Changes from report parliamentary committee draft to plenary report

Change 40

AddedArticle 1 – paragraph 1 – point 11, Article 8d – paragraph 1 a (new): 1 a. Where a competent authority has granted exclusive rights to an undertaking performing a public service in accordance with Article 3 of Regulation (EC) No 1370/2007, the protection of the exclusive rights shall only relate to the operation of public passenger transport services serving the same or alternative routes. That grant of exclusive rights shall not preclude the authorisation of new regular services where those services are not competing with the service provided in the public service contract, or operate on other routes.

AddedRegulation (EC) No 1073/2009

AddedArticle 1 – paragraph 1 – point 11, Article 8d – paragraph 2 – subparagraph 2: Where such a request has been received, the regulatory body shall examine the request and may decide whether to carry out the economic analysis in accordance with Article 8c(2)(d) unless there are exceptional practical or other reasons justifying a decision not to do so. It shall inform the interested parties of its decision.

AddedRegulation (EC) No 1073/2009

AddedArticle 1 – paragraph 1 – point 11, Article 8d – paragraph 3 – subparagraph 1: Where the regulatory body carries out an economic analysis, it shall inform all interested parties of the results of that analysis and its conclusions as soon as possible, and no later than 3 months following receipt of all relevant information. The regulatory body may conclude that the authorisation is to be granted, is to be granted subject to conditions or is to be rejected.

AddedRegulation (EC) No 1073/2009

AddedArticle 1 – paragraph 1 – point 11, Article 8 d – paragraph 5: 5. The Commission is empowered to adopt delegated acts in accordance with Article 26 establishing the procedure and criteria to be followed for the application of this Article, in particular in carrying out the economic analysis.

AddedRegulation (EC) No 1073/2009

AddedArticle 1 – paragraph 1 – point 11, Article 8d – paragraph 5 a (new): 5 a. Member States may further liberalise the authorisation system for national regular services with regard to authorisation procedures and kilometre thresholds.

AddedRegulation (EC) No 1073/2009

AddedArticle 1 – paragraph 1 – point 13 a (new), Article 11 – paragraph 3 a (new): (13 a) In Article 11, the following paragraph 3a 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 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.” / * 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)

Added(https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32009R1073&qid=1548063430167&from=EN)

AddedRegulation (EC) No 1073/2009

▸4 unchanged paragraphs

Article 1 – paragraph 1 – point 15, Article 13: 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.

Regulation (EC) No 1073/2009

Change 41

ChangedArticle 1 – paragraph 1 – point 16, Article 15 – paragraph 1 – point b: (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))

Change 42

AddedRegulation (EC) No 1073/2009

AddedArticle 1 – paragraph 1 – point 16, Article 15 – paragraph 1 – point c: (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.

AddedRegulation (EC) No 1073/2009

AddedArticle 1 – paragraph 1 – point 16, Article 15 – paragraph 1 – point c a (new): (c a) regular services performed by a carrier not resident in the host Member State, in the course of a regular national service in accordance with this Regulation.

AddedRegulation (EC) No 1073/2009

AddedArticle 1 – paragraph 1 – point 16 a (new), Article 16 – paragraph 1 – introductory part: (16a) in Article 16(1), the introductory part is replaced by the following: / "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: / * 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)

Added(https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:300:0088:0105:EN:PDF)

AddedRegulation (EC) No 1073/2009

AddedArticle 1 – paragraph 1 – point 17, Article 17: deleted

AddedRegulation (EC) No 1073/2009

AddedArticle 1 – paragraph 1 – point 17 a (new), Article 17: (17a) Article 17 is replaced by the following: / 1. Cabotage operations in the form of occasional services shall be carried out under cover of a journey form, on paper or in digital format, which shall be presented at the request of any authorised inspector. / (deleted) / 4. 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. / (deleted) / 5. 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."

AddedRegulation (EC) No 1073/2009

AddedArticle 1 – paragraph 1 – point 21, Article 28 – paragraph 1: 1. 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.

AddedRegulation (EC) No 1073/2009

AddedArticle 1 – paragraph 1 – point 21, Article 28 – paragraph 5: 5. By … [5 years after the date of application of this Regulation], the Commission shall submit a report to the European Parliament and the Council on the application of this Regulation. The report shall include information on the extent to which this Regulation has contributed to a better functioning road passenger transport system, in particular for passengers, the bus and coach workforce and the environment."