Procedure : 2017/0288(COD)
Document stages in plenary
Document selected : A8-0032/2019

Texts tabled :

A8-0032/2019

Debates :

PV 13/02/2019 - 25
CRE 13/02/2019 - 25

Votes :

PV 14/02/2019 - 10.11
Explanations of votes

Texts adopted :

P8_TA(2019)0125

REPORT     ***I
PDF 267kWORD 118k
28.1.2019
PE 623.746v02-00 A8-0032/2019

on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1073/2009 on common rules for access to the international market for coach and bus services

(COM(2017)0647 – C8‑0396/2017 – 2017/0288(COD))

Committee on Transport and Tourism

Rapporteur: Roberts Zīle

AMENDMENTS
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 PROCEDURE – COMMITTEE RESPONSIBLE
 FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1073/2009 on common rules for access to the international market for coach and bus services

(COM(2017)0647 – C8‑0396/2017 – 2017/0288(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2017)0647),

–  having regard to Article 294(2) and Article 91(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0396/2017),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Irish Houses of the Oireachtas, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–  having regard to the opinion of the European Economic and Social Committee of 19 April 2018(1),

–  after consulting the Committee of the Regions,

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Transport and Tourism (A8-0032/2019),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment    1

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1)  The application of Regulation (EC) No 1073/2009 of the European Parliament and of the Council17 has revealed that operators in national markets are facing obstacles to the development of inter-urban coach services. Moreover, road passenger transport services have not kept pace with the evolving needs of citizens in terms of availability and quality and sustainable transport modes continue to have a low modal share. As a consequence, certain groups of citizens are placed at a disadvantage in terms of availability of passenger transport services, and there are more road accidents, emissions and congestion due to greater use of cars.

(1)  The application of Regulation (EC) No 1073/2009 of the European Parliament and of the Council17 has revealed that some operators in national markets are facing unjustified obstacles to the development of inter-urban coach services of benefit to passengers. Moreover, road passenger transport services have not kept pace with the evolving needs of citizens in terms of availability and quality and sustainable transport modes continue to have a low modal share. As a consequence, certain groups of citizens are placed at a disadvantage in terms of availability of passenger transport services, and there are more road accidents, emissions, congestion and increased infrastructure costs due to greater use of cars.

__________________

__________________

17 Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p. 88).

17 Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p. 88).

Amendment    2

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2)  To ensure a coherent framework for the inter-urban carriage of passengers by regular coach and bus services throughout the Union, Regulation (EC) No 1073/2009 should apply to all inter-urban carriage by regular services. The scope of that Regulation should therefore be extended.

(2)  To ensure a coherent framework for the inter-urban carriage of passengers by regular coach and bus services throughout the Union, Regulation (EC) No 1073/2009 should apply to all inter-urban carriage by regular services. The scope of that Regulation should therefore be extended, but should not be applied to urban or suburban centres or conurbations and should be without prejudice to the provisions of Regulation (EC) No 1370/2007.

Amendment    3

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3)  An independent and impartial regulatory body should be designated in each Member State to ensure the proper functioning of the road passenger transport market. That body may also be responsible for other regulated sectors such as rail, energy or telecommunications.

(3)  Each Member State should designate an independent and impartial regulatory body, with the task of issuing binding opinions, to ensure the proper functioning of the road passenger transport market. That body may also be responsible for other regulated sectors such as rail, energy or telecommunications.

Amendment    4

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4)  Commercial regular service operations should not compromise the economic equilibrium of existing public service contracts. For this reason, the regulatory body should be able to carry out an objective economic analysis to ensure that this is the case.

(4)  Commercial regular service operations should not compromise the economic equilibrium of existing or granted public service contracts in accordance with Regulation 1370/2007. For this reason, the regulatory body should be able to carry out an objective economic analysis and should have the authority, where appropriate, to propose measures necessary to ensure that this is the case. Commercial regular service operations should not compete with transport providers who have been granted exclusive rights to provide certain public passenger transport services in return for the discharge of public service obligations within the framework of a public service contract.

Amendment    5

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5)  Regular services in the form of cabotage operations should be conditional on the possession of a Community licence. In order to facilitate effective controls of those services by enforcement authorities, the rules regarding the issuing of Community licences should be clarified.

(5)  The operation of regular services in the form of cabotage operations should beconditional on the possession of a Community licence and the use of a smart tachograph in accordance with Chapter II of Regulation (EU) No 165/2014 of the European Parliament and of the Council. In order to facilitate effective controls of those services by enforcement authorities, the rules regarding the issuing of Community licences should be clarified and the IMI module developed for the sending of posting declarations and electronic applications, enabling the inspectors carrying out the roadside checks to have direct real-time access to data and information contained in the European Register of Road Transport Undertakings (ERRU) and in the Internal Market Information System (IMI) and so as to ensure that social contributions are actually paid for posted bus drivers.

Amendment    6

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6)  In order to ensure fair competition in the market, operators of regular services should be provided with access rights to terminals in the Union on fair, equitable, non-discriminatory and transparent terms. Appeals against decisions rejecting or limiting access should be lodged with the regulatory body.

(6)  In order to ensure fair competition in the market, operators of regular services should be provided with access rights to terminals in the Union on fair, equitable, non-discriminatory and transparent terms. The operation of a terminal should be approved by a national authority, which should verify which requirements are necessary and which must be fulfilled. Appeals against decisions rejecting or limiting access should be lodged with the regulatory body. Member States might exclude terminals that are owned and used solely by the terminal operator for its own road passenger transport services.

Amendment    7

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8)  Authorisation for both national and international regular services should be subject to an authorisation procedure. Authorisation should be granted, unless there are specific grounds for refusal attributable to the applicant, or the service would compromise the economic equilibrium of a public service contract. A distance threshold should be introduced to ensure that commercial regular service operations do not compromise the economic equilibrium of existing public service contracts. In the case of routes already served by more than one public service contract, it should be possible to increase that threshold.

(8)  Authorisation for both national and international regular services should be subject to an authorisation procedure. Authorisation should be granted, unless there are specific grounds for refusal attributable to the applicant, or the service would compromise the economic equilibrium of a public service contract. A distance threshold, determined by the Member States, which should in any event not exceed 100 kilometres journey distance, should be introduced to ensure that commercial regular service operations do not compromise the economic equilibrium of existing public service contracts.

Amendment    8

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9)  Non-resident carriers should be able to operate national regular services under the same conditions as resident carriers.

(9)  Non-resident carriers should be able to operate national regular services under the same conditions as resident carriers, as long as they have complied with road transport or other relevant provisions of national, Union and international law.

Amendment    9

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10)  Administrative formalities should be reduced as much as possible without abandoning the controls and penalties that guarantee the correct application and effective enforcement of Regulation (EC) No 1073/2009. The journey form constitutes an unnecessary administrative burden and should therefore be abolished.

(10)  Administrative formalities should be reduced where possible without abandoning the controls and penalties that guarantee the correct application and effective enforcement of Regulation (EC) No 1073/2009.

Amendment    10

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11)  Local excursions are an authorised cabotage operation and are covered by the general rules on cabotage. The article on local excursions should therefore be deleted.

deleted

Amendment    11

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(14)  In order to take into account market developments and technical progress the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend Annexes I and II to Regulation (EC) No 1073/2009, and to supplement that Regulation with rules concerning the format of certificates for own-account transport operations, the format of applications for authorisations and authorisations themselves, the procedure and criteria to be followed to determine if a proposed service would compromise the economic equilibrium of a public service contract, and the reporting obligations of Member States. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in line with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making18 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as the Member States’ experts, and the European Parliament and the Council experts should systematically have access to the Commission’s expert group meetings dealing with the preparation of delegated acts.

(14)  In order to take into account market developments and technical progress the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend Annexes I and II to Regulation (EC) No 1073/2009, and to supplement that Regulation with rules concerning the format of certificates for own-account transport operations, the format of applications for authorisations and authorisations themselves, the procedure and criteria to be followed to determine if a proposed service would compromise the equilibrium of a public service contract, and the reporting obligations of Member States. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in line with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making18 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as the Member States’ experts, and the European Parliament and the Council experts should systematically have access to the Commission’s expert group meetings dealing with the preparation of delegated acts.

_________________

_________________

18 OJ L 123, 12.5.2016, p. 1.

18 OJ L 123, 12.5.2016, p. 1.

Amendment    12

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EC) No 1073/2009

Article 1 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  This Regulation shall apply to national road passenger services for hire or reward operated by a non-resident carrier as provided for in Chapter V.;

4.  This Regulation shall apply to national interurban road passenger services for hire or reward operated by a non-resident carrier as provided for in Chapter V, and shall be without prejudice to the provisions of Regulation (EC) No 1370/2007.

Amendment    13

Proposal for a regulation

Article 1 – paragraph 1 – point 2 – point c

Regulation (EC) No 1073/2009

Article 2 – paragraph 1 – point 9

 

Text proposed by the Commission

Amendment

9.  ‘terminal’ means any facility with a minimum area of 600m2, which provides a parking place that is used by coaches and buses for the setting down or picking up of passengers;

9.  ‘terminal’ means an authorised facility which provides a parking place that is used by coaches and buses for the alighting or boarding of passengers;

Amendment    14

Proposal for a regulation

Article 1 – paragraph 1 – point 2 – point c

Regulation (EC) No 1073/2009

Article 2 – paragraph 1 – point 10

 

Text proposed by the Commission

Amendment

10.  ‘terminal operator’ means any entity responsible for granting access to a terminal;

10.  ‘terminal operator’ means any entity in a Member State responsible for the management of a terminal, which meets professional competence and financial capacity requirements.

Amendment    15

Proposal for a regulation

Article 1 – paragraph 1 – point 2 – point c

Regulation (EC) No 1073/2009

Article 2 – paragraph 1 – point 11

 

Text proposed by the Commission

Amendment

11.  ‘viable alternative’ means another terminal which is economically acceptable to the carrier, and allows it to operate the passenger service concerned.;

11.  ‘viable alternative’ means another terminal which is economically acceptable to the carrier and provides comparable infrastructure and connectivity to the terminal originally applied for, allows passengers access to other forms of public transport, and allows the carrier to operate the passenger service concerned in a similar manner to the terminal originally applied for.

Amendment    16

Proposal for a regulation

Article 1 – paragraph 1 – point 2 – point c

Regulation (EC) No 1073/2009

Article 2 – paragraph 1 – point 11 a (new)

 

Text proposed by the Commission

Amendment

 

11a.  ‘public service contract’ means one or more legally binding acts confirming the agreement between a competent authority and a public service operator to entrust to that public service operator the management and operation of public passenger transport services subject to public service obligations; depending on the law of the Member State, the contract may also consist of a decision adopted by the competent authority taking the form of an individual legislative or regulatory act, or containing conditions under which the competent authority itself provides the services or entrusts the provision of such services to an internal operator;

Justification

The public service contract should be defined pursuant to Regulation (EC) 1370/2007.

Amendment    17

Proposal for a regulation

Article 1 – paragraph 1 – point 2 – point c

Regulation (EC) No 1073/2009

Article 2 – paragraph 1 – point 11 b (new)

 

Text proposed by the Commission

Amendment

 

11b. ‘alternative route’ means a route between the same starting point and destination taken by an existing regular service that can be used instead.

Amendment    18

Proposal for a regulation

Article 1 – paragraph 1 – point 3

Regulation (EC) No 1073/2009

Article 3a – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

Each Member State shall designate a single national regulatory body for the road passenger transport sector. That body shall be an impartial authority which is, in organisational, functional, hierarchical and decision making terms, legally distinct and independent from any other public or private entity. It shall be independent from any competent authority involved in the award of a public service contract.

The competent authorities in each Member State shall designate a national public regulatory body for the road passenger transport sector. That body shall be an impartial authority which is, in organisational, functional, hierarchical and decision making terms, legally distinct, transparent and independent from any other public or private entity. It shall be independent from any competent authority involved in the award of a public service contract.

Amendment    19

Proposal for a regulation

Article 1 – paragraph 1 – point 3

Regulation (EC) No 1073/2009

Article 3a – paragraph 1 – subparagraph 2

 

Text proposed by the Commission

Amendment

The regulatory body may be responsible for other regulated sectors.

The regulatory body may be an existing body which is responsible for other regulated services.

Amendment    20

Proposal for a regulation

Article 1 – paragraph 1 – point 3

Regulation (EC) No 1073/2009

Article 3a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The regulatory body for the road passenger transport sector shall have the necessary organisational capacity in terms of human and other resources, which shall be proportionate to the importance of that sector in the Member State concerned.

2.  The regulatory body for the road passenger transport sector shall have the necessary organisational capacity in terms of human, financial and other resources to fulfil its duties, which shall be proportionate to the importance of that sector in the Member State concerned.

Amendment    21

Proposal for a regulation

Article 1 – paragraph 1 – point 3

Regulation (EC) No 1073/2009

Article 3a – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2 a.  Without prejudice to the powers of the national competition authorities, the regulatory body shall have the power to monitor the competitive situation in the domestic market for regular passenger transport services by road, with a view to preventing discrimination or the abuse of a dominant position in the market, including through sub-contracting. Its opinions shall be binding.

Amendment    22

Proposal for a regulation

Article 1 – paragraph 1 – point 3

Regulation (EC) No 1073/2009

Article 3a – paragraph 3 – point b

 

Text proposed by the Commission

Amendment

(b)  collect and provide information on access to terminals; and

(b)  collect and provide information on access to terminals with an aim of ensuring that access to the terminals for service operators is granted under fair, equitable, non-discriminatory and transparent conditions;

Amendment    23

Proposal for a regulation

Article 1 – paragraph 1 – point 3

Regulation (EC) No 1073/2009

Article 3a – paragraph 3 – point c

 

Text proposed by the Commission

Amendment

(c)  decide on appeals against decisions of terminal operators.

(c)  decide on appeals against decisions of terminal operators; and

Amendment    24

Proposal for a regulation

Article 1 – paragraph 1 – point 3

Regulation (EC) No 1073/2009

Article 3a – paragraph 3 – point c a (new)

 

Text proposed by the Commission

Amendment

 

(c a)  create a publicly accessible electronic register, listing all authorised national and international regular services.

Amendment    25

Proposal for a regulation

Article 1 – paragraph 1 – point 3

Regulation (EC) No 1073/2009

Article 3a – paragraph 4 – subparagraph 1

 

Text proposed by the Commission

Amendment

The regulatory body may, in exercising its tasks, request relevant information from the competent authorities, terminal operators, applicants for authorisation and any third party involved within the territory of the Member State concerned.

The regulatory body may, in exercising its tasks, request relevant information from other competent authorities, terminal operators, applicants for authorisation and any third party involved within the territory of the Member State concerned.

Amendment    26

Proposal for a regulation

Article 1 – paragraph 1 – point 3

Regulation (EC) No 1073/2009

Article 3a – paragraph 4 – subparagraph 2

 

Text proposed by the Commission

Amendment

Information requested shall be supplied within a reasonable period set by the regulatory body and not exceeding one month. In justified cases, the regulatory body may extend the time limit for submission of information by a maximum of two weeks. The regulatory body shall be able to enforce requests for information by means of penalties which are effective, proportionate and dissuasive.

Information requested shall be supplied within a reasonable period set by the regulatory body, which shall not exceed one month. In duly justified cases, the regulatory body may extend the time limit for submission of information by a maximum of two weeks. The regulatory body shall be able to enforce requests for information by means of penalties which are effective, proportionate and dissuasive.

Amendment    27

Proposal for a regulation

Article 1 – paragraph 1 – point 3

Regulation (EC) No 1073/2009

Article 3a – paragraph 5

 

Text proposed by the Commission

Amendment

5.  Member States shall ensure that decisions taken by the regulatory body are subject to judicial review. That review may have suspensive effect only when the immediate effect of the regulatory body’s decision may cause irretrievable or manifestly excessive damages for the appellant. This provision is without prejudice to the powers of the court hearing the appeal as conferred by constitutional law of the Member State concerned.

5.  Member States shall ensure that decisions taken by the regulatory body are subject to prompt judicial review. That review may have suspensive effect only when the immediate effect of the regulatory body’s decision may cause irretrievable or manifestly excessive damages for the appellant. This provision is without prejudice to the powers of the court hearing the appeal as conferred by constitutional law of the Member State concerned.

Amendment    28

Proposal for a regulation

Article 1 – paragraph 1 – point 3

Regulation (EC) No 1073/2009

Article 3a – paragraph 6

 

Text proposed by the Commission

Amendment

6.  Decisions taken by the regulatory body shall be made public.;

6.  Decisions taken by the regulatory body shall be made public within two weeks of their adoption;

Amendment    29

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EC) No 1073/2009

Article 5a – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

1 a.  Where terminal operators grant access, bus and coach operators shall comply with the terminal’s existing terms and conditions.

Amendment    30

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EC) No 1073/2009

Article 5a – paragraph 2 – subparagraph 2

 

Text proposed by the Commission

Amendment

Requests for access may be refused only on the grounds of lack of capacity.

Requests for access to terminals may be refused only on duly justified grounds of lack of capacity considerations, repeated failure to pay fees, duly documented serious and repeated infringements by the road transport operator, or other national provisions, provided they are consistently applied and do not discriminate either against particular carriers seeking access to a terminal, or their associated business models. If a request is refused, the terminal operator shall also communicate its decision to the regulatory authority.

Amendment    31

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EC) No 1073/2009

Article 5a – paragraph 2 – subparagraph 3

 

Text proposed by the Commission

Amendment

Where a terminal operator refuses a request for access, it shall indicate any viable alternatives.

Where a terminal operator refuses a request for access, it is encouraged to indicate best viable alternatives of which it is aware.

Amendment    32

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EC) No 1073/2009

Article 5a – paragraph 3 – subparagraph 1 – introductory part

 

Text proposed by the Commission

Amendment

Terminal operators shall publish at least the following information in two or more official languages of the Union:

Terminal operators shall publish at least the following information in the respective national languages and one other official language of the Union:

Amendment    33

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EC) No 1073/2009

Article 5a – paragraph 3 – subparagraph 1 – point a a (new)

 

Text proposed by the Commission

Amendment

 

(aa)  a list of all existing infrastructure and technical specifications of the terminal;

Amendment    34

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EC) No 1073/2009

Article 5a – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

3 a.  Member States may exclude terminals that are owned and used solely by the terminal operator for its own road passenger transport services from the application of this Article. When considering an application for exclusion, regulatory bodies shall take into account the availability of viable alternatives.”;

Amendment    35

Proposal for a regulation

Article 1 – paragraph 1 – point 7

Regulation (EC) No 1073/2009

Article 5b – paragraph 2

 

Text proposed by the Commission

Amendment

2.  If access cannot be granted as requested in the application, the terminal operator shall initiate consultations with all interested carriers with a view to accommodating the application.

deleted

Amendment    36

Proposal for a regulation

Article 1 – paragraph 1 – point 7

Regulation (EC) No 1073/2009

Article 5b – paragraph 3

 

Text proposed by the Commission

Amendment

3.  The terminal operator shall take a decision on any application for access to a terminal within two months of the date of submission of the application by the carrier. Decisions on access shall state the reasons on which they are based.

3.  The terminal operator shall take a decision on any application for access to a terminal without delay and no later than one month of the date of submission of the application by the carrier. Where access is refused, the terminal operator shall justify its decision.

Amendment    37

Proposal for a regulation

Article 1 – paragraph 1 – point 7

Regulation (EC) No 1073/2009

Article 5b – paragraph 5 – subparagraph 2

 

Text proposed by the Commission

Amendment

The decision of the regulatory body on the appeal shall be binding. The regulatory body shall be able to enforce it by means of penalties which are effective, proportionate and dissuasive

The decision of the regulatory body on the appeal shall be binding, subject to national law provisions regarding judicial review. The regulatory body shall be able to enforce it by means of penalties which are effective, proportionate and dissuasive.

Amendment    38

Proposal for a regulation

Article 1 – paragraph 1 – point 10

Regulation (EC) No 1073/2009

Article 8 – title

 

Text proposed by the Commission

Amendment

Authorisation procedure for the international carriage of passengers over a distance of less than 100 kilometres as the crow flies

Procedures for authorisation, suspension and withdrawal of authorisation for the international carriage of passengers over a distance of up to 100 kilometres journey distance

Amendment    39

Proposal for a regulation

Article 1 – paragraph 1 – point 10

Regulation (EC) No 1073/2009

Article 8 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  Authorisations shall be issued in agreement with the competent authorities of all the Member States in whose territories passengers are picked up or set down and are carried over distances of less than 100 kilometres as the crow flies. The authorising authority shall send a copy of the application, together with copies of any other relevant documentation, within two weeks of receipt of the application to such competent authorities with a request for their agreement. At the same time, the authorising authority shall forward those documents to the competent authorities of other Member States whose territories are crossed, for information.

1.  Authorisations shall be issued in agreement with the competent authorities of all the Member States in whose territories passengers are picked up or set down and are carried over distances defined by each Member State, up to 100 kilometres journey distance. The authorising authority shall send a copy of the application, together with copies of any other relevant documentation, within two weeks of receipt of the application to such competent authorities with a request for their agreement. At the same time, the authorising authority shall forward those documents to the competent authorities of other Member States whose territories are crossed, for information.

Amendment    40

Proposal for a regulation

Article 1 – paragraph 1 – point 10

Regulation (EC) No 1073/2009

Article 8 – paragraph 2 – subparagraph 1

 

Text proposed by the Commission

Amendment

The competent authorities of the Member States whose agreement has been requested shall notify the authorising authority of their decision within three months. The time limit shall be calculated from the date of receipt of the request for agreement which is demonstrated by the acknowledgement of receipt. If the competent authorities of the Member States whose agreement has been requested do not agree, they shall state the reasons.

The competent authorities of the Member States whose agreement has been requested shall notify the authorising authority of their decision within two months. The time limit shall be calculated from the date of receipt of the request for agreement which is demonstrated by the acknowledgement of receipt. If the competent authorities of the Member States whose agreement has been requested do not agree, they shall state the reasons.

Amendment    41

Proposal for a regulation

Article 1 – paragraph 1 – point 10

Regulation (EC) No 1073/2009

Article 8 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  The authorising authority shall take a decision on the application within four months of the date of submission of the application by the carrier.

3.  The authorising authority shall take a decision on the application within three months of the date of submission of the application by the carrier.

Amendment    42

Proposal for a regulation

Article 1 – paragraph 1 – point 10

Regulation (EC) No 1073/2009

Article 8 – paragraph 4

 

Text proposed by the Commission

Amendment

4.  Authorisation shall be granted unless refusal can be justified on one or more of the grounds listed in points (a) to (d) of Article 8c(2).

4.  Authorisation shall be granted unless refusal can be justified on one or more of the objective grounds related to the public interest listed in points (a) to (d) of Article 8c(2).

Amendment    43

Proposal for a regulation

Article 1 – paragraph 1 – point 10

Regulation (EC) No 1073/2009

Article 8 – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

4 a.  In the event that an international regular bus and coach service has compromised the economic equilibrium of a public service contract, due to exceptional reasons which could not have been foreseen at the time of granting the authorisation and which lay not in the responsibility of the owner of the public service contract, the Member State concerned may, with the agreement of the Commission, suspend or withdraw the authorisation to provide the service, after having given six months’ notice to the carrier. The carrier shall have the possibility to appeal such decision.

Amendment    44

Proposal for a regulation

Article 1 – paragraph 1 – point 10

Regulation (EC) No 1073/2009

Article 8 – paragraph 6

 

Text proposed by the Commission

Amendment

6.  After having consulted the Member States of the competent authorities which disagreed, the Commission shall, within four months from receipt of the communication from the authorising authority, take a decision. The decision shall take effect 30 days after its notification to the Member States concerned.

6.  After having consulted the Member States of the competent authorities which disagreed, the Commission shall, no later than two months from receipt of the communication from the authorising authority, take a decision. The decision shall take effect 30 days after its notification to the competent authorities in the Member States concerned.

Amendment    45

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EC) No 1073/2009

Article 8a – title

 

Text proposed by the Commission

Amendment

Authorisation procedure for the international carriage of passengers over a distance of 100 kilometres or more as the crow flies

Procedures for authorisation, suspension and withdrawal of authorisation for the international carriage of passengers over a distance of over 100 kilometres journey distance

Amendment    46

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EC) No 1073/2009

Article 8a – paragraph 1

 

Text proposed by the Commission

Amendment

1.  The authorising authority shall take a decision on the application within two months of the date of submission of the application by the carrier.

1.  The authorising authority shall take a decision on the application without delay and no later than two months of the date of submission of the application by the carrier.

Amendment    47

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EC) No 1073/2009

Article 8a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  Authorisation shall be granted unless refusal can be justified on one or more of the grounds listed in points (a) to (c) of Article 8c(2).

2.  Authorisation shall be granted unless refusal can be justified on one or more of the grounds listed in points (a) to (ca) of Article 8c(2).

Amendment    48

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EC) No 1073/2009

Article 8a – paragraph 3

 

Text proposed by the Commission

Amendment

3.  The authorising authority shall forward to the competent authorities of all Member States in whose territories passengers are picked up or set down, as well as to the competent authorities of Member States whose territories are crossed without passengers being picked up or set down, a copy of the application, together with copies of any other relevant documentation, and its assessment, for information.

3.  The authorising authority shall forward to the competent authorities of all Member States in whose territories passengers are boarding or alighting a copy of the application, together with copies of any other relevant documentation, and its assessment within two weeks of receipt of the application, with a request for their agreement. The authorising authority shall also forward the relevant documents to the competent authorities of the Member States whose territories are crossed without passengers boarding or alighting, for information.

Amendment    49

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EC) No 1073/2009

Article 8a – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

3 a.  If one of the competent authorities of the Member States in whose territories passengers are boarding or alighting does not agree to the authorisation for one of the reasons set out in paragraph 2, authorisation may not be granted, but the matter may be referred to the Commission within one month of receipt of its reply.

Amendment    50

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EC) No 1073/2009

Article 8a – paragraph 3 b (new)

 

Text proposed by the Commission

Amendment

 

3 b.  After having consulted the Member States of the competent authorities which disagreed, the Commission shall, within four months of receipt of the communication from the authorising authority, take a decision. The decision shall take effect 30 days after its notification to the Member States concerned.

Amendment    51

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EC) No 1073/2009

Article 8a – paragraph 3 c (new)

 

Text proposed by the Commission

Amendment

 

3 c.  The Commission decision shall apply until such time as the Member States reach an agreement and the authorising authority adopts a decision on the application.

Amendment    52

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EC) No 1073/2009

Article 8b – paragraph 1

 

Text proposed by the Commission

Amendment

1.  The authorising authority shall take a decision on the application within two months of the date of submission of the application by the carrier. This may be extended to four months where an analysis is requested in accordance with Article 8c(2)(d).

1.  The authorising authority shall take a decision on the application no later than two months of the date of submission of the application by the carrier. This may be extended to three months where an analysis is requested in accordance with Article 8c(2)(d).

Amendment    53

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EC) No 1073/2009

Article 8b – paragraph 2

 

Text proposed by the Commission

Amendment

2.  Authorisations for national regular services shall be granted unless refusal can be justified on one or more of the grounds listed in points (a) to (c) of Article 8c(2) and, if the service is carrying passengers over a distance of less than 100 kilometres as the crow flies, Article 8c(2)(d).

2.  Authorisations for national regular services shall be granted unless refusal can be justified on one or more of the grounds listed in points (a) to (ca) of Article 8c(2) and, if the service is carrying passengers over a distance of up to, but no more than 100 kilometres journey distance, Article 8c(2)(d).

Amendment    54

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EC) No 1073/2009

Article 8b – paragraph 3

 

Text proposed by the Commission

Amendment

3.  The distance referred to in paragraph 2 may be increased to 120 kilometres if the regular service to be introduced will serve a point of departure and a destination which are already served by more than one public service contract.

deleted

Amendment    55

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EC) No 1073/2009

Article 8c – paragraph 2 – subparagraph 1

 

Text proposed by the Commission

Amendment

Decisions rejecting an application or granting authorisation with limitations shall state the reasons on which they are based.

Decisions rejecting an application, granting authorisation with limitations, or suspending or withdrawing authorisation shall state the reasons on which they are based and, where applicable, take into account the analyses of the regulatory body. The applicant or the carrier operating the service concerned shall have the possibility to appeal the decisions of the authorising authority.

Amendment    56

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EC) No 1073/2009

Article 8c – paragraph 2 – subparagraph 2 – introductory part

 

Text proposed by the Commission

Amendment

Authorisation shall be granted unless rejection can be justified on one or more of the following grounds:

The application for authorisation maybe rejected only on one or more of the following grounds:

Amendment    57

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EC) No 1073/2009

Article 8c – paragraph 2 – subparagraph 2 – point b

 

Text proposed by the Commission

Amendment

(b)  the applicant has not complied with national or international legislation on road transport, and in particular the conditions and requirements relating to authorisations for international road passenger services, or has committed serious infringements of Union road transport legislation in particular with regard to the rules applicable to vehicles and driving and rest periods for drivers;

(b)  the applicant has not complied with national or international legislation on road transport, and in particular the conditions and requirements relating to authorisations for international road passenger services, or has committed serious infringements of Union or national or, where appropriate, regional road transport legislation in particular with regard to the rules applicable to vehicle technical requirements and emissions standards as well as driving and rest periods for drivers;

Amendment    58

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EC) No 1073/2009

Article 8c – paragraph 2 – subparagraph 2 – point c a (new)

 

Text proposed by the Commission

Amendment

 

(c a)  the applicant has requested authorisation for a regular service to run on the same route or an alternative route, where a competent authority has granted a public service operator an exclusive right to provide certain public passenger transport services in return for the discharge of public service obligations within the framework of a public service contract in accordance with Article 3 of Regulation (EC) No 1370/2007 of the European Parliament and of the Council. This ground for rejection is without prejudice to Article 8d(1 a) of this Regulation;

Amendment    59

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EC) No 1073/2009

Article 8c – paragraph 2 – subparagraph 2 – point d

 

Text proposed by the Commission

Amendment

(d)  a regulatory body establishes on the basis of an objective economic analysis that the service would compromise the economic equilibrium of a public service contract.

(d)  a regulatory body establishes on the basis of an objective economic analysis that the service would compromise the economic equilibrium of a public service contract. That analysis shall assess the relevant structural and geographical characteristics of the market and the network concerned (size, demand characteristics, network complexity, technical and geographical isolation, and the services covered by the contract), and account shall also be taken of whether the new service brings better quality services or more value for money.

Amendment    60

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EC) No 1073/2009

Article 8c – paragraph 2 – subparagraph 3

 

Text proposed by the Commission

Amendment

Authorising authorities shall not reject an application solely on the grounds that the carrier offers lower prices than those offered by other road carriers or the fact that the link in question is already operated by other road carriers.

Authorising authorities shall not reject an application solely on the grounds that the carrier requesting authorisation offers lower prices than those offered by other road carriers unless the regulatory authority or other relevant national bodies establish that the applicant seeking to enter the market is planning to offer services below their normal value for an extended period of time, and that in doing so it is likely to undermine fair competition. Authorising authorities shall not reject an application solely due to the fact that the link in question is already operated by other road carriers.

Amendment    61

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EC) No 1073/2009

Article 8d – paragraph 1

 

Text proposed by the Commission

Amendment

1.  Member States may limit the right of access to the international and national market for regular services if the proposed regular service carries passengers over distances of less than 100 kilometres as the crow flies and if the service would compromise the economic equilibrium of a public service contract.

1.  Member States may limit the right of access to the international and national market for regular bus and coach services if the proposed regular service carries passengers up to 100 kilometres journey distance and if the service would compromise the economic equilibrium of a public service contract, or over any distance if it occurs in an urban or suburban centre or conurbation, or meets the transport needs between it and the surrounding areas, or that the applicant has not complied with road transport or other relevant provisions of national, Union or international law.

Amendment    62

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EC) No 1073/2009

Article 8d – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

1 a.  Where a competent authority has granted exclusive rights to an undertaking performing a public service in accordance with Article 3 of Regulation (EC) No 1370/2007, the protection of the exclusive rights shall only relate to the operation of public passenger transport services serving the same or alternative routes. That grant of exclusive rights shall not preclude the authorisation of new regular services where those services are not competing with the service provided in the public service contract, or operate on other routes.

Amendment    63

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EC) No 1073/2009

Article 8d – paragraph 2 – subparagraph 2

 

Text proposed by the Commission

Amendment

The regulatory body shall examine the request and decide whether to carry out the economic analysis. It shall inform the interested parties of its decision.

Where such a request has been received, the regulatory body shall examine the request and may decide whether to carry out the economic analysis in accordance with Article 8c(2)(d) unless there are exceptional practical or other reasons justifying a decision not to do so. It shall inform the interested parties of its decision.

Amendment    64

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EC) No 1073/2009

Article 8d – paragraph 3 – subparagraph 1

 

Text proposed by the Commission

Amendment

Where the regulatory body carries out an economic analysis, it shall inform all interested parties of the results of that analysis and its conclusions within six weeks following receipt of all relevant information. The regulatory body may conclude that the authorisation is to be granted, is to be granted subject to conditions or is to be rejected.

Where the regulatory body carries out an economic analysis, it shall inform all interested parties of the results of that analysis and its conclusions as soon as possible, and no later than 3 months following receipt of all relevant information. The regulatory body may conclude that the authorisation is to be granted, is to be granted subject to conditions or is to be rejected.

Amendment    65

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EC) No 1073/2009

Article 8 d – paragraph 5

 

Text proposed by the Commission

Amendment

5.  The Commission is empowered to adopt delegated acts in accordance with Article 26 establishing the procedure and criteria to be followed for the application of this Article.;

5.  The Commission is empowered to adopt delegated acts in accordance with Article 26 establishing the procedure and criteria to be followed for the application of this Article, in particular in carrying out the economic analysis.

Amendment    66

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EC) No 1073/2009

Article 8d – paragraph 5 a (new)

 

Text proposed by the Commission

Amendment

 

5 a.  Member States may further liberalise the authorisation system for national regular services with regard to authorisation procedures and kilometre thresholds.

Amendment    67

Proposal for a regulation

Article 1 – paragraph 1 – point 13 a (new)

Regulation (EC) No 1073/2009

Article 11 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

(13 a)  In Article 11, the following paragraph 3a is added:

 

"3a.   A Member State may decide to require a non-resident carrier to comply with the conditions relating to the requirement of establishment, as laid down in Regulation (EC) No 1071/2009 of the European Parliament and of the Council *, in the host Member State after authorisation for a national regular service has been granted to this carrier and before the carrier starts to operate the relevant service. Such decisions shall state the reasons on which they are based. The decision shall take into account the size and duration of the activity of the non-resident carrier in the host Member State. If the host Member State establishes that the non-resident carrier does not satisfy the requirement of establishment, it may withdraw the relevant authorisations granted to it for national regular services or suspend them until the requirement is met.”

 

__________________

 

* Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51)

(https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32009R1073&qid=1548063430167&from=EN)

Amendment    68

Proposal for a regulation

Article 1 – paragraph 1 – point 15

Regulation (EC) No 1073/2009

Article 13

 

Text proposed by the Commission

Amendment

(15)  Article 13 is deleted;

deleted

(The reference in the header relating to the amending act (¨Article 1 – paragraph 1 – point 15¨) corresponds to ¨Article 1 – paragraph 1 – point 14¨ of the Commission’s Proposal. This discrepancy is caused by the incorrect numbering (Article 1 – paragraph 1 – point 7 is duplicated) in the Commission’s proposal in all language versions except for the Greek one))

Justification

Reintroduction of the relevant article is necessary to ensure that local excursions are considered as one single international transport service and not as cabotage operations.

Amendment    69

Proposal for a regulation

Article 1 – paragraph 1 – point 16

Regulation (EC) No 1073/2009

Article 15 – paragraph 1 – point b

 

Text proposed by the Commission

Amendment

(b)  occasional services carried out on a temporary basis;

(b)  occasional services;

(The reference in the header relating to the amending act (¨Article 1 – paragraph 1 – point 16¨) corresponds to ¨Article 1 – paragraph 1 – point 15¨ of the Commission’s Proposal. This discrepancy is caused by the incorrect numbering (Article 1 – paragraph 1 – point 7 is duplicated) in the Commission’s proposal in all language versions except for the Greek one))

Amendment    70

Proposal for a regulation

Article 1 – paragraph 1 – point 16

Regulation (EC) No 1073/2009

Article 15 – paragraph 1 – point c

 

Text proposed by the Commission

Amendment

(c)  regular services performed in accordance with this Regulation.;

(c)  regular services performed in accordance with this Regulation by a carrier not resident in the host Member State, in the course of a regular international service in accordance with this Regulation, with the exception of transport services meeting the needs of an urban centre or conurbation, or transport needs between it and the surrounding areas. Cabotage operations shall not be carried out independently of that international service.

Amendment    71

Proposal for a regulation

Article 1 – paragraph 1 – point 16

Regulation (EC) No 1073/2009

Article 15 – paragraph 1 – point c a (new)

 

Text proposed by the Commission

Amendment

 

(c a)  regular services performed by a carrier not resident in the host Member State, in the course of a regular national service in accordance with this Regulation.

Amendment    72

Proposal for a regulation

Article 1 – paragraph 1 – point 16 a (new)

Regulation (EC) No 1073/2009

Article 16 – paragraph 1 – introductory part

 

Present text

Amendment

 

(16a)  in Article 16(1), the introductory part is replaced by the following:

1.  The performance of the cabotage operations shall be subject, save as otherwise provided in Community legislation, to the laws, regulations and administrative provisions in force in the host Member State with regard to the following:

"1.  The performance of the cabotage operations shall be subject, save as otherwise provided in Community legislation, to Directive 96/71/EC of the European Parliament and of the Council* and the laws, regulations and administrative provisions in force in the host Member State with regard to the following:

 

__________________

 

* Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1)

(https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:300:0088:0105:EN:PDF)

Amendment    73

Proposal for a regulation

Article 1 – paragraph 1 – point 17

Regulation (EC) No 1073/2009

Article 17

 

Text proposed by the Commission

Amendment

(17)  Article 17 is deleted;

deleted

Amendment    74

Proposal for a regulation

Article 1 – paragraph 1 – point 17 a (new)

Regulation (EC) No 1073/2009

Article 17

 

Present text

Amendment

 

(17a)  Article 17 is replaced by the following:

“Article 17

“Article 17

Control documents for cabotage operations

 

Control documents for cabotage operations

1.  Cabotage operations in the form of occasional services shall be carried out under cover of a journey form as referred to in Article 12 which shall be kept on board the vehicle and be presented at the request of any authorised inspecting officer.

1.   Cabotage operations in the form of occasional services shall be carried out under cover of a journey form, on paper or in digital format, which shall be presented at the request of any authorised inspector.

2.  The following information shall be entered in the journey form:

2.   The following information shall be entered in the journey form:

(a)  the points of departure and arrival of the service;

(a)   the points of departure and arrival of the service;

(b)  the date of departure and the date on which the service ends.

(b)   the date of departure and the date on which the service ends.

3.   The journey forms shall be supplied in books as referred to in Article 12 certified by the competent authority or body in the Member State of establishment.

 

4.   In the case of special regular services, the contract concluded between the carrier and the transport organiser, or a certified true copy thereof, shall serve as the control document.

4.   In the case of special regular services, the contract concluded between the carrier and the transport organiser, or a certified true copy thereof, shall serve as the control document. However, a journey form shall be filled out in the form of a monthly statement.

However, a journey form shall be filled out in the form of a monthly statement

 

5.  The journey forms used shall be returned to the competent authority or body in the Member State of establishment in accordance with procedures to be laid down by that authority or body.

5. During checks, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may provide the requested documents."

Amendment    75

Proposal for a regulation

Article 1 – paragraph 1 – point 21

Regulation (EC) No 1073/2009

Article 28 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  Each year, by 31 January at the latest, and for the first time by 31 January […the first January following the entry into force of this Regulation] Member States shall communicate to the Commission the number of authorisations for regular services issued the previous year and the total number of authorisations for regular services valid on 31 December of that year. That information shall be given separately for each Member State of destination of the regular service. Member States shall also communicate to the Commission the data concerning cabotage operations, in the form of special regular services and occasional services, carried out during the previous year by resident carriers.

1.  Each year, by 31 January at the latest, and for the first time by 31 January […the first January following the entry into force of this Regulation] the competent authorities of the Member States shall communicate to the Commission the number of authorisations for regular services issued the previous year and the total number of authorisations for regular services valid on 31 December of that year. That information shall be given separately for each Member State of destination of the regular service. Member States shall also communicate to the Commission the data concerning cabotage operations, in the form of special regular services and occasional services, carried out during the previous year by resident carriers.

Amendment    76

Proposal for a regulation

Article 1 – paragraph 1 – point 21

Regulation (EC) No 1073/2009

Article 28 – paragraph 5

 

Text proposed by the Commission

Amendment

5.  By [please insert the date calculated 5 years after date of application of this Regulation], the Commission shall submit a report to the European Parliament and the Council on the application of this Regulation. The report shall include information on the extent to which this Regulation has contributed to a better functioning road passenger transport market.

5.  By … [5 years after the date of application of this Regulation], the Commission shall submit a report to the European Parliament and the Council on the application of this Regulation. The report shall include information on the extent to which this Regulation has contributed to a better functioning road passenger transport system, in particular for passengers, the bus and coach workforce and the environment."

(1)

  OJ C 262, 25.7.2018, p. 47


EXPLANATORY STATEMENT

Busses and coaches are one of the most accessible and most important modes of transport in the EU. They connect rural and urban areas of the Member States, often being the only means of public transportation available in certain regions. It is therefore vital that passengers receive the best service possible. Fair and healthy competition is the best way to achieve that.

Your Rapporteur welcomes the Commission’s proposal for amending the relevant regulation which seeks to open the business for non-resident carriers that are currently prevented from entering a national market to offer inter-urban coach services. As such, a carrier from a country A should be able to freely offer national services from point X to point Y in a country B. Discrimination on grounds of nationality or place of establishment cannot be permitted in the single market.

With the below amendments, Your Rapporteur has kept the spirit of the proposal — further liberalisation of the bus and coach markets — in place. At the same time, Your Rapporteur takes into account the fact that the situation in the bus market varies from one country to another and has also been careful not to undermine the well-functioning systems of certain Member States.

Protection of public service contracts and urban areas

Public service contracts (PSCs) serve a specific and an invaluable purpose. Proper protection of such contracts is necessary to ensure that opening up of the bus and coach market does not result in fewer services for the relevant regions and just cherry picking of the profitable routes by the new entrants in the market. For that reason Your Rapporteur has introduced a new clause whereby authorisation for a new service can effectively be denied even over the Commission’s proposed 100 km ceiling if the relevant service undermines an existing PSC that has been tendered in a transparent way without possibility of extension, bundles together profitable and unprofitable routes and receives no significant public subsidies that risk undermining the level playing field.

Moreover, authorisation for an existing service can even be suspended or withdrawn if a regulatory body establishes on the basis of an objective economic analysis that the service has compromised the economic equilibrium of an existing public service contract. Your Rapporteur is hopeful that these measures are sufficient and proportionate to make sure that PSCs are adequately protected while the market is opened for competition.

To further alleviate the concerns, Your Rapporteur has introduced an additional provision whereby Member States may limit the right of access to a national regular service if, among other things, it comes into contact with an urban or suburban centre or if the proposed service is performing the same public passenger transport service on a particular route or network where a competent authority has granted a public service operator an exclusive right in return for the discharge of public service obligations within the framework of a PSC.

Ensuring fair competition and guarding against the abuse of market power

In addition to protecting the PSCs, Your Rapporteur seeks to prevent situations whereby opening up of the relevant market leads to other unwanted outcomes. The proposed regulatory body should ensure there is a level playing field and fair competition amongst the carriers. That includes prevention of the abuse of significant market power or monopoly position, including through sub-contracting, or establishment of such market conditions. Moreover, authorising authorities would be permitted to reject an application if the regulatory authority establishes that the applicant seeking to enter the market is planning to offer services below their normal value for an extended period of time, thus undermining fair competition.

Establishment requirement and the possibility for a more liberal regime

To prevent the abuse of the spirit of the proposal and to accommodate the more stringent requirements of some Member States, Your Rapporteur has also introduced a possibility for Member States to require the establishment of the carrier in the host Member State after authorisation for a national regular service has been granted.

At the same time, Your Rapporteur has clarified that those Member States that already have a more liberal regime in place are allowed to keep it. Equally, Member States that want to open up the market beyond the requirements set out in this proposal, shall be permitted to do so.

Ensuring a level playing field

With other minor, yet some very necessary amendments Your Rapporteur has strived to further improve and clarify the spirit of the proposal. For instance, to ensure that private ownership is protected, Member States may exclude terminals that are owned and used solely by the terminal operator for its own road passenger transport services.

Your Rapporteur is therefore confident that the amended proposal has addressed the concerns not only of those seeking more protection, especially for the PSCs, but also those who are seeking a more liberal approach. The amended proposal strives to find the right balance between the interests of the passengers, transport companies as well as local, regional and national authorities. Your Rapporteur is optimistic that this proposal helps to move closer towards a truly single and fair bus and coach market in the European Union.


PROCEDURE – COMMITTEE RESPONSIBLE

Title

Common rules for access to the international market for coach and bus services

References

COM(2017)0647 – C8-0396/2017 – 2017/0288(COD)

Date submitted to Parliament

8.11.2017

 

 

 

Committee responsible

       Date announced in plenary

TRAN

29.11.2017

 

 

 

Committees asked for opinions

       Date announced in plenary

EMPL

29.11.2017

 

 

 

Not delivering opinions

       Date of decision

EMPL

7.12.2017

 

 

 

Rapporteurs

       Date appointed

Roberts Zīle

16.1.2018

 

 

 

Discussed in committee

1.2.2018

10.7.2018

5.11.2018

 

Date adopted

22.1.2019

 

 

 

Result of final vote

+:

–:

0:

26

14

1

Members present for the final vote

Daniela Aiuto, Lucy Anderson, Inés Ayala Sender, Georges Bach, Izaskun Bilbao Barandica, Deirdre Clune, Michael Cramer, Luis de Grandes Pascual, Andor Deli, Isabella De Monte, Ismail Ertug, Jacqueline Foster, Dieter-Lebrecht Koch, Innocenzo Leontini, Bogusław Liberadzki, Peter Lundgren, Elżbieta Katarzyna Łukacijewska, Marian-Jean Marinescu, Georg Mayer, Gesine Meissner, Gabriele Preuß, Christine Revault d’Allonnes Bonnefoy, Dominique Riquet, Massimiliano Salini, Claudia Țapardel, Keith Taylor, Pavel Telička, Marita Ulvskog, Wim van de Camp, Marie-Pierre Vieu, Janusz Zemke, Roberts Zīle, Kosma Złotowski

Substitutes present for the final vote

Jakop Dalunde, Markus Ferber, Maria Grapini, Karoline Graswander-Hainz, Peter Kouroumbashev, João Pimenta Lopes

Substitutes under Rule 200(2) present for the final vote

Christelle Lechevalier, Francisco José Millán Mon

Date tabled

28.1.2019


FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

26

+

ALDE

Izaskun Bilbao Barandica, Gesine Meissner, Dominique Riquet, Pavel Telička

ECR

Jacqueline Foster, Innocenzo Leontini, Peter Lundgren, Roberts Zīle, Kosma Złotowski

PPE

Georges Bach, Wim van de Camp, Deirdre Clune, Andor Deli, Markus Ferber, Luis de Grandes Pascual, Dieter-Lebrecht Koch, Elżbieta Katarzyna Łukacijewska, Marian-Jean Marinescu, Francisco José Millán Mon, Massimiliano Salini

S&D

Inés Ayala Sender, Maria Grapini, Peter Kouroumbashev, Bogusław Liberadzki, Claudia Țapardel, Janusz Zemke

14

-

EFDD

Daniela Aiuto

ENF

Christelle Lechevalier, Georg Mayer

GUE/NGL

João Pimenta Lopes, Marie-Pierre Vieu

S&D

Lucy Anderson, Isabella De Monte, Ismail Ertug, Karoline Graswander-Hainz, Gabriele Preuß, Marita Ulvskog

VERTS/ALE

Michael Cramer, Jakop Dalunde, Keith Taylor

1

0

S&D

Christine Revault d'Allonnes Bonnefoy

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention

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