COMMISSION REGULATION (EEC) No 1839/92
of 1 July 1992
laying down detailed rules for the application of Council Regulation No 684/92 as regards documents for the international carriage of passengers
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 684/92 of 16 March 1992 on common rules for the international carriage of passengers by coach and bus (1), and in particular Articles 2 (2.2) and (3.4), 5 (4), 6 (2), 11 (6) and 13 (3) thereof,
Having consulted the Member States,
Whereas Article 4 (4) of Regulation (EEC) No 684/92 makes regular services, shuttle services without accommodation, residual occasional services and certain special regular services subject to authorization;
Whereas Article 11 (1) of the Regulation states that the shuttle services with accomodation defined in Article 2 (2.2), and the occasional services referred to in Article 2 (3.1) (a), (b), (c) and (d) shall be carried out under cover of a control document;
Whereas Article 13 (1) of the Regulation lays down that the own account transport operations defined in Article 2 (4) are subject to a system of certificates;
Whereas Article 13 (2) of the Regulation makes own account transport other than that mentioned in Article 2 (4) subject to authorization;
Whereas rules governing the use of the control documents referred to in Article 11 of Regulation (EEC) No 684/92 and the means of communicating to the Member States concerned the names of the carriers carrying out these services and of the connection points en route need to be determined;
Whereas the models of the documents established by Commission Regulation (EEC) No 1172/72 (2), as last amended by the Act of Accession of Spain and Portugal, and Commission Regulation (EEC) No 1016/68 (3), as amended by Regulation (EEC) No 2485/82 (4), no longer meet the requirements of Regulation (EEC) No 684/92, and these Regulations should therefore be repealed and replaced by appropriate provisions;
Whereas the Member States need time to have the new documents printed and distributed;
Whereas, meanwhile, carriers should be able to use the present documentation laid down in Regulations (EEC) No 1016/68 and (EEC) No 1172/72, suitably amended to take account of the provisions of Regulation (EEC) No 684/92 and of this Regulation,
HAS ADOPTED THIS REGULATION:
SECTION I Control document
Article 1
1. The control document for shuttle services with accomodation, defined in Article 2 (2.2) of Regulation (EEC) No 684/92, shall be in the form of a passenger waybill and of a set of translations of the waybill. The waybill shall be in the form shown at Annex I to this Regulation.
2. The waybills shall be in books of 25 waybills, in duplicate, and detachable. Each book shall bear a number. The waybills shall also be numbered from 1 to 25. The cover of the book shall be in the form shown at Annex I A to this Regulation.
Article 2
1. The control document for occasional services, as defined in Article 2 (3.1) (a), (b), (c) and (d) of Regulation (EEC) No 684/92, shall take the form of the waybill and a set of translations of the waybill. The waybill shall be in the form shown at Annex II to this Regulation.
2. The waybills shall be in books of 25 waybills, in duplicate, and detachable. Each book shall bear a number. The waybills shall also be numbered from 1 to 25. The cover of the book shall be in the form shown at Annex II A to this Regulation.
Article 3
1. The books provided for in Articles 1 and 2 shall be made out in the name of the carrier; they may not be transferred.
2. A waybill shall be filled out legibly in indelible capital letters, in duplicate, either by the carrier or by the driver for each journey, before it begins. It shall be valid for the entire journey.
3. The top copy of the waybill shall be kept on the vehicle for all 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 waybills.
Article 4
1. In the case of a shuttle service with accommodation or of an 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 waybill shall be kept on the vehicle carrying out the service. A copy of the waybill shall be kept at the base of each carrier involved and a copy shall be sent to the authorities of the State of establishment of the managing carrier in the month following that in which the service is carried out.
2. Member States wishing to receive the waybills referred to in paragraph 1, for the journeys which affect them, shall request them from the competent authorities of the other Member States. The latter shall send the requesting Member State a copy of the waybills in question within two months of receipt of them. If no request is received from one or more Member States, Member States may exempt the carriers established on their territory from the obligation to send a copy of the waybill in respect of those Member States.
Article 5
The waybill enables its holder to carry out in the course of an international shuttle service with accommodation or an international occasional service, local excursions in a Member State other than the one in which the carrier is established, in accordance with the conditions laid down in the second paragraph of Article 12 of Regulation (EEC) No 684/92. The local excursions shall be indicated on the waybill before the departure of the vehicle for the excursion in question. The original of the waybill shall be kept on board the vehicle for the duration of the local excursion.
Article 6
The control document shall be presented to any enforcement official on request.
SECTION II Authorizations
Article 7
1. The request for authorization for regular services, shuttle services without accommodation, residual occasional services, the special regular services subject to authorization and the own account services referred to in Article 13 (2) of Regulation (EEC) No 684/92 shall be in conformity with the model at Annex III to this Regulation.
2. The request for authorization shall contain the following information, as appropriate:
(i) the timetable;
(ii) fare scales;
(iii) evidence that the applicant satisfies the requirements applicable in the Member State of establishment to persons wishing to engage in the international carriage of passengers by coach or bus;
(iv) information concerning the type and volume of traffic which the applicant plans to carry;
(v) a map on an appropriate scale on which are marked out the route and stopping points where passengers are to be taken up or set down.
Article 8
1. The authorizations shall conform to the model at Annex IV to this Regulation.
2. Each vehicle carrying out a service subject to authorization shall have on board an authorization or a copy certified by the authorizing authority.
3. The authorization authority may grant additional authorizations in cases where the carrier proves that he needs them.
SECTION III Certificates
Article 9
1. The certificate for the own account services defined in Article 2 (4) of Regulation (EEC) No 684/92 shall conform to the model at Annex V to this Regulation.
2. The company which requests a certificate shall provide the issuing authority with evidence or an assurance that the conditions laid down in Article 2 (4) of the Regulation have been met.
3. Each vehicle carrying out a service subject to a system of certificates shall have a certificate or a certified copy on board the vehicle for the duration of the journey which shall be presented to enforcement officials on request.
4. The certificate shall be valid for a maximum of five years.
SECTION IV Transitional and final provisions
Article 10
Without prejudice to Article 11, Commission Regulations (EEC) No 1016/68 and (EEC) No 1172/72 are repealed.
Article 11
Member States may authorize the use of the waybills, applications for authorization, authorizations and the certificates laid down in Regulations (EEC) No 1016/86 and (EEC) No 1172/72 until 31 December 1993 at the latest, provided that these are amended, legibly, indelibly and appropriately in so far as is necessary, in order to conform to the provisions of Regulation (EEC) No 684/92 and of this Regulation.
The other Member States shall accept these documents on their territory until 31 December 1993.
Article 12
Member States shall take the necessary measures to implement this Regulation. They shall inform the Commission thereof.
Article 13
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities and shall be applicable from 1 June 1992.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 July 1992.