European Parliament legislative resolution on the proposal for a European Parliament and Council regulation on action by Member States concerning public service requirements and the award of public service contracts in passenger transport by rail, road and inland waterway (COM(2000) 7 — C5-0326/2000 — 2000/0212(COD))
Date: 2001-11-14
Institutions: European Parliament
Subjects: carriage of passengers, competition, liberalisation of the market, means of public conveyance, provision of services, public contract

C 140 E/282

Official Journal of the European Communities

EN

13.6.2002

Wednesday 14 November 2001

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Annex, as changes in the Community’s international obli-
gations require, by publishing a notice in the ‘L’ series of the
Official Journal of the European Communities.

the obligations with regard to staff, equipment and business
operation which apply in the Member States. The Commis-
sion shall update the Annex, as changes in the Community’s
international obligations require, by publishing a notice in the
‘L’ series of the Official Journal of the European Communities.

Amendment 95
Article 19, paragraph 2

2.
The Commission shall prepare a report within five years
of its entry into force on how this Regulation has been applied
in the Member States, and the consequences for passengers,
and shall propose amendments to the Regulation if necessary.
The report shall include an examination of the operation of
the exemption established in Article 7(4).

2.
The Commission shall prepare a report within five years
of its entry into force on how this Regulation has been applied
in the Member States, and shall propose amendments to the
Regulation if necessary. The report shall address the con-
concerned,
for passengers and the personnel
sequences
improvement of quality of services and employment trends
in terms of quality and quantity.

Amendment 96
Annex I, point 9

Costs resulting from the fulfilment of public service
9.
requirements shall be calculated on the basis of efficient
management of the operator and the provision of transport
services of an adequate quality.

Deleted

The amount of compensation shall be fixed in advance for
the duration of the contract or compensation scheme, with
the exception that the contract or scheme may provide for
the amount of compensation to be adjusted based on prede-
termined factors. Compensation amounts shall in any case
remain fixed for a period of at least one year.

Compensation for complying with public service requirements
may only be given where the operator in question, if it were
considering its own commercial interests, would not, in the
the requirement or
absence of
would not fulfil it to the same extent or under the same con-
ditions.

this compensation,

fulfil

European Parliament legislative resolution on the proposal for a European Parliament and Council
regulation on action by Member States concerning public service requirements and the award of
public service contracts in passenger transport by rail, road and inland waterway (COM(2000) 7 #
C5-0326/2000 # 2000/0212(COD))

(Codecision procedure: first reading)

The European Parliament,

. having regard to the Commission proposal

to the European Parliament and the Council

(COM(2000) 7) (1),

. having regard to Articles 251(2), 71 and 89 of the EC Treaty, pursuant to which the Commission

submitted the proposal to Parliament (C5-0326/2000),

(1) OJ C 365 E, 19.12.2000, p. 169.

13.6.2002

EN

Official Journal of the European Communities

C 140 E/283

Wednesday 14 November 2001

. having regard to Rule 67 of its Rules of Procedure,

. having regard to the report of the Committee on Regional Policy, Transport and Tourism and the
opinions of the Committee on Economic and Monetary Affairs and the Committee on Legal Affairs
and the Internal Market (A5-0364/2001),

1.

Approves the Commission proposal as amended;

Asks to be consulted again should the Commission intend to amend the proposal substantially or

2.
replace it with another text;

3.

Instructs its President to forward its position to the Council and Commission.

3. Market access to port services ***I

A5-0354/2001

Proposal for a European Parliament and Council directive on market access to port services
(COM(2001) 35 # C5-0078/2001 # 2001/0047(COD))

The proposal was amended as follows:

TEXT PROPOSED
BY THE COMMISSION (1)

AMENDMENTS
BY PARLIAMENT

Amendment 1
Recital 1

(1) The objective of Article 49 of the Treaty is to eliminate
the restrictions on freedom to provide services in the Com-
munity; in accordance with Article 51 of the Treaty, that objec-
tive must be achieved within the framework of the common
transport policy.

(1) The objective of Article 49 of the Treaty is to eliminate
the restrictions on freedom to provide services in the Com-
munity; in accordance with Article 51 of the Treaty, that objec-
tive must be achieved within the framework of the common
transport policy; Article 6 of the Treaty provides that environ-
mental protection requirements must be integrated in the
definition and implementation of Community policies and
activities.

Amendment 2
Recital 7

(7) Diverse national legislations and practices have led to dis-
parities in the procedures applied and have created legal uncer-
tainty regarding the rights of providers of port services and the
duties of competent authorities. It is in the Community’s inter-
est, therefore, to establish a Community legal framework which
lays down basic rules on access to the port services market, the
rights and obligations of current and prospective service pro-
viders, the managing bodies of the ports, as well as on the
procedures accompanying the authorisations and selection pro-
cesses.

(1) OJ C 154 E, 29.5.2001, p. 290.

(7) Diverse national legislations and practices have led to dis-
parities in the procedures applied and have created legal uncer-
tainty regarding the rights of providers of port services and the
duties of competent authorities. It is in the Community’s inter-
est, therefore, to establish a Community legal framework and
lay down basic rules on access to the port services market, the
rights and obligations of current and prospective service pro-
viders,
the procedures
accompanying the authorisation and selection processes, as
well as on the right of Member States to classify certain ser-
vices, particularly technical-nautical services, as services of
general
interest in order to protect the public interest as
regards safety in ports and adjacent waters.

the managing bodies of

the ports,