24 Amendments of Marita ULVSKOG related to 2017/0288(COD)

Proposal for a regulation
Recital 4

(4) Commercial regular service operations should 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 case.~~

2018/10/04
Committee: TRAN

Lucy ANDERSON, Marita ULVSKOG, Theresa GRIFFIN

Proposal for a regulation
Recital 5

(5) Regular services in the form of cabotage operations should be conditional on the possession of a Community licence, be of a temporary nature and be provided only in connection with international transport. In order to facilitate effective controls of those services by enforcement authorities, the rules regarding the issuing of Community licences should be clarified.

2018/10/04
Committee: TRAN

Proposal for a regulation
Recital 6

(6) In order to ensure fair competition in the market when necessary, 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~~ if it is in the public interest to do so.

2018/10/04
Committee: TRAN

Lucy ANDERSON, Marita ULVSKOG, Theresa GRIFFIN

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

Lucy ANDERSON, Marita ULVSKOG, Theresa GRIFFIN, Matt CARTHY

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, as long as they can demonstrate compliance with all relevant provisions of national, Union and international law.

2018/10/04
Committee: TRAN

Proposal for a regulation
Recital 10

(10) Administrative formalities should be reduced ~~as much as~~where 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
Recital 14

(14) In order to take into account market developments and technical progress the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend Annexes I and II to Regulation (EC) No 1073/2009, and to supplement that Regulation with rules concerning the format of certificates for own-account transport operations, the format of applications for authorisations and authorisations themselves, the procedure and criteria to be followed to determine if a proposed service would compromise the ~~economic~~ equilibrium of a public service contract, and the reporting obligations of Member States. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in line with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making18 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as the Member States’ experts, and the European Parliament and the Council experts should systematically have access to the Commission’s expert group meetings dealing with the preparation of delegated acts. _________________ 18 OJ L 123, 12.5.2016, p. 1.

2018/10/04
Committee: TRAN

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 temporary national road passenger services for hire or reward operated by a non- resident carrier as provided for in Chapter V.

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 temporary national road passenger transport service operated for hire or reward in a host Member State;

2018/10/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)

Regulation (EC) No 1073/2009
Article 3

2a. Article 3 is amended as follows: ‘Article 3 Freedom to provide services 1. Any carrier for hire or reward referred to in Article 1 shall be permitted in accordance with this Regulation to carry out regular services, including special regular services and occasional services by coach and bus, without discrimination on grounds of nationality or place of establishment if he: (a) is authorised in the Member State of establishment to undertake carriage by means of regular services, including special regular services, or occasional services by coach and bus, in accordance with the market access conditions laid down by national legislation; (b) satisfies the conditions laid down in accordance with Community rules on admission to the occupation of road passenger transport operator in national and international transport operations; (ba) has a legal person with a name, address and telephone number in the host Member State as a contact person for the authorities; and (c) meets legal requirements regarding the standards for drivers and vehicles as laid down, in particular, in Council Directive 92/6/EEC of 10 February 1992 on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community, Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic and Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers. 2. Any own-account carrier referred to in Article 1 shall be permitted to carry out the transport services pursuant to Article 5(5) without discrimination on grounds of nationality or place of establishment if he: (a) is authorised in the Member State of establishment to undertake carriage by coach and bus in accordance with the market-access conditions laid down in national legislation; and (b) meets legal requirements regarding the standards for drivers and vehicles as laid down, in particular, in Directives 92/6/EEC, 96/53/EC and 2003/59/EC. ’ Or. sv (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R1073&from=EN)

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~~.

2018/10/04
Committee: TRAN

Lucy ANDERSON, Marita ULVSKOG, Theresa GRIFFIN, Matt CARTHY

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;.

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 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.

2018/10/04
Committee: TRAN

Lucy ANDERSON, Marita ULVSKOG, Theresa GRIFFIN, Matt CARTHY

Proposal for a regulation
Article 1 – paragraph 1 – point 6

Regulation (EC) No 1073/2009
Article 5 a – paragraph 1 a (new)

1a. Where terminal operators grant access, bus and coach operators must comply with the terminal's existing terms and conditions.

2018/10/04
Committee: TRAN

Lucy ANDERSON, Marita ULVSKOG, Theresa GRIFFIN, Matt CARTHY

Proposal for a regulation
Article 1 – paragraph 1 – point 6

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

Requests for access may be refused ~~only on the grounds of lack of capacity~~for justified reasons of public interest, including environmental and capacity considerations.

2018/10/04
Committee: TRAN

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

Lucy ANDERSON, Marita ULVSKOG, Theresa GRIFFIN, Matt CARTHY

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

4. Authorisation shall be granted unless refusal can be justified on o~~ne or more of the grounds listed in points (a) to (d) of Article 8c(2)~~bjective grounds related to the public interest, such as that the service would compromise the equilibrium of a public service contract, environmental considerations or that the applicant has not complied with road transport or other relevant provisions of national, Union or international law..

2018/10/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 11

Regulation (EC) No 1073/2009
Article 8 d – paragraph 2 – subparagraph 1

The competent authorities that awarded a public service contract or the public service operators performing the public service contract may request the regulatory body to carry out an analysis of whether the ~~economic~~ equilibrium of the public service contract would be compromised.

2018/10/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 16

Regulation (EC) No 1073/2009
Article 15 – point c

(c) regular 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, 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.

2018/10/04
Committee: TRAN

Lucy ANDERSON, Marita ULVSKOG, Theresa GRIFFIN, Matt CARTHY

Proposal for a regulation
Article 1 – paragraph 1 – point 21

Regulation (EC) No 1073/2009
Article 28 – paragraph 5

5. By [please insert the date calculated 5 years after date of application of this Regulation], the Commission shall submit a report to the European Parliament and the Council on the application of this Regulation. The report shall include information on the extent to which this Regulation has contributed to a better functioning road passenger transport ~~marke~~system, in particular for passengers, the bus and coach workforce and the environment.

2018/10/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 21 a (new)

Regulation (EC) No 1073/2009
Annex II – part (b) – Article 1 – paragraph 2 – (c a) new

21a. In Annex II, part (b) is amended as follows: ‘2. This licence is issued by the competent authorities of the Member State of establishment of the carrier for hire or reward who: (a) is authorised in the Member State of establishment to undertake carriage by means of regular services, including special regular services, or occasional services by coach and bus; (b) satisfies the conditions laid down in accordance with Community rules on admission to the occupation of road passenger transport operator in national and international transport operations; (c) meets legal requirements regarding the standards for drivers and vehicles. ; and (ca) has a legal person with a name, address and telephone number in the host Member State as a contact person for the authorities.’ Or. sv (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R1073&from=EN)

2018/10/04
Committee: TRAN