Text · Report parliamentary committee draft
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
Document TRAN-PR-623746 · COM(2017)0647 – C80396/2017 – 2017/0288(COD)
- Kind
- Report parliamentary committee draft TRAN-PR-623746
- Date
- 15 June 2018
- Committee
- Committee on Transport and Tourism
- Rapporteur
- Roberts Zīle
- Dossier
- 2017-0288
More facts (2)
- Formats
- Official page PDF Word
- Reference
- COM(2017)0647 – C80396/2017 – 2017/0288(COD)
In short
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The Committee on Transport and Tourism's draft report sets out Parliament's first-reading amendments to the Commission proposal amending Regulation (EC) No 1073/2009 on access to the international coach and bus market. It keeps the proposal's aim of opening national markets to non-resident carriers, while adding protection for public service contracts and urban services. It gives regulatory bodies powers to monitor competition and to reject applications that undermine fair competition or public service contracts. It sets rules on terminal access, authorisation deadlines, and lets member states require establishment or further liberalise their markets.
Position. The rapporteur keeps the proposal's aim of liberalising coach and bus markets but adds protection for public service contracts and urban services, competition safeguards, terminal access rules and flexibility for member states on establishment and further liberalisation.
Key points
- Deletes the Commission's recital on local excursions, so the article on local excursions stays in the regulation.
- Defines a 'terminal' as an authorised facility of at least 600m2 providing a parking place for setting down or picking up passengers.
- Gives the regulatory body power to monitor competition in the domestic regular road passenger market, including through sub-contracting, to prevent discrimination or abuse of a dominant position.
- Requires the regulatory body to collect and provide information on terminal access under fair, equitable, non-discriminatory and transparent conditions.
- Sets information deadlines: no later than one month, extendable by a maximum of two weeks, with penalties for enforcement; decisions must be public without undue delay and subject to prompt judicial review.
- Allows terminal access requests to be refused only for lack of capacity, requires the operator to inform the regulatory authority and to indicate alternatives or assist the applicant, and lets member states exclude terminals used solely by the operator.
- Requires terminal operators to consult relevant carriers and decide on access applications without delay and no later than two months, justifying refusals.
- Sets authorisation procedures for services under 100 km and of 100 km or more, with decisions no later than two months, extendable to four months where an analysis is requested.
- Lets member states suspend or withdraw an authorisation, with Commission agreement and six months' notice, if a service compromises a public service contract for unforeseen exceptional reasons; the carrier may appeal.
- Allows rejection of an application where a regulatory body finds the new service would compromise an existing or planned public service contract meeting conditions on bundled routes, no significant distorting subsidies, and transparent tendering for up to 10 years.
- Bars rejection solely because the carrier offers lower prices or because the link is already operated, unless the applicant plans below-normal-value services likely to undermine fair competition.
- Lets member states limit market access for services meeting urban, exclusive-right or under-100 km economic-equilibrium criteria, and allows further liberalisation and establishment requirements for non-resident carriers.
Who is affected
- Coach and bus carriers: face new authorisation procedures, deadlines and competition rules for national and international services.
- Terminal operators: must decide on access requests within two months, justify refusals and inform the regulatory authority.
- Member states: may limit access, require establishment, exclude certain terminals and further liberalise their markets.
- Regulatory bodies: gain powers to monitor competition, request information and carry out economic analyses.
Figures and deadlines
- 600m2: minimum area of a terminal.
- one month: deadline for supplying requested information, extendable by a maximum of two weeks.
- two months: deadline for terminal operators to decide on access applications.
- 100 kilometres as the crow flies: distance threshold for authorisation procedures.
- six months: notice to the carrier before suspending or withdrawing an authorisation.
- four months: deadline for the Commission to decide after consulting disagreeing member states.
- 30 days: period after notification before the Commission's decision takes effect.
- 10 years: maximum period for a competitively tendered public service contract under the new rejection ground.
Legal basis. Article 294(2) and Article 91(1) of the Treaty on the Functioning of the European Union.
Text
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Jump to an amendment (36)
- Amendment 1
- Amendment 2
- Amendment 3
- Amendment 4
- Amendment 5
- Amendment 6
- Amendment 7
- Amendment 8
- Amendment 9
- Amendment 10
- Amendment 11
- Amendment 12
- Amendment 13
- Amendment 14
- Amendment 15
- Amendment 16
- Amendment 17
- Amendment 18
- Amendment 19
- Amendment 20
- Amendment 21
- Amendment 22
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- Amendment 26
- Amendment 27
- Amendment 28
- Amendment 29
- Amendment 30
- Amendment 31
- Amendment 32
- Amendment 33
- Amendment 34
- Amendment 35
- Amendment 36
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
– 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 (C80396/2017),
– 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,
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.
| 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 |
| 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 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; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b 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; |
| 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; and |
| 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 and no later than 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. |
| 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. |
| 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 without undue delay.; |
| 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 the grounds of lack of capacity. If a request is refused, the terminal operator shall also communicate its decision to the regulatory authority. |
| 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 shall indicate any viable alternatives and, where no such alternatives are available, seek to assist the applicant as well as inform the regulatory authority of the situation. |
| 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. |
| 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. | 2. If access cannot be granted as requested in the application, the terminal operator shall initiate consultations with all relevant carriers with a view to accommodating the application. |
| 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 two months of the date of submission of the application by the carrier. Where access is refused, the terminal operator shall justify its decision. |
If access is granted, there is no need for the terminal operator to be asked to justify its decision.
| 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, and suspension and withdrawal of authorisation for the international carriage of passengers over a distance of up to 100 kilometres as the crow flies |
(The reference in the header relating to the amending act (¨Article 1 – paragraph 1 – point 10¨) corresponds to ¨Article 1 – paragraph 1 – point 9¨ 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))
| 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 of up to 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. |
(The reference in the header relating to the amending act (¨Article 1 – paragraph 1 – point 10¨) corresponds to ¨Article 1 – paragraph 1 – point 9¨ 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))
| 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 grounds listed in points (a), (b) (c) and (d) of Article 8c(2). |
(The reference in the header relating to the amending act (¨Article 1 – paragraph 1 – point 10¨) corresponds to ¨Article 1 – paragraph 1 – point 9¨ 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))
| 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, 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. |
(The reference in the header relating to the amending act (¨Article 1 – paragraph 1 – point 10¨) corresponds to ¨Article 1 – paragraph 1 – point 9¨ 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))
| 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 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. |
(The reference in the header relating to the amending act (¨Article 1 – paragraph 1 – point 10¨) corresponds to ¨Article 1 – paragraph 1 – point 9¨ 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))
| 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, and suspension and withdrawal of authorisation for the international carriage of passengers over a distance of 100 kilometres or more as the crow flies |
(The reference in the header relating to the amending act (¨Article 1 – paragraph 1 – point 11¨) corresponds to ¨Article 1 – paragraph 1 – point 10¨ 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))
| 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. |
(The reference in the header relating to the amending act (¨Article 1 – paragraph 1 – point 11¨) corresponds to ¨Article 1 – paragraph 1 – point 10¨ 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))
| 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 (c a) of Article 8c(2). |
(The reference in the header relating to the amending act (¨Article 1 – paragraph 1 – point 11¨) corresponds to ¨Article 1 – paragraph 1 – point 10¨ 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))
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. In the event that an international regular bus and coach service has compromised the economic equilibrium of a public service contract as defined in point (c a) of Article 8c(2), due to exceptional circumstances which could not have been foreseen at the time of granting the authorisation, 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 service provider shall have the possibility to appeal the decision. |
(The reference in the header relating to the amending act (¨Article 1 – paragraph 1 – point 11¨) corresponds to ¨Article 1 – paragraph 1 – point 10¨ 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))
| 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 four months where an analysis is requested in accordance with points (c a) and (d) of Article 8c(2). |
(The reference in the header relating to the amending act (¨Article 1 – paragraph 1 – point 11¨) corresponds to ¨Article 1 – paragraph 1 – point 10¨ 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))
| 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 (c a) of Article 8c(2) and, if the service is carrying passengers over a distance of up to, but no more than 100 kilometres as the crow flies, Article 8c(2)(d). |
(The reference in the header relating to the amending act (¨Article 1 – paragraph 1 – point 11¨) corresponds to ¨Article 1 – paragraph 1 – point 10¨ 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))
| 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. The applicant or the carrier operating the service concerned shall have the possibility to appeal the decisions of the authorising authority. |
(The reference in the header relating to the amending act (¨Article 1 – paragraph 1 – point 11¨) corresponds to ¨Article 1 – paragraph 1 – point 10¨ 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))
| Text proposed by the Commission | Amendment |
|---|---|
| Authorisation shall be granted unless rejection can be justified on one or more of the following grounds: | An application for authorisation shall be rejected only on one or more of the following grounds: |
(The reference in the header relating to the amending act (¨Article 1 – paragraph 1 – point 11¨) corresponds to ¨Article 1 – paragraph 1 – point 10¨ 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))
| Text proposed by the Commission | Amendment |
|---|---|
| (c a) a regulatory body has established that the new service proposed by the applicant will compromise at least one existing or planned public service contract provided that: | |
| - that contract bundles profitable and unprofitable routes, | |
| - the contract operator has not been receiving significant competition -distorting direct public funds, including in the form of regional or municipal subsidies, and | |
| - the contract was awarded via a transparent competitive tendering procedure for a period not exceeding 10 years without a possibility of extension; |
(The reference in the header relating to the amending act (¨Article 1 – paragraph 1 – point 11¨) corresponds to ¨Article 1 – paragraph 1 – point 10¨ 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))
| 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 relevant public service contract. |
(The reference in the header relating to the amending act (¨Article 1 – paragraph 1 – point 11¨) corresponds to ¨Article 1 – paragraph 1 – point 10¨ 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))
| 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 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. |
(The reference in the header relating to the amending act (¨Article 1 – paragraph 1 – point 11¨) corresponds to ¨Article 1 – paragraph 1 – point 10¨ 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))
| Text proposed by the Commission | Amendment |
|---|---|
| Limitation of the right of access | Right of access |
(The reference in the header relating to the amending act (¨Article 1 – paragraph 1 – point 11¨) corresponds to ¨Article 1 – paragraph 1 – point 10¨ 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))
| 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 meets at least one of the following criteria: |
| (a) it occurs in an urban or suburban centre or conurbation, or meets the transport needs between it and the surrounding areas; | |
| (b) it has the same public passenger transport function as that of a public service operator to which a competent authority has granted an exclusive right to operate a particular route or network or in a particular area, in return for the discharge of public service obligations within the framework of a public service contract; | |
| (c) 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. |
(The reference in the header relating to the amending act (¨Article 1 – paragraph 1 – point 11¨) corresponds to ¨Article 1 – paragraph 1 – point 10¨ 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))
| Text proposed by the Commission | Amendment |
|---|---|
| 1 a. When a competent authority has granted exclusive rights to an undertaking on a particular route or network or in a particular area to perform a public service contract in accordance with Article 3 of Regulation (EC) No 1370/2007 of the European Parliament and of the Council*, the existence of such rights shall not preclude authorisation of a new commercial regular service to be operated on the same particular route or network or in the same particular area provided that this regular service meets at least one of the following criteria: | |
| (a) it represents a different type of service in comparison to the service provided in the public service contract; | |
| (b) is serving a particular route , network or area that has not already been served as part of the service provided in the public service contract; | |
| (c) is planned to start after the expiration of the public service contract. | |
| * Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70 (OJ L 315 3.12.2007, p. 1) |
(The reference in the header relating to the amending act (¨Article 1 – paragraph 1 – point 11¨) corresponds to ¨Article 1 – paragraph 1 – point 10¨ 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))
| 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 carry out the economic analysis. It shall inform the interested parties of its decision. |
(The reference in the header relating to the amending act (¨Article 1 – paragraph 1 – point 11¨) corresponds to ¨Article 1 – paragraph 1 – point 10¨ 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))
To ensure that the need for protection of public service contracts is not undermined, economic analysis should always be carried out if requested.
| Text proposed by the Commission | Amendment |
|---|---|
| 4 a. Member States may further liberalise the authorisation system for national regular services. |
(The reference in the header relating to the amending act (¨Article 1 – paragraph 1 – point 11¨) corresponds to ¨Article 1 – paragraph 1 – point 10¨ 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))
| Text proposed by the Commission | Amendment |
|---|---|
| (13 a) in Article 11, the following paragraph 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, in the host Member State after authorisation for a national regular service has been granted to this carrier. 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. The non-resident carrier shall be given six months to demonstrate that it has effective and stable establishment. If, after the six-month period, the host Member State establishes that the non-resident carrier does not satisfy the requirement of establishment, it may suspend or withdraw the relevant authorisations granted to it for national regular services.”; |
(The reference in the header relating to the amending act (¨Article 1 – paragraph 1 – point 13 а (new)¨) corresponds to ¨Article 1 – paragraph 1 – point 12 a (new)¨ 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))
| 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))
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.
| 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))
Back matter, 1
Parts that accompany the text rather than belong to it: explanatory statement, annexes, opinions appended by other committees. Collapsed.
Explanatory statement 15 blocks
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.
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.
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.
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.
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.
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Sources & citation
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- Data source
- Licensed CC BY 4.0.
- Retrieved
- 25 September 2026
Cite as
European Parliament (2018). “DRAFT REPORT 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”. Text, 15 June 2018. docId TRAN-PR-623746. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/TRAN-PR-623746 (retrieved 25 September 2026). Data: EP Open Data API: document record, https://data.europarl.europa.eu/api/v2/documents/TRAN-PR-623746 (CC BY 4.0).
BibTeX
@misc{epw-text-tran-pr-623746,
author = {{European Parliament}},
title = {{DRAFT REPORT 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}},
year = {2018},
date = {2018-06-15},
howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/TRAN-PR-623746}},
url = {https://news.eu-parl.st-solutions.dev/texts/TRAN-PR-623746},
urldate = {2026-09-25},
publisher = {EU Parl Watch Research},
note = {Text. docId TRAN-PR-623746. Data: EP Open Data API: document record (CC BY 4.0)}
}