1992R0684 — EN — 11.06.1999 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL REGULATION (EEC)No 684/92
of 16 March 1992
on common rules for the international carriage of passengers by coach and bus
(OJ L 74, 20.3.1992, p. 1)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 11/98 of 11 December 1997 L 4 1 8.1.1998
▼B
COUNCIL REGULATION (EEC)No 684/92
of 16 March 1992
on common rules for the international carriage of passengers by
coach and bus
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity, and in particular Article 75 thereof,
Having regard to the proposal from the Commission(
1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social Committee(3),
Whereas, in accordance with Article 75 (1) (a) of the Treaty, the
establishment of a common transport policy entails, inter alia , laying
down common rules applicable to the international carriage of
passengers by road;
Whereas such rules were laid down in Council Regulations No 117/66/
EEC(4), (EEC) No 516/72(5) and (EEC) No 517/72(6) and whereas this
Regulation does not call in question the liberalization achieved by thoseRegulations;
Whereas freedom to provide services constitutes a basic principle of the
common transport policy and requires that carriers from all MemberStates be guaranteed access to international transport markets withoutdiscrimination on grounds of nationality or place of establishment;
Whereas there should be provision for flexible arrangements subject to
certain conditions for shuttle services with accommodation, specialregular service and certain occasional services, in order to satisfy market
demand;
Whereas, while maintaining authorization arrangements for regular
services and shuttle services without accommodation, certain rules
should be amended, particularly as regards authorization procedures;
Whereas observance of the Treaty rules on competition must be
guaranteed;
Whereas administrative formalities should be reduced as far as possible
without the abandonment of the controls and penalties that guarantee thecorrect application of this Regulation;
Whereas it is for the Member States to adopt the measures necessary for
the implementation of this Regulation;
Whereas the application of this Regulation should be monitored by
means of a report to be submitted by the Commission and any futureaction in this area should be considered in the light of that report,1992R0684 — EN — 11.06.1999 — 002.001 — 2
(1) OJ No C 120, 6. 5. 1987, p. 9,
OJ No C 301, 26. 11. 1988, p. 5 and
OJ No C 31, 7. 2. 1989, p. 9.
(2) OJ No C 94, 11. 4. 1988, p. 126.
(3) OJ No C 356, 31. 12. 1987, p. 62.
(4) OJ No 147, 9. 8. 1966, p. 2688/66.
(5) OJ No L 67, 20. 3. 1972, p. 13. Regulation last amended by Regulation (EEC)
No 2778/78 (OJ No L 133, 30. 11. 1978, p. 4).
(6) OJ No L 67, 20. 3. 1972, p. 19. Regulation last amended by Regulation (EEC)
No 1301/78 (OJ No L 158, 16. 6. 1978, p. 1).
▼B
HAS ADOPTED THIS REGULATION:
SECTION I
GENERAL PROVISIONS
Article 1
Scope
1. This Regulation shall apply to the international carriage of
passengers by coach and bus within the territory of the Community bycarriers for hire or reward or own-account carriers established in aMember State in accordance with its law, using vehicles which areregistered in that Member State and are suitable, by virtue of theirconstruction and equipment, for carrying more than nine persons,
including the driver, and are so intended, and to the movement of such
vehicles empty in connection with such carriage.
Change of vehicle or interruption of carriage to enable part of a journey
to be made by another means of transport shall not affect the applicationof this Regulation.
2. In the event of carriage from a Member State to a third country and
vice-versa, this Regulation shall apply to the part of the journey on theterritory of the Member State of picking up or setting down, afterconclusion of the necessary agreement between the Community and the
third country concerned.
3. Pending the conclusion of agreements between the Community and
the third countries concerned, this Regulation shall not affect provisionsrelating to the carriage referred to in paragraph 2 contained in bilateralagreements concluded by Member States with those third countries.However, Member States shall endeavour to adapt those agreements toensure compliance with the principle of non-discrimination between
Community carriers.
Article 2
Definitions
For the purposes of this Regulation, the following definitions shall
apply:
1.Regular services
1.1. Regular services are services which provide for the carriage of
passengers at specified intervals along specified routes, passengersbeing taken up and set down at predetermined stopping points.Regular services shall be 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.
1.2. Services, by whomsoever organized, which provide for the carriage
of specified categories of passengers to the exclusion of otherpassengers, insofar as such services are operated under theconditions specified in 1.1., shall be deemed to be regular services.Such services are hereinafter called ‘special regular services’.
Special regular services shall include:
(a) the carriage of workers between home and work,
(b) carriage to and from the educational institution for school
pupils and students,
(c) the carriage of soldiers and their families between their state of
origin and the area of their barracks.1992R0684 — EN — 11.06.1999 — 002.001 — 3
▼M1
▼B
▼M1
The fact that a special service may be varied according to the needs
of users shall not affect its classification as a regular service.
1.3. The organization of parallel of temporary services, serving the same
publicas existing regular servic es, ►M1 ◄the non-
serving of certain stops and the serving of additional stops on
existing regular services shall be governed by the same rules as
existing regular services.
3.Occasional services
3.1. Occasional services are services which do not meet the definition of
regular services, including special regular services and which arecharacterized above all by the fact that they carry groups ofpassengers assembled on the initiative of the customer or the carrierhimself.
The organization of parallel or temporary services comparable to
existing regular services and serving the same public as the lattershall be subject to authorization in accordance with the procedure
laid down in Section II.
3.3. The services referred to in point 3 shall not cease to be occasional
services solely because they are provided at certain intervals.
3.4. Occasional services may be provided by a group of carriers acting
on behalf of the same contractor, and travellers may catch aconnection en route, with a different carrier of the same group, in
the territory of one of the Member States.
The names of such carriers and the connection points en route shall
be communicated to the competent authorities of the Member
States concerned, in accordance with the procedures to be
determined by the Commission ►
M1in accordance with the
procedure laid down in Article 16a ◄.
4.Own-account transport operations
Own-account transport operations are those carried out for non-
commercial and non-profit-making purposes by a natural or legal
person, provided that:
— the transport activity is only an ancillary activity for that natural or
legal person,
— the vehicles used are the property of that natural or legal person or
have been obtained on deferred terms by them or have been thesubject of a long-term leasing contract and are driven by a memberof the staff of the natural or legal person or by the natural personhimself.1992R0684 — EN — 11.06.1999 — 002.001 — 4
▼B
▼M1
▼B
▼M1
▼B
▼M1
▼B
Article 3
Freedom to provide services
1. Any carrier for hire or reward referred to in Article 1 shall be
permitted to carry out the transport services defined in Article 2 without
discrimination as to nationality or place of establishment if he:
— is authorized in the State of establishment to undertake carriage by
means of regular services including special regular services or
occasional services by coach and bus;
— satisfies the conditions laid down in accordance with Community
rules on admission to the occupation of road passenger transportoperator in national and international transport operations;
— meets legal requirements on road safety as far as the standards for
drivers and vehicles are concerned.
2. Any own-account carrier referred to in Article 1 shall be permitted
to carry out the transport services defined in Article 13 withoutdiscrimination as to nationality or place of establishment if he:
— is authorized in the State of establishment to undertake carriage by
coach and bus in accordance with the market-access conditions laid
down by national legislation;
— meets legal requirements on road safety as far as the standards for
drivers and vehicles are concerned.
Article 3a
Community licence
1. In order to carry out international passenger transport operations
by coach and bus, any carrier meeting the criteria laid down in Article 3
(1) must hold as Community licence issued by the competent authorities
of the Member State of establishment in accordance with the model setout in the Annex.
2. The competent authorities of the Member State of establishment
shall issue the holder with the original of the Community licence, whichshall be kept by the carrier, and the number of certified true copies
corresponding to the number of vehicles used for the international
carriage of passengers at the disposal of the holder of the Communitylicence, either in full ownership, or in another form, notably by virtue ofan instalment-purchase contract, a hire contract or a leasing contract.
3. The Community licence shall be established in the name of the
carrier and shall be non-transferable. A certified true copy of the
Community licence shall be carried on the vehicle and shall be presented
at the request of any authorized inspecting officer.
4. The Community licence shall be issued for a period of five years
which shall be renewable.
5. The Community licence shall replace the document issued by the
competent authorities of the Member State of establishment certifying
that the carrier has access to the market for the international carriage of
passengers by road.
6. When an application for a licence is submitted, and at least every
five years thereafter, the competent authorities of the Member State ofestablishment shall verify whether the carrier meets or continues to meetthe conditions laid down in Article 3 (1).
7. Where the conditions referred to in Article 3 (1) are not met, the
competent authorities of the Member State of establishment shall refuse
to issue or renew a Community licence by means of a reasoned decision.
8. Member States shall guarantee the right of the applicant for, or
holder of, a Community licence to appeal against a decision by thecompetent authorities of the Member State of establishment to refuse orwithdraw this licence.1992R0684 — EN — 11.06.1999 — 002.001 — 5
▼M1
▼B
▼M1
▼M1
9. Member States shall inform the Commission no later than 31
January of every year of the number of carriers holding a Communitylicence as at 31 December of the previous year and of the number of
certified true copies corresponding to the number of vehicles in
circulation on that date.
10. Member States may decide that the Community licence shall also
be valid for national transport operations.
Article 4
Access to the market
1. Occasional services as defined in Article 2 (3.1) shall not require
authorization.
2. Special regular services defined in Article 2 (1.2) shall not require
authorization if they are covered by a contract concluded between the
organizer and the carrier.
3. Empty journeys by vehicles in connection with the transport
operations referred to in paragraphs 1 and 2 shall likewise not requireauthorization.
4. Regular services as defined in the first subparagraph of Article 2
(1.1) and special regular services not covered by a contract between the
organizer and the carrier shall require authorization in accordance withArticles 5 to 10.
5. Arrangements for own-account transport operations are set out in
Article 13.
SECTION II
REGULAR SERVICES SUBJECT TO AUTHORIZATION
Article 5
Nature of authorization
1. Authorizations shall be issued in the name of the transport
undertaking; they may not be transferred by the latter to third parties.However, the carrier who has received the authorization may, with theconsent of the authority referred to in Article 6 (1), operate the servicethrough a sub-contractor. In this case, the name of the latter undertaking
and its role as sub-contractor shall be indicated in the authorization. The
sub-contracter must fulfil the conditions laid down in Article 3 (1).
►
M1In the case of undertakings associated for the purpose of
operating a regular service, the authorization shall be issued in thenames of all the undertakings. ◄It shall be given to the undertaking
that manages the operation and copies shall be given to the others. The
authorization shall state the names of all the operators.
►
M12. The period of validity of an authorization shall not exceed
five years. ◄It may be set at less either at the request of the applicant
or by mutual consent of the competent authorities of the Member States
on whose territory passengers are picked up or set down.
3. Authorizations shall specify the following:
(a) the type of service;
(b) the route of the service, giving in particular the place of departure
and the place of destination;
(c) the period of validity of the authorization;
(d) the stops and the timetable.1992R0684 — EN — 11.06.1999 — 002.001 — 6
▼B
▼M1
▼B
▼M1
▼B
4. Authorizations shall conform to a model drawn up by the
Commission ►M1in accordance with the procedure laid down in
Article 16a ◄.
5. Authorizations shall entitle their holder(s) to operate regular
services in the territories of all Member States over which the routes ofthe service pass.
6. The operator of a regular service may use additional vehicles to
deal with temporary and exceptional situations.
In this case, the carrier must ensure that the following documents are
carried on the vehicle:
— a copy of the authorization of the regular service,
— a copy of the contract between the operator of the regular service and
the undertaking providing the additional vehicles or an equivalent
document,
— a certified true copy of the Community licence issued to the operator
of the regular service.
Article 6
Submission of applications for authorization
1. Applications for authorization of regular services shall be
submitted to the competent authorities of the Member State in whoseterritory the place of departure is situated, hereinafter referred to as the‘authorizing authority’. The place of departure shall mean ‘one of thetermini of the service’.
2. Applications shall conform to a model drawn up by the
Commission ►
M1in accordance with the procedure laid down in
Article 16a ◄.
3. Persons applying for authorization shall provide any further
information which they consider relevant or which is requested by theauthorizing authority, in particular a driving schedule making it possibleto monitor compliance with Community legislation on driving and rest
periods and a copy of the Community licence for international carriage
of passengers by road for hire or reward provided for in Article 3a.
Article 7
Authorizing procedure
1. Authorizations shall be issued in agreement with the authorities of
all the Member States in whose territories passengers are picked up orset down. The authorizing authority shall forward to such authorities —as well as to the competent authorities of Member States whoseterritories are crossed without passengers being picked up or set down
— a copy of the application, together with copies of any other relevant
documentation, and its assessment.
2. The competent authorities of the Member States whose agreement
has been requested shall notify the authorizing authority of their decisionon the application within two months. This time limit shall be calculatedfrom the date of receipt of the request for an opinion which is shown inthe acknowledgement of receipt. If within this period the authorizing
authority has received no reply, the authorities consulted shall be
deemed to have given their agreement and the authorizing authorityshall grant the authorization.
The authorities of the Member States whose territories are crossed
without passengers being picked up or set down may notify theauthorizing authority of their comments within the time limits laid downin the first subparagraph.1992R0684 — EN — 11.06.1999 — 002.001 — 7
▼M1
▼B
▼M1
▼B
▼M1
▼M1
3. Subject to paragraphs 7 and 8, the authorizing authority shall take
a decision on the application within four months of the date ofsubmission of the application by the carrier.
4. Authorization shall be granted unless:
(a) the applicant is unable to provide the service which is the subject of
the application with equipment directly available to him;
(b) in the past the applicant has not complied with national or
international legislation on road transport, and in particular the
conditions and requirements relating to authorizations for interna-tional road passenger services, or has committed serious breaches oflegislation in regard to road safety, in particular with regard to therules applicable to vehicles and driving and rest periods for drivers;
(c) in the case of an application for renewal of authorization, the
conditions of authorization have not been complied with;
(d) it is shown that the service in question would directly compromise
the existence of regular services already authorized, except in casesin which the regular services in question are carried out by a singlecarrier or group of carriers only;
(e) it appears that the operation of services covered by the application is
aimed only at the most lucrative of the services existing on the links
concerned;
(f) a Member State decides on the basis of a detailed analysis that the
said service would seriously affect the viability of a comparable railservice on the direct sections concerned. Any decision pursuant to
this provision, together with the reasons therefor, shall be notified to
the carriers affected.
As from 1 January 2000, in the event that an existing international
bus service is seriously affecting the viability of a comparable railservice on the direct sections concerned, a Member State may, withthe agreement of the Commission, suspend or withdraw the
authorization to run the international bus service after having given
six months' notice to the carrier.
The fact that a carrier offers lower prices than are offered by other road
carriers or the fact that the link in question is already operated by otherroad carriers may not in itself constitute justification for rejecting theapplication.
5. The authorizing authority and the competent authorities of all the
Member States involved in the procedure to reach the agreementprovided for in paragraph 1 may refuse applications only on the basis ofreasons compatible with this Regulation.
6. If the procedure for reaching the agreement referred to in
paragraph 1 does not enable the authorizing authority to decide on an
application, the matter may be referred to the Commission within the
time limit of five months calculated from the date of submission of theapplication by the carrier.
7. After consulting the Member States concerned, the Commission
shall within ten weeks take a decision which shall take effect withinthirty days of the notification of the Member States concerned.
8. The Commission decision shall continue to apply until such time
as agreement is reached between the Member States concerned.
9. Having completed the procedure laid down in this Article, the
authorizing authority shall inform all the authorities referred to inparagraph 1 of its decision, sending them a copy of any authorization;the competent authorities of the transit Member States may indicate thatthey do not wish to be so informed.1992R0684 — EN — 11.06.1999 — 002.001 — 8
▼B
Article 8
Grant and renewal of authorizations
1. Once the procedures referred to in Article 7 have been completed,
the authorizing authority shall grant the authorization or shall formallyrefuse the application.
2. Decisions refusing an application must state the reasons on which
they are based. Member States shall ensure that transport undertakings
are given the opportunity to make representations in the event of their
application being refused.
3. Article 7 shall apply, mutatis mutandis , to applications for the
renewal of authorizations or for alteration of the conditions under whichthe services subject to authorization must be carried out.
In the event of a minor alteration to the operating conditions, in
particular adjustment ►
M1of intervals ◄of fares and timetables, the
authorizing authority need only supply the other Member Statesconcerned with the information in question.
The Member States concerned may also agree that the authorizing
authority alone shall decide on alterations to the conditions under whicha service is operated.
Article 9
Lapse of an authorization
1. Without prejudice to Article 14 of Regulation (EEC) No 1191/
69(
1), an authorization for a regular service shall lapse at the end of its
period of validity or three months after the authorizing authority hasreceived from its holder notice of his intention to withdraw the service.Such notice must contain a proper statement of reasons.
2. Where demand for a service has ceased to exist, the period
mentioned in paragraph 1 shall be reduced to one month.
3. The authorizing authority shall inform the competent authorities of
the other Member States concerned that the authorization has lapsed.
5. The holder of the authorization shall notify users of the serviceconcerned of its withdrawal one month beforehand by means ofappropriate publicity.
Article 10
Obligations of carriers
1. Save in the event of force majeure , the operator of a regular
service shall, until the authorization expires, take all measures toguarantee a transport service that fulfils the standards of continuity,regularity and capacity and complies with the other conditions laid down
by the competent authority in accordance with Article 5 (3).
2. The carrier shall display the route of the service, the bus stops, the
timetable, the fares and the conditions of carriage — insofar as these arenot laid down by law — in such a way as to ensure that such informationis readily available to all users.1992R0684 — EN — 11.06.1999 — 002.001 — 9
(1) Council Regulation (EEC) No 1191/69 of 26 June 1969 on action by Member
States concerning the obligations inherent in the concept of a public service in
transport by rail, road and inland waterway (OJ No L 156, 28. 6. 1969, p. 1).
Regulation last amended by Regulation (EEC) No 1893/91 (OJ No L 169, 29.
6. 1991, p. 1).▼M1
▼B
▼B
3. Without prejudice to Regulation (EEC) No 1191/69, it shall be
possible for the Member States concerned, by common agreement and inagreement with the holder of the authorization, to make changes to the
operating conditions governing a regular service.
SECTION III
OCCASIONAL SERVICES AND OTHER SERVICES EXEMPT
FROM AUTHORIZATION
Article 11
Journey form
1. The services referred to in Article 4 (1) shall be carried out under
cover of a journey form.
2. A carrier operating occasional services shall fill out a journey form
before each journey.
3. The journey form shall contain at least the following information:
(a) the type of service;
(b) the main itinerary;
(c) the carrier(s) involved.
4. The books of journey forms shall be supplied by the competent
authorities of the Member State where the transport undertaking isestablished or by bodies appointed by those authorities.
5. The Commission shall, in accordance with the procedure provided
for in Article 16a, lay down the model for the journey form and the wayin which it is to be used.
Article 12
Local excursions
Within the framework ►
M1 ◄of an international
occasional service, a carrier may carry out occasional services (local
excursions) in a Member State other than that in which it is established.
Such services shall be intended for non-resident passengers previously
carried by the same carrier on one of the international servicesmentioned in the first subparagraph and must be carried out with thesame vehicle or another vehicle from the same carrier or group ofcarriers.
SECTION IV
OWN-ACCOUNT TRANSPORT OPERATIONS
Article 13
1. Own-account road transport operations defined in point 4 of
Article 2 shall be exempt from any system of authorization but shall be
subject to a system of certificates.
3. The certificates provided for in paragraph 1 shall be issued by thecompetent authority of the Member State in which the vehicle isregistered and shall be valid for the entire journey including transit.
They must conform to a model determined by the Commission ►
M1in
accordance with the procedure laid down in Article 16a ◄.1992R0684 — EN — 11.06.1999 — 002.001 — 10
▼M1
▼B
▼M1
▼B
▼B
SECTION V
CONTROLS AND PENALTIES
Article 14
Transport tickets
1. Passengers using a regular service, excluding special regular
services, ►M1 ◄shall throughout their journey possess
transport tickets, either individual or collective, which indicate:
— the points of departure and destination and, where appropriate, the
return journey;
— the period of validity of the ticket;
— the price of transport.
2. The transport ticket provided for in paragraph 1 shall be presented
at the request of any authorized inspecting officer.
Article 15
Inspections on the road and in undertakings
1. The authorization or control document shall be carried on the
vehicle and shall be presented at the request of any authorized inspectingofficer.
In the case of the services covered by Article 4 (2), the contract or a
certified true copy of it shall serve as a control document.
2. Carriers operating coaches and buses in international passenger
transport shall allow all inspections intended to ensure that operations
are being conducted correctly, in particular as regards driving and rest
periods. In the context of implementation of this Regulation, authorizedinspecting officers shall be empowered to:
(a) check the books and other documentation relating to the operation of
the transport undertaking;
(b) make copies of, or take extracts from, the books and documentation
on the premises;
(c) have access to all the transport undertaking's premises, sites and
vehicles;
(d) require the production of any information contained in books,
documentation or data bases.
Article 16
Penalties and mutual assistance
1. The comptetent authorities of the Member State where the carrier
is established shall withdraw the Community licence provided for inArticle 3a where the holder:
— no longer meets the conditions laid down in Article 3 (1),
— has supplied inaccurate information concerning the data which were
required for the issue of the Community licence.
2. The authorizing authority shall withdraw an authorization if the
holder no longer fulfils the conditions on the basis of which the
authorization was issued under this Regulation, in particular where theMember State in which the carrier is established so requests. Theauthority shall immediately inform the competent authorities of theMember State concerned.
3. In the case of a serious breach or repeated minor breaches of road
safety regulations, in particular with regard to the rules applicable tovehicles, driving and rest periods for drivers and the provision withoutauthorization of parallel or temporary services, as referred to in Article 2(1.3), the competent authorities of the Member State of establishment of1992R0684 — EN — 11.06.1999 — 002.001 — 11
▼M1
▼B
▼M1
▼M1
the carrier who committed the breach may inter alia withdraw the
Community licence or make temporary and/or partial withdrawals of thecertified true copies of the Community licence.
These penalties shall be determined in accordance with the seriousness
of the breach committed by the holder of the Community licence andwith the total number of certified true copies that he possesses in respectof his international trade.
4. The competent authorities of the Member States shall prohibit a
carrier from operating on their territory an international passengerservice under this Regulation if he repeatedly commits serious breachesof the regulations governing road safety, in particular with regard to therules applicable to vehicles and driving and rest periods for drivers.
They shall immediately inform the competent authorities of the Member
State concerned.
5. Member States shall on request provide each other with any
relevant information in their possession concerning:
— breaches of this Regulation and of any other Community rules
applicable to the international carriage of passengers by coach andbus committed in their territory by a carrier from another MemberState, and the penalties imposed,
— the penalties imposed on their own carriers in respect of breaches
committed in the territory of another Member State.
Article 16a
Where the procedure referred to in this Article is to be followed the
Commission shall be assisted by the advisory committee set up byCouncil Regulation (EC) No 12/98 of 11 December 1997, laying down
the conditions under which non-resident carriers may operate national
road passenger transport services within a Member State(
1) and chaired
by the representative of the Commission.
The representative of the Commission shall submit to the committee a
draft of the measures to be taken. The committee shall deliver its
opinion on the draft, within a time limit which the chairman may lay
down according to the urgency of the matter, if necessary by taking avote.
The opinion shall be recorded in the minutes; in addition, each Member
State shall have the right to ask to have its position recorded in the
minutes.
The Commission shall take the utmost account of the opinion delivered
by the committee. It shall inform the committee of the manner in whichits opinion has been taken into account.
SECTION VI
TRANSITIONAL AND FINAL PROVISIONS
Article 17
Transitional provision
Authorizations for services existing on the date of entry into force of this
Regulation shall continue to be valid until they expire insofar as the
services in question remain subject to authorization.
Article 18
Agreements between Member States
1. Member States may conclude bilateral and multilateral agreements
on the further liberalization of the services covered by this Regulation,1992R0684 — EN — 11.06.1999 — 002.001 — 12
(1) OJ No L 4, 8. 1. 1998, p. 10.▼B
▼B
in particular as regards the authorization system and the simplification or
abolition of control documents.
2. Member States shall inform the Commission of any agreements
concluded under paragraph 1.
Article 19
Implementation
Member States shall, before 1 June 1992 and after consulting the
Commission, adopt the measures necessary for the implementation of
this Regulation and notify such measures to the Commission.
Member States shall adopt measures relating in particular to the means
of carrying out checks and the system of penalties applicable toinfringements of the provisions of this Regulation, and take all themeasures necessary to ensure that those penalties are applied. The
penalties thus provided for shall be effective, proportionate and
dissuasive. Member States shall notify the relevant measures to theCommission within 12 months of the date on which this Regulationcomes into force and shall notify any subsequent changes as soon aspossible. They shall ensure that all such measures are applied without
discrimination as to the nationality or place of establishment of the
carrier.
Article 20
Commission report and proposal
1. Before 1 July 1995 the Commission shall report to the Council on
the application of this Regulation. Before 1 January 1996 it shall submitto the Council a proposal for a Regulation on the simplification ofprocedures including — in the light of the report's conclusions — the
abolition of authorizations.
2. Before 1 January 1997 the Council shall act by qualified majority
on the Commission proposal referred to in paragraph 1.
Article 21
Repeals
1. Regulations No 117/66/EEC, (EEC) No 516/72 and (EEC) No 517/
72 are hereby repealed.
2. References to the Regulations repealed shall be taken as references
to this Regulation.
Article 22
Entry into force and application
This Regulation shall enter into force on the third day following that of
its publication in the Official Journal of the European Communities .
It shall apply from 1 June 1992.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1992R0684 — EN — 11.06.1999 — 002.001 — 13
▼M1
▼B
▼M1
ANNEX
1992R0684 — EN — 11.06.1999 — 002.001 — 14
▼M1
General provisions
1. This licence is issued pursuant to Council Regulation (EEC) No 684/92 of 16
March 1992 on common rules for the international carriage of passengers by
coach and bus, as amended by Regulation (EC) No 11/98.
2. This licence is issued by the comptetent authorities of the Member State of
establisment of the carrier for hire or reward who:
— is authorized in the Member State of establishment to undetake carriage by
means of regular services, including special regular services or occasional
services by coach and bus,
— satisfies the conditions laid down in accordance with Community rules on
admission to the occupation of road passenger transport operator in
national and international transport operations,
— meets legal requirements on road safety as far as the standards for drivers
and vehicles are concerned.
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:
— where the place of departure and place of destination are situated in two
different Member States, with or without transit through one or more
Member States or third countries,
— from a Member State to a third country and vice versa, with or without
transit through one or more Member States or third countries,
— between third countries crossing the territory of one or more Member
States in transit,
and empty journeys in connection with transport operations under the
conditions laid down by Regulation (EEC) No 684/92.
In the case of a transport operation from a Member State to a third country and
vice versa, Regulation (EEC) No 684/92, is applicable, for the journey made in
the territory of the Member State of picking up or setting down, once the
necessary agreement between the Community and the third country in question
has been concluded.
4. This licence is personal and non-transferable.
5. This licence may be withdrawn by the competent authority of the Member
State of issue in particular where the carrier:
— no longer meets the conditions laid down in Article 3 (1) of Regulation
(EEC) No 684/92,
— has supplied inaccurate information regarding the data required for the
issue or renewal of the licence,
— has committed a serious breach or repeated minor breaches of road safety
regulations, in particular with regard to the rules applicable to vehicles,
driving and rest periods for drivers and the provision, without authoriza-
tion, of parallel or temporary services as referred to in Article 2 (1.3) of
Regulation (EEC) No 684/92. The competent authorities of the Member
State of establishment of the carrier who committed the breach may, ‘inter
alia’, withdraw the Community licence or make temporary and/or partial
withdrawals of the certified true copies of the Community licence.
These penalties are determined in accordance with the seriousness of the
breach committed by the holder of the Community licence and with the total
number of certified true copies that he possesses in respect of his international
trade.
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 inspecting officer.
8. The holder must, on the territory of each Member 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. Regular services shall be 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 authorization.1992R0684 — EN — 11.06.1999 — 002.001 — 15
▼M1
‘Special regular services’ means regular services 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 to and from the educational institution for school pupils and
students;
(c) the carriage of soldiers and their families between their homes and the
area of their barracks.
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 authorization if they are covered by a
contract between the organizer and the carrier.
The organization of parallel or temporary services, serving the same public as
existing regular services, requires authorization.
‘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 organization of parallel or temporary
services comparable to existing regular services and serving the same public as
the latter shall be subject to authorization in accordance with the procedure
with the procedure laid down in Section II of Regulation (EEC) No 684/92.
These services shall not cease to be occasional services solely because they are
provided at certain intervals.
Occasional services do not require authorization.1992R0684 — EN — 11.06.1999 — 002.001 — 16