Changes from plenary report to adopted text

Added“Article 5b Procedure for granting access to terminals

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

Added1. A carrier seeking access to a terminal shall submit an application to the terminal operator.

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Added2. 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. [Am. 35]

RemovedArticle 1 – paragraph 1 – point 11, Article 8a – paragraph 3: 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.

Added3. The terminal operator shall take a decision on any application for access to a terminal within two months without delay and no later than one month of the date of submission of the application by the carrier. Decisions on Where access is refused, the terminal operator shall state the reasons on which they are based justify its decision. [Am. 36]

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Added4. Applicants may appeal against decisions by terminal operators. Appeals shall be lodged with the regulatory body.

RemovedArticle 1 – paragraph 1 – point 11, Article 8a – paragraph 3 a (new): 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.

Added5. Where the regulatory body hears an appeal against a decision by a terminal operator, it shall adopt a reasoned decision within a fixed timeframe and, in any case within three weeks from receipt of all relevant information.

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AddedThe 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. [Am. 37]

RemovedArticle 1 – paragraph 1 – point 11, Article 8a – paragraph 3 b (new): 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.

AddedThe decision shall be subject to judicial review only.";

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Added(8) Article 6 is amended as follows:

RemovedArticle 1 – paragraph 1 – point 11, Article 8a – paragraph 3 c (new): 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.

Added(a) in paragraph 1, the first sentence of the first subparagraph is replaced by the following:

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Added“Authorisations shall be issued in the name of the carrier, in paper or electronic format and shall be non-transferable.”;

RemovedArticle 1 – paragraph 1 – point 11, Article 8b – paragraph 1: 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).

Added(b) paragraph 4 is replaced by the following:

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Added“4. The Commission is empowered to adopt delegated acts in accordance with Article 26 establishing the format of the authorisations.”;

RemovedArticle 1 – paragraph 1 – point 11, Article 8b – paragraph 2: 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).

Added(9) Article 7 is amended as follows:

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Added(a) paragraphs 1 and 2 are replaced by the following:

RemovedArticle 1 – paragraph 1 – point 11, Article 8b – paragraph 3: deleted

Added“1. Applications for authorisation of regular services shall be submitted to the authorising authority in paper or electronic format.

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Added2. The Commission is empowered to adopt delegated acts in accordance with Article 26 establishing the format of the applications.”;

RemovedArticle 1 – paragraph 1 – point 11, Article 8c – paragraph 2 – subparagraph 1: 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.

Added(10) Article 8 is replaced by the following:

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Added“Article 8 Procedures for authorisation, procedure suspension and withdrawal of authorisation for the international carriage of passengers over a distance of less than up to 100 kilometres as the crow flies journey distance [Am. 38]

RemovedArticle 1 – paragraph 1 – point 11, Article 8c – paragraph 2 – subparagraph 2 – introductory part: The application for authorisation maybe rejected only on one or more of the following grounds:

Added1. 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 defined by each Member State, up to 100 kilometres as the crow flies 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. [Am. 39]

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Added2. The competent authorities of the Member States whose agreement has been requested shall notify the authorising authority of their decision within three 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. [Am. 40]

RemovedArticle 1 – paragraph 1 – point 11, Article 8c – paragraph 2 – subparagraph 2 – point b: (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;

AddedIf the competent authorities of the Member States whose agreement has been requested do not reply within the time limit laid down in the first subparagraph, they shall be deemed to have given their agreement.

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Added3. The authorising authority shall take a decision on the application within four three months of the date of submission of the application by the carrier. [Am. 41]

RemovedArticle 1 – paragraph 1 – point 11, Article 8c – paragraph 2 – subparagraph 2 – point c a (new): (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;

Added4. 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). [Am. 42]

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Added4a. 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. [Am. 43]

RemovedArticle 1 – paragraph 1 – point 11, Article 8c – paragraph 2 – subparagraph 2 – point d: (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.

Added5. If one of the competent authorities does not agree to the authorisation, the matter may be referred to the Commission within two months following receipt of its reply.

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Added6. After having consulted the Member States of the competent authorities which disagreed, the Commission shall, within four 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. [Am. 44]

RemovedArticle 1 – paragraph 1 – point 11, Article 8c – paragraph 2 – subparagraph 3: 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.

Added7. 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.”;

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Added(11) the following Articles are inserted:

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

Added“Article 8a Authorisation procedure Procedures for authorisation, suspension and withdrawal of authorisation for the international carriage of passengers over a distance of over 100 kilometres or more as the crow flies journey distance [Am. 45]

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