Activities of Antonio LÓPEZ-ISTÚRIZ WHITE related to 2016/0149(COD)
Legal basis opinions (0)
Amendments (38)
Amendment 60 #
Proposal for a regulation
Recital 4
Recital 4
(4) In order to improve the affordability of cross-border parcel delivery services, especially for users in remote or sparsely populated areas and for SMEs and micro-enterprises, it is necessary to improve the transparency of public lists of tariffs for a limited set of cross-border parcel delivery services offered by universal service providers, which are mostly used by small and medium-sized enterprises and individuals. Transparency of public lists is also necessary to address the issue of high tariffs of cross-border delivery services and to reduce, where applicable, unjustified tariff differences between national and cross-border parcel delivery services.
Amendment 61 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) In view of the fact that, according to Flash Eurobarometer 413, a majority of companies that sell, used to sell or tried to sell online considered high delivery costs together with expensive complaints process and guarantees to be a problem when selling online, further action is needed to ensure that all retailers and consumers, in particular small and micro enterprises and consumers in remote areas, fully benefit from seamless cross- border parcel delivery services, which are accessible and affordable, without ignoring that consumers have expectations to buy with "free delivery", like they stated in the answers to 2015 Public Consultation on Cross-Border Parcel Delivery.
Amendment 73 #
Proposal for a regulation
Recital 8
Recital 8
(8) Therefore, it is important to provide a clear definition of parcels and parcel delivery services and to specify which postal and parcel items are covered by thatose definitions. This concerns in particular postal itemsitems delivered or not by the Universal Service Provider, other than items of correspondence, which because of their weight are commonly used for sending goods and merchandise with or without commercial value. This Regulation should therefore cover, in line with consistent practice, postal itemsarcels, delivered or not by the Universal service provider, weighing up to 31.5 kg, as heavier items cannot be handled by a single average individual without mechanical aids. In line with the current practice and Directive 97/67/EC, each step inof the postal chain, i.e. clearance, sorting and delivery should be considered parcel delivery services including when provided by express and courier service providers, as well as consolidators. Providers of parcel delivery services using alternative business models and e-commerce platforms should also be subject to this Regulation, if they provide at least one of these steps in the postal delivery chain. Transport alone that is not undertaken in conjunction with one of those steps should fall outside the scope of parcel delivery services as it can in this case be assumed that this activity is part of the transportpostal sector.
Amendment 78 #
Proposal for a regulation
Recital 9
Recital 9
(9) Terminal rates are based on multilateral and bilateral agreements between unparcel deliversaly service providers and ensure that the destination unparcel deliversaly service provider is remunerated for the costs of the service provided to the originating unparcel deliversaly service provider. Terminal rates should be definconsidered in such a way that it includes both terminal dues, as defined in point 15 of Article 2 of Directive 97/67/EC that are applied for letter mail items and inward land rates that are applied to parcels, as well as the transfer costs between the subsidiaries of the parcel delivery services providers. Terminal rates are commercially sensitive business data.
Amendment 81 #
Proposal for a regulation
Recital 10
Recital 10
(10) It is necessary that national regulatory authorities have knowledge and information for statistical purposes about parcel delivery service providers active on the market. However, in order to limit the administrative burden for small parcel delivery service providers who are only active on a national or regional market, a threshold should be applied, based on the number of persons working on average for the service provider and involved in the provision of parcel delivery services in the Member State in which the provider is established, unless that provider is established in more than one Member State.
Amendment 98 #
Proposal for a regulation
Recital 17
Recital 17
(17) In order to ensure transparency across the Union, the analysis of a national regulatory authority should be submitted to the Commission and, upon justified request, to the national regulatory authorities of the otheraffected Member States and to the Commission. Confidentiality is toshould be ensured by the national regulatory authorities and the Commission. The Commission may also request the European Regulators Group for Postal Services to provide a Union-wide analysis on the basis of the national contributions, providing that confidentiality is ensured.
Amendment 101 #
Proposal for a regulation
Recital 18
Recital 18
(18) Universal service providers providing pParcel delivery service providers may conclude multilateral and bilateral agreements on terminal rates and may set up other programmes to facilitate the interconnectivity of their delivery networks. For reasons of non- discrimination, competing parcel delivery service providers shall be granted equal access to the terminal rates applicable between parties under multilateral agreements. It may be justified that terminal rates payable by third-party parcel delivery service providers, in some cases, exceed those payable by unparcel deliversaly service providers that are parties to such agreements. This may be the case where the parties to a multilateral agreement on terminal rates are able to demonstrate that the cost of setting up, operating and administering the agreement, the extra cost incurred by accepting and handling items from non-designatedthird-party parcel delivery service providers and other such costs are not covered by the terminal rates payable by the third-party service provider in the originating Member State. Whenever the parcel delivery service provider concludes multilateral agreements on terminal rates, equal and non-discriminatory third party access to certain cross-border parcel delivery services provided under such multilateral agreements should encourage competition, be cost-oriented, benefit consumers and result in a more efficient use of existing networks, particularly in rural and remote areas.
Amendment 107 #
Proposal for a regulation
Recital 19
Recital 19
(19) In practice and for operational reasons, the point at which access should be provided is the inward office of exchange, whichunless parties agree on an alternative point in the network. The inward office of exchange is an office or a facility determined by unparcel deliversaly service providers in the destination Member State for handing over incoming postal items other than items of correspondence.
Amendment 125 #
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 134 #
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 147 #
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 152 #
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 154 #
Proposal for a regulation
Article 2 – paragraph 2 – point c b (new)
Article 2 – paragraph 2 – point c b (new)
(c b) "inward land rates" means payments performed by the Universal service Provider of the originating Member State to the destination Universal Service Provider for the cost of distributing cross-border parcel delivery in the destination Member State;
Amendment 156 #
Proposal for a regulation
Article 2 – paragraph 2 – point c c (new)
Article 2 – paragraph 2 – point c c (new)
(c c) "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 157 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. All parcel delivery service providers, including those parcel delivery services using alternative business models and e-commerce platforms, shall submit the following standardized 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 162 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) the nature of the services offered by the provida commercial description of the parcel delivery services offered by the provider including delivery options and information provided to the consumer;
Amendment 170 #
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 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 179 #
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 188 #
Proposal for a regulation
Article 3 – paragraph 3 – point c
Article 3 – paragraph 3 – point c
(c) the number of postal items other than items of correspondence and not exceeding 31,5 kg handled in the Member State in which the provider is established in the previous calendar year, broken down into national, incoming and outgoing cross- border postal items.arcels;
Amendment 190 #
Proposal for a regulation
Article 3 – paragraph 3 – point c a (new)
Article 3 – paragraph 3 – point c a (new)
(c a) publicly available prices applicable for parcel delivery services over the previous calendar year.
Amendment 191 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The Commission shall, by means of an implementing act, establish a form for the submission of the information referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 9 adopt delegated acts in accordance with article 9.1 in order to supplement this Regulation by laying down a standardized form for the submission of the information referred to in paragraph 1 of this Article.
Amendment 201 #
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 210 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. UnAll parcel deliversaly services providers providing parcel delivery servicand their subsidiaries shall provide the national regulatory authority of the Member State in whichere they are established with the public list of tariffs applicable oin 1 January of eachthe previous calendar year for the delivery of postal items falling within the categories listed in the Annex. That information shall be provided by 31 January of each calendar year at the latest.
Amendment 218 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Universal service providers providingAll parcel delivery services providers shall provide the national regulatory authority of the Member State in which they are established with the terminal rates applicable oin 1 January of eachthe previous calendar year to postal items originating from other Member States. That information shall be provided by 31 January of each calendar year at the latest.
Amendment 230 #
Proposal for a regulation
Article 5 – title
Article 5 – title
Assessing affordability ofment of cross-border tariffs
Amendment 231 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. The national regulatory authority shall assess the affordability ofidentify for each item listed in the Annex, the cross- border tariffs included in the public lists of tariffs obtained in accordance with Article 4(1) within 3 months of receipt of that information. In that assessment, in particular the following elements shall be takenfor parcel delivery services originating in its Member State that it considers unreasonably high based on the public list of tariffs obtained into account:rdance with Article 4.
Amendment 239 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 244 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 250 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
Amendment 258 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where the national regulatory authority concludes that cross-border tariffs referred to in paragraph 1 are not affordableunreasonably high, it shall request further necessary information and/or justification in relation to the level of those tariffs from the universal serviceparcel delivery provider.
Amendment 260 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The unParcel deliversaly service providers shall provide the national regulatory authority with the information and/or justification referred to in paragraph 2 within 15 working days of receipt of the request.
Amendment 274 #
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 small and medium sized enterprises, defined 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 277 #
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 279 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Before the reference offer is published, it shall be approved by the national regulatory authority. The national regulatory authority may, where necessary, impose changes to the reference offer to give effect to obligations set out in this Regulationcommunicated to the national regulatory authority.
Amendment 280 #
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 282 #
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.
Amendment 290 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Before XX/XX31/01/2019, and thereafter every four years, the Commission shall submit to the European Parliament, the Council and the Economic and Social Committee an evaluation report on the application of this Regulation accompanied where appropriate by a legislative proposal for its review.
Amendment 293 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) the extent to which transparent and non-discriminatory wholesale cross-border access as referred to in Article 6 has been granted by unparcel deliversaly service providers providing parcel delivery serviceowing more than the 5% of the national market share or established in more than one Member State and providing parcel delivery services; including as regards return shipments;