# Commission Regulation (EU) No 361/2014Show full title

Commission Regulation (EU) No 361/2014 of 9 April 2014 laying down detailed rules for the application of Regulation (EC) No            1073/2009 as regards documents for the international carriage of passengers by coach and bus and repealing Commission Regulation            (EC) No 2121/98 (Text with EEA relevance)         

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U.K.

# Commission Regulation (EU) No 361/2014                     

# of 9 April 2014

# laying down detailed rules for the application of Regulation (EC) No 1073/2009 as regards documents for the international                        carriage of passengers by coach and bus and repealing Commission Regulation (EC) No 2121/98                     

# (Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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(1), and in particular Article 5(3) and (5), Article 6(4), Article 7(2), Article 12(5) and Article 28(3) thereof,                        

Whereas:

(1)Article 5 of Regulation (EC) No 1073/2009 provides that regular services and certain special regular services are to be subject                              to authorisation;

(2)Article 12(1) of that Regulation states that the occasional services defined in Article 2(4) are to be carried out under cover                              of a control document;

(3)Article 5(5) of that Regulation lays down that the own-account transport operations defined in Article 2(5) are to be subject                              to a system of certificates;

(4)Rules governing the use of the control documents referred to in Article 12 of that Regulation and the means of communicating                              to the Member States concerned the names of the carriers performing the occasional services and the connection points on route                              need to be established;

(5)It is necessary to standardise, for reasons of simplicity, the journey form for international occasional services and for                              cabotage operations in the form of occasional services;

(6)The journey form used as a control document in the framework of cabotage operations in the form of special regular services                              should be filled out in the form of a monthly statement;

(7)It is necessary to standardise the forms for the communication by the Member States to the Commission of the statistical information                              related to the number of authorisations for regular services as well as cabotage operations;

(8)For reasons of transparency and simplicity, all the model documents adopted in Regulation (EC) No 2121/98 of 2 October 1998                              laying down detailed rules for the application of Council Regulations (EEC) No 684/92 and (EC) No 12/98 as regards documents                              for the carriage of passengers by coach and bus(2) should be adapted to Regulation (EC) No 1073/2009 applicable to international coach and bus services;

(9)Regulation (EC) No 2121/98 should therefore be repealed;

(10)Member States need time to have the new documents printed and distributed. Therefore in the meantime carriers should be able                              to continue to use the documents provided for in Regulation (EC) No 2121/98, which should specify that they take account of                              the provisions of Regulation (EC) No 1073/2009;

(11)The measures provided for in this Regulation are in accordance with the opinion of the Committee on Road Transport.

HAS ADOPTED THIS REGULATION:

## SECTION IU.K.CONTROL DOCUMENT

## Article 1U.K.

1.The control document (journey form) for the occasional services defined in Article 2(4) of Regulation (EC) No 1073/2009 shall                        conform to the model in Annex I to this Regulation.                  

2.The journey forms shall be in books of 25 forms, in duplicate, and detachable. Each book shall bear a number. The forms shall                        also be numbered from 1 to 25. The cover of the book shall conform to the model in Annex II. Member States shall take all                        necessary measures to adapt these requirements to computerised processing of journey forms.                  

## Article 2U.K.

1.The book referred to in Article 1 shall be made out in the name of the carrier and it shall not be transferable.                  

2.The journey form shall be filled out legibly in indelible letters, in duplicate, either by the carrier or by the driver for                        each journey prior to departure. It shall be valid for the entire journey.                  

3.The top copy of the detached journey form shall be kept on the vehicle during the whole of the journey to which it refers.                        A copy shall be kept at the company's base.                  

4.The carrier shall be responsible for keeping the journey forms.                  

## Article 3U.K.

In the case of an international occasional service provided by a group of carriers acting on behalf of the same contractor,                     and which may include the travellers catching a connection en route with a different carrier of the same group, the original                     of the journey form shall be kept on the vehicle carrying out the service. A copy of the journey form shall be kept at the                     base of each carrier.                  

## Article 4U.K.

1.Copies of the journey forms used as control documents for cabotage operations in the form of occasional services pursuant                        to Article 15(b) of Regulation (EC) No 1073/2009 shall be returned by the carrier to the competent authority or agency in                        the Member State of establishment in accordance with procedures to be laid down by that authority or agency.                  

2.In the case of cabotage operations in the form of special regular services pursuant to Article 15(a) of Regulation (EC) No                        1073/2009, the journey form in Annex I to this Regulation shall be completed in the form of a monthly statement and returned                        by the carrier to the competent authority or agency in the Member State of establishment in accordance with procedures to                        be laid down by that authority or agency.                  

## Article 5U.K.

The journey form shall enable the holder, in the course of an international occasional service, to carry out local excursions                     in a Member State other than that in which the carrier is established, in accordance with the conditions laid down in the                     second subparagraph of Article 13 of Regulation (EC) No 1073/2009. The local excursions shall be entered on the journey forms                     before the departure of the vehicle on the excursion concerned. The original of the journey form shall be kept on board the                     vehicle for the duration of the local excursion.                  

## Article 6U.K.

The control document shall be presented at the request of any authorised inspecting officer.

## SECTION IIU.K.AUTHORISATIONS

## Article 7U.K.

1.Applications for authorisation of regular services and special regular services subject to authorisation shall conform to                        the model in Annex III.                  

2.Applications for authorisation shall contain the following information:                  

(a)the timetable;                  

(b)fare scales;                  

(c)a certified true copy of the Community licence for the international carriage of passengers by coach and bus for hire or reward                        provided for in Article 4 of Regulation (EC) No 1073/2009;                  

(d)information concerning the type and volume of the service which the applicant plans to provide in the case of an application                        to create a service, or which has been provided in the case of an application for renewal of an authorisation;                  

(e)a map on an appropriate scale on which are marked the route and stopping points where passengers are to be taken up or set                        down;                  

(f)a driving schedule to permit verification of compliance with the Union legislation on driving time and rest periods.                  

3.Applicants shall provide any further information which they consider relevant or which is requested by the issuing authority                        in support of the application.                  

## Article 8U.K.

1.Authorisations shall conform to the model in Annex IV.                  

2.Each vehicle carrying out a service subject to authorisation shall have on board an authorisation or a copy certified by the                        issuing authority.                  

3.Authorisations shall be valid for a maximum of five years.                  

## SECTION IIIU.K.CERTIFICATES

## Article 9U.K.

1.Certificates for the own-account transport operations defined in Article 2(5) of Regulation (EC) No 1073/2009 shall conform                        to the model in Annex V to this Regulation.                  

2.Undertakings requesting a certificate shall provide the issuing authority with evidence or an assurance that the conditions                        laid down in Article 2(5) of Regulation (EC) No 1073/2009 have been met.                  

3.Each vehicle carrying out a service subject to a system of certificates shall carry on board for the duration of the journey                        a certificate or its certified true copy, which shall be presented at the request of any authorised inspecting officer.                  

4.Certificates shall be valid for a maximum of five years.                  

## SECTION IVU.K.COMMUNICATION OF STATISTICAL DATA

## Article 10U.K.

The data on cabotage transport operations referred to in Article 28(2) of Regulation (EC) No 1073/2009 shall be communicated                     in in the form of a table in accordance with the model in Annex VI to this Regulation.                  

## SECTION VU.K.TRANSITIONAL AND FINAL PROVISIONS

## Article 11U.K.

1.Member States may authorise the use of existing stocks of the journey forms, applications for authorisation, authorisations                        and certificates drawn up in conformity with Regulation (EC) No 2121/98 until 31 December 2015.                  

2.The other Member States shall accept the journey forms and the applications for authorisation on their territory until 31                        December 2015.                  

3.The authorisations and certificates drawn up in conformity with Regulation (EC) No 2121/98 and issued before 31 December 2015                        will remain valid until the date of their expiry.                  

## Article 12U.K.

Regulation (EC) No 2121/98 is repealed.

## Article 13U.K.

This Regulation shall enter into force on the twentieth day following that of its publication in the *Official Journal of the European Union*.                  

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 9 April 2014.

*For the Commission*                            

*The President*                            

José Manuel Barroso                            

## ANNEX IU.K.

## ANNEX IIU.K.

## ANNEX IIIU.K.

## ANNEX IVU.K.

## ANNEX VU.K.

## ANNEX VIU.K.

1

OJ L 300, 14.11.2009, p. 88.                           

2

OJ L 268, 3.10.1998, p. 10.