40 Amendments of Iskra MIHAYLOVA related to 2017/0288(COD)
Amendment 44 #
Proposal for a regulation
Recital 2
Recital 2
(2) To ensure a coherent legislation framework ofor the inter-urban carriage of passengers by regular coach and bus services throughout the Union, Regulation (EC) No 1073/2009 should apply to all inter- urban carriage by regular services. The scope of that Regulation should therefore be extendedEuropean Union is paramount in order to prevent legal ambiguity. The scope of that Regulation should therefore be consistent with the provisions of a Regulation (EC) No1370/2007.
Amendment 49 #
Proposal for a regulation
Recital 3
Recital 3
(3) An independent and impartial regulatory body should be designated in each Member StateEach Member State shall designate a national competent authority to ensure the proper functioning of the road passenger transport market. That body may also be responsible for other regulated sectors such as rail, energy or telecommunications.
Amendment 57 #
Proposal for a regulation
Recital 4
Recital 4
(4) Commercial regular service operations should not compromise the economic equilibrium of existing public service contracts. For this reason, the regulatory bodnational competent authority should be able to carry out an objective economic analysis to ensure that this is the case.
Amendment 66 #
Proposal for a regulation
Recital 6
Recital 6
(6) In order to ensure fair competition in the market, operators of regular services should be provided with access rights to terminals in the Union on fair, equitable, non-discriminatory and transparent terms. Appeals against decisions rejecting or limiting access should be lodged with the regulatory body.national competent authority
Amendment 72 #
Proposal for a regulation
Recital 8
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.
Amendment 77 #
Proposal for a regulation
Recital 9
Recital 9
(9) Non-resident carriers should be able to operate national regular services under the same conditions as resident carriers by attending a competitive tendering procedure, in accordance with the provisions of 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.
Amendment 80 #
Proposal for a regulation
Recital 10
Recital 10
(10) Administrative formalities should be reduced as much as possible without abandoning the controls and penalties that guarantee the correct application and effective enforcement of Regulation (EC) No 1073/2009. The journey form constitutes an unnecessary administrative burden and should therefore be abolished.
Amendment 104 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Regulation (EC) No 1073/2009
Article 2 – paragraph 7
Article 2 – paragraph 7
7. ‘cabotage operation’ means a national road passenger transport service operated for hire or reward on a temporary basis in a host Member State;;
Amendment 107 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c – introductory part
Article 1 – paragraph 1 – point 2 – point c – introductory part
(c) the following points 9 to 11 a are added:
Amendment 115 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Regulation (EC) No 1073/2009
Article 2 – paragraph 9
Article 2 – paragraph 9
9. ‘terminal’ means any staffed facility with a minimumhere according to the specified route a rea of 600m2, which provides a parking place that is used by coaches and buses for the setgular service is scheduled to stop for passengers to board or alight, equipped with facilities such as a check-in counter, waiting downroom or pticking up of passengerset office;
Amendment 130 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Regulation (EC) No 1073/2009
Article 2 – paragraph 11 a (new)
Article 2 – paragraph 11 a (new)
11a. ‘public service contract’ means one or more legally binding acts confirming the agreement between a competent authority and a public service operator to entrust to that public service operator the management and operation of public passenger transport services subject to public service obligations; depending on the law of the Member State, the contract may also consist of a decision adopted by the competent authority: – taking the form of an individual legislative or regulatory act, or – containing conditions under which the competent authority itself provides the services or entrusts the provision of such services to an internal operator;
Amendment 136 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 Regulation (EC) No 1073/2009
Article 1 – paragraph 1 – point 3 Regulation (EC) No 1073/2009
Amendment 140 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 1
Article 3 a – paragraph 1
Each Member State shall designate a single national regulatory bodcompetent authority 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 contracte national competent authority may be responsible for other regulated sectors.
Amendment 144 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 1 – subparagraph 2
Article 3 a – paragraph 1 – subparagraph 2
Amendment 146 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 2
Article 3 a – paragraph 2
Amendment 152 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 3
Article 3 a – paragraph 3
3. The regulatory bodnational competent authority shall perform the following tasks::
Amendment 163 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 4
Article 3 a – paragraph 4
The regulatory bodnational competent authority may, in exercising its tasks, request relevant information from the other competent authorities, terminal operators, applicants for authorisation and any third party involved within the territory of the Member State concerned.
Amendment 164 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 4
Article 3 a – paragraph 4
Information requested shall be supplied within a reasonable period set by the regulatory bodnational competent authority and not exceeding one month. In justified cases, the regulatory bodnational competent authority may extend the time limit for submission of information by a maximum of two weeks. The regulatory bodnational competent authority shall be able to enforce requests for information by means of penalties which are effective, proportionate and dissuasive.
Amendment 167 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 5
Article 3 a – paragraph 5
5. Member States shall ensure that decisions taken by the regulatory bodnational competent authority are subject to judicial review. That review may have suspensive effect only when the immediate effect of the regulatory bodnational competent 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.
Amendment 170 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 6
Article 3 a – paragraph 6
6. Decisions taken by the regulatory bodnational competent authority shall be made public.;
Amendment 171 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EC) No 1073/2009
Article 3 b (new)
Article 3 b (new)
(3a) The following Article 3b is inserted before Chapter II: "Article 3b Levy on carriers providing regular coach or bus services 1. Member States which apply the provisions of Chapter III of this Regulation for national regular services may, under the conditions laid down in this Article, authorise the national competent authority to impose a levy on carrier providing passenger services for the operation of routes which fall within the jurisdiction of that authority and which are operated between two terminals in that Member State. 2. The levy is intended to compensate the authority for public service obligations laid down in public service contracts awarded in accordance with Union law. The revenue raised from such a levy and paid as compensation shall not exceed what is necessary to cover all or part of the cost incurred in the relevant public service obligations taking into account the relevant receipts and a reasonable profit for discharging those obligations. 3. The levy shall be imposed in accordance with Union law, and shall respect in particular the principles of fairness, transparency, non- discrimination and proportionality, in particular between the average price of the service to the passenger and the level of the levy. The total levies imposed pursuant to this paragraph shall not endanger the economic viability of the bus and coach passenger transport service on which they are imposed. 4. The relevant authorities shall keep the information necessary to ensure that the origin of the levies and their use can be traced. Member States shall provide the Commission with this information. 5. Based on the experience of regulatory bodies, competent authorities and carriers providing regular coach or bus services the Commission shall adopt measures setting out the details of the procedure and criteria to be followed for the application of this Article."
Amendment 172 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 b (new)
Article 1 – paragraph 1 – point 3 b (new)
Regulation (EC) No 1073/2009
Article 3 c (new)
Article 3 c (new)
(3b) 3c. Member States shall not apply Article 3b when they apply subsidies for the transportation of passengers on unprofitable lines and routes at the expense of a national and/or local budget.
Amendment 223 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 1073/2009
Article 5 b – paragraph 4
Article 5 b – paragraph 4
4. Applicants may appeal against decisions by terminal operators. Appeals shall be lodged with the regulatory bodnational competent authority.
Amendment 225 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 1073/2009
Article 5 b – paragraph 5 – subparagraph 1
Article 5 b – paragraph 5 – subparagraph 1
Where the regulatory bodnational competent authority hears an appeal against a decision by a terminal operator, it shall adopt a reasoned decision within a fixed timeframe and, in any case within three weeks from receipt of all relevant information.
Amendment 228 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 Regulation (EC) No 1073/2009
Article 1 – paragraph 1 – point 7 Regulation (EC) No 1073/2009
The decision of the regulatory bodnational competent authority on the appeal shall be binding. The regulatory bodnational competent authority shall be able to enforce it by means of penalties which are effective, proportionate and dissuasive
Amendment 238 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 1073/2009
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. 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 three months’ notice to the carrier. The carrier shall have the possibility to appeal such decision.
Amendment 240 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 1073/2009
Article 8 – title
Article 8 – title
Authorisation procedure for the international carriage of passengers over a distance of less than 100 kilometres as the crow flies
Amendment 246 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 1073/2009
Article 8 – paragraph 1
Article 8 – paragraph 1
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, over distance defined by each Member State. 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.
Amendment 261 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 a
Article 8 a
Amendment 264 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 a – title
Article 8 a – title
Amendment 270 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 a – paragraph 1
Article 8 a – paragraph 1
Amendment 275 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 a – paragraph 2
Article 8 a – paragraph 2
Amendment 282 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 a – paragraph 3
Article 8 a – paragraph 3
Amendment 305 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 b – paragraph 2
Article 8 b – paragraph 2
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 (cd) 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).
Amendment 312 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 b – paragraph 3
Article 8 b – paragraph 3
Amendment 342 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 d – paragraph 1
Article 8 d – paragraph 1
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.
Amendment 376 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EC) No 1073/2009
Article 15 – point c
Article 15 – point c
(c) regular services, performed in accordance with this Regulation.;by a carrier not resident in the host Member State provided that a stay in that Member State does not exceed 48 hours after the entry into the territory of the 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 performed independently of such international service.
Amendment 387 #
Proposal for a regulation
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Regulation (EC) No 1073/2009
Article 17
Article 17
(17) Article 17 is dDeleted;
Amendment 391 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19 a (new)
Article 1 – paragraph 1 – point 19 a (new)
Regulation (EC) No 1073/2009
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
(19a) In Article 25, the following paragraph 1 a is inserted: "Member States shall not apply the provisions of Chapter III of this Regulation for national regular services on territories covered by services of general economic interest, on the condition that public service contracts are awarded following a competitive tendering procedure, in accordance with the provisions of Regulation (EC) No 1370/2007."
Amendment 398 #
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Regulation (EC) No 1073/2009
Article 28
Article 28