(11)

the following Articles are inserted: ‘Article 8a Authorisation procedure Procedures for authorisation, suspension and withdrawal of authorisation for the international carriage of passengers over a distance of over 100 kilometres or more as the crow flies journey distance [Am. 45] 1. The authorising authority shall take a decision on the application within without delay and no later than two months of the date of submission of the application by the carrier. [Am. 46] 2. Authorisation shall be granted unless refusal can be justified on one or more of the grounds listed in points (a) to (c) (ca) of Article 8c(2). [Am. 47] 3. The authorising authority shall forward to the competent authorities of all Member States in whose territories passengers are picked up or set down, as well as to the competent authorities of Member States whose territories are crossed without passengers being picked up or set down, boarding or alighting a copy of the application, together with copies of any other relevant documentation, and its assessment within two weeks of receipt of the application, with a request for their agreement. The authorising authority shall also forward the relevant documents to the competent authorities of the Member States whose territories are crossed without passengers boarding or alighting , for information. [Am. 48] 3a. If one of the competent authorities of the Member States in whose territories passengers are boarding or alighting does not agree to the authorisation for one of the reasons set out in paragraph 2, authorisation may not be granted, but the matter may be referred to the Commission within one month of receipt of its reply. [Am. 49] 3b. After having consulted the Member States of the competent authorities which disagreed, the Commission shall, within four months of receipt of the communication from the authorising authority, take a decision. The decision shall take effect 30 days after its notification to the Member States concerned. [Am. 50] 3c. The Commission decision shall apply until such time as the Member States reach an agreement and the authorising authority adopts a decision on the application. [Am. 51] Article 8b Authorisation procedure for national regular services 1. The authorising authority shall take a decision on the application within no later than two months of the date of submission of the application by the carrier. This may be extended to four three months where an analysis is requested in accordance with point (d) of Article 8c(2). [Am. 52] 2. Authorisations for national regular services shall be granted unless refusal can be justified on one or more of the grounds listed in points (a) to (c) (ca) of Article 8c(2) and, if the service is carrying passengers over a distance of less up to, but no more than 100 kilometres as the crow flies journey distance , in point (d) of Article 8c(2). [Am. 53] 3. The distance referred to in paragraph 2 may be increased to 120 kilometres if the regular service to be introduced will serve a point of departure and a destination which are already served by more than one public service contract. [Am. 54] Article 8c Decisions of authorising authorities 1. Following the procedure laid down in Articles 8, 8a or 8b, the authorising authority shall grant the authorisation, grant the authorisation with limitations or reject the application. The authorising authority shall inform all the competent authorities referred to in Article 8(1) of its decision. 2. Decisions rejecting an application, or granting authorisation with limitations , or suspending or withdrawing authorisation shall state the reasons on which they are based and, where applicable, take into account the analyses of the regulatory body. The applicant or the carrier operating the service concerned shall have the possibility to appeal the decisions of the authorising authority . [Am. 55] Authorisation shall The application for authorisation may be granted unless rejection can be justified rejected only on one or more of the following grounds: [Am. 56] (a) the applicant is unable to provide the service which is the subject of the application with equipment directly available to it; (b) the applicant has not complied with national or international legislation on road transport, and in particular the conditions and requirements relating to authorisations for international road passenger services, or has committed serious infringements of Union or national or, where appropriate, regional road transport legislation in particular with regard to the rules applicable to vehicles and vehicle technical requirements and emissions standards as well as driving and rest periods for drivers; [Am. 57] (c) in the case of an application for renewal of authorisation, the conditions of authorisation have not been complied with; (ca) the applicant has requested authorisation for a regular service to run on the same route or an alternative route, where a competent authority has granted a public service operator an exclusive right to provide certain public passenger transport services in return for the discharge of public service obligations within the framework of a public service contract in accordance with Article 3 of Regulation (EC) No 1370/2007. This ground for rejection is without prejudice to point (1 a) of Article 8d of this Regulation; [Am. 58] (d) a regulatory body establishes on the basis of an objective economic analysis that the service would compromise the economic equilibrium of a public service contract. That analysis shall assess the relevant structural and geographical characteristics of the market and the network concerned (size, demand characteristics, network complexity, technical and geographical isolation, and the services covered by the contract), and account shall also be taken of whether the new service brings better quality services or more value for money. [Am. 59] Authorising authorities shall not reject an application solely on the grounds that the carrier requesting authorisation offers lower prices than those offered by other road carriers or unless the regulatory authority or other relevant national bodies establish that the applicant seeking to enter the market is planning to offer services below their normal value for an extended period of time, and that in doing so it is likely to undermine fair competition. Authorising authorities shall not reject an application solely due to the fact that the link in question is already operated by other road carriers. [Am. 60] 3. Member States shall ensure that decisions taken by the authorising authority are subject to judicial review. That review may have suspensive effect only when the immediate effect of the authorising authority’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. Article 8d Limitation of the right of access 1. Member States may limit the right of access to the international and national market for regular bus and coach services if the proposed regular service carries passengers over distances of less than up to 100 kilometres as the crow flies journey distance and if the service would compromise the economic equilibrium of a public service contract , or over any distance if it occurs in an urban or suburban centre or conurbation, or meets the transport needs between it and the surrounding areas, or that the applicant has not complied with road transport or other relevant provisions of national, Union or international law . [Am. 61] 1a. Where a competent authority has granted exclusive rights to an undertaking performing a public service in accordance with Article 3 of Regulation (EC) No 1370/2007, the protection of the exclusive rights shall only relate to the operation of public passenger transport services serving the same or alternative routes. That grant of exclusive rights shall not preclude the authorisation of new regular services where those services are not competing with the service provided in the public service contract, or operate on other routes. [Am. 62] 2. 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. Where such a request has been received, the regulatory body shall examine the request and may decide whether to carry out the economic analysis in accordance with point(d) of Article 8c(2)unless there are exceptional practical or other reasons justifying a decision not to do so. It shall inform the interested parties of its decision. [Am. 63] 3. Where the regulatory body carries out an economic analysis, it shall inform all interested parties of the results of that analysis and its conclusions within six weeks as soon as possible, and no later than 3 months following receipt of all relevant information. The regulatory body may conclude that the authorisation is to be granted, is to be granted subject to conditions or is to be rejected. [Am. 64] The conclusions of the regulatory body shall be binding on the authorising authorities. 4. The competent authorities and the public service operators shall provide the regulatory body with the necessary information for the purposes of paragraphs 2 and 3. 5. The Commission is empowered to adopt delegated acts in accordance with Article 26 establishing the procedure and criteria to be followed for the application of this Article , in particular in carrying out the economic analysis; [Am. 65] 5a. Member States may further liberalise the authorisation system for national regular services with regard to authorisation procedures and kilometre thresholds. ’; [Am. 66]