13 Amendments of Sergio GUTIÉRREZ PRIETO related to 2016/0149(COD)
Amendment 126 #
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) transparent and non-discriminatory access to certain cross-border parcel delivery services provided under multilateral agreements referred to in Article 6 of this regulation and/or infrastructure.
Amendment 133 #
Proposal for a regulation
Article 2 – paragraph 2 – point -a (new)
Article 2 – paragraph 2 – point -a (new)
(-a) "parcel" means an item delivered by the Universal Service Provider or by other Parcel delivery service provider different from an item of correspondence, with or without commercial value, and with a weight not exceeding 31,5 kg;
Amendment 148 #
Proposal for a regulation
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) "terminal rates" means payments from the originating universal service provider toperformed being either terminal dues, inward land rates, or transfer prices by the parcel delivery services operator of the destorigination universal service providerng Member State to the parcel delivery operator of the destination Member State for the costs of distributing the cross- border parcel delivery serviceitems in the destination Member State.
Amendment 153 #
Proposal for a regulation
Article 2 – paragraph 2 – point c a (new)
Article 2 – paragraph 2 – point c a (new)
(c a) "terminal dues" means payments, from the originating universal service provider to the destination universal service provider for the costs of distributing cross-border items of correspondence delivered in the destination Member State;
Amendment 155 #
Proposal for a regulation
Article 2 – paragraph 2 – point c b (new)
Article 2 – paragraph 2 – point c b (new)
(c b) "transfer prices" means payments performed by a Parcel delivery service provider in the originating Member State to its subsidiaries in the destination Member State for the cost of distributing its parcels in the destination Member State.
Amendment 169 #
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. By 31 March of each calendar year, all parcel delivery service providers including those parcel delivery services using alternative business models, for example those drawing on the collaborative economy and e-commerce platforms shall submit the following information to the national regulatory authority of the Member State in which they are established, unless the national regulatory authority has already requested and received such information:
Amendment 180 #
Proposal for a regulation
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
(b) the number of persons working for the provider and involved in the provision of parcel delivery services in the Member State in which the provider is established in the previous calendar yearover the previous calendar year which is to be calculated on the basis of the average annual number of full-time, part time, temporary employees and self- employed, as well as persons working for sub-contracting companies in clearance, sorting, transport or distribution of parcels and should include any person who, during the previous calendar year, has performed services related to any step of the value chain for and under the direction of a parcel services provider or its subsidiaries in return for which he receives remuneration;
Amendment 200 #
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. AThis Article shall not apply to parcel delivery service provider which employss and their subsidiaries, with less than 5% of the national market share, which employed on average fewer than 250 persons shall not be subject to the obligations under paragraph 1 and 2, unless that provider is established in more than one Member Stateover the course of the previous calendar year. The number of persons shall be calculated on the basis of the average annual number of full-time, part-time, temporary employees and self-employed, as well as persons working for sub-contracting companies in parcel delivery services. A breakdown of the calculations shall be made available upon request.
Amendment 226 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The national regulatory authorities shall submit the terminalremuneration rates obtained in accordance with paragraph 3 to the Commission and the national regulatory authorities of the originating Member States by 28 of February of each calendar year at the latest. The national regulatory authorities and the Commission shall ensure that the remuneration rates obtained are dealt with the strictest confidentiality.
Amendment 275 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Whenever universaparcel service providers providing parcel delivery serviceswith more than 5% of the national market share or established in more than one Member State conclude multilateral agreements on terminal rates they shall meet all reasonable requests forthat are made by parcel delivery service providers defined as small and medium sized enterprises (SME), in accordance with Commission recommendation 2003/361/EC and that concern access to all network elements and associated facilities as well as relevant services and information systems, necessary for the provision of cross-border parcel delivery services. Any refusal of access shall be justified in a clear and objective way, and notified to national regulatory authorities.
Amendment 278 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. UnParcel deliversaly service providers referred to in paragraph 1 shall publish a reference offer following a request by the SME seeking access. The reference offer shall contain all the relevant sales associated terms and conditions, including prices.
Amendment 281 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. UnParcel deliversaly service providers referred to in paragraph 1 shall upon request, and based on a reference offer, make an individual offer available to a parcel delivery service provider requestthe SMEs seeking access within the meaning of that paragraph at the latest one month after the receipt of the request. UnParcel deliversaly service providers receiving an access request and providers requesting access shall negotiate in good faith.
Amendment 283 #
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. When no agreement is reached on the basis of the individual offer referred to in paragraph 6, the parcel delivery service provider requestSME seeking access may submit the individual offer made by the unparcel deliversaly service provider to the national regulatory authority. If necessary, the national regulatory authority shall change the individual offer to give effect to the obligations laid down in this Article.