Changes from plenary report to adopted text

RemovedEXPLANATORY STATEMENT

Added(13a) in Article 11, the following paragraph is added:

RemovedBusses 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.

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.

RemovedYour 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.

Added______________________

RemovedWith 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.

Added* 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).”; [Am. 67]

RemovedProtection of public service contracts and urban areas

Added(14) in Article 12, paragraphs 1 to 5 are deleted;

RemovedPublic 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.

Added(15) Article 13 is deleted; [Am. 68]

RemovedMoreover, 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.

Added(16) Article 15 is replaced by the following:

RemovedTo 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.

Added“Article 15 Authorised cabotage operations

RemovedEnsuring fair competition and guarding against the abuse of market power

AddedCabotage operations shall be authorised for the following services:

RemovedIn 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.

Added(a) special regular services carried out on a temporary basis provided that they are covered by a contract concluded between the organiser and the carrier;

RemovedEstablishment requirement and the possibility for a more liberal regime

Added(b) occasional services carried out on a temporary basis; [Am. 69]

RemovedTo 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.

Added(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.”; [Am. 70]

RemovedAt 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.

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

RemovedEnsuring a level playing field

Added"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:

RemovedWith 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.

Added______________

RemovedYour 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.

Added* 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).”; [Am. 72]

Added(17) Article 17 is deleted; [Am. 73]

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

Added“Article 17 Control documents for cabotage operations

Added1. Cabotage operations in the form of occasional services shall be carried out under cover of a journey form as referred to in Article 12 on paper or in digital format which shall be kept on board the vehicle and be presented at the request of any authorised inspecting officer inspector.

Added2. The following information shall be entered in the journey form:

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

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

Added3. 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.

Added4. 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.

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

Added5. 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. 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."; [Am. 74]

Added(18) in Article 19(2), the first sentence is replaced by the following:

Added“2. Carriers operating cabotage or international carriage of passengers by coach and bus shall allow all inspections intended to ensure that operations are being conducted correctly, in particular as regards driving and rest periods.”;

Added(19) Article 20 is replaced by the following:

Added“Article 20 Mutual assistance

Added1. Member States shall assist one another in ensuring the application and monitoring of this Regulation. They shall exchange information via the national contact points established pursuant to Article 18 of Regulation (EC) No 1071/2009.

Added2. The regulatory bodies shall cooperate when carrying out economic analyses of whether proposed regular services would compromise a public service contract for the international operation of public transport services. The authorising authority shall consult the regulatory bodies of all other Member States through which the international regular service concerned runs and, where appropriate, shall request all necessary information from them before taking its decision.”;

Added(20) Article 26 is replaced by the following:

Added“Article 26 Exercise of the delegation

Added1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

Added2. The power to adopt delegated acts referred to in Articles 4(2), 5(5), 6(4), 7(2), 8d(5) and 28(3) shall be conferred on the Commission for an indeterminate period of time from ... [date of entry into force of this Regulation].

Added3. The delegation of power referred to in Articles 4(2), 5(5), 6(4), 7(2), 8d(5) and 28(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Added4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

Added5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

Added6. A delegated act adopted pursuant to Articles 4(2), 5(5), 6(4), 7(2), 8d(5) and 28(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.”;

Added(21) Article 28 is replaced by the following:

Added“Article 28 Reporting

Added1. 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. [Am. 75]