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DRAFT 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

TRAN-PR-623746

Committee on Transport and Tourism · Rapporteur: Roberts Zīle

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The Committee on Transport and Tourism's draft report sets out Parliament's first-reading amendments to the Commission proposal amending Regulation (EC) No 1073/2009 on access to the international coach and bus market. It keeps the proposal's aim of opening national markets to non-resident carriers, while adding protection for public service contracts and urban services. It gives regulatory bodies powers to monitor competition and to reject applications that undermine fair competition or public service contracts. It sets rules on terminal access, authorisation deadlines, and lets member states require establishment or further liberalise their markets.

Committee position. The rapporteur keeps the proposal's aim of liberalising coach and bus markets but adds protection for public service contracts and urban services, competition safeguards, terminal access rules and flexibility for member states on establishment and further liberalisation.

Key points

  1. Deletes the Commission's recital on local excursions, so the article on local excursions stays in the regulation.
  2. Defines a 'terminal' as an authorised facility of at least 600m2 providing a parking place for setting down or picking up passengers.
  3. Gives the regulatory body power to monitor competition in the domestic regular road passenger market, including through sub-contracting, to prevent discrimination or abuse of a dominant position.
  4. Requires the regulatory body to collect and provide information on terminal access under fair, equitable, non-discriminatory and transparent conditions.
  5. Sets information deadlines: no later than one month, extendable by a maximum of two weeks, with penalties for enforcement; decisions must be public without undue delay and subject to prompt judicial review.
  6. Allows terminal access requests to be refused only for lack of capacity, requires the operator to inform the regulatory authority and to indicate alternatives or assist the applicant, and lets member states exclude terminals used solely by the operator.
  7. Requires terminal operators to consult relevant carriers and decide on access applications without delay and no later than two months, justifying refusals.
  8. Sets authorisation procedures for services under 100 km and of 100 km or more, with decisions no later than two months, extendable to four months where an analysis is requested.
  9. Lets member states suspend or withdraw an authorisation, with Commission agreement and six months' notice, if a service compromises a public service contract for unforeseen exceptional reasons; the carrier may appeal.
  10. Allows rejection of an application where a regulatory body finds the new service would compromise an existing or planned public service contract meeting conditions on bundled routes, no significant distorting subsidies, and transparent tendering for up to 10 years.
  11. Bars rejection solely because the carrier offers lower prices or because the link is already operated, unless the applicant plans below-normal-value services likely to undermine fair competition.
  12. Lets member states limit market access for services meeting urban, exclusive-right or under-100 km economic-equilibrium criteria, and allows further liberalisation and establishment requirements for non-resident carriers.

Who is affected

  • Coach and bus carriers: face new authorisation procedures, deadlines and competition rules for national and international services.
  • Terminal operators: must decide on access requests within two months, justify refusals and inform the regulatory authority.
  • Member states: may limit access, require establishment, exclude certain terminals and further liberalise their markets.
  • Regulatory bodies: gain powers to monitor competition, request information and carry out economic analyses.

Figures and deadlines

  • 600m2: minimum area of a terminal.
  • one month: deadline for supplying requested information, extendable by a maximum of two weeks.
  • two months: deadline for terminal operators to decide on access applications.
  • 100 kilometres as the crow flies: distance threshold for authorisation procedures.
  • six months: notice to the carrier before suspending or withdrawing an authorisation.
  • four months: deadline for the Commission to decide after consulting disagreeing member states.
  • 30 days: period after notification before the Commission's decision takes effect.
  • 10 years: maximum period for a competitively tendered public service contract under the new rejection ground.

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