31 Amendments of Matt CARTHY related to 2017/0288(COD)

Proposal for a regulation
Recital 4

(4) Commercial regular service operations should not compromise the ~~economic~~ equilibrium of existing public service contracts. ~~For this reason, the regulatory body should be able to carry out an objective economic analysis to ensure that this is the case.~~

2018/10/04
Committee: TRAN

Proposal for a regulation
Recital 8

(8) Authorisation for both national and international regular services should be subject to an authorisation procedure. Authorisation should be granted, unless there are specific grounds for refusal attributable to the applicant, or the service would compromise the economic equilibrium of a public service contract. A distance threshold should be introduced to ensure that commercial regular service operations do not compromise the economic equilibrium of existing public service contracts. In the case of routes already served by more than one public service contract, it should be possible to increase that threshold.

2018/10/04
Committee: TRAN

Lucy ANDERSON, Marita ULVSKOG, Theresa GRIFFIN, Matt CARTHY

Proposal for a regulation
Recital 9

(9) Non-resident carriers should be able to operate national regular services under the same conditions as resident carriers, as long as they can demonstrate compliance with all relevant provisions of national, Union and international law.

2018/10/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 3

Regulation (EC) No 1073/2009
Article 3 a – paragraph 1

Each Member State shall designate a ~~single~~ national regulatory body for the road passenger transport sector. That body shall be an impartial authority which is, in organisational, functional, hierarchical and decision making terms, legally distinct and independent from any other public or private entity. It shall be independent from any competent authority involved in the award of a public service contract.

2018/10/04
Committee: TRAN

Lucy ANDERSON, Marita ULVSKOG, Theresa GRIFFIN, Matt CARTHY

Proposal for a regulation
Article 1 – paragraph 1 – point 3

Regulation (EC) No 1073/2009
Article 3 a – paragraph 3 – point a

(a) carry out ~~economic~~ analyses of whether a proposed new service would compromise the ~~economic~~ equilibrium of a public service contract;.

2018/10/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 3

Regulation (EC) No 1073/2009
Article 3 a – paragraph 5

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.

2018/10/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 6

Regulation (EC) No 1073/2009
Article 5 a

1. Terminal operators shall ~~grant~~consider applications from carriers for the right to access terminals for the purpose of operating regular services including any facilities or services provided in that terminal ~~under fair, equitable, non-discriminatory and transparent conditions~~.

2018/10/04
Committee: TRAN

Lucy ANDERSON, Marita ULVSKOG, Theresa GRIFFIN, Matt CARTHY

Proposal for a regulation
Article 1 – paragraph 1 – point 6

Regulation (EC) No 1073/2009
Article 5 a – paragraph 1 a (new)

1a. Where terminal operators grant access, bus and coach operators must comply with the terminal's existing terms and conditions.

2018/10/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 6

Regulation (EC) No 1073/2009
Article 5 a – paragraph 2 – subparagraph 1

~~Terminal operators shall endeavour to accommodate all requests for access in order to ensure optimum use of terminals.~~deleted

2018/10/04
Committee: TRAN

Lucy ANDERSON, Marita ULVSKOG, Theresa GRIFFIN, Matt CARTHY

Proposal for a regulation
Article 1 – paragraph 1 – point 6

Regulation (EC) No 1073/2009
Article 5 a – paragraph 2 – subparagraph 2

Requests for access may be refused ~~only on the grounds of lack of capacity~~for justified reasons of public interest, including environmental and capacity considerations.

2018/10/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 6

Regulation (EC) No 1073/2009
Article 5 a – paragraph 2 – subparagraph 3

~~Where a terminal operator refuses a request for access, it shall indicate any viable alternatives.~~deleted

2018/10/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 7 Regulation (EC) No 1073/2009

~~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.~~deleted

2018/10/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 7

Regulation (EC) No 1073/2009
Article 5 b – paragraph 5 – subparagraph 2

The 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

2018/10/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 10

Regulation (EC) No 1073/2009
Article 8 – title

Authorisation procedure ~~for the international carriage of passengers over a distance of less than 100 kilometres as the crow flies~~

2018/10/04
Committee: TRAN

Lucy ANDERSON, Marita ULVSKOG, Theresa GRIFFIN, Matt CARTHY

Proposal for a regulation
Article 1 – paragraph 1 – point 10

4. Authorisation shall be granted unless refusal can be justified on o~~ne or more of the grounds listed in points (a) to (d) of Article 8c(2)~~bjective grounds related to the public interest, such as that the service would compromise the equilibrium of a public service contract, environmental considerations or that the applicant has not complied with road transport or other relevant provisions of national, Union or international law..

2018/10/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 10

Regulation (EC) No 1073/2009
Article 8 – paragraph 5

~~5. 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.~~deleted

2018/10/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 10

Regulation (EC) No 1073/2009
Article 8 – paragraph 6

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.deleted

2018/10/04
Committee: TRAN

~~7. 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.~~deleted

2018/10/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 11

Regulation (EC) No 1073/2009
Article 8 a – title

~~Authorisation procedure for the international carriage of passengers over a distance of 100 kilometres or more as the crow flies~~deleted

2018/10/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 11

Regulation (EC) No 1073/2009
Article 8 a – paragraph 1

~~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.~~deleted

2018/10/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 11 Regulation (EC) No 1073/2009

~~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).~~deleted

2018/10/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 11

Regulation (EC) No 1073/2009
Article 8 a – paragraph 3

3. The authorising authority shall forward to the competent authorities of all Member States in whose territories passengers are picked up or set down, as well as to the competent authorities of Member States whose territories are crossed without passengers being picked up or set down, a copy of the application, together with copies of any other relevant documentation, and its assessment, for information.deleted

2018/10/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 11

Regulation (EC) No 1073/2009
Article 8 b – title

~~Authorisation procedure for national regular services~~deleted

2018/10/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 11 Regulation (EC) No 1073/2009

Decisions rejecting an application or granting authorisation with limitations shall state the reasons on which they are based and shall be informed by the analyses of the regulatory body.

2018/10/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 11

Regulation (EC) No 1073/2009
Article 8 c – paragraph 2 – subparagraph 2

Authorisation shall be granted unless rejection can be justified on one or more of the following grounds: (a) the service which is the subject of the application with equipment directly available to it; (b) 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 road transport legislation in particular with regard to the rules applicable to vehicles and driving and rest periods for drivers; (c) renewal of authorisation, the conditions of authorisation have not been complied with; (d) the basis of an objective economic analysis that the service would compromise the economic equilibrium of a public service contract.deleted the applicant is unable to provide the applicant has not complied in the case of an application for a regulatory body establishes on

2018/10/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 11

Regulation (EC) No 1073/2009
Article 8 c – paragraph 3

3. Member States shall ensure that decisions taken by the authorising authority are subject to judicial review. That review may have suspensive effect only when the immediate effect of the authorising authority’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.

2018/10/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 11

Regulation (EC) No 1073/2009
Article 8 d – paragraph 1

1. Member States may limit the right of access to the international and national market for regular services ~~if th~~on objective pgro~~posed regular service carries passengers over distances of less than 100 kilometres as the crow flies and if~~unds related to the public interest, such as that the service would compromise the ~~economic~~ equilibrium of a public service contract, environmental considerations or that the applicant has not complied with road transport or other relevant provisions of national, Union or international law.

2018/10/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 11

Regulation (EC) No 1073/2009
Article 8 d – 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 within six weeks following receipt of all relevant information. The regulatory body may ~~conclude~~recommend that the authorisation is to be granted, is to be granted subject to conditions or is to be rejected.

2018/10/04
Committee: TRAN