67 Amendments of Roberts ZĪLE related to 2016/0149(COD)
Amendment 85 #
Proposal for a regulation
Recital 1
Recital 1
(1) TIn a small number of cases the tariffs applicable to low volume senders of cross-border parcels and other postal items, particularly small and medium-sized enterprises and individuals, are still relatively high. This has a direct negative impact on users seeking cross- border parcel delivery services, especially in the context of e-commerce.
Amendment 94 #
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, it is necessary to improve the transparency of public lists of tariffs for a limited set of cross-border parcel delivery services offered by unparcel deliversaly 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 serviceMaking cross-border prices more transparent and easily comparable across the Union should encourage the reduction of unreasonable high tariffs.
Amendment 114 #
Proposal for a regulation
Recital 8
Recital 8
(8) Therefore is a lack of exact definition, what is essential difference between ,,postal”, ,,express” or ,,courier” services. Taking into account, that for e-commerce purposes universal service providers offer also additional options, such as track- and-trace, electronic notifications of delivery, choice of delivery at the home or other premises, that to a certain extent are similar to the services offered by other parcel delivery companies, for the purpose of implementing this Regulation, it is important to provide a clear definition of parcels and parcel delivery services and to specify which postal items are covered by thatese definitions. This concerns in particular postal items, other than items of correspondence, which because of their weight are commonly used for sending goods and merchandise. This Regulation should therefore cover, in line with consistent practice, postal itemarcels weighing up to 31.5 kg, as heavier items cannot be handled by a single average individual without mechanical aids. In line with current practice and Directive 97/67/EC, each and are subjects of the freight transport and logistics sector regulation. Providers of parcel delivery services using alternative business models, for example those drawing on the collaborative economy and e-commerce platforms can involve other contractual undertakings to provide some steps in the postal chain, i.e.delivery chain such as clearance, sorting and delivery should be consideredof parcel. The latters should not be subject to this Regulation, if they provide these services as subcontractors of other parcel delivery service providers. Transport alone that is not undertaken in conjunction with one of those steps should fall outside the scope of parcel delivery services as it canshould in this case be assumed that this activity is part of the transport sector.
Amendment 126 #
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 on the basis of appropriate authorisations procedures or other legal requirements. New business models are widespread, especially in the parcel and express industry, non-standard employment contracts are commonly used by parcel operators, who also use contract service subcontractors and self-employed staff to carry out the delivery tasks. 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 of 10 persons should be applied, based on the number of persons working for the service provider and involved in the provision of parcel delivery services. over the previous calendar year for the service provider including subcontractors and involved in the provision of parcel delivery services unless that provider is established in more than one Member State. This threshold is in line with Commission Recommendation 2003/361 of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises, reflects the labour intensive nature of the sector and captures most of the parcel delivery market and level of market share, especially in countries with low volumes of parcels flows. The average number of persons should include full- time, part-time and temporary employees as well as self-employed workers persons and employees of subcontractors involved.
Amendment 128 #
Proposal for a regulation
Recital 12
Recital 12
(12) When providing information to the national regulatory authority, it should be taken into account that parcel delivery service providers may have already provided certain information to the same national regulatory authority. Parcel delivery services are important for small and medium-sized enterprises and individuals and they should be able to compare easily between different providers. Therefore, the services for which tariffs should be provided by universalcross- border parcel delivery service providers should be clearly defined. Those tariffs should be published by the Commission on a dedicated webpage and should, together with the confidential regular provision of the underlying terminal rates, constitute the basis for the national regulatory authorities to assess the affordability of tariffs for cross-border parcel delivery services. Parcel delivery service providers other than universal service providers may voluntarily provide, in a comparable form, their national regulatory authority with the tariffs for the same items provided that such items are delivered at the home or the premises of the addressee.
Amendment 143 #
Proposal for a regulation
Recital 16
Recital 16
(16) Significant differences between domestic and cross-border tariffs for parcel delivery services should be justified by objective criteria, such as additional costs for transport and a reasonable profit margin. Universal service providers providing parcel delivery services should be required to provide such justification without delay.
Amendment 151 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 156 #
Proposal for a regulation
Recital 19
Recital 19
Amendment 165 #
Proposal for a regulation
Chapter 1 – title
Chapter 1 – title
Amendment 168 #
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Regulation establishes specific rules, in addition to the rules set out in Directive 97/67/EC for the provision of parcel delivery services, concerning:
Amendment 176 #
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
Amendment 179 #
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article 1 a Scope 1. For the purposes of this Regulation parcel delivery services referred to in Aricle 2 of this Regulation are considered as postal services1 and are dividing into: - parcel delivery services under universal service obligation; - services, which comprise courier, express and other parcel delivery services with or without value added features. [1] by the means of Statistical classification of economic activities in the European Community (NACE http://ec.europa.eu/eurostat/documents/38 59598/5902521/KS-RA-07-015- EN.PDF/dd5443f5-b886-40e4-920d- 9df03590ff91?version=1.0
Amendment 185 #
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) “parcel delivery service provider” means an undertaking that provides one or more parcel delivery services and which has appropriate authorization for the provision of parcel delivery services relevant to the national legislation of country where services referred to in paragraph 2 (a) are provided; undertaking that only provides domestic parcel delivery services as part of a sales contract as defined by point 5 of Article 2.5 of Directive 2011/83/EU and as part of that contract the undertaking personally delivers those goods to the consumer, or undertaking that provides the clearance, sorting, transport or distribution of parcels and other subcontracting companies that provides services for the parcel delivery service provider on contractual basis shall not be considered as parcel delivery service provider;
Amendment 188 #
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) “parcel delivery services” means services involving the clearance, sorting, transport orand distribution of postal items other than items of correspondence; transport alone shall not be considered a parcel delivery service; delivery of such items exceeding 31,5 kg shall not be considered a parcel delivery servicearcels;
Amendment 194 #
Proposal for a regulation
Article 2 – paragraph 2 – point a a (new)
Article 2 – paragraph 2 – point a a (new)
(aa) (-a) “parcel” means a postal item with a weight not exceeding 31,5 kg excluding items of correspondence;
Amendment 199 #
Proposal for a regulation
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
Amendment 203 #
Proposal for a regulation
Article 2 – paragraph 2 – point c a (new)
Article 2 – paragraph 2 – point c a (new)
(ca) “Express delivery service” means services featuring, in addition to greater speed and reliability in the collection, distribution, and delivery of items, all or some of the following supplementary facilities: guarantee of delivery by a fixed date; collection from point of origin; personal delivery to addressee; possibility of changing the destination and address in transit; confirmation to sender of receipt of the item dispatched; monitoring and tracking of items dispatched; personalised service for customers and provision of an à la carte service, as and when required.
Amendment 204 #
Proposal for a regulation
Article 2 – paragraph 2 – point c b (new)
Article 2 – paragraph 2 – point c b (new)
(cb) “Courier services” means postal services in which the item is always under the permanent responsibility of the same person from collection till delivery to addressee.
Amendment 217 #
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. By 31 March0 June of each calendar year, all parcel delivery service providers shall submit the following information to the national regulatory authority of the Member State in which they are established:
Amendment 219 #
Proposal for a regulation
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) the annual turnover in parcel delivery services for the previous calendar year in the Member State in which the provider is established, broken down in parcel delivery services relating to national, incoming and outgoing cross- border postal itemarcels;
Amendment 221 #
Proposal for a regulation
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
(b) the average number of persons working for the parcel delivery service provider and involved in the provision of parcel delivery services over the previous calendar year in the Member State in which theat provider is established in the previous calendar year. The average number of persons shall include full-time, part-time, temporary employees, self-employed persons and persons of subcontracting companies working for this parcel delivery services provider, where applicable.
Amendment 225 #
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 kgarcels handled in the Member State in which the parcel delivery service provider is established in the previous calendar year, broken down into national, incoming and outgoing cross- border postal itemarcels.
Amendment 233 #
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. AThis Article shall not apply to a parcel delivery service provider which employs fewer than 50 persons shall not be subject to the obligatthemselves and together with other involved persons in the clearance, sorting, transport or distribution of parcels for this parcel delivery services provider over the previonus under paragraph 1 and 2calendar year, on average fewer than 10 persons, unless that provider is established in more than one Member State. The average number of persons shall include all those working for parcel delivery services provider on a full-time, part-time, temporary, non- guaranteed hours and self-employed basis, as well employees of any subsidiaries and linked subcontracting undertakings.
Amendment 238 #
Proposal for a regulation
Article 3 – paragraph 6 a (new)
Article 3 – paragraph 6 a (new)
6a. Provisions referred to in point 6 are applied without prejudice to the national legislative procedures and obligations to submit information requested by the competent national regulatory authorities from parcel delivery services providers.
Amendment 239 #
Proposal for a regulation
Article 3 – paragraph 6 b (new)
Article 3 – paragraph 6 b (new)
6b. For the purposes of preventing duplication of information to be submitted to the national regulatory authorities and getting accurate data of parcel market, parcel delivery service providers, when subcontracting other undertakings with an aim to ensure a part of parcel delivery services chain, shall submit information requested under this Article, taking into account the following criteria: (a) the number of domestic parcels handled shall include total number of parcels collected from senders together with those collected by all undertakings working for this parcel delivery service provider; (b) the number of incoming cross-border parcels shall include the number of parcels which this parcel delivery service provider, together with all undertakings working for this parcel delivery service provider, directly receives from the parcel delivery service provider of origin Member State; (c) the number of outgoing cross-border parcels shall include total number of parcels that this parcel delivery service provider directly sent to the parcel delivery services provider of destination Member State; (d) the information on annual turnover of the parcel delivery service provider shall be submitted only by those parcel delivery service providers directly collecting charges from senders (or addressee if applicable) for the parcel delivery services.
Amendment 245 #
Proposal for a regulation
Article 4 – title
Article 4 – title
Transparency of tariffs and terminal rates
Amendment 253 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Universal service providers providingCross-border parcel delivery service providers shall provide the national regulatory authority of the Member State in which they are established with the public list of tariffs applicable on 1 January of each calendar year for the delivery of postal itemarcels falling within the categories listed in the Annex. That information shall be provided by 31 Jan28February of each calendar year at the latest.
Amendment 255 #
2. The national regulatory authorities shall without delay and by 28 February31 March of each calendar year at the latest submit the public lists of tariffs obtained in accordance with paragraph 1 to the Commission. The Commission shall publish them on a dedicated neutral website by 30 April of each calendar year at the latest. This website site should not carry out any commercial activities.
Amendment 262 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 273 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 277 #
Proposal for a regulation
Article 5 – title
Article 5 – title
Assessing affordability ofof certain cross-border tariffs
Amendment 282 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. TIf the national regulatory authority deems it necessary, it shall assess the affordability of 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 thatThe assessment, in particular the following elements shall be taken shall apply only to tariffs related to services that are part of the universal service obligation and should be lead into account:rdance with article 12 of the Postal Services Directive (97/67/EC).
Amendment 291 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 300 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 304 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
Amendment 305 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 (new)
Article 5 – paragraph 1 – subparagraph 1 (new)
The assessment shall not be deemed necessary in particular where: (a) The tariffs are subject to price regulation under national legislation or (b) Similar services are offered by another parcel delivery service provider
Amendment 307 #
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 affordable, it shall request further necessary infIn carrying out its initial assessment referred to in paragraph 1, the national regulatory authority shall in particular take into account the following elements: terms of geographic scope, service characteristics, including added value features, their intended use and pricing, other relevant cost criteria such as labour costs, transpormtation and/or justification in relation to the level of those tariffscosts, specific handling costs and service quality standards. For this purpose the national regulatory authority may request any relevant evidence from the universal service provider.
Amendment 324 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The universal service provider shall provide the national regulatory authority with the information and/or justification referred to in paragraph 2 within 1530 working days of receipt of the request.
Amendment 328 #
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Where the national regulatory authority in its initial assessment considers that cross-border tariffs referred to in paragraph 1 are unreasonable high, it may request additional information from the universal service provider in relation to detailed assessment of the level of those tariffs and evaluate whether these tariffs meet conformity with the principles referred to in Directive 97/67/EC set for the tariffs of the services fall into the scope of the universal service obligation.
Amendment 329 #
Proposal for a regulation
Article 5 – paragraph 3 b (new)
Article 5 – paragraph 3 b (new)
3b. The national regulatory authorities shall in accordance with national and Union law ensure the confidentiality and data protection of the assessment and evidence provided in accordance with paragraphs 2 and 3a.
Amendment 330 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The national regulatory authority shall submit its assessment, including any information and/or justification provided in accordance with paragraph 3a non-confidential version of its assessment, to the Commission, and the national regulatory authorities of the other Member States and the national authorities within the Member State of the submitting national regulatory authority entrusted with the implementation of competition law. A non-confidential version of that assessment shall also be provided to the Commission. That information shall be provided by 31 MarchJune of each calendar year at the latest.
Amendment 334 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. The Commission shall publish the non-confidential version of the assessment provided by the national regulatory authorities in accordance with paragraph 4 on the dedicated website by 30 AprilJuly of each calendar year at the latest.
Amendment 341 #
Proposal for a regulation
Article 6
Article 6
Amendment 382 #
Proposal for a regulation
Annex I – subheading 1
Annex I – subheading 1
Postal items for which the public list of national and all cross-border tpariffs to other Member Statecel delivery service provider’s tariffs shall be notified to the national regulatory authorities:.
Amendment 385 #
Proposal for a regulation
Annex I – subheading 1 a (new)
Annex I – subheading 1 a (new)
Amendment 386 #
Proposal for a regulation
Annex I – point a
Annex I – point a
Amendment 388 #
Proposal for a regulation
Annex I – point b
Annex I – point b
Amendment 390 #
Proposal for a regulation
Annex I – point c
Annex I – point c
Amendment 392 #
Proposal for a regulation
Annex I – point d
Annex I – point d
Amendment 394 #
Proposal for a regulation
Annex I – point e
Annex I – point e
Amendment 396 #
Proposal for a regulation
Annex I – point f
Annex I – point f
Amendment 399 #
Proposal for a regulation
Annex I – point g
Annex I – point g
Amendment 400 #
Proposal for a regulation
Annex I – point h
Annex I – point h
Amendment 403 #
Proposal for a regulation
Annex I – point i
Annex I – point i
Amendment 405 #
Proposal for a regulation
Annex I – point j
Annex I – point j
Amendment 406 #
Proposal for a regulation
Annex I – point k
Annex I – point k
Amendment 408 #
Proposal for a regulation
Annex I – point l
Annex I – point l
Amendment 410 #
Proposal for a regulation
Annex I – point m
Annex I – point m
Amendment 411 #
Proposal for a regulation
Annex I – point n
Annex I – point n
Amendment 413 #
Proposal for a regulation
Annex I – point o
Annex I – point o
Amendment 414 #
Proposal for a regulation
Annex I – paragraph 1 – introductory part
Annex I – paragraph 1 – introductory part
3. The postal items, as defined above, shall meet the following criteria of size and weight:
Amendment 416 #
Proposal for a regulation
Annex I – paragraph 1 – point a
Annex I – paragraph 1 – point a
(a) The size limits of the postal items a-ilisted in point 1 (a) to (i) (letter mail products ) shall follow the following rule: Length, width and depththickness combined: 900 mm, the greatest dimension mayshall not exceed 600 mm the smallest dimension shall exceed 20mm, weight shall exceed 500 grams;
Amendment 419 #
Proposal for a regulation
Annex I – paragraph 1 – point b
Annex I – paragraph 1 – point b
(b) The parcels (items j-size of parcels listed in point 1 (j) to (o) shall not be smaller than the size prescribed for letters (a-listed in point 1 (a) to (i).
Amendment 420 #
Proposal for a regulation
Annex I – paragraph 2
Annex I – paragraph 2
Amendment 422 #
Proposal for a regulation
Annex I – paragraph 3
Annex I – paragraph 3
(**b) The value of the tariffs shall be provided to the national regulatory authorities net of VAT.
Amendment 423 #
Proposal for a regulation
Annex I – paragraph 4
Annex I – paragraph 4
(***) Pc) Parcel delivery services providers who offer more than one productof postal items meeting the criteria above should report the least expensive pricetariff.
Amendment 424 #
Proposal for a regulation
Annex I – paragraph 5
Annex I – paragraph 5
(****d) The tariffs aboveof postal items listed in point 1 shall correspond to items delivered at the home or other premises in the destination Member State of destination. if tariff for certain postal item includes such option without additional charge. (e) Parcel delivery services providers may establish tariffs for postal items listed in point 1 with weight witch differs from weights listed in this paragraph and falls into range between two directly following postal items ranges listed in point 1 (a) to (o). In such case parcel delivery service provider notifies for the national regulatory authority according to the Article 4(1) the tariffs of postal items with weight which should not be lower than weight of item with smaller weight of certain range and should not exceed the weight of item with smaller weight of next range.