# EUR-Lex - 52012PC0043 - EN

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# 52012PC0043

**Proposal for a COUNCIL DECISION on the position to be taken by the European Union in the EEA Joint Committeeconcerning an amendment to Annex XIII (Transport) /* COM/2012/043 final - 2012/0009 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

In order to ensure the requisite legal
security and homogeneity of the Internal Market, the EEA Joint Committee is to
integrate all the relevant Union legislation into the EEA Agreement as soon as
possible after its adoption.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

The draft Decision of the EEA Joint
Committee (annexed to the proposed Council Decision) aims to amend Annex XIII
(transport) by adding new Union acquis in this field. This concerns

(a)
Regulation (EC) No 1071/2009 of the European
Parliament and of the Council of 21 October 2009 establishing common rules
concerning the conditions to be complied with to pursue the occupation of road
transport operator,

(b)
Regulation (EC) No 1072/2009 of the European
Parliament and of the Council of 21 October 2009 on common rules for access to
the international road haulage market (recast), and

(c)
Regulation (EC) No 1073/2009 of the European
Parliament and of the Council of 21 October 2009 on common rules for access to
the international market for coach and bus services.

which are to be incorporated into the
Agreement.

For the purpose of the implementation of
these acts, certain adaptations are proposed e.g. concerning mutual recognition
of certificates and licences and model forms are annexed to the draft EEA Joint
Committee Decision.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

Article 1(3) of Council Regulation (EC) No
2894/94 concerning arrangements for implementing the EEA Agreement provides
that the Council establishes the position to be adopted on the Union’s behalf
on such Decisions, on a proposal from the Commission.

The Commission submits the Draft Decision
of the EEA Joint Committee for adoption by the Council as the Union’s position.
The Commission would hope to be able to present it in the EEA Joint Committee
at the earliest possible opportunity.

2012/0009 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken by the
European Union in the EEA Joint Committee
concerning an amendment to Annex XIII (Transport)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning
of the European Union, and in particular Articles 91(1) and 218 (9) thereof,

Having regard to the proposal from the
European Commission,

Whereas:

(1)
Annex XIII to the Agreement on the European
Economic Area, ("the EEA Agreement") contains specific provisions and
arrangements concerning transport.

(2)
Regulation (EC) No 1071/2009 of the European
Parliament and of the Council of 21 October 2009 establishing common rules
concerning the conditions to be complied with to pursue the occupation of road
transport operator and repealing Council Directive 96/26/EC[1] should be incorporated into the
Agreement.

(3)
Regulation (EC) No 1072/2009 of the European
Parliament and of the Council of 21 October 2009 on common rules for access to
the international road haulage market (recast)[2]
should be incorporated into the Agreement.

(4)
Regulation (EC) No 1073/2009 of the European
Parliament and of the Council of 21 October 2009 on common rules for access to
the international market for coach and bus services, and amending Regulation
(EC) No 561/2006[3]
should be incorporated into the Agreement.

(5)
Council Directive 96/26/EC[4], which is incorporated into the
Agreement, is repealed by Regulation (EC) No 1071/2009 while it should continue
to apply until and consequently be repealed under the Agreement with effect
from 4 December 2011, when Regulation (EC) No 1071/2009 will become applicable.

(6)
Council Regulations (EEC) Nos 881/92[5] and 3118/93[6] and Directive 2006/94/EC of the
European Parliament and of the Council[7],
which are incorporated into the Agreement, are repealed by Regulation (EC) No
1072/2009 while they should continue to apply until and consequently be
repealed under the Agreement with effect from 4 December 2011, when Regulation
(EC) No 1072/2009 will become fully applicable.

(7)
Council Regulations (EEC) No 684/92[8] and (EC) No 12/98[9], which are incorporated into
the Agreement, are repealed by Regulation (EC) No 1073/2009 while they should
continue to apply until and consequently be repealed under the Agreement with
effect from 4 December 2011, when Regulation (EC) No 1073/2009 will become
fully applicable,

(8)
Annex XIII to the EEA Agreement should therefore
be amended accordingly.

(9)
The position of the Union within the EEA Joint
Committee should be based on the attached draft Decision

HAS ADOPTED THIS DECISION:

Article1

The position
to be taken by the Union within the EEA Joint Committee on the proposed
amendment to Annex XIII to the EEA Agreement shall be based on the draft
Decision of the EEA Joint Committee attached to this Decision.

Article 2

This Decision shall enter into force on the
day of its adoption.

Done at Brussels,

For
the Council

The
Presiden

ANNEX

Draft

DECISION OF THE EEA JOINT COMMITTEE
No

of

amending
Annex XIII (Transport) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the
European Economic Area, as amended by the Protocol adjusting the Agreement on
the European Economic Area, hereinafter referred to as ‘the Agreement’, and in
particular Article 98 thereof,

Whereas:

(10)
Annex XIII to the Agreement was amended by
Decision of the EEA Joint Committee No .../... of ...[10].

(11)
Regulation (EC) No 1071/2009 of the European
Parliament and of the Council of 21 October 2009 establishing common rules
concerning the conditions to be complied with to pursue the occupation of road
transport operator and repealing Council Directive 96/26/EC[11] is to be incorporated into the
Agreement.

(12)
Regulation (EC) No 1072/2009 of the European
Parliament and of the Council of 21 October 2009 on common rules for access to
the international road haulage market (recast)[12]
is to be incorporated into the Agreement.

(13)
Regulation (EC) No 1073/2009 of the European
Parliament and of the Council of 21 October 2009 on common rules for access to
the international market for coach and bus services, and amending Regulation
(EC) No 561/2006[13]
is to be incorporated into the Agreement.

(14)
Council Directive 96/26/EC[14], which is incorporated into
the Agreement, is repealed by Regulation (EC) No 1071/2009 while it should
continue to apply until and consequently be repealed under the Agreement with
effect from 4 December 2011, when Regulation (EC) No 1071/2009 will become
applicable.

(15)
Council Regulations (EEC) Nos 881/92[15] and 3118/93[16] and Directive 2006/94/EC of
the European Parliament and of the Council[17],
which are incorporated into the Agreement, are repealed by Regulation (EC) No
1072/2009 while they should continue to apply until and consequently be
repealed under the Agreement with effect from 4 December 2011, when Regulation
(EC) No 1072/2009 will become fully applicable.

(16)
Council Regulations (EEC) No 684/92[18] and (EC) No 12/98[19], which are incorporated into
the Agreement, are repealed by Regulation (EC) No 1073/2009 while they should
continue to apply until and consequently be repealed under the Agreement with
effect from 4 December 2011, when Regulation (EC) No 1073/2009 will become
fully applicable,

HAS ADOPTED THIS DECISION:

Article 1

Annex XIII to the Agreement shall be
amended as follows:

1.           The following point shall be
inserted after point 19 (Council Directive 96/26/EC):

‘19a. 32009 R 1071: Regulation (EC) No
1071/2009 of the European Parliament and of the Council of 21 October 2009
establishing common rules concerning the conditions to be complied with to
pursue the occupation of road transport operator and repealing Council
Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51).

The provisions of the Regulation shall, for the
purposes of this Agreement, be read with the following adaptations:

(a)     In Article 7(1), regarding the EFTA
States the words “in the currencies of Member States which do not participate
in the third stage of the economic and monetary union” shall be read “in the
currencies of the EFTA States” and the words “published in the Official
Journal of the European Union” shall read “published officially in each
EFTA State”.

(b)     The EFTA States shall recognise the
certificates issued by the EU Member States in accordance with Article 21 of
the Regulation. For the purposes of such recognition, in the provisions of the
certificate set out in Annex III to the Regulation, references to “Member
State(s)” shall read “EU Member State(s), Iceland, Liechtenstein and Norway”.

(c)     The European Union and the EU Member
States shall recognise the certificate issued by Iceland, Liechtenstein and
Norway in accordance with the Regulation as adapted in Appendix 7 to this
Annex.

(d)     When issued by Iceland, Liechtenstein
and Norway, the certificate shall correspond to the model set out in Appendix 7
to this Annex.

(e)     In Annex I, the reference to Council
Decision 85/368/EEC shall be replaced by a reference to Recommendation 2008/C
111/01 of 23 April 2008 on the establishment of the European Qualifications
Framework for lifelong learning.’

2.           The following shall be added in
point 24e (Regulation (EC) No 561/2006 of the European Parliament and of the
Council):

‘, as amended by:

-        32009 R 1073: Regulation (EC)
No 1073/2009 of the European Parliament and of the Council of 21 October 2009
(OJ L 300, 14.11.2009, p. 88).

The provisions of the Regulation shall, for the
purposes of this Agreement, be read with the following adaptation:

Paragraph 6a of Article 8 shall apply to
drivers engaged in a single occasional coach driving in the territory of
Iceland.’

3.           The following point shall be
inserted after point 25 (Directive 2006/94/EC of the European Parliament and of
the Council):

‘25a. 32009 R 1072: Regulation (EC) No
1072/2009 of the European Parliament and of the Council of 21 October 2009 on
common rules for access to the international road haulage market (recast) (OJ L
300, 14.11.2009, p. 72).

The transitional arrangements set out in the
Annexes to the Act of Accession of 25 April 2005 or, as the case may be, to the
Protocol of Accession of 25 April 2005 for Bulgaria (Annex VI, Chapter 5, point
1) and Romania (Annex VII, Chapter 6, point 1) concerning Council Regulation
(EEC) No 3118/93 shall apply mutatis mutandis.

With regard to the safeguard mechanisms
contained in the transitional arrangements referred to in the previous
paragraph, PROTOCOL 44 ON SAFEGUARD MECHANISMS PURSUANT TO ENLARGEMENTS OF THE
EUROPEAN ECONOMIC AREA shall apply.

The provisions of the Regulation shall, for
the purposes of this Agreement, be read with the following adaptations:

(a)     Article 1(2) shall be replaced by the
following:

“In the event of carriage from a Contracting
Party to a third country and vice versa, this Regulation shall not apply to
that part of any journey carried out within the territory of a Contracting
Party of loading or unloading, unless otherwise agreed by the Contracting
Parties.”

(b)     Article 1(3) shall be replaced by the
following:

“This Regulation shall not affect provisions,
relating to the carriage from an EFTA State to a third country referred to in
paragraph 2, laid down in bilateral agreements concluded between an EFTA State
and a third country which, either under bilateral authorisations or under
liberalisation agreements allow loading and unloading in a Contracting Party by
hauliers established in another Contracting Party, provided the principle of
non-discrimination between Community hauliers and hauliers from an EFTA State
is respected.”

(c)     Articles 1(5) and 1(6) shall only be
applicable to own account transport.

(d)     The EFTA States shall recognise the
Community licences and driver attestations issued by the EU Member States in
accordance with the Regulation. For the purposes of such recognition, in the
General Provisions of the Community licence, set out in Annex II to this Regulation,
and of the driver attestation, set out in Annex III to this Regulation,
references to “Community” shall read “Community and Iceland, Liechtenstein and
Norway” and references to “Member States” shall read “EU Member State(s) and
(or) Iceland, Liechtenstein and Norway.”

(e)     The Community and the EU Member States
shall recognise the licences and driver attestations issued by an EFTA State in
accordance with this Regulation, as adapted in part b) of Annexes II and III in
Appendix 2 to the present Annex.

(f)      When issued by an EFTA State, the
licences and driver attestations shall correspond to the models set out in
Appendix 2 to the present Annex.

(g)     In Article 5(1)(b) and 5(2), the words
“within the meaning of Council Directive 2003/109/EC of 25 November 2003
concerning the status of third-country nationals who are long-term residents”
and “within the meaning of Directive 2003/109/EC” shall not apply.

(h)     The text of Article 9(1)(e) shall be
replaced by the following:

“VAT (value added tax) or turnover tax on
transport services.”

(i)      In situations referred to in Article
10:

-        regarding the EFTA States,
“Commission” shall read “EFTA Surveillance Authority” and “Council” shall read
“EFTA Standing Committee”;

-        if the Commission receives a request
from an EU Member State or the EFTA Surveillance Authority from Iceland,
Liechtenstein or Norway to adopt safeguard measures, the EEA Joint Committee
shall without delay be notified thereof and be provided with all relevant
information.

At the request of a Contracting Party,
consultations shall take place within the EEA Joint Committee. Such
consultations may also be requested in the case of prolongation of the
safeguard measures.

Once the European Commission or the EFTA
Surveillance Authority has adopted a decision, it shall immediately notify the
measures taken to the EEA Joint Committee.

If any of the Contracting Parties concerned
considers that the safeguard measures would create an imbalance between the
rights and obligations of the Contracting Parties, Article 114 of the Agreement
shall apply mutatis mutandis.’

4.           The following point shall be
inserted after point 32 (Council Regulation (EEC) No 684/92):

‘32a. 32009 R 1073: Regulation (EC) No
1073/2009 of the European Parliament and of the Council of 21 October 2009 on
common rules for access to the international market for coach and bus services,
and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p. 88).

The provisions of the Regulation shall, for the
purposes of this Agreement, be read with the following adaptations:

(a)     Article 1(2) shall be replaced by the
following:

“In the event of carriage from a Contracting
Party to a third country and vice versa, this Regulation shall not apply to
that part of any journey carried out within the territory of the Contracting
Party of picking up or setting down, unless otherwise agreed by the Contracting
Parties.”

(b)     Article 1(3) shall not apply.

(c)     The EFTA States shall recognise the
Community licence issued by the EU Member States in accordance with the
Regulation. For the purposes of such recognition, in the provisions of the
Community licence set out in Annex II to the Regulation, references to “Member
State(s)” shall read “EU Member State(s), Iceland, Liechtenstein and/or
Norway.”

(d)     The Community and the EU Member States
shall recognise the licences issued by Iceland, Liechtenstein and Norway in
accordance with the Regulation as adapted in Appendix 4 to this Annex.

(e)     When issued by Iceland, Liechtenstein
and Norway, the licences shall correspond to the model set out in Appendix 4 to
this Agreement.

(f)      The text of Article 16(1)(e) shall be
replaced by the following:

“VAT (value added tax) or turnover tax on
transport services.”’

5.           The text of points 19 (Council
Directive 96/26/EC), 25 (Directive 2006/94/EC of the European Parliament and of
the Council), 26a (Council Regulation (EEC) No 881/92), 26c (Council Regulation
(EEC) No 3118/93), 32 (Council Regulation (EEC) No 684/92) and 33b (Council
Regulation (EC) No 12/98) shall be deleted with effect from 4 December 2011.

Article 2

Appendices 2,
4 and 7 to Annex XIII to the Agreement shall be amended as specified in the
Annex to this Decision.

Article 3

The texts of Regulations (EC) Nos
1071/2009, 1072/2009 and 1073/2009 in the Icelandic and Norwegian languages, to
be published in the EEA Supplement to the Official Journal of the European
Union, shall be authentic.

Article 4

This Decision shall enter into force on ,
provided that all the notifications under Article 103(1) of the Agreement have
been made to the EEA Joint Committee*[DQC1] .

Article 5

This Decision shall be published in the EEA
Section of, and in the EEA Supplement to, the Official Journal of the
European Union.

Done at Brussels, .

For
the EEA Joint Committee

The
President
           
           
           
            The Secretaries
            to the EEA Joint Committee

ANNEX

to
Decision of the EEA Joint Committee No

Appendices 2, 4 and 7 to Annex XIII to the
Agreement shall be amended as follows:

1.         Appendix 2 to Annex XIII to the
Agreement shall be replaced by the following:

‘APPENDIX
2

DOCUMENTS
SET OUT IN THE ANNEX TO REGULATION (EC) NO 1072/2009 OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL, AS ADAPTED FOR THE PURPOSES OF THE EEA AGREEMENT

(see
adaptation (f) in point 25 of Annex XIII to the Agreement)

ANNEX II

EUROPEAN ECONOMIC AREA

(a)

(Colour Pantone light blue, format DIN A4 cellulose
paper 100g/m2 or more)

(First page of the licence)

(Text in (one of) the official language(s) of the EFTA
State issuing the licence)

Distinguishing sign of the State[20] issuing the licence || || Name of the competent authority or body

LICENCE No ...

(or)

CERTIFIED TRUE COPY No

for the international carriage of goods by road for
hire or reward

This licence entitles[21]......................................................................................................................................................................

.......................................................................................................................................................................................................

.......................................................................................................................................................................................................

to engage in the international carriage of goods by
road for hire or reward by any route, for journeys or parts of journeys carried
out for hire or reward within the territory of the Community and Iceland,
Liechtenstein and Norway[22],
as laid down in Regulation (EC) No 1072/2009 of the European Parliament and of
the Council of 21 October 2009 on common rules for access to the international
road haulage market, as adapted for the purposes of the Agreement on the
European Economic Area (EEA Agreement), and in accordance with the general
provisions of this licence.

Particular remarks:...........................................................................................................................................................................

.........................................................................................................................................................................................................

This licence shall be valid from................................................ || to..............................................................................................

Issued in.................................................................................. , || on.............................................................................................

................................................................................................ [23]

(b)

(Second page of the licence)

(Text in (one of) the official language(s) of the EFTA
State issuing the licence)

GENERAL PROVISIONS

This licence is
issued under Regulation (EC) No 1072/2009 as adapted for the purposes of the
EEA Agreement.

It entitles the
holder to engage in the international carriage of goods by road for hire or
reward by any route for journeys or parts of journeys carried out within the
territory of the Community and the EFTA States and, where appropriate, subject
to the conditions laid down herein:

-                  where
the point of departure and the point of arrival are situated in two different
States which are either EU Member States or EFTA States, with or without
transit through one or more EU Member States or EFTA States or third countries,

-                  from
an EU Member State or an EFTA State to a third country or vice versa, with or
without transit through one or more EU Member States or EFTA States or third
countries,

-                  between
third countries with transit through the territory of one or more EU Member
States or EFTA States,

and unladen journeys
in connection with such carriage.

In the case of
carriage from an EU Member State or EFTA State to a third country or vice
versa, this licence is not valid for that part of the journey carried out in
the EU Member States or EFTA State of loading or unloading.

This licence is
personal to the holder and is non-transferable.

It may be withdrawn
by the competent authority of the EFTA State which issued it, notably where the
holder has:

-                  not
complied with all the conditions for using the licence,

-                  supplied
incorrect information with regard to the data needed for the issue or extension
of the licence.

The original of the
licence must be kept by the haulage undertaking.

A certified copy of
the licence must be kept in the vehicle[24].
In the case of a coupled combination of vehicles it must accompany the motor
vehicle. It covers the coupled combination of vehicles even if the trailer or
semi-trailer is not registered or authorised to use the roads in the name of
the licence holder or if it is registered or authorised to use the roads in an
EU Member State or another EFTA State.

The licence must be
presented at the request of any authorised inspecting officer.

Within the
territory of each EU Member State and EFTA State, the holder must comply with
the laws, regulations and administrative provisions in force in that State, in
particular with regard to transport and traffic.

ANNEX III

EUROPEAN ECONOMIC AREA

(a)

(Colour Pantone pink, format DIN A4 cellulose paper 100g/m2
or more)

(First page of the attestation)

(Text in (one of) the official language(s) of the EFTA
State issuing the attestation)

Distinguishing sign of the State[25] issuing the attestation || || Name of the competent authority or body

DRIVER ATTESTATION No ...

for the carriage of goods by road for hire or reward
under a Community licence or a licence issued by Iceland, Liechtenstein or
Norway[26]

(Regulation (EC) No 1072/2009 of the European
Parliament and of the Council of 21 October 2009 on common rules for access to
the international road haulage market)

This attestation
certifies that on the basis of the documents presented by:

.........................................................................................................................................................................................................

....................................................................................................................................................................................................... [27]

the following
driver:

Name and forename.........................................................................................................................................................................

Date and place of birth............................................................ || Nationality...............................................................................

Type and reference number of identity paper................................................................................................................................

Date of issue............................................................................ || Place of issue...........................................................................

Driving licence number....................................................................................................................................................................

Date of issue............................................................................ || Place of issue...........................................................................

Social security number....................................................................................................................................................................

is employed, in
accordance with the laws, regulations or administrative provisions and, as
appropriate, the collective agreements, in accordance with the rules applicable
in the following EFTA State, on the conditions of employment and of vocational
training of drivers applicable in that EFTA State to carry out road transport
operations in that State:

....................................................................................................................................................................................................... [28]

Particular remarks........................................................................................................................................................................... .

.........................................................................................................................................................................................................

This attestation shall be valid from......................................... || to..............................................................................................

Issued in................................................................................... || on.............................................................................................

................................................................................................ [29]

(b)

(Second page of the attestation)

(Text in (one of) the official language(s) of the EFTA
State issuing the attestation)

GENERAL PROVISIONS

This attestation is
issued under Regulation (EC) No 1072/2009 as adapted for the purposes of the
EEA Agreement.

It certifies that
the driver named therein is employed, in accordance with the laws, regulations,
or administrative provisions and, as appropriate, the collective agreements, in
accordance with the rules applicable in the EFTA State mentioned on the
attestation, on the conditions of employment and of vocational training of
drivers applicable in that EFTA State to carry out road operations in that
State.

The driver
attestation shall belong to the haulier, who puts it at the disposal of the
driver designated therein when that driver drives a vehicle[30] engaged in carriage using a
Community licence or a licence by an EFTA State issued to that haulier. The
driver attestation is not transferable. The driver attestation shall be valid
only as long as the conditions under which it was issued are still satisfied
and must be returned immediately by the haulier to the issuing authorities if
these conditions are no longer met.

It may be withdrawn
by the competent authority of the EFTA State which issued it, in particular
where the holder has:

-                  not
complied with all the conditions for using the attestation,

-                  supplied
incorrect information with regard to the data needed for the issue or extension
of the attestation.

A certified true copy
of the attestation must be kept by the haulage undertaking.

An original
attestation must be kept in the vehicle and must be presented by the driver at
the request of any authorised inspecting officer.’

2.         Appendix 4 to Annex XIII to the
Agreement shall be replaced by the following:

‘APPENDIX
4

DOCUMENTS
SET OUT IN THE ANNEX TO REGULATION (EC) NO 1073/2009 OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL, AS ADAPTED FOR THE PURPOSES OF THE EEA AGREEMENT

(see
adaptation (e) in point 32 of Annex XIII to the Agreement)

ANNEX II

EUROPEAN ECONOMIC AREA

(a)

(Colour Pantone light blue, format DIN A4 cellulose
paper 100g/m2 or more)

(First page of the licence)

(Text in the official language(s) or one of the
official languages of the EFTA State issuing the licence)

Distinguishing sign of the State[31] issuing the licence || || Name of the competent authority or body

LICENCE No ...

(or)

CERTIFIED TRUE COPY No

for the international carriage of passengers by coach
and bus for hire or reward

The holder of this licence[32].............................................................................................................................................................

.......................................................................................................................................................................................................

.......................................................................................................................................................................................................

is authorised to
carry out international carriage of passengers by road for hire or reward in
the territory of the Community and Iceland, Liechtenstein and Norway[33] pursuant to the conditions
laid down by Regulation (EC) No 1073/2009 of the European Parliament and of the
Council of 21 October 2009 on common rules for access to the international
market for coach and bus service, as adapted for the purposes of the Agreement
on the European Economic Area (EEA Agreement), and in accordance with the
general provisions of this licence.

Comments:......................................................................................................................................................................................

.........................................................................................................................................................................................................

This licence is valid from......................................................... || To.............................................................................................

Issued in................................................................................... || On............................................................................................

................................................................................................ [34]

(b)

(Second page of the licence)

(Text in the official language(s) or one of the
official languages of the EFTA State issuing the licence)

GENERAL PROVISIONS

1.                This
licence is issued pursuant to Regulation (EC) No 1073/2009 as adapted for the
purposes of the EEA Agreement.

2.                This
licence is issued by the competent authorities of the EFTA State of
establishment of the carrier for hire or reward who:

(a)        is
authorised in the EFTA State of establishment to undertake carriage by means of
regular services, including special regular services, or occasional services by
coach and bus;

(b)        satisfies
the conditions laid down in accordance with Community rules, as adapted for the
purposes of the EEA Agreement, on admission to the occupation of road passenger
transport operator in national and international transport operations;

(c)        meets legal
requirements regarding the standards for drivers and vehicles.

3.                This
licence permits the international carriage of passengers by coach and bus for
hire or reward on all transport links for journeys carried out in the territory
of the Community and the EFTA States:

(a)        where the
point of departure and point of arrival are situated in two different States
which are either EU Member States or EFTA States, with or without transit
through one or more EU Member States or EFTA States or third countries;

(b)        where the
point of departure and the point of arrival are in the same EU Member State or
EFTA State, while the picking up or setting down of passengers is in another EU
Member State or EFTA State or in a third country;

(c)        from an EU
Member State or EFTA State to a third country and vice versa, with or without
transit through one or more EU Member States or EFTA States or third countries;

(d)        between
third countries crossing the territory of one or more EU Member States or EFTA
States in transit;

and empty journeys in
connection with transport operations under the conditions laid down by
Regulation (EC) No 1073/2009 as adapted for the purposes of the EEA Agreement.

In the case of a
transport operation from an EU Member State or an EFTA State to a third country
and vice versa, this licence does not apply for that part of the journey
carried out in the EU Member State or EFTA State of picking up or setting down.

4.                This
licence is personal and non-transferable.

5.                This
licence may be withdrawn by the competent authority of the EFTA State of issue
in particular where the carrier:

(a)        no longer
satisfies the conditions laid down in Article 3(1) of Regulation (EC) No
1073/2009;

(b)        has
supplied inaccurate information regarding the data required for the issue or
renewal of the licence;

(c)        has
committed a serious infringement or infringements of Community road transport
legislation, as adapted for the purposes of the EEA Agreement, in any EU Member
State or EFTA State, in particular with regard to the rules applicable to
vehicles, driving and rest periods for drivers and the provision, without
authorisation, of parallel or temporary services as referred to in the fifth
subparagraph of Article 5(1) of Regulation (EC) No 1073/2009. The competent
authorities of the EFTA State of establishment of the carrier who committed the
infringement may, inter alia, withdraw the licence or make temporary or
permanent withdrawals of some or all of the certified true copies of the
licence.

These penalties are
determined in accordance with the seriousness of the breach committed by the
holder of the licence and with the total number of certified true copies that
he possesses in respect of his international transport services.

6.                The
original of the licence must be kept by the carrier. A certified true copy of
the licence must be carried on the vehicle carrying out an international
transport operation.

7.                This
licence must be presented at the request of any authorised inspecting officer.

8.                The
holder must, on the territory of each EU Member State or EFTA State, comply
with the laws, regulations and administrative measures in force in that State,
particularly with regard to transport and traffic.

9.                ‘Regular
services’ means services which provide for the carriage of passengers at
specified intervals along specified routes, passengers being taken up and set
down at predetermined stopping points, and which are open to all, subject,
where appropriate, to compulsory reservation.

The regular nature of
the service shall not be affected by any adjustment to the service operating
conditions.

Regular services require
authorisation.

‘Special regular
services’ means regular services, by whomsoever organised, which provide for
the carriage of specified categories of passengers, to the exclusion of other
passengers, at specified intervals along specified routes, passengers being
taken up and set down at predetermined stopping points.

Special regular
services shall include:

(a)        the
carriage of workers between home and work;

(b)        carriage of
school pupils and students to and from the educational institution.

The fact that a special
service may be varied according to the needs of users shall not affect its
classification as a regular service.

Special regular
services do not require authorisation if they are covered by a contract between
the organiser and the carrier.

The organisation of
parallel or temporary services, serving the same public as existing regular
services, requires authorisation.

‘Occasional services’
means services which do not fall within the definition of regular services,
including special regular services, and whose main characteristic is that they
carry groups constituted on the initiative of a customer or of the carrier
himself. The organisation of parallel or temporary services comparable to
existing regular services and serving the same public as the latter shall be
subject to authorisation in accordance with the procedure laid down in Chapter
III of Regulation (EC) No 1073/2009. These services shall not cease to be
occasional services solely on the grounds that they are provided at certain
intervals.

Occasional services do
not require authorisation.’

3.         Appendix 7 to Annex XIII to the
Agreement shall be replaced by the following:

‘APPENDIX
7

CERTIFICATE
REFERRED TO IN ANNEX III TO REGULATION (EC) NO 1071/2009 OF THE EUROPEAN
PARLIAMENT AND OF THE COUNCIL, AS ADAPTED FOR THE PURPOSES OF THE EEA AGREEMENT

(see adaptation (d) in point 19 of Annex
XIII to the Agreement)

ANNEX III

EUROPEAN ECONOMIC AREA

(Colour Pantone stout fawn, format DIN A 4 cellulose
paper 100 g/m2 or more)

(Text in the official language(s) or one of
the official languages of the EFTA State issuing the certificate)

Distinguishing sign of the EFTA State concerned[35] || Name of the authorised authority or body[36]

CERTIFICATE OF PROFESSIONAL COMPETENCE IN
ROAD HAULAGE/PASSENGER TRANSPORT[37]

No..................................................................................................................................................................................................

We..................................................................................................................................................................................................

hereby certify that[38]).......................................................................................................................................................................

born on........................................................................................ in...............................................................................................

has successfully passed the tests for the examination (year: .....;
session: .....)[39])
necessary for the award of the certificate of professional competence in
road haulage/passenger transport(3) in accordance with Regulation
(EC) No 1071/2009 of the European Parliament and of the Council of 21 October
2009 establishing common rules concerning the conditions to be complied with to
pursue the occupation of road transport operator[40]), as adapted for
the purposes of the EEA Agreement.

This certificate constitutes the sufficient proof of professional
competence referred to in Article 21 of Regulation (EC) No 1071/2009.

Issued at................................................................................... ,
on........................................................................................... [41])’

[1]               OJ L 300, 14.11.2009, p. 51.

[2]               OJ L 300, 14.11.2009, p. 72.

[3]               OJ L 300, 14.11.2009, p. 88.

[4]               OJ L 124, 23.5.1996, p. 1.

[5]               OJ L 95, 9.4.1992, p. 1.

[6]               OJ L 279, 12.11.1993, p. 1.

[7]               OJ L 374, 27.12.2006, p. 5.

[8]               OJ L 74, 20.3.1992, p. 1.

[9]               OJ L 4, 8.1.1998, p. 10.

[10]               ...

[11]               OJ L 300, 14.11.2009, p. 51.

[12]               OJ L 300, 14.11.2009, p. 72.

[13]               OJ L 300, 14.11.2009, p. 88.

[14]               OJ L 124, 23.5.1996, p. 1.

[15]               OJ L 95, 9.4.1992, p. 1.

[16]               OJ L 279, 12.11.1993, p. 1.

[17]               OJ L 374, 27.12.2006, p. 5.

[18]               OJ L 74, 20.3.1992, p. 1.

[19]             OJ L 4, 8.1.1998, p. 10.

*               [No constitutional requirements indicated.]
[Constitutional requirements indicated.]

[20]               The distinguishing signs are IS (Iceland), (FL)
Liechtenstein, (N) Norway.

[21]               Name or business name and full address of the haulier.

[22]               Hereinafter
referred to as “the EFTA States”.

[23]               Signature
and seal of the issuing competent authority or body.

[24]               ‘Vehicle’
means a motor vehicle registered in an EFTA State, or a coupled combination of
vehicles the motor vehicle of which at least is registered in an EFTA State,
used exclusively for the carriage of goods.

[25]               The
distinguishing signs are IS (Iceland), (FL) Liechtenstein, (N) Norway.

[26]               Hereinafter
referred to as “the EFTA States”.

[27]               Name
or business name and full address of the haulier.

[28]               Name
of the haulier’s State of establishment.

[29]               Signature
and seal of the issuing competent authority or body.

[30]               ‘Vehicle’
means a motor vehicle registered in an EFTA State, or a coupled combination of
vehicles the motor vehicle of which at least is registered

[31]               The
distinguishing signs are IS (Iceland), (FL) Liechtenstein, (N) Norway.

[32]               Name
or business name and full address of the haulier.

[33]               Hereinafter
referred to as “the EFTA States”.

[34]               Signature
and seal of the competent authority or body issuing the licence.

[35]               The
distinguishing signs are IS (Iceland), (FL) Liechtenstein, (N) Norway.

[36]               Authority
or body designated in advance for this purpose by each EFTA State to issue this
certificate.

[37]               Delete
as appropriate.

[38]               Surname
and forename; place and date of birth.

[39]               Identification
of the examination.

[40]               OJ L
300, 14.11.2009, p. 51.

[41]               Seal
and signature of the authorised authority or body issuing the certificate.

[DQC1]Warning:
Footnote has custom reference mark