[ParlTrack]

Proposal for a regulation
–

The Committee on Internal Market and Consumer Protection calls on the Committee on Transport and Tourism, as the committee responsible, to propose rejection of the Proposal for a Regulation of the European Parliament and of the Council on cross-border parcel delivery services.

2017/03/30
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Recital 3

(3) The market for cross-border parcel delivery services is diverse and complex and competitive, with different providers offering different services and prices depending on weight, size and format of the items sent as well as destination, added value features, such as traceability solutions, and the number of items sent. That diversity makes parcel delivery services hard to compare between different providers, both in terms of quality and price. Furthermore, low volume senders, such as small and medium-sized enterprises and individuals are often not aware of the existence of different parcel delivery services offered.

2017/03/30
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Recital 6

(6) Currently, postal services are regulated by Directive 97/67/EC of the European Parliament and of the Council49 . This Directive establishes common rules governing the provision of postal services and the universal postal service in the Union. It focuses primarily, but not exclusively, on national universal services and does not address regulatory oversight of parcel delivery service providers, transparency of tariffs and terminal rates for certain cross-border parcel delivery services, the assessment of the affordability of tariffs for certain cross-border parcel delivery services and transparent and non-discriminatory access to certain cross-border parcel delivery services and/or infrastructure. This Regulation therefore complements, insofar as cross-border parcel delivery services are concerned, the rules set out in Directive 97/67/EC. _________________ 49Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service (OJ L 1, 21.1.1998, p 14 - 25).deleted

2017/03/30
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Recital 16

(16) ~~Significant~~In case of a price differences between the domestic and cross-border tariffs for parcel delivery services that is higher than 1.5 times the average tarriff between the parcel delivery services of the originating Member State and the destination Member State, this should be justified by objective criteria, such as additional costs for transport and a reasonable profit margin. ~~Universa~~Parcel service providers ~~providing parcel delivery services~~ should be required to provide such justification without delay.

2017/03/30
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Recital 22

(22) In order to ensure uniform conditions for the implementation of the obligation for parcel delivery providers to submit information to national regulatory authorities, ~~implementing~~delegated powers should be conferred on the Commission to establish a form for the submission of such information. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council50 . _________________ 50 Regulation (EU) 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13 - 18).

2017/03/30
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Recital 23 a (new)

(23 a) In order to study the effects of this Regulation the Member States shall report on the developments of the working conditions of all persons working in the parcel delivery sector, as well as the environmental effects caused by increased road traffic and subsequent increased emissions.

2017/03/30
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Recital 25

(25) Since the objectives of this Regulation, namely to establish the regulatory principles and rules necessary to improve regulatory oversight, to improve transparency of prices and establish certain principles as regards cross-border parcel delivery services that should support competition, cannot be sufficiently achieved by the Member States and can therefore, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.deleted

2017/03/30
Committee: IMCO

Dennis de JONG

Proposal for a regulation
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 year, including an overview of the working conditions for all persons working for the provider.

2017/03/30
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 4 – paragraph 3

3. Universal service providers providing parcel delivery services shall provide the national regulatory authority with the terminal rates applicable on 1 January of each 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.deleted

2017/03/30
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 4 – paragraph 4

4. The national regulatory authorities shall submit the terminal rates obtained in accordance with paragraph 3 to the Commission and the national regulatory authorities of the originating Member States by 28 of February of each calendar year at the latest.deleted

2017/03/30
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 5

1. The national regulatory authority 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 that assessment, in particular the following elements shall be taken into account: (a) the domestic tariffs of the comparable parcel delivery services in the originating Member State and in the destination Member State; (b) the terminal rates obtained in accordance with Article 4(3); (c) any application of a uniform tariff to two or more Member States. 2. Where the national regulatory authority concludes that cross-border tariffs referred to in paragraph 1 are not affordable, it shall request further necessary information and/or justification in relation to the level of those tariffs from the universal service provider. 3. The universal service provider 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. 4. The national regulatory authority shall submit its assessment, including any information and/or justification provided in accordance with paragraph 3, to the Commission, 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 March of each calendar year at the latest. 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 April of each calendar year at the latest.Article 5 deleted Assessing affordability of tariffs

2017/03/30
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 5 – paragraph 1 – introductory part

1. The national regulatory authority shall assess the affordability of cross- border tariffs ~~included in the public lists of tariffs obtained in accordance with Art~~when the costs are higher than 1.5 times the average between the domestic tariffs of the parcel delivery servicle ~~4(1) within 3 months of receipt of that information~~of the orginating Member States and the parcel delivery service in the destination Member State. In that assessment, in particular the following elements shall be taken into account:

2017/03/30
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 6

Transparent and non-discriminatory 1. Whenever universal service providers providing parcel delivery services conclude multilateral agreements on terminal rates they shall meet all reasonable requests for 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. 2. The point at which access should be provided shall be the inward office of exchange in the destination Member State 3. Universal service providers referred to in paragraph 1 shall publish a reference offer. The reference offer shall contain all the relevant associated terms and conditions, including prices. 4. The reference offer shall include all components necessary for access as referred to in paragraph 1, including any conditions limiting access to and/or use of services where such conditions are allowed by Member States in conformity with Union law. 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 Regulation. 6. Universal 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 requesting access within the meaning of that paragraph at the latest one month after the receipt of the request. Universal service providers receiving an access request and providers requesting access shall negotiate in good faith. 7. When no agreement is reached on the basis of the individual offer referred to in paragraph 6, the parcel delivery service provider requesting access may submit the individual offer made by the universal 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. 8. The access shall be operationally ensured within a reasonable period of time, not exceeding three months from the conclusion of the contract.Article 6 deleted cross-border access

2017/03/30
Committee: IMCO

Activities of Dennis de JONG related to 2016/0149(COD)

Shadow opinions (1)

Amendments (13)

ParlTrack - 2011-2024