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REPORT (COM(2017)0647 – C80396/2017 – 2017/0288(COD))

On the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1073/2009 on common rules for access to the international market for coach and bus services

A-8-2019-0032 · A8-0032/2019

Committee on Transport and Tourism · Rapporteur: Roberts Zīle

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Parliament's amended version of the Commission proposal to amend Regulation (EC) No 1073/2009 on access to the international coach and bus market. It extends the rules to all inter-urban regular services, keeps them out of urban centres, and requires each member state to designate an independent regulatory body. It sets authorisation procedures for services up to 100 kilometres journey distance and over 100 kilometres, with deadlines, grounds for refusal and a role for the Commission when authorities disagree. It protects public service contracts: member states may limit access where a service would compromise a contract's economic equilibrium, and authorisation may be suspended or withdrawn with six months' notice. It lays down rules on terminal access, cabotage, journey forms, reporting and delegated acts, and allows member states to require establishment of non-resident carriers or to liberalise further.

Committee position. The Committee on Transport and Tourism proposes to amend the Commission proposal to further liberalise the coach and bus market while protecting public service contracts and urban areas, ensuring fair competition and allowing member states flexibility.

Key points

  1. Regulation (EC) No 1073/2009 would apply to all inter-urban regular services, but not to urban or suburban centres or conurbations, and without prejudice to Regulation (EC) No 1370/2007.
  2. Each member state must designate an independent and impartial national public regulatory body for road passenger transport, which may also cover other regulated services.
  3. The regulatory body monitors competition, issues binding opinions, collects information on terminal access, decides appeals against terminal operators and creates a public electronic register of authorised regular services.
  4. Information requested by the regulatory body must be supplied within one month, extendable by up to two weeks, and requests can be enforced with penalties.
  5. Terminal access must be fair, equitable, non-discriminatory and transparent; refusals are allowed only on justified grounds such as lack of capacity or repeated failure to pay fees, and must be notified to the regulatory authority.
  6. Terminal operators must decide on access applications without delay and no later than one month, and must publish information including infrastructure and technical specifications in the respective national language and one other official Union language.
  7. Member states may exclude terminals owned and used solely by the terminal operator for its own road passenger transport services.
  8. For international services up to 100 kilometres journey distance, authorisations are issued in agreement with the member states concerned, which must reply within two months; the authorising authority decides within three months.
  9. For international services over 100 kilometres journey distance, the authorising authority decides within two months; if a member state disagrees, the Commission decides within four months.
  10. Authorisation may be refused on grounds including non-compliance with road transport legislation, serious infringements, exclusive rights under a public service contract, or a regulatory body finding that the service would compromise a public service contract's economic equilibrium.
  11. Member states may limit market access for services up to 100 kilometres journey distance that would compromise a public service contract, or over any distance in urban or suburban centres, and may further liberalise their authorisation systems.
  12. Cabotage rules are set: regular services by non-resident carriers in the course of an international service are allowed, occasional services need a journey form, and posting rules under Directive 96/71/EC apply.

Who is affected

  • Coach and bus operators: face new authorisation procedures, terminal access rules and possible establishment requirements in host member states.
  • Member states: must designate a regulatory body, may limit access to protect public service contracts and may exclude certain terminals.
  • Terminal operators: must grant access on fair terms, decide applications within one month and publish specified information.
  • Passengers: the rules aim to improve availability and quality of inter-urban coach and bus services.

Figures and deadlines

  • 100 kilometres journey distance: threshold for authorisation procedures and for limiting market access.
  • one month: deadline for terminal operators to decide on access applications.
  • two months: deadline for member states to reply on authorisation for services up to 100 kilometres.
  • three months: deadline for the authorising authority to decide on services up to 100 kilometres.
  • two months: deadline for the authorising authority to decide on services over 100 kilometres.
  • four months: deadline for the Commission to decide when member states disagree on services over 100 kilometres.
  • six months' notice: required before suspending or withdrawing an authorisation that compromised a public service contract.
  • 31 January: annual deadline for member states to communicate authorisation data to the Commission.

Legal basis: Article 294(2) and Article 91(1) of the Treaty on the Functioning of the European Union.