Changes from plenary report to adopted text

RemovedRegulation (EC) No 1073/2009

Added(12) In view of the importance of effective enforcement of Regulation (EC) No 1073/2009, the rules on inspections at the roadside and in undertakings should be amended to include cabotage operations.

RemovedArticle 1 – paragraph 1 – point 2 – point c, Article 2 – paragraph 1 – point 11 b (new): 11b. ‘alternative route’ means a route between the same starting point and destination taken by an existing regular service that can be used instead.

Added(13) Insofar as this Regulation harmonises the rules in national markets for regular coach and bus services and access to terminals, its objectives, namely the promotion of inter-urban mobility and the increase of the modal share of sustainable passenger transport modes, cannot be sufficiently achieved by the Member States. Therefore, the Union may adopt measures, in line with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve the objectives pursued.

RemovedRegulation (EC) No 1073/2009

Added(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-Making . 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. [Am. 11]

RemovedArticle 1 – paragraph 1 – point 3, Article 3a – paragraph 1 – subparagraph 1: 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.

Added(15) Regulation (EC) No 1073/2009 should therefore be amended accordingly,

RemovedRegulation (EC) No 1073/2009

AddedHAVE ADOPTED THIS REGULATION:

RemovedArticle 1 – paragraph 1 – point 3, Article 3a – paragraph 1 – subparagraph 2: The regulatory body may be an existing body which is responsible for other regulated services.

AddedArticle 1

Change 4

ChangedRegulation (EC) No 1073/2009 is amended as follows:

Change 5

RemovedArticle 1 – paragraph 1 – point 3, Article 3a – paragraph 2: 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.

Added(1) in Article 1, paragraph 4 is replaced by the following:

RemovedRegulation (EC) No 1073/2009

Added“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.”; [Am. 12]

RemovedArticle 1 – paragraph 1 – point 3, Article 3a – paragraph 2 a (new): 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.

Added(2) Article 2 is amended as follows:

RemovedRegulation (EC) No 1073/2009

Added(a) point 2 is replaced by the following:

RemovedArticle 1 – paragraph 1 – point 3, Article 3a – paragraph 3 – point b: (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;

Added“2. ‘regular services’ means services which provide for the carriage of passengers at specified intervals along specified routes, either without intermediate stopping points or with passengers being picked up and set down at predetermined stopping points;”;

RemovedRegulation (EC) No 1073/2009

Added(b) point 7 is replaced by the following:

RemovedArticle 1 – paragraph 1 – point 3, Article 3a – paragraph 3 – point c: (c) decide on appeals against decisions of terminal operators; and

Added“7. ‘cabotage operation’ means a national road passenger transport service operated for hire or reward in a host Member State;”; [Am. 83]

RemovedRegulation (EC) No 1073/2009

Added(c) the following points 9 to 11b are added:

RemovedArticle 1 – paragraph 1 – point 3, Article 3a – paragraph 3 – point c a (new): (c a) create a publicly accessible electronic register, listing all authorised national and international regular services.

Added“9. ‘terminal’ means any an authorised 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 alighting or boarding of passengers; [Am. 13]

RemovedRegulation (EC) No 1073/2009

Added10. ‘terminal operator’ means any entity in a Member State responsible for the management of a terminal, which meets professional competence and financial capacity requirements; [Am. 14]

RemovedArticle 1 – paragraph 1 – point 3, Article 3a – paragraph 4 – subparagraph 1: 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.

Added11. ‘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; [Am. 15]

RemovedRegulation (EC) No 1073/2009

Added11a. ‘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; [Am. 16]

RemovedArticle 1 – paragraph 1 – point 3, Article 3a – paragraph 4 – subparagraph 2: 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.

Added11b. ‘alternative route’ means a route between the same starting point and destination taken by an existing regular service that can be used instead.ˮ; [Am. 17]

RemovedRegulation (EC) No 1073/2009

Added(3) the following Article is inserted before Chapter II:

RemovedArticle 1 – paragraph 1 – point 3, Article 3a – paragraph 5: 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.

Added“Article 3a Regulatory body

RemovedRegulation (EC) No 1073/2009

Added1. Each The competent authorities in each Member State shall designate a single 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. [Am. 18]

RemovedArticle 1 – paragraph 1 – point 3, Article 3a – paragraph 6: 6. Decisions taken by the regulatory body shall be made public within two weeks of their adoption;

AddedThe regulatory body may be an existing body which is responsible for other regulated sectors services. [Am. 19]

RemovedRegulation (EC) No 1073/2009

Added2. 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. [Am. 20]

RemovedArticle 1 – paragraph 1 – point 6, Article 5a – paragraph 1 a (new): 1 a. Where terminal operators grant access, bus and coach operators shall comply with the terminal’s existing terms and conditions.

Added2a. 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. [Am. 21]

RemovedRegulation (EC) No 1073/2009

Added3. The regulatory body shall perform the following tasks:

RemovedArticle 1 – paragraph 1 – point 6, Article 5a – paragraph 2 – subparagraph 2: 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.

Added(a) carry out economic analyses of whether a proposed new service would compromise the economic equilibrium of a public service contract;

RemovedRegulation (EC) No 1073/2009

Added(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; and [Am. 22]

RemovedArticle 1 – paragraph 1 – point 6, Article 5a – paragraph 2 – subparagraph 3: Where a terminal operator refuses a request for access, it is encouraged to indicate best viable alternatives of which it is aware.

Added(c) decide on appeals against decisions of terminal operators.; and [Am. 23]

RemovedRegulation (EC) No 1073/2009