[ParlTrack]

Proposal for a regulation
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.

2018/10/04
Committee: TRAN

Proposal for a regulation
Recital 3

(3) ~~An independent and impartial regulatory body should be designated in each Member State~~Each 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.

2018/10/04
Committee: TRAN

Proposal for a regulation
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

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

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 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.

2018/10/04
Committee: TRAN

Proposal for a regulation
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.~~

2018/10/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b

Regulation (EC) No 1073/2009
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;;

2018/10/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c – introductory part

(c) the following points 9 to 11 a are added:

2018/10/04
Committee: TRAN

Karoline GRASWANDER-HAINZ

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c

Regulation (EC) No 1073/2009
Article 2 – paragraph 9

9. ‘terminal’ means a~~ny facility with a minimum area of 600m2, which provides a parking place that is used by coaches and buse~~ nationally authorized, staffed terminal where according to the specified route coaches and buses stop on schedule for passengers to board or alight, equipped with barrier- free facilities such as sanitary installations, check-in counters, waiting rooms for t~~he setting down or picking up of passengers~~icket offices. Bus stations used exclusively or partially by the public transport operators are not covered by this Regulation;

2018/10/04
Committee: TRAN

Karoline GRASWANDER-HAINZ

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c

10. ‘terminal operator’ means any entity responsible for ~~granting access to a terminal~~the management of a designated terminal as referred to in Article 2 (9). The operation of a terminal requires the authorisation of the national competent authority, which must meet requirements such as reliability, professional qualifications and financial performance;

2018/10/04
Committee: TRAN

Karoline GRASWANDER-HAINZ

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c

Regulation (EC) No 1073/2009
Article 2 – paragraph 11

~~11. ‘viable alternative’ means another terminal which is economically acceptable to the carrier, and allows it to operate the passenger service concerned.;~~deleted

2018/10/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c

Regulation (EC) No 1073/2009
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;

2018/10/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 3 Regulation (EC) No 1073/2009

~~Regulatory bod~~National competent authority

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 bod~~competent 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.

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 – subparagraph 2

~~The regulatory body may be responsible for other regulated sectors.~~deleted

2018/10/04
Committee: TRAN

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

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

2. The regulatory body for the road passenger transport sector shall have the necessary organisational capacity in terms of human and other resources, which shall be proportionate to the importance of that sector in the Member State concerned.deleted

2018/10/04
Committee: TRAN

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

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

3. The ~~regulatory bod~~national competent authority shall perform the following tasks::

2018/10/04
Committee: TRAN

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

Regulation (EC) No 1073/2009
Article 3 a – paragraph 4

Information requested shall be supplied within a reasonable period set by the ~~regulatory bod~~national competent authority and not exceeding one month. In justified cases, the ~~regulatory bod~~national competent authority may extend the time limit for submission of information by a maximum of two weeks. The ~~regulatory bod~~national competent authority shall be able to enforce requests for information by means of penalties which are effective, proportionate and dissuasive.

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 bod~~national competent authority are subject to judicial review. That review may have suspensive effect only when the immediate effect of ~~the regulatory bod~~national 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.

2018/10/04
Committee: TRAN

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

Regulation (EC) No 1073/2009
Article 3 a – paragraph 6

6. Decisions taken by the ~~regulatory bod~~national competent authority shall be made public.;

2018/10/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 3 b (new)

Regulation (EC) No 1073/2009
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.

2018/10/04
Committee: TRAN

Karoline GRASWANDER-HAINZ

1. International carriage of passengers ~~and cabotage operations~~ by coach and bus shall be carried out subject to possession of a Community licence issued by the competent authorities of the Member State of establishment.;

2018/10/04
Committee: TRAN

Karoline GRASWANDER-HAINZ

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

Karoline GRASWANDER-HAINZ

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

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

~~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 4

4. Applicants may appeal against decisions by terminal operators. Appeals shall be lodged with the ~~regulatory bod~~national competent authority.

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 1

Where the ~~regulatory bod~~national 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.

2018/10/04
Committee: TRAN

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

The decision of the ~~regulatory bod~~national competent authority on the appeal shall be binding. The ~~regulatory bod~~national competent authority 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 – 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.

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

Karoline GRASWANDER-HAINZ

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

Regulation (EC) No 1073/2009
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~~. 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~~. These authorities of the Member States whose territories are crossed without passengers being picked up or set down may notify the authorising authority of their comments within three months.

2018/10/04
Committee: TRAN