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39 Amendments of João PIMENTA LOPES related to 2017/0288(COD)

Amendment 37 #
João PIMENTA LOPES
Proposal for a regulation
–
The European Parliament rejects the Commission proposal.
2018/10/04
Committee: TRAN
Amendment 40 #
João PIMENTA LOPES
Proposal for a regulation
Recital 2
(2) To ensure a coherent framework for 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 extended.deleted
2018/10/04
Committee: TRAN
Amendment 46 #
João PIMENTA LOPES
Proposal for a regulation
Recital 2 a (new)
(2a) The transport sector, which must be considered to be of strategic importance regarding the development options of any Member State, encompasses the carriage of passengers by road. Each Member State must accordingly define its strategic vision for the development of the transport sector, which may include regulation and public control with appropriate measures to meet the needs of the public and the country, ensuring territorial and social cohesion, offsetting the adverse effects of deregulation in terms of transport cuts and lower quality and more expensive public transport services and infrastructures.
2018/10/04
Committee: TRAN
Amendment 47 #
João PIMENTA LOPES
Proposal for a regulation
Recital 3
(3) An independent and impartial regulatory body should be designated in each Member State toEach Member State should have a public regulatory body ensureing the proper funcimplementationing of the road passenger transport market. That body may also be responsible for other regulated sectors such as rail, energy or telecommunicationstrategy in each Member State and monitoring public and private sector operators.
2018/10/04
Committee: TRAN
Amendment 53 #
João PIMENTA LOPES
Proposal for a regulation
Recital 4
(4) Commercial regular service operations shouldmay 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 casepublic transport service already in existence or decided by the Member States.
2018/10/04
Committee: TRAN
Amendment 64 #
João PIMENTA LOPES
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 UnMember States shall determine, through their competent authorities, the conditions on fair, equitable, non-discriminatory anf access to road transparenort terminals. Appeals against decisions rejecting or limiting access should be lodged with the regulatory body.
2018/10/04
Committee: TRAN
Amendment 71 #
João PIMENTA LOPES
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 determined by the Member States and their competent authorities.
2018/10/04
Committee: TRAN
Amendment 75 #
João PIMENTA LOPES
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.deleted
2018/10/04
Committee: TRAN
Amendment 86 #
João PIMENTA LOPES
Proposal for a regulation
Recital 11
(11) Local excursions are an authorised cabotage operation and are covered by the general rules on cabotage. The article on local excursions should therefore be deleted.
2018/10/04
Committee: TRAN
Amendment 92 #
João PIMENTA LOPES
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 1073/2009
Article 1 – paragraph 4
4. This Regulation shall apply to national road passenger services for hire or reward operated by a non-resident carrier as provided for in Chapter V.”;deleted
2018/10/04
Committee: TRAN
Amendment 100 #
João PIMENTA LOPES
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 temporarily operated for hire or reward by a transporter in a host Member State;”; the picking up and setting down of passengers within the same Member State, in the course of a regular international service, in compliance with the provisions of this Regulation, provided that it is not the principal purpose of the service;”; (This amendment applies throughout the text; adopting it will necessitate corresponding changes throughout.)
2018/10/04
Committee: TRAN
Amendment 118 #
João PIMENTA LOPES
10. ‘terminal operator’ means any entity responsible for granting access to a terminal;the management of a terminal designated as indicated in Article 2(9). The operation of a terminal shall require permission from the national competent authority. (This amendment applies throughout the text; adopting it will necessitate corresponding changes throughout.)
2018/10/04
Committee: TRAN
Amendment 121 #
João PIMENTA LOPES
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 (This amendment applies throughout the text; adopting it will necessitate corresponding changes throughout.)
2018/10/04
Committee: TRAN
Amendment 139 #
João PIMENTA LOPES
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 public regulatory body forin 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 contrac and shall be responsible for defining its structure and remit.
2018/10/04
Committee: TRAN
Amendment 148 #
João PIMENTA LOPES
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 concernedhuman, financial, regional and structural resources to fulfil its mission.
2018/10/04
Committee: TRAN
Amendment 151 #
João PIMENTA LOPES
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 3
3. The regulatory body shall perform the following tasks: (a) carry out economic analyses of whether a proposed new service would compromise the economic equilibrium of a public servicdeleted collect and provide information on decide contract; (b) access to termin appeals; and (c) decisions of terminal operators.gainst
2018/10/04
Committee: TRAN
Amendment 153 #
João PIMENTA LOPES
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;deleted
2018/10/04
Committee: TRAN
Amendment 155 #
João PIMENTA LOPES
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 3 – point a
(b) collect and provide information on access to terminals; andeleted
2018/10/04
Committee: TRAN
Amendment 158 #
João PIMENTA LOPES
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 2 – point c
(c) decide on appeals against decisions of terminal operators.deleted
2018/10/04
Committee: TRAN
Amendment 162 #
João PIMENTA LOPES
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 4
4. The regulatory body may, in exercising its tasks, request relevant information from the competent authorities, terminal operators, applicants for authorisation and any third party involved within the territory of the Member State concerned. Information requested shall be supplied within a reasonable period set by the regulatory body and not exceeding one month. In justified cases, the regulatory body may extend the time limit for submission of information by a maximum of two weeks. The regulatory body shall be able to enforce requests for information by means of penalties which are effective, proportionate and dissuasive.deleted
2018/10/04
Committee: TRAN
Amendment 165 #
João PIMENTA LOPES
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.deleted
2018/10/04
Committee: TRAN
Amendment 168 #
João PIMENTA LOPES
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 body shall be made public.”;deleted
2018/10/04
Committee: TRAN
Amendment 174 #
João PIMENTA LOPES
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a
Regulation (EC) No 1073/2009
Article 4 – paragraph 1
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
Amendment 176 #
João PIMENTA LOPES
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b
Regulation (EC) No 1073/2009
Article 4 – paragraph 2
(b) in paragraph 2, the third subparagraph is replaced by the following: “The Commission is empowered to adopt delegated acts in accordance with Article 26 amending Annexes I and II in order to adapt them to technical progress.”;deleted (This amendment applies throughout the text; adopting it will necessitate corresponding changes throughout.)
2018/10/04
Committee: TRAN
Amendment 178 #
João PIMENTA LOPES
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a Regulation (EC) No 1073/2009
(a) in paragraph 3, the fifth subparagraph is deleted;
2018/10/04
Committee: TRAN
Amendment 180 #
João PIMENTA LOPES
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Regulation (EC) No 1073/2009
Article 5 – paragraph 5 – subparagraph 3
“The Commission is empowered to adopt delegated acts in accordance with Article 26 establishing the format of the certificates.”;deleted (This amendment applies throughout the text; adopting it will necessitate corresponding changes throughout.)
2018/10/04
Committee: TRAN
Amendment 181 #
João PIMENTA LOPES
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1073/2009
Article 5 a
6. the following Article 5a is inserted: “Article 5a Access to terminals 1. carriers 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. 2. endeavour to accommodate all requests for access in order to ensure optimum use of terminals. Requests for access may be refused only on the grounds of lack of capacity. Where a terminal operator refuses a request for access, it shall indicate any viable alternatives. 3.deleted Terminal operators shall grant Terminal operators shall Terminal operators shall publish at leaist the following information in two or more official languages of the Union: (a) the prices for those services; (b) allocation of capacity; (c) allocation. That information shall be made available free of charge in electronic format by the terminal operator and the regulatory body on request, and where they have websites, on those websites. The information shall be kept up to date and amended as necessary.”;of all services provided, and the rules for scheduling the the current timetable and capacity
2018/10/04
Committee: TRAN
Amendment 215 #
João PIMENTA LOPES
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EC) No 1073/2009
Article 5 b
7. the following Article 5b is inserted: “Article 5b Procedure for granting access to terminals 1. A carrier seeking access to a terminal shall submit an application to the terminal operator. 2. requested in the application, the terminal operator shall initiate consultations with all interested carriers with a view to accommodating the application. 3. The terminal operator shall take a decision on any application for access to a terminal within two months of the date of submission of the application by the carrier. Decisions on access shall state the reasons on which they are based. 4. decisions by terminal operators. Appeals shall be lodged with the regulatory body. 5. 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. The decision of the regulatory body on the appeal shall be binding. The regulatory body shall be able to enforce it by means of penalties which are effective, proportionate and dissuasive The decision shall be subject to judicial review only.";deleted If access cannot be granted as Applicants may appeal against Where the regulatory body hears
2018/10/04
Committee: TRAN
Amendment 231 #
João PIMENTA LOPES
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point b
Regulation (EC) No 1073/2009
Article 6 – paragraph 4
(b) paragraph 4 is replaced by the following: ‘4. adopt delegated acts in accordance with Article 26 establishing the format of the authorisations.”;deleted The Commission is empowered to (This amendment applies throughout the text. adopting it will necessitate corresponding changes throughout.)
2018/10/04
Committee: TRAN
Amendment 235 #
João PIMENTA LOPES
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point a
Regulation (EC) No 1073/2009
Article 7 – paragraph 2
2. The Commission is empowered to adopt delegated acts in accordance with Article 26 establishing the format of the applications.”;deleted (This amendment applies throughout the text. adopting it will necessitate corresponding changes throughout.)
2018/10/04
Committee: TRAN
Amendment 237 #
João PIMENTA LOPES
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EC) No 1073/2009
Article 8
10. Article 8 is replaced by the following: “Article 8 Authorisation procedure for the international carriage of passengers over a distance of less than 100 kilometres as the crow flies 1. 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. 2. The competent authorities of the Member States whose agreement has been requested shall notify the authorising authority of their decision within three months. The time limit shall be calculated from the date of receipt of the request for agreement which is demonstrated by the acknowledgement of receipt. If the competent authorities of the Member States whose agreement has been requested do not agree, they shall state the reasons. If the competent authorities of the Member States whose agreement has been requested do not reply within the time limit laid down in the first subparagraph, they shall be deemed to have given their agreement. 3. take a decision on the application within four months of the date of submission of the application by the carrier. 4. unless refusal can be justified on one or more of the grounds listed in points (a) to (d) of Article 8c(2). 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. 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. 7. apply until such time as the Member States reach an agreement and the authorising authority adopts a decision on the application.deleted Authorisations shall be issued in The authorising authority shall Authorisation shall be granted The Commission decision shall
2018/10/04
Committee: TRAN
Amendment 258 #
João PIMENTA LOPES
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Articles 8 a to 8 d
[...]deleted
2018/10/04
Committee: TRAN
Amendment 380 #
João PIMENTA LOPES
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Regulation (EC) No 1073/2009
Article 15 – point c
(c) rRegular 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. Cabotage operations may not be carried out independently of such an international service. (This amendment applies throughout the text. adopting it will necessitate corresponding changes throughout.)
2018/10/04
Committee: TRAN
Amendment 388 #
João PIMENTA LOPES
Proposal for a regulation
Article 1 – paragraph 1 – point 17
17. Article 17 is deleted;
2018/10/04
Committee: TRAN
Amendment 389 #
João PIMENTA LOPES
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Regulation (EC) No 1073/2009
Article 20
19. Article 20 is replaced by the following: “Article 20 Mutual assistance 1. another in ensuring the application and monitoring of this Regulation. They shall exchange information via the national contact points established pursuant to Article 18 of Regulation (EC) No 1071/2009. 2. cooperate when carrying out economic analyses of whether proposed regular services would compromise a public service contract for the international operation of public transport services. The authorising authority shall consult the regulatory bodies of all other Member States through which the international regular service concerned runs and, where appropriate, shall request all necessary information from them before taking its decision.”;deleted Member States shall assist one The regulatory bodies shall (This amendment applies throughout the text. adopting it will necessitate corresponding changes throughout.)
2018/10/04
Committee: TRAN
Amendment 392 #
João PIMENTA LOPES
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Regulation (EC) No 1073/2009
Article 26
20. Article 26 is replaced by the following: “Article 26 Exercise of the delegation 1. is conferred on the Commission subject to the conditions laid down in this Article. 2. referred to in Articles 4(2), 5(5), 6(4), 7(2), 8d(5) and 28(3) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Regulation]. 3. to in Articles 4(2), 5(5), 6(4), 7(2), 8d(5) and 28(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to tdeleted The power to adopt delegated acts The power to adopt delegated acts The delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. to Articles 4(2), 5(5), 6(4), 7(2), 8d(5) and 28(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.”;referred Before adopting a delegated act, As soon as it adopts a delegated A delegated act adopted pursuant (This amendment applies throughout the text. adopting it will necessitate corresponding changes throughout.)
2018/10/04
Committee: TRAN
Amendment 399 #
João PIMENTA LOPES
Proposal for a regulation
Article 1 – paragraph 1 – point 21 Regulation (EC) No 1073/2009
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]very two years, 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. (This amendment applies throughout the text. adopting it will necessitate corresponding changes throughout.)
2018/10/04
Committee: TRAN
Amendment 402 #
João PIMENTA LOPES
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Regulation (EC) No 1073/2009
Article 28 – paragraph 2
2. 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]very two years, the competent authorities in the host Member State shall providesend the Commission with statistics on the number of authorisations issued for cabotage operations in the form of the regular services referred to in Article 15(c) during the previous year. (This amendment applies throughout the text. adopting it will necessitate corresponding changes throughout.)
2018/10/04
Committee: TRAN
Amendment 403 #
João PIMENTA LOPES
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Regulation (EC) No 1073/2009
Article 28 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 26 toshall establish the format of the table to be used for the communication of the statistics referred to in paragraphs 1 and 2 and the data to be provided. 2. These measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 26(2). (This amendment applies throughout the text. adopting it will necessitate corresponding changes throughout.)
2018/10/04
Committee: TRAN
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