transparency of tariffs, measures to encourage competition for cross-border parcel delivery services and the assessment of their affordability.
Amendment 113 #
Proposal for a regulation Recital 7 (7) An estimated 80 % of addressed postal items generated by e-commerce today weigh less than two kilograms, and are often processed in the letter-post mail stream. I
Amendment 114 #
Proposal for a regulation Recital 8 (8) There
Amendment 115 #
Proposal for a regulation 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 th
Amendment 116 #
Proposal for a regulation Recital 8 (8) Therefore, it is important to provide a clear definition of parcels and parcel delivery services and to specify which
Amendment 117 #
Proposal for a regulation Recital 8 (8) Therefore, it is important to provide a clear definition of parcels and parcel delivery services and to specify which
Amendment 118 #
Proposal for a regulation Recital 8 (8) Therefore, it is important to provide a clear definition of parcel delivery services and to specify which postal items are covered by that definition. This
Amendment 119 #
Proposal for a regulation Recital 8 a (new) (8a) The minimum confidential information that must be forwarded to the national authorities and procedures followed by the authorities to ensure compliance with the commercial nature of national operators must be defined and secure channels established for the communication thereof.
Amendment 120 #
Proposal for a regulation Recital 9 Amendment 121 #
Proposal for a regulation Recital 9 (9) Terminal rates are based on multilateral and bilateral agreements between
Amendment 122 #
Proposal for a regulation Recital 9 (9) Terminal rates are an important part of the total cost of delivery services. They are based on multilateral and bilateral agreements between
Amendment 123 #
Proposal for a regulation Recital 9 (9) Terminal rates are based on multilateral and bilateral agreements between universal service providers and ensure that the destination universal service provider is remunerated proportionately and reasonably for the costs of the service provided to the originating universal service provider. Compliance with competition rules is monitored by the Commission. 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 124 #
Proposal for a regulation Recital 9 (9) Terminal rates are based on multilateral and bilateral agreements between Member States of the Universal Postal Union or universal service providers and ensure that the destination universal service provider is remunerated for the costs of the service provided to the originating universal 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 125 #
Proposal for a regulation Recital 9 (9) Terminal rates are based on multilateral and bilateral agreements between
Amendment 126 #
Proposal for a regulation Recital 10 (10) It is necessary that national regulatory authorities have knowledge and information for statistical purposes about parcel delivery service providers active on the market on the basis of appropriate authorisations procedures or other legal requirements. New business models are widespread, especially in the parcel and express industry, non-standard employment contracts are commonly used by parcel operators, who also use contract service subcontractors and self-employed staff to carry out the delivery tasks. However, in order to limit the administrative burden for small parcel delivery service providers who are only active on a national or regional market
Amendment 127 #
Proposal for a regulation Recital 10 (10) It is necessary that national regulatory authorities have knowledge and information for statistical purposes about parcel delivery service providers active on the market.
Amendment 128 #
Proposal for a regulation 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
Amendment 129 #
Proposal for a regulation 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
Amendment 130 #
Proposal for a regulation 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
Amendment 131 #
Proposal for a regulation Recital 12 (12)
Amendment 132 #
Proposal for a regulation 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
Amendment 133 #
Proposal for a regulation Recital 13 (13) Because of their small size and dimensions, certain postal items should not be subject to these obligations
Amendment 134 #
Proposal for a regulation Recital 14 (14) When national regulatory authorities annually assess the affordability of tariffs, they should
Amendment 135 #
Proposal for a regulation 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
Amendment 136 #
Proposal for a regulation Recital 14 (14) When national regulatory authorities
Amendment 137 #
Proposal for a regulation Recital 14 (14) When national regulatory authorities annually assess the affordability of tariffs, they should base themselves on objective criteria, such as the domestic
Amendment 138 #
Proposal for a regulation Recital 14 (14) When national regulatory authorities annually assess th
Amendment 139 #
Proposal for a regulation 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
Amendment 140 #
Proposal for a regulation 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 and remote areas to participate in the economic life. It is therefore necessary to take any uniform tariffs fully into account when assessing the affordability of parcel delivery services.
Amendment 141 #
Proposal for a regulation 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
Amendment 142 #
Proposal for a regulation 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.
Amendment 143 #
Proposal for a regulation 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.
Amendment 144 #
Proposal for a regulation 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.
Amendment 145 #
Proposal for a regulation 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.
Amendment 146 #
Proposal for a regulation Recital 16 (16)
Amendment 147 #
Proposal for a regulation 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
Amendment 148 #
Proposal for a regulation Recital 17 (17) In order to ensure transparency across the Union, the analysis of a national regulatory authority should be submitted
Amendment 149 #
Proposal for a regulation Recital 17 (17) In order to ensure transparency across the Union, the analysis of a national regulatory authority should be submitted to the
Amendment 150 #
Proposal for a regulation Recital 17 (17) In order to ensure transparency across the Union, a non-confidential version of the analysis of a national regulatory authority should be submitted to the
Amendment 151 #
Proposal for a regulation Recital 18 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
Amendment 153 #
Proposal for a regulation Recital 18 (18)
Amendment 154 #
Proposal for a regulation Recital 18 (18)
Amendment 155 #
Proposal for a regulation 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
Amendment 156 #
Proposal for a regulation Recital 19 Amendment 157 #
Proposal for a regulation Recital 19 Amendment 158 #
Proposal for a regulation Recital 19 a (new) (19 a) Despite pending formal requests, the development of quality of service for cross-border parcel deliveries has been slow and requires further active promotion. This work should take into account in particular the interests of users, and efficiency and environmental considerations.
Amendment 159 #
Proposal for a regulation Recital 21 (21) As markets for parcel delivery services are changing fast, the Commission should re-assess the efficiency and effectiveness of this Regulation and submit a regular report to the European Parliament and the Council. That report should be accompanied, where appropriate, by legislative proposals for review to the European Parliament and the Council. That report should be produced following consultation with all appropriate stakeholders and users, also including the European Social Dialogue committee for the postal sector.
Amendment 160 #
Proposal for a regulation Recital 21 (21) As markets for parcel delivery services are changing fast, the Commission should re-assess the efficiency and effectiveness of this Regulation and submit a
Amendment 161 #
Proposal for a regulation Recital 22 (22) In order to e
Amendment 162 #
Amendment 163 #
Proposal for a regulation Recital 25 (25) Since the objectives of this Regulation, namely to
Amendment 164 #
Proposal for a regulation Recital 25 (25) Since the objectives of this Regulation, namely to
Amendment 165 #
Proposal for a regulation Chapter 1 – title Amendment 166 #
Proposal for a regulation Article 1 – paragraph 1 – introductory part Amendment 167 #
Proposal for a regulation Article 1 – paragraph 1 – introductory part Amendment 168 #
Proposal for a regulation Article 1 – paragraph 1 – introductory part This Regulation establishes specific rules, in addition to the rules set out in Directive 97/67/EC for the provision of parcel delivery services, concerning:
Amendment 169 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) the transparency of tariffs and terminal rates for
Amendment 170 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) the transparency of tariffs
Amendment 171 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) the transparency of tariffs
Amendment 172 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) the transparency of tariffs
Amendment 173 #
Proposal for a regulation Article 1 – paragraph 1 – point b a (new) (ba) promotion of further harmonisation of interoperability and quality of service.
Amendment 174 #
Proposal for a regulation Article 1 – paragraph 1 – point c Amendment 175 #
Proposal for a regulation Article 1 – paragraph 1 – point c Amendment 176 #
Proposal for a regulation Article 1 – paragraph 1 – point c Amendment 177 #
Proposal for a regulation Article 1 – paragraph 1 – point c (c) transparent and non-discriminatory access to certain cross-border parcel delivery services
Amendment 178 #
This Regulation is without prejudice to the full application by all parcel delivery providers of all legal and contractual provisions concerning employment, working and social security conditions and the exercise of fundamental rights, including the right to negotiate, conclude and enforce collective bargaining agreements and to take industrial action.
Amendment 179 #
Proposal for a regulation Article 1 a (new) Article 1 a Scope 1. For the purposes of this Regulation parcel delivery services referred to in Aricle 2 of this Regulation are considered as postal services1 and are dividing into: - parcel delivery services under universal service obligation; - services, which comprise courier, express and other parcel delivery services with or without value added features. [1] by the means of Statistical classification of economic activities in the European Community (NACE http://ec.europa.eu/eurostat/documents/38 59598/5902521/KS-RA-07-015- EN.PDF/dd5443f5-b886-40e4-920d- 9df03590ff91?version=1.0
Amendment 180 #
Proposal for a regulation Article 2 – paragraph 2 – point -a (new) (-a) “parcel” means any item other than an item of correspondence delivered by any delivery service provider with a weight not exceeding 31,5 kg; (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 181 #
Proposal for a regulation 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 182 #
Proposal for a regulation Article 2 – paragraph 2 – point a a (new) (aa) “parcel” means a packet containing goods with or without a commercial value and undergoing a shipment process including clearance, sorting, transport and distribution with a weight not exceeding 31,5kg”.
Amendment 183 #
Proposal for a regulation Article 2 – paragraph 2 – point a a (new) (aa) “parcel” means a postal item or shipment with or without commercial value, other than an item of correspondence, with a weight not exceeding 31,5 kg;
Amendment 184 #
Proposal for a regulation 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 185 #
Proposal for a regulation Article 2 – paragraph 2 – point b (b) “parcel delivery service provider” means an undertaking that provides one or more parcel delivery services and which has appropriate authorization for the provision of parcel delivery services relevant to the national legislation of country where services referred to in paragraph 2 (a) are provided; undertaking that only provides domestic parcel delivery services as part of a sales contract as defined by point 5 of Article 2.5 of Directive 2011/83/EU and as part of that contract the undertaking personally delivers those goods to the consumer, or undertaking that provides the clearance, sorting, transport or distribution of parcels and other subcontracting companies that provides services for the parcel delivery service provider on contractual basis shall not be considered as parcel delivery service provider;
Amendment 186 #
Proposal for a regulation 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 187 #
Proposal for a regulation Article 2 – paragraph 2 – point a (a) “parcel delivery services” means services involving the clearance, sorting, transport or distribution of p
Amendment 188 #
Proposal for a regulation Article 2 – paragraph 2 – point a (a) “parcel delivery services” means services involving the clearance, sorting, transport
Amendment 189 #
Proposal for a regulation Article 2 – paragraph 2 – point a (a) “parcel delivery services” means services involving the clearance, sorting, transport or distribution of p
Amendment 190 #
Proposal for a regulation Article 2 – paragraph 2 – point a (a) “parcel delivery services” means services involving the clearance, sorting, transport or distribution of p
Amendment 191 #
Proposal for a regulation Article 2 – paragraph 2 – point a (a) “parcel delivery services” means
Amendment 192 #
Proposal for a regulation Article 2 – paragraph 2 – point a (a) “parcel delivery services” means services involving the clearance, sorting, transport or distribution of p
Amendment 193 #
Proposal for a regulation Article 2 – paragraph 2 – point a – point 1 (new) (1) “parcel” means a set of goods with or without a commercial value;
Amendment 194 #
Proposal for a regulation Article 2 – paragraph 2 – point a a (new) (aa) (-a) “parcel” means a postal item with a weight not exceeding 31,5 kg excluding items of correspondence;
Amendment 195 #
Proposal for a regulation 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 196 #
Proposal for a regulation Article 2 – paragraph 2 – point b (b) “parcel delivery service provider” means an undertaking that provides one or more parcel delivery services; sub- contractors shall not be regarded as parcel delivery providers;
Amendment 197 #
Proposal for a regulation Article 2 – paragraph 2 – point c Amendment 198 #
Proposal for a regulation Article 2 – paragraph 2 – point c Amendment 199 #
Proposal for a regulation Article 2 – paragraph 2 – point c Amendment 200 #
Proposal for a regulation Article 2 – paragraph 2 – point c (c) “terminal rates” means payments
Amendment 201 #
Proposal for a regulation Article 2 – paragraph 2 – point c (c) “terminal rates” means payments from the originating
Amendment 202 #
Proposal for a regulation Article 2 – paragraph 2 – point c (c) “terminal rates” means
Amendment 203 #
Proposal for a regulation Article 2 – paragraph 2 – point c a (new) (ca) “Express delivery service” means services featuring, in addition to greater speed and reliability in the collection, distribution, and delivery of items, all or some of the following supplementary facilities: guarantee of delivery by a fixed date; collection from point of origin; personal delivery to addressee; possibility of changing the destination and address in transit; confirmation to sender of receipt of the item dispatched; monitoring and tracking of items dispatched; personalised service for customers and provision of an à la carte service, as and when required.
Amendment 204 #
Proposal for a regulation Article 2 – paragraph 2 – point c b (new) (cb) “Courier services” means postal services in which the item is always under the permanent responsibility of the same person from collection till delivery to addressee.
Amendment 205 #
Proposal for a regulation Article 2 a (new) Article 2a Level of harmonisation The requirements laid down in this Regulation are minimum requirements and shall not prevent any Member State from maintaining measures which predate the entry into force of this Regulation, in order to achieve better accessibility for users to efficient and transparent cross-border parcel delivery services. Such measures shall be compatible with Union law.
Amendment 206 #
Proposal for a regulation Article 3 – paragraph 1 – introductory part 1.
Amendment 207 #
Proposal for a regulation Article 3 – paragraph 1 – point a (a) the name of the p
Amendment 208 #
Proposal for a regulation Article 3 – paragraph 1 – point b (b)
Amendment 209 #
Proposal for a regulation Article 3 – paragraph 1 – point b (b) the nature of the services offered by the p
Amendment 210 #
Proposal for a regulation Article 3 – paragraph 1 – point c (c) the provider’s general conditions of sale, including a detailed description of the complaints procedure and clear information of the liability arrangements with subcontractors and other enterprises involved in the cross-border parcel delivery services in the event of loss or damage of the parcel.
Amendment 211 #
Proposal for a regulation Article 3 – paragraph 1 – point c (c) the provider’s general terms and conditions
Amendment 212 #
Proposal for a regulation Article 3 – paragraph 1 – point c (c) the provider’s
Amendment 213 #
Proposal for a regulation Article 3 – paragraph 1 – point c (c) the p
Amendment 214 #
Proposal for a regulation Article 3 – paragraph 2 2. In case of any change concerning information referred to in
Amendment 215 #
Proposal for a regulation Article 3 – paragraph 3 – introductory part 3. By 31 March of each calendar year, all parcel delivery service providers shall submit the following information to the national regulatory authority of the Member State in which they are established unless the national regulatory authority has already requested and received such information:
Amendment 216 #
Proposal for a regulation Article 3 – paragraph 3 – introductory part 3. By 31 Ma
Amendment 217 #
Proposal for a regulation Article 3 – paragraph 3 – introductory part 3. By 3
Amendment 218 #
Proposal for a regulation Article 3 – paragraph 3 – point a (a) the annual turnover in parcel delivery services for the previous calendar year in the Member State or Member States in which the provider is established, broken down in parcel delivery services relating to national, incoming and outgoing cross-
Amendment 219 #
Proposal for a regulation Article 3 – paragraph 3 – point a (a) the annual turnover in parcel delivery services for the previous calendar year in the Member State in which the provider is established, broken down in parcel delivery services relating to national, incoming and outgoing cross- border p
Amendment 220 #
Proposal for a regulation Article 3 – paragraph 3 – point b (b) the number of persons working
Amendment 221 #
Proposal for a regulation Article 3 – paragraph 3 – point b (b) the average number of persons working for the parcel delivery service provider and involved in the provision of parcel delivery services over the previous calendar year in the Member State in which th
Amendment 222 #
Proposal for a regulation Article 3 – paragraph 3 – point b (b) the number of persons
Amendment 223 #
Proposal for a regulation Article 3 – paragraph 3 – point b a (new) (ba) the names of their sub-contractors that employ at least 50 persons, including full-time, part-time, temporary employees and self-employed;
Amendment 224 #
Proposal for a regulation Article 3 – paragraph 3 – point c (c) the number of p
Amendment 225 #
Proposal for a regulation Article 3 – paragraph 3 – point c (c) the number of p
Amendment 226 #
Proposal for a regulation Article 3 – paragraph 3 – point c (c) the number of p
Amendment 227 #
Proposal for a regulation Article 3 – paragraph 4 4. The Commission shall
Amendment 228 #
Proposal for a regulation Article 3 – paragraph 5 Amendment 229 #
Proposal for a regulation Article 3 – paragraph 5 Amendment 230 #
Proposal for a regulation Article 3 – paragraph 5 5. The national regulatory authorities may impose information requirements additional to those referred to in paragraphs 1, 2 and
Amendment 231 #
Proposal for a regulation Article 3 – paragraph 5 5. The national regulatory authorities may impose, in line with article 22 of Directive 97/67/EC, information requirements
Amendment 232 #
Proposal for a regulation Article 3 – paragraph 5 5. The national regulatory authorities may impose information requirements additional to those referred to in paragraphs 1, 2 and
Amendment 233 #
Proposal for a regulation Article 3 – paragraph 6 6.
Amendment 234 #
Proposal for a regulation Article 3 – paragraph 6 6. A parcel delivery service provider which
Amendment 235 #
Proposal for a regulation Article 3 – paragraph 6 6. A parcel delivery service provider which employs fewer than 50 persons and whose annual turnover and/or annual balance sheet total does not exceed EUR 10 million1a shall not be subject to the obligations under paragraph 1 and 2, unless that provider is established in more than one Member State. The number of persons employed by parcel delivery service provider shall include full-time, part-time, temporary employees and self-employed. _________________ 1aArticle 2 (2) of COMMISSION RECOMMENDATION of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises
Amendment 236 #
Proposal for a regulation Article 3 – paragraph 6 a (new) 6a. It is necessary to re-examine the obligation for national postal operators to grant full access to their own distribution networks, so as to establish clearly conditions of access that do not affect the trade performance of the national operators which, inter alia, also provides services of general economic interest and contribute to national resilience systems.
Amendment 237 #
Proposal for a regulation Article 3 – paragraph 6 a (new) 6a. Where information is considered confidential by a national regulatory authority, in accordance with Community and national business confidentiality rules, the Commission and the national regulatory authorities concerned shall preserve such confidentiality.
Amendment 238 #
Proposal for a regulation Article 3 – paragraph 6 a (new) 6a. Provisions referred to in point 6 are applied without prejudice to the national legislative procedures and obligations to submit information requested by the competent national regulatory authorities from parcel delivery services providers.
Amendment 239 #
Proposal for a regulation Article 3 – paragraph 6 b (new) 6b. For the purposes of preventing duplication of information to be submitted to the national regulatory authorities and getting accurate data of parcel market, parcel delivery service providers, when subcontracting other undertakings with an aim to ensure a part of parcel delivery services chain, shall submit information requested under this Article, taking into account the following criteria: (a) the number of domestic parcels handled shall include total number of parcels collected from senders together with those collected by all undertakings working for this parcel delivery service provider; (b) the number of incoming cross-border parcels shall include the number of parcels which this parcel delivery service provider, together with all undertakings working for this parcel delivery service provider, directly receives from the parcel delivery service provider of origin Member State; (c) the number of outgoing cross-border parcels shall include total number of parcels that this parcel delivery service provider directly sent to the parcel delivery services provider of destination Member State; (d) the information on annual turnover of the parcel delivery service provider shall be submitted only by those parcel delivery service providers directly collecting charges from senders (or addressee if applicable) for the parcel delivery services.
Amendment 240 #
Proposal for a regulation Article 4 – title Transparency of
Amendment 241 #
Proposal for a regulation Article 4 – title Transparency of single piece tariffs and terminal rates
Amendment 242 #
Proposal for a regulation Article 4 – title Transparency of
Amendment 243 #
Proposal for a regulation Article 4 – title Transparency of tariffs
Amendment 244 #
Proposal for a regulation Article 4 – title Transparency of tariffs
Amendment 245 #
Proposal for a regulation Article 4 – title Transparency of tariffs
Amendment 246 #
Proposal for a regulation Article 4 – paragraph 1 Amendment 247 #
Proposal for a regulation 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 248 #
Proposal for a regulation Article 4 – paragraph 1 1.
Amendment 249 #
Proposal for a regulation Article 4 – paragraph 1 1.
Amendment 250 #
Proposal for a regulation Article 4 – paragraph 1 1.
Amendment 251 #
Proposal for a regulation Article 4 – paragraph 1 1.
Amendment 252 #
Proposal for a regulation Article 4 – paragraph 1 1. Universal
Amendment 253 #
Proposal for a regulation Article 4 – paragraph 1 1.
Amendment 254 #
Proposal for a regulation Article 4 – paragraph 1 1.
Amendment 255 #
2. The national regulatory authorities shall without delay and by
Amendment 256 #
Proposal for a regulation Article 4 – paragraph 2 2. The national regulatory authorities shall without delay and by 28 February of each calendar year at the latest submit the public lists of tariffs obtained in accordance with paragraph 1 to the Commission. The Commission shall publish them on a dedicated website by 30 April of each calendar year at the latest. That website shall be neutral and shall not carry on any form of commercial activity.
Amendment 257 #
Proposal for a regulation Article 4 – paragraph 3 Amendment 258 #
Proposal for a regulation Article 4 – paragraph 3 Amendment 259 #
Proposal for a regulation Article 4 – paragraph 3 Amendment 260 #
Proposal for a regulation Article 4 – paragraph 3 Amendment 261 #
Proposal for a regulation Article 4 – paragraph 3 Amendment 262 #
Proposal for a regulation Article 4 – paragraph 3 Amendment 263 #
Proposal for a regulation Article 4 – paragraph 3 Amendment 264 #
Proposal for a regulation Article 4 – paragraph 3 Amendment 265 #
Proposal for a regulation Article 4 – paragraph 3 3.
Amendment 266 #
Proposal for a regulation Article 4 – paragraph 3 3.
Amendment 267 #
Proposal for a regulation Article 4 – paragraph 4 Amendment 268 #
Proposal for a regulation Article 4 – paragraph 4 Amendment 269 #
Proposal for a regulation Article 4 – paragraph 4 Amendment 270 #
Proposal for a regulation Article 4 – paragraph 4 Amendment 271 #
Proposal for a regulation Article 4 – paragraph 4 Amendment 272 #
Proposal for a regulation Article 4 – paragraph 4 Amendment 273 #
Proposal for a regulation Article 4 – paragraph 4 Amendment 274 #
Proposal for a regulation Article 4 – paragraph 4 Amendment 275 #
Proposal for a regulation Article 4 – paragraph 4 Amendment 276 #
Proposal for a regulation Article 5 – title Assessing affordability of cross-border tariffs
Amendment 277 #
Proposal for a regulation Article 5 – title Assessing
Amendment 278 #
Proposal for a regulation Article 5 – title Assessing
Amendment 280 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. The national regulatory authority shall
Amendment 281 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. The national regulatory authority shall
Amendment 282 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1.
Amendment 283 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. The national regulatory authority shall assess the
Amendment 284 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. The national regulatory authority shall
Amendment 285 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. The national regulatory authority shall assess the affordability of universal services with reference to cross-
Amendment 286 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. The national regulatory authority
Amendment 287 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. The national regulatory authority
Amendment 288 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. The national regulatory authority
Amendment 289 #
Proposal for a regulation 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) and (2) within 3 months of receipt of that information. In that assessment, in particular the following elements shall be taken into account:
Amendment 290 #
Proposal for a regulation Article 5 – paragraph 1 – point a Amendment 291 #
Proposal for a regulation Article 5 – paragraph 1 – point a Amendment 292 #
Proposal for a regulation Article 5 – paragraph 1 – point a Amendment 293 #
Proposal for a regulation Article 5 – paragraph 1 – point a Amendment 294 #
Proposal for a regulation Article 5 – paragraph 1 – point b Amendment 295 #
Proposal for a regulation Article 5 – paragraph 1 – point b Amendment 296 #
Proposal for a regulation Article 5 – paragraph 1 – point b Amendment 297 #
Proposal for a regulation Article 5 – paragraph 1 – point b Amendment 298 #
Proposal for a regulation Article 5 – paragraph 1 – point b Amendment 299 #
Proposal for a regulation Article 5 – paragraph 1 – point b Amendment 300 #
Proposal for a regulation Article 5 – paragraph 1 – point b Amendment 301 #
Proposal for a regulation Article 5 – paragraph 1 – point c Amendment 302 #
Proposal for a regulation Article 5 – paragraph 1 – point c Amendment 303 #
Proposal for a regulation Article 5 – paragraph 1 – point c Amendment 304 #
Proposal for a regulation Article 5 – paragraph 1 – point c Amendment 305 #
Proposal for a regulation Article 5 – paragraph 1 – subparagraph 1 (new) The assessment shall not be deemed necessary in particular where: (a) The tariffs are subject to price regulation under national legislation or (b) Similar services are offered by another parcel delivery service provider
Amendment 306 #
Proposal for a regulation 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 307 #
Proposal for a regulation Article 5 – paragraph 2 2.
Amendment 308 #
Proposal for a regulation Article 5 – paragraph 2 2. Where the national regulatory authority con
Amendment 309 #
Proposal for a regulation Article 5 – paragraph 2 2. Where the national regulatory authority
Amendment 310 #
Proposal for a regulation Article 5 – paragraph 2 2.
Amendment 311 #
Proposal for a regulation 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, including on terminal rates, and/or justification in relation to the level of those tariffs from the universal service provider.
Amendment 312 #
Proposal for a regulation Article 5 – paragraph 2 2. Where the national regulatory authority concludes that cross-border tariffs referred to in paragraph 1 are
Amendment 313 #
Proposal for a regulation 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
Amendment 314 #
Proposal for a regulation Article 5 – paragraph 2 2. Where the national regulatory authority concludes that cross-border tariffs referred to in paragraph 1 are
Amendment 315 #
Proposal for a regulation 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
Amendment 316 #
Proposal for a regulation Article 5 – paragraph 2 2. Where the national regulatory authority concludes that cross-border tariffs referred to in paragraph 1 are not affordable, it
Amendment 317 #
Proposal for a regulation 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) 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 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
Amendment 320 #
Proposal for a regulation Article 5 – paragraph 3 3. The
Amendment 321 #
Proposal for a regulation Article 5 – paragraph 3 3. The
Amendment 322 #
Proposal for a regulation Article 5 – paragraph 3 3. The
Amendment 323 #
Proposal for a regulation Article 5 – paragraph 3 3. The
Amendment 324 #
Proposal for a regulation Article 5 – paragraph 3 3. The universal service provider shall
Amendment 325 #
Proposal for a regulation Article 5 – paragraph 3 3.
Amendment 326 #
Proposal for a regulation Article 5 – paragraph 3 3. The universal service provider shall provide the national regulatory authority with the information and/or justification referred to in paragraph 2 within
Amendment 327 #
Proposal for a regulation Article 5 – paragraph 3 3. The
Amendment 328 #
Proposal for a regulation Article 5 – paragraph 3 a (new) 3a. Where the national regulatory authority in its initial assessment considers that cross-border tariffs referred to in paragraph 1 are unreasonable high, it may request additional information from the universal service provider in relation to detailed assessment of the level of those tariffs and evaluate whether these tariffs meet conformity with the principles referred to in Directive 97/67/EC set for the tariffs of the services fall into the scope of the universal service obligation.
Amendment 329 #
Proposal for a regulation Article 5 – paragraph 3 b (new) 3b. The national regulatory authorities shall in accordance with national and Union law ensure the confidentiality and data protection of the assessment and evidence provided in accordance with paragraphs 2 and 3a.
Amendment 330 #
Proposal for a regulation Article 5 – paragraph 4 4. The national regulatory authority shall submit
Amendment 331 #
Proposal for a regulation Article 5 – paragraph 4 4. The national regulatory authority shall submit
Amendment 332 #
Proposal for a regulation 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, to the Commission
Amendment 333 #
Proposal for a regulation Article 5 – paragraph 4 4. The national regulatory authority shall submit its assessment,
Amendment 334 #
Proposal for a regulation Article 5 – paragraph 5 5. The Commission shall publish the non-confidential version of the assessment provided by the national regulatory authorities in accordance with paragraph 4 on the dedicated website by 30
Amendment 335 #
Proposal for a regulation Article 6 Amendment 336 #
Proposal for a regulation Article 6 Amendment 337 #
Proposal for a regulation Article 6 Amendment 338 #
Proposal for a regulation Article 6 Amendment 339 #
Proposal for a regulation Article 6 Amendment 340 #
Proposal for a regulation Article 6 Amendment 341 #
Proposal for a regulation Article 6 Amendment 342 #
Proposal for a regulation Article 6 Amendment 343 #
Proposal for a regulation Article 6 – title Transparent and non-discriminatory cross- border access for small and medium sized enterprises
Amendment 344 #
Proposal for a regulation Article 6 – title Amendment 345 #
Proposal for a regulation Article 6 – paragraph 1 1.
Amendment 346 #
Proposal for a regulation Article 6 – paragraph 1 1. Whenever
Amendment 347 #
Proposal for a regulation 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 348 #
Proposal for a regulation Article 6 – paragraph 1 1. Whenever universal service providers providing parcel delivery services conclude multilateral agreements on terminal rates they shall meet all reasonable requests for access to all network elements and associated facilities
Amendment 349 #
Proposal for a regulation 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 350 #
Proposal for a regulation Article 6 – paragraph 2 2.
Amendment 351 #
Proposal for a regulation Article 6 – paragraph 2 2. The point at which access should be provided shall be the inward office of
Amendment 352 #
Proposal for a regulation Article 6 – paragraph 3 Amendment 353 #
Proposal for a regulation Article 6 – paragraph 3 3.
Amendment 354 #
Amendment 355 #
Proposal for a regulation Article 6 – paragraph 5 Amendment 356 #
Proposal for a regulation Article 6 – paragraph 6 Amendment 357 #
Proposal for a regulation Article 6 – paragraph 6 6.
Amendment 358 #
Proposal for a regulation Article 6 – paragraph 7 Amendment 359 #
Proposal for a regulation Article 6 – paragraph 7 7. When no agreement is reached on the basis of the individual offer referred to in paragraph 6, the parcel delivery service provider requesting access may
Amendment 360 #
Proposal for a regulation Article 6 – paragraph 7 7. When no agreement is reached on the basis of the individual offer referred to in paragraph 6, the parcel delivery service provider requesting access may submit the individual offer made by the
Amendment 361 #
Proposal for a regulation Article 6 – paragraph 8 Amendment 362 #
Proposal for a regulation Article 6 – paragraph 8 8. The access shall be operationally ensured within a reasonable period of time, not exceeding
Amendment 363 #
Proposal for a regulation Article 6 a (new) Article 6 a Provision of information to users by traders 1. All traders concluding sales contracts with users that include the sending of cross-border parcels shall make available to users at the pre-contractual stage, the following information: (a) Cross-border delivery options offered, including any choice of providers, track and trace, and mechanisms allowing the user to intervene throughout the delivery process, including to opt-out of non- attended delivery and to arrange redelivery or collection times where applicable; (b) Details of their own and relevant parcel service provider complaints processes, of alternative dispute resolution mechanisms including the EU online platform established by Regulation 524/13/EU and of the European Consumer Centres Network; (c) Prices charged by them to users for cross-border parcel delivery; 2. The information referred to in paragraph 1 shall form an integral part of the contract and shall not be altered unless the contracting parties expressly agree otherwise.
Amendment 364 #
Proposal for a regulation Article 6 a (new) Article 6a Harmonisation of interoperability and quality of service Quality of service and interoperability of cross-border parcel deliveries shall be prioritised further in accordance with the provisions of Directive 97/67/EC, taking into account in particular the interests of users, and efficiency and environmental considerations.
Amendment 365 #
Proposal for a regulation Article 7 a (new) Article 7 a Confidentiality provision Any information regarding terminal rates provided in accordance with this Regulation to national regulatory authorities and to the Commission shall be treated in the strictest confidence as falling within the obligations of professional secrecy under Article 339 TFEU, and undertakings providing such information shall be entitled to require specific written guarantees to this effect in advance of its provision.
Amendment 366 #
Proposal for a regulation Article 8 – paragraph 1 Before XX/XX/2019, and thereafter every
Amendment 367 #
Proposal for a regulation Article 8 – paragraph 1 B
Amendment 368 #
Proposal for a regulation Article 8 – paragraph 1 Before XX/XX/20
Amendment 369 #
Proposal for a regulation Article 8 – paragraph 2 – point a (a) (a) whether the transparency of cross-border tariffs and the affordability of cross-
Amendment 370 #
Proposal for a regulation Article 8 – paragraph 2 – point a (a) whether the
Amendment 371 #
Proposal for a regulation Article 8 – paragraph 2 – point a (a) whether the
Amendment 372 #
Proposal for a regulation Article 8 – paragraph 2 – point a (a) whether the
Amendment 373 #
Proposal for a regulation Article 8 – paragraph 2 – point a (a) whether
Amendment 374 #
Proposal for a regulation Article 8 – paragraph 2 – point a a (new) (aa) the extent to which the level consumer protection is appropriate, specially with regard to the easy and clear identification of the liable enterprise in the event of loss or damage of the cross- border parcel and to the full accessibility of the appropriate complaints procedure;
Amendment 375 #
Proposal for a regulation Article 8 – paragraph 2 – point b Amendment 376 #
Proposal for a regulation Article 8 – paragraph 2 – point b Amendment 377 #
Proposal for a regulation Article 8 – paragraph 2 – point b Amendment 378 #
Proposal for a regulation Article 8 – paragraph 2 – point b a (new) (ba) progress on quality of service and on the development interoperability for cross-border parcel deliveries;
Amendment 379 #
Proposal for a regulation Article 8 – paragraph 2 – point d (d) progress on other initiatives for
Amendment 380 #
Proposal for a regulation Article 9 a (new) Amendment 381 #
Proposal for a regulation Annex I – subheading 1 Amendment 382 #
Proposal for a regulation Annex I – subheading 1 Postal items for which
Amendment 383 #
Proposal for a regulation Annex I – subheading 1 P
Amendment 384 #
Proposal for a regulation Annex I – subheading 1 P
Amendment 385 #
Proposal for a regulation Annex I – subheading 1 a (new) Amendment 386 #
Proposal for a regulation Annex I – point a Amendment 387 #
Proposal for a regulation Annex I – point a (a) a 500 gr (domestic and intra Union)
Amendment 388 #
Proposal for a regulation Annex I – point b Amendment 389 #
Proposal for a regulation Annex I – point b (b) a 1 kg (domestic and intra Union)
Amendment 390 #
Proposal for a regulation Annex I – point c Amendment 391 #
Proposal for a regulation Annex I – point c (c) a 2 kg (domestic and intra Union)
Amendment 392 #
Proposal for a regulation Annex I – point d Amendment 393 #
Proposal for a regulation Annex I – point d (d) a 500gr (domestic and intra Union)
Amendment 394 #
Proposal for a regulation Annex I – point e Amendment 395 #
Proposal for a regulation Annex I – point e (e) a 1 kg (domestic and intra Union)
Amendment 396 #
Proposal for a regulation Annex I – point f Amendment 397 #
Proposal for a regulation Annex I – point f (f) a 2 kg (domestic and intra Union)
Amendment 398 #
Proposal for a regulation Annex I – point g Amendment 399 #
Proposal for a regulation Annex I – point g Amendment 400 #
Proposal for a regulation Annex I – point h Amendment 401 #
Proposal for a regulation Annex I – point h Amendment 402 #
Proposal for a regulation Annex I – point i Amendment 403 #
Proposal for a regulation Annex I – point i Amendment 404 #
Proposal for a regulation Annex I – point j Amendment 405 #
Proposal for a regulation Annex I – point j Amendment 406 #
Proposal for a regulation Annex I – point k Amendment 407 #
Proposal for a regulation Annex I – point k Amendment 408 #
Proposal for a regulation Annex I – point l Amendment 409 #
Proposal for a regulation Annex I – point m Amendment 410 #
Proposal for a regulation Annex I – point m Amendment 411 #
Proposal for a regulation Annex I – point n Amendment 412 #
Proposal for a regulation Annex I – point n Amendment 413 #
Proposal for a regulation Annex I – point o Amendment 414 #
Proposal for a regulation Annex I – paragraph 1 – introductory part 3. The postal items, as defined above, shall
Amendment 415 #
Proposal for a regulation Annex I – paragraph 1 – introductory part The p
Amendment 416 #
Proposal for a regulation Annex I – paragraph 1 – point a (a) The size limits of the postal items
Amendment 417 #
Proposal for a regulation Annex I – paragraph 1 – point a (a) The size limits of the p
Amendment 418 #
Proposal for a regulation Annex I – paragraph 1 – point b Amendment 419 #
Proposal for a regulation Annex I – paragraph 1 – point b (b) The
Amendment 420 #
Proposal for a regulation Annex I – paragraph 2 Amendment 421 #
Proposal for a regulation 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.
Amendment 422 #
Proposal for a regulation Annex I – paragraph 3 (
Amendment 423 #
Proposal for a regulation Annex I – paragraph 4 (
Amendment 424 #
Proposal for a regulation Annex I – paragraph 5 (
Amendment 80 #
Draft legislative resolution Paragraph 2 2. Calls on the Commission to re
Amendment 81 #
Proposal for a regulation Recital 1 (1) The tariffs applicable to low volume senders of cross-border parcels
Amendment 82 #
Proposal for a regulation Recital 1 (1) The tariffs applicable to low volume senders of cross-border parcels and other postal items, particularly small and medium-sized enterprises and individuals, are still relatively high. This has a direct negative impact on
Amendment 83 #
Proposal for a regulation Recital 1 (1) The tariffs applicable to low volume us
Amendment 84 #
Proposal for a regulation Recital 1 (1) The tariffs applicable to low volume senders of cross-border parcels and other postal items, particularly small and medium-sized enterprises and individuals, are still relatively high. This has a direct negative impact on
Amendment 85 #
Proposal for a regulation Recital 1 (1)
Amendment 86 #
Proposal for a regulation Recital 2 (2) There are fundamental differences between Member States when it comes to competences conferred on national regulatory authorities with regard to market monitoring and regulatory oversight of parcel delivery providers. This has been confirmed by a joint report48 prepared by the European Regulators Group for Postal Services and the Body of European Regulators for Electronic Communications
Amendment 87 #
Proposal for a regulation Recital 2 (2) There are fundamental differences between Member States when it comes to competences conferred on national regulatory authorities with regard to market monitoring and regulatory oversight of parcel delivery providers. This has been confirmed by a joint report48 prepared by the European Regulators Group for Postal Services and the Body of European Regulators for Electronic Communications, who concluded that national regulatory authorities need the appropriate regulatory powers to intervene and that such powers do not seem to be present in all Member States. Those differences result in additional administrative burdens and compliance costs for parcel delivery service providers who operate cross- border. Those differences therefore constitute an obstacle to the cross-border provision of parcel delivery services, preventing more purchases or sales being made throughout the EU, and thus have a direct effect on the functioning of the internal market.
Amendment 88 #
Proposal for a regulation 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 89 #
Proposal for a regulation Recital 2 a (new) (2 a) Due to the international nature of postal and parcel sector, the further development of European and international technical standards is important for the benefit of users and the environment, and to broaden market opportunities for businesses.
Amendment 90 #
Proposal for a regulation Recital 2 b (new) (2 b) Article 47 of the Charter of Fundamental Rights of the European Union provides that everyone whose rights under Union law are violated shall have the right to an effective remedy and Article 16 of the Charter recognises the freedom to run a business in accordance with Union and national law and practices;
Amendment 91 #
Proposal for a regulation Recital 3 (3) The market for cross-border parcel delivery services is diverse and complex, with different providers offering different services and prices depending on weight, size and format of the items sent as well as destination, added value features, such as traceability solutions, and the number of items sent. That diversity makes it hard for consumers and users to compare parcel delivery services
Amendment 92 #
Proposal for a regulation Recital 4 (4) In order to improve the affordability of cross-border parcel delivery services, especially for consumers and users in
Amendment 93 #
Proposal for a regulation Recital 4 (4) In order to improve the affordability of cross-border parcel delivery services, especially for users in remote or sparsely populated areas, it is necessary to improve the transparency of public lists of tariffs for a limited set of cross-border parcel delivery services offered by
Amendment 94 #
Proposal for a regulation Recital 4 (4) In order to improve the
Amendment 95 #
Proposal for a regulation Recital 4 (4) In order to improve
Amendment 96 #
Proposal for a regulation Recital 4 (4) In order to improve the affordability of cross-border parcel delivery services, especially for
Amendment 97 #
Proposal for a regulation Recital 4 (4) In order to improve the affordability of cross-border parcel delivery services, especially for users in remote, mountainous, island or sparsely populated areas and for those who are disabled or with reduced mobility, it is necessary to improve the transparency of
Amendment 98 #
Proposal for a regulation Recital 4 (4) In order to improve the affordability of cross-border parcel delivery services, especially for
Amendment 99 #
Proposal for a regulation Recital 4 (4) In order to improve the
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Internal Market and Consumer Protection (Associated committee) |
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Transport and TourismNew
Transport and Tourism (Associated committee) |
2017-01-11Show (4) Changes | Timetravel
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53b2d711b819f205b0000009New
51d21268b819f23b5b000001 |
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ANDERSON LucyNew
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PORĘBA Tomasz PiotrNew
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