Changes from plenary report to adopted text

Added(ca) create a publicly accessible electronic register, listing all authorised national and international regular services. [Am. 24]

RemovedArticle 1 – paragraph 1 – point 6, Article 5a – paragraph 3 – subparagraph 1 – introductory part: Terminal operators shall publish at least the following information in the respective national languages and one other official language of the Union:

Added4. The regulatory body may, in exercising its tasks, request relevant information from the other competent authorities, terminal operators, applicants for authorisation and any third party involved within the territory of the Member State concerned. [Am. 25]

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AddedInformation requested shall be supplied within a reasonable period set by the regulatory body, and not exceeding 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. [Am. 26]

RemovedArticle 1 – paragraph 1 – point 6, Article 5a – paragraph 3 – subparagraph 1 – point a a (new): (aa) a list of all existing infrastructure and technical specifications of the terminal;

Added5. 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. [Am. 27]

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Added6. Decisions taken by the regulatory body shall be made public within two weeks of their adoption.”; [Am. 28]

RemovedArticle 1 – paragraph 1 – point 6, Article 5a – paragraph 3 a (new): 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.”;

Added(4) Article 4 is amended as follows:

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Added(a) paragraph 1 is replaced with the following:

RemovedArticle 1 – paragraph 1 – point 7, Article 5b – paragraph 2: deleted

Added“1. International carriage of passengers and cabotage operations by coach and bus shall be carried out subject to possession of a Community licence issued by the competent authorities of the Member State of establishment.”;

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Added(b) in paragraph 2, the third subparagraph is replaced by the following:

RemovedArticle 1 – paragraph 1 – point 7, Article 5b – paragraph 3: 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.

Added“The Commission is empowered to adopt delegated acts in accordance with Article 26 amending Annexes I and II in order to adapt them to technical progress.”;

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Added(5) Article 5 is amended as follows:

RemovedArticle 1 – paragraph 1 – point 7, Article 5b – paragraph 5 – subparagraph 2: 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.

Added(a) in paragraph 3, the fifth subparagraph is deleted;

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Added(b) in paragraph 5, the third subparagraph is replaced by the following:

RemovedArticle 1 – paragraph 1 – point 10, Article 8 – title: Procedures for authorisation, suspension and withdrawal of authorisation for the international carriage of passengers over a distance of up to 100 kilometres journey distance

Added“The Commission is empowered to adopt delegated acts in accordance with Article 26 establishing the format of the certificates.”;

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Added(6) the following Article is inserted:

RemovedArticle 1 – paragraph 1 – point 10, Article 8 – paragraph 1: 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.

Added“Article 5a Access to terminals

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Added1. Terminal operators shall grant carriers the right to access terminals for the purpose of operating regular services including any facilities or services provided in that terminal under fair, equitable, non-discriminatory and transparent conditions.

RemovedArticle 1 – paragraph 1 – point 10, Article 8 – paragraph 2 – subparagraph 1: 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.

Added1a. Where terminal operators grant access, bus and coach operators shall comply with the terminal’s existing terms and conditions. [Am. 29]

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Added2. Terminal operators shall endeavour to accommodate all requests for access in order to ensure optimum use of terminals.

RemovedArticle 1 – paragraph 1 – point 10, Article 8 – paragraph 3: 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.

AddedRequests for access to terminals may be refused only on the 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. [Am. 30]

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AddedWhere a terminal operator refuses a request for access, it shall is encouraged to indicate any best viable alternatives of which it is aware. [Am. 31]

RemovedArticle 1 – paragraph 1 – point 10, Article 8 – paragraph 4: 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).

Added3. Terminal operators shall publish at least the following information in two or more official the respective national languages and one other official language of the Union: [Am. 32]

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Added(a) a list of all services provided, and the prices for those services;

RemovedArticle 1 – paragraph 1 – point 10, Article 8 – paragraph 4 a (new): 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.

Added(aa) a list of all existing infrastructure and technical specifications of the terminal; [Am. 33]

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Added(b) the rules for scheduling the allocation of capacity;

RemovedArticle 1 – paragraph 1 – point 10, Article 8 – paragraph 6: 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.

Added(c) the current timetable and capacity allocation.

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AddedThat information shall be made available free of charge in electronic format by the terminal operator and the regulatory body on request, and where they have websites, on those websites.

RemovedArticle 1 – paragraph 1 – point 11, Article 8a – title: Procedures for authorisation, suspension and withdrawal of authorisation for the international carriage of passengers over a distance of over 100 kilometres journey distance

AddedThe information shall be kept up to date and amended as necessary.”;

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Added3a. 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.”; [Am. 34]

RemovedArticle 1 – paragraph 1 – point 11, Article 8a – paragraph 1: 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.

Added(7) the following Article is inserted:

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